Law in Contemporary Society

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AdamCarlis-FirstPaper 39 - 04 Apr 2008 - Main.AdamCarlis
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Paper 1 Re-Redux - Starting again (again), seeking feedback (see diffs for background). Comments encouraged.

Writer's Note: Comments seems to be centered on my supposed support of Obama. Frankly, I find him impressive, but deeply disagree with him on numerous issues of paramount importance to me.

Please Note that this is a Very Early Draft

 

Combatting Obama's Creed

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-- By AdamCarlis - 30 Mar 2008
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-- By AdamCarlis - 4 April 2008
 
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A One-Way Race

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Early on, there was no Democratic primary. Hillary was running as the inevitable candidate; the one best positioned to beat the Republicans in the fall. Her creed was a simple promise to deliver what democrats most desired: a Democrat in the White House.
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Early on, there was no Democratic primary. Clinton was running as the inevitable candidate; the one best positioned to beat the Republicans in the fall. Her creed was a simple promise to deliver what democrats most desired: a Democrat in the White House.
 

The Emergence of Hope

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John Edwards and Barak Obama, however, changed the dynamic of the race. By speaking forcefully about change, they pushed Clinton onto the defensive. She pushed back, citing her experience and preparation for the job. For the first time, competing creeds emerged.
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John Edwards and Barak Obama, however, altered the dynamic of the race. By speaking forcefully about change, they pushed Clinton onto the defensive. She pushed back, citing her experience and preparation for the job. For the first time, competing creeds emerged.
 
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John Edwards would fight for change, championing the working class who, along with their unions, supported him in droves. That tent, however, wasn't big enough. While representing a sizable share of Democratic Primary voters, it alienated others. Moderates and the Wall Street crowd were turned off. Perhaps overestimating American’s animosity towards big business, Edward’s pitched a pop tent and not enough voters could fit inside.
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Edwards would fight for change, championing the working-class who, along with their unions, supported him in droves. That tent, however, wasn't big enough. While representing a sizable share of Democratic Primary voters, it alienated others. Moderates and the Wall Street crowd were turned off. Perhaps overestimating voter animosity towards big business, Edward’s pitched a pop tent and not enough voters could fit inside.
 
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Simultaneously, Obama pitched the biggest tent of them all. He campaigned for "one America" – a nation where divisions of political party, and, most strikingly, race become obsolete. Arguing that change comes from collaboration, he invited everyone in and promised reconciliation. Arnold himself couldn’t have created a broader, more appealing creed.
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Simultaneously, Obama pitched the biggest tent of them all. He campaigned for "one America" – a nation where divisions of political party, and, most strikingly, race are obsolete. Arguing that change comes from collaboration, he invited everyone in and promised reconciliation. Arnold himself couldn’t have created a broader, more appealing creed.
 
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The race became Obama’s "One America" against Hillary's predictable stewardship.
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The race became Obama’s "One America" against Clinton's predictable stewardship.
 

Obamamania

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One characteristic of Obama's campaign, highlighted by the media and exalted by his supporters, is that he somehow "transcends race." He is a black man who is not angry at white America, not demanding or confronting, but rather articulating a message of hope, unity, healing, and progress. His creates an opportunity for America to move past divisiveness. This message is both necessary to maintain the "One America" creed and what makes it desirable to a broad audience, particularly white voters looking for redemption from historic sins.
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One characteristic of Obama's campaign, highlighted by the media and exalted by his supporters, is that he somehow "transcends race." He is a black man who is not angry at white America. Instead of demanding and confronting, Obama articulates message of unity, healing, and progress. He purports to create an opportunity to move past divisiveness: a message that is both necessary to maintain the "One America" creed and what makes it desirable to a broad audience (particularly white voters looking for redemption from sin).
 

Misguided Attacks

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Clinton's early attempts to derail Obama were either too ambitious or misinterpreted and therefore failed to directly confront his popularity. Since they didn’t undermine his creed, they failed.
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Clinton's early attacks failed because they did not undermine the basic tenants of Obama's creed.
 
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First, Clinton tried to bring the whole tent down in one blow. She mocked Obama's creed, arguing that change and hope are just words, which, in the end, don’t get you very far. While perhaps true, the attacks played right into his argument that standing for change and unity, causes resentment by the status quo. Clinton asked voters enamored with hope to choose a steady hand and restrained expectations over a candidate promising the world. They chose Obama. Because her attacks failed to directly undermine the veracity of "One America," they were unsuccessful.
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First, Clinton tried to bring the whole tent down in one blow. She mocked Obama's creed, arguing that change and hope are just words, which, in the end, accomplish nothing. While perhaps true, this was like arguing that the wizard is just a man, without first pulling back the curtain. Her attacks played right into his argument that standing for change and unity causes resentment by the status quo. Because this attack failed to directly undermine the veracity of "One America," it was unsuccessful.
 
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Next, Clinton argued that she, too, represented change. While obviously true, Clinton had to take a back seat on the issue. Not only was she late to show, but the idea of electing a woman has thus far proven less appealing than the idea of moving beyond racial divisions. Our long history of racial animosity makes the idea of coming together and transcending prior divisions more powerful than a female president: the past and present animosity between men and women in this country and the pain associated with it just does not rise to same level in the minds of voters. While this attack slightly broadened Clinton's appeal, it, again, failed to undermine the basic premise of Obama’s creed and so didn’t undermine his campaign.
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Next, Clinton argued that she, too, represented change. While obviously true, Clinton had to take a back seat on the issue. Not only was she late to show, but the idea of electing a woman proved less appealing than moving beyond racial divisions. Our long history of racial animosity makes the idea of coming together and transcending prior divisions more powerful than a female president: the past and present animosity between men and women, and the pain associated with it, does not rise to the same level. While this attack slightly broadened Clinton's appeal, it, again, failed to undermine the basic premise of Obama’s creed and so didn't wound his campaign.
 

Holes in the Tent

Since Texas and Ohio, however, the Clinton campaign has done a better job undermining the tent posts supporting Obama's broad creed.

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First, Clinton publicly discussed Obama as a potential Vice President as if to say, "You can have 'change,' feel good about bridging the chasms that separate us, and still vote for me." Obama, sensing the damage that this would do to the central premise of his campaign, immediately rejected the VP job. Still, the seed was planted that perhaps Clinton could deliver on both her promises of leadership and Obama’s promises of "One America."

Second, the Clinton campaign directly poked a hole in the idea that Obama is someone above politics. Despite her own shady land deals, Clinton pushed the Tony Rezko story, arguing that Obama is part of the same political muck that plagues Washington. This is a perfect attack on Obama's creed with little cost to Clinton. She basically announced, "See, he is dirty like the rest of us!" This was an important move because it had the potential to change the way voter’s viewed Obama. Those in his tent because he represented a departure from politics as usual were left questioning whether Obama truly was what he said he was.

Recently, Clinton has shaken the very foundation of Obama's creed by questioning whether truly transcends race. By highlighting his pastor's divisive words, Clinton raised the question whether, deep down, Obama is actually an angry black man who can't look beyond race. For white voters, such a charge brings with it serious misgivings. No longer is Obama the fearless leader poised to move the country beyond its deep divisions. His campaign becomes, as Bill Clinton argued many weeks ago, in many ways indistinguishable from Jesse Jackson's. Without racial unity and reconciliation, "One America" quickly becomes many America’s again and the whole in the creed lets votes escape.

Too Little Too Late?

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First, Clinton publicly discussed Obama as a potential Vice President as if to say, "You can have 'change,' feel good about bridging the chasms that divide us, and still vote for me." Obama, sensing the damage that this would do to the central premise of his campaign, immediately rejected the VP job. Still, the seed was planted that perhaps Clinton could deliver on both her promises of leadership and Obama’s promises of "One America."
 
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The race isn't quite over. Obama seems to have stopped the bleeding. If he can get off the defensive, he has a great chance of winning the nomination. Recent endorsement by Casey and, perhaps more importantly, Richardson, should re-entrench the idea that his appeal crosses racial lines. Regardless, the battle between these two politicians, with similar politics, but quite different politicking, has given us some insight into what it takes to cobble together and maintain a creed sufficiently broad enough to win an election.
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Second, the Clinton campaign directly poked a hole in the idea that Obama is someone above politics. Despite her own shady land deals, Clinton pushed the Tony Rezko story, arguing that Obama is part of the same political muck that plagues Washington. This is a perfect attack on Obama's creed with little cost to Clinton. She basically announced, "See, he is dirty like the rest of us!" This was an important move because it had the potential to change the way voter’s viewed Obama. His supporters enamored with a departure from politics as usual were left questioning whether Obama was what he said he was.
 
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Recently, Clinton has shaken the very foundation of Obama's creed by questioning whether he transcends race. By highlighting his pastor's divisive words, Clinton raised the question whether, deep down, Obama is actually an angry black man, poised to spill the secret shame of racism in this country. For white voters, such a charge brought serious misgivings. No longer is Obama the fearless leader who will move the country beyond its deep divisions. Instead, if her attack works, his campaign will become, as Bill Clinton argued many weeks ago, in many ways indistinguishable from Jesse Jackson's. Without racial unity and reconciliation, "One America" quickly becomes many America’s again and the whole in the creed lets votes escape.
 
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- I think this might be moving in a better direction than your last paper. I think part of the danger with your topic is making it seem as if candidates are conspiring to put forth a racist argument. Obviously that's not only an inelegant summary of your point, but, well, not a summary of your point, since you make clear that you don't think any of this is (probably) some sort of evil master plan to play the race card. In any case, what I'm trying to say is that I think your paper rests on safer ground when it looks at what the voters are hearing, not what the candidates are trying to make the voters hear. Do other people agree?
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It is too early to tell whether Obama’s speech on race and subsequent campaigning mitigated the damage done by Clinton’s attack. The very fact that he give such a speech indicates that the campaign felt a major reaffirmation of the creed was necessary.
 
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Also, interesting sidenote: Clinton's "ready on day one" spiel? Allegedly stolen from McCain? 's website. -Amanda
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Endgame

 
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  • I really appreciate it, Amanda ... what do you think of the new draft? -- AdamCarlis 26 Feb 2008
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While Obama remains strong, Clinton has found a way to hurt him. The Richardson and Casey endorsements may re-entrench the idea that his appeal crosses racial lines, but the question remains whether Clinton has enough ammunition to take Obama out. If so, we now know she can capably pull the trigger.
 
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  • I agree with Amanda, that you're focusing on "what the voters are hearing, not what the candidates are trying to make the voters hear." I also agree that arguing that folks are "conspiring to put forth a racist argument" comes dangerously close to mind reading. We law students lack the psychological sophistication to find subliminal mens rea, even in words spoken by politicians. We can only read the rhetoric that folks put forth, i.e. "what the voters are hearing," and take it at its word. -- AndrewGradman - 22 Mar 2008
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Regardless, the battle between these two politicians with similar politics, but quite different politicking, has given us insight into what it takes to cobble together and maintain a sufficiently broad creed.
 
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[Adam, be patient for my sake -- I'll keep editing this critique because it forces me to re-evaluate my own writing -- I know I'm making all the same mistakes I claim that you do. -andrew]

It looks like you think 1) that one of Obama's weaknesses is that "inexperience" is an epithet, and 2) that it's hard for Obama to refute that epithet; but it also looks like you want to patch up Obama's weaknesses. It's okay to blend editorial and journalism in one document, but it looks like you're trying to hide that you're doing so:

  • Although you SHOW that you have certain opinions (e.g. vote for Obama (implied)/certain people who don't are evil (stated)) you never TELL us this.
  • Although you SHOW that you use "inexperience" to mean two different things (how most people arrive at calling Obama "inexperienced", versus how you do), you never TELL us this.
  • Although you distinguish between inexperience as a datum, a thing seen and attested to, versus "inexperience" as a synonym for "QED," i.e. appearing after a list of things relevant to experiences that we take for granted (e.g. citing a poll in which General Election call Obama "inexperienced," versus listing "experiences" McCain has that Obama lacks), you never tell us which is which.
  • Although you present both "objective" facts and "subjective" beliefs, you never defend a mechanism for distinguishing between the two.
    • examples: Given his thin resume/being viewed as inexperienced is a handicap/voters' anxiety regarding his readiness to govern/Because of the perceived inexperience and subsequent failures of the Bush administration ... the public wants/general election voters cite "inexperienced" as the word that best describes him/Obama is poorly positioned to [convince Americans that he has sufficient relevant experience, because 1. his resume has few experiences, 2. outside the resume, he doesn't remind people of an "experienced politician", 3. the media remind us of these facts/opinions]
  • You seem to be saying that when the public calls Obama "inexperienced," their reasoning is hopelessly subjective, i.e. unaccountable, i.e. vulnerable to abuse, i.e. mingled with race. But in posing as value-neutral, you miss the chance to "objectively" characterize Obama's experience level as appropriate to the presidency.
    • You might tell us: why aren't you put off by Obama's lack of experience? Why do we consider what McCain has "experience"? If Clinton has experience, and it's so different from McCain's, why can't Obama be experienced in a way different from McCain's as well? In other words: take one step back and tell us why can't we defend Obama's on experience grounds to those who criticize him on experience grounds.
      • I suspect it's because all our information comes from identical outlets, so we can only account for our disagreements as differences in subjective preferences. Perhaps you could open up a wedge in which to redefine Obama, if you can characterize those outlets as biased or wrong. (Acknowledged: you do criticize the media and McCain's tactics.) But question-begging enters here too, because you are claiming to see bias that others can't. I suppose you'd want to portray yourself as somehow detached, which is hard to do, since you're clearly defending Obama.

It will always end in question-begging, because you're trying to characterize people who cite inexperience for not voting for Obama, by comparing them to people who are voting for Obama despite his inexperience; and yet the pro-Obama person you identify is yourself. Your essay is like a follow-up question to that poll of general-election voters: "What word do you think people who openly characterize Obama as "inexperienced" would use if they weren't afraid to be called racists?" I agree with you that a large proportion of people who answered "inexperienced" to the first question would probably answer "black" to the second. But I wouldn't call that racism: you and I both just did it.
-- AndrewGradman - 21 Mar 2008

  • Andrew, I appreciate your comments. I would love to hear your thoughts on the next round. --Main.AdamCarlis - 24 Mar 2008
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