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Javier E

Opinion | If Democrats Win Back the House, They Will Have John Roberts to Thank - The N... - 0 views

  • Milligan, Wasserman continued, “could reverberate across the Deep South leading to the creation of new Black-majority, strongly Democratic seats in multiple states
  • If Democrats can gain five seats, it will critically affect the balance of power in Washington.
  • Nicholas Stephanopoulos, a law professor at Harvard and an expert on election law, wrote by email that Milligan is significant both substantively and politically:First, it means that Section 2 remains fully operative as a bulwark against racial vote dilution; second, it signals to conservative lower courts that they need to rule in favor of plaintiffs on facts like those in Milligan; third, it takes off the table arguments that Section 2 must be narrowly construed to avoid constitutional problems; and fourth, if Section 2 is constitutional, so should be other laws targeting racial disparities.
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  • it comes at a time when “a confluence of at least four political and technological developments will make its practical effect significant.”
  • First, technological advances, as used in the Milligan case, make it easier to find new V.R.A. districts that can be reasonably configured.
  • Third, the private bar has become extremely well resourced to pursue these cases.
  • Second, minority-preferred candidates can win with lower minority voting-age populations (falling from estimates as high as 65 percent in the 1990s to below 45 percent now), which means more minority voters are available to create additional V.R.A. districts.
  • Fourth, the debates over partisan gerrymandering in the last decade brought many new strong social scientists into this area, in which expert analysis of maps and voting patterns plays a critical role.
  • John Roberts’s majority opinion is particularly important because it rejects the argument that race-based remedial districting is unconstitutional:Alabama further argues that, even if the Fifteenth Amendment authorizes the effects test of section 2, that Amendment does not authorize race-based redistricting as a remedy for section 2 violations. But for the last four decades, this Court and the lower federal courts have repeatedly applied the effects test of section 2 as interpreted in Gingles and, under certain circumstances, have authorized race-based redistricting as a remedy for state districting maps that violate section 2.In that context, Roberts continued, “we are not persuaded by Alabama’s arguments that section 2 as interpreted in Gingles exceeds the remedial authority of Congress.”
  • My best guess is that Roberts and Kavanaugh thought it best to proceed cautiously and bide their time. The court as an institution can only take so many bombshells at a time. The issue will come back to the court soon enough.
  • But, Tribe continued, “Allen v. Milligan remains highly significant as an essential reminder that the court doesn’t exist in an isolation booth, unaffected by public reactions to its decisions that venture too far from the mainstream of legal and social thought.”
  • Roberts and Kavanaugh, in Tribe’s view, chose not to press the case against race-based redistricting in part because of “the controversy unleashed by the court in its shattering abortion ruling in Dobbs last June, coupled with other unrestrained shocks to the system delivered by the court in the landmark cases involving guns and climate change, and aggravated by the ethical stench swirling about the court as a result of improprieties.”
  • These developments, Tribe continued, “almost certainly had an impact, however subconscious, on the chief justice and on Justice Kavanaugh, who has increasingly sought to distance himself from the hard right.”
Javier E

Opinion | The End of Roe Is Just the Beginning - The New York Times - 0 views

  • the story doesn’t end here. While the pro-life movement has won the right to legislate against abortion, it has not yet proven that it can do so in a way that can command durable majority support. Its weaknesses will not disappear in victory. Its foes and critics have been radicalized by its judicial success. And the vicissitudes of politics and its own compromises have linked the anti-abortion cause to various toxic forces on the right — some libertine and hyperindividualist, others simply hostile to synthesis, conciliation and majoritarian politics.
  • among its own writers and activists, the movement has understood itself to also be carrying on the best of America’s tradition of social reform, including causes associated with liberalism and progressivism.
  • To win the long-term battle, to persuade the country’s vast disquieted middle, abortion opponents need models that prove this critique wrong. They need to show how abortion restrictions are compatible with the goods that abortion advocates accuse them of compromising — the health of the poorest women, the flourishing of their children, the dignity of motherhood even when it comes unexpectedly or amid great difficulty.
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  • These issues may be secondary compared with the life-or-death question of abortion itself, but they are essential to the holistic aspects of political and ideological debate. In any great controversy, people are swayed to one side or another not just by the rightness of a particular position, but by whether that position is embedded in a social vision that seems generally attractive, desirable, worth siding with and fighting for.
  • Here some of the pathologies of right-wing governance could pave a path to failure for the pro-life movement. You can imagine a future in which anti-abortion laws are permanently linked to a punitive and stingy politics, in which women in difficulties can face police scrutiny for a suspicious miscarriage but receive little in the way of prenatal guidance or postnatal support.
Javier E

Xi Jinping's Favorite Television Shows - The Bulwark - 0 views

  • After several decades of getting it “right,” why does China now seem to insist on getting it “wrong?”
  • a single-party system meets with widespread, almost universal, scorn in the United States and elsewhere. And so, from the Western point of view, because it lacks legitimacy it must be kept in power via nationalist cheerleading, government media control, and a massive repressive apparatus.
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  • What if a segment of the population actually supported, or at least tolerated, the CCP? And even if that segment involved both myth and fact, it behooves the CCP to keep the myth alive.
  • How does the CCP garner popular support in an information era? How does a dictatorship explain to its population that its unchallenged rule is wise, just, and socially beneficial?
  • All of this takes place against a backdrop of family and social developments in which we can explore household dynamics, dating habits, and professional aspirations—all within social norms for those honest party members and seemingly violated by those who are not so honest.
  • watch the television series Renmin de Mingyi (“In the Name of the People”), publicly available with English subtitles.
  • In the Name of the People is a primetime drama about a local prosecutor’s efforts to root out corruption in a modern-day, though fictional, Chinese city. Beyond the anti-corruption narrative, the series also goes into local CCP politics as some of the leaders are (you guessed it) corrupt and others are simply bureaucratic time-servers, guarding their own privileges and status without actually helping the people they purport to serve.
  • the series boasts one of Xi’s other main themes, “common prosperity,” a somewhat elastic term that usually means the benefits of prosperity should be shared throughout all segments of society.
  • The historical tools used to generate support such as mass rallies and large-scale hectoring no longer work with a more educated and communications-oriented citizenry.
  • the central themes are quite clear: The party has brought historical prosperity to the community and there are a few bad apples who are unfairly trying to benefit from this wealth. There are also various sluggards and mediocrities who have no capacity for improvement or sense of public responsibilities.
  • So we see government officials pondering if they can ever find a date (being the workaholics that they are), or discussing housework with their spouses, or sharing kitchen duties, or reviewing school work with their child.
  • The show makes clear that the vast majority of party members and government officials are dedicated souls who work to improve peoples’ lives. And in the end, virtue triumphs, the party triumphs, China triumphs, and most (not all) of the personal issues are resolved as well.
  • The show’s version of the CCP eagerly and uncynically supports Chinese culture: The same union leader from the wildcat strike also writes and publishes poetry. Calligraphy is as prized as specialty teas. And all of this is told in a lively style, similar to the Hollywood fare Americans might watch.
  • n the Name of the People was first broadcast in 2017 as a lead-up to the last Communist Party Congress, China’s most important decision-making gathering, held every five years. The show’s launch was a huge hit, achieving the highest broadcast ratings of any show in a decade.
  • Within a month, the first episode had been seen over 350 million times and just one of the streaming platforms, iQIYI, reported a total of 5.9 billion views for the show’s 55 episodes.
  • All of this must come as good news for the prosecutors featured so favorably in the series—for their real-life parent government body, the Supreme People’s Protectorate, commissioned and provided financing for the show.
  • At a minimum, these shows illustrate a stronger self-awareness in the CCP and considerable improvement in communication strategy.
  • Most important, it provides direction to current party members. Indeed, in some cities viewing was made obligatory and the basis for “study sessions” for party cadres
  • Second, the enormous public success of the series and acknowledging deficiencies of the party allows the party to control the criticism without ever addressing the fundamental question of whether a one-party system is intrinsically susceptible to corruption or poor performance.
  • As communication specialists like to say, There is already a conversation taking place about your brand—the only question is whether you will lead the conversation. The CCP is leading in its communications strategy and making it as easy as possible for Chinese citizens to support Xi.
  • it is not difficult to see that in this area, as in many others, China is breaking with tactics from the past and is playing its cards increasingly well. Whether the CCP can renew itself, reestablish that social contract, and live up to its television image is another question.
Javier E

Opinion | The Hamas horror is also a lesson on the price of populism - The Washington Post - 0 views

  • it dawned on us that what has happened is nothing like the Yom Kippur War. In newspapers, on social media and in family gatherings, people are making comparisons to the Jewish people’s darkest hours — as when the mobile killing units of the Nazi Einsatzgruppen surrounded and murdered Jewish villagers during the Holocaust, and when pogroms were waged against Jews in the Russian Empire.
  • So how did it happen? How did the state of Israel go missing in action?
  • On one level, Israelis are paying the price for years of hubris, during which our governments and many ordinary Israelis felt we were so much stronger than the Palestinians, that we could just ignore them. There is much to criticize about the way Israel has abandoned the attempt to make peace with the Palestinians and has held for decades millions of Palestinians under occupation.
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  • this does not justify the atrocities committed by Hamas, which in any case has never countenanced any possibility for a peace treaty with Israel and has done everything in its power to sabotage the Oslo peace process.
  • irrespective of how much blame one ascribes to Israel, this does not explain the dysfunction of the state.
  • He has repeatedly preferred his personal interests over the national interest and has built his career on dividing the nation against itself. He has appointed people to key positions based on loyalty more than qualifications, took credit for every success while never taking responsibility for failures, and seemed to give little importance to either telling or hearing the truth.
  • The real explanation for Israel’s dysfunction is populism rather than any alleged immorality. For many years, Israel has been governed by a populist strongman, Benjamin Netanyahu, who is a public-relations genius but an incompetent prime minister
  • The coalition Netanyahu established in December 2022 has been by far the worst. It is an alliance of messianic zealots and shameless opportunists, who ignored Israel’s many problems — including the deteriorating security situation — and focused instead on grabbing unlimited power for themselves. In pursuit of this goal, they adopted extremely divisive policies, spread outrageous conspiracy theories about state institutions that oppose their policies, and labeled the country’s serving elites as “deep state” traitors.
  • the way populism corroded the Israeli state should serve as a warning to other democracies all over the world.
  • There is much to criticize about Israel’s past behavior. The past cannot be changed, but hopefully once victory over Hamas is secured, Israelis will not only hold our current government to account, but will also abandon populist conspiracies and messianic fantasies — and make an honest effort to realize Israel’s founding ideals of democracy at home and peace abroad.
Javier E

How the Humble Paperback Helped Win World War II - The New York Times - 0 views

  • The paperbacks were intended to help soldiers pass the time. But they were also meant to remind them what they were fighting for, and draw a sharp contrast between American ideals and Nazi book burnings.
  • That’s an aspect of the story that has only grown more resonant, amid today’s partisan battles over book bans. And Manning, for one, sees a clear lesson.
  • “During World War II, the American public came out very much one way,” she said. “And that was that there should be no restrictions on what people read.”
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  • The idea that good soldiers needed good books didn’t start with World War II. During World War I, the American Library Association collaborated with the Army to gather and distribute donated books. Even before Pearl Harbor, the association had planned a new “Victory Book Campaign,” with the goal of collecting 10 million books in 1942. The goal was met, though there were concerns that too many were dirty, outdated or unreadable. The campaign was renewed in 1943, with a caveat that the public should donate only “good books.”
  • Books were seen not just as diversions, but as weapons in the fight for democracy. In American propaganda, the dedication to the free exchange of ideas was explicitly contrasted with Nazi book burnings.
  • in early 1943, the Council on Books in Wartime, a publishers’ group formed in 1942, approached Ray Trautman, the Army’s chief librarian, with the idea of producing special paperbacks for soldiers overseas. The result was the Armed Services Editions. which were designed to fit in either the breast or pants pocket of a standard-issue uniform.
  • The series mixed entertainment with more edifying fare. The first title was “The Education of Hyman Kaplan,” a collection of comic stories by Leonard Q. Ross (a pseudonym of Leo Rosten, future author of “The Joys of Yiddish”). The more than 1,300 titles that followed included literary classics, contemporary fiction, poetry, history, biography, humor and even one art book, a compilation of soldiers’ paintings.
  • A 1945 pamphlet credited the books with helping to create “a young, masculine reading public,” including some who may not have been eager to dig into, say, Herman Melville’s “Typee.” One Marine quoted in the exhibit said that when that book was given to him, he eventually “had nothing to do but read it.” His verdict? “Hot stuff. That guy wrote about three islands I’d been on!”
  • Still, the specter of partisan bias shadowed the project. In 1944, when President Roosevelt was seeking a fourth term, Congress passed a law aimed at creating a uniform absentee ballot for soldiers. As part of the law, Republicans, concerned that Democrats were seeking to influence the military vote, included a clause stating that no material “containing political argument or political propaganda” could be distributed to troops.
  • The vagueness of the language sent a chill through the book program. Some planned titles were pulled, including “Yankee From Olympus” (a biography of the former Supreme Court Justice Oliver Wendell Holmes that included a favorable depiction of President Roosevelt) and E.B. White’s “One Man’s Meat.”
  • Two months later, the law was amended, and all of the postponed books were released
Javier E

'Life without consequences': the fraternity bros who built a multimillion-dollar drug r... - 0 views

  • uses the drug ring to show how the fraternity ethos shapes elite societies as a whole, beyond the College of Charleston: with impunity.
  • Marshall shows how being asked to join a fraternity means having a safe place to behave badly between high school and the job that frat puts you on the fast track towards. In his book, he quotes a Cornell Greek life website: “While only 2% of America’s population is involved in fraternities, 80% of Fortune 500 executives, 76% of US senators and congressmen, 85% of supreme court justices, and all but two presidents since 1825 have been fraternity men.”
  • the former fraternity members Marshall interviewed for Among the Bros said their experience selling drugs in college was good prep for their careers: “They’d say things like, ‘I learned supply chain economics, salesmanship, delegation and marketing.’” As a reader, it’s hard to not feel pangs of anger at how for some (“some” being young white men), recklessness could be a stepping stone to a six-figure salary.
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  • It’s hard to wrap your mind around men having fond memories of brutal treatment, but Marshall explained that it was not so simple as looking back on one event of hazing and condemning the entire system: “It’s almost a rational choice of thinking, ‘This was my entry into an oil and gas or real estate job. This is how I got into private equity or politics. And there’s always going to be a group of people who are always going to look out for me whenever I need a favor.’
  • And for those in the bubble, there’s an attitude that the more intense the hazing experience was, the better story you might have, the more other men will respect you.
  • Above all, Marshall’s book explores coming of age in a world that will not hold you accountable, even by law enforcement: “When you can get away with anything, it does lead to an arrested development. If you drive drunk and don’t go get a DUI, how do you learn not to drive drunk? If you commit a much worse crime and don’t get punished, how do you learn not to?”
  • All the men involved in Kappa Alpha’s drug ring were white – in fact, they were often described by their fellow students at the College of Charleston and law enforcement as looking like normal white boys. They were protected by wealthy parents, the best lawyers, and a “boys will be boys” culture. They were emboldened to test the boundaries of their privilege, and they came out with barely a scratch.
Javier E

Steven Pinker's five-point plan to save Harvard from itself - 0 views

  • The fury was white-hot. Harvard is now the place where using the wrong pronoun is a hanging offense but calling for another Holocaust depends on context. Gay was excoriated not only by conservative politicians but by liberal alumni, donors, and faculty, by pundits across the spectrum, even by a White House spokesperson and by the second gentleman of the United States. Petitions demanding her resignation have circulated in Congress, X, and factions of the Harvard community, and at the time of this writing, a prediction market is posting 1.2:1 odds that she will be ousted by the end of the year.
  • I don’t believe that firing Gay is the appropriate response to the fiasco. It wasn’t just Gay who fumbled the genocide question but two other elite university presidents — Sally Kornbluth of MIT (my former employer) and Elizabeth Magill of the University of Pennsylvania, who resigned following her testimony — which suggests that the problem with Gay’s performance betrays a deeper problem in American universities.
  • Gay interpreted the question not at face value but as pertaining to whether Harvard students who had brandished slogans like “Globalize the intifada” and “From the river to the sea,” which many people interpret as tantamount to a call for genocide, could be prosecuted under Harvard’s policies. Though the slogans are simplistic and reprehensible, they are not calls for genocide in so many words. So even if a university could punish direct calls for genocide as some form of harassment, it might justifiably choose not to prosecute students for an interpretation of their words they did not intend.
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  • Nor can a university with a commitment to academic freedom prohibit all calls for political violence. That would require it to punish, say, students who express support for the invasion of Gaza knowing that it must result in the deaths of thousands of civilians. Thus Gay was correct in saying that students’ political slogans are not punishable by Harvard’s rules on harassment and bullying unless they cross over into intimidation, personal threats, or direct incitement of violence.
  • Gay was correct yet again in replying to Stefanik’s insistent demand, “What action has been taken against students who are harassing Jews on campus?” by noting that no action can be taken until an investigation has been completed. Harvard should not mete out summary justice like the Queen of Hearts in “Alice in Wonderland”: Sentence first, verdict afterward.
  • The real problem with Gay’s testimony was that she could not clearly and credibly invoke those principles because they either have never been explicitly adopted by Harvard or they have been flagrantly flouted in the past (as Stefanik was quick to point out)
  • Harvard has persecuted scholars who said there are two sexes, or who signed an amicus brief taking the conservative side in a Supreme Court deliberation. It has retracted acceptances from students who were outed by jealous peers for having used racist trash talk on social media when they were teens. Harvard’s subzero FIRE rating reveals many other punishments of politically incorrect peccadillos.
  • Institutional neutrality. A university does not need a foreign policy, and it does not need to issue pronouncements on the controversies and events of the day. It is a forum for debate, not a protagonist in debates. When a university takes a public stand, it either puts words in the mouths of faculty and students who can speak for themselves or unfairly pits them against their own employer.
  • In the wake of this debacle, the natural defense mechanism of a modern university is to expand the category of forbidden speech to include antisemitism (and as night follows day, Islamophobia). Bad idea
  • Deplorable speech should be refuted, not criminalized. Outlawing hate speech would only result in students calling anything they didn’t want to hear “hate speech.” Even the apparent no-brainer of prohibiting calls for genocide would backfire. Trans activists would say that opponents of transgender women in women’s sports were advocating genocide, and Palestinian activists would use the ban to keep Israeli officials from speaking on campus.
  • For universities to have a leg to stand on when they try to stand on principle, they must embark on a long-term plan to undo the damage they have inflicted on themselves. This requires five commitments.
  • Free speech. Universities should adopt a clear and conspicuous policy on academic freedom. It might start with the First Amendment, which binds public universities and which has been refined over the decades with carefully justified exceptions.
  • Since universities are institutions with a mission of research and education, they are also entitled to controls on speech that are necessary to fulfill that mission. These include standards of quality and relevance: You can’t teach anything you want at Harvard, just like you can’t publish anything you want in The Boston Globe. And it includes an environment conducive to learning.
  • So for the president of Harvard to suddenly come out as a born-again free-speech absolutist, disapproving of what genocidaires say but defending to the death their right to say it, struck onlookers as disingenuous or worse.
  • The events of this autumn also show that university pronouncements are an invitation to rancor and distraction. Inevitably there will be constituencies who feel a statement is too strong, too weak, too late, or wrongheaded.
  • Nonviolence.
  • Universities should not indulge acts of vandalism, trespassing, and extortion. Free speech does not include a heckler’s veto, which blocks the speech of others. These goon tactics also violate the deepest value of a university, which is that opinions are advanced by reason and persuasion, not by force
  • Viewpoint diversity. Universities have become intellectual and political monocultures. Seventy-seven percent of the professors in Harvard’s Faculty of Arts and Sciences describe themselves as liberal, and fewer than 3 percent as conservative. Many university programs have been monopolized by extreme ideologies, such as the conspiracy theory that the world’s problems are the deliberate designs of a white heterosexual male colonialist oppressor class.
  • Vast regions in the landscape of ideas are no-go zones, and dissenting ideas are greeted with incomprehension, outrage, and censorship.
  • The entrenchment of dogma is a hazard of policies that hire and promote on the say-so of faculty backed by peer evaluations. Though intended to protect departments from outside interference, the policies can devolve into a network of like-minded cronies conferring prestige on each other. Universities should incentivize departments to diversify their ideologies, and they should find ways of opening up their programs to sanity checks from the world outside.
  • Disempowering DEI. Many of the assaults on academic freedom (not to mention common sense) come from a burgeoning bureaucracy that calls itself diversity, equity, and inclusion while enforcing a uniformity of opinion, a hierarchy of victim groups, and the exclusion of freethinkers. Often hastily appointed by deans as expiation for some gaffe or outrage, these officers stealthily implement policies that were never approved in faculty deliberations or by university leaders willing to take responsibility for them.
  • An infamous example is the freshman training sessions that terrify students with warnings of all the ways they can be racist (such as asking, “Where are you from?”). Another is the mandatory diversity statements for job applicants, which purge the next generation of scholars of anyone who isn’t a woke ideologue or a skilled liar. And since overt bigotry is in fact rare in elite universities, bureaucrats whose job depends on rooting out instances of it are incentivized to hone their Rorschach skills to discern ever-more-subtle forms of “systemic” or “implicit” bias.
  • Universities should stanch the flood of DEI officials, expose their policies to the light of day, and repeal the ones that cannot be publicly justified.
  • A fivefold way of free speech, institutional neutrality, nonviolence, viewpoint diversity, and DEI disempowerment will not be a quick fix for universities. But it’s necessary to reverse their tanking credibility and better than the alternatives of firing the coach or deepening the hole they have dug for themselves.
Javier E

Opinion | On Satanic Idols and Free Speech - The New York Times - 0 views

  • To understand the moment, one has to understand the extent to which many religious activists believe that free speech itself is responsible for America’s ongoing secularization and alleged moral decline. They believe the doctrine of viewpoint neutrality — that is, the requirement that the government treat private speakers equally in their access to government facilities — is a proxy for “moral relativism.” Moral relativism is a truly poisonous accusation in conservative and Christian communities, in part because it implies a rejection of immutable or universal truth in favor of a subjective, individual standard — a concept alien, for example, to traditional Christianity.
  • As a free speech advocate, I’ve been fending off the “moral relativism” accusation for years. In 2019, when I wrote in support of the right of drag queens to enjoy the same access to public facilities as anyone else, that was “moral relativism.” When I wrote earlier this month that the right of free speech includes even the right to calls for non-imminent violence — again, this is a matter of settled constitutional law — a scholar named John Grondelski wrote in a Catholic journal that my position was “the offspring of the dictatorship of relativism.”
  • much of my legal career was dedicated to protecting minority religious expression — including evangelical expression — from censorship on American campuses and in American communities. In the course of that representation, I learned three practical truths of free expression.
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  • First, few people are more eager to take advantage of free speech rights than people who possess deep moral convictions. When you watch a furious campus debate, the last thing you think is, “Watch the relativists fight.” The combatants possess burning convictions
  • Second, humility isn’t relativism, and even people who believe that absolute truth exists should possess enough humility to recognize they don’t know all that truth.
  • Third, prudent people know that they will not always rule. This is the most pragmatic case for free speech.
  • One of my favorite expressions of American pluralism comes from my friend Barry Corey, president of Biola University, an evangelical college in California. He advocates a life lived with a “firm center and soft edges.” The firm center is the “commitment to that which is true,” and for a Christian that means God’s truth. Soft edges, on the other hand, “means hospitality and kindness, especially toward those we don’t think like, or vote like, or believe like.”
  • American free speech doctrine represents a legal version of that marvelous moral rule. The First Amendment protects our firm center. It’s what ensures our ability to walk into the public square, express our convictions and challenge our nation’s moral and political norms. Does anyone for a moment think that Frederick Douglass, the great abolitionist, was a moral relativist? Yet he’s also the author of one of the most powerful arguments in support of free speech in American history.
  • At the same time, we protect the free speech of others and thereby manifest “hospitality and kindness.” We declare to our opponents that they are equal citizens of our Republic, possessing the same dignity and liberty that we possess ourselves.
  • That’s the key to making pluralism work. Enforced conformity is a recipe for violent conflict, regardless of whether the demand is made from the right, left or middle
  • The defense of liberty, meanwhile, makes diversity sustainable. It allows individuals and communities of differing convictions to flourish across those differences
  • Treating them all equally under the law isn’t relativism. It’s justice, and justice is a fundamental moral obligation of the state.
Javier E

Don't Read the Colorado Ruling. Read the Dissents. - The Atlantic - 0 views

  • The dissents were gobsmacking—for their weakness. They did not want for legal craftsmanship, but they did lack any semblance of a convincing argument.
  • For starters, none of the dissents challenged the district court’s factual finding that Trump had engaged in an insurrection
  • Nor did the dissents challenge the evidence—adduced during a five-day bench trial, and which, three years ago, we saw for ourselves in real time—that Trump had engaged in an insurrection by any reasonable understanding of the term.
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  • Instead, the three dissenters mostly confined themselves to saying that state law doesn’t provide the plaintiffs with a remedy.
  • even the dissenters’ contentions about state law made little sense. Chief Justice Brian Boatright argued that, while Colorado law requires its secretary of state to examine the constitutional qualifications of presidential candidates, it doesn’t allow her to consider whether they are constitutionally disqualified.
  • Nothing in the state statute suggests that’s the case, and it’s plainly illogical. Every qualification necessarily establishes a disqualification. If the Constitution says, as it does, that you have to be 35 years of age to serve as president, you’re out of luck—disqualified—if you’re 34 and a half. By the same token, if you’ve engaged in an insurrection against that Constitution in violation of your oath to it, you’ve failed to meet the ironclad (and rather undemanding) requirement that you not have done that.
  • And no stronger is Justice Carlos Samour’s suggestion that Trump was somehow deprived of due process by the proceedings in the district court. This was a full-blown, five-day trial, with sworn witnesses and lots of documentary exhibits, all admitted under the traditional rules of evidence before a judicial officer, who then made extensive written findings of fact under a stringent standard of proof
  • Samour’s suggestion that Trump was denied a fair trial because he didn’t have a jury is almost embarrassing: Any first-year law student who has taken civil procedure could tell you that election cases are not even close to the sort of litigation to which a Seventh Amendment jury-trial right would attach.
  • the dissents showed one thing clearly: The Colorado majority was right. I dare not predict what will happen next. But if Trump’s lawyers or any members of the United States Supreme Court want to overturn the decision, they’d better come up with something much, much stronger. And fast.
criscimagnael

Here are the latest developments in the war in Ukraine. - The New York Times - 0 views

  • As the United States moved to ship ever more advanced weapon systems to Ukraine to aid it in its fight to thwart Russia’s eastern offensive, Moscow said the latest move by President Biden threatened to escalate the war in dangerous ways.
  • the most powerful provided since the start of the war — was the United States “deliberately and painstakingly pouring gasoline on the fire.”
  • “What it boils down to is we’re going to probably give Ukraine the most limited of the options as far as range,” Gen. Philip M. Breedlove, the retired supreme allied commander for Europe, said at a virtual security event on Wednesday, referring to the rocket system. “That’s unfortunate.”
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  • On Wednesday, Russian forces advanced in street fighting in the ruins of the city of Sievierodonetsk, a target of their offensive.
  • Germany on Wednesday promised to supply Ukraine with two more potentially significant donations of heavy weapons
Javier E

How the Internet Is Like a Dying Star - 0 views

  • We are experiencing the same problems and having the same arguments. It’s all leading to a pervasive feeling, especially among younger people, that our systems in the United States (including our system of government) “are no longer able to meet the challenges our country is facing.”
  • The internet, as a mediator of human interactions, is not a place, it is a time. It is the past. I mean this in a literal sense. The layers of artifice that mediate our online interactions mean that everything that comes to us online comes to us from the past—sometimes the very recent past, but the past nonetheless.
  • Sacasas asks us to revise the notion of real-time communications online, and to instead view our actions as “inscriptions,” or written and visual records. Like stars in the galaxy, our inscriptions seem to twinkle in the present, but their light is actually many years old.
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  • “Because we live in the past when we are online,” Sacasas suggests, “we will find ourselves fighting over the past.”
  • my hunch is that people feel stuck or move on because online, these events feel like things that have happened, rather than something that is happening.
  • “What we’re focused on is not the particular event or movement before us, but the one right behind us,”
  • “As we layer on these events, it becomes difficult for anything to break through. You’re trying to enter the information environment and the debate, and you find layer upon layer of abstraction over the initial point of conflict. You find yourself talking about what people are saying about the thing, instead of talking about the thing. We’re caking layers of commentary over the event itself and the event fades.” This is, if you ask me, a decent description of the last five years of news cycles.
  • So, what’s changed? Why do we feel more stuck now?
  • “I think it also has to do with the proportion of one’s daily experience to dispatches from the past,” Sacasas said. Pre-internet, “the totality of my day wasn't enclosed by this experience of media artifacts coming to me.”
  • the smartphone-bound, reasonably-but-not-terminally online people—the amount they spend engaged with the recent past has increased considerably, to the point that some are enclosed in this online world and develop a disordered relationship to time.
  • Constantly absorbing and commenting on things that have just happened sounds to me like a recipe for feeling powerless.
  • “That feeling of helplessness comes out of the fact that all our agency is being channeled through these media,” he said. “We have these events that are ponderously large, like climate change or gun control, and to view them only through the lens of what happened or the abstraction of what people are saying strips away the notion of our agency and makes it all feel so futile.”
  • the social-media platforms we live on push us toward contribution, and they make it feel necessary. Yet what is the sum total of these contributions? “If I'm cynical,” Sacasas said, “what I think it generates is something akin to influencer culture. It creates people who will make money off of channeling that attention—for better or for ill. Everyone else is stuck watching the show, feeling like we’re unable to effectively change the channel or change our circumstances.”
  • ubiquitous connectivity and our media environments naturally lend themselves toward an influencer-and-fandom dynamic. If the system is built to inspire more and more layers of commentary, then that system will privilege and reward people who feed it
  • On an internet that democratizes publishing, what this might mean is that all media takes on the meta-commentary characteristics of political or sports talk radio.
  • When the Depp-Heard trial began gaining traction online in April, Internet users around the world recognized a fresh opportunity to seize and monetize the attention. Christopher Orec, a 20-year-old content creator in Los Angeles, has posted a dozen videos about the trial to his more than 1.4 million followers on Instagram across several pages. “Personally, what I’ve gained from it is money as well as exposure from how well the videos do,” he said. You can “go from being a kid in high school and, if you hop on it early, it can basically change your life,” Orec said. “You can use those views and likes and shares that you get from it, to monetize and build your account and make more money from it, meet more people and network.”
  • if you were going to design a nightmare scenario, it might look a bit like what is described in this Washington Post story from last Thursday:
  • Like the Depp-Heard coverage, the forces that Sacasas describes can be deeply cynical and destructive. They’re also almost always exhausting for those of us consuming them
  • Examining and discussing and understanding the past is important, and our technologies are enormously helpful in this respect.
  • Sacasas compared the way our media ecosystem works—and all these feedback loops—to a novelty finger trap. “Almost every action generates more difficult conditions—to struggle is to feed the thing that’s keeping you bogged down.”
  • As politicians—especially those on the far right—transition into full time influencers, they no longer need to govern even reasonably effectively to gain power. They don’t need to show what they’ve done for their constituents. Simply culture warring—posting—is enough. The worse the post, the more attention it gets, and the more power they accrue.
  • There's a reason Marjorie Taylor Greene raised $9 million and Sarah Palin has only raised $600,000. MTG has recognized something Palin used to know. Her job is to say something terrible every day so we do all her viral marketing for her.
  • One outcome of elected officials adopting the influencer model is a politics that is obsessed with, and stuck in, the past. I don’t just mean a focus on making America “great again,” but a politics that is obsessed with relitigating its recent past.
  • we are forever talking about Hillary’s emails or Hunter Biden’s laptop or Merrick Garland’s thwarted Supreme Court seat or the legitimacy of the previous election.
  • How do we break the cycle? Is silence our best weapon to starve the attention? That feels wrong. I don’t have answers, but Sacasas has given me a valuable guiding question: How do we train our attention on our present and future, when so much of our life is spent ensconced in dispatches from the recent past?
Javier E

The un-celebrity president: Jimmy Carter shuns riches, lives modestly in his Georgia ho... - 0 views

  • The Democratic former president decided not to join corporate boards or give speeches for big money because, he says, he didn’t want to “capitalize financially on being in the White House.”
  • Presidential historian Michael Beschloss said that Gerald Ford, Carter’s predecessor and close friend, was the first to fully take advantage of those high-paid post-presidential opportunities, but that “Carter did the opposite.”
  • Since Ford, other former presidents, and sometimes their spouses, routinely earn hundreds of thousands of dollars per speech.
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  • “I don’t see anything wrong with it; I don’t blame other people for doing it,” Carter says over dinner. “It just never had been my ambition to be rich.”
  • Carter decided that his income would come from writing, and he has written 33 books, about his life and career, his faith, Middle East peace, women’s rights, aging, fishing, woodworking, even a children’s book written with his daughter, Amy Carter, called “The Little Baby Snoogle-Fleejer.”
  • Carter costs U.S. taxpayers less than any other ex-president, according to the General Services Administration, with a total bill for him in the current fiscal year of $456,000, covering pensions, an office, staff and other expenses.
  • Carter is the only president in the modern era to return full-time to the house he lived in before he entered politics — a two-bedroom rancher assessed at $167,000, less than the value of the armored Secret Service vehicles parked outside.
  • Ex-presidents often fly on private jets, sometimes lent by wealthy friends, but the Carters fly commercial. Stuckey says that on a recent flight from Atlanta to Los Angeles, Carter walked up and down the aisle greeting other passengers and taking selfies.
  • “He doesn’t like big shots, and he doesn’t think he’s a big shot,” said Gerald Rafshoon, who was Carter’s White House communications director.
  • With book income and the $210,700 annual pension all former presidents receive, the Carters live comfortably. But his books have never fetched the massive sums commanded by more recent presidents.
  • The federal government pays for an office for each ex-president. Carter’s, in the Carter Center in Atlanta, is the least expensive, at $115,000 this year. The Carters could have built a more elaborate office with living quarters, but for years they slept on a pullout couch for a week each month. Recently, they had a Murphy bed installed.
  • Carter doesn’t even have federal retirement health benefits because he worked for the government for four years — less than the five years needed to qualify, according to the GSA. He says he receives health benefits through Emory University, where he has taught for 36 years.
  • Carter’s office costs a fraction of Obama’s, which is $536,000 a year. Clinton’s costs $518,000, George W. Bush’s is $497,000 and George H.W. Bush’s is $286,000, according to the GSA.
  • “He didn’t feel suited to the grandeur,” Eizenstat said. “Plains is really part of his DNA. He carried it into the White House, and he carried it out of the White House.”
  • “I am a great admirer of Harry Truman. He’s my favorite president, and I really try to emulate him,” says Carter, who writes his books in a converted garage in his house. “He set an example I thought was admirable.”
  • The Jimmy Carter National Historic Site is essentially the entire town, drawing nearly 70,000 visitors a year and $4 million into the county’s economy.
  • Carter has used his post-presidency to support human rights, global health programs and fair elections worldwide through his Carter Center, based in Atlanta. He has helped renovate 4,300 homes in 14 countries for Habitat for Humanity, and with his own hammer and tool belt, he will be working on homes for low-income people in Indiana later this month.
  • Carter’s gait is a little unsteady these days, three years after a diagnosis of melanoma on his liver and brain. At a 2015 news conference to announce his illness, he seemed to be bidding a stoic farewell, saying he was “perfectly at ease with whatever comes.”
  • In October, he will become the second president ever to reach 94; George H.W. Bush turned 94 in June. These days, Carter is sharp, funny and reflective.
  • The Carters walk every day — often down Church Street, the main drag through Plains, where they have been walking since the 1920s.
  • “I grew up in church with him,” says Maya Wynn. “He’s a nice guy, just like a regular person.”
  • “He’s a good ol’ Southern gentleman,” says David Lane.
  • Carter says this place formed him, seeding his beliefs about racial equality. His farmhouse youth during the Great Depression made him unpretentious and frugal. His friends, maybe only half-joking, describe Carter as “tight as a tick.”
  • That no-frills sensibility, endearing since he left Washington, didn’t work as well in the White House. Many people thought Carter scrubbed some of the luster off the presidency by carrying his own suitcases onto Air Force One and refusing to have “Hail to the Chief” played.
  • Stuart E. Eizenstat, a Carter aide and biographer, said Carter’s edict eliminating drivers for top staff members backfired. It meant that top officials were driving instead of reading and working for an hour or two every day.
  • That’s less than half the $952,000 budgeted for George H.W. Bush; the three other living ex-presidents — Clinton, George W. Bush and Obama — cost taxpayers more than $1 million each per year.
  • When Carter looks back at his presidency, he says he is most proud of “keeping the peace and supporting human rights,” the Camp David accords that brokered peace between Israel and Egypt, and his work to normalize relations with China. In 2002, he was awarded the Nobel Peace Prize for his efforts.
  • “I always told the truth,” he says.
  • Carter says he thinks the Supreme Court’s Citizens United decision has “changed our political system from a democracy to an oligarchy. Money is now preeminent. I mean, it’s just gone to hell now.”
  • He says he believes that the nation’s “ethical and moral values” are still intact and that Americans eventually will “return to what’s right and what’s wrong, and what’s decent and what’s indecent, and what’s truthful and what’s lies.”
  • They are asked if there is anything they want but don’t have. “I can’t think of anything,” Carter says, turning to Rosalynn. “And you?” “No, I’m happy,” she says.
  • They watch Atlanta Braves games or “Law and Order.” Carter just finished reading “The Innovators” by Walter Isaacson. They have no chef and they cook for themselves, often together. They make their own yogurt.
Javier E

Ukraine War and U.S. Politics Complicate Climate Change Fight - The New York Times - 0 views

  • Energy experts said that Mr. Biden missed an opportunity to connect the war in Ukraine to the need to more swiftly sever an economic reliance on fossil fuels. “The president did not articulate the long-term opportunity for the U.S. to lead the world in breaking free of the geopolitical nightmare that is oil dependency,” said Paul Bledsoe, a strategic adviser to the Progressive Policy Institute, a Washington-based think tank.
  • In exposing the enormous leverage that Russia has enjoyed with its energy exports, the Ukraine conflict is forcing European leaders to make some urgent choices: Should it build new fossil fuel infrastructure so that it can replace Russian fuel with liquefied natural gas from elsewhere, chiefly the United States? Or should it shift away from fossil fuels faster?
  • A draft of the report, reviewed by The New York Times, suggests that the new strategy will propose speeding up energy efficiency measures and renewable energy installations. It views imports of liquefied natural gas, or L.N.G., from the United States and elsewhere as a short term measure to offset Russian piped gas.
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  • Analysts have said European countries can quickly reduce gas dependence with energy efficiency measures and ramping up renewable energy investments, which are already in line with Europe’s ambition to stop pumping additional greenhouse gases into the atmosphere by midcentury
  • The conflict in Ukraine could fast-track some of that. It could also lead to what Lisa Fischer, who follows energy policy at E3G, a research group, called “a tectonic shift” — using renewables, rather than ample gas storage, to achieve energy security.
  • “Energy is a key weapon within this fight, and if there were far less dependency on gas there would be a different set of plays.”
  • The United States, for its part, has ramped up exports of L.N.G. to Europe to counter the decline in Russian piped gas. By the end of this year, the United States is poised to have the world’s largest L.N.G. export capacity.
  • White House officials said Mr. Biden wove climate change and clean energy throughout his speech. He noted that Ford and GM are investing billions of dollars to build electric vehicles, creating millions of manufacturing jobs in the United States. He also noted that funding from the infrastructure package will build a national network of 500,000 electric vehicle charging stations.
  • The President’s centerpiece legislative agenda, which he had called the Build Back Better act, is dead. Democrats still hope to pass approximately $500 billion of clean energy tax incentives that had been part of the package, but opportunities to do so are waning
  • If that investment does not come through and the Supreme Court also restricts the administration’s ability to regulate emission, Mr. Biden’s goal of cutting United States emissions roughly in half compared with 2005 levels could be essentially unattainable.
  • Even if climate wasn’t the stated focus of Mr. Biden’s Tuesday address, administration officials said that Russia’s war against Ukraine has not pushed climate change off the agenda. They noted that Mr. Biden has made climate change an emphasis in virtually every federal agency, and has moved ahead with major clean energy deployments including a record-breaking offshore wind auction last week that brought in more than $4 billion.
criscimagnael

Distorted Reality - The New York Times - 0 views

  • The first of my many blessings,” she told the Senate this week, “is the fact that I was born in this great nation.”
  • She is not an advocate of critical race theory or other progressive ideas about education. She has never taken a public position on hot-button school issues like whether young children should be taught about gender identity.
  • She has often praised law enforcement, including her proud mention this week that her brother and two of her uncles worked as police officers.
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  • It has become an argument over a nominee who does not exist — one who does not respect America, is not truly religious, coddles child abusers and terrorists and has highly developed views about the importance of “woke” education.
  • Conspiracy theories and unfair accusations have a long history in American politics, of course. But they have often remained on the margins. Today, distortions and falsehoods have moved to the center of politics.
  • While neither party is entirely innocent, there is a fundamental difference between Republicans and Democrats. False claims regularly flow from the leaders of the Republican Party —
  • The Jackson hearings have become the latest example. Several Republican senators — including Josh Hawley, Lindsey Graham and Ted Cruz yesterday — have tried to portray her as soft on child pornographers. Their argument depends on a misleading cherry-picking of facts from cases she has heard.
  • Woke education has become another focus of the hearings, with Republicans like Cruz and Marsha Blackburn trying to portray Jackson as an advocate for it. In truth, she has not taken a position on the issues that fall under that category.
  • That was apparently enough for the Republican National Committee to tweet an image of her this week, with her initials — KBJ — crossed out and replaced with CRT, an abbreviation for critical race theory.
  • The only time Jackson appears to have mentioned critical race theory publicly was in a 2015 speech. It was part of a list of disciplines that she said had an intellectual connection to criminal sentencing, including administrative law, philosophy, psychology and statistics.
  • There is one broader political risk here for Democrats, though: imagining that Republicans are simply playing to their base by making these misleading criticisms of Jackson. They are also trying to appeal to swing voters.
  • Most Americans oppose cutting police budgets, for instance. Many believe that allowing all transgender girls to compete in girls’ sports can be unfair to other girls. Many voters — and not just white voters — think that liberals focus too much on racial identity.
  • “One thing that is striking about this hearing,” Lori Ringhand, a legal scholar, told The Times, “is how little effort we are seeing to engage the nominee on her views about actual legal issues.”
Javier E

The Closing of the American Mind: A Summary - 0 views

  • Preface
  • “No teacher can doubt that his real task is to assist his pupil to fulfill human nature against all the deforming forces of convention and prejudice.” p. 20
  • A liberal education is one that helps students to ask themselves and answer the question, “what is man?… In our chronic lack of certainty, this comes down to knowing the alternative answers [to that question] and thinking about them.” p. 21
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  • Introduction: Our Virtue
  • “There is one thing that a professor can be absolutely certain of: almost every student entering the university believes, or says he believes, that truth is relative…. Relativism is necessary to openness; and this is the virtue, the only virtue, which all primary education for more than fifty years has dedicated itself to inculcating.” p. 25
  • Democratic education…wants and needs to produce men and women [who are] supportive of a democratic regime.” p. 26
  • The historical assumption of the human sciences was (and remains) that an objective human nature exists and can be discovered—if not by reason itself, then at least by empirical science guided by reason. Science was a method to allow us to rise beyond the prejudices of our culture in order to discover the truths of human nature. It was a mechanism for opening our minds, an instrument of openness. p. 37-38
  • Liberalism has always tended towards increased freedom—i.e., decreased regulation. But “it was possible to expand the space exempt from legitimate social and political regulation only by contracting the claims to moral and political knowledge…. It begins to appear that full freedom can be attained only when there is no such knowledge at all…[and] of course the result is that…the argument justifying freedom disappears, and…all beliefs begin to have an attenuated character.” p. 28
  • Modern education is concerned mainly with correcting ethnocentrism—showing students that their preferences are merely accidents of their culture and that no single culture is better than any other. The roots of this movement are found in the problems (racism, mistreatment) that arose due to the multicultural nature of American life. p. 29-30
  • The Founders envisioned a society where individuals were bound together by their belief in and adherence to the rights of the Constitution. Minority factions were seen as a bad thing, detracting from social cohesiveness. p. 31
  • However, the provision of equal rights did not guarantee equal treatment, and minority groups suffered. This caused them to retreat into their minority identities and oppose the majority—indeed, “much of the intellectual machinery of twentieth-century American political thought and social science was constructed for the purpose of making an assault on [the] majority…. The very idea of a majority—now understood to be selfish interest—is done away with in order to protect the minorities.” p. 32-35
  • However, its ideas about what this means have changed over time, starting with a faith in the human rights of the U.S. Constitution, but ultimately changing to (now) mean “openness,” i.e., relativism. p. 26-27
  • “Historicism and cultural relativism actually are a means to avoid testing our own prejudices and asking, for example, whether men are really equal or whether that opinion is a democratic prejudice.” p. 40
  • Today, “the human sciences want to make us culture-beings with the instruments [science and reason] that were invented to liberate us from culture…: cultural relativism, historicism, the fact-value distinction—are the suicide of science. Culture, hence closedness, reigns supreme. Openness to closedness is what we teach.” p. 38-39
  • Yet the dogmatic modern assumption is that human nature does not exist, that our ways of being are culturally determined, that our minds are inherently constrained—“closed”—by cultural influences. p. 38
  • “There are two types of openness, the openness of indifference…and the openness that invites us to the quest for knowledge and certitude.” p. 41
  • The openness of indifference advocates the removal of all requirements in education—why should students learn languages or philosophy? But the reality is that, “to be open to knowing, there are certain types of things one must know which most people don’t want to bother to learn and which appear boring and irrelevant…true openness means closedness to all the charms that make us comfortable with the present.” p. 41
  • The Clean Slate
  • On the surface, Americans seems to lack a true culture or set of traditions. But most of them grew up with a shared knowledge of the Bible and the Declaration of Independence, and “contrary to much contemporary wisdom, the United States has one of the longest uninterrupted political [and intellectual] traditions of any nation in the world.” And this tradition is not confused or counterbalanced by a history of monarchy or aristocracy. p. 52-55
  • So we have a culture in which to root education, but we have begun to undermine it. The idealism of the American founding has been explained away as mythical, selfishly-motivated, and racist. And so our culture has been devalued. p. 55-56
  • Religion, too, has been explained away, but this has left us without a standpoint from which to understand our experience as humans. Parents “have nothing to give their children in the way of a vision of the world.” p. 56-57
  • “As it now stands, students have powerful images of what the perfect body is and pursue it incessantly. But deprived of literary guidance, they no longer have any image of a perfect soul, and hence do not long to have one. They do not even imagine that there is such a thing.” p. 67
  • Books
  • “I have begun to wonder whether the experience of the greatest texts from early childhood is not a prerequisite for a concern throughout life for them and for lesser but important literature. The soul’s longing…may well require encouragement at the outset.” p. 62
  • Literature is critical because it presents to young people the range of possibilities of human types—both good and bad. p. 62-64
  • But students are less and less exposed to literature, and as a result, “they have only pop psychology to tell them what people are like, and the range of their motives…. [Therefore,] people become more alike, for want of knowing they can be otherwise. What poor substitutes for real diversity are the wild rainbows of dyed hair and other external differences that tell the observer nothing about what is inside.” p. 64
  • Without exposure to literature, students usually resort to the movies. But movies do not provide the “distance from the contemporary” that students need, and so this only reinforces the belief that the here and now is all there is. p. 64
  • The loss of literature has also meant the loss of heroes. In a “perversion of the democratic principle,” this lack is almost admired, since being oneself is the supposed goal. But whether or not it is seen as desirable, students invariably seek role models. And without literature, they only have those around them (and in the media) to emulate. p. 66-67
  • “Nobody believes that the old books do, or even could, contain the truth…. Tradition has become superfluous.” p. 58
  • We are left with a culture filled with “the intense, changing, crude and immediate, which Tocqueville warned us would be the character of democratic art…. In short, life is made into a nonstop, commercially prepackaged masturbational fantasy. This description may seem exaggerated, but only because some would prefer to regard it as such.” p. 74-75
  • Relationships
  • “In short, after the war, while America was sending out its blue jeans to unite the young of all nations, a concrete form of democratic universalism that has had liberalizing effects on many enslaved nations, it was importing a clothing of German fabrication for its souls, which clashed with all that and cast doubt on the Americanization of the world on which we had embarked, thinking it was good and in conformity with the rights of man
  • “This indeterminate or open-ended future and the lack of a binding past mean that the souls of young people are in a condition like that of the first men in the state of nature—spiritually unclad, unconnected, isolated, with no inherited or unconditional connection with anything or anyone…. Why are we surprised that such unfurnished persons should be preoccupied principally with themselves?” p. 87-88
  • “The one eccentric element in this portrait, the one failure…is the relation between blacks and whites.” Although black students are present on campuses, they “have, by and large, proved indigestible.” p. 91
  • the Black Power movement arrived and the universities conceded to identity politics, which took the form of Black-themed courses, quotas, and an unwillingness to fail black students. p. 94-95
  • “The black student who wants to be just a student and to avoid allegiance to the black group has to pay a terrific price, because he is judged negatively by his black peers and because his behavior is atypical in the eyes of whites. White students have silently and unconsciously adjusted to a group presence of blacks, and they must readjust for a black who does not define himself by the group.” Affirmative action cements this dynamic. p. 95-96
  • The restructuring of the family requires that men subdue their masculine character. “And it is indeed possible to soften men. But to make them ‘care’ is another thing, and the project must inevitably fail…. The old moral order, however imperfect it may have been, at least moved towards the virtues by way of the passions. If men were self-concerned, that order tried to expand the scope of self-concern to include others [i.e., his wife and children], rather than commanding men to cease being concerned with themselves.” p. 129
  • “I am not arguing here that the old family arrangements were good or that we should go back to them. I am only insisting that we not cloud our vision to such an extent that we believe that there are viable substitutes for them just because we want or need them.” p. 130
  • “All of our reforms have helped strip the teeth of our gears, which can therefore no longer mesh. They spin idly, side by side, unable to set the social machine in motion.” p. 131
  • Modern students are lacking the longing that is critical for a full enjoyment of life. They are complacent. And the universities do not see themselves as providing for such a longing. p. 134-136
  • The German Connection
  • Value relativism is the modern replacement for traditional morality, and “constitutes a change in our view of things moral and political as great as the one that took place when Christianity replaced Greek and Roman paganism.” p. 141
  • Value relativism has sunk so far into the American consciousness that its vocabulary has become colloquial: we talk about ‘charisma,’ ‘life-style,’ ‘commitment,’ ‘identity,’ etc. “Although they, and the things to which they refer, would have been incomprehensible to our fathers, not to speak of our Founding Fathers.” p. 147
  • Students today are largely apathetic about any concerns outside of themselves. There isn’t any malice in this self-centeredness; but it has become so entrenched in American culture that it isn’t even recognized as unusual. p. 82-86
  • “We chose [to import] a system of thought that, like some wines, does not travel; we chose a way of looking at things that could never be ours and had its starting point dislike of us and our goals.” p. 153
  • The question isn’t even asked whether the German doctrine of value-creation is contrary to democratic and egalitarian ideals; but it certainly seems to leave room for their opposites and perhaps promote them—i.e., value relativism seems to allow for fascism. p. 154
  • The Self
  • Although a precise definition remains elusive, “the self is the modern substitute for the soul.” p. 173
  • Man used to strive for fulfillment by taming his bodily desires in order to live virtuously. But this changed after Machiavelli (and Hobbes after him) suggested that instead we ignore virtue and follow our desires, which find their root in the state of nature. p. 174-175
  • Following their advice, “our desire becomes a kind of oracle we consult; it is the last word, while in the past it was the questionable and dangerous part of us.” p. 175
  • Locke then replaced the virtuous man with the rationally selfish one. “Beneath his selfishness, of course, lies an expectation that it conduces more to the good of others than does moralism.” p. 175-176
  • “All higher purposiveness in nature, which might have been consulted by men’s reason and used to limit human passion, has disappeared.” p. 176
  • That reason “is unable to rule in culture or in soul…constitutes a crisis of the West…[whose] regimes are founded on reason.” Previous regimes relied on religion, but Enlightenment undermined religion. p. 196
  • Psychology came to us “in order to treat the parts of man which had been so long neglected by liberal society…. Modern psychology has this in common with what was always a popular opinion, fathered by Machiavelli—that selfishness is somehow good. Man is self, and the self must be selfish. What is new is that we are told to look more deeply into the self, that we assumed too easily that we know it and have access to it.” p. 178
  • Prior to this, it was only God who was dignified—not man. And God was dignified in his freedom, his ability to create. If man was to be elevated, he, too, must be free; he, too, must be able to create. p. 180
  • And so, following Rousseau and our dissatisfaction with the Enlightenment, we have elevated creativity above reason as the ultimate virtue, and the artist replaced the philosopher and scientist at the admired human type. p. 181-182
  • Yet those who praise creativity don’t realize why. They admire it without seeing that it is the result of Romantic thought absorbed into democratic public opinion. And it has influenced the whole political spectrum, from Left to Right. p. 181-182
  • The Germans (Nietzsche and Weber) recognized as early as 1919 that the scientific spirit was dead, that reason cannot establish values. But Americans (naïvely, and largely unknowingly) still held onto the rationalist dream, written as they were into our political foundations. p. 194-195
  • When those ideas came to the U.S. (via Weber), “a very dark view of the future was superimposed on our incorrigible optimism. We are children playing with adult toys.” p. 195
  • “The psychology of the self has succeeded so well that it is now the instinct of most of us to turn for a cure for our ills back within ourselves rather than to the nature of things.” p. 179
  • Rousseau and others recognized this. “The very idea of culture was a way of preserving something like religion without talking about it.” But Nietzsche saw this was impossible. p. 196-197
  • We are left with no religion, but we still have religious impulses. p. 197
  • “The disenchantment of God and nature necessitated a new description of good and evil. To adapt a formula of Plato about the gods, we do not love a thing because it is good, it is good because we love it. It [became] our decision to esteem that makes something estimable.” p. 197
  • “Since values are not rational…they must be imposed.” Will, or commitment, is the primary virtue; it is the equivalent of (what used to be) faith. “Nietzsche was not a fascist; but this project inspired fascist rhetoric, which looked to the revitalization of old cultures or the foundation of new ones, as opposed to the rational, rootless cosmopolitanism of the revolutions of the Left.” p. 201-202
  • Nietzsche was a cultural relativist. This meant he anticipated war, because wars are inevitable when values are imposed and unrooted in truth or anything objective. p. 202
  • “Just over the horizon, when Weber wrote, lay Hitler…. He was the mad, horrible parody of the charismatic leader—the demagogue—hoped for by Weber.” Weber was not looking for something so extreme, but “when one ventures out into the vast spaces opened up by Nietzsche, it is hard to set limits.” p. 213-214
  • “Hitler did not cause a rethinking of the politics here or in Europe. All to the contrary—it was while we were fighting him that the thought that had preceded him in Europe conquered here.” And it remains dominant. p. 214
  • The language of values implies that the religious is the source of everything political, social, and personal. It has been facilitated by a softening and blurring of the idea of religion and “the sacred,” which are no longer seen as dangerous.
  • “As an image of our current intellectual condition, I keep being reminded of the newsreel pictures of Frenchmen splashing happily in the water at the seashore, enjoying the paid annual vacations legislated by Leon Blum’s Popular Front government. It was 1936, the same year Hitler was permitted to occupy the Rhineland. All our big causes amount to that kind of vacation.” p. 239
  • This is our educational crisis and opportunity. Western rationalism has culminated in a rejection of reason. Is this result necessary?” p. 240
Javier E

The Liberal Maverick Fighting Race-Based Affirmative Action - The New York Times - 0 views

  • The paper inspired him to write his influential 1996 book, “The Remedy,” which developed his theory that affirmative action had set back race relations by becoming a source of racial antagonism.
  • “If you want working-class white people to vote their race, there’s probably no better way to do it than to give explicitly racial preferences in deciding who gets ahead in life,” he said. “If you want working-class whites to vote their class, you would try to remind them that they have a lot in common with working-class Black and Hispanic people.”
  • Today, as in the mid-1990s, polls show that a majority of people oppose race-conscious college admissions, even as they support racial diversity. Public opinion may not always be right, Mr. Kahlenberg said, but surely it should be considered when developing public policy.
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  • If Mr. Kahlenberg had his way, college admissions would be upended.
  • His basic recipe: Get rid of preferences for alumni children, as well as children of faculty, staff and big donors. Say goodbye to recruited athletes in boutique sports like fencing. Increase community college transfers. Give a break to students who have excelled in struggling schools, who have grown up in neighborhoods of concentrated poverty, in families with low income, or better yet, low net worth. Pump up financial aid. Look for applicants in towns that do not normally send students to highly selective colleges.
  • elite colleges have become fortresses for the rich, he said. Harvard had “23 times as many rich kids as poor kids,” Mr. Kahlenberg testified in 2018 at the federal court trial in the Harvard case, referring to a 2017 paper by Raj Chetty, then a Stanford economist, and colleagues.
  • his 2012 study that found seven of 10 leading universities were able to return to previous levels of diversity through race-neutral means.
  • In 2020, Berkeley boasted that it had admitted its most diverse class in 30 years, with offers to African American and Latino students rising to the highest numbers since at least the late-1980s, without sacrificing academic standards.
  • In a simulation of the class of 2019, he found that the share of Black students at Harvard would drop to 10 percent from 14 percent, but the share of white students would also drop, to 33 percent from percent from 40 percent, mainly because of the elimination of legacy and other preferences. The share of Hispanic students would rise to 19 percent from 14 percent and the Asian American share would rise to 31 percent from 24 percent.
  • The share of “advantaged” students (parents with a bachelor’s degree, family income over $80,000, living in a neighborhood not burdened by concentrated poverty) would make up about half of the class, from 82 percent. SAT scores would drop to the 98th percentile from the 99th.
  • In the affirmative action trial, Harvard said that Mr. Kahlenberg’s model would produce too little diversity, and water down academic quality. Its actual class of 2026 is 15.2 percent African American, 12.6 percent Hispanic and 27.9 percent Asian American.
  • Edward Blum, the conservative activist behind the lawsuits against Harvard and U.N.C., said Mr. Kahlenberg came to his attention when “The Remedy” was published. The focus on class seemed like a powerful bridge between the left and the right, Mr. Blum said
  • Dr. Laycock, of the University of Virginia, expects that once the Supreme Court rules, conservative groups that are now promoting race-neutral alternatives will claim they are racial proxies and turn against them. “Everybody knows that’s why it’s being used,” he said. (Mr. Blum said his group will not, though other conservative groups could do so.)
  • There is no “We Believe” sign in the yard. But on the living room wall, a sign says, “Live simply, dream big, be grateful, give love, laugh lots.”
  • In that spirit, his stubborn campaign might be traced to being the son of a pastor whose family could afford to make him a Harvard graduate, twice over. “I do have some measure of class guilt,” he said. “I wish people who are far richer than I am had more class guilt.”
Javier E

A Hamline Adjunct Showed a Painting of the Prophet Muhammad. She Lost Her Job. - The Ne... - 0 views

  • University officials and administrators all declined interviews. But Dr. Miller, the school’s president, defended the decision in a statement.“To look upon an image of the Prophet Muhammad, for many Muslims, is against their faith,” Dr. Miller’s statement said, adding, “It was important that our Muslim students, as well as all other students, feel safe, supported and respected both in and out of our classrooms.”
  • In a December interview with the school newspaper, the student who complained to the administration, Aram Wedatalla, described being blindsided by the image.
  • There are, however, a range of beliefs. Some Muslims distinguish between respectful depictions and mocking caricatures, while others do not subscribe to the restriction at all.
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  • The painting shown in Dr. López Prater’s class is in one of the earliest Islamic illustrated histories of the world, “A Compendium of Chronicles,” written during the 14th century by Rashid-al-Din (1247-1318).Shown regularly in art history classes, the painting shows a winged and crowned Angel Gabriel pointing at the Prophet Muhammad and delivering to him the first Quranic revelation. Muslims believe that the Quran comprises the words of Allah dictated to the Prophet Muhammad through the Angel Gabriel.
  • The image is “a masterpiece of Persian manuscript painting,” said Christiane Gruber, a professor of Islamic art at the University of Michigan. It is housed at the University of Edinburgh; similar paintings have been on display at places like the Metropolitan Museum of Art. And a sculpture of the prophet is at the Supreme Court.Dr. Gruber said that showing Islamic art and depictions of the Prophet Muhammad have become more common in academia, because of a push to “decolonize the canon” — that is, expand curriculum beyond a Western model.
  • Dr. Gruber, who wrote the essay in New Lines Magazine defending Dr. López Prater, said that studying Islamic art without the Compendium of Chronicles image “would be like not teaching Michaelangelo’s David.”
  • Yet, most Muslims believe that visual representations of Muhammad should not be viewed, even if the Quran does not explicitly prohibit them. The prohibition stems from the belief that an image of Muhammad could lead to worshiping the prophet rather than the god he served.
  • The administration, he said, “closed down conversation when they should have opened it up.”
  • Omid Safi, a professor of Asian and Middle Eastern Studies at Duke University, said he regularly shows images of the Prophet Muhammad in class and without Dr. López Prater’s opt-out mechanisms. He explains to his students that these images were works of devotion created by pious artists at the behest of devout rulers.“That’s the part I want my students to grapple with,” Dr. Safi said. “How does something that comes from the very middle of the tradition end up being received later on as something marginal or forbidden?”
  • Dr. López Prater, a self-described art nerd, said she knew about the potential for conflict on Oct. 6, when she began her online lecture with 30 or so students.She said she spent a few minutes explaining why she was showing the image, how different religions have depicted the divine and how standards change over time.“I do not want to present the art of Islam as something that is monolithic,” she said in an interview, adding that she had been shown the image as a graduate student. She also showed a second image, from the 16th century, which depicted Muhammad wearing a veil.
  • Four days after the class, Dr. López Prater was summoned to a video meeting with the dean of the college of liberal arts, Marcela Kostihova.
  • After the class ended, Ms. Wedatalla, a business major and president of the university’s Muslim Student Association, stuck around to voice her discomfort.Immediately afterward, Dr. López Prater sent an email to her department head, Allison Baker, about the encounter; she thought that Ms. Wedatalla might complain.Ms. Baker, the chair of the digital and studio art department, responded to the email four minutes later.“It sounded like you did everything right,” Ms. Baker said. “I believe in academic freedom so you have my support.”
  • As Dr. López Prater predicted, Ms. Wedatalla reached out to administrators. Dr. López Prater, with Ms. Baker’s help, wrote an apology, explaining that sometimes “diversity involves bringing contradicting, uncomfortable and coexisting truths into conversation with each other.”
  • Ms. Wedatalla declined an interview request, and did not explain why she had not raised concerns before the image was shown. But in an email statement, she said images of Prophet Muhammad should never be displayed, and that Dr. López Prater gave a trigger warning precisely because she knew such images were offensive to many Muslims. The lecture was so disturbing, she said, that she could no longer see herself in that course.
  • Dr. López Prater said that no one in class raised concerns, and there was no disrespectful commentary.
  • Dr. Kostihova compared showing the image to using a racial epithet for Black people, according to Dr. López Prater.“It was very clear to me that she had not talked to any art historians,” Dr. López Prater said.
  • A couple of weeks later, the university rescinded its offer to teach next semester.
  • Dr. López Prater said she was ready to move on. She had teaching jobs at other schools. But on Nov. 7, David Everett, the vice president for inclusive excellence, sent an email to all university employees, saying that certain actions taken in an online class were “undeniably inconsiderate, disrespectful and Islamophobic.”
  • Dr. López Prater, who had only begun teaching at Hamline in the fall, said she felt like a bucket of ice water had been dumped over her head, but the shock soon gave way to “blistering anger at being characterized in those terms by somebody who I have never even met or spoken with.” She reached out to Dr. Gruber, who ended up writing the essay and starting the petition.
  • At the Dec. 8 forum, which was attended by several dozen students, faculty and administrators, Ms. Wedatalla described, often through tears, how she felt seeing the image.“Who do I call at 8 a.m.,” she asked, when “you see someone disrespecting and offending your religion?”Other Muslim students on the panel, all Black women, also spoke tearfully about struggling to fit in at Hamline. Students of color in recent years had protested what they called racist incidents; the university, they said, paid lip service to diversity and did not support students with institutional resources.
Javier E

Opinion | Claudine Gay and the Limits of Social Engineering at Harvard - The New York T... - 0 views

  • the important question for Harvard was never whether Gay should step down. It was why she was brought on in the first place, after one of the shortest presidential searches in Harvard’s recent history.
  • How did someone with a scholarly record as thin as hers — she has not written a single book, has published only 11 journal articles in the past 26 years and made no seminal contributions to her field — reach the pinnacle of American academia?
  • The answer, I think, is this: Where there used to be a pinnacle, there’s now a crater. It was created when the social-justice model of higher education, currently centered on diversity, equity and inclusion efforts — and heavily invested in the administrative side of the university — blew up the excellence model, centered on the ideal of intellectual merit and chiefly concerned with knowledge, discovery and the free and vigorous contest of ideas.
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  • I’ve seen arguments that it goes back to the 1978 Bakke decision, when the Supreme Court effectively greenlit affirmative action in the name of diversity.
  • the problem with Bakke isn’t that it allowed diversity to be a consideration in admissions decisions. It’s that university administrators turned an allowance into a requirement, so a kind of racial gerrymander now permeates nearly every aspect of academic life, from admissions decisions to faculty appointments to the racial makeup of contributors to essay collections
  • If affirmative action had been administered with a lighter hand — more nudge than mandate — it might have survived the court’s scrutiny last year. Instead, it became a pervasive regime that frequently got in the way of the universities’ higher goals, particularly the open exchange of ideas.
  • skin color was the first thing The Harvard Crimson noted in its story about her taking office, and her missteps and questions about her academic work gave ammunition to detractors who claimed she owed her position solely to her race.
  • This is the poisoned pool in which Harvard now swims. Whenever it elevates someone like Gay, there’s an assumption by admirers and detractors alike that she’s a political symbol whose performance represents more than who she is as a person
  • dehumanization is the price any institution pays when considerations of social engineering supplant those of individual achievement.
  • It may take a generation after the end of affirmative action before someone like Gay can have the opportunity to be judged on her own merits, irrespective of her color.
  • the damage that the social-justice model has done to higher education will take longer to repair. In 2015, 57 percent of Americans expressed high confidence in higher education, according to a Gallup survey. Last year, the number had fallen to 36 percent, and that was before the wave of antisemitic campus outbursts. At Harvard, early admission applications fell by 17 percent last fall.
  • Harvard also sets the tone for the rest of American higher ed — and for public attitudes toward it. One of the secrets of America’s postwar success wasn’t simply the caliber of U.S. universities. It was the respect they engendered among ordinary people who aspired to send their children to them.
  • That respect is now being eroded to the point of being erased. For good reason
  • People admire, and will strive for, excellence — both for its own sake and for the status it confers. But status without excellence is a rapidly wasting asset, especially when it comes with an exorbitant price. That’s the position of much of American academia today. Two hundred thousand dollars or more is a lot to pay for lessons in how to be an anti-racist.
  • the intellectual rot is pervasive and won’t stop spreading until universities return to the idea that their central purpose is to identify and nurture and liberate the best minds, not to engineer social utopias.
Javier E

Opinion | Yes, Nikki Haley, the Civil War Was About Slavery - The New York Times - 0 views

  • Of course the Civil War was about slavery, and everyone knew it at the time. No, Nikki Haley, it wasn’t about states’ rights, except to the extent that Southern states were trying to force Northern states to help maintain slavery
  • it may be worth delving a bit deeper into the background here. Why did slavery exist in the first place? Why was it confined to only part of the United States? And why were slaveholders willing to start a war to defend the institution, even though abolitionism was still a fairly small movement and they faced no imminent risk of losing their chattels?
  • The American system of chattel slavery wasn’t motivated primarily by racism, but by greed. Slaveholders were racists, and they used racism both to justify their behavior and to make the enslavement of millions more sustainable, but it was the money and the inhumane greed that drove the racist system.
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  • there’s little reason to enserf or enslave a worker (not quite the same thing, but let’s leave that aside) if labor is abundant and land is scarce, so that the amount that worker could earn if he ran away barely exceeds the cost of subsistence.
  • But if land becomes abundant and labor scarce, the ruling class will want to pin workers in place, so they can forcibly extract the difference between the value of what workers can produce — strictly speaking, their marginal product — and the cost of keeping them alive.
  • Yet serfdom wasn’t reimposed, for reasons that aren’t entirely clear. One thought, however, is that holding people captive in order to steal the fruits of their labor isn’t easy.
  • In fact, the real historical puzzle is why high wages didn’t always lead to widespread slavery or serfdom
  • serfdom in the West had more or less withered away by around 1300, because Western Europe was overpopulated given the technologies of the time, which in turn meant that landowners didn’t need to worry that their tenants and workers would leave in search of lower rents or higher wages.
  • But the Black Death caused populations to crash and wages to soar. In fact, for a while, real wages in Britain reached a level they wouldn’t regain until around 1870:
  • Labor was scarce in pre-Civil War America, so free workers earned high wages by European standards. Here are some estimates of real wages in several countries as a percentage of U.S. levels on the eve of the Civil War:
  • Indeed, slaveholders and their defenders lashed out at anyone who even suggested that slavery was a bad thing. As Abraham Lincoln said in his Cooper Union address, the slave interest in effect demanded that Northerners “cease to call slavery wrong, and join them in calling it right.”
  • Notice that Australia — another land-abundant, labor-scarce nation — more or less matched America; elsewhere, workers earned much less.
  • Landowners, of course, didn’t want to pay high wages. In the early days of colonial settlement, many Europeans came as indentured servants — in effect, temporary serfs
  • landowners quickly turned to African slaves, who offered two advantages to their exploiters: Because they looked different from white settlers, they found it hard to escape, and they received less sympathy from poor whites who might otherwise have realized that they had many interests in common. Of course, white southerners also saw slaves as property, not people, and so the value of slaves factored into the balance sheet of this greed-driven system.
  • again, the dynamic was one in which greedy slaveholders used and perpetuated racism to sustain their reign of exploitation and terror.
  • Because U.S. slavery was race-based, however, there was a limited supply of slaves, and it turned out that slaves made more for their masters in Southern agriculture than in other occupations or places
  • Black people in the North were sold down the river to Southern planters who were willing to pay more for them, so slavery became an institution peculiar to one part of the country.
  • As such, slaves became a hugely important financial asset to their owners. Estimates of the market value of slaves before the Civil War vary widely, but they were clearly worth much more than the land they cultivated, and may well have accounted for the majority of Southern wealth.
  • Inevitably, slaveholders became staunch defenders of the system underlying their wealth
  • Hence the rise of serfdom as Russia expanded east, and the rise of slavery as Europe colonized the New World.
  • But Northerners wouldn’t do that. There were relatively few Americans pushing for national abolition, but Northern states, one by one, abolished slavery in their own territories
  • This wasn’t as noble an act as it might have been if they had been confiscating slaveholders’ property, rather than in effect waiting until the slaves had been sold. Still, it’s to voters’ credit that they did find slavery repugnant.
  • And this posed a problem for the South
  • Anyone who believes or pretends to believe that the Civil War was about states’ rights should read Ulysses S. Grant’s memoirs, which point out that the truth was almost the opposite. In his conclusion, Grant noted that maintaining slavery was difficult when much of the nation consisted of free states, so the slave states in effect demanded control over free-state policies.
  • This should sound familiar. Since the Supreme Court overturned Roe v. Wade, states that have banned abortion have grown increasingly frantic over the ability of women to travel to states where abortion rights remain; it’s obvious that the right will eventually impose a national abortion ban if it can.
  • For a long time, the South actually did manage to exercise that kind of national control. But industrialization gradually shifted the balance of power within the United States away from the South to the North:
  • So did immigration, with very few immigrants moving to slave states.And the war happened because the increasingly empowered people of the North, as Grant wrote, “were not willing to play the role of police for the South” in protecting slavery.
  • So yes, the Civil War was about slavery — an institution that existed solely to enrich some men by depriving others of their freedom
  • And there’s no excuse for anyone who pretends that there was anything noble or even defensible about the South’s cause: The Civil War was fought to defend an utterly vile institution.
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