Antonin Scalia Professor, Harvard Law School

Author: Stephen Sachs (Page 14 of 25)

Let justice roll down like waters… There’s an interesting NYT profile of Joe Lieberman this morning, which paints him as a man too principled and genial to win the Democratic nomination. But what I found particularly interesting was this:

“He’s a kind of rara avis,” said Colin McEnroe, a writer and the host of a drive-time talk radio show on WTIC-AM in Connecticut who has known Mr. Lieberman since the 1970’s. “What you have in Joe Lieberman is a guy who was shaped by the 60’s, who marched with Martin Luther King, whose beliefs were forged in the crucible of being at Yale in a time of social change.

“You’ve got all that, but that’s fused with–he’s an Orthodox Jew. And there are things that go along with that that are perhaps more conservative in nature. You can’t look at Lieberman the way you would look at some other Democrat of a comparable age and lineage. He’s a different guy. He believes in the dream of Martin Luther King, but he also believes in the Old Testament.”

Hmm… Martin Luther King and the Old Testament. What an odd combination. Who else might fall in that category?

I have a dream today.

I have a dream that one day down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification — one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today.

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed and all flesh shall see it together.

Another interesting point: for all the accusations of being “Bush lite,” Lieberman was rated one of the most “socially liberal” senators by National Journal in 2002.

Exchange of values: I’m still not sure what to think about the Cuban embargo. While I’m sure that Castro’s regime deserves to be sanctioned, I worry that the ban on trade and tourism may be hurting the wrong people, and perhaps even solidifying Castro’s hold on power. Some evidence for the benefits of commercial exchange is provided in today’s New York Times:

The need to leave Cuba crystallized for Mr. Valdés this summer, he said. After returning from a tour in Spain, he went to Varadero Beach, a resort east of Havana. While there, he said, he could not rent a scooter because they were available only to foreign tourists. Embarrassed and frustrated, he asked a Cuban-American from Miami, who happened to be at the same resort, to rent the scooter for him.

“There I am, a Cuban, a worker, from a good, responsible family, and I can’t rent a scooter in my own country,” Mr. Valdés said, suddenly angry, his voice rising at the memory. “And this man from Miami, who maybe left in a raft the year before, gets to do whatever he wants in Cuba and he is treated as a señor. I knew, then, it was time to leave.”

It’s telling that the movement to build a classless society in fact erects the most rigid divisions between the haves and the have-nots. Perhaps bringing the two into closer contact will make people start to wonder why.

The Hollywood Conspiracy: After vigorously criticizing writer Tariq Ali on this site, I decided to borrow his book The Clash of Fundamentalisms from a friend, to see if I had been unduly harsh. I haven’t finished reading it yet, but bizarre paragraphs like this don’t exactly inspire confidence:

After 11 September there was much talk of re-entering Somalia to avenge the debacle of 1992. On 17 October 2001 a meeting of Hollywood chiefs ‘committed themselves to new initiatives in support of the war on terrorism’ [sic–the source is not indicated]. The first of these is a disgusting, racist, $90 million film, Black Hawk Down, whose design is embarrassingly obvious: to stir primitive patriotic sentiments to justify a war in Somalia if it becomes necessary. Its washington premiere was graced by Defense Secretary Donald Rumsfeld and veteran war criminal Oliver North. (p. 281)

While we’re on the subject of the “embarrassingly obvious,” we might note that the aforementioned Washington premiere took place on Dec. 18, 2001. So, had a $90 million film really been planned, cast, filmed, and distributed in only two months? Of course not–the publicity machine was already up and running in February, seven months before 9/11 and well before director Ridley Scott had joined the conspiracy to re-invade Somalia. (And the bestselling book had been published in 1999.)

I’ll reserve judgment on the book as a whole, but it still surprises me that the most elaborate conspiracies are proposed when the facts are easiest to check…

At Last, Good News on Trade: I’ve often wondered why the Bush Administration was willing to burn up America’s political capital abroad on an issue as trivial as steel tariffs. (It’s not like there’s a war going on, or anything.) But today the NYT reports that the White House is ready to roll the tariffs back, using the WTO’s ruling against them as political cover.

Avoiding a needless trade war with our allies is obviously a good thing–especially when we need their cooperation and good will on so many more important issues. But although I like the result, I don’t like the implications of a “WTO made me do it” repeal–by painting our international agreements as the villain, it can only diminish popular support for free trade, along with the credibility of our trade commitments abroad. (Of course, if Rep. Dick Gephardt (D-Mo.) ends up as the Democratic nominee, we’ll soon have two protectionists running for President…)

What is the late November doing? Last spring, I attended a lecture series for several weeks on T.S. Eliot’s Four Quartets. I had read the poem for the first time in high school and again in college, after a class on the Divine Comedy, and had always found it worthy of study. My life has also followed Eliot’s to some extent–like him, I came from St. Louis via Boston to Merton College, Oxford. (J. Alfred Prufrock was in fact the name of a St. Louis furniture store.) What impressed me about the series wasn’t the lectures themselves–which were competently delivered and provided adequate background–but rather the experience of re-reading the poem seriously in order to prepare for them. It was something of a religious experience, far more so than any sermon I’ve heard in the last few years. I read the poem again recently, after another year of my life had elapsed, and was again moved by its attempt to answer intractable questions that so often go unmentioned. The second of the Quartets, “East Coker,” begins with a commonplace yet arresting thought:

In my beginning is my end. In succession

Houses rise and fall, crumble, are extended,

Are removed, destroyed, restored, or in their place

Is an open field, or a factory, or a by-pass.

Old stone to new building, old timber to new fires,

Old fires to ashes, and ashes to the earth

Which is already flesh, fur and faeces,

Bone of man and beast, cornstalk and leaf.

This attention to the inexorable passage of time, a concern inseparable from our own mortality, isn’t something one encounters often in modern life. The idea of a memento mori has almost entirely disappeared from popular culture, in which we are young forever, and then disappear. There’s nothing necessarily wrong with that, of course (who wants to be reminded of death all the time?), but the truth is rather different. In such a context Eliot’s opening reminder, “In my beginning is my end,” becomes all the more powerful. Eliot turns back to his beginning, imagining the lives of his 16th-century forebears in his ancestral village of East Coker, before the long-dead Andrew Eliot departed for the New World:

… Round and round the fire

Leaping through the flames, or joined in circles,

Rustically solemn or in rustic laughter

Lifting heavy feet in clumsy shoes,

Earth feet, loam feet, lifted in country mirth

Mirth of those long since under earth

Nourishing the corn. Keeping time,

Keeping the rhythm in their dancing

As in their living in the living seasons

The time of the seasons and the constellations

The time of milking and the time of harvest

The time of the coupling of man and woman

And that of beasts. Feet rising and falling.

Eating and drinking. Dung and death.

In one sense, Eliot was lucky, because his family tree could be traced back several hundred years; he knew his ancestors and knew what had happened to them. I know relatively little of my great-grandparents, and for all I know the villages where their great-grandparents lived no longer exist. But although Eliot may have been more aware of his roots than most, each of us, regardless of whether we have an ‘ancestral village,’ is tied to a cycle of which we are destined to play only one small part. In our beginnings, regardless of how disparate they may be, we find prefigured our end.

Reading Four Quartets reminded me of two passages in Allan Bloom’s Closing of the American Mind. Nietzsche, according to Bloom, had said that newspapers “had replaced the prayer in the life of the modern bourgeois”; the “busy, the cheap, the ephemeral, had usurped all that remained of the eternal in his daily life.” Later on, Bloom writes that “On Sunday mornings educated men used to be harangued about death and eternity, made to give them a bit of attention. This is not a danger to be run in doing battle with the Sunday New York Times.” When I first read the Quartets in high school, I had nowhere–except maybe in brief encounters with Ecclesiastes–encountered these thoughts so strikingly presented. Not even on the Rosh Hashanah after Sept. 11, when the traditional prayer of “U’Netaneh Tokef” (“who shall live and who shall die, … who by water and who by fire”) recalled the fragility of life, were they apparent; the crisis was not merely that life is fragile, moment to moment, but that it is short, and that it will end.

O dark dark dark. They all go into the dark,

The vacant interstellar spaces, the vacant into the vacant,

The captains, merchant bankers, eminent men of letters,

The generous patrons of art, the statesmen and the rulers,

Distinguished civil servants, chairmen of many committees,

Industrial lords and petty contractors, all go into the dark,

And dark the Sun and Moon, and the Almanach de Gotha

And the Stock Exchange Gazette, the Directory of Directors,

And cold the sense and lost the motive of action.

What is one to do, faced with such inevitability? One possibility is despair; and despair can surely be found in Four Quartets, in Eliot’s cry of “O dark dark dark,” in his description in “The Dry Salvages” of the nihilistic “prayer of the bone on the beach.” The final three Quartets were written during the darker days of World War II, when ordinary men and women had to wonder if fascism would triumph, and if civilization itself was soon for the pyre. (Are things so different now?) Moreover, Eliot wrote the poem when he was, as he put it, “in the middle way,” and did not have much time left. His meditation on memory is clearly that of a man who feels his time has passed him by:

What is the late November doing

With the disturbance of the spring

And creatures of the summer heat,

And snowdrops writhing under feet

And hollyhocks that aim too high

Red into grey and tumble down

Late roses filled with early snow?

In the first poem of the four, “Burnt Norton,” Eliot fears that his time is “unredeemable”; what might have been “is an abstraction / Remaining a perpetual possibility / Only in a world of speculation.” A man who had been unhappily married until separating from his wife in 1933 (two years before composing “Burnt Norton”), Eliot imagines himself entering an Eden-like garden of missed possibilities, presented with the unbearable thought of the happiness he had missed:

Go, said the bird, for the leaves were full of children,

Hidden excitedly, containing laughter.

Go, go, go, said the bird: human kind

Cannot bear very much reality.

Four Quartets was a terrible poem to read when young. There may be, as Eliot writes, “a time for the evening under starlight, / A time for the evening under lamplight / (The evening with the photograph album)”–the latter hasn’t come for me yet, and hopefully won’t for a long time. But the pain of Eliot’s recollections can be felt even by those who haven’t lived long enough to share them. Reading the poem, I’m forced to remind myself that I’m only in my twenties, that my mistakes (I dearly hope) are still to be made. But there are few lines more heartrending than those of the spirit of a teacher, often identified as W. B. Yates, who in the final poem of the Quartets appears to Eliot to impart the wisdom of age:

Let me disclose the gifts reserved for age

   To set a crown upon your lifetime’s effort.

   First, the cold friction of expiring sense

Without enchantment, offering no promise

   But bitter tastelessness of shadow fruit

   As body and soul begin to fall asunder.

Second, the conscious impotence of rage

   At human folly, and the laceration

   Of laughter at what ceases to amuse.

And last, the rending pain of re-enactment

   Of all that you have done, and been; the shame

   Of motives late revealed, and the awareness

Of things ill done and done to others’ harm

   Which once you took for exercise of virtue.

   Then fools’ approval stings, and honour stains.

From wrong to wrong the exasperated spirit

   Proceeds, unless restored by that refining fire

   Where you must move in measure, like a dancer.’

It was in this refining fire that Eliot saw the possibility of redemption; he found his antidote to despair in Christianity and a Church that promised salvation. Yet even those who do not share Eliot’s particular faith can share his conviction that despair and hope are often drawn from the same source. “The way upward and the way downward are the same,” notes the epigraph. To face the inevitability of human error and still to strive for right action is a brave choice, and its bravery can be the ground of inspiration. It is impossible to read “The Dry Salvages” without hearing echoes of a Kantian view of free will, with its depiction of the moral act as an intersection of the noumenal and phenomenal worlds, as the only act that is truly free:

Here the impossible union

Of spheres of existence is actual,

Here the past and future

Are conquered, and reconciled,

Where action were otherwise movement

Of that which is only moved

And has in it no source of movement—

Driven by daemonic, chthonic

Powers. And right action is freedom

From past and future also.

There is a certain nobility in the struggle to act rightly, even when our eventual failure is assured. Such nobility would be entirely absent from our lives if we were angels and faced no temptation, if the victory were certain (who would fight for the inevitable revolution?), or, most importantly, if we were not mortal. Imagine what life would be like if our mortality were not guaranteed, if by avoiding risk and eating right we really could live forever. To put it lightly, when Braveheart said that “Every man dies,” what if he had been wrong? Who among us would then be willing to undertake danger in a just cause? Would we compromise our own safety, and risk throwing away an infinite future, for the sake of a principle or of others we hold dear?

Our hopes, the Quartets tell us, start with the fact of our limitations. Our finite, imperfect, corrupted nature is where the struggle for life, perfection, and righteousness begins. It is only thus that we can move with Eliot away from despair, and from the predestination of our failure (“In my beginning is my end”). It is worth remembering that, having seen the “darkness into which they peered,” Eliot concludes with a very different thought: “In my end,” he writes, “is my beginning.”

So here I am, in the middle way, having had twenty years–

Twenty years largely wasted, the years of l’entre deux guerres

Trying to use words, and every attempt

Is a wholly new start, and a different kind of failure

Because one has only learnt to get the better of words

For the thing one no longer has to say, or the way in which

One is no longer disposed to say it. And so each venture

Is a new beginning, a raid on the inarticulate

With shabby equipment always deteriorating

In the general mess of imprecision of feeling,

Undisciplined squads of emotion. And what there is to conquer

By strength and submission, has already been discovered

Once or twice, or several times, by men whom one cannot hope

To emulate–but there is no competition–

There is only the fight to recover what has been lost

And found and lost again and again: and now, under conditions

That seem unpropitious. But perhaps neither gain nor loss.

For us, there is only the trying. The rest is not our business.

“Name That War”: Nick Kristof announces the winners of his mock contest:

On the model of the War of Jenkins’ Ear, one reader suggested “The War of Bush’s Flight Suit.” Harold Kramer of Massachusetts singlehandedly came up with “Rummy’s Retreat,” “Cheney’s Chaos,” “Perle’s Predicament,” “Powell’s Problem” and “Rice’s Regret.”

Others came up with “King George’s New Colony,” “The War of the Roves” and “The War That Cried Wolfowitz.”…

The five winners, each of whom gets a 250-dinar note left over from my last Iraq trip, are: Brad Corsello of New York for “Dubya Dubya III”; Richard Sanders for “Rolling Blunder”; John Fell of California for “Desert Slog,” Will Hutchinson of Vermont for “Mess in Potamia”; and Willard Oriol of New York for “Blood, Baath and Beyond.”

More seriously, during this holiday weekend, I hope we’ll think often and appreciatively of those Americans who are in Iraq right now. Humor cannot erase their fear and loneliness in the face of Washington’s policy failures, or the heartbreak here in so many homes where bereaved parents, spouses and orphans are struggling in this season to remember why they should be giving thanks.

What bothers me most isn’t the bizarre change in tone of the last paragraph (what–it’s poor taste to make fun of death and suffering?), but rather the easy assumption running throughout the column that nothing of good could possibly have been accomplished. The war as a whole was a complete mistake, leaving in its wake only blood and alliteration.

Looking back at my thoughts at this time a year ago, I don’t know if I would have been strong enough in my moral commitment to support a war justified solely on humanitarian grounds. But at the very least, I now know that nightmares like these are no longer coming true. And as I’ve argued before, the process we’re currently seeing–though it may be messy and deserving of criticism–is just about the best shot at democratization Iraqis could ever hope for.

Kristof’s 250-dinar prizes, by the way, are being paid in old dinar notes–the ones with Saddam’s picture on the front. (It’s a collector’s item, see? Like the old reichsmarks with the swastikas on them.) The new dinar, though, doesn’t bear the image of the smiling dictator. Isn’t that something worth being thankful for?

A Thanksgiving Message: I didn’t post anything on Thanksgiving–mainly because I was too busy cooking the sweet potatoes. But after a delightful “second seder” Thanksgiving with Patrick and Rachel Belton Friday night, I’ve thought of two more items to add to the list of what I’m thankful for.

First, as has been noted elsewhere, I’m grateful for the fact that only 36 years after Loving v. Virginia, the President can refer to himself and Condoleeza Rice as “look[ing] like a normal couple.”

Second, I can’t help but remember what Thanksgiving was like two years ago, when it seemed inevitable that more attacks would come, and when it seemed impossible that life in the U.S. would ever be the same. As a friend once pointed out to me, for the people whose job it is to listen to the “chatter” and wonder what to fear next, every day without another catastrophe is a great victory. And for these victories we should be thankful.

One Year Later: It was one year ago today that this blog began, and 104 posts (and 49,283 words) later, I think it’s gone pretty well. Compared to where I started, I’m a little bit older, hopefully a little bit wiser, and definitely a little bit less irrationally exuberant about the frequency of posting.

(As it turns out, it’s my birthday as well as my blog’s–and if only I weren’t under the weather, I’d be out there partying like it’s 1979.)

Sorry for the light posting: I’ve been ill for the past week, and I’m just now slowly returning to the land of the living. So if my writing seems to lack any of its usual grace, candor, and wit, just assume that it’s the medication talking.

(I’m not kidding; these antibiotics list potential side effects of dizziness, loss of bearings, bad dreams, confusion, panicking, hallucinations, and “change in sense of reality” (!) In other words, this is the good stuff, man — you can’t buy this over the counter…)

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