Americans are obsessed with winning or losing. Somewhere along the way, we've turned everything into a competition. Reality shows now feature who can dance better, sing better, design clothes better, wear the designer clothes better, eat more cockroaches, travel the world, and a few more things I'm blissfully unaware of.
On Tuesday the U.S. Supreme Court handed down the decision in Medellin v. Texas. Many headlines spoke of President Bush losing, and certainly in a way, his side lost the argument. More headlines discussed this as a death penalty case, but that fact is tangential to the actual legal question that SCOTUS interpreted. Reading the opinion one sees that the court was seeing if a provision of the Vienna Convention, signed by the U.S., was self-executing or not. If not, Congress needed to pass legislation in order for that part of the treaty to be U.S. law. In the end six justices decided that it was not self-executing, Congress needed to act, and therefore the president did not have the power to tell the courts in Texas what to do. The remedy for the situation is inherent in the opinion. President Bush needs to ask Congress to pass a bill that will execute that part of the Vienna Convention. After that, he will have the power to dictate to the courts in Texas (or any other state). So, it's not a win or lose situation. It's a process of definition and refinement in our laws.
Likewise in Massachusetts, a casino bill was shot down and most headlines noted that Governor Patrick lost in a contest with House Speaker DiMasi. Not so. This was a proposal for economic benefits to the state. We govern ourselves and thus this proposal was made and put in the public forum. It was reported upon, studied, and in the end defeated. This is government by the people. Now, the true question is what to do with a budget shortfall in lieu of no new revenue from no new casinos.
I'm just tired of the pissing contest mentality in the news. If I want winning v. losing I'll read the sports section.