Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Saturday, December 13, 2014

Scalia researched torture's efficacy by watching "24"

Antonin Scalia reacted* to the Senate torture report with a defense of torture, as reported by the AP*:
"Listen, I think it's very facile for people to say, 'Oh, torture is terrible.' You posit the situation where a person that you know for sure knows the location of a nuclear bomb that has been planted in Los Angeles and will kill millions of people. You think it's an easy question? You think it's clear that you cannot use extreme measures to get that information out of that person?" Scalia said.
That jogged a memory. What planted this scenario in Scalia's mind? Hark back to June 2007, via the Wall Street Journal Law Blog:
The Globe and Mail reported that Scalia came to the defense of Jack Bauer and his torture tactics during an Ottawa conference of international jurists and national security officials last week. During a panel discussion about terrorism, torture and the law, a Canadian judge remarked, “Thankfully, security agencies in all our countries do not subscribe to the mantra ‘What would Jack Bauer do?’ ”

Justice Scalia responded with a defense of Agent Bauer, arguing that law enforcement officials deserve latitude in times of great crisis. “Jack Bauer saved Los Angeles . . . . He saved hundreds of thousands of lives,” Judge Scalia reportedly said. “Are you going to convict Jack Bauer?” He then posed a series of questions to his fellow judges: “Say that criminal law is against him? ‘You have the right to a jury trial?’ Is any jury going to convict Jack Bauer?”

Tuesday, April 23, 2013

Obama on kinks in the arc of history

One passage in Peter Beinart's stirring ode to Obama's gun control efforts set me thinking again about how Obama views (and frames) U.S. history:
Republicans often describe America as a country that was once pure—at its founding, before the New Deal, or before the 1960s—was sullied and now must now be redeemed. Obama, by contrast, describes America as a protracted struggle to honor our best ideals by overcoming our evil past, a struggle in which heroes often die without ever seeing their labors bear fruit. It’s no coincidence that a month after Newtown, he swore his inaugural oath on the bibles of Abraham Lincoln and Martin Luther King, and spoke of “the star that guides us still; just as it guided our forebears through Seneca Falls and Selma and Stonewall.” It’s no coincidence that he so often quotes King (who was himself quoting the abolitionist Theodore Parker) as saying, “Even though the arc of the moral universe is long, it bends toward justice.”
I would slightly edit this acute observation, altering "overcoming our evil past" to "overcoming the evils in our past" or "overcoming our more limited past."  Due in part perhaps to political necessity, Obama puts a relentlessly positive spin on the national historical saga, casting it as a tale of continual progress toward a more perfect union.  The circle of those included in the "all are created equal" widens in concentric historical ripples, "through Seneca Falls, and Selma, and Stonewall." It's a presentation of American history modeled on Lincoln's concept of what Garry Wills tagged in Lincoln at Gettysburg as "continual approximation" of the ideals embedded in the Declaration of Independence.  Wills cites Lincoln setting forth that concept in the Lincoln-Douglas debates:

Wednesday, September 15, 2010

On not respecting the past

On the occasion of the Jewish holidays, brooding over whether I would fast on Yom Kippur (I have for most of my adult life but not longer see any reason for doing so, other than dislike of abandoning any discipline voluntarily undertaken), it occurred to me that a passage from a novel, or rather a didactic fiction, has been recurring in my mind on such occasions for more than fifteen years.

It's from Herland, the early 20th century feminist Charlotte Perkins Gilman's Utopia of an isolated all-female society that breeds by parthenogenesis.  The women and girls of Herland are uniformly wise, free, maternal, devoted to education and the common welfare.