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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)
"Words in a Time of War"
Sunday, June 03, 2007
"Words in a Time of War"
Mark Danner gave this commencement address to the graduating class of the U.C. Berkeley Department of Rhetoric last month.
I give you my favorite quotation from the Bush administration, put forward by the proverbial “unnamed Administration official” and published in the New York Times Magazine by the fine journalist Ron Suskind in October 2004. Here, in Suskind’s recounting, is what that “unnamed Administration official” told him:
“The aide said that guys like me were ‘in what we call the reality-based community,’ which he defined as people who ‘believe that solutions emerge from your judicious study of discernible reality.’
Oh please! No self respecting Republican would even grant the premise of the Dem self congratulatory turn of phrase "reality community," nevertheless claim that he or she operated outside reality.
There are literally thousands of Dems who work for the executive and are technically part of the Bush Administration who might generate this fiction, but no Republican who I have ever met.
‘That’s not the way the world really works anymore,’ he continued. ‘We’re an empire now, and when we act, we create our own reality.
Find me a single Republican who would credit the far left smear that the United States is an "empire" or an "imperial power."
Are fictional creations like this how Dems really see the world? If so, that would go a long way to explaining how they constantly "misunderestimate" the GOP and this President in particular.
Reality based community indeed!
Professor Lederman: Not to toot my own horn, but I linked to that same bit in the "Senator Clinton's Views" thread, pointing to a copy of it at truthdig. Feels good to be running at least a couple minutes (well, 44, but who's counting?) ahead of the curve in such fine company.
It's sad to see Mark Danner miss the point, as do so many American "journalists" otherwise known as reporters or newspapermen or as Andrew Marr calls them, hacks. The problem is not that we now live in an age of rhetoric it's that in pretending to live in an age of reason the members of the intellectual class have forgotten how to read a con. [What Marr still calls a trade America has made a profession.]
In a world where most of the people think American liberals are lazy fools, how can these fools claim the right to reason? If Al Gore can claim to speak for reason, where does that leave those who are actually Social Democrats? Where does that leave Tony Judt?.
It's a shame that a lawyer is not aware that the age of reason has led to little more than the rule of the assumptions of Neoclassical economics, when the adversarial ethics that is the basis of his career, and in fact the of rule of democracy and law as we define them, are both predicated on the rule of institutional prerogatives and formalized rhetoric.
The rule of reason will always end as the rule of the reasonable, and the definition of what's reasonable will change over time. [or do you agree with Nino Scalia?] Left unchallenged people will believe what they want to believe. Reasonable people believed Bush. Only the unreasonable knew enough to be afraid from the beginning.
Bart, i think you criticise Mr. Danner falsely
Unless Danner is misquoting Suskind, I thought I was accusing Suskind of writing this fiction.
A bit of mistatement, foreshortening --
". . . . It is no accident that one of Karl Rove’s heroes is President William McKinley, who stood at the apex of America’s first imperial moment, and led the country into a glorious colonial adventure in the Philippines that was also meant to be the military equivalent of a stroll in the park and that, in the event, led to several years of bloody insurgency — an insurgency, it bears noticing, that was only finally put down with the help of the extensive use of torture, most notably water-boarding, which has made its reappearance in the imperial battles of our own times."
Actually, the insurgency in opposition to the McKinley-initiated (as urged by William Randollph's Herst's yellow journalism) effort to subjugate the Philippines under US _diktat_ continued well into the 1930s, and "required" as response a US puppet-dictatorship that only fell with Marcos.
And that doesn't address the continuing underlying Muslim insurgency by those subjugated by Spain's earlier imposition of Christianity.
For those interested in the down-and-dirty of that US effort, google "anti-imperialism Mark Twain Zwick".
"sorry... a senior aid from Bush's inner circle... or Suskinds a liar.
"which is it Bart?
"# posted by Garth : 9:34 PM"
Why be particular? To Bart, reality is a fantasy. And when asserted in a way which refutes Bart's ideology, and or exposes his morally depraved heroes for what they are, is a lie.
do you care to retract your statement in light of Ron Suskind's quote from KKKarl?
You have yet to provide any attributed quotes by Rove which even remotely match the statement which I called fiction.
Karl Rove: We’re an empire now, and when we act, we create our own reality...We’re history’s actors…. and you, all of you, will be left to just study what we do.
Please give us all a link showing that these are quotes attributed to Rove. The best you could do is another unattributed rambling by Suskind in a Frontline episode.
The evidence for Rove is circumstantial but persuasive, at least until we see an alternative contender. Cf. Rove's pseudo-intellectual maunderings in the Jeffrey Goldberg N'Yawker puff piece.
The context, from Suskind:
In the summer of 2002, after I had written an article in Esquire that the White House didn't like about Bush's former communications director, Karen Hughes, I had a meeting with a senior adviser to Bush. He expressed the White House's displeasure, and then he told me something that at the time I didn't fully comprehend -- but which I now believe gets to the very heart of the Bush presidency.
The aide said that guys like me were ''in what we call the reality-based community,'' which he defined as people who ''believe that solutions emerge from your judicious study of discernible reality.'' I nodded and murmured something about enlightenment principles and empiricism. He cut me off. ''That's not the way the world really works anymore,'' he continued. ''We're an empire now, and when we act, we create our own reality. And while you're studying that reality -- judiciously, as you will -- we'll act again, creating other new realities, which you can study too, and that's how things will sort out. We're history's actors . . . and you, all of you, will be left to just study what we do.''
Now, note the Esquire 2002 story on "Mayberry Machiavellis." Suskind talked to several people in the spring of 2002, but couldn't get to Rove. "Eventually" he got his interview, one topic of which was Karen Hughes.
(Also in that article: "Rove, who never graduated from college but has a deep love of academic inquiry, seemed to enjoy having DiIulio to fence with.")
@Garth: Yo, do you have a working link for that bit of Bart's you quote on treason; I think I'll wanna see the whole ugly lot of it. Thanks!Post a Comment
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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)
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