Saturday, June 07, 2003

CONSTITUTIONAL ADVERBS

It's not the argument, it's the adverbs that are important. Two examples, one from the filibuster fight, another from the periodic congressional hot air surrounding flag burning:
And when the Senate does something that is plainly and patently unconstitutional--as it is doing by having a minority of its members impose a de facto requirement of a supermajority for judicial nominees to be confirmed whenever that minority subjectively feels that certain nominees are "extreme" or "controversial"--then the Constitution should and does trump any institutional loyalty to the Senate. (from Pejmanesque)

"While I respect the Courts desire to protect our first Amendment, the constitution clearly upholds the sanctity of the American flag by giving Congress the means to prohibit destruction of this sacred symbol" (from Tom Delay)


I love those words, "plainly," "patently," and "clearly."

I always tell my students that when they read words like this, they should underline them and then look for the weaknesses that they're covering up. Generally the weakness consists in asserting what it is necessary to prove.

And no, I'm clearly not being even the slightest bit hypocritical here. I mean, my arguments are so plainly free of polemic that I write these lines with a patently free conscience.


THOSE CRAZY EUROPEAN INTELLECTUALS

European intellectuals went on the offensive last week, but few people here seem to have noticed. Oh well. Not a peep in any of the major U.S. newspapers.

One of the shots fired was by Umberto Eco, published in La Repubblica. Anyone who can find a translation (into English, German or French) will get a gold star from me, and maybe even a beer. Adolph Muschg's contribution in the Neue Zuercher Zeitung is here (link from here).

For German speakers, Jan Ross's Die Zeit article on last weekend's offensive is worth a read, as is Roger Koeppel's contribution in Die Weltwoche. Both are strongly critical of the essays; in Ross's account, Habermas and Derrida are indulging in smug anti-Americanism and proto-(supra)nationalism, at the cost of missing the significance of the eastern European support for a U.S. campaign against a brutal dictator. Koeppel is even less kind and focuses on the financial crisis of the European welfare state.

A few thoughts can also be found at Maries Weblog and at this forum (both in German).

Next week I'll post the (expanded) second draft of my translation of Habermas and Derrida's article and probably also post selections from Ross's commentary, which is probably the best I've read so far.

MORE: Don't forget to see Josh Cherniss's thoughts here, here, and here.

MORE: See also more commentary and links at the blog Dormouse Dreaming, here.


ARGENTINE COURT FIGHT

For the latest round of fights over the Argentine Supreme Court, go to the articles in the Argentine Herald here, here, and here, and an article in La Nacion here. One tactic that critics of the court are considering is a reduction in the size of the court from nine justices back down to five.


Friday, June 06, 2003

LEARNING FROM OTHER COUNTRIES

Terrorism is a basic feature of modern life; we should learn from other countries' examples as much as we can.

Over the past year and a half I have often wished that I could somehow commandeer all the TV outlets and force everyone to watch The Lost Honor of Katharina Blum, a movie that depicts some of the dangers that grew out of the German war on terrorism in the 1970s. The particular story involves a young woman who gets romantically involved with someone who turns out to be a terrorist, and then is savagely demeaned in the press and in public.

Americans should think comparatively with respect to the war on terrorism for several reasons (and these operate on the most general level). First of all, we should realize that terrorism is in many respects the dark underside of modern life; most states have fought terrorism in varying forms at some point in the last century. Indeed, as Justice Thomas noted in his recent opinion in Virginia v. Black, the world's oldest and most successful terrorist organiztion is probably the KKK. All of these struggles against terrorism have produced literary, political, and artistic reflections on the phenomenon that can be used to guide us in our search for the correct balance between liberty and security. Start with "The Lost Honor of Katharina Blum."

Secondly, terrorism is a widespread phenomenon, states have responded to it in a variety of different ways, and some ways may be more useful than others. Listening to Ashcroft's testimony on the web yesterday, I was struck by how intently he wanted to argue that his particular plans for combatting terrorism would help to prevent it; the constant undercurrent of the discussion is that any different conception of what Justice should be doing is bordering in irresponsibility in the face of a grave, deadly, novel threat. But we shouldn't let this argument scare us into an uncritical acceptance of Ashcroft's policies. It is the most common thing in the world for agency heads to become advocates for increased powers for their agencies. Most agencies don't have the good fortune to be able to try to scare the bejeezus out of members of Congress, however. A comparative perspective on terrorism can help to put our problem in some kind of context.

Finally, comparative looks at terrorism policies can help to combat what seems to me to be a natural American parochialism, one that even lurks in what might initially be presumed to be surprising places (such as law or political science). A recent essay by Noah Leavitt in Findlaw, for example, attempts to use Peru's recent experiences combatting terrorism to stake out some general principles that should guide our own efforts. The lessons seem to me to be very interesting -- go read the article. Eric Muller claims that it is "absurd" to try to invoke Peru as an analogy with relevance to U.S. efforts, but unfortunately (and surprisingly) he does not provide an argument to that effect; one is left with the impression that Muller's argument is, well, it's Peru (I mean, it's in South America!), and therefore can't be relevant to us. I admire Prof. Muller's writings (on and off line), but I have to say that I'm really puzzled as to why any analogy with Peru is obviously misleading; but maybe I'm missing something.

Look, modern countries have to fight terrorism. It's something that they do. We've been doing it for years as well. Let's learn as much as we can about the phenomenon.


SELL YOUR PAPRIKA FUTURES NOW

Farmers in Zimbabwe will grow paprika instead of tobacco, according to this article from the Financial Gazette.


A GREAT POST ON SOSA

This post on the significance of Sosa's corked bat is worth a read. It's got some links on the actual effect of corking, and it also ends on an appropriately skeptical (but not unhopeful) note. So far I haven't met too many people who are convinced by Sosa's claim that he just picked up the wrong bat.


YOUR PLACE OR MINE?

If you're going on the prowl tonight, sharpen up your partner-attracting skills over at Oxblog.

If you live in New Haven, CT, or Cambridge, MA, or other geeked-out places, and you go to the right bars, these lines might give you an edge.

Or not.


MORE HABERMAS AND DERRIDA

The essay that Habermas and Derrida published last weekend in FAZ is a bit thin, and probably it's wise to read more of the full text of the essay before going too far with it. And I definitely could have done a better job with the translation that I give below -- it's a first draft with a few errors that have already been pointed out by a few kind friends. Josh: the German is better than it would seem from my English rendering. But I hope that the main arguments are still visible under my translation.

The essay is supposed to be a kind of broad statement of principle, I gather, rather than a detailed plan. And at that level I think it probably succeeds.

One reason why the article succeeds is because it does present an attractive vision of the guiding spirit of European politics. For my part, living in a small post-industrial town that clings to the edge of Lake Ontario, in a state that is losing its population and more quickly losing its remaining jobs, and getting more and more steamed about what seems to me to be the divisive class warfare being waged by the Bush administration, I have to admit that I find the arguments compelling in a general sort of way. Whatever the weaknesses of the European welfare state -- and Josh Cherniss is definitely right to point out that Habermas and Derrida are glossing over some serious fiscal problems here -- it does express an attractive understanding of basic principles of justice, and it is appropriate to describe these principles as having been won by a process of collective self-determination. Moreover, both Josh and I are attracted to the idea of "reflective distance," although he adds the comment that this seems not to be a general principle of European behavior (as in the German penchant for smug moral superiority? Maybe). I think that Habermas and Derrida are making a stronger point: experience in having used military power abroad, having lost colonies, and having to deal with the complexities of postcolonial politics does lead to a welcome caution with respect to European willingness to project force abroad. And the kicker is that this does not mean that Europeans are reluctant to provide troops and material for multilateral operations. But it would be hard to imagine the Europeans getting into the same kind of problems that we are in the very process of getting into with respect to both Afghanistan and Iraq, problems that occur at the intersection of overwhelming force, terrorism-related and media-induced anxieties, short attention spans, short electoral cycles, and deficit politics. In their broad statement of principle, it makes sense for Habermas and Derrida to call attention to such basic political and moral facts even if they seem relatively commonplace.

As for the question of the hidden parochialism of enlightenment cosmopolitanism: maybe. But it seems to me that there are currently two versions of enlightenment cosmopolitanism on offer today: the U.S. version and the (sketchy) European version. The U.S. version of enlightenment cosmopolitanism seeks to establish two things: universal markets and universal terror-free zones. Barring the second, the U.S. will now settle for a global military influence that can easily be converted into dominance in almost all relevant points on the globe. The European version as articulated by Habermas and Derrida, at least as hinted at here, is committed to building effective international political organizations (something not present in the U.S. version in its current iteration). And it also at least recognizes that eurocentrism is a problem -- also not present in the U.S. version, which under the current dispensation would probably dismiss such pleasantries as moral bankruptcy.

The point of the essay is clearly not primarily to make an argument. The point is to raise to collective European consciousness the possibility of a common approach to foreign policy and to paint as attractive a picture as possible of that policy. They're attempting to convince Europeans to claim a certain kind of policy as their own, as something that is already their own. As such the essay is rhetorically quite stunning, if nothing else.

To fill in the dots a bit on what kind of vision Habermas has, read this slightly meatier article in the Hindu. Habermas's English is a hell of a lot better than my version of his (and Derrida's) English. By way of critique of U.S. policy, Habermas offers the following lines:

In the technologically supreme and heavily armed superpower's fear of terrorism, one can sense a "Cartesian anxiety" — the fear of a subject trying to objectify both itself and the world around it; trying to bring everything under control.

Hard to argue with that, really. The rest of the essay is worth a read.

MORE: The Hindu article is linked at this interesting roundup of world news.

MORE: For a more complete version of the article, in French, go here. Link via The Agonist discussion board.


Thursday, June 05, 2003

FCC RULING AND BIBLICAL PROPHECY

The antichrist needs media concentration. The end times are coming. Check it out.


SENSENBRENNER'S HOMEROOM

Just before Ari Fleischer announced his resignation, a frustrated reporter, expressing dissatisfaction with Fleischer's rigidities and stonewalling, told him that "this is not homeroom, Ari" or something like that.

I keep waiting for one of the members on the House Judiciary Committee to tell Sensenbrenner the same thing. He's trying to run a tight ship, but he really just looks like he's trying to shield Ashcroft, stifle the Democrats, and follow some rigid idea of what a committee hearing should look like. Perhaps Reps are beginning to enjoy lording it over Dems in committees. I don't want to be unfair to Mr. Sensenbrenner, of course. But the Reps keep lofting softballs in Ashcroft's direction, and Dems keep wanting to press him, but Sensenbrenner has set it up so that, individually, they can't follow up on anything.


ASHCROFT TESTIMONY

When the OIG says that there have been cases of abuse, and you investigate 14 of 18 cases of abuse but find that exactly zero cases (so far) merit criminal charges, what has the response to the OIG report been? Or, to put it another way, if the OIG shouts into a forest and no one is punished, has he made a sound? I'm not an expert on this issue, so I don't really know how often criminal charges are brought pursuant to OIG reports. (Testimony is on C-Span)


MOELLEMANN DIES IN PARACHUTE JUMP

Juergen Moelleman apparently committed suicide today during a parachute jump. He had just lost his immunity in an investigation into charges of tax evasion.

MORE: BBC has a good obituary here.


Wednesday, June 04, 2003

CONGO

EU is sending troops. Good. We should help out. Is there much more to say here, aside from noting what an awful situation this is?

MORE: That was too cavalier, unintentionally so. Of course there is a lot to say about the situation; but as far as being a pretty clear case where humanitarian intervention is justified, I don't think there can be any argument. And it's a bit shocking that the administration has, as far as I know, been pretty quiet on this issue, even though it has committed itself to focusing on Africa.

MORE: The Canadians may be getting into the act, as this CBC story reports (thanks, Willem).


BAD TIMING FOR SAMMY, AND FOR CONGRESS

Sammy Sosa's corked bad comes at a bad time for Congress. On Monday, the House voted to congratulate Sosa for his 500th home run. Here's the text of the bill:

H. Res. 195

In the House of Representatives, U.S.,

June 2, 2003.

Whereas Sammy Sosa of the Chicago Cubs hit a home run in the seventh inning on Friday, April 4, 2003, against the Cincinnati Reds at the Great American Ball Park;

Whereas his home run was the 500th of his career, making Sammy Sosa only the 18th player in major league history to reach the mark and the first Latino to accomplish this outstanding feat;

Whereas Sammy Sosa's achievement is one of the most impressive and difficult to accomplish in baseball history, placing him in the very select company of the greatest home run hitters of all time, including Hank Aaron, Babe Ruth, Mickey Mantle, Willie Mays, Mel Ott, and Ernie Banks;

Whereas from his first home run off Roger Clemens in 1989 to today, Sammy Sosa has awed us with his ability and athletic prowess on the field and his dignity and selflessness off the field;

Whereas Sammy Sosa has showed us how powerful the combination of discipline and desire can be;

Whereas throughout his record-breaking career Sammy Sosa has embodied the talent, exuberance, team-spirit, and determination that Americans associate with the very best qualities of sports and athletic competition;

Whereas throughout the intense media scrutiny and public attention that has accompanied his historic career, Sammy Sosa has consistently conducted himself with modesty and humility that has been an inspiration to all Americans; and

Whereas as a native of the Dominican Republic, Sammy Sosa has proven to be an outstanding role model and source of pride for all residents of his native country, as well as all Latin Americans and all immigrants to the U.S. from across the globe: Now, therefore, be it

Resolved, That the House of Representatives congratulates and commends Sammy Sosa of the Chicago Cubs for his amazing accomplishment and thanks him for tearing down barriers for Latinos around the world, for being a role model and an inspiration, and for letting us dream as big as our hearts will allow.


Here are the vote results and some speeches in praise of him.

What a downer.


OIL AND WAR AND WOLFOWITZ

Wolfowitz seems to have admitted that oil was the main reason for the war against Iraq. (Link via SK Bubba, who got it from this cool site; see also Daily Kos).

I went to the original article in Die Welt and found the original article and the original quote, and it seems to be pretty damning, if it's accurate, but I don't want to ride this too hard. The paper reports that at an asian economic summit at which questions about North Korea were being raised, Wolfowitz attempted to outline the difference between the U.S. approaches in Iraq and in North Korea:

"Betrachten wir es einmal ganz simpel. Der wichtigste Unterschied zwischen Nordkorea und dem Irak ist der, dass wir wirtschaftlich einfach keine Wahl im Irak hatten. Das Land schwimmt auf einem Meer von Öl."

Let's look at it very simply. The most important difference between North Korea and Iraq is that we simply had no choice, economically, in Iraq. The country swims on an ocean of oil.


It is at least possible that Wolfowitz was trying to calm the fears of representatives from Asian states here; he may just have been reassuring them that North Korea will not be the target of a military action. This is probably a very important task for members of the administration right now. And, in addition, given that we don't have the full speech, it was at least possible that Wolfowitz was arguing that if Iraq had WMD's, the fact that it was also an oil state is relevant for whether or not military action is necessary. However you slice it, though, it's not a great quote. I want to see the original transcript before I give in to my own fears in this direction.

MORE: Kevin Drum is on to this one, and it looks like there are simple translation problems here. See his post for the official version of Wolfowitz's comments, which indicate that for Wolfowitz the real difference is that Iraq wasn't liable to economic pressure because of its oil reserves.

MORE: My friend Mr. Gould, Tocqueville-scholar and democracy promoter extraordinaire, calls the Guardian's coverage "egregious." He may be right; is it too much to ask for them to check up on their sources before they take a quote third hand (i.e., into German at Die Welt, then back into English)?

AND STILL MORE: The Guardian apologizes, and others do, too. This must have just seemed like a story that was too good to pass up, and it turns out to have been too good to be true. Oh well.

At the end of the day, probably the strongest arguments regarding Iraq are going to be that the policy hasn't worked very well even measured by its own goals. . .


VAJPAYEE BOWLS A GOOGLY

That's the headline: "Vajpayee bowls a googly." [Actually, it's not the headline, it's the opening line. But I'm still not sure what it means.]

MORE: Two responses: Chris writes that "Googly is a cricket term that is now used in Indian English a lot to denote
a situation where someone does something totally unexpected," and he gives us this link. Mr. Gould notes "'Bowling a googly' is a cricket expression. It basically means that he 'threw a curve-ball.'" Thanks for the tips, guys.


Tuesday, June 03, 2003

HABERMAS AND DERRIDA IN ENGLISH TRANSLATION

Over the weekend, Habermas and Derrida published an essay that outlines their vision of a common European foreign policy. Excerpts from the letter are available in German here. Read my post here, and an article here (link via political theory daily review) Read Josh Cherniss's perceptive post here (which I'll have something to say about later).

Finding no translations of this essay, I made one myself, at least of the portions already available on the web. It's rough, and I'm open to corrections. I'll omit the usual italics. Ellipses mirror the original selection. Here it is (hope this isn't illegal):


* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

AFTER THE WAR: THE REBIRTH OF EUROPE. Juergen Habermas and Jacques Derrida. Excerpts published online May 31, 2003, Frankfurter Allgemeine Zeitung.

We should not forget two dates: the day on which newspapers informed their readers of that staggering expression of loyalty to Bush to which the Spanish prime minister invited those European governments who were willing to go to war – invited behind the backs of their other EU colleagues; and the 15th of February 2003, the day on which the demonstrating masses in London and Rome, Madrid and Barcelona, Berlin and Paris reacted to this surprise attack. The simultaneity of these overwhelming demonstrations – the largest since the end of the second World War – could appear in retrospect, in the history books, as a signal for the birth of a European public [Oeffentlichkeit].

During the heavy months before the beginning of war in Iraq, a morally obscene division of labor spewed forth [OK, this is odd, but, hey, it's a first draft!]. The massive logistical operation produced by the unstoppable military advance and the hectic work of the humanitarian aid organizations fit together, precisely, like the teeth of a cog. The events unfolded also before the eyes of the population that would, robbed of any ability to respond, become their casualty. There is no doubt: the power of feelings brought Europe’s citizens to their feet. At the same time, however, the war showed the Europeans that their common foreign policy had begun to fail long ago. As in the rest of the world, the casual violation of international law ignited in Europe a dispute over the future of the international order. But the divergent arguments cut us deeper.

. . .

The [European] constitution will present us with a European foreign minister. But what good is a new office as long as the [European] governments can’t unite around a common policy? Even if Fischer has a new position he will still be as powerless as Solana. In the meantime, only the core states of Europe are prepared to give the EU properties that make up a state. What should be done when only these same countries are able to agree on a common definition of “their own interests”? If Europe is to avoid falling apart, these countries must use the mechanisms of “strengthened cooperation” that were decided upon in Nizza [read: Nice (thanks, Willem!)], to begin fashioning, in a “Europe with different speeds,” a common foreign policy, a common security policy, and a common defense policy.

If that happens, there will be a centrifugal [should read, "centripetal'*] force that the other member states won’t be able to resist in the long run – at least those states in the Euro-zone [i.e. that use the Euro as common currency]. In the context of the future European constitution, separatism should not, must not exist. But proceeding in this context does not mean “excluding.” The core Europe of the avant-garde must not harden into a “little Europe” [Kleineuropa]; it must, as it has often done, be the locomotive.

. . .

It won’t pay, in this world, for politics to deal exclusively in the silly and costly alternatives of war and peace. Europe must apply pressure in the international arena and in the context of the UN, in order to provide balance to the hegemonic unilateralism of the United States. At world economic conferences, in the World Bank and the IMF, Europe should use its influence to bring about the formation of a future “world domestic policy” [Weltinnenpolitik].

. . .

Are there common historical experiences, traditions, and achievements, that can help create the consciousness of a political fate [Schicksal] that will be felt by all and formed by all? An attractive – even infectious – “vision” of a future Europe will not fall from heaven. Today such a vision can only be born of the unsettling experience of helplessness. But it can also result from the [inner] distress caused by the current situation, in which we Europeans are thrown back on ourselves. And it must be articulated in the wild cacaphony of a public with many voices. If up to now this topic has not made it on to the agenda, we intellectuals have failed.

It is easy to agree on things that have no binding force. All of us imagine a peaceful, cooperative Europe that is open to other cultures and capable of dialogue. We remind ourselves [begruessen – literally, greet] that in the second half of the 20th century, Europe has found prototypical solutions for two problems. The EU presents itself as a form of “governing beyond the national state,” that could serve as an example as a post-national constellation. For a long time the European welfare state was also an example for others. At the level of the national state, however, it has been forced into the defensive. But the level of social justice that the welfare state has attained should not be abandoned in any future politics of the taming of capitalism. Why shouldn’t a Europe that has solved such enormous problems also take on the challenge of developing and defending a cosmopolitan order on the basis of international law?

. . .

Today we know that many political traditions that claim authority by virtue of being natural, in reality are “discovered.” In contrast to those, a European identity born in under public scrutiny would appear constructed from the very start. But only that which is constructed by arbitrary will [Willkuer] is flawed by virtue of being arbitrary [Beliebigkeit]. A political-ethical will that operates through the hermeneutics of the processes of self-understanding is not an arbitrary will. The difference between those inheritances that we accept and those we reject requires as much prudence [Umsicht, also circumspection] as the decision regarding the variations in how we take on our inheritance. Historical experiences require a conscious appropriation if they are to have identity-creating power.

. . .

In Europe, the class differences that have had such long-term effects have been experienced by those subject to them as a fate that could only be dealt with through collective action. Thus, in the context of the workers movements and the Christian-social traditions, a solidaristic ethos that seeks equal care for all as well as the fight for more “social justice” has won out over an individualistic ethic of the justice of individual achievement [Leistungsgerechtigkeit] that accepts crass social inequalities.

Europe today is characterized by the experience of the totalitarian regimes of the 20th century and by the experience of the Holocaust – the persecution and annihilation of the European Jews, in which the National Socialist regime also involved countries that it had conquered. The self-critical confrontation with this past reminded us of the moral foundations of politics. A heightened sensitivity for injuries to personal and bodily integrity finds expression, among other things, in the fact that the European council and the EU require applicant states to renounce the death penalty.

A bellicose past involved all European nations in bloody confrontations at one point or another. From the experiences of military and spiritual mobilization against each other, they drew the conclusion that they should develop new, supranational forms of cooperation. The history of success with respect to the European Union solidified the conviction among Europeans that the domestication of state power requires a mutual restriction of spheres of sovereignty also on the global level.

Each of the large European nations experienced the flowering of imperial power, and – more importantly for our context – they also had to work through the experience of losing empires. This experience of decline was combined in many cases with the loss of colonies. As imperial power and colonial history recede into the past, the European powers have been able to adopt a stance of reflective distance to themselves. Thus they could learn to perceive themselves, through the eyes of the conquered, in the doubtful role of conquerors who are being called to account for the violence of a forced, deracinating modernization. That could promote the rejection of eurocentrism, and perhaps it has given wings to a kantian hope for a world domestic policy.

* * * * * * * * * * * * * * * * * * * * * * * * * *

*NOTE: I blew the translation here, sorry. The German is "Sogwirkung," which means centripetal. Sorry about that.


POL THEORY PICK UP LINES

I've been trying to work the phrases "nasty, brutish, and short," "hermeneutics," and "Dasein" into pithy and irresistable phrases for Josh, but haven't come up with anything yet. I already submitted a few entries, though, which I will reveal only after Waldorf speaks later this week. . .


ACKERMAN ON ALERT SYSTEM, ETC.

Bruce Ackerman's argument is very sensible: Homeland Security should ditch the alert system.
We are manufacturing a culture of fear. The Homeland Security Department has every incentive to put the nation on alert lest an attack catch it flat-footed. National news organizations have every incentive to transform any incident into the biggest ongoing story of the decade. It is time to call a halt to this cycle. Unless the Homeland Security Department has real evidence pinpointing particular targets, it should keep its anxieties to itself

The whole article is sober and worth a read, and follows the lines of argument by Rittenhouse and others. Link via HA.


THE WAY IT'S SUPPOSED TO WORK

Senators are apparently responding to the public outcry over the recent FCC rule change (link from Daily Kos). This is good, and it's probably the way bureaucratic rulemaking is supposed to work at the independent regulatory agencies: a divided but relatively balanced body solicits public comments, and if the decision becomes controversial, they can call the shots as they see it but the outcry alerts Congress to the issue. If the whole thing works well, then members of Congress will take up their responsibility and write a new statute in response to the public pressure. So, we'll see what happens.

Imagine if courts worked in a similar way: a complex issue gets litigated, everyone acknowledges that there are partisan differences in the way the decision falls (no hand-wringing about the fact that fault lines of dissent also correspond with party lines), the public is asked to comment, and Congress responds to the public outcry in some fashion. This wouldn't work with all issues, of course, but it is, ultimately, a sane way of dealing with difficult issues. From this perspective, one main difference between the justifications for the FCC's decision and the justifications for a decision on abortion, say, are that the policy implications are front and foremost in the public discussion, and very few people are worrying about the sacredness and hallowness of the institutions or their particular decisionmaking procedures. Another is that courts believe (and the public also tends to believe, I gather) that they are the unique guardians of constitutional values, whereas the members of the FCC see themselves as acting in a dense environment structured by the authority of other actors (courts and Congress in particular). Courts can do this if they choose as well, however.


Monday, June 02, 2003

PUG-O-LYPMICS

5th Annual Prairie Pugs Spring Fling. Link from Anita.


Pugs racing, or something.

Picture from Chris Lansberger, The Topeka Capitol-Journal.


WMD SPIN-O-RAMA

Rittenhouse is on target: "Truth matters. Credibility counts." Not so long ago we had a little impeachment party as a nation because of a lie in an investigation of a civil matter; this impeachment party was helped along by a crappy statute that was used and abused and has since been abandoned because the whole thing had just gotten too outrageous. Too outrageous for most people, that is.

Now we have an administration that hasn't been able to show us the goods with respect to the declared reason (whatever the real reasons) for a war in which we sacrificed our "blood and treasure" as the saying goes. We hear that Colin Powell thought the evidence was, and I quote, "bullshit." We have a high-ranking official who cites "bureaucratic convienience" for the public rationale for the war. And we have indications that the French may have been right all along (link via Le Show).

Perhaps the WMD's were there, but are now gone (because they are now in the hands of other people who want them), and then the argument that war would create chaos and allow WMD's to spread was correct. Or perhaps the WMD's were not there. If they were not there, the administration either was lying (and the war was fought for other reasons that weren't as defensible) or they were acting on limited information and just made an error.

Maybe WMD's may still be found. But since there is now a serious credibility problem with respect to WMD's, if we're really looking for them, then we should ask for international help in finding them. I'm not quite sure how the administration can accomplish this without looking really foolish, but they should do it anyway, as an admission of the fact that the rest of the world will find international efforts more credible.

Unless the whole point of the war was bravado -- the ability to show that we are willing to go to war even when the evidence is not all that great, in order to scare the bejeezus out of countries that we're afraid of or want to pressure -- and then the WMD's really are irrelevant, and everything is going pretty much according to plan. That idea scares me, actually.


JUSTICE AUDIT OF POST 9/11 DETAINEES

It's good that this study has happened, and the stories are a national shame no matter how you cut it. Read the WaPo article here. Here's a quote:
The report said immigration authorities did not tell the detainees of the charges against them within normal specified time frames, affecting their ability to understand why they were being held, and limited their ability to obtain lawyers.

In addition the Justice Department implemented a policy of holding the detainees until they were cleared by the FBI.

. . .

Instead of taking just a few days as first expected, the clearance process ended up taking an average of 80 days.

The slow process also affected the detainees' confinement, particularly at the Metropolitan Detention Center in Brooklyn. Until they were cleared, the 84 foreigners at that facility were held under highly restrictive conditions.

For example they were locked in their cells for at least 23 hours a day, moved in handcuffs and leg irons and allowed only one legal telephone call per week and one social call per month. In Brooklyn, prison officials kept two lights on in the detainees' cells 24 hours a day and subjected them to verbal and physical abuse.


This isn't some unsubstantiated charge. It's the result of Justice's own internal investigaion. And the responses from Justice Department spokeswoman Barbara Comstock are insufficient, at least as they are reported by WaPo:
"We make no apologies for finding every legal way possible to protect the American public from further terrorist attacks."

Everything can be justified with the claim that it is intended to "protect the American public." But those who take on that responsibility also have a responsibility to engage in actions that make sense, are humane, respect due process, and represent an intelligent allocation of law enforcement resources. There is no excuse for physically abusing people for no other reason than the fact that they happen to be placed in a particular bureaucratic category ("potential terrorists"), especially given the questionable origins of that category.

MORE: The OIG report is available at this page (PDF file is here, press release is here). The text of DOJ's response is here.


POOR ROGER!

Well, not really. Again, I'm not bitter or anything.


ACS ALL-STARS

Take a look at ACS's blog. It's got some cool contributors.


PAUL ELISHA

I heard his March 27th comments today while driving through the verdant hills of Western MA. A taste:
Will not a single reporter for the once- independent-now-indentured fourth estate, the once-vaunted-now-cringing commercial pap peddlers who call themselves ‘news media,’ who fawn on the President and his satraps for crumbs and even help to parlay hand-fed fictions, like the whole-cloth canard about the staged rescue of a young woman in our armed forces, not wounded as her superiors reported but accidentally injured and given care and medical aid by sympathetic Iraqi captors. Will not one repentant distortionist among our own media give us the straight story? Must we, like enslaved eastern Europeans did for decades, depend on outside sources for the truth?

It's necessary for folks in the U.S. to go to foreign sources to get good news. Never thought much about the parallels to other countries in which that has also been true; I figured it was just a function of American parochialism. I'm less and less sure of that explanation now.


Sunday, June 01, 2003

HABERMAS AND DERRIDA'S FELDZUG*

Juergen Habermas and Jacques Derrida greeted President Bush with a piece in yesterday's Frankfurter Allgemeine Zeitung in which they call for a common European approach to foreign affairs -- or, as the authors put it with explicit reference to Immanuel Kant, a "world domestic policy" (Weltinnenpolitik). Habermas and Derrida see this piece as a counterpoint to the letter signed by Aznar, Berlusconi, Havel, et al. on January 31 of this year supporting Bush's pressure on Iraq, a move which they call "an expression of loyalty to Bush. . .to which the Spanish prime minister invited -- behind the backs of the rest of Europe -- the other European governments who were willing to go to war."

The full text of the essay isn't available on FAZ's site, but the selections indicate the following arguments:

  • Europeans must try to provide "balance" against the "hegemonic unilateralism of the U.S." How precisely this is to be done is not clear, but pressure through international bodies including the U.N. seems to be the main means.

  • Europeans should aim high: the guiding idea should be the creation of a Kantian "cosmopolitan (world) order on the basis of law." Europeans should take heart at the fact that they have already solved two important modern political problems: supranational political order (through the E.U.) and social justice (through the European welfare state).

  • WWII taught the Europeans that national sovereignty must sometimes be restricted in order to restrain military power as well.(This of course is the exact opposite of the lesson that the U.S. seems to have learned, or is now claiming that it has learned, from WWII.)

  • The experience of working through decolonization has taught Europeans to adopt a stance of "reflective distance" to their own uses of power. This point of view -- which also allows them space to consider the perspective of the colonized -- should be seen as a critical resource in building a more humane global society.


In today's Tagesspiegel, Richard Herzinger reviews (rather bitterly) Habermas and Derrida's essay, along with several other recent attempts by prominent intellectuals along the same lines -- including Richard Rorty -- here. Herzinger's main complaints are that the essay is long on abstractions and short on politics. Herzinger castigates Habermas for ignoring the recent French and German missteps that (in his opinion) led to the split of "the Eight" and ultimately to European powerlessness vis-a-vis the U.S. in the first place; in particular, he wonders how extensive Schroeder consulted with his European colleagues before he gave a flat "no" to war in Iraq, and what, if anything, legitimates the French assumption of leadership in this issue. Herzinger is pointing to two very important weaknesses in any common European search for a future foreign policy: German domestic turmoils (which most people agree heavily influenced Schroeder's aggressiveness on the anti-war issue) and French pride.

Habermas and Derrida read the huge anti-war demonstrations on February 15th as a sign of the "birth of a European public [Oeffentlichkeit]." Rorty does the same (see below). Maybe they're right. With Herzinger, I'm not sure that these demonstrations should exempt Schroeder from criticism, however.I have defended Schroeder's opposition to Bush here in the past, but I think it's probably a bit too far to claim, as Habermas seems to be doing, that Schroeder was acting as an agent in some kind of Europe-wide "learning process" with respects to standing up to American power; his motives were almost certainly focused on domestic political gain, and there is perhaps some truth to the claim that he could have been more diplomatically adept, even if, as I said earlier, I'm not sure this would have mattered all that much to Bush.

Rorty's essay from the Sueddeutsche Zeitung this weekend is here. In a reaction to Habermas and Derrida's essay, Rorty (rightly, to my mind) calls upon Europeans to resist the Bush administration's attempts to pursue a divide and conquer strategy with Europe. Rorty claims that the European attempts to resist Bush could serve as inspiration for Americans who also believe that the present administration is leading the country down the wrong path.

I'll post links to english versions of these essays as soon as I find them.

*Feldzug (from the Oxford German-English Dictionary): (Milit., fig.) campaign.