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Ken Blackwell

Ken Blackwell

Posted: June 20, 2010 11:10 PM

Markets and Morals

What's Your Reaction:

There's an old joke about a Transylvanian cookbook. The recipe for an omelet starts off with this: "First, steal two eggs." If that note really appeared in some country's cookbook, don't look for constitutional government or a free market system to arise there anytime soon. That's because democracy is not something you can just plant, like shaking seeds out of an envelope.

Americans were blessed to have extensive experience of self-government when we made our bid for independence in the 1770s. And Americans at that time -- all the most thoughtful ones at least -- recognized the profound contradiction that human bondage represented. It was difficult to assert on the one hand that all government "derives its just powers from the consent of the governed" while holding millions of human beings as slaves. Amid many blessings, slavery was held to be a curse. It took another eighty years and fratricidal Civil War before those contradictions were resolved.

A free market can do many things efficiently and justly, but the free market is perverted when it treats humans as objects. Thus, almost all people recognize that slavery and international sex trafficking are wrong. Our laws protect artistic expression, but we demand strict enforcement of laws against child pornography. Such illicit trade cannot be honored as a part of legitimate commerce.

We already know something of the unusual ideas of human rights and commerce held by U.S. Solicitor General, Elena Kagan. Kagan has been nominated by President Obama to succeed the retiring Justice John Paul Stevens. Kagan also served in the Clinton White House, where she left an extensive paper trail of documented opinions.

Most interesting, perhaps, is Kagan's support for cloning human beings. Clinton Library documents show that she opposed any effort by Congress to prevent human beings from being cloned specifically to create embryos that would be experimented upon, then killed. Gallup recently reported that 88% of Americans oppose cloning human beings. Kagan does not.

We also know, from her record as Solicitor General in the Obama administration, that there are circumstances in which Elena Kagan would vote to ban political books. President Obama famously attacked the Supreme Court -- while its members sat robed before him -- during his first State of the Union Address last January. He attacked the Court for its ruling in the case of Citizens United v. Federal Election Commission. The president said, incorrectly, that that ruling permitted corporations to contribute directly to political campaigns and would allow foreigners to come in and influence our elections.

What the Citizens United case did say was that unions and companies, and non-profit associations, do not lose their First Amendment rights to speak on public issues just because an election is less than sixty days away. In fact, the Supreme Court found, during election campaigns was the very time when political communication among citizens was most important.

At issue was a film produced by Citizens United that attacked the public record of Hillary Clinton. The McCain-Feingold law says that such communications are unlawful contributions.

Kagan was asked if, instead of making a movie, Citizens United had published a book criticizing Hillary Clinton and it hit the stands less than sixty days before an election? Could the government ban that book? Yes, she said, representing the Obama administration. Ed Whelan, writing for National Review Online, pointed to the bizarre consequences of Kagan's reasoning:

As Chief Justice Roberts pointed out, the theory of the First Amendment advocated by Kagan on behalf of the Obama administration "would empower the Government to prohibit newspapers from running editorials or opinion pieces supporting or opposing candidates for office, so long as the newspapers were owned by corporations -- as the major ones are."

Here we can clearly see that the kind of disregard for human rights Kagan denied in her advocacy of cloning human beings extends to property rights and to suppression of free speech. All our Bill of Rights guarantees -- including freedom of speech and assembly -- can only be safe in a constitutional order that respects human life. We must stand for free markets, but those free markets themselves are supported by respect for those inalienable rights with which we are endowed by our Creator. When those rights are denied by government, destructive forces are unleashed against free markets as well.

 
 
 
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HUFFPOST SUPER USER
guitargeorge1964
Independent!!!
08:45 AM on 07/07/2010
People like Blackwell really interest me. How does someone make that leap? Kagan is for "cloning"??? really? And that somehow has influenced her opposition to Citizens United? These people just throw everything at the wall and hope some of it sticks, no matter how ridiculous.
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HUFFPOST SUPER USER
varro
02:18 PM on 07/06/2010
It's interesting that Mr. Blackwell mentions theft in the first paragraph, since he was complicit in the Dick Cheney/George W. Bush theft of the 2004 presidential election.

Mr. Blackwell was behind the disenfranchisement of valid voters casting provisional ballots at different precincts, attempting to disallow voter registration through forms published in the Cleveland Plain Dealer newspaper because of the "wrong paper stock", and making sure that Republic Party areas had plenty of voting machines, while Democratic areas like Cleveland and Kenyon College had insufficient numbers of voting machines, making would-be voters wait outside for hours in inclement weather (Cleveland - 60 degrees, 0.67 inches of rain, average 16 mph winds; Columbus - 57 degrees, 0.28 inches of wain, max sustained winds 21 mph).

A good source of how Blackwell helped steal Ohio: http://harpers.org/archive/2005/08/0080696
09:41 AM on 06/23/2010
Unfortunately, the SCOTUS had to rule for Citizen's United because the case lumped unions and non-profit groups in with corporations. Otherwise, it would have violated "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" from the First Amendment to the Constitution.
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kimbanyc
LIBERAL NY DEMOCRAT
08:36 PM on 06/21/2010
Ken Blackwell hits all the current GOBP methodology. First he misrepresents her position after the usual rantings about the 1770's and the Consttuion. Seriously do we need to run everything in modern life through the narrow prism af a right wingers misconception about Christianity. And even wraps his lunacy up in the neat word set "Here we can clearly see that the kind of disregard for human rights Kagan denied in her advocacy of cloning human beings extends to property rights and to suppression of free speech" So he also extends his fibs in a way to let us know it's the free markets that rule blah, blah blah. We must vote these people out. If not now when/
05:56 PM on 06/21/2010
I wish your article had had a focus. Unfortunately it's hard to say what it's not about. But your disapproval is certainly evident.
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MajorKong
If the pilot's good, see, I mean if he's reeeally
04:26 PM on 06/21/2010
"That's because democracy is not something you can just plant, like shaking seeds out of an envelope."

But you sure seem to think it can forced on other countries at gunpoint.
03:58 PM on 06/21/2010
Kagan's support for cloning human beings. Clinton Library documents show that she opposed any effort by Congress to prevent human beings from being cloned specifically to create embryos that would be experimented upon, then killed
-Blackwell

Give me a break, why does the huffingtonpost let this guy lie in an article?
Ok Mr. Blackwell here its goes,

just like dough is not bread is the way kagan supports "human cloning" she is for celluarmitosis
having cells/not humans begin to divide and then taking that material out of its nuclei to do STEM CELL research. Just like dough before being baked is not bread is in every bit as much the way Cells are NOT PEOPLE. Im sorry your religion tells you to treat them as such, but she is no more for human "cloning and killing" then you are for undercooked birthday cake. So either read up on what the hell you are talking about, or stop misleading the readers by spieces aguments that in know way have anything to do with truth.
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HUFFPOST SUPER USER
guitargeorge1964
Independent!!!
08:49 AM on 07/07/2010
I don't think his misrepresentation comes from a lack of understanding of the subject. He's playing to his base and understands that they are not going to challenge anything that backs their beliefs that Democrats are anti-everything they believe in.
03:37 PM on 06/21/2010
More lies from Blackwell, not that this is unusual.

Kagan urged the WH to back a ban on reproductinve cloning but to encourage Congress to ok cloning embryotic tissue. In other words, to ban the possibility that a real life human being might someday be cloned, but to allow science to develop, say, a cloned liver or pancreas that would exactly match the host in order to perform a perfect, rejection-free transplant. Ken loved to twist the facts.

As for criticism of the Citizens United ruling, this is about as close to advocating restricting a "person's" 1st Amendment rights as getting BP to pay for the spill is a restriction on a person's right to fairly earn a profit.... after all, as a corporation BP is also considered a living entity. The supreme court'sdecision was asinine, and Obama was right to call out the conservative judges who inked the majority decision.

Why in the world does Huffpo include this guy's posts? Is there really that significant a dearth of conservative intellect? Where are the William Buckley's of the world?
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HUFFPOST SUPER USER
Skeptical Patriot
02:28 PM on 06/21/2010
I still have no idea where Kagan stands but if this is entirety of concerns around here record, it's hardly a smoking gun. It strikes me that the ridiculous part of the nomination process is the refusal to answer how one would vote on a particular case. As a practiced jurist, each of these cases has a deep paper trail and understanding how a person would react to a set of facts seems natural. The candidate could get a list of cases that they should be proficient on and then give their opinion. This should not be about playing "gotcha" nor should we be appointing people that we have no idea how they will make decisions.
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HUFFPOST SUPER USER
guitargeorge1964
Independent!!!
09:00 AM on 07/07/2010
As long as they were hypothetical and generic. I was listening to the questioning of Kagan by the Senate while working at my desk those 2 days. For the most part the Senators were asking her very specific questions about actual cases which were either coming up, currently in front of, or probably will come before the Supreme Court. How is she going to give a verdict without listening to the arguments, reading the testimony, and examining the evidence? It didn't seem to me that the refusal to answer was ridiculous, it seemed to me the questions were ridiculous.
And about "gotcha". How many times have you heard it repeated already that Kagan said that "The Government says they can tell us what to eat"? My right wing friends are passing that right along on Facebook and email. But I heard the exchange between Coburn and Kagen. I invite you to read the transcripts online. Coburn gave her the scenario that Congress passed a law saying that people HAD to eat 3 vegetables and 3 fruits a day. Her first response was that "That's a pretty dumb law". Then she went on to say that it's not up to the courts to reverse every dumb law. That got turned in to "Kagan says the govt can tell us what to eat!" It's like a village of idiots is deciding our future.
02:21 PM on 06/21/2010
Hey, Ken...

By "morals", do you mean "purging poor blacks from the voting rolls in Ohio in 2004"?

Why is this guy here?
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HUFFPOST SUPER USER
Doug Watt
Not ready for 2012
02:57 PM on 06/21/2010
Heh, good question. He has about as much credibility as Dick Cheney.
04:31 PM on 06/21/2010
Or Dick Armey. Or any other "Dick"...
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HUFFPOST COMMUNITY MODERATOR
dwillisno1
Learning to Butt Heads Without Being Buttheads
01:53 PM on 06/21/2010
Someone at huff must have lost a bet to even consider this guy for any meaningful contibution to the blog.
jhNY
Mercy.
01:19 PM on 06/21/2010
"There's an old joke about a Transylvanian cookbook. The recipe for an omelet starts off with this: "First, steal two eggs." Funny stuff, only I heard it about another ethnic group altogether way back in the old days when I grew up in Tennessee.

Aren't there alot of Gypsies that hail from Transylvania, or used to? Didn't Hitler kill every Gypsy he could catch in his death camps? Doesn't that make Ken's little opener a tad bit horrible?
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HUFFPOST COMMUNITY MODERATOR
dwillisno1
Learning to Butt Heads Without Being Buttheads
12:53 PM on 06/21/2010
So by your interpretation, this article is an "attack' on Ms Kagan. The President's comments on the "Decision" made by the SOTUS was neither an attack or an attack on the Court! The fact that Ms Kagan is not in complete agreement with all that I believe does not make her unqualified for me. Nor do I attack her views that differ with me as "unusual" Again by your definitions, you are "unusual" indeed! I suggest that you "honest up" and declare that you oppose her for ideological and partisan reasons and quit trying to impugn her character and trying to make her seem unusual. Your party has more than its fair share of unusual people, along with your own unusual view of how to run elections.
12:09 PM on 06/21/2010
Obama had the chance to put a balancing, liberal and progressive judge on the supreme court. Instead, he picked someone who is "middle of the road".

It makes me think of the disdain my mother had for getting a "C" in school. She told me, "I'd rather you get an F than fake it!"

I detest these triangulators, cut in the same cloth as Clinton and Rahm and Reid, and yes, Obama. They are responsible for the worst betrayal of supporters and principles in the history of this country.

The right always gets their right-wing leaders to keep moving towards the batshit crazy. The left can't get shit. When do we get the socialist we've been endlessly and breathlessly warned about?
12:15 PM on 06/21/2010
By the way, I think Ken Blackwell should be in jail. Still. Forever.

Screwing with elections should be punishable by life sentence with added public ridicule, like the stocks. Bring back the stocks! I got my molding veggies and fruit ready!
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HUFFPOST SUPER USER
Doug Watt
Not ready for 2012
02:59 PM on 06/21/2010
I could not agree more.
11:58 AM on 06/21/2010
I'm not sure at ALL how you made a *logical* connection between slavery and the Citizens United ruling...not at all. And how, exactly, does the "free market" respect human life? And if we have inalienable rights bestowed upon us by our "creator", then wouldn't that mean that regardless of what government does, we'd still have those rights? This article makes no sense to me.
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Marlyn
Always wrong, but never in doubt.
03:20 PM on 06/21/2010
"This article makes no sense to me."

Me neither.