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Monday, May 7, 2012

"Ponchos and sombreros: Partygoers don ‘insensitive’ attire despite student efforts."

Imagine! Student efforts failing to sear prick the conscience of the Mifflin Street Block Party people.

The student group that wants respectful seriousness and no horsing around on the subject of Cinco de Mayo calls itself Badgers Against Racism... or "BAR."

IN THE COMMENTS: pduggie said:
"sear the conscience" is the opposite of what you mean.

To have a seared conscience is to have one that is locked out from all claims of injustice.

I think you mean wound or prick.
He refers me to the New Testament, 1 Timothy:
1The Spirit clearly says that in later times some will abandon the faith and follow deceiving spirits and things taught by demons. 2Such teachings come through hypocritical liars, whose consciences have been seared as with a hot iron. 3They forbid people to marry and order them to abstain from certain foods, which God created to be received with thanksgiving by those who believe and who know the truth. 4For everything God created is good, and nothing is to be rejected if it is received with thanksgiving, 5because it is consecrated by the word of God and prayer.
I stand corrected. Prick is a much better word.

And by the way — I'm sure I'm not the first person to notice — there's a nice biblical argument for same sex marriage. St. Paul contemned the bad religionists who "forbid people to marry," and — right at that point — said "For everything God created is good, and nothing is to be rejected if it is received with thanksgiving." Did God not create gay people?

Here we are "in later times." Is your conscience seared or pricked?

AND: Though I've read the New Testament many times (though mostly the Gospels), my experience with searing the conscience is overwhelmingly from something written by Felix Frankfurter, in a passage I've used repeated in my constitutional law classes. The case is Baker v. Carr — a great Warren Court landmark — and Justice Frankfurter articulates what is, to me, the most memorable statement of judicial restraint in the Supreme Court reporters:
We were soothingly told at the bar of this Court that we need not worry about the kind of remedy a court could effectively fashion once the abstract constitutional right to have courts pass on a statewide system of electoral districting is recognized as a matter of judicial rhetoric, because legislatures would heed the Court's admonition. This is not only a euphoric hope. It implies a sorry confession of judicial impotence in place of a frank acknowledgment that there is not under our Constitution a judicial remedy for every political mischief, for every undesirable exercise of legislative power. The Framers, carefully and with deliberate forethought, refused so to enthrone the judiciary. In this situation, as in others of like nature, appeal for relief does not belong here. Appeal must be to an informed, civically militant electorate. In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people's representatives. In any event, there is nothing judicially more unseemly nor more self-defeating than for this Court to make in terrorem pronouncements, to indulge in merely empty rhetoric, sounding a word of promise to the ear sure to be disappointing to the hope.
I'm quite shocked to discover Frankfurter misused the phrase! But then — did you know? — English was a second language for Felix Frankfurter, who was born in Vienna.

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