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The Only Thing Between Me and Your Throat is the Constitution

Above the Law is running this, too, but it is too startling to let go without a post.

Those who watched the State of the Union tonight saw something remarkable -- something you wouldn't pick up on just by reading the transcript of Obama's words regarding Citizens United:

It?s time to put strict limits on the contributions that lobbyists give to candidates for federal office. With all due deference to separation of powers, last week the Supreme Court reversed a century of law that I believe will open the floodgates for special interests ? including foreign corporations ? to spend without limit in our elections.

[Pause for applause.]

I don?t think that American elections should be bankrolled by America?s most powerful interests, or worse by foreign enemies; they should be decided by the American people. And I?d urge Democrats and Republicans to pass a bill that helps correct ? some of these problems.

Sounds pretty deferential, no? Now, watch the video and listen to the President's intonation:

Is that not the same tone of voice he uses to tell Sasha and Malia they can't eat all their Halloween candy on the first night?

The clip left me feeling incredibly uncomfortable. Watch Justice Alito straighten, shake his head, and then say "not true." Watch as he continues to shake his head while the audience gives a standing ovation, towering over the justices as they quietly sit and take it. If you have read the comments on the thread below, you know what I think about the decision. I think it was rightly decided as a matter of the First Amendment, but wrongly decided as a matter of stare decisis. The Roberts Court, as far as I am concerned, just lost any legitimate claim to deference or judicial restraint. I realize that is not why the crowd took to its feet and that's not why most people are disturbed by the Court's decision, but nevertheless, I find that clip gratifying and grating at the same time.

. . . not, "with all due deference to the Court's reasoning," and not "with all due deference to the Justices sitting before me," and not "with all due deference to opposing views" . . . but "with all due deference to the separation of powers." The only thing more blunt woud be if he had said, "you lie."

Full post as published by Nuts & Boalts on January 28, 2010 (boomark / email).