The Roots of Progressivism Lie in . . . the Republican Party?

Tonight, when President Barack Obama delivers his third State of the Union address, he is widely expected to channel the progressive rhetoric of Theodore Roosevelt. It was Roosevelt’s “New Nationalism” speech in 1910 (quoted in my previous post here) that called for the federal government to play an active role in regulating the economy. When he speaks to the nation tonight, President Obama is likely to push back against the demand to shrink the federal government – a common refrain among the current crop of Republican presidential candidates — by pointing to Theodore Roosevelt’s call for an active federal government.

It is certainly true that, in his “New Nationalism” speech, Theodore Roosevelt developed the theme that elite special interests had come to dominate government at all levels, thereby turning government into a tool for their own narrow purposes. President Obama is hoping that a return to this theme will resonate with voters today. However, while the connection between President Obama and Theodore Roosevelt has been widely reported, few commentators have recognized that these same ideas actually can be traced back to an earlier Republican president . . . Abraham Lincoln.

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Pop Culture and Ideology

It’s common to assume American popular culture leads only to mindless escape, but in a recent speech to Communist Party officials President Hu Juntao of China warned that American popular culture might have a much more dangerous effect. He noted that Transformers 3 was a top-grossing film in China and also that the songs of Lady Gaga were as popular as those of any Chinese singer. Hu suggested the United States and other nations are westernizing and dividing China as he spoke and pop cultural works were weapons in this onslaught. Hu urged the Chinese to understand the seriousness of the struggle for Chinese cultural integrity and to always “sound the alarms and remain vigilant.”

Perhaps Hu is exaggerating the dangers, especially with regard to the fundamental aspects of Chinese culture. It’s hard to imagine Transformers 3 doing much damage to Confucian ethics or the Chinese sense of community and solidarity. However, Hu is correct when he suggests popular culture can and routinely does promote certain values and modes of behavior. It is highly normative. Popular culture – films, television shows, cheap literature – have the potential to function ideologically, and consumers of popular culture in China as well as in the United States are encouraged to “get on board” with the social world popular culture imagines and promotes.

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How Should the Supreme Court Handle Warrantless GPS Tracking?

One of the most anticipated decisions of the current U.S. Supreme Court term is United States v. Jones, which was argued last fall (transcript here).  The case concerns Fourth Amendment protections from GPS tracking of automobiles.   The lower court, the D.C. Circuit, held that the government was prohibited from placing a GPS tracking device on the defendant’s car without a warrant and tracking his movements 24 hours a day for four weeks.  For the D.C. Circuit, it was crucial that the tracking was so extensive, which creates the possibility of a very fact-bound affirmance.  Alternatively, the Court might try to draw some type of bright-line rule that would be of greater assistance to lower courts in deciding future cases, either favorably to GPS tracking or otherwise.

As the Court continues to sort out these issues, the Justices might benefit from reading a new note in the Marquette Law Review by Justin Webb.  Justin’s paper, entitled “Car-ving Out Notions of Privacy: The Impact of GPS Tracking and Why Maynard is a Move in the Right Direction,” argues in favor of the D.C. Circuit’s approach.  The abstract appears after the jump.

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