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Showing posts with label Declaration of Independence. Show all posts
Showing posts with label Declaration of Independence. Show all posts

Monday, January 21, 2013

"Today we continue a never-ending journey, to bridge the meaning of [the words of the Declaration of Independence] with the realities of our time."

The words President Obama had just quoted, in his Inaugural Address, were: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness."

More from the text of the speech:
For history tells us that while these truths may be self-evident, they have never been self-executing; that while freedom is a gift from God, it must be secured by His people here on Earth.  
God! God is well-represented in this speech. In addition to that "gift from God" (and "their Creator"), there's:
We are true to our creed when a little girl born into the bleakest poverty knows that she has the same chance to succeed as anybody else, because she is an American, she is free, and she is equal, not just in the eyes of God but also in our own....

We cannot cede to other nations the technology that will power new jobs and new industries – we must claim its promise.  That is how we will maintain our economic vitality and our national treasure – our forests and waterways; our croplands and snowcapped peaks.  That is how we will preserve our planet, commanded to our care by God....

My fellow Americans, the oath I have sworn before you today, like the one recited by others who serve in this Capitol, was an oath to God and country, not party or faction – and we must faithfully execute that pledge during the duration of our service....

Thank you, God Bless you, and may He forever bless these United States of America.
God is the source of our rights, God makes us stewards of the environment, public servants swear oaths to God, and the blessings of God are requested.

Obama also dealt with the question of federalism, the role of federal power. There are the things we do "together," he said, listing matters that call for uniform national policy: providing for "railroads and highways to speed travel and commerce," "schools and colleges to train our workers, regulation of the "free market... to ensure competition and fair play," "care for the vulnerable," and "protect[ion] ... from life’s worst hazards and misfortune."

But then he gives attention to some conservative ideas, "skepticism of central authority," rejection of "the fiction that all society’s ills can be cured through government alone," "celebration of initiative and enterprise," and "insistence on hard work and personal responsibility."

Turning back to the left, he asserts that "preserving our individual freedoms ultimately requires collective action." Collective action is needed "Now, more than ever," he says: "My fellow Americans, we are made for this moment, and we will seize it – so long as we seize it together." Made for this moment? That's an odd phrase, echoed later with "That is what this moment requires," which comes after vague references to "outworn programs, and the need to "harness new ideas and technology," to fix: 1. "our government," 2. "our tax code," and 3. "our schools." Nothing particularly "this moment" about any of that, so this "moment" theme fizzled. Maybe it was an incorporation by reference to his huge "This is the moment" speech from June 2008.

There's more to the speech — attention to the environment, national security, "our gay brothers and sisters," and so forth, and it finally comes back to the Declaration of Independence material. We need to "lift" our "voices... in defense of our most ancient values and enduring ideals" and "embrace... our lasting birthright... of freedom."

Wednesday, July 4, 2012

"Nothing of importance happened today."

Wrote King George III in his diary, July 4, 1776. Not. He didn't even keep a diary.

From a list of "10 Things You Didn't Know About the Fourth of July."

Happy 4th!

Also, a Meadhouse dialogue:
MEADE (singing): We carried you in our arms...

ME: Why are you singing "Tears of Rage"?

MEADE (talk singing): ... on Independence Day...

ME: Oh....
And here I was thinking he was reading about the Katie Holmes/Tom Cruise divorce, within which there's the topic of Suri getting carried everywhere. I'd just read: "Kids as young as five can be sent to the military like Sea Org. I’m guessing she can’t bring her child-heels or get carried everywhere, which is something Katie would not approve of."
Oh what dear daughter ’neath the sun
Would treat a father so
To wait upon him hand and foot
And always tell him, “No?”
That's what Bob asked, mysteriously. Who is this daughter who always says "no," but waits upon him hand and foot? She sounds pretty devoted. The opposite of a daughter who says "yes," but does nothing. I'm assuming the official Bob Dylan website erroneously placed the question mark inside the quotation mark.

Perhaps the song really is about Independence Day, and the daughter is the United States, carried in the arms of England....

Saturday, March 17, 2012

"Have academics really become so political that we are now required to write partisan pamphlets rather than scholarly treatises?"

Scott Douglas Gerber, commenting on the reaction he got to his book "First Principles: The Jurisprudence of Clarence Thomas."
[H]e received a note from a friend who wrote, “I think it is a very worthwhile venture, but one fraught with potential problems.”

"'What potential problems could there be?’ I asked myself upon reading this," Gerber said. "Has academia come to this? Have academics really become so political that we are now required to write partisan pamphlets rather than scholarly treatises? Note that this does not mean I am supporting Clarence Thomas; it does mean, however, that I am not against him."
By the way, I can't find Gerber's book on Amazon or in the iTunes bookstore. My Amazon search for the title turned up a bunch of mismatches, led by "Original Sin: Clarence Thomas and the Failure of the Constitutional Conservatives." Hmmm. [ADDED: The article at the link got the title of the book wrong, and Amazon's search tool isn't good at guessing its way around problems like that. Here's the book, which is called "First Principles," not "Founding Principles." Unfortunately, you can't get it in ebook form.]

Anyway, as the first link above shows, Clarence Thomas marks his 20th year on the Supreme Court this year. Oh, to have been blogging then!
Thomas’ critics strove to mischaracterize his views about the Declaration of Independence during his nomination process in 1991, according to Gerber.

“For example, Harvard Law Professor Lawrence Tribe wrote in a scathing “New York Times” op-ed that Thomas would use the Declaration to turn back the clock to the darkest days of the nation’s history. Quoting Tribe: ‘Most conservatives criticize the judiciary for expanding its powers, creating rights rather than interpreting the constitution. Thomas, judging from his speeches and scholarly writings, seems instead to believe judges should enforce the founders’ natural law philosophy… which he maintains is revealed most completely in the Declaration of Independence. He is the first Supreme Court nominee in 50 years to maintain that natural law should be readily consulted in constitutional interpretation.’

“What critics such as Tribe fail to appreciate was that Thomas was articulating the standard individual rights interpretation of the Declaration, an interpretation shared by Jefferson, Lincoln and Rev. [Martin Luther] King Jr.,” Gerber said. “To secure these rights, the Declaration proclaims, governments are instituted among men.”
Here's that Tribe op-ed in its natural habitat. If only blogging had been around back then, what would we lawprof bloggers have said? It's nice to have Gerber's book — except that it's impossible to get (in the sense that I can't download it into my computer right now. I do have a library!). But the ability to blog these things in real time is something that we now see as an essential check on liberal media. It's frightening in retrospect to think of the one-sided manipulations we simply endured back then.

I'll write a law review article — perhaps one thought — and it might come out in less than a year, if I'm lucky. Oh, but what if the law reviews are looking for "partisan pamphlets"?

Conservatives were boxed in, and blogging opened the box.

Monday, October 24, 2011

"Is America built on a lie?"

That's #1 on the "Most Popular" list at bbc.com. The actual title of the article when you click on it is: "Is the US Declaration of Independence illegal?"
[A debate in Philadelphia], presented by the Temple American Inn of Court in conjunction with Gray's Inn, London, pitted British barristers against American lawyers to determine whether or not the American colonists had legal grounds to declare secession.

For American lawyers, the answer is simple: "The English had used their own Declaration of Rights to depose James II and these acts were deemed completely lawful and justified," they say in their summary.

To the British, however, secession isn't the legal or proper tool by which to settle internal disputes. "What if Texas decided today it wanted to secede from the Union? Lincoln made the case against secession and he was right," they argue in their brief.
That's all very interesting and relatively sedate compared to: Is America built on a lie?

Monday, July 4, 2011

"[N]ew Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

Most likely!

Seems most likely...

That's almost devil-may-care! Are we playing the odds here?

What if some big project today, something much less momentous than an all-new government — let's say Obamacare — were presented on the theory that it seems most likely to make us safe and happy.

You'd scream no, wouldn't you? You'd blog/comment with derision and contempt at the dangerousness of radical change. Wouldn't you?

"[T]hey are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Among these...

So there are others.

What other inalienable rights would you like to call to our attention today?

"[A] decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."

Does a decent respect for the opinions of mankind ever impel you to declare anything?

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes..."

"... and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed."

"Reading The Declaration Of Independence Aloud..."

NPR does a nice job of.