Jeffrey Toobin

with Jeffrey Toobin
in Current Affairs, Books
on Thursday, September 20, 2012 * * * * *

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Jeffrey Toobin on his book “The Oath – The Obama White House and The Supreme Court”

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    1. NeilMacCallister  10/03/2012 12:55 AM Report

      America is being razed! ..It is burning and sinking!! ..and Messrs. Jeffrey and Rose want to spend the majority of their public time here discussing a more than 3 yr. old misstatement of a pomp-and-circumstance delivery-line !!!!

      America can't even pay-off its current bills, ..Yet President Obama wants to spend MORE!!! ..So he lies to the Chinese and borrows money from them -- promising to send back repayments in dollars -- which he will simply print up in his basement!

      That kind of fiscal and monetary attack upon America will eventually kill America dead.

      But John Roberts just says "It is not my job to protect Americans from bad decisions".

      Yet the oath taken by Roberts MUST have asked him to support and defend America!! ..did it not?????

      How can he then say it is "Okay" for Obama to deplete America of all of its future survival funds -- and more???

      How can our most Supreme Court just abstain from its duty to protect, and sit back and allow any President to seize privately held, personally managed growth monies for his own private use??? ..a commandeering of economic essentials which surely leaves America with only hunger and pain in its future?

      How can the starving of America be a "Constitutional" act by a President????? ..to force America to die decrepit right in the middle of the street????

      John Roberts! ..Do your JOB!!!! ..Protect America!!

      Jeff and Charlie! ..quit laying about, and get back to work building and maintaining America! ..America is in a time of serious need!!!

    2. rtb  09/29/2012 07:54 AM Report

      I believe this space is for comments, not tomes.

    3. kamikazeechawly  09/25/2012 07:32 PM Report

      Jeffry Toobin likes him.

    4. kamikazeechawly  09/25/2012 07:31 PM Report

      John Roberts is a big Big Disappointment.

      He's Not a conservative, he's a Plutocrat.

    5. kamikazeechawly  09/25/2012 07:27 PM Report

      John Roberts is responsible for, 'Citizens United'?!?!?!!!!!

      Ahhhh soooo! Vaddy Vaddy Eenderesting!

    6. kamikazeechawly  09/25/2012 07:24 PM Report

      Neil, my friend, you have lost it.

      ...just like the republican party; poor Ronald Reagan is spinning around in his grave. Ronald Reagan championed 'the people' i.e. small business and people who really worked. The current republican party, while playing lip service to Ronald Reagan, don't give a crap about working people, ALL they cater to is rich pigs like, Donald Trump and Wall Street Socialist-Plutocrats.

      And they dig their own graves with their teeth with their ridiculous, cartoonish, sensationalized criticisms of President Obama.

    7. NeilMacCallister  09/24/2012 10:27 PM Report

      Mr. Jeffrey Toobin Esq. walks into the Rose Court with a smile, ..and gets a hearty "How are you friend?" from the Chief Magistrate Mr. Rose -- as Mr. Toobin sits at the prepared table to prosecute his arguments against Mitt Romney, Freedom of Speech, and the Rule of Law.

      His supporter, Hubert "hhh" Humphrey, has just dropped the two 15-kiloton "dissent suppressors" -- and the deadly silence in the land makes Mr. Toobin smile with pleasure (see above photo).

      Jeffery and Charlie beg at once, both forcefully and tangentially, to see Barack Obama placed back into that Presidential position where he can then seat two more snipers upon the Supreme Court, who will then finally kill off both George Washington and Thomas Jefferson -- just as suredly as James Earl Ray killed off our Washington/Jefferson equal Dr. Martin Luther King!!!

      "This is how America dies, not with a bang, but a Presidential appointment."

    8. hhh  09/23/2012 01:47 PM Report

      ( The solution for a better economy for USA )

      The wise man always see thinks as they are

      Understand the reason of the subject way and how they are as they are

      In order to found a solution for the better.

      If the man doesn’t found a solution for the better than he is only a person who understand the situation as he understand it and can therefore never be counted as the most wise man

      The wise man always see thinks as they are before acting by choosing the better

      If he wouldn’t chose the better before his action is committed

      Than he would not be a wise man

      USA is aware about the subject that a nation is dependent on every citizen and every citizen is dependent on its nation therefore can this economical political structure that exists inside USA that have been the superior and most successful structure during the 20 century will never achieve the same success during the 21 century as it did during the 20 century, but there is methods that can be used today that have never been tested before related to this kind of economical political structure that USA have today that can make this structure much better but will never create a justified society for al of its citizens the only way to create a justified society is to change this economical political structure in much more profound way.

      But for now with the permission of the respectable readers I do wish to explain little more about the former namely the subject of methods that can be used today that have never been tested before……

      Today the Central bank of USA Federal reserve is distributing capital to different kind of banks in order to crate competitive environment among this bank where they have the responsibility to borrow capital to the citizens or the companies/industries.

      By borrowing capital to the citizens will the banks receive more capital in return related to the entrance that the banks will receive.

      The entrance that the banks receive is in many case the profit that the banks receive for there strategy this kind of type of entrance is in the most cases not good for the society because of 2 reason mainly such as?

      1 whenever the banks borrow capital to the ordinary citizens related to there household must the citizens return back the capital to the bank with the inflation that have happened inside the nation including in many cases the capital profit entrance that the bank wish to earn that is related to the capital that the bank have provided to the ordinary citizens.

      Because of this reason will the ordinary citizens that have borrowed the capital have less capital to consume and therefore will the consumption capability reduce on behalf of the citizens that will lead to the reduction of producers capability that will lead to fewer jobs in the society and this evil circle will affect almost ever segment of the society.

      2 whenever the banks borrow capital to the companies/industries must the companies/industries return back the capital to the bank with the inflation that have happened inside the nation including in many cases the capital profit entrance that the bank wish to earn that is related to the capital that the bank have provided to the companies/industries.

      The owner of the companies/industries have already made a calculation about the wishful profit that the owner has in mind in order to receive a capital profit that is related to the sell product that the companies/industries wish to succeed with because of this reason will the companies/industries increase the price tag of there products that will include capital profit entrance that the bank wish to earn that is related to the capital that the bank have provided to the companies/industries.

      Because of this reason will the inflation in the nation increase and in the same time in the most of the cases will not the salary of the employees increase at the same level as the inflation and because of this reason will the consumption capability of the citizens reduce that will effect the production capability of the companies/industries that will lead to fewer jobs in the society and this evil circle will affect almost ever segment of the society.

      Hence the solution to the negative economical development of USA is weary simple and it can only be achieved by the Central bank of USA Federal reserve.

      The solution is as quite!

      The Central bank of USA Federal reserve must Trick/Deceive the economical market of its nation in order to become successful with its goal in a way that nether more inflation is created and by the same time wide the consumption capability of the citizens.

      And in the same time give possibility to those citizens that have received an increased consumption capability to start there own smaller business and in the same time making sure that those already companies/industries that exists today will have the possibility to increase there productivity capability that will have a relation to the increased consumption capability that some of the citizens have received.

      This new economical Trick/Deceive structure do not have any wishes to end the previous structure namely the structure that is related to the Central bank of USA Federal reserve and its capital distribution to different kind of banks in order to crate competitive among this bank where they have the responsibility to borrow capital to the citizens or the companies/industries.

      No this new economical Trick/Deceive structure actually wish that the previous structure remain as it is after-all it will be the unseen cooperation between this to economical political structure that will develop the economy of USA into correct direction therefore what this new economical Trick/Deceive structure wish for is to have its own structure implemented along side with the previous structure.

      In what kind of way will this new economical Trick/Deceive structure look like?

      The population of USA is today 315 million.

      If we would include the citizens who will consume in such a way that this new economical Trick/Deceive structure wish them to consume shall we only include citizens who are between 18 to 67 years.

      Therefore will our target group that have a relation to the population reduce from 315 million to around 250 million citizens divided in different kind of states and city.

      What the structure of market Trick/Deceive have in mind is to make sure to increase the consumption capability of 7 % of the citizens who are among this 250 million in a period of time of 10 years with 1.5 million Dollars that shall be spend in a period of time of 10 years and in the same time in beforehand have declared there consumption direction in such a way that will ensure the increase of the productivity capability of the already company/industries that are existing today.

      The reason way only 7 % of the citizens who are among this 250 million in a period of time of 10 years should receive there consumption capability increased with 1.5 million Dollars in a period of time of 10 years is as quite.

      If every member of the society namely 250 million citizens would receive an increased consumption capability in a period of time of 10 years or even 7% of the citizens would receive the increased consumption capability at the same year would this structure only lead to a inflation in the society just because of the reason that the price of different kind of productivity is adopted after the consumption capability that the citizens of the society have.

      But when this new economical market Trick/Deceive structure divide the increase of the consumption capability of 7% of its citizens in a period of time of 10 years and in the same time give the correct direction where this 7% of the citizens should consume will it manage to Trick/Deceive the market in a way that inflation is not created or if it is created it will be weary limited.

      The structure of Trick/Deceive wish to provide to the 7% of the population of the target group 250 million with other words 17.5 million citizens will receive 1.5 million dollars each during the first 10 years that will lead that 1.75 million citizens will receive 1.5 million dollars each for every year of the period of time of 10 years.

      The way that this17.5 million citizens will receive 1.5 million dollars each during the first 10 years will be taken care of a institution that we shall cal for the Citizens Lottery.

      The institution of Citizen Lottery will receive its capital from the Central Bank and will distribute the 1.5 million dollars to the 1.75 million citizens of USA proportionally in relation to every state and city but Citizen Lottery should focus more on city that are densely populated.

      2 different kind of Tv channel must be created in order to enlighten the citizens about how this Citizen Lottery system will work and in the same time follow some of the winners in order to enlighten the citizens further.

      Every citizens that become the winner will receive a special made account that will distribute the capital that the citizen have received from the Citizen Lottery and in the same time direct the citizens to the direction where the citizens have the permission to use there current capital.

      For instance

      200 thousand should be distributed for food and restaurants during the 10 years.

      150 thousand should be distributed for cars and electronics during the 10 years

      50 thousand should be distributed for cloth during the 10 years.

      150 thousand should be distributed for traveling within the nation including the price of different kind of transport and hotel during the 10 years.

      450 thousand should be distributed to purchase housing during the 10 years

      500 thousand that is left can be used in 2 different kind of way

      1 the free will namely that the citizen have the permission to use the capital in what ever kind it wish for as long as it is within the nation.

      2 cooperating with the institution of Citizen Lottery.

      If the citizen chose NR 2 as a strategy to follow will the citizen receive for every 100 thousand that it does invest another 200 thousand.

      The result of this kind of conclusion will receive the citizen who wish to invest all of its 500 thousand in a new company/Industry another 1 million dollar from the institution of Citizen Lottery that will be in a different account with the supervision of the members of the institution of Citizen Lottery.

      The structure of market Trick/Deceive will only give permission to those citizens who have won the Citizen Lottery to spend there capital as long as they have jobs if in any case the citizen do not have job the institution of Trick/Deceive must find the citizen a job.

      If the institution of Trick/Deceive can not find any job for the citizen only during this kind of circumstances have the citizen the permission to spend the capital.

      If the institution of Trick/Deceive find the citizen a job and the citizen refuse to take the job then will not the citizen have the possibility to spend the capital.

      The citizen have not the permission to spend all of its capital at the same year only during a period of the first 7 years that is related to the 10 years.

      If the citizen do not succeed to spend the capital during the first 10 years will the citizen lose its possibility too spend the remaining capital.

      We are all aware about the subject that not all of the citizens who win the Citizen Lottery have the wish to become a entrepreneur but hopefully will 2 % or at least 1 % of the citizen wish to become a entrepreneur.

      If 1% out of the 17.5 million citizens become an entrepreneur we shall have 175000 new companies if only 50% of this new entrepreneur succeed will we have around 90.000 new entrepreneur and if we count in average that this 90.000 new entrepreneur succeed to hire 10 people each will this structure create 800 thousand new jobs.

      This 800 thousand new jobs will create a stronger consumption capability on behalf of the citizens that will make them to consume more from the producers and this positive circle will effect almost every segment of the society.

      In the same time when the consumption capability of 7 % of the citizens is increased during the 10 years related to the specific companies/industries market will the already company/industries that exist increase there productivity and by doing so more citizens will be hired and when more people are employed will more people have a stronger consumption capability and this positive circle will effect almost every segment of the society.

      Even those 90.000 thousand companies that have failed will affect the market in a positive way but only for a short time.

      Hence this was not a profound explanation related to the new Trick/Deceive economical structure

      AND LAST BUT NOT LEAST SHOULD USA ENSURE EVERY CITIZEN THAT BELONG TO ITS NATION WIT MEDICAL CARE AND SO SHOULD EVERY OTHER NATION AS LONG AS THEY HAVE THE POSSIBILITY TO DO SO.

    9. hhh  09/23/2012 01:46 PM Report

      ( The solution for a better economy for USA )

      The wise man always see thinks as they are

      Understand the reason of the subject way and how they are as they are

      In order to found a solution for the better.

      If the man doesn’t found a solution for the better than he is only a person who understand the situation as he understand it and can therefore never be counted as the most wise man

      The wise man always see thinks as they are before acting by choosing the better

      If he wouldn’t chose the better before his action is committed

      Than he would not be a wise man

      USA is aware about the subject that a nation is dependent on every citizen and every citizen is dependent on its nation therefore can this economical political structure that exists inside USA that have been the superior and most successful structure during the 20 century will never achieve the same success during the 21 century as it did during the 20 century, but there is methods that can be used today that have never been tested before related to this kind of economical political structure that USA have today that can make this structure much better but will never create a justified society for al of its citizens the only way to create a justified society is to change this economical political structure in much more profound way.

      But for now with the permission of the respectable readers I do wish to explain little more about the former namely the subject of methods that can be used today that have never been tested before……

      Today the Central bank of USA Federal reserve is distributing capital to different kind of banks in order to crate competitive environment among this bank where they have the responsibility to borrow capital to the citizens or the companies/industries.

      By borrowing capital to the citizens will the banks receive more capital in return related to the entrance that the banks will receive.

      The entrance that the banks receive is in many case the profit that the banks receive for there strategy this kind of type of entrance is in the most cases not good for the society because of 2 reason mainly such as?

      1 whenever the banks borrow capital to the ordinary citizens related to there household must the citizens return back the capital to the bank with the inflation that have happened inside the nation including in many cases the capital profit entrance that the bank wish to earn that is related to the capital that the bank have provided to the ordinary citizens.

      Because of this reason will the ordinary citizens that have borrowed the capital have less capital to consume and therefore will the consumption capability reduce on behalf of the citizens that will lead to the reduction of producers capability that will lead to fewer jobs in the society and this evil circle will affect almost ever segment of the society.

      2 whenever the banks borrow capital to the companies/industries must the companies/industries return back the capital to the bank with the inflation that have happened inside the nation including in many cases the capital profit entrance that the bank wish to earn that is related to the capital that the bank have provided to the companies/industries.

      The owner of the companies/industries have already made a calculation about the wishful profit that the owner has in mind in order to receive a capital profit that is related to the sell product that the companies/industries wish to succeed with because of this reason will the companies/industries increase the price tag of there products that will include capital profit entrance that the bank wish to earn that is related to the capital that the bank have provided to the companies/industries.

      Because of this reason will the inflation in the nation increase and in the same time in the most of the cases will not the salary of the employees increase at the same level as the inflation and because of this reason will the consumption capability of the citizens reduce that will effect the production capability of the companies/industries that will lead to fewer jobs in the society and this evil circle will affect almost ever segment of the society.

      Hence the solution to the negative economical development of USA is weary simple and it can only be achieved by the Central bank of USA Federal reserve.

      The solution is as quite!

      The Central bank of USA Federal reserve must Trick/Deceive the economical market of its nation in order to become successful with its goal in a way that nether more inflation is created and by the same time wide the consumption capability of the citizens.

      And in the same time give possibility to those citizens that have received an increased consumption capability to start there own smaller business and in the same time making sure that those already companies/industries that exists today will have the possibility to increase there productivity capability that will have a relation to the increased consumption capability that some of the citizens have received.

      This new economical Trick/Deceive structure do not have any wishes to end the previous structure namely the structure that is related to the Central bank of USA Federal reserve and its capital distribution to different kind of banks in order to crate competitive among this bank where they have the responsibility to borrow capital to the citizens or the companies/industries.

      No this new economical Trick/Deceive structure actually wish that the previous structure remain as it is after-all it will be the unseen cooperation between this to economical political structure that will develop the economy of USA into correct direction therefore what this new economical Trick/Deceive structure wish for is to have its own structure implemented along side with the previous structure.

      In what kind of way will this new economical Trick/Deceive structure look like?

      The population of USA is today 315 million.

      If we would include the citizens who will consume in such a way that this new economical Trick/Deceive structure wish them to consume shall we only include citizens who are between 18 to 67 years.

      Therefore will our target group that have a relation to the population reduce from 315 million to around 250 million citizens divided in different kind of states and city.

      What the structure of market Trick/Deceive have in mind is to make sure to increase the consumption capability of 7 % of the citizens who are among this 250 million in a period of time of 10 years with 1.5 million Dollars that shall be spend in a period of time of 10 years and in the same time in beforehand have declared there consumption direction in such a way that will ensure the increase of the productivity capability of the already company/industries that are existing today.

      The reason way only 7 % of the citizens who are among this 250 million in a period of time of 10 years should receive there consumption capability increased with 1.5 million Dollars in a period of time of 10 years is as quite.

      If every member of the society namely 250 million citizens would receive an increased consumption capability in a period of time of 10 years or even 7% of the citizens would receive the increased consumption capability at the same year would this structure only lead to a inflation in the society just because of the reason that the price of different kind of productivity is adopted after the consumption capability that the citizens of the society have.

      But when this new economical market Trick/Deceive structure divide the increase of the consumption capability of 7% of its citizens in a period of time of 10 years and in the same time give the correct direction where this 7% of the citizens should consume will it manage to Trick/Deceive the market in a way that inflation is not created or if it is created it will be weary limited.

      The structure of Trick/Deceive wish to provide to the 7% of the population of the target group 250 million with other words 17.5 million citizens will receive 1.5 million dollars each during the first 10 years that will lead that 1.75 million citizens will receive 1.5 million dollars each for every year of the period of time of 10 years.

      The way that this17.5 million citizens will receive 1.5 million dollars each during the first 10 years will be taken care of a institution that we shall cal for the Citizens Lottery.

      The institution of Citizen Lottery will receive its capital from the Central Bank and will distribute the 1.5 million dollars to the 1.75 million citizens of USA proportionally in relation to every state and city but Citizen Lottery should focus more on city that are densely populated.

      2 different kind of Tv channel must be created in order to enlighten the citizens about how this Citizen Lottery system will work and in the same time follow some of the winners in order to enlighten the citizens further.

      Every citizens that become the winner will receive a special made account that will distribute the capital that the citizen have received from the Citizen Lottery and in the same time direct the citizens to the direction where the citizens have the permission to use there current capital.

      For instance

      200 thousand should be distributed for food and restaurants during the 10 years.

      150 thousand should be distributed for cars and electronics during the 10 years

      50 thousand should be distributed for cloth during the 10 years.

      150 thousand should be distributed for traveling within the nation including the price of different kind of transport and hotel during the 10 years.

      450 thousand should be distributed to purchase housing during the 10 years

      500 thousand that is left can be used in 2 different kind of way

      1 the free will namely that the citizen have the permission to use the capital in what ever kind it wish for as long as it is within the nation.

      2 cooperating with the institution of Citizen Lottery.

      If the citizen chose NR 2 as a strategy to follow will the citizen receive for every 100 thousand that it does invest another 200 thousand.

      The result of this kind of conclusion will receive the citizen who wish to invest all of its 500 thousand in a new company/Industry another 1 million dollar from the institution of Citizen Lottery that will be in a different account with the supervision of the members of the institution of Citizen Lottery.

      The structure of market Trick/Deceive will only give permission to those citizens who have won the Citizen Lottery to spend there capital as long as they have jobs if in any case the citizen do not have job the institution of Trick/Deceive must find the citizen a job.

      If the institution of Trick/Deceive can not find any job for the citizen only during this kind of circumstances have the citizen the permission to spend the capital.

      If the institution of Trick/Deceive find the citizen a job and the citizen refuse to take the job then will not the citizen have the possibility to spend the capital.

      The citizen have not the permission to spend all of its capital at the same year only during a period of the first 7 years that is related to the 10 years.

      If the citizen do not succeed to spend the capital during the first 10 years will the citizen lose its possibility too spend the remaining capital.

      We are all aware about the subject that not all of the citizens who win the Citizen Lottery have the wish to become a entrepreneur but hopefully will 2 % or at least 1 % of the citizen wish to become a entrepreneur.

      If 1% out of the 17.5 million citizens become an entrepreneur we shall have 175000 new companies if only 50% of this new entrepreneur succeed will we have around 90.000 new entrepreneur and if we count in average that this 90.000 new entrepreneur succeed to hire 10 people each will this structure create 800 thousand new jobs.

      This 800 thousand new jobs will create a stronger consumption capability on behalf of the citizens that will make them to consume more from the producers and this positive circle will effect almost every segment of the society.

      In the same time when the consumption capability of 7 % of the citizens is increased during the 10 years related to the specific companies/industries market will the already company/industries that exist increase there productivity and by doing so more citizens will be hired and when more people are employed will more people have a stronger consumption capability and this positive circle will effect almost every segment of the society.

      Even those 90.000 thousand companies that have failed will affect the market in a positive way but only for a short time.

      Hence this was not a profound explanation related to the new Trick/Deceive economical structure

      AND LAST BUT NOT LEAST SHOULD USA ENSURE EVERY CITIZEN THAT BELONG TO ITS NATION WIT MEDICAL CARE AND SO SHOULD EVERY OTHER NATION AS LONG AS THEY HAVE THE POSSIBILITY TO DO SO.

    10. NeilMacCallister  09/22/2012 11:20 PM Report

      Charlie Rose, the Master at this tax-supported table, introduces tonight's guest as the author of a new book which imagines "a historic struggle between a democratic President and conservative justices".

      Which "democratic" President are you thinking of, Mr. Rose?? ..the one who says "If Congress does not write the immigration bill that I want, I will just write an order by myself!!!"

      Which "conservative justices" are you speaking of, Mr. Rose??? ..the ones who just declared it "okay" for the government to make promises to voters (..American investors!) which it KNOWS it can never repay???

      ***

      So, why did Bernie Madoff go to jail? ..but not Barack Obama for the same crime???

      Is it that the 20 million government "workers" are already a vested part of Barack Obama's Ponzi scheme? ...Is it the sheer number of those bodies which keeps Barack and the other millions of government porkers out of prison?

      Is it simply that it would be near impossible to build enough prisons to hold those 20 million more government thieves? -- In a nation where it is the government workers themselves who build those very prisons?? ..and who have total say in who gets incarcerated inside them???

      ***

      "Free Bernie Madoff!!!" .."Free Bernie Madoff!!!"

      Let him join Barack Obama in the highest office in America!!

      Wait a minute! ...with Bernie Madoff as Vice President, ..America might have someone with actual business acumen in the White House!

      We couldn't STAND that!!! ..could we???

    11. REMant  09/21/2012 12:16 PM Report

      Most ppl think of Citizens United as a question of whether corporations have the same rights as people. I've put forth the idea that corporations, like them or not, are our answer to an absent aristocracy, needed now that representation of the states in Congress has been usurped by changes in the election of senators, and that it retains necessary features of subsidiarity. But it seems such an idea has had little weight with Roberts, whose ideas, I believe, with Tribe, are more like John Marshall's.

      It should be noted that Toobin wrote scathingly about Robert's Obamacare opinion, calling it "tortuous logic" if I recall correctly. I thought the opinion extremely badly written and, of course, wrong. The Constitution does not give Congress unlimited authority to tax. A case is being prepared arguing that if Obamacare involves a tax, it should have originated in the House, rather than the Senate, which I imagine Roberts will not like to contemplate. There are several other problems with it as a tax, precedent notwithstanding, which I mentioned earlier.

      But I do think he has a point about Robert's reverence for the law. As I wrote last weekend concerning The Wash Post's review: "To put this somewhat differently, Roberts, like Marshall, has in mind to elevate the courts, and the legal system over the Congress, and the executive, as well, if necessary. He is not, however, a judicial activist, but rather simply a Tory [or more accurately a Court Whig], very much like the man who appointed him. It is not clear there is in the Constitution the power to stop that, unless the provisions regarding the judiciary are amended, and this has been recognized since Jefferson queried Madison about it. But as with Fed, where the illegality is clear, there seems to be no public will to do it and we continue to slide towards monarchy."

      Marshall identified contract with alienation, so that if one made one, such as he believed the public did in ratifying the Constitution, then the obligation could not subsequently be impaired. This he saw as the basis of common law, which by that time had moved beyond feudal obligations to include contract, and so he saw the Constitution as part of the evolution of commerce and society, not as immemorial usage or a fundamental agreement, which, unfortunately, we have come to expect from lawyers. It has its counterpart in Puritan projecting and Whig improving and reforming.

      There is also in this a continuation of the Hamilton-Morris view that the best form of govt is a balanced constitution, which they identified with England's constitutional monarchy, the Parliament serving more or less as an arm of the Exchequer and a superior court, the running of the country being done by the king and his courts without reference constitutions and legislation. But by the Revolution, Tories had been largely replaced by Court Whigs, like Burke. Both Jefferson and Madison believed the attempt to retain the common law the single most obnoxious feature of the Federalist design. And, of course, most of the celebrated early cases deal with the court's attempts to assert itself and control the legislatures. However, Morris opposed the impairment of contracts clause, and Chancellor Kent swears his friend Hamilton was a thorough-going republican. (I wrote more about this here on April 10, 2009 commenting on Cliff Sloan's The Great Decision.)

      So if Roberts is the activist and Obama the conservative, it is only because things have swung away from the executive and court, and towards Congress, a lot of which has had to do with the rise of legal realism. But with the president signing executive orders right and left, I suspect they must, nevertheless, share the reform spirit.

      Kennedy is more of a libertarian than Roberts, I'd say, so it really shouldn't have been too surprising he joined the minority.