Donde esta Código Rosa? Los ACLU?

Some wag once said that the lowest form of punditry is to say, “imagine if a republican president were to do that.”

Here’s VDH in Obama’s Postmodern Vision:

There has been for months a popular parlor game of tallying instances in which President Obama seems to have either ignored or simply bypassed federal law. But what started out as a way of exposing occasional hypocrisy is now getting a little scary

Every administration, of course, has constitutional disputes with Congress, the courts, and the public over the exact limits of its power. But in the case of the Obama administration there is a new sort of lawlessness unseen in recent governments. Is that predictable or surprising, given Obama’s own constant references to himself as a former constitutional scholar and community organizer?

Both as a state legislator and as a U.S. senator, Obama blasted as unconstitutional or abuses of presidential power almost all of the Bush-Cheney anti-terrorism protocols — Guantanamo, renditions, military tribunals, preventive detention, the Patriot Act — which as president he later embraced or expanded. Apparently, Obama’s own status as an out-of-power senator or an in-power president, and the degree to which such issues were or were not politically useful to his larger agenda, alone determined whether something like renditions or military tribunals was lawful.

Other than the normal explanations of abject hypocrisy and political expediency, why has the Obama administration shown such a disdain for the integrity of the law? In a word, Obama is a postmodernist. That is a trendy word for someone who leaves academia believing that there are not really absolute facts, but merely competing ideas and discourses. In this view, particular ideologies unfortunately gain credibility as establishment icons only from the relative advantage that arises from race, class, and gender biases.

In postmodern jurisprudence, “critical legal theory” postulates that law and politics are inseparable. Those with power call their self-serving rules “the law.” But “laws” are not sacrosanct. Instead, they are mere embedded reflections of wealthy, white, and male privilege — dressed up in some bogus timeless concept of “justice.”

A few critical and progressive minds among the legal technocracy have the ability to spot these fictions. And thus a Barack Obama or an Eric Holder has a duty on our behalf to use his training to make the necessary corrections, even if the rest of us don’t quite fathom what is going on.

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