Constitutional Law

Gross Hypocrisy Is No Longer A Political Sin, And Other Reflections On A Year Gone By

It’s Tyler Broker’s one-year anniversary here at Above The Law, so he felt compelled to take some perspective.

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In my first column at Above The Law a year ago, I chose to discuss the failures of principled consistency. I felt it necessary to begin a column that focused primarily on civil liberties to discuss whether consistent application of an enumerated set of deals is even possible. As was the case a year ago, I must admit there is not much evidence to support the notion.

I mean think about it, four years ago Republicans were accusing Democrat president Barack Obama, without a shred of evidence of course, of initiating an armed coup against the state of Texas. These were not just hyperbolic accusations either. Texas Governor Doug Abbot ordered the Texas State Guard to monitor the routine federal military exercises. Yet this same Republican party is now trying to claim this president is being treated unfairly because of things like, and I am not kidding, that people won’t agree the president never lies.

Most of the time I must admit I don’t even know how to respond to the supporters of this current president. What could I even say to a group of people who continue to claim this guy is all about “America first” despite the clear and unambiguous report by his administration’s DOJ that he welcomed illegal acts committed by our top foreign adversary against fellow Americans? How does the supposed party of law and order expect my respect, much less my vote, when they excuse this president illegally obstructing the investigation into a hostile foreign power’s crimes?

I understand that no party or person is likely going to live up perfectly to a set of ideals, I also understand that terrible leadership is “as American as apple pie.” In fact, gross hypocrisy is an original American feature. For example, at the same time the framers were demanding “freedom” from oppression, they themselves kept millions upon millions of African Americans in ghastly bondage.

I know all this, yet I continue trudge on with my belief that principled consistency is not only possible, but ideal. In the past year, I have tried my best to call out the threats and violations to civil liberties as I see them, regardless of which party or which person is behind them. I am still here writing, so I guess all I can say is thank you to everyone who reads my stuff, and cheers to another year of trying to be consistent. I’ll end with some other personal reflections from my first year at ATL:

• The Mueller report was a heavy f*cking lift.
• Criticizing religion has gotten me the worst/weirdest emails from readers. But my experience is nothing compared to what people like Elie Mystal go through.

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• My favorite writer on civil liberties is Radley Balko.
• The Fourth Amendment exists in name only.
• Violence is decreasing, not increasing my hysteria prone fellow Americans.
• The Drug War is a catastrophic, bigoted, expensive, ineffective failure.
• Socialism, including the fear of socialism, is irrelevant.

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• Gun laws are destructive, arbitrarily or bigotedly enforced, and ineffective.
• And finally… SEAN MILLER WAS INNOCENT! SUCK IT, LYING-ASS ESPN!

Tyler Broker’s work has been published in the Gonzaga Law Review, the Albany Law Review, and is forthcoming in the University of Memphis Law Review. Feel free to email him or follow him on Twitter to discuss his column.

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