I was absolutely delighted that Keith had Rodda on to discuss this topic.  When it comes to calling Barton out on his dreadful misrepresentations of American history, no one is better suited.

I had occasion to link to some of Rodda’s latest work in my July 8 Care2 post:

For much, much more regarding Barton’s crimes against history be sure to check out the extensive works ofTalk to Action blogger (and also at The Huffington Post) Chris Rodda, Senior Researcher for the Military Religious Freedom Foundation, and the author of Liars for Jesus:  The Religious Right’s Alternate Version of American History.  Rodda’s “No, Mr. Beck…” series is instructive for understanding Barton’s tactics; like misrepresenting the work of actual academics in order to suggest that the Constitution was based on the Book of Deuteronomy, or cropping a quote from John Adams in order to claim that the second American President thought “Governments must be administered by the holy ghost.”  (Sigh…)

Barton, clearly, has no shame.  And as you’ll see in the clip from the July 8 Countdown broadcast, he is in serious need of some fashion advice.  (I know… It’s a petty observation. But that  jacket is tragic.)

via Bob Cesca’s Awesome Blog! Go! Produced by Cesca for CollegeHumor.com.

For the most part the script for Elana Kagan’s appearance before the Senate Judiciary Committee had already been written.  Historian Joseph J. Ellis described the scene well nearly two months ahead of time:

These hearings have become highly partisan affairs over the past 30 years, and given the recent closed-ranks posture of the Republican opposition, we can expect all the sharp-edged political weapons to be deployed against the nominee. The chief weapon will be the claim that Supreme Court justices should interpret the Constitution as it was written, not impose their political or personal convictions on the semi-sacred text. Woe to the nominee who has left a paper trail that deviates from the original intentions of the Founders, or what a hostile Senate interrogator defines those intentions to be.

The RNC, for their part, telegraphed their Party’s intentions for the hearings in advance.  As noted at The Hill, May 10, Republicans on the Judiciary Committee would focus on Kagan’s DADT position at Harvard, and her 1993 speech before the Texas Law Review in honor of Justice Thurgood Marshall.

… She quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was “defective.”

Marshall cited in particular the definition in the original Constitution to slaves as representing three-fifths of “free Persons” when counting the nation’s population. That reference was rendered moot after the Civil War with the ratification of the 13th and 14th amendments abolishing slavery and granting full citizenship to all people born in the U.S.

True to form, the GOP contingent led by Sen. Jeff Sessions (R-AL) proceeded to frame Marshall as a “liberal activist” –   the same Justice Marshall whose work on behalf of the NAACP in 1954 helped facilitate the end of segregation, later serving as U.S. Solicitor General, elevated to the Supreme Court during the LBJ administration.

Interestingly, when asked later, Senators Sessions, Orrin Hatch (R-UT), and Tom Coburn (R-OK) were unable to list a single instance of “judicial activism” perpetrated by Marshall.  But their strategy wasn’t about making a sustainable legal argument; rather, Republican criticism of Marshall turned out to be yet another sounding of the dog whistle intended for their base who, apparently, lament the outcome of Brown v. Board of Education – Stay classy, GOP!

Fortunately Senator Al Franken (D-MN) was on hand to set the record straight on two counts.  Watch the below clip, snipped by firedoglake.com, as Franken elevates the term “judicial activist” out of the meaningless context in which it is so often used, successfully defending Marshall’s legacy in the process.

Within his assessment of the “Judiciary Committee Winners and Losers,” Harper’s Contributing Editor and legal expert Scott Horton highlighted Franken’s performance:

…I applaud Al Franken. Not only did he provide an alternative point of interest during slow points with his skillful doodling, Franken also proved himself an astute student of the Republicans. For years, they have used confirmation hearings to take their digs at their least favorite judges and judicial policies. Franken has responded in kind, taking a deep look at the Roberts court’s strange biases in favor of business and against labor and its innate hostility to business regulation. Who are those “activist judges” that Sessions complained about? Franken makes a persuasive case that they’re precisely the judges Sessions is so wild about: John Roberts, Sam Alito, Nino Scalia, and Clarence Thomas.

Post Updated Below – Obama Relieves McChrystal of his Post

In his June 23 “Special Comment” regarding Gen. Stanley McChrystal’s comments to Rolling Stone – over which, McChrystal reportedly intends to tender his resignation — the host of MSNBC‘s Countdown posited that President Obama should reject it:

…Sir, you should take General McChrystal’s resignation, and fold it up, and put it in your top drawer, and tell him that that is where it will remain, and that as of now you are not accepting it. Correct.

He tenders his resignation. You tell him to get back to Afghanistan because he’s not getting out of this morass he helped create, and tell him to make sure we get the surge troops withdrawn on time or faster if he can. And then, Sir, you sit back and watch the political world’s collective jaw drop.

Olbermann then lays down some history of presidents past and how they reacted when Generals Behave(d) Badly.

Uncertain if Obama should/will heed the advice, but Olbermann makes a persuasive argument.  Watch:

Visit msnbc.com for breaking news, world news, and news about the economy

Update via PoliticusUSA – President Obama Relieves General McChrystal of His Post:

McChrystal arrived at White House ready to tender his resignation Wednesday at 10:00 AM. At 1:15 PM, MSNBC announced that President Obama relieved General McChrystal of the Afghanistan war which McChrystal was commanding. MSNBC is reporting that General Petraeus has been chosen to replace General McChrystal as commander of the Afghanistan forces… (Read More)

Following Obama’s prime time address to the nation from the Oval Office, Jon Stewart offers us a reminder that energy independence has been a presidential priority for quite some time:

“Counting President Obama, he last eight presidents have gone on television and promised to move America towards an energy-independent future.”

Stewart’s hilarious, yet sad, commentary should serve as a reminder to us all:  Presidents can only lend rhetorical weight to the nation’s goals.  Without support from the electorate, they’re just words.