Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts On the way to a banana republic
|
Saturday, September 23, 2006
On the way to a banana republic
Sandy Levinson
Rick Klein has a story in today's Boston Globe, tellingly titled "Congress in Dark on Terror Program," that notes that almost no members of Congress have the foggiest idea what is actually covered by the new "anti-terror" legislation being rammed through the Congress as part of the desperate effort by the Bush Administration to limit Republican losses in the forthcoming elections. ``'I don't know what the CIA has been doing, nor should I know,' said Senator Jeff Sessions, an Alabama Republican." This is par for the course. ``'You're not having any checks and balances here,' said Norman J. Ornstein, a resident scholar at the conservative American Enterprise Institute. 'It sure doesn't look to me as if they stood up and did anything other than bare their teeth for some ceremonial barking, before giving the president a whole lot of leeway. I find it really troubling.'"
Comments:
If the GOP in Congress was trying to show independence from the Bush administration, they did a sloppy-job of it. They have proven once-and-for-all that they cannot be trusted with the power they have, not ever. People need to get off their lazy-asses and wipe em' with a landslide. An entire political-generation needs to be barred-from-office by any means necessary.
Ya know, I've about had it.
Since 1970s, I have watched my beloved country slide inch-by-inch, millimeter-by-millimeter, towards a imperial olagarchy. I have fought it every inch of the way (voting, writing letters, protesting, etc), largely to no avail. This week, it's clear that the democratic republic is most assurdely dead. November elections? Yeah--between hacked voting machines and massive on-going voter disenfrancisement, you're asking me to believe in the tooth fairy. I've been casually thinking about seeking employment in Canada. Now, I'm seriously considering it. Granted, there are some civil liberty drawbacks by embracing Canadian citizenship. But at least, as a lesbian, I would be a full citizen--which is NOT the case in the US. The final proverbial nail for me is the current White House resident's embrace of torture, and the erasure of habeaus corpus. Our Congress, both the Senate and House, just rolled over and played dead. Clearly, they're also part of the imperial olagarchy. Enough is enough.
well...
i wouldn't go so far as the "by any means necessary" mode, but the fact remains that this society is getting what it asked for. in the last presidential election, regardless of how poor a compaign john kerry ran, prior to election day, when you went out on the streets and spoke to the average joe, most were for kerry. on election day, these people stayed home, while the neo-con base came out in droves. i can easily see the same thing happening again. i point to my otherwise intelligent friends who tell me that they can't stand bush, can't stand their congresmen, etc., but won't go out and vote, because they think it doesn't make a difference. i also take fault with other friends who go out and vote without knowing what they voted for. there are actually (alot of) people in this country who vote for candidates that when they stop to think about, they do not agree with, even a little bit. they vote for these people because their spouses or their clergy told them to. that's nuts. if you think they are not out there, think again, i know many of them and that's what they tell me they base their vote on. when you raise actual issues with them, it turns out they are shocked that they voted the way they did. i agree that the democrats fail miserably in staking out clear positions. you can't run simply by saying "i'm not them", especially since the neo-con base is being rallied again. the dems need to stake out clear positions a la the conservatives "contract with america" and stick to them. more importantly, the disaffected public needs to get off their collective keysters and get to the ballot if they really want change.
understand the way you feel, chris. as my father would say, step one in making rabbit stew is to catch a rabbit. politically, step one in changing the system is getting to the ballot box and electing those who you feel would vote in congress along the same lines as you would.
calugg,
Please leave! Since the democractic republic is dead, there's no use for you anymore. bye bye. Hail the "Imperial Oligarchy" For the rest of you, the democrats problem isn't with "getting out their message." The dems haven't won a majority of the vote in a Presidential election in 30 to 40 years. The only dems that have a possibility and that do win - run as centrists. So, obviously, much of the US rejects your positions, as evidenced by elections and polling - to think otherwise is a futile exercise in self-delusion. You all should despair. p.s. you all crack me up.
All humility is false humility I know. And you express the condescension of the football star for the teacher whom he knows has no power over his future. But then why are you be here? Why aren't you at Patterico? I'm sure you'd find friends there.
Why do you want the respect of those for whom you keep saying you have no respect? This is too easy son. I may be too much of an asshole for this place, but you're too much of an idiot.
Re "Humblestudent": I did indeed omit one word (before "notes" in sentence one) because it didn't make much sense. I should have read my draft more carefully. I commend "Humblestudent" for such extraordinarily careful reading, but I assure him/her that nothing else was changed.
For what it's worth: I'm in the minority, I suppose, in thinking that it's perfectly appropriate for a blogger to edit his or her posts without always noting the edits. It makes life easier -- post, read, edit. I do it often.
Of course, to the extent there is a substantive change of real consequence, a restructuring that would confuse readers coming back to re-read, or a change made in response to a substantive criticism, that should be noted. (I do that a lot, too.)
D. G.
I'm assuming your post was directed at me. If so, I'd recommend making your points properly before banding about smears like "idiot". Try making a sensible point and then I'll respond. My posts may be filled with hyperbole, but at least they have nuggets of fact and argument. You seem to think you have a "gotcha moment" when you ask why I want the respect of those here. Well, I have plenty of respect for most of the posters here - just not a few. Further, I can care less if the other posters respect me or not. So, um yah, you got me...
Sandy,
I didn't mean to imply you had any ill motive. The post read differently and I wasn't sure why.
There are all sorts of counter-majoritarian elements to our Constitution (judicial review comes to mind); the apportionment of the Senate is one that the founders most certainly intended, that everyone (I mean everyone, even the majority of Americans who didn't go to college) understands, and that has a defensible purpose in a federal system. By what possible justification could Prof. Levinson refer to this particular counter-majoritarian element, out of all of them, as "indefensible"?
There are all sorts of counter-majoritarian elements to our Constitution (judicial review comes to mind); the apportionment of the Senate is one that the founders most certainly intended, that everyone (I mean everyone, even the majority of Americans who didn't go to college) understands, and that has a defensible purpose in a federal system. By what possible justification could Prof. Levinson refer to this particular counter-majoritarian element, out of all of them, as "indefensible"?
Probably because Madison and others fought vehemently against it in the Convention. Here's Madison on one of many occasions: “Mr. MADISON expressed his apprehensions that if the proper foundation of Government was destroyed, by substituting an equality in place of a proportional Representation [in the Senate], no proper superstructure would be raised. If the small States really wish for a Government armed with the powers necessary to secure their liberties, and to enforce obedience on the larger members as well as on themselves he could not help thinking them extremely mistaken in their means. … It had been very properly observed by [Mr. Patterson] that Representation was an expedient by which the meeting of the people themselves was rendered unnecessary; and that the representatives ought therefore to bear a proportion to the votes which their constituents if convened, would respectively have. Was not this remark as applicable to one branch of the Representation as to the other? … He enumerated the objections against an equality of votes in the 2d. branch, notwithstanding the proportional representation in the first. 1. the minority could negative the will of the majority of the people. 2. they could extort measures by making them a condition of their assent to other necessary measures. 3. they could obtrude measures on the majority by virtue of the peculiar powers which would be vested in the Senate. 4. the evil instead of being cured by time, would increase with every new State that should be admitted, as they must all be admitted on the principle of equality.” Madison’s Notes of the Federal Convention, July 17, 1787. Similar, in some cases impassioned remarks, can be found Id. at June 28, 29, 30, July 5, 7, and 9. Then, in Federalist 62, Publius simply conceded that this aspect of the system was indefensible and accepted it as a necessary compromise: "The equality of representation in the Senate is another point, which, being evidently the result of compromise between the opposite pretensions of the large and the small States, does not call for much discussion. ... But it is superfluous to try, by the standard of theory, a part of the Constitution which is allowed on all hands to be the result, not of theory, but "of a spirit of amity, and that mutual deference and concession which the peculiarity of our political situation rendered indispensable.'' A common government, with powers equal to its objects, is called for by the voice, and still more loudly by the political situation, of America. A government founded on principles more consonant to the wishes of the larger States, is not likely to be obtained from the smaller States. The only option, then, for the former, lies between the proposed government and a government still more objectionable. Under this alternative, the advice of prudence must be to embrace the lesser evil; and, instead of indulging a fruitless anticipation of the possible mischiefs which may ensue, to contemplate rather the advantageous consequences which may qualify the sacrifice." Emphasis added.
Prof. Field, that proves rather too much: are you saying that Madisonian democracy has been dead for 217 years? That wasn't quite the tone of the original post.
In any case, contractual agreements such as those Publius describes are defensible purely as such, and (under some political theories, anyway) require no further justification.
Prof. Field, that proves rather too much: are you saying that Madisonian democracy has been dead for 217 years? That wasn't quite the tone of the original post.
I'm a mere lawyer, not a lofty professor, though I appreciate the compliment (?). No, I don't mean that at all. I mean something more limited, namely that Madison's system never was implemented. His "republican remedy" (Federalist 10) really depended on proportional representation in the Senate. Madison fought so hard against the Compromise because it undermined the essential premise of his vision. What we've had is, perhaps, a handicapped version of the democracy he had in mind. You asked originally why Prof. Levinson could use the word "indefensible" to refer to the Senate. Madison, at least, thought it was; that is pretty good justification for the term. In any case, contractual agreements such as those Publius describes are defensible purely as such, and (under some political theories, anyway) require no further justification. I agree, as did Publius (rather ungraciously). The key point raised by Prof. Levinson is whether that compromise is worth re-visiting in light of republican theory. Madison's repeated comments at the Convention leave me with no doubt that Madison himself would jump at that opportunity.
Obat herpes untuk balita
Post a Comment
Obat herpes selain acyclovir Obat herpes di wajah Obat herpes alami Obat herpes di leher Obat salep buat kutil kelamin Obat cina kutil kelamin Cuka obat kutil kelamin Obat cina untuk kutil kelamin Obat cina penghilang kutil kelamin Obat china untuk kutil kelamin Obat kutil di kelamin pria Obat tradisional kutil di kelamin Obat kutil di daerah kelamin Obat untuk menghilangkan kutil di kelamin Obat sipilis Obat sipilis Yang manjur obat sipilis denature indonesia Obat sipilis resep dokter Obat sipilis paling manjur Obat sipilis pada wanita Obat sipilis paling ampuh Obat sipilis manjur Obat sipilis ampuh Obat sipilis atau raja singa Obat sipilis herbal Obat sipilis murah Obat sipilis anjuran dokter Obat sipilis apa namanya Obat sipilis dijual di apotik Obat alami sipilis pada pria Obat sifilis ampuh Obat sipilis buat wanita Obat sipilis bagi wanita Obat buat sipilis
|
Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |