Friday, January 9, 2009
Interesting
Wednesday, January 7, 2009
On potted plants, etc.
Despite the recommendations of his top prosecutor. Despite the press reports -- which you, dear reader, should Google in detail. Despite the evidence. Despite, daresay, the truth.And so von believes that Burris, due to his horrible, unforgivable (and I agree, it's pretty unforgivable) mistake should not be seated in the Senate.There is no polite way to put this: Burris is a f_cking potted plant. At best. There are moments in your life when you can make a decision. It's rare and it can definitely sneak up on you. A mistake or two can surely be forgiven -- but some cannot.
Which strikes me as an emotional argument that holds nothing but emotional water. I could go searching for a legal precedent, something that shows that people with mistakes in their past are disqualified from receiving Senate appointments, but I doubt I'd find anything.
This sort of mistake is exactly the sort of thing that would get people (like me) to not vote for Roland Burris, but it's not a legal barrier to his appointment, which is really all that matters, isn't it? Not emotional response. Burris passes the basic litmus test. He's competent enough. He's been appointed by the scumbag governor of Illinois. In two years, the good people of Illinois can take matters once again into their own hands (unless we repeal the 17th amendment by then, which is just a little personal pipe dream) and vote the "potted plant" Senator out of office.
And good riddance. But until then, we need to be on the side of the law, however hard a pill it is to swallow.
Also at Obsidian Wings, publius is annoyed with Burris's arrival at the Senate , and the ensuing circus show:
It's one thing to accept an appointment and fight for it -- Senate seats ain't easy to come by. But it's quite another to actually show up on Day 1 and intentionally create a media frenzy and sideshow on a day that needs to be devoted to gathering momentum for a potentially historic legislative agenda. Instead of allowing the media to report on that, Burris's antics ensured that he'll be the story of the day.Hey, I thought the move was smart. And besides, the media will still report on everything else. This was just a little publicity stunt by an obviously savvy politician.
And I don't much like Blago or Burris but I am going to keep saying that until someone shows me what law has been broken, what guilt has been proved, then I have no choice ethically but to back Burris's claim to the Senate.
So...
Monday, December 22, 2008
Twas the Monday before Christmas...
I’ve always thought "social conservative" and "cultural conservative" meant the same thing....So I thought I’d bring the discussion to Ladyblog. Do any of you make a distinction between ’social’ and ‘cultural’ conservatism? Or have you heard people make it? And, if so, what’s the distinction?My response on her thread is rather messy and floundering, so if anyone has a better answer stop by Ladyblog (a Culture11 location) and air your thoughts...I admit this is one of my most difficult struggles. I view conservatism as a disposition, and a cultural disposition at that, not a set of ideologies, whereas today's social-cons tend toward a pretty defined set of ideologies. Maybe that's all the distinction I can muster...
It's a struggle because I am drawn most toward a brand of Christianity that is quite conservative--classic Roman Catholocism or Orthodox (I am still digging about the bones of my spiritual self to find what it is that Faith and God mean to me, and it is an endless struggle) and yet I'm drawn also toward political positions that generally reflect a much more liberal standpoint on such issues as gay marriage (well that's the big one, I admit.)
In other pre-Christmas happenings, John Schwenkler has moved his blog to Culture11... so go change your bookmarks and let the fact that all best blogs are moving to the same neck of the woods sink in for a while. (H/T Publius Endures)
Speaking of Publius, Mark and I (and others) have been engaging in a very healthy debate over school vouchers, though it has for the moment come to a close. In any case that has led to an exchange of blogroll additions, and exposure for yours truly to some really excellent commentary. Go check it out....
Elsewhere, please go read Jack Gillis's take on the Caroline Kennedy potential appointment and join him in his quest to repeal the 17th amendment! Probably the best commentary on the Kennedy mess I've read so far...
In any case, Merry Christmas everybody! Stay warm...
Pardonable Offenses - From Whiskey Rebels to Jihad Johnny: The Legacy of Presidential pardons
In 1795 President George Washington pardoned members of what came to be known as the Whiskey Rebellion, exercising his right as President to pardon Federal offenders. The Whiskey Rebels took arms against what they believed were unreasonably high taxes on alcohol, and perhaps Washington, who had so recently helped orchestrate the American rebellion against the British, largely under the auspices of unfair taxation, felt sympathy for these men.
Since then countless criminals of all-stripes have applied for Presidential pardons. For the past few years John Walker Lindh and his family have appealed for just such a pardon.
Such a notion has dismayed conservative columnist Michelle Malkin, who is livid at the notion and the audacity of "Jihad Johnny" and his family, and somehow the entirety of the "Left", that an American member of the Taliban would expect such a favor.
If it’s December, it’s time for the Left to throw another shameless pity party for convicted American jihadist John Walker Lindh (aka Suleyman al-Faris, aka Abdul Hamid). Every Christmas season for the last four years, the Taliban accomplice and his parents have asked President Bush to pardon him. This country should save its tears and mercy for the defenders of freedom....
...In Afghanistan, I remind you, Jihad Johnny took up arms with the terrorists. His purpose was to kill Americans and his “reserve of will” accomplished the goal....and upon being captured [he] deliberately and defiantly chose not to tell American CIA officer and former Marine Corps artillery specialist Mike Spann about a planned Taliban prison revolt. Spann was killed in the riot.
It is, without doubt, a tragic story, and Malkin is right to be infuriated. Indeed, the very notion that this man even has the ability to be pardoned is extremely disconcerting. And yet, the best she can muster is a flimsy, "may American traitor John Walker Lindh rot in hell."
Well, okay, that's certainly the "Op" part of an Op-Ed. Nobody could say with a straight face that Malkin's opinions are in any sense of the word diluted. On the other hand, perhaps it would be more interesting to hear some analysis of the risk involved here--in other words, a little less opinion, and a little more dissection of the underlying problem, which isn't Lindh sadly, at least not directly.
Certainly Lindh represents a problem with this nation's disillusioned youth. He is a potential case-study in all sorts of misguided delinquent behavior, from gang activity, to school shootings, to membership in suicide-bombing clubs like Al-Qaeda, or misogynistic theocrats like the Taliban. But he's been captured, and those studies are ongoing sociological quagmires without any likely positive or definitive outcome. Boys will be boys, as the old adage goes.
More to the point is the question of Presidential pardons. The idea that President Bush would even consider pardoning a terrorist is absurd, of course, but then again, he pardoned a cocaine dealer the other day. Anything's possible when a man has the power to sidestep the law so utterly. Clinton pardoned all sorts of crooks and scumbags, including yet more cocaine dealers, embezzlers, and con-men. Potential campaign donors, I suppose, and future political allies.
Article II, Section 2 of the US Constitution states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." An official Pardon Attorney assists the President in the legality of his pardons, though the framework for such acts of clemency and reprieve seems woefully lax. After all, Nixon had no trouble pardoning that crook Jimmy Hoffa. It wasn't because he was innocent, either. And then, of course, Ford didn't bat an eye when he pardoned that crook Nixon.
At times the pardons do seem just. There are men wrongly accused, or whose sentences were too stringent, or perhaps faced sentences that were largely political. Andrew Johnson pardoned the entire South after the death of Lincoln. This was an important step toward healing the nation, and a just and noble thing to do. It should be noted that nobody pardoned the North, though arguably their crimes against the Constitution were as bad or worse than anything the secessionists did in exercising their right to secede. A pardon for the South's crime of slavery would have been more apt, in a way, though I fear no President can absolve men of such barbarism.
Still, the extraordinary power of Presidential pardons raises countless questions. A whole litany of potential abuses seems to crop up at the end of any Administrations term. So are Presidential pardons necessary? Do they circumvent our legal system too much? Do they undermine justice in this country, or do they provide a necessary safeguard against injustice that only a man as powerful as the President can exercise? Or do they place too much power in the Executive branch?
It's true that only a relatively few people are pardoned by the President. The most frivolous pardoner, FDR, was also the longest serving. He pardoned 3,687 criminals. Also true is the fact that information surrounding Presidential pardons is readily available and public--though the relationships between pardoner and pardoned tend to be less transparent.
Essentially, the problem with Presidential pardons is that they inherently favor prominent figures usually of political persuasions similar to the President who pardons them. It is a power without check or balance, a Constitutional authority that sits above the law, and anything above or outside the law has the potential to do great good, or be greatly abused, and usually the latter prevails. Certainly every President in the past few decades has pardoned people that most Americans consider at the very least controversial, from George Steinbrenner to Marc Rich. President George W Bush has actually pardoned far fewer people than his predecessor, and neither man came close to FDR's staggering figure.
President Bush has pardoned far fewer high profile offenders than Clinton, though with the emerging data on illegal torture activity condoned by the Administration, it is quite possible that more are in the offing. If there is one dark legacy that will stain the history of the Bush Administration it is the top-down orders for the use of torture as a method to interrogate prisoners. It will be blacker still if nobody is held accountable, and could certainly embolden future leaders to take similar steps outside the law.
The very fact that we are not as bad as our enemy, and that even the torture we utilized was not as heinous as the crimes of our enemy, should act not as justification for our actions, but the most pressing argument against them. Torture is simply not an American institution, and regardless of political persuasion or perceived threat, it should never be used, and never condoned, and never pardoned, lest it become one.
Nor should terrorism. John Walker Lindh should remain in jail, and feel lucky that he wasn't executed for his crimes against his country and people, something past generations would have had no qualms doing.
So here we face the true moral dilemma of the Presidential pardon. The terrorist we rightfully leave to spend his days in prison, yet the torturer goes free. The traitor is denied his pardon, but the men who acted as representatives of the American people and then used an abhorrent, un-American practice on the prisoners in their care should be pardoned de facto, sans trial.
Is that there any clarity in this, moral or otherwise? Was this what our Founders intended when they wrote this power into the Constitution?
Like so many of the powers granted to our Executive Branch, Presidential pardons do not have to be abused. It can be hoped that the men and women we elect to serve as our leaders can choose to rebuke the many corrupting powers they are given--to use them in the way they were intended by our Founding Fathers--carefully, and cautiously. Perhaps the model future Presidents should follow is not that of Franklin Delano Roosevelt, but of George Washington, who in eight years of service to his country pardoned only sixteen men. Maybe if our future Presidents look to his actions more often they will stray less from the mission they've been given--to lead us safely and honestly forward as a nation; to preserve our integrity as a people; and to act as our first diplomat to the world.
Somehow pardoning white collar criminals, cocaine dealers, and political officials responsible for endangering our troops through despicable acts of torture, simply doesn't seem to fit into that job description. These are hardly Whiskey rebels.
Somehow I doubt that George Washington would approve.
Tuesday, December 9, 2008
Perhaps we should do away with voting altogether and just annoint some princesses and princes?

I was talking with my wife about the appointments Obama has made thus far, and while we both agree that the choice of experienced people is a good thing, a wise move in general, we're also both a little perturbed by the Clintonian shape this administration is taking. Another Kennedy in the Senate, maybe Jeb Bush too? Jesse Jackson Jr.?
Daniel Larison has these words of wisdom:
Many Palin critics mocked her selection as something out of a cheesy Disney movie; Caroline Kennedy’s advocate in Ruth Marcus is openly declaring her desire to have Enchanted performed in the Senate.Now this made me laugh (I thought Enchanted was excellent, by the way) but isn't it true? And on that note, have we begun electing mere caricatures? Palin the down-home mom's mom from Alaska; Kennedy the princess; Obama the savior; McCain the soldier....perhaps we've been doing this all along, I'm not sure. I've only been voting this century, really.
Well let's read a bit of Marcus's post:
What really draws me to the notion of Caroline as senator, though, is the modern-fairy-tale quality of it all. Like many women my age -- I'm a few months younger than she -- Caroline has always been part of my consciousness: The lucky little girl with a pony and an impossibly handsome father. The stoic little girl holding her mother's hand at her father's funeral. The sheltered girl, whisked away from a still-grieving country by a mother trying to shield her from prying eye.How romantic.
Ross responds quite aptly:
This is, of course, a pretty good distillation of the case against dynastic politics: Namely, that it transforms the business of republican self-government into a soap opera, in which the public/audience thrills to the "intriguing subplots" involving a President's daughter, a President's wife, and a Governor's son who happens to be the President's daughter's sister's ex-husband ... and sighs, enraptured, at the "fairy tale ending" when the President's daughter grows up to have a Senate seat handed to her as a reward for having endorsed the President-elect.Now, admittedly, this would be less aggravating if it were simply a call for Caroline Kennedy to run for the US Senate. One can choke down dynastic politics if they also happen to be the will of the electorate. When discussing appointments however, meted out by Governors, to one of the most important political positions in the country, one cannot merely shudder and write it off as silly. Thankfully such minds as Douthat's and Larison's and many others are working hard to cast this as the dangerous societal tendency it seems to be becoming.
It's not "girly", writes Douthat of Marcus's moment of self-deprecation, it's an embarrassment.
Wednesday, November 26, 2008
Winter Reading List
Here, for example, are some texts that every Government concentrator at Harvard is required to study: The Declaration of Independence, The Articles of Confederation, Locke’s Second Treatise, The Federalist Papers, The Anti-Federalist Papers, Tocqueville’s Democracy in America, Tocqueville’s Ancien Regime, The Lincoln-Douglas Debates, Mill’s On Liberty, Arendt’s Origins of Totalitarianism, Thucydides’ Peloponnesian War.Happy reading!
Monday, October 13, 2008
What a.....
Mahoney, 52, paid former staffer Patricia Allen $61,000 — plus $60,000 in legal fees — after she threatened to sue him for sexual harassment and intimidation, the network reported, citing unnamed Mahoney staffers and Allen’s legal papers.
The congressman – who promised to restore honor and morality in a district rocked by revelations of Foley’s inappropriate behavior toward House pages – reportedly moved the 50-year-old Allen from a job in his office to a $50,000 position with an agency that handles his campaign advertising.