Saturday, May 03, 2008

Disassociation

In the wake of my mildly famous post on Black Conservatism, one of my professors from earlier this year (History of the Civil Rights Movement) invited me to give a presentation before his African-American History class this term. I was setting up a meeting with him to discuss plans for the class, and mentioned off hand that I would be attending the University of Chicago Law School next year. He looked at me and smiled, and noted that I'd be sharing institutional affiliation with Rev. Jeremiah Wright (who attended Chicago's Divinity School). I laughed and said, "guess I can never run for President then." (among other reasons).

Apropos of that, David Bernstein has a post up seeking stories of Obama's time as a constitutional law lecturer at the University of Chicago. "Waldensian" repsonds:
I took one of his classes, and I'm a bad person. Sadly, Obama still hasn't gone far enough in renouncing me and my views.

Sadly, a roughly accurate portrayal of how I fear this whole election cycle will progress.

Jindal for VP

There's got to be a reason I never thought of it before. Andrew Sullivan reports rumors that Louisiana Governor Bobby Jindal may be on John McCain's list of potential VPs. It'd make a great political counter to an Obama candidacy. Jindal's Indian-American, so it isn't an exact parallel (but that makes it easier to dodge the inevitable pandering charge), while still being historic (Indians are a special race case anyway). And it's not like he'd be plucked from complete obscurity -- Jindal's been a GOP rising star for awhile now, and has a good many people in the Party excited.

Americans tend to like it better when Republicans usher in their great progressive leaps forward (cf., Nixon goes to China), because it gives them all the symbolism without the risk that anything substantive will change. It'd be interesting to see how much significance would be ascribed to Jindal's ascension as VP. Obama's potential election as President has led a certain class of White pundits to proclaim it as evidence that anti-Black racism is effectively over. Would Jindal's election still be used to justify the same claim (because Whites have overcome their racial animosity as evidenced by Jindal, ipso facto Whites no longer harbor racist sentiments toward Black people)? It'd be convenient, but still rather difficult I think to argue.

OJ

I rarely drink alcohol. And when I do, I only drink very small amounts (not even enough to get buzzed). It's a source of much amusement to me that this means I can likely never run for President (admittedly, there are plenty of reasons why I can never run for President -- this is just one of the more absurd ones).

But it goes beyond alcohol. Despite four years of debate and four years of college, I don't drink coffee, or any coffee related drinks. Nor do I drink tea. I rarely even drink soda (I'm practically Mormon!). Juice, water, and Gatorade are my fluids of choice.

So it was with a wry smile that I read this hilarious, apparently serious bit from Commentary Magazine trying to make hay out of Obama's choice of Orange Juice over Coffee at an Indiana diner.
The switch from juice to coffee is a rite of adulthood. It's not that Obama seemed to hold himself above the coffee drinkers. It's that he seemed to lag behind them. He's still on fruit juice while the adults are sipping bitter and bracing coffee.

To be fair, even Commentary's readership seemed to think this was a bit ridiculous. But I thought it was uproariously funny, if only to show how thin the anti-Obama gruel is getting. And at least mildly hopeful, in that it appears to have finally hit the extreme outer limit of when campaign gossip gets too frivolous that even sympathetic readers finally rebel.

Friday, May 02, 2008

What We Need

Ross Douthat complains about how mainstream movies don't portray terrorists as Muslim extremists often enough:
Even in films that aren’t taking thinly veiled jabs at the Bush administration, terrorist baddies turn out to be Eurotrash arms dealers (2006’s Casino Royale), disgruntled hackers (2007’s Live Free or Die Hard), a sinister air marshal (2005’s Flightplan), or the handsome white guy sitting next to you in the airport lounge (2005’s Red Eye). Anyone and anybody, in other words, except the sort of people who actually attacked the United States on 9/11.

In respons, dNa points out the obvious:
Because in an age of detention without evidence or trial, torture, and preemptive war, what we really need is movies that make us feel better about doing all those things to a certain "sort of people."

I think this is exactly right, and gets at something important. Different circumstances call for different discourses. I can certainly imagine a situation where America was beset by ennui, was faced with an existential or otherwise significant crisis and could not motivate itself to face it with heart and determination, or refused to forthrightly identify the enemy at all (in a way, I think this is descriptive of America on racial issues). But, at least in the realm of contemporary America foreign policy, this is not our problem, and (in the words of Tim F.) the possibility that Americans will forget that their are Muslim extremists out there "seems vanishingly unlikely when at any given time a Republican is running for office somewhere." In the past seven years, we've launched two wars in Muslim states, set up extra-legal detention centers for terrorist suspects, held people indefinitely without trial, abducted and tortured innocent people, imprisoned journalists -- and that's just what's been institutionally sanctioned. Our problem is not that we're too disconcerned with this radical Islamic extremism thing. Our problem is that we've a) let this threat explode way out of proportion to its actual menace, b) used it to justify appalling violations of human rights that cut against every moral fiber that America was founded upon, and c) allowed to expand until it represented the totality of America's international security interests, ignoring other important strategic and moral considerations on the international horizon worthy of our concern.

In other words, Americans are plenty convinced that there are scary brown people out to get them, even without Hollywood shoving it down their throat. I'm not saying there is no threat from Islamic extremism, because clearly there is. I'm just saying it's not a bad thing to restore our collective sense of balance and proportion -- something that, in the age of "Black Sites" and Guantanamo Bay, is sorely and conspicuously absent at the moment.

Thursday, May 01, 2008

And Another Thing

Responding to Tom Friedman's column explaining why a gas tax holiday makes no sense, John McCain remarks:
Appearing on CNN's "American Morning," McCain noted his respect for the Pulitzer winner but said Americans deserve "just a little break this summer."

But then he went further.

"And I understand in New York City that you don't really drive a long way most of the time," McCain said. "But -- and then maybe you're chauffeured."

But McCain can't even get his digs right. Friedman doesn't live in New York City, he lives in Bethesda, Maryland (a DC suburb), and, as the article notes, drives a hybrid.

In the meantime, John Chait gives four reasons why Obama's refusal to pander on the gas tax holiday, and, of course, every economist in the world agrees with Friedman and thinks McCain is wrong here.

And Another Thing

Responding to Tom Friedman's column explaining why a gas tax holiday makes no sense, John McCain

From Jeremiah to Jonah

Two of my Carleton professors forward me this article by Princeton Professor Melissa Harris-Lacewell, on Rev. Wright's self-identification with the prophetic tradition. Harrs-Lacewell argues that the Obama campaign has shifted Wright from being Jeremiah ("among the truth tellers who regularly warn the government that divine destruction is imminent if the nation continued to oppress the powerless.") to Jonah (fleeing from his obligation to preach to those he does not want to deal with -- i.e., mainstream Whites).
I believe Jeremiah Wright likes preaching to his own people, black people, embraced by the relative comfort of shared knowledge and practice within the African American church. I do not think he wanted to talk to white America or to try to bridge the painful, difficult, often personally brutalizing, racial divide. I believe that he has great and healing things to say to our nation, but that when called to do so he has resisted because he is angry about the evils of racism, imperialism, patriarchy and partisanship.

It's a good piece -- and there are few more insightful commenters on question of race in America than Professor Harris-Lacewell. Well worth your time.

Wednesday, April 30, 2008

The Beauty and The Truth

Democratic Senate Majority Leader Harry Reid (NV) is offering a compromise plan to help break the deadlock over nominations for the Federal Elections Commissions. The FEC is moribund at the moment because it doesn't have a quorum. It doesn't have a quorum because all the nominations are tied up over whether Hans von Spakovsky, a Bush administration apparatchik who has dedicated most of his public career at making it harder for the poor and minorities to vote. Von Spakovsky doesn't have the votes to be confirmed on his, which is why Republicans are demanding that all the nominations be grouped together and voted on as a package.

Reid's compromise would guarantee that another (already nominated, non-controversial) GOP FEC candidate would immediately be confirmed to take von Spakovsky's seat if he is rejected. But the compromise is reportedly dead in the water, because Republicans refuse to budge if von Spakovsky is not part of the deal.

But that obscures the real issue. Republicans don't actually care if von Spakovsky gets on the FEC or not. They just know that they can use him to block the nominations in general and make the FEC impotent during the election, removing any risk of independent oversight and making it easier for sleazy and/or illegal campaign tactics to go unabated. The "compromise" is dead because Democrats can't give Republicans what they want -- a free field to break the law in 2008.

Compel This!

Monday the Supreme Court, in a 6-3 decision, upheld Indiana's voter ID law. You remember that one: the law which was justified to combat voter fraud, despite the fact that Indiana has never had a voter fraud prosecution in the history of the state? Now, to be fair, Indiana did recently have a problem with fraud in a local mayoral election. But it was perpetuated by absentee ballots -- the only type of voting exempted from the voter ID requirement. In general, the voter fraud "epidemic" is a myth used to suppress legitimate voting by Democratic-leaning voters. So we have a situation where the "interest" Indiana uses to pass a voter-suppression law is literally mythological. Maybe we can convince Maryland to pass a law prohibiting Republicans from voting on the grounds that they're more likely to secretly be fire-breathing dragons. It's no less removed from reality.

Tuesday, April 29, 2008

The Verdict

Now I can die happy. 10 seconds from now, when Calculon kills us. -- Harold Zoid.

Ladies and gentleman, the die has been cast, and the (e-)letter is in the (e-)mail. Next year, I will officially join the University of Chicago's class of 2011.

I've been vague about how this whole law/grad school thing was playing out. Didn't want to jinx anything. But now that it's over, I can give y'all the full run down.

In terms of success rate, I batted a solid 8/20 -- 6/9 law, and 2/11 Ph.D (so, less solid on that front). I was admitted at the law schools of UVA, Michigan, Berkeley (Boalt), NYU, Columbia, and Chicago, and rejected at Yale, Harvard, and Stanford (no waitlists for me!). As for the Ph.Ds, I got in at UVA and Berkeley (Jurisprudence and Social Policy for the latter, Political Science for UVA and all the others) and was turned down at (*breath*) Yale, Harvard, Stanford, Chicago, Columbia, NYU, Michigan, Brown, and Princeton. As my roommate said, potentially this was sign that law school was the better place for me. Or as Phoebe and Amber would say, maybe I'm just not bright enough for Ph.D work. As for me, I'm blaming my "interesting" (in the wrong way) statement of research interest (that was by a prof at Berkeley's JSP program -- one of the programs that admitted me!).

But that's old news now, and law school was really always my first choice over grad school. The J.D. I know I need for what I want to do, the Ph.D I specifically hope I don't need.

So why Chicago specifically then? Well, I was always making my choice based on what would best get me positioned to enter legal academia. In the interest of not agonizing over too many choices, I let that cut the list down to NYU, Columbia, and Chicago. NYU had the Furman Academic Fellows program, which looked interesting, but then they didn't admit me to it, which was demoralizing. They also put a time limit on their financial aid offer that expired well before I was ready to make a decision (ironically, it appears they extended the deadline until today without telling me, but by now I'd already dismissed them as an option). That left Chicago and Columbia, the only two schools I actually visited.

Both, it should be said, were fine schools and I felt quite happy and comfortable at each when I visited. When I asked if anyone had any inclination towards one or the other, my adviser at Carleton (who, I believe, is starting to sicken of me) told me: "David, flip a coin if you have to." I didn't quite do that, but I did end up making my decision on very "soft" factors: namely, that something about NYC rubs me the wrong way, and that Chicago's smaller size just felt more comfortable to me. Chicago in general had a "vibe" that I liked -- it reminded me much of Carleton, in fact. Really, I had nothing to go on but my gut instinct, which (very tepidly) leaned towards Chicago. With the deadline looming, and no stronger reason to go one way or the other, I went with it.

So that's that. But I can't resist giving a few superlatives at the end of this process.

The Silent Treatment Award goes to Stanford University, held onto my application wordlessly for about five months before denying me. Harvard took just as long (well, actually they denied me one week before Stanford did), but at least they sent periodic emails letting me know I was still on the planet (not to mention their wonderful J.D. admissions blog). And when I wrote them an email, they wrote back (albeit, to tell me that they don't accept emails, so please mail them). Stanford maintained a studious silence throughout the whole ordeal. I actually wondered if my rejection had got lost in the mail (I assumed rejection, because I figured if I had been admitted they would have followed up at least once to insure I was still alive).

Most Enthusiastic: UC-Berkeley. The Berkeley people were very helpful whenever I wrote to them, but that's not why they get the award. Around the time I got admitted to Berkeley, a spammer got ahold of my telephone number and started making bogus calls to me for about one week. During that week, I got four calls from the spammer -- and five from Berkeley. Advantage, California.

Most Guilt-Inducing: UVA. First, they admitted me to both their J.D. and Ph.D program. Second, one of my former Carleton professors (who now is at UVA) specifically went to bat for me come selection time -- responding to the specific objection that I likely wouldn't attend (prescient, that one). Third, the political science department nominated me for a very prestigious fellowship. All of this occurred with it being extremely unlikely that I'd attend. And then, when I turned down the law school, they asked me to fill out a survey explaining why, which was very awkward.

Oh, and you might be wondering about the Futurama quote at the top of the post. That's because I'm expected PG to send trained assassins out to kill me now. She's graduating law school, she can afford it. So, it's been quite a ride, and nice knowing everyone.

The Will to Power

"What do you want to do today, Brain?"
"Same thing we do everyday, Pinky.... Take over the world."


In response to my denial post, Mark argues that America's problem isn't denial but a failure of the will to confront evil. At root, this is Green Laternism gone totally haywire, as Mark seems to think every problem in the whole world could be solved through strong application of American Will. But while this practically unrealistic (not every problem can be solved by mere willpower, and America doesn't possess infinite resources to enact will into policy), the disjuncture with reality is actually less frightening to me than the theory itself. The "will" Mark demands America use would appear to involve the US invading, occupying, bombing, or otherwise attacking a huge chunk (well over half) of the world over the course of the last 60 years.*

But Mark doesn't just want to impose American will on any country. It's not even the relatively simple metric of imposing our will on evil countries. Evilness is certainly a part of Mark's criteria. But the bigger one is alignment. Countries which are doing nothing actively wrong, but seem broadly aligned on an anti-American axis, are legitimate targets of our Will (Chile, 1973). And, as Mark's post was a prolonged justification for allying with undeniably evil groups (such as death squads) so long as they were on "our side", I assume the reverse is also true: a country that is aligned with us ought to be spared facing America's Will -- or even get the support of American Will against rebel forces. Beyond that, for countries or organizations who are not aligned for us or against us (or perhaps, are too unimportant to matter), then evilness becomes the defining factor (Uganda's Lord's Resistance Army, for example).

So, using that as our criteria, which countries in the post-WWII era should have faced (or benefited from!) America's Will? Well, let's start with the one's that Mark appears to explicitly endorse in his post: Chile, Nicaragua, North Korea (he says we shouldn't have accepted the "stalemate" at the end of the Korean War), Vietnam, Uganda. Where else? Well, there are the other locations where America has Exerted Our Will since World War II; places such as Iraq, Columbia, Granada, El Salvador (hell, virtually all of Central America saw US Marines at one point or another during the 20th century), The Balkans, and Iran (imposing the Shah). Each of these would seemingly be okay with Mark. But now let's move into hypotheticals. Where did American Will fail to manifest itself, when it should have?

Start with the Americas. We already mentioned that basically all of Central America was forfeit, but Cuba deserves special mention for being the Communist Big Papa -- and the Bay of Pigs hardly was a sufficient statement of Will. Venezuela, today, is an easy mark (and we did support a coup there). Bolivia? Maybe. Brazil escapes because it went socialist (Lula) after the Cold War ended, but during the Cold War it was an ally (so who cares that it tortured folks constantly?).

In Europe, we have -- the entire Soviet Bloc. And the Soviet Union. But particularly Czechoslovakia and Hungary. Could France be considered anti-American enough to render it vulnerable to America's Will? Maybe.

Africa is another place where we could justify sending troops nearly anywhere this side of Botswana, either to overthrow communist leaning dictatorships or to support Western-leaning regimes against communist backed rebels. But certainly, Libya, Sudan (even prior to Darfur, with the North/South civil war), Ethiopia, Rwanda, Rhodesia (supporting the White apartheid government), South Africa (ditto), and Angola all were legitimate targets of The Will.

The Middle East, amazingly, gets mostly a pass, on the grounds of "alignment". Iraq is an exception -- but only after the Cold War (when they actually were gassing their own people, they're cool. Invading Kuwait is a problem). Syria, too, probably should face the Will of America. But Saudi Arabia, Jordan, Egypt, Qatar, UAE? All okay.

Central Asia is a fun one. Pakistan escapes -- narrowly -- on alignment grounds. Uzbekistan, despite being far eviler than Pakistan, is an easier non-call than Pakistan, as it is firmly on our side. But Afghanistan gets to enjoy US will twice: once in support of the Taliban against the Russians, and once in support of the North Alliance against the Taliban. Iran, obviously, must face American Will again.

East Asia also sees plenty of action. We already got Korea, and China, too, is a definite. Vietnam, Cambodia, and Laos are further obvious choices. Indonesia gets supportive Will of America in its anti-communist fight as Suharto slaughtered 300,000 people. He may be a sonofabitch, but he's our sonofabitch, after all.

So what's the final tally? Basically all of Latin America and Eastern Europe, and most of Sub-Saharan Africa. In addition, Chile, Venezuela, Columbia, the USSR, China, Vietnam, Cambodia, Laos, Indonesia, Iran (twice), Afghanistan (twice), Iraq, Syria, Korea, and Libya. And possibly France. Some places we did attack (but in many of these, Mark thinks that still our Will was not sufficiently imposed), some we did not

I don't oppose the use of military force in all circumstances. But this...this is imperial hell. I am glad we have not "The Will" to undertake it.

"I believe in something greater than myself. Building a better world. A world without sin...."

"I don't murder children."

"I do. When I have to."


* * *

* In the comments, Mark denies that his "will" is necessarily military force. But every example he's ever given of the proper use of will was a military option, and I can't conceive of a non-military response he would find sufficiently "willful" in most of the countries I'm laying out. Indeed, in some of the cases, he finds even what military response the US did initiate to be insufficient (Vietnam, Central America). But for the sake of defusing conflict, I'll refer to what Mark wants to do to these nations as "imposing our will."

Saturday, April 26, 2008

And Now Columbia

After my successful trip to Chicago last week, the only remaining stop on my voyage before I make my final law school decision is Columbia, for which I depart tomorrow (but actually visit on Monday). No computer, so no blogging until I return (so, Monday evening at the earliest).

After that, May 1st is judgment day.

Friday, April 25, 2008

"Door Close"

This makes me unreasonably upset:
In most elevators, at least in any built or installed since the early nineties, the door-close button doesn’t work. It is there mainly to make you think it works. (It does work if, say, a fireman needs to take control. But you need a key, and a fire, to do that.) Once you know this, it can be illuminating to watch people compulsively press the door-close button. That the door eventually closes reinforces their belief in the button’s power. It’s a little like prayer.

The article is a surprisingly interesting essay on elevators. I particularly liked the bit about "smart elevators", in which you input your floor at a central control panel, and it tells you which elevator to take. Consequently, the elevators themselves have no control panel, which apparently makes people feel like they've been kidnapped by a Bond villain.

That Which We Deny

Feddie at Southern Appeal wrote a small post regarding some of the more controversial words said by Rev. Jeremiah Wright. Wright claimed his words were being "twisted". Feddie asks how one can twist claiming that the US government is spreading AIDS (which is, of course, false), or that the "chickens came home to roost" on 9/11? In the comments, I noted that this last statement was, in fact, being twisted insofar as it was being taken as a claim of American moral responsibility or causality for 9/11. What Wright actually was claiming was that the US, too, had supported state-sponsored terrorism in (inter alia) Latin America, and now we were just experiencing what we had already done to others throughout history. Several commenters ("Petrigu's Ghost", "BillyHW"), though, denied that the US, had in fact, supported terrorism and death squads in Latin America. Now, American complicity in the creation, training, and activities of the death squads is not really a contested fact. Denying it is just as false as Wright's claim that the government is spreading AIDS. Yet while Wright is considered to be a monster, there are no consequences to those who deny American complicity in terrorist activity (indeed, if anything, the public backlash would probably target the truth-speakers). How is this justifiable? There are, I suppose, ways one could label Wright's falsehood worse than Petrigu's (though in a way, that's a side issue because Wright isn't just being treated comparatively worse -- Petrigu and his ilk will undoubtedly get off scot-free). While denying America's role in the death squads might anger the victims of the atrocities, the harms in question are largely in the past. By contrast, Wright's fiction does real damage right now in terms of hindering public efforts to combat the AIDS crisis. But in actuality, I think there are real and serious contemporary dangers that manifest themselves when we allow the denial of historical atrocities to proceed. The denial that Petrigu and others indulge in -- denial of responsibility for mass atrocities -- does not just insult the memories of the victims and survivors. It actively paves the way for more similar atrocities to occur. And it is the very strength of the denial instinct that creates the obligation to overcome it. We cannot stand idly by while our cohorts -- by denying the reality of past atrocities -- lay the groundwork for present ones. I. The Harms of Denial When accused of grave moral wrongdoing, the first response of everyone is to deny. We deny knowledge, we deny responsibility, we deny the event occurred, we deny the victims even existed (anyone who's seen the Sudanese government's response to attacks over Darfur has seen this in all its horrifying glory). We deny, deny, deny. Being Jewish means observing this phenomena first-hand: not just in Holocaust deniers, but in those who deny the existence of contemporary anti-Semitism, who deny the relevance of anti-Jewish hatred international treatment of Israel, who deny the way that contemporary Christianity silences Jewish voices under the guise of the "Judeo-Christian" worldview. When one lives with oppression that is so real and tangible, and yet still sees the world deny it, one becomes rapidly attuned to just how much denial the world is capable of. There is a plethora of literature that explicates how important it is to the victims of mass atrocity that the perpetrators accept their responsibility and that the world recognizes the existence and magnitude of the violation. Victims of mass atrocity feel like the world has abandoned them to the killing fields and the rape rooms. When their story is not heard, their experience not verified, it is as if the horrors were being relived. If that was the only reason to oppose the instinct of denial, it would be enough. But denial extends beyond that, and plays a crucial role in the reiteration of mass atrocity in other contexts around the world. In my post on the resolution recognizing the Armenian Genocide, I noted that such resolutions are not just about historical accuracy, or even comforting the victims and their descendants. It is a fact of genocidal activity (and other moral atrocities) that the perpetrators wish to mask their crimes. Even as they fire the bullet they have already begun burying the bodies. As Charles Briggs wrote, "The architects of genocide are often as concerned with suppressing discourse about the event as with the killing itself." Those with genocidal ambitions carefully observe the way similar atrocities are treated in the world community when determining whether to enact similar policies in their own nation. Samantha Power used the example of Serbia to illustrate the devastating consequences that silence can create:
Slobodan Milosevic saw that he got away with the brutal suppression of independence movements in Slovenia and Croatia and he reasoned he would pay no price for doing the same in Bosnia and Kosovo. Because so many individual perpetrators were killing for the first time and deciding daily how far they would go, the United States and its European allies missed critical opportunities to try to deter them. When they ignored genocide around the world, the Western powers were not intending to 'green light' the perpetrators. But because the killers told themselves they were doing the world a favor by 'cleansing' the 'undesirables,' some surely interpreted silence as consent or even support.
One could also easily use the example of the Holocaust. Hitler famously remarked, "who remembers the Armenians" when deciding to carry out the Final Solution. The lack of any accountability -- even if it is only being remembered as an evil-doer -- is a crucial link in the chain that allows mass atrocity to occur. Consequently, denial about America's role in supporting Central American death squads helps recreate the a pro-murder narrative that encourages other states and organizations who might be tempted to support terror. Albeit indirectly, there is a real and salient link between the denial of America's role in the death squads, and the ongoing killing in Darfur. The latter is nourished and sustained by the former -- specifically, the former's promise that the latter will be tolerated, then ultimately forgotten. But denial's real harms might occur domestically. In my last post, I noted that people have trouble reasoning generally beyond specific problems and contexts they've experienced. When created rules or normative guidelines, we necessarily can only gear them towards problems we can perceive. This simple point becomes chilling when linked up with the logic of atrocity-denial. Insofar as Americans deny their nation's complicity in acts of terroristic violence, we remove the activities from the realm of "problems" we have to be wary of. In order to enact barriers (legal, institutional, psychic, what have you) against the perpetuation of mass atrocity, first we have to recognize in ourselves the potential for engaging in these acts. But denial reifies the opposite -- it allows us to maintain the fiction that such activities are not within the realm of possibility for the United States, and hence blocks the creation and propagation of norms that might guard against it. So long as Americans still can tell themselves "we don't engage in torture" (i.e., engage in denial about what happens in Black Sites and what waterboarding is), we have no need to promulgate strong rules against it (or at the very least, continue conceptualizing it -- and thus gear the rules against it towards -- the behavior of individual troublemakers, rather than official choices of top-level decision makers). So long as we deny that we have supported terrorism, we can refrain from doing anything to insure we don't engage in terrorist activity, because it's not "our problem." The cycle of deny-perpetuate-deny continues unabated because both elements feed into each other: denial of our history of wrongdoing makes it easier to perpetuate crimes, the perpetuation of the crime creates an event that need to be denied. II. Overcoming Denial In the face of all this denial, how do we even learn about mass atrocities at all? Well, there are a couple of ways. The first is that the injustice is so large that it simply cannot be contained. The rupture is too deep, the wounds too wide-spread. I will concede this may happen some of the time, but I do not think often, and only in the most extreme cases. Jack Balkin has written of the paradox in protecting minorities: the most powerless need the most protection, but by virtue of their powerlessness they are unlikely to have enough political weight to be able to demand accountability from elites. The second way mass atrocities get exposed is when it is in the interest of a powerful group to expose it. It is difficult for the weak to deny, not because the weak are more likely to be saints, but because they're much easier to catch. The only reason the Holocaust became anything beyond provincial was because Hitler invaded Poland, thus making it everybody's problem, not just the Jews. Exposing Wright's falsehood was in the interest of elite White power-brokers (obviously more powerful than Wright), so it got exposed. But there is no sufficiently powerful group with an interest in exposing America's support of Central American terrorism. So it stays under wraps. The third way, related to the second, is that the victims managed to muster enough strength to force the world (and their oppressors) to account for their crimes. This was the story of the American Civil Rights movement. For most of America's apartheid regime, Whites did, in fact, deny deny deny that their actions were in any way, shape or form incompatible with liberal norms of liberty and equality. The mass movements of the Civil Rights era gave Blacks enough political and social muscle to force away the veil of deniability and expose the ugly reality within. All three methodologies, though, offer only a faint hope. The first is by and large a crap-shoot, and only applies to a small percentage of cases. The second likewise only applies to those cases where the interests of a victim class intersect with that of an empowered class -- not necessarily a common occurrence. It also provides no hope to those whose oppression is (or was) being carried out by those very elites. The third unreasonably relies on those being crushed to muster enough power to turn the tables on their oppressors, which puts the cart before the horse -- gaining power can't be a prerequisite to remedying your disempowerment. What's needed is to break the cycle at the start: The instinct to deny. We must as a people have the individual and collective courage to admit -- selflessly and on our own initiative -- our own wrongs and aggressively root out others. That is the only ultimate guarantee that they will not be replicated. And it means that those who do engage in denying American atrocities -- such as Feddie's commenters -- are far more dangerous, far worse "fanatics", than anything Jeremiah Wright could be. III. Repositioning the Bayonet The tag-line of Southern Appeal is "giving the bayonet to the dictatorship of relativism." I hesitate to use this as my metaphor, since I have no idea what Feddie's position is on America's terrorist activity in Central America. Perhaps (hopefully) he finds it appalling -- the sort of unforgivable evil that must never be washed over or forgotten -- and I don't want to impute his commenters failure of morality onto him. But I'll use the metaphor because I think it's very illustrative of the final barrier to overcoming denial. Now, I suspect my views on "relativism" are different than Feddie's. But taking the anti-relativism position seriously, it has to be applied universally. That is, the bayonet has to point inward as well as outward. Yet, one rarely sees self-inflicted wounds from the relativism-seeking bayonet. It is very good at attacking others -- people we don't care about or wish to condemn. It is far less adept at piercing our own skin -- our own layer of justification and obfuscation we use to legitimize our own evil acts. So it can attack Burma but not America, German bystanders in the Reich but not White bystanders in the South, Hu Jintao for supporting the Janjaweed but not Ronald Reagan for supporting the death squads. This is why it is so often seen as ethnocentric: the relativism-seeking bayonet seems to stab everyone but its wielder. Of course, nobody likes being stabbed (hence our denial reflex), and so it is difficult for us to turn the bayonet inward. The most fervent proponents of the bayonet are the one's who seem to blanch palest (or sputter reddest) at the prospect of it targeting ourselves. Imagine of Barack Obama gave a speech demanding that the U.S. acknowledge and repent for its role in the death squads? His campaign (to say the least) would be over. Consequently, it is incumbent on the Feddies of the world to be the most aggressive in insuring that America's past and present are not rewritten, because it seems to be his fellow travelers who enable the deny-perpetuate-deny cycle to continue. If this bayonet is to have any claim at universalizability (if it isn't just relativism in shiny garb), giving ourselves a free pass is not a legitimate move. It is a false move, it is a supremely dangerous move, and ultimately it is a killing move. There must be a commitment. We cannot indulge in the luxury of denial. The risks are too great, the costs are too high. Our own mental comfort is not sufficient to rewrite history. If we are to condemn Rev. Wright (as I do) for misleading his flock about AIDS in America, then we must -- with equal fervor and equal resolve -- expel from our fellows those who would deny America's history of terrorism, of violence, and of barbarism. The bayonet must be allowed to point inward.

Thursday, April 24, 2008

Originalism, The Death Penalty, and The Perfect Poison

The decision in Baze v. Rees set off much discussion (stemming from Justice Stevens' concurrence) as to whether the death penalty can be ruled unconstitutional. The major argument against is that the constitution clearly contemplates the use of the death penalty at several points -- most notably the due process clauses ("No person shall ... be deprived of life, liberty, or property, without due process of law...."). Given this rather clear affirmation that the state can (after satisfying due process concerns) take away a person's life, is there any room for the an abolitionist claim?

To explore this issue, I offer up a fantastical historical scenario which I nonetheless think might illuminate how context is critical, even in seemingly clear textual cases. It is the story of the Perfect Poison:

* * *

When European settlers first began to arrive in America, they discovered a bounty of new flora and fauna, wildlife and crops, that were rare or non-existent back in their homelands. One of the most intriguing of these was a small, clover like plant that grew wild in the forested expanses of the east. Local Native Americans used it as euthanasia for their dying elders, or warriors mortally wounded in battle, for, when mashed into a paste and ingested, it had the effect of immediately and painlessly causing death. Observers who saw the plant being administered marveled at how -- in contrast to the bloody spectacle of beheadings or the slow struggle for air during a hanging -- men and women who were fed the clover simply seemed to drift off to sleep, without struggle or apparent distress. Dubbed "American Hemlock", the plant was colloquially known simply as "the perfect poison."

Seeking to distinguish themselves from their more backwards European forebearers, American colonists rapidly began utilizing the perfect poison as their sole method of execution. This is not to say there was no debate over the morality of the death penalty. Quakers and other abolitionists argued strongly that the state had no right to claim a human life, as part of their generic opposition to non-violence. When America achieved independence and the constitution was being drafted, this debate grew in salience dramatically. When the due process clause was drafted to include the potential for capital punishment, progressives reformers attempted to make a stand and strip the word "life" from the text.

The debate was fierce, instigated primarily by a few true believers on each side. Knowing that their "objective" critique of capital punishment was unlikely to sway undecided delegates, abolitionists pointed to the excesses of the French Revolution and tried to emphasize the risk of brutal, undignified killing at the hands of the state. The "spirit of '76" made the delegates very receptive to the inherent human dignity possessed by all individuals, even criminals. But advocates of the death penalty responded by pointing to the perfect poison. America already had nearly 100 years of experience with this drug, and thus reliably knew that they could apply the ultimate punishment while still maintaining the dignity of the criminal. They pointed out that if, by some chance, the national government wished to abandon the perfect poison, it would run afoul of the just-completed clause prohibiting "cruel and unusual" punishment (what would later be the 8th amendment). The risks the abolitionists claimed were confined to old Europe. Americans had developed their own method of execution, that was quick, painless, and immediately lethal.

As the debate progressed, it became clear that the existence and use of the perfect poison was going to be the decisive factor. Delegates who had come in undecided were gradually won over to the pro-death penalty side. The abolitionist's arguments were abstract and unpersuasive given the existence and universal usage of the perfect poison. "Were we still in England, and capital punishment meant sickening hangings (with many more savage citizens clamoring for the return of burning at stake!), I would not hesitate to ban it," proclaimed one delegate from New Jersey. "Where the culture is one of barbarism, where the norms of the enlightenment have not penetrated, the penalty of death is too dangerous to lie in the hands of man. But, God blessed America with an excellent herb, one which evades all the traps of savagery, and our people in their infinite wisdom have taken to use it. It is always possible that our people will regress or thirst for more blood, I admit. But I believe that, given the choice between civilization and the abyss, our people will choose the former."

And so it was that the constitution passed explicitly contemplating the use of the death penalty in America.

Unfortunately, what was not foreseen by the Representative from New Jersey, nor any of the other delegates at the Convention, was the rapidity by which Americans would settle their new country. American Hemlock, as mentioned, grew only in the leafy expanses of the eastern forests, and was resistant to cultivation. It was also highly sensitive to human encroachment. As these woods were cut down to make room for new farms and homesteads, the perfect poison became harder and harder to find. At the same time, its demand was skyrocketing, leading to over-harvesting. By the mid-18th century, the plant was only rarely seen. In response to this scarcity, governors began authorizing the alternative forms of execution that had repelled the framers: hanging and firing squads. But even with this shift in policy, habitat loss had doomed American Hemlock. By 1890, it was declared extinct.


* * *

The point of this story is to illustrate how contemporary context can matter, even to an originalist or textualist. The framers sanctioned the use of the death penalty within the specific context of the availability of the perfect poison. Not contemplating the modern problem of ecological collapse, the founders did not envision the potential for these circumstances to change. But, without the perfect poison, it would seem clear that, at the very least, the question of whether the death penalty was constitutionally sanctioned was open again, notwithstanding constitutional text that contemplates its use.

Now, obviously, this story is extreme. Most obviously, there was no perfect poison, nor is there any proof that American colonists would have used or preferred even if there was. Also importantly, the story creates a scenario where the necessary trigger for permitting the death penalty physically disappeared from the planet. I am not arguing that the actual process of deliberation over the death penalty even closely approximated this.

Nonetheless, I think this story is conceptually illustrative. For one, at the very least I think it demonstrates that changes in context can theoretically alter what is and is not sanctioned by constitutional clauses, even under a very strict form of originalism. And I think it demonstrates that point more broadly that might be apparent at first glance. The framers in this story were making decisions about broad principles based upon what -- in retrospect -- we can see to be temporally-specific assumptions. Here, the assumptions were laid out explicitly (in the debate, anyway -- the drafted text did not anywhere specifically demand that life only be taken by the perfect poison), and the change in circumstances was dramatic. But in general, I think it's obvious that when people engage in deliberation they work from within the only conceptual framework available to them -- that is, their own place, time, and vantage point -- and make decisions that are contingent on those assumptions. As Iris Marion Young points out, "in political communication our goal is not to arrive at some generalities .... Instead, we are looking for just solutions to particular problems in a particular social context" [Inclusion and Democracy (Cambridge: Oxford UP 2000), 113]. Everyone deliberates that way, utilizing assumptions (usually unstated) drawn from the world around us that -- like the world itself -- can and often do change in the future.

The standard "originalist" (or perhaps "classical originalist", since I think the debate here is still largely intra-mural) response here would be to say that the constitution accounts for changing circumstances through the amendment process, nothing more. But I think the perfect poison story demonstrates why this is too thin a response. The existence of the perfect poison -- assumed to be permanent but really contextual -- was an embedded assumption laid into the text as originally deliberated and drafted. It would seem foolish to take from that ratification debate the principle that the death penalty absent the perfect poison is consistent with the mutually agreed upon principles that came out of the ratification debate, because that's clearly not what had been agreed upon. Rather, any debate about the current constitutionality of the death penalty would have to closely examine the relevant context and assumptions under which it was passed (including assumptions about justice and human dignity) to see whether they still hold up in the present day. If, for example, the founders ratified the use of the death penalty based on a conception of human dignity that is now "extinct", is that any different than ratifying the use of the death penalty based on the availability of a "perfect poison" that is now extinct? I don't know. But it's an interesting question to ask.

"Down To Earth Day"

Did the Family Research Council just come out against Earth Day? Yes, yes, they did:
Today isn't just another reminder to use recycled paper or drive energy-efficient cars. It's a calculated attack on the sanctity of human life.

Okay....

Wednesday, April 23, 2008

Boxing Blogging: 4/23/08

What a nice Wednesday Night Fights! Four fights, four knockouts (more of what I expected last week, to be honest), including one that is in contention for knockout of the year. Even the "Ringside Remembers" sequence was nice -- I didn't know Evander Holyfield literally fought through a heart attack in his loss to Michael Moorer. Just good quality entertainment all around.

Joe Greene (19-0, 14 KOs) TKO9 Joshua Okine (18-4-1, 12 KOs)

How many disadvantages did Okine face coming into this bout? Let us count the ways:

1) He took the fight on four days notice.

2) He's really a welterweight, fighting against a big middleweight.

3) Joe Greene is a bona fide prospect at middleweight.

4) Greene's far faster and more athletic than Okine.

Yeah, that's a tough gig. Okine showed toughness and heart, but was eventually overwhelmed. He was knocked down twice in the 9th before the referee stepped in. The stoppage was a little questionable, because Okine was still throwing back, but he was trapped against the ropes and too tough to quit, so I can't really complain. The second knockdown, incidentally, was a thing of beauty -- but was to be overshadowed at the end of the day.

Greene continues his progression, although a win with that many built in advantages doesn't tell that much. Okine needs to get back down to fights with people his size -- he'll get eaten alive by people who can take his punches, and he has no power at middleweight. Also, he needs to stop smothering himself on the inside. But he has heart and some okay defensive moves -- at least enough to enable him to make a respectable living in the sport.

Wilmer Vasquez (6-0, 4 KOs) TKO3 Rodney Wallace (4-1, 4 KOs)

Isn't this what makes heavyweights great? Wallace was outweighed by 70 pounds and had a 6 inch height deficit, and it was noticeable. Vasquez had a swagger to his step that told everyone he knew he could hammer Wallace into submission (potentially explaining his otherwise baffling lack of a jab). And that's what happened. Wallace tried to stick and move, and had some success at it, but he inevitably got caught and then Vasquez took over. You can't question Wallace's heart -- he was caught clean loads of times and never went down, but you can question whether or not a 5'9" guy should be competing at heavyweight. Eventually, Wallace's corner threw in the towel, and Vasquez picked up a TKO victory.

Juan Urango (20-1-1, 16 KOs) KO4 Carlos Vilches (53-8-2, 31 KOs)

Wow, what a hook. What a hook. I didn't think anything would top Edison Miranda's show-stopper KO of David Banks, but this certainly came close. Vilches was out cold before he hit the ground, and now falls to 1-5 in his trips to the United States.

This was a title eliminator for Paulie Malignaggi's belt, a fight which probably won't occur for awhile given that the Magic Man has at least two more fights ahead of him before he thinks about a mandatory. But Urango certainly earned the fight with this highlight reel knockout. Urango's a slow, plodding pressure fighter who can crack, which makes for an interesting style contrast with the light-hitting, fleet-footed Malignaggi.

Anyway, this shot should be showing up on YouTube soon, and is worth your time. Welcome back into title contention, Juan Urango.

David Estrada (22-4, 13 KOs) KO2 Alexander Pacheco (14-6-1, 12 KOs)

Estrada is an all-action slugger who's tons of fun to watch. His war with Kermit Cintron is a classic, and sadly descriptive of Estrada's career -- tough and gritty, but ultimately falling short against A-level opposition.

Fortunately, Pacheco is not A-level opposition. Not only is a he a bit chinny, but he was willing to stand with Estrada and trade, giving us an entertaining scrap for what little it lasted. Estrada was credited with three knockdowns, though only the last was all that legitimate. The first was really bogus -- Pacheco was literally thrown to the ground. The second Pacheco held onto the ropes for support, but it didn't look like he'd have gone down had they not been there -- the litmus test for whether a ref can rule a knockdown in that situation. The final one was a crisp shot that laid Pacheco flat on his back. He couldn't beat the 10 count, and Estrada earns a KO victory.

Movement and Stillness

Last week, a close friend of mine published an article in the Carleton Progressive about Barack Obama -- a small portion of which dealt with his position on Israel/Palestine. The thesis of the article is that Obama doesn't have the stones to really go to the mat for progressive principles. With regards to Israel/Palestine, he contrasted Obama's famous remark that "nobody is suffering more than the Palestinians, to his more recent demand that the UN unequivocally condemn rocket attacks from the Gaza Strip as evidence of selling out progressivism in favor of...what? Zionism I guess, though I hate it when these are considered to be in opposition.

But I have to say, I find that whole argumentative sequence bizarre. I've noted before that I -- resolute Zionist that I am -- have no serious problem with the "nobody is suffering more" statement. People are acting as though Obama was claiming that the Palestinians are objectively worse than Darfuri Africans. But Obama was speaking in the context of a) the Israeli-Palestinian conflict, and b) failures of leadership -- nobody suffers more than the Palestinians from the failures of their own leadership. And that's true (as was quipped, the Palestinian leadership "never misses an opportunity to miss an opportunity"). Tragically, I can't say that nobody would be so rabidly anti-Israel as to think that Israeli treatment of the Palestinians is worse than the Sudan's treatment of the denizens of Darfur, because that appears to perfectly characterize the UN (more on them in a minute). But it's clearly not Obama's position.

So, the original statement -- supposedly proof of Obama's bold progressive independence from the clutches of The Israel Lobby (or whatever) -- is perfectly consistent in my mind with mainstream pro-Israel politics and practice. Then, we move to the betrayal: Obama's demand that the UN unequivocally condemn rocket attacks coming out of Gaza.

Knowing my friend, the problem here isn't (I don't think) that the rocket attacks are not important or condemnable. Rather, I suspect his concern is that Obama didn't nod strongly enough towards the suffering of the Gazans. But anyone who even casually observes the UN knows that their problem is not that they're insufficiently attentive to the plight of the Palestinians. The UN is perfectly able and willing to launch an infinite amount of fusillades regarding the horrific Israelis and their bloody imperialist wars of domination. What's missing is any substantive counter-weight -- that Israelis are suffering too, that Palestinian terrorism is a significant issue, a (if not the) primary obstacle to the peace process, and utterly unjustifiable to boot (as opposed to "resisting the occupation"). Criticizing a speaker for being insufficiently worried about Palestinians getting their due account in UN resolutions is like criticizing the NAACP for not showing enough concern about White people's rights in 1935 Mississippi. That isn't the problem -- Jim Crow Mississippi didn't due anything else but concern itself with the rights of White people.

I remember once being in a practice debate round in which the other team ran a plan by which the US would become more "balanced" in its voting on UN resolutions concerning Israel. "More balanced" was left incredibly vague, but I noted that the US already has a well-delineated criteria, the Negroponte Doctrine, determining whether we will support a given UN resolution regarding the Israeli/Palestinian conflict (this was in July of 2002):
For any resolution to go forward, the United States — which has a veto in the 15-nation council — would want it to have the following four elements:

* A strong and explicit condemnation of all terrorism and incitement to terrorism;
* A condemnation by name of the al-Aqsa Martyrs' Brigade, Islamic Jihad and Hamas, groups that have claimed responsibility for suicide attacks on Israel;
* An appeal to all parties for a political settlement of the crisis;
* A demand for improvement of the security situation as a condition for any call for a withdrawal of Israeli armed forces to positions they held before the September 2000 start of the al-Aqsa intifada Palestinian uprising in which 1,467 Palestinians and 564 Israelis have died.

Precisely which of those four elements is an unreasonable demand for inclusion? But yet, they consistently fail to be met, so the US consistently vetoes SC resolutions. It is extraordinarily depressing to me that this is considered some sort of capitulation away from progressivism.

So getting back to the original point: Obama really hasn't moved at all. There is no tension between noting that Palestinians suffer greatly in the I/P conflict, particularly from being constantly betrayed by their leadership, and demanding that the UN take a time-out from single-minded blasting of Israel to remember that Jewish lives matter too. Both are crucial insights that all progressive parties need to keep in mind when viewing this conflict.

Preventative Care

Opinio Juris has a guest-post by Israeli academic Elihu Richter, who makes a case for adopting a "precautionary principle" in favor of punishing those who incite to genocide.
The proposal to indict the President of Iran for incitement to commit genocide is the template case study for applying the Precautionary Principle based on "predict and prevent" as opposed to "proof of intent after the event".

It is my premise that the core of a program for prevention of genocide and genocidal terror should be based on applying public health models for prediction and prevention which specify surveillance, prevention and control of early genocidal conditions and proactive interventions keyed to early predictors. Based on the lessons of the Armenian Genocide, the Holocaust, former Yugoslavia, Rwanda, Darfur, and many other genocides, it is clear that state sponsored incitement and hate language are highly specific early warning signs that should be the trip points for preventive legal action, instead of waiting for prosecution after genocide is over.

Text, subcontext, and context. The foregoing is the basis for some statements I would like to make about text, subtext, and context. The text is the threats--some claim they are merely predictions--to wipe Israel off the map as part of this decision. The subtext is the pictures of missiles below which phrases such as these threats appear. The context is the enriching of uranium in violation of UN resolutions, developing ever more advanced missile systems, promoting Holocaust denial, and supporting terror groups with explicitly stated genocidal agendas, and the fact that the President of the country carrying out such enrichment, is the most vocal advocate of these genocidal threats.

Subtext and context, I submit, are critically important. Up to Oct. 25 2005, Ahmadinejad's predecessors were quoted as having made many threats similar to those made by Ahmadinejad. These were ignored by the International legal community. Had these "inchoate" statements triggered some kind of punitive action, would we be where we are now? Re context, I would be willing to bet that Ahmadinejad--and many others--had made many similar statements on all kinds of soapboxes when he was a minor politician unknown to the world. The case for action to prevent an imminent peril emerged from the day he became President, acquired real power, his statements about wiping Israel off the map became headlines everywhere, and his government rejected all UN resolutions concerning Iran's nuclear plans.

Lapsed period between the statements and the actions. I believe the discussion of the lapsed period has to take into account the fact that children are those most vulnerable to the effects of incitement and hate language from official state sponsored sources, such as texts, media, and places of worship, and the effects may be decades later. We know that for adults, where there is an authoritarian environment, incitement can convert normal people into sadistic killers over a matter of months. But children are the most vulnerable group, as is the case for so many toxic exposures in medicine, and incitement and hate language reaching children increases the likelihood of intergenerational transmission of the effects. As with all cause-effect relationships in which the relations between exposure and effect may be years or decades (e.g. Asbestos, cigarette smoking and cancer, or DES in mothers and congenital malformations in their offspring), we cannot dismiss the case for legal action and accountability just because there is a long lapsed period between exposure and effect. Where the audience for incitement includes schoolchildren, even if there are no immediate effects, we have an obligation to apply R2P-the responsibility to protect future generations-to ensure R4L-Respect for Life.

In a sense, this is pie-in-the-sky. The international community will take no substantive action against Iran and its leadership for genocidal rhetoric towards Israel so long as it remains just rhetoric and not action. Of course, as Prof. Richter eludes to, intent becomes moot after the event, so we're really just rolling the dice and hoping (a rather common trope when it comes to the fates of vulnerable minorities -- Jews and otherwise). But Prof. Richter I think at least establishes the grounds by which we could take substantive action.

I Could Not Be Happy In Rural America

Tyler Cowen hates America. Do you?

Esq. sympathizes, no doubt.