Comments on: Cass Sunstein at Volokh

By: Jonathan Goldberg

Jonathan Goldberg — Wed, 23 Jun 2004 23:20:01 +0000

Hoping this is not OT: I read Sunstein’s piece as an implicit endorsement of my favorite school of Constitutional interpretation, which I adopted from Gary Wills. This holds that the Constitution was changed by the events of the 30s, as it had been before by the events and Amendments of the Civil War. Before the 30s, the Federal Government did not have a Constitutional mandate to exercise more or less detailed control over the economy; afterwards, it did. This, of course, involves a rejection of the original intent school. Since my knowledge of Constitutional Law is nill, I wonder if someone more informed might comment about the existance and/or validity of this interpretation (both of the Constitution and of Sunstein’s piece).

By: DJW

DJW — Wed, 23 Jun 2004 22:39:17 +0000

Why whine about tone? Why not argue substance? Did anyone serious—left or right—not notice what a serious decline in quality the right coasters were? Kieran, I believe, demonstrated just how embarrassing one of the right coast posts was—why not actually respond with substantive arguments if you disagree?

By: Matt Weiner

Matt Weiner — Wed, 23 Jun 2004 22:36:31 +0000

Thorley, It is rather rich that you are now complaining about discourteous treatment. I’ve never outed an anonymous commentor. Really, if you don’t like Crooked Timber, you are free to stop reading. I for one would feel no loss (as I would if several other of the conservative commentors went away).

By: Alaska Jack

Alaska Jack — Wed, 23 Jun 2004 22:29:28 +0000

“What a coup for the Volokhs and what an improvement in the class of their guest-bloggers!” Chris, I’m curious: At any time while typing the above statement, did it occur to you that if YOU had any class, you wouldn’t post it? – Alaska Jack

By: q

Wed, 23 Jun 2004 21:45:23 +0000

I think that this initial post by Henry with a dig at “an improvement in the class of their guest-bloggers” was pretty clearly a swipe at Volokh’s past guest bloggers which is what inspired my initial response. Thorley- If it was such “a swipe”, what is your objection to making what “was pretty clearly a swipe”?

By: Thorley Winston

Thorley Winston — Wed, 23 Jun 2004 20:59:35 +0000

Q, I think that this initial post by Henry with a dig at “an improvement in the class of their guest-bloggers” was pretty clearly a swipe at Volokh’s past guest bloggers which is what inspired my initial response. There were also some attacks on David Bernstein’s posts regarding Amnesty International that distorted his initial comments regarding AI’s politicization (I cannot remember which if the Timberites did this). I have also noticed that a tendency to go after other bloggers like Daniel Drezner by distorting things that he or others have said in order to make a snide remark rather than a constructive and intellectually-honest counter-argument. Those are the ones that come to mind.

By: q

Wed, 23 Jun 2004 20:49:18 +0000

Less snarking about what other bloggers are or are not doing would be a good start Thorley- Can you expand on what you mean by snarking?

By: Thorley Winston

Thorley Winston — Wed, 23 Jun 2004 20:49:02 +0000

Matt Weiner, Thank you for helping to prove my point.

By: Matt Weiner

Matt Weiner — Wed, 23 Jun 2004 20:31:58 +0000

Thorley—Why don’t you bug off, then?

By: Thorley Winston

Thorley Winston — Wed, 23 Jun 2004 20:28:41 +0000

Henry, You could probably start by improving the quality of your initial postings. Less snarking about what other bloggers are or are not doing would be a good start as it makes your own look rather petulant and invites comments from your readers pointing out the obvious defects in your own. I do think it’s rather telling that the two major right-of-center group blogs (Volokh and Winds of Change) have each shown a willingness to embrace contrary POV’s by inviting or having regular left-of-center guest bloggers whilst CT is pretty much stuck being an echo chamber. This lack of any sort of intellectual diversity is IMO is at least partially why the quality of so many of the posts and your arguments have deteriorated.

By: Philip

Philip — Wed, 23 Jun 2004 19:33:27 +0000

Henry: Why, public works bridge-building, of course!

By: Henry

Henry — Wed, 23 Jun 2004 19:19:28 +0000

Well I suppose when you’re confident enough in the power of your ideas, you can invite guest-bloggers with a contrary opinion like Volokh does. When you don’t, you have to keep them pretty much uniform like Crooked Timber. Thorley – thanks for the useful suggestion. Do you have any insights on how we might improve the unfortunately quite lamentable quality of our trolls? Personally speaking, I think we’d find that even more helpful.

By: Thorley Winston

Thorley Winston — Wed, 23 Jun 2004 18:38:44 +0000

What a coup for the Volokhs and what an improvement in the class of their guest-bloggers!

Well I suppose when you’re confident enough in the power of your ideas, you can invite guest-bloggers with a contrary opinion like Volokh does. When you don’t, you have to keep them pretty much uniform like Crooked Timber.

By: Ophelia Benson

Ophelia Benson — Wed, 23 Jun 2004 18:18:35 +0000

You guys should get Martha Nussbaum to guest-blog then. That would be good.

By: Henry

Henry — Wed, 23 Jun 2004 15:04:09 +0000

And he’s the commenter on the blogging panel that Dan Drezner and I are organizing at APSA - I reckon this is a takeover.