Showing posts with label Constitutional Law. Show all posts
Showing posts with label Constitutional Law. Show all posts

Friday, March 5, 2010

DISCRIMINATION AGAINST APPLES IS STILL DISCRIMINATION : NO APPLE DESERVES TO BE TREATED DIFFERENTLY THAN ANOTHER

By : George A. Gleichman, an Apple born and raised in the United States of America (2010).

I am an American apple. My seeds grew in American soil. I matured on an American tree. I live in American air. And I am proud to be an American. When you look at me, you think: "That's an American apple."

I love this country. It gave me life and freedom. But advantages are not the only thing I love about America. Rather, I love this country because it stands for equality. Abraham Lincoln put it best when he said that our country is committed to the proposition that all men are created equal. Thomas Jefferson said the same thing in the Declaration of Independence. Later, our Constitution affirmed America's proud commitment to equality: "No State shall…deny to any person within its jurisdiction the equal protection of the laws." U.S. Const. Amd XIV, § 1.

For generations, we have fought to vindicate our egalitarian ideals in America. Throughout our history, we have battled to eradicate injustice and inequality in our land. We suffered civil war in order to free black Americans from slavery. Since then, we have struggled to give black Americans an equal chance at success. We have learned to revile discrimination. We recoil from unequal treatment in all its forms. We are committed to justice.

No American--black or white--deserves to suffer discrimination. Discrimination hurts. Discrimination marks you out as "different" and "wrong." It poisons souls. Our law takes a firm position against discrimination wherever it rears its ugly head. Even white employees can claim that their supervisors discriminated against them in hiring, pay, promotion and perks. Put simply, our law embodies the uniquely American commitment to equality that has guided our Republic since Jefferson's time. That is why we detest discrimination in all its forms.

What is discrimination? It means treating similarly-situated people and things differently. It means making crude distinctions. It means picking one person or thing over another. Every time a person chooses one thing over another, he discriminates. And discrimination is bad. It is un-American. It is anti-egalitarian. We are all equal in this country. No one deserves to suffer discrimination. No one likes to be passed over or treated unfairly.

Sadly, American apples endure rampant discrimination all over the country. Every single day, bigoted orchard workers ruthlessly examine American apples, judging some "acceptable" and others "bad." Then they pick the "acceptable" ones and toss the "bad" ones in a waste bin. Sometimes they even discriminate on the basis of color, too. They praise red apples. They even guarantee them a future at fruit stands. But not so for yellowing apples. Yellowing apples get tossed away and mashed into a pulp in some horrific juice processing warehouse. And no one hears their cries.

No American--whether human or apple--deserves vicious discrimination like this. How is it just to permit white human employees to sue employers for lunch hour discrimination, yet leave yellow apples without a remedy against brutally unequal treatment? After all, apples are apples. It does not matter whether they are red, green, yellow, ripe, unripe, rotten, soft or dying. They are still apples. They still have the same cells and cell walls. They still belong to the same genus and species. In short, they are similarly-situated. As such, how can our country permit discrimination against them?

If America's commitment to equality means anything, it must end apple discrimination NOW. We are as American as apple pie. In fact, there would be no apple pie without us. And without apple pie, America would not be the same place.

I was lucky. An apple-picker in Washington State looked at me and let me survive. But many of my brethren were not so fortunate. Some were not shiny enough. Others looked sickly. Still others did not quite make the color standard. Others were not big enough. Still others were too small. No matter their so-called "flaws," they all met the same fate: Savagely ripped from their branches, mashed to a pulp and hosed down into a sewer to be digested by beetles, rats, worms and horrible crawling insects.

Consider how these poor American apples felt when this happened. Think about what must have gone through their minds when the apple-picker said: "Ah, forget this one; it's too soft." Or: "Ewww, it's rotten. Get rid of it." Yet they were apples, just like me. They deserved equal treatment under law, not ruthless discriminatory judgment. Discrimination cuts to the core. Think about how my poor brothers must have felt when unfairly punished for faults beyond their control. A rotten apple does not ask to be rotten: It simply is. An apple's nature is no reason to discriminate against him. No American should ever endure unfairness like this.

America can do better than this. America has always done the right thing. And it can do the right thing when it comes to apples. America freed the slaves. It committed itself to equality for all under law. It recoils from unfairness and unequal treatment, no matter where it occurs. In short, America knows injustice when it appears. We are confident that America will recognize our ordeal soon enough. When Americans see the gross discrimination that apples face every single day, we are confident that public outcry will give us the protection we need. After all, Americans are decent people. They do not like it when living organisms suffer discriminatory treatment. It arouses their sense of justice. And they move purposefully to end it.

Why should only "people" enjoy "equal protection" under law? Are apples really so different from humans that they deserve discrimination and death? Bigots claim that discrimination is appropriate when two things are not similarly-situated. They say that humans and apples are sufficiently different from each other that differential treatment is reasonable.

But this is pure sophistry: Apples and humans are similar, not different. We both need air to survive. We both have cells. We both live and die. We both need water. We both need nourishment. We both reproduce. True, humans have blood and we don't. But we have juice, and that is very similar to blood. And the mere fact that we can perform photosynthesis is no reason to treat us differently under law. I always believed that America took strength from its diverse population: Why should it not be proud to include citizens who can perform photosynthesis? It is proud to include Pakistanis, cripples, Muslims and Chinese. Why not photosynthesis practitioners? Are they really so different from people who wear turbans? No matter what the bigots say, apples and humans are both living organisms. And we both deserve equality in this great Republic.

In sum, America must end discrimination against apples. For centuries, the United States has prided itself on eradicating unequal treatment and unfairness within its borders. It has expanded liberty and freedom. It has moved against discrimination in all its forms, whether racial, ancestral, gender-related or employment-related. Put simply, America does not like differential treatment. It fights to ensure that everyone receives the same treatment.

Against this background, we are confident that Americans will soon recognize apples' plight. Rectifying injustice against apples is simply the next evolutionary step on America's proud path to freedom. Blacks gained equality. Then women. Then employees. Then cripples. Then homosexuals. Now, apples demand equality. We, too, are living creatures with cells. We are the same as people, whether black, insane, handicapped, Catholic, gay or all five. People are apples. Apples are people. And similarly-situated people--and apples--deserve equal treatment. That is just the American way. Anything else is unjust.

Yet that is not how it is now. That is why every American must fight for apples just as strongly as they fought against slavery. After all, today apples face a bleak future at the mercy of bigoted apple-pickers who ignore the law. Billions of apples have already been pressed into oblivion, discarded, peeled for sport, quartered, gulped down by children, fermented into cider or imbibed simply because some apple-picker unfairly discriminated against them in some forgotten orchard.

It is time to stop this unforgivable cycle. It is time to heed our national conscience. It is time to remember that America stands for equality for all living things, even living things with shiny green skin and tasty pulp. And it is time to say what we already know: That discrimination is morally wrong. It is no excuse to say that apples are "different." You know they aren't. Apples are living things, just like you. You wouldn't grind your mother to a pulp and stick her in a gallon jug, would you? Of course not.

That is why we must all do the right thing. We must end apple discrimination TODAY. This is not about self-interested apples. This is about justice.

Thursday, February 11, 2010

TEA PARTY PRESIDENTS WILL NOT BE LAW PROFESSORS : CAN LAW GOVERN WAR?


AN ESSAY

Last week, Sarah Palin delivered a speech to the first annual "Tea Party" convention in Nashville. Many listened very closely to her remarks because everyone wants to know what she plans to do with her political future. Love her or hate her, she has found a niche: Semi-factually orating to the semi-intelligent, nativist, government-hating "silent majority" that would not mind seeing President Obama lying in a pool of blood.

Apparently, this "silent majority" has launched a "counter-revolution" called the "Tea Party Movement." From what I understand, its adherents believe that all government is bad. They take their name from the American patriots who revolted against English taxation by destroying royal property in 1773. I suppose that these 21st Century "patriots" share the same hatred for taxation as their 18th Century "brethren."

But that's about all they share. Patriots in the 18th Century fought against legitimate wrongs. They sought to establish a Republic of laws against foreign autocracy. By contrast, these 21st Century "patriots" are not rebelling against a foreign monarch to establish a "more perfect Union." No, they are rebelling against their own government in order to pay fewer taxes and to exclude undesirable immigrants from American shores. They don't want to establish a new government to provide for Justice and "Domestic Tranquility." They basically want to abolish all government so that private business can do whatever the hell it wants.

I don't think James Madison or Thomas Jefferson would have joined this "Tea Party." Their talk about "the Rights of Man" and "equal human dignity" would not have gone over too well with this wetback-hating crowd. And they certainly would not have gone far with arguments about a Constitution. No, Palin's "Tea Party" adherents just want unlimited business license, not an enlightened Bill of Rights.

In sum, then, I gather that the "Tea Party" wants something just above anarchy. They want a "minimalist" government that does not interfere with private wealth or property ownership. They don't want health or welfare regulations, nor do they want intrusive "civil rights" legislation that blocks business opportunity. They want government to maintain an army, protect the borders, guard foreign trade interests, vindicate private contract rights and to prosecute domestic criminals. Beyond that, they do not want government to play a role in public life.

So these are the folks to whom Sarah Palin directed her remarks last week. And what did she say? Not surprisingly, she took vicious swipes at President Obama, who represents everything the "Tea Party" is not: A big-government minority intellectual who eschews military strength and supports high taxes. She lambasted him for failing to keep America safe from terrorism. To make her point, she attacked his intellectual spirit: "To win [this] war, we need a Commander-in-Chief, not a Professor of Law."

In other words, law professors ruminate and dawdle over legal intricacies while Commanders-in-Chief ignore the law and just kick ass. "Tea Party" members don't want the law. They want swashbuckling, extralegal ass kickers.

As much as I personally disagree with Palin's simplistic reasoning on this point, I cannot ignore that she illuminates a popular distinction: She equates law with weakness in war. There are "law professors" and there are "Commanders-in-Chief." Law professors are vacillating cowards who waste time worrying about the law. By contrast, Commanders-in-Chief kick down doors and get the job done, the law be damned.

Sadly, there is a widespread public belief that anyone who follows the law cannot protect the country from terrorism. The "Tea Party" fully endorses this belief. It asserts that the President cannot protect Americans if he insists on following the law--and the Constitution. Rather, according to the "Tea Party," a "strong President"--namely, a "Commander-in-Chief"--will gladly ignore the Constitution in order to "kick terrorist ass."

This is a stunning admission of the law's weakness. After all, if ignoring the law is the only way to win wars, what does that say about the law? Why even bother with it? Wars test States in the harshest possible ways. Yet law is supposed to guide a State through everything. If the law cannot handle war, it cannot handle anything. If the public believes that law is insufficient to win wars, then it rejects law completely. No one trusts weakness; and the "Tea Party" associates law with weakness. In that light, it is no wonder that Palin pejoratively labels President Obama a "law professor." That is the same as calling him a "Professor of Weakness."

But what is the alternative? Who is the fabled "Commander-in-Chief"? What does the "Tea Party" want in a President? Do they want a man who tears up the Constitution and tramples on their rights as citizens? Do they want a man who ignores international treaties and indefinitely imprisons people without cause or charge? Do they want a man who tortures others? Do they want a military State? Well, that is the opposite of law. And if law is weakness, maybe they do. After all, terrorists exploit weakness. It's better to be strong than weak, no matter how much liberty you must surrender, right?

I say no. It is dangerous to associate law with weakness because our law exists to govern all contingencies, including war. Our Constitution creates the term "Commander-in-Chief." See U.S. Const., Art. II § 2, cl. 1. There is no fanciful distinction between "law professors" and "Commanders-in-Chief." If anything, the "Commander-in-Chief" owes his existence to the Constitution--and the Constitution symbolizes life under law. In this sense, "Commander-in-Chief" is a legal term. The "Commander-in-Chief" plays a specific constitutional role under law. According to the Constitution, the President manages war within the law. He even takes an oath to support the Constitution. See Art. II § 1, cl. 8. Textually speaking, then, the President's first duty is to the law, not to kicking ass.

Ms. Palin did not know that. But then again, she does not know a lot of things.

Law is not weakness. If anything, it symbolizes our strength as a State. In the United States, law stands for something better than mere brute force. We enshrine our deepest values in law. Through law, we guarantee personal liberties and rights. Through law, we define the parameters by which government acts. We insist on law because the law protects us. If war suddenly entitles government to ignore the law, we have lost our protection. And it is no accident that our Constitution provides for war. Our Framers knew that war often provides an excuse to ignore law. That is why they demanded that the law remain intact, even in war. By defending law even in war, we affirm ourselves our own strength as a State--and our own rights as individuals.

Yet the "Tea Party" would have us believe that war trumps law. It even mocks a President who commits himself to following the law to govern war. This is extremely troubling. After all, the President has an institutional duty to follow the Constitution. By observing the law, the President is not betraying the people; he is doing his constitutional job. This is not weakness. If anything, it is strength.

Still, it is hard for the semi-intelligent (and sub-intelligent) masses to understand the value in defending law. To them, kicking ass seems a much more satisfying governmental option than according Due Process rights to prisoners and fretting over procedures. But if they only knew that fretting over procedures keeps everyone free. Perhaps then they would understand that there is value in defending law. After all, once the law falls in one case, everyone is vulnerable, not just the ne'er-do-wells rotting at Guantanamo Prison.

For my part, I feel safer knowing a law professor is guarding the Constitution than some "Tea Party" fanatic who would gladly take a dump on my rights simply because he says there's a "war on" somewhere.

But I'm unusual. Most Americans don't mind when authorities shit on their rights, as long as they can keep shopping in peace. That's why they might join the "Tea Party," and I won't.

Monday, February 8, 2010

CITIZENS UNITED v. FEC : WHY THE SUPREME COURT'S RECENT CORPORATE ELECTION SPENDING CASE IS ALL WRONG

AN ESSAY

PART 1

Perhaps against my better judgment, I passed several hours this weekend working through the Supreme Court's recent campaign spending case: Citizens United v. Federal Election Commission, 558 U.S. __(2010)(slip op.). In brief, the case invalidates a Congressional Act that restricts corporations from making "independent expenditures" or issuing "electioneering communications" that expressly "advocate the election or defeat of a particular Federal candidate" within 30 days of a Federal election. 2 U.S.C. §§ 441(b), 434(f)(3)(A). The Court said that the Act violated "all corporations' right to political speech" under the First Amendment. In the process, the Court overruled a 20-year old precedent that upheld the same law on the State level: Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990).

I reacted with surprise when I learned what the Court had done. After all, it made perfect sense to me why Congress would want to restrict corporations' ability to spend money advocating particular Federal candidates: To prevent massive, wealthy businesses from deluging the public with their views, foreclosing fair debate in an election. Money buys influence. Even if corporations do not use money to literally "buy off" a candidate, they can easily use it to buy up all the airtime and essentially tilt the playing field to favor candidates they like--namely, guys who support corporations and their agendas.

In 1990, the Supreme Court said as much. In Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), the Court--speaking through a 6-3 majority--concluded that restrictions on corporate "independent expenditures" during elections did not violate the First Amendment. True, such restrictions impacted corporations' "freedom to speak." But the Court found the State's interest in preventing "the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form" justified restrictions on corporate political speech. Id. at 660. The Court further reasoned that a State could restrict corporate spending on elections in order to curb "corruption or the appearance of corruption." Id. at 659.

In other words, the Court recognized in 1990 that corporations hold disproportionate political influence in America because they have so much more money than individual voters. That was true 20 years ago. It is even more true today. Corporations are getting bigger and bigger. Traditional competitors merge with each other. Their treasuries grow. And they can use that money to dominate the airwaves before elections in ways that individuals cannot.

But now the Court overrules Austin. Writing for the new conservative majority, Justice Anthony Kennedy called Austin "poorly reasoned," even though six justices voted for it just 20 years ago. So I guess that means a case is "poorly reasoned" when it tells the truth about corporations. It is no accident that Kennedy did not vote for Austin back in 1990. Today he gets his revenge, thanks in large part to right-wing help from Bush appointees Clarence Thomas, John G. Roberts and Samuel A. Alito. Those guys weren't around in 1990. Now they're calling the constitutional shots: They think Austin was "poorly reasoned," so they overruled it.

Why did they think Austin was "poorly reasoned?" After all, doesn't it seem obvious that Congress should take steps to prevent massive corporations from dominating news cycles at election time? I think so. But I'm not on the Supreme Court.

Much to my amazement, the conservatives actually phrase the debate in "liberty" terms. They think that corporations are exactly the same as private individuals when it comes to First Amendment rights. Applying that legal fiction, they think that corporations--like individual guys on soapboxes--have the right to unlimited free speech. And they are outraged that "poor little corporations" might face criminal prosecution under the law if they spend money supporting a Federal candidate before an election.

To be clear, the Federal law in this case does not bar corporations from spending money on elections. It merely requires them to set up separate entities for political purposes--so-called "Political Action Committees" (PACs). If a corporation wants to spend money advocating for a candidate, it has to spend through the PAC, and the PAC must report its funding sources. This allows the public to see who is paying for the corporate messages. PACs must also keep a treasurer and records. Yes, corporations have to endure some bureaucracy before exercising their First Amendment rights under the law. But it is not as if they cannot speak: They must merely follow a few more administrative steps than private individuals.

Yet the conservatives scream bloody murder about these administrative steps. How unjust and unfair, they say, that corporations must form new entities and pay some paperwork expenses in order to influence Federal elections! Justice Kennedy paints a doomsday scenario in which he claims that "poor little corporations" cannot afford to comply with these "administrative steps" prior to speaking on an election. He says nothing about the mammoth corporations that have the time and resources to comply with the law. No, it's all about the "little corporations--" the poor, wronged little corporations and small family businesses.

In truth, it is extremely easy for small businesses to circumvent the law here. Assuming that small businesses even have the capital needed to advertise for major Federal elections, they could avoid problems with the law merely by creating a PAC or by speaking as individuals. The law only applies to corporations, so a "little" corporation could sidestep it by refraining from speaking as a corporation. If a "little" corporation only has two members, they could speak as individuals "with connections to small business." They do not need a PAC. They still have their individual First Amendment rights. When the law involves fictions like "corporate people," it is easy to be imaginative in thwarting those fictions.

In this light, it is foolish for the conservatives to crusade for the "poor, wronged little corporations." By standing up for the "little corporations" in Citizens United, they actually abolished restrictions on the big corporations--and they were the ones who caused the problem in the first place. They threw the baby out with the bathwater. But that was probably what they intended all along.

And what glib reasoning the Court used to reach its corporate-friendly conclusions. While I might find it obvious that "immense aggregations of corporate wealth" have a "corrosive and distorting influence" on Federal elections, the Court resolved that quandary easily enough. On this point, Justice Kennedy merely says: "We conclude that independent expenditures made by corporations do not give rise to corruption or the appearance of corruption." Citizens United, 558 U.S. __ (2010)(slip. op. at p. 42).

Oh, all right. I'll just take your word for it. When I see a corporation funneling $140 million to advocate a Republican candidate for Senate, I won't assume any corruption. Corporations, after all, are selfless and would never do anything underhanded.

Let us even imagine that corruption--or the appearance of corruption--does not flow from corporate expenditures on behalf of a candidate. Even then, the fact that a corporation spends massive amounts to elect a corporate-friendly candidate creates popular perception that the corporation "bought" the candidate.

But Justice Kennedy resolves this issue easily enough: "The appearance of influence or access, furthermore, will not cause the electorate to lose faith in our democracy." Citizens United, 558 U.S. __(2010)(slip op. at 44).

Of course not, Justice Kennedy. How could I lose faith in our democracy when major corporations outspend their ideological opponents by millions to get pro-business Senators, Representatives and Presidents elected? How could I lose faith in our democracy when major corporations buy up all the airtime to get their guys in office? After all, I have to respect corporations' First Amendment rights, too, don't I?

According to Justice Kennedy, indeed I do--even if respecting a corporation's First Amendment rights makes it almost impossible to effectively exercise my own.

At this point, we begin to see the real problem with the conservatives' philosophy about corporate free speech rights. After all, when a powerful person--or a powerful group--exercises his free speech rights, he makes it more difficult for less powerful individuals to voice theirs. It is elementary that money translates into political influence. People with more money can speak more loudly on issues than those with less. By definition, corporations have far more money than even powerful private individuals.

Under this reasoning, it is easy to see how corporations can drown out debate simply by exercising their First Amendment rights. They can overwhelm private opposition by spending massive sums on ubiquitous advertising. That is the "corrosive and distorting influence" that the Court described in Austin. And corporate power to exert "corrosive and distorting influence" is the reason why Congress imposed limitations on the their ability to exercise their speech rights in the first place. Put simply, when corporations exercise their speech rights, they make it progressively more difficult for individuals to exercise theirs.

That is the real meaning of the conservative "corporate liberty" argument: By freeing corporations to speak, everyone else has to shut up and listen to them. In my view, that is not what the First Amendment is about. The First Amendment is about individual rights, not corporate rights. If corporate free speech rights make it difficult for individual free speech rights to survive, I have little problem regulating corporate free speech rights.

But Justice Kennedy does not acknowledge any of this. He does not see the obvious--and disturbing--practical implications behind his reasoning. Rather, he seems to dwell in some ethereal place in which corporate liberty is the same as individual liberty. As such, he sees the corporation as the victim. He even ascribes wisdom to corporations, as if corporate speech could actually enlighten the population: "Corporations do not have monolithic views. On certain topics, they may possess valuable expertise, leaving them best equipped to point out errors and fallacies in speech of all sorts, including the speech of candidates and elected officials." Citizens United, 558 U.S. __(2010)(slip. op. at 48-49).

Contrary to this rhetoric, corporations do have monolithic views on many issues. When it comes to profitability and shareholder enrichment, all corporations are the same: They want to make as much money as possible. That is a "monolithic view." In that sense, corporations will always say the same thing: Namely, whatever will benefit the corporation in the circumstances. In political speech, that means a corporation will always say things to support candidates who will make them richer. Given that, it is ridiculous to think that corporations will somehow "enlighten the public" with their "diverse viewpoints" on life. Corporate political speech is all the same: It is calculated to get people elected who will make them richer. End of story, Justice Kennedy.

In sum, this case disgusts me. I have other objections about it that I will raise in a later post. But for now, it is enough for me to say that the conservatives' view about "corporate liberty" eviscerates the First Amendment's focus on individual expression. Congress understood that corporations had to cede some expressive liberty in order to protect everyone else's relative ability to engage in political speech. Now that the Court has abolished those restrictions, it has opened the door to even greater corporate control over government.

Corporate control over government was already bad before this case. Now it will get even worse. As I suggested in a satire a while back, we might as well just rename the country the "United States of America, Inc." because that's exactly where we're headed. Or maybe we're already there.

Thursday, February 4, 2010

OUR SHAMELESS, DISGUSTING SUPREME COURT

OESTERHOUDT STRIKES

Today I am reading the Supreme Court's decision about corporate funding in Federal election campaigns: Citizens United v. Federal Election Commission, 558 U.S. __(2010)(No. 08-205 slip op.). I have already heard horror stories about this case. But I am always careful to judge Supreme Court cases without actually reading them. The press usually distorts what Supreme Court cases actually say. Sometimes they exaggerate. Other times they leave out disturbing (or encouraging) nuances. If my legal education taught me anything, it was always to read a text carefully before saying anything about it. And you really have to do that in order to understand a Supreme Court case.

That is not to say that magic lies within Supreme Court cases. Far from it. In most cases, Supreme Court decisions represent nothing more than gross political prejudice masquerading as erudite legal science. Justices make up their minds about the political issues at stake in a constitutional question. Then they instruct their law clerks to dress up their prejudices in neat legal rhetoric for the presses. Principle rarely plays a role in this process. It's just power and political judgment operating as law.

In law school, I read old Supreme Court cases and marveled at them. In the 1950s and 1960s, the Court actually seemed to want to find justice in American law. I even dreamed about becoming a justice myself: It seemed that they could actually do some good in the world. Men like William J. Brennan, Jr., Thurgood Marshall and William O. Douglas became my intellectual heroes because they spoke out against entrenched American injustice. And they bent positive law in order to achieve justice: They knew that positive law could legally create injustice just as easily as a mob could inflict injustice without law.

But those days are long, long gone. Supreme Court justices today do not fight the good fight. They are tired, uninspiring, lukewarm political actionaries who do less to enlarge individual rights than to stamp out what few liberties Americans still have. Worse, the current five-member conservative alliance is far more concerned with corporate freedom than individual rights. Under Chief Justice John G. Roberts, Jr., the Constitution stands for corporations, not people.

That is not inspiring. It is just disgusting.

It is doubly disgusting because justices today actually reference Supreme Court precedent enlarging individual freedom to defend massive corporations. I have only made it through the first 12 pages in Citizens United v. Federal Election Commission, and already Justice Kennedy cited two cases in which Chief Justice Roberts referenced cases from the liberal 1960s to argue that "corporations need freedom, too." This is like the KKK using Brown v. Board of Education, 347 U.S. 483 (1954) to argue that "murderous white bigots are people, too." This sheer dishonesty--and ignorant contempt for American history--makes my jaw drop.

First, Chief Justice Roberts cited New York Times v. Sullivan, 376 U.S. 254 (1964). In that case, arch-liberal justice William J. Brennan, Jr., concluded that newspapers could not be sued for libel when publishing stories about "public figures" and "matters of public concern." The case stands as a testament to individual free speech rights. It established a principle that the people can speak freely about the powerful without substantial legal worry under the First Amendment. It reinforced the idea that the First Amendment is the people's check on the powerful: They have a right to speak no matter how exulted their target.

But now comes Chief Justice Roberts. He rips Sullivan's hopeful constitutional language from its context to support a conclusion that the First Amendment "must give the benefit of any doubt to protecting rather than stifling speech." Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449, 469 (2007)(opinion of Roberts, C.J.).

Justice Brennan wrote those words to promote public speech by individuals against powerful interests. They made sense in that context. But now Chief Justice Roberts shamelessly co-opts them to promote corporate speech designed to influence elections and ram corporate messages down people's throats. This is the ultimate misuse of Sullivan. Justice Brennan would have been horrified to see his language warped for this purpose.

Chief Justice Roberts does not end here. He uses another classic liberal First Amendment standard from the 1960s to support neoconservative corporate license in the 2010s: NAACP v. Button, 371 U.S. 415 (1963). In that case, the Court struck down segregationist Virginia laws that banned black political agitators from promoting civil rights. Justice Brennan--the liberal champion--again wrote the opinion, remarking: "First Amendment freedoms need breathing room to survive." Id. at 433.

Chief Justice Roberts used the same sentence to defend the corporate freedom to ram political advertisements down people's throats. Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449, 468-469 (2007).

This is so outrageous it is almost satirical. To even imagine that a Republican Chief Justice would steal language from a symbolically liberal free speech case to aggrandize corporate power is so shocking that it prompts disbelieving laughter. But Chief Justice Roberts did exactly that: He used a 1960s civil rights case about the First Amendment's importance in the individual's arsenal against injustice to bolster a corporation's power to maintain its strength over individuals.

That is almost as inappropriate as prying random words from a Hitler speech to commend Jewish freedom.

Sadly, this is how the Supreme Court operates these days. It has no respect for principle, no respect for American history and no respect for consensus. It ignores the fact that the Constitution should provide guiding unity on major principles, not an excuse for discord. On hot-button issues, its members dig in their heels and act like children--or Congressmen. They cannot agree on anything except their own base prejudices, which they enshroud in law as soon as they get a fifth vote--just like Congressmen.

Maybe this is just how any human being would behave in the circumstances. But these are Supreme Court justices; we should hold them to a higher standard. They say they are not politicians. They say they rule "on the law and nothing else."

But I see through the charade. It's all nonsense. It's all just crude power play. And it's disgusting because it's so dishonest. If a Chief Justice can corrupt hopeful language from 1960s civil rights cases to enlarge corporate power today, it is obvious that the Supreme Court has no shame at all. Just like any political group, it will use whatever means at its disposal to achieve particular results.

Yet the Constitution is more concerned with means than ends. The People adopted the Constitution because they demanded respect for individual rights against the government and larger powers. While corporations may not have been as powerful in 1787 as they are today, it is indisputable that they now wield enormous influence over American lives. Corporations can dominate debate about public issues in a way the Framers could scarcely have imagined. That is dangerous for individual First Amendment rights.

Apparently, this Supreme Court does not understand that. Now I'm afraid to continue reading the case. Who knows what terrors lurk in its later pages.

On the other hand, I might get a few guffaws along the way--and more ideas for satire.

I can't write the shit Supreme Court justices come up with.

Friday, January 29, 2010

NATIONS AND STATES ARE NOT THE SAME THING : IS THERE AN AMERICAN NATION AT ALL?

AN ESSAY

What are nations? What are states? Are they the same thing? If you listen to mass media in the United States, you might think they are. Politicians talk about the "American Nation." Colloquially, we hear terms like "all over the Nation" and "nationwide." Somehow, we have equated the word "Nation" with "country" or "state." But the word "Nation" exists for a reason: It has its own meaning. And upon closer inspection, we see that the United States really may not be a "Nation" at all.

Nations are not political entities. Nations are human populations that share common ethnic, religious and linguistic traditions and values. States are political entities. It makes sense to create a State from a Nation, but it is not necessary. In that sense, States are artificial while Nations are genetic. People in a Nation intuitively understand one another because they all speak the same language, look basically the same and represent the same cultural traditions. By contrast, there is no need for people in a State to understand one another. Several Nations can agree to live under the same State. States simply administer the law and keep order. But Nations exist regardless of the State that rules them.

States are artificial because they depend on artificial members: Citizens. The word "citizen" is a technical term. It has a specific definition by law. True, the definition varies depending on the State that creates it. But it is still a legal conclusion, not a genetic fact.

Aristotle defined "citizen" in The Politics. He said that "citizens" are people who are qualified to participate in government and to hold office. The Politics, Book III ch. i § 1275a22. "Participating in government," in turn, means "deliberating or judging" on all matters relevant under the Constitution. Id. at § 1275b13. And only States create Constitutions. Aristotle continued this reasoning by concluding that "a number of [citizens] large enough to secure a self-sufficient life we may, by and large, call a state." Id. He then posited that states only exist to the extent that citizens associate with each other under a particular Constitution. The Politics, Book III ch. iii § 1276a34. By this reasoning, states are technical: They exist only to the extent that citizens continue to recognize a particular Constitution. When they no longer agree to abide by the Constitution, the state ceases to exist. Id.

What is so significant about these definitions? They are significant because they say nothing about nations. According to Aristotle, a State exists only as a matter of law; it does not require national identity. States are technical fictions created by people who want to secure a better life. To achieve that goal, they create a Constitution that delineates government power and the rights of citizens. Citizens take their identity in the State from the Constitution, not from their national origins. As a legal matter, nations are irrelevant to the State. Strictly viewed, states are not nations, and nations are not states.

But that is just the legal view. Reality exists quite apart from law, and reality shows that national identity greatly influences state power. States function more effectively when their citizens all come from the same national background. States are more cohesive when all their citizens speak the same language, represent the same cultural traditions and live by the same basic values. When States create Constitutions to reflect shared national values, they simplify the business of government. No matter what anyone says, it is much easier to govern a relatively homogeneous population in which everyone views life in a similar way.

Perhaps it sounds archaic--or even racist--to suggest that States function best when they comprise a single Nation. After all, popular American rhetoric holds that America's strength flows from its diversity. According to that rhetoric, anyone can be an American "citizen" no matter what "nation" they represent. As long as they "participate in government and hold office" under the Constitution, they are "citizens," even if one comes from Iraq and the other from Holland. In other words, the United States--at least on paper--takes pride in the fact that its "State" represents every "Nation" on earth.

That may be so. But it is inaccurate to call the United States a "nation." Our Constitution certainly makes the United States a "state." Everyone within the territorial jurisdiction of the United States abides by technical laws passed in compliance with a Constitution that every citizen theoretically supports. Every "citizen" under that Constitution may "participate in government or hold office." That suffices to call the United States a "state." But it does not suffice to call it a "nation."

Our American republic is unique among world States because it has virtually no national identity. Our citizens represent every possible cultural, religious, linguistic and racial group. Culture, religion, language and race all influence the values that people hold dear in their lives. As such, the United States is at war with itself; its citizens hold every conceivable value and they frequently clash. There is no simple cultural unity. While every "nation" in the United States might contribute to the state's overall strength, they certainly do not contribute to a united American culture. American culture exists only as far as a particular "nation" within the United States observes it. As such, it is confusing discuss "American identity." To really understand "American identity," it is insufficient to examine whether a person is a citizen. Rather, one must look further into the person's national identity to figure out who he is. And in a state that comprises a thousand nations, that is a hard task.

Despite America's uncertain national character, there are other ways by which to measure cohesion between American "citizens." There are other ways to assess whether people come from the same "nation." Indeed, Americans from every cultural tradition have created "pseudo-nations" that link them in ways that language, race or ethnicity cannot. For example, millions of Americans love football. That makes them part of a "football nation" with a common culture and language. Millions more love television shows. That makes them part of a "television" nation with shared values and traditions. These might be weak replacements for true national identity. But Americans make do in whatever ways they can.

People yearn for national identity. States that encompass a single Nation generally radiate that identity without trying too hard. But the United States is a problematic case. Americans yearn to be "American" without really understanding that there is no "American nation." To fulfill that longing, they rally around things they all like, especially commerce.

Americans are notoriously commercial. They turn to commerce for meaning in life more than many other people in the world. I argue that this is due in part to the fact that they long for something to define them as a national group. If Americans can't all belong to a single value system or cultural heritage, they at least can all represent a worldview based exclusively on commercial success.

For better or worse, this "replacement identity" has stuck: Most people in the world associate Americans with business success, enterprise and "do-it-yourself" entrepreneurship. That is America's "national identity." If the United States cannot be a "nation" in traditional sense, it can simply rewrite the rules to suit its situation.

Commerce is America's national identity. We are a "money nation." We don't all speak the same language or have the same hair color. We don't all worship the same God or observe the same holidays. But money unites us: The maniacal, ruthless, insistent, all-consuming urge to amass cash. German-Americans do it. Irish-Americans do it. Chinese-Americans do it. Russian-Americans do it. Sengalese-Americans do it. Mexican-Americans do it.

That is our Nation. That is our culture. That is our language. That is our common ground.

One Nation, under cash, with liberty and justice for all.

Tuesday, January 5, 2010

BIRTHRATES AND HOMOSEXUALITY : A CLASSICAL PERSPECTIVE AND A WORD ON TRADITION-BASED ARGUMENTS

AN ESSAY

Over the last few weeks, I have been delving deeper into Aristotle's Politics. In a previous essay, I wrote that I had begun to read Aristotle with more forgiveness. Now, I can confidently say that some of his ideas actually "work" for me. I no longer cast a suspicious eye on everything he writes. Rather, I closely evaluate his arguments to parse points that make sense to me.

In the past, I criticized Aristotle because he was too metaphysical. He presumed that everything on earth has an identifiable "purpose," and that absolute "truth" was obtainable by analyzing various interactions between "purposes." I first read Aristotle when I was college. At the time, I was making discoveries about my own sexuality. Aristotle's metaphysics appeared to argue against "non-procreative" sexuality because "male sexual organs" and "female sexual organs" have absolute, reproductive "purposes." Accordingly, using sexual organs for purposes beyond procreation amounted to "misuse." It is not surprising that the medieval Church and the modern Catholic Church closely read Aristotle. They used this very argument to demonize all sexuality-- with special vehemence reserved for homosexuality.

But a much different picture emerged when I sat down to read Aristotle again. Rather than condemning homosexuality as an abomination--as I always assumed he did, without ever reading as much--he espoused a much less judgmental attitude. To the contrary, he seemed to echo my own belief that homosexuality exists in nature, and that it makes little sense to condemn it. See, e.g., http://reasoncommercejustice.blogspot.com/2009/01/oesterhoudt-strikes.html.

In analyzing the Spartan Constitution, for example, Aristotle reasons as a biologist, observing: "[C]ertainly all people seem compulsively attracted by sexual relations, either with males or females." The Politics, Book II, Ch. ix ¶ 1269b23. Earlier in the same paragraph, he actually praises "societies in which male homosexuality is openly esteemed," because male-centered societies--unlike Sparta--tend to keep avaricious women in check. Id. Aristotle believed that males "naturally" ruled females; thus, it was more an abomination to tolerate females "ruling" men than to allow males to have sex with each other. But in the final analysis, Aristotle suggests that sexuality is natural, no matter whether it involves males or females. Human beings are simply "compulsively attracted" by sexual relations. And that "compulsion" does not draw a bright gender line.

Aristotle does not simply conclude that homosexuality is natural. He even observes that homosexuality performs an essential State function by restraining birthrates. In analyzing the Cretan Constitution, he notes that the lawgiver actually prescribed "sexual relations between males" in order to "keep[] down the birthrate." The Politics, Book II, Ch. x ¶ 1272a12. He also notes that the lawgiver strictly separated males and females in order to prevent unnecessary pregnancies. Id. Put another way, the Cretan lawgiver understood that all human beings are "compulsively attracted by sexual relations" with each other, so he allowed both men and women to find sexual outlets in a manner that would not bankrupt the Kingdom by overpopulation.

I found this fascinating for several reasons. First, I never thought that a classical philosopher--let alone Aristotle--would argue that homosexuality could actually be exploited to fulfill a beneficial State objective. I always thought that Western governments took a moral stance against homosexuality. Apparently that is not true. In the Politics, Aristotle frankly discusses homosexuality as both a natural phenomenon and worthwhile social policy. Morality does not even enter the analysis.

Second, I found it interesting that Aristotle repeatedly speaks out against birthrates. Although he only mentions homosexuality in connection with birthrates in the Cretan example, he mentions low birthrates many times throughout the Politics. He equates high birthrates with poverty, discord and ruin. At the same time, he praises States that carefully control their populations. This makes sense given Aristotle's belief that States should strive to cultivate "good" people, not just "many" people.

Aristotle's views on homosexuality and birthrates fundamentally differ from modern views on the same subjects. For centuries, Western society has learned to revile homosexuality in all its manifestations. Church dogma called homosexuality a "sin;" it warned homosexuals that they would go to hell if they "practiced" it. The law labeled it a "crime;" it warned homosexuals that they would be executed or imprisoned for it. Even the scientific community diagnosed it as a "disease;" psychiatrists did not remove it from the book of "mental illnesses" until about 1970.

Although extreme institutional intolerance toward homosexuality has slowly weakened over time, there remains a virulent moral strain against homosexuality in Western societies. It is still "not normal." It is still somehow illegitimate and "disgusting." Put another way, it may not be "illegal" anymore; but it is still "immoral." Despite some modest legal advances in recent years (i.e., it is no longer constitutionally permissible to jail gay men for having sex), these attitudes force homosexuals to live on the fringes of society. They risk everything by living truthfully. They face a difficult decision whether to tell others about their own sexuality, a decision that no other people need to worry about in society. Or they can simply to choose to live in secret.

These are hardly appetizing decisions to make in life.

Against this background, it is almost inconceivable that a respected scholar would suggest that homosexuality is "natural," let alone that it could serve a "beneficial social purpose." If anything, attitudes toward homosexuality in Western civilization reveal little more than contempt. Until the late 19th Century, "sodomites" hanged in Great Britain. That is a far, far cry from Aristotle's argument that homosexuality actually could provide a benefit to society through lower birthrates.

But Western societies traditionally do not like low birthrates, either. That is why Aristotle's views on low birthrates seem so fascinating today. Historically, Western societies have done their best to encourage high birthrates. They have generally wanted to increase their populations. This coincided with Church dogma that men and women should "honor God" by "blessing Him" with as many offspring as possible. Just as the Church preached against homosexuality, so too did it praise prolific childbearing.

Modern America is no exception to these attitudes. For the most part, the United States encourages procreation among its citizens. Families with many children earn social praise, even congratulations. By the same token, modern America does not fully tolerate homosexuality. Homosexuals, after all, do not procreate. Is there a conceptual link between historical hatred for homosexuals and their inability to contribute to the birthrate?

Is there a moral link? After all, Western history shows that high birthrates bespeak "moral" living, while homosexuality bespeaks "immorality" because it does not contribute to the birthrate. In this sense, there is an inverse relationship between homosexuality and birthrates in modern society: The capacity for high birthrates is moral and good, while homosexuality is immoral and bad because it does not lead to high birthrates.

These views have reigned in the West for centuries. But a quick read through Aristotle reveals that it has not always been so. If a philosopher as renowned as Aristotle suggested that homosexuality is natural and that low birthrates are good, what does that say about "traditional" Western views on these subjects? After all, those who demonize homosexuality as an immoral abomination prize arguments based in "tradition." They say that "tradition" provides a reason to hate homosexuality because "our society has always reviled homosexuality."

But what if "tradition" is wrong? Or at least conveniently tailored to meet ideological ends? When it comes to homosexuality, Aristotle provides a historical example that not everyone in the "Western tradition" thought homosexuality was an abomination. Put simply, Aristotle's divergence from the so-called "tradition against homosexuality" shows that "tradition" arguments can be very misleading. After all, it is easy to just ignore inconvenient voices in a historical tradition, then call the tailored version "tradition."

I do not think that "tradition" categorically supports an argument that homosexuality is necessarily "immoral," or that high birthrates are necessarily "good." We simply must reference Aristotle to wreck any argument that "tradition" on these subjects has been unanimous. It hasn't.

And to those who think arguments based in tradition somehow carry special weight, I offer another quote from Aristotle to temper reliance on tailored history: "Generally, of course, it is the good, and not simply the traditional, that is aimed at." The Politics, Book II, Ch. viii ¶1269a3.

Put another way, it is no answer to a problem to say: "That's the way we've always done it." Solving problems takes independent thought, not blind imitation or historical charades.

Monday, January 4, 2010

UNDERPANTS ARE DANGEROUS AND MUST BE SEARCHED, NO MATTER THE COST

A CRITICAL MESSAGE FROM THE DEPARTMENT OF HOMELAND SECURITY

By : Mr. B. Kyle Hosenfeld, Ph.D., Acting Commissioner for Airport Security, Department of Homeland Security (appointed by President George W. Bush, 2005-present); Former Chief Financial Advisor, Traxxx Garment Manufacturing Company, Inc., Toledo, Ohio (1990-2005); Lingerie Expert (since childhood); Ladies Hosiery Hobbyist (1976-present).

Terror does not take a Holiday. Terror does not distinguish between the old year and the new year. For terrorists, every day is another opportunity to kill Americans and disrupt American business. Here at the Department of Homeland Security, we know that.

That is why we never rest. We are committed to protecting the American people from Muslim fanatics, as well as any other fanatics who attempt to depress the stock market through violence. This holiday season, we saw that terrorists remain determined to strike America. Almost a decade after 9/11, a Nigerian Muslim named Umar Farouk Abdulmutallab tried to blow himself up on a packed airliner above Detroit. To accomplish his dastardly plan, he packed explosives into his underwear. Thankfully, they did not detonate; he succeeded only in setting his own pants on fire. The New York Post dubbed him "The Crotch Bomber." The Daily News called him "Fruit of the Loon."

We concur. But despite Abudulmutallab's failure, we understand that the American public remains concerned about terror. For that reason, we have instituted new airport security measures to assuage anxieties concerning hosiery-borne weapons of mass destruction. We believe that we can stop terror attacks before they happen. And that means searching every piece of underwear in the airports--and that means all of it, right down to the buttocks.

Searching underwear is the only way to verify whether an airline passenger is really a terrorist. In the past, we have seen that various garments can carry weapons. Learning from the past, we here at the Department instituted a new airport security principle: Target the offending garment. When Richard Reid tried to detonate a bomb in his shoe in 2001, we decided that all shoes are dangerous and must be searched. In the years since, Americans learned that they had to take off their shoes before boarding an airplane.

We should apply the same rule in this case. Here, Umar Farouk Abdulmutallab tried to detonate an explosive in his underwear. The "offending garment," then, is underwear. Just as we required all Americans to take off their shoes at airports because Richard Reid transformed shoes into an "offending garment" in 2001, so too must we require Americans to take off their underwear today. It is the only way to ensure maximum safety for all.

We do not believe that Americans will find it inconvenient to remove their underwear prior to boarding aircraft. In 2001, Americans understood that Richard Reid nearly blew up a plane with a shoe-bomb, so they willingly suffered some inconvenience by removing their own shoes in the years that followed. In 2010, Americans understand that Umar Farouk Abdulmutallab nearly blew up a plane with an underwear-bomb, so they will not mind suffering some inconvenience by removing their underwear, too. When safety is at stake, Americans do their part. Underwear is no different than a shoe. When removing a garment is necessary to protect America from Islamic terror, we are confident that Americans will gladly--and publicly--take everything off.

We recognize that civil liberties advocates will object to our new underwear search protocol as excessive. They will say that requiring all Americans to remove their underwear will encroach upon their dignity. They will say that it will invade their privacy. They will even say that it will embarrass children and women, especially overweight ones.

We disagree with these contentions. For one, we point out that privacy must yield to national security concerns. We all like privacy. But when it comes to preventing terror, we all must be prepared to bare all for safety. If we are a little embarrassed about our bodies, we must learn to overcome our shyness, whip off our underwear and put it on the automated x-ray conveyor belt. Second, the United States Constitution does not guarantee "dignity." Even if stripping naked in public were somehow "undignified," we reject the assertion that an official, Federally-mandated underwear search violates "dignity." If nudity occurs pursuant to law, it is not undignified. More to the point, we are certain that every American would rather sacrifice their dignity by removing their underwear in front of leering, apathetic Transportation Safety Agents than be blown up in midair. Viewed in that light, we see absolutely no merit to the claim that mandatory underwear searches violate "privacy" or "dignity."

Mandatory underwear searches will do more than merely stop terror. They will also yield beneficial secondary effects. For example, many drug traffickers elude detection by packing narcotics in their underpants. By requiring everyone to remove their underwear, we would eliminate that subterfuge for good. Furthermore, mandatory underwear removal will enable Federal agents to identify dangerous, ugly, unpleasant and malodorous genitalia. Under applicable Federal statutes, such genitalia are "weapons of mass destruction" that subject the possessor to felony terrorism charges. Until now, it has been difficult to locate dangerous genitalia because they are generally camouflaged under trousers, skirts, underpants and stockings. But thanks to the new underwear removal procedures, we will be able to effectively enforce the law against recalcitrant genital terrorists.

In sum, we here at the Department are committed to protecting Americans, no matter the cost. We believe it is logical, consistent, effective and reasonable to require all airport travelers to remove their underwear prior to boarding any flight originating on American soil. Contrary to all objections, this is not a drastic step. It is no different than the regulation requiring Americans to remove their shoes. By orienting airport security scrutiny around the "offending garment" principle, we achieve theoretical and logical consistency for our enforcement efforts. Not only that, we also increase safety, deter terror and reduce genitalia-related crime in interstate commerce. We achieve all these salutary goals merely by requiring Americans to take off their underwear at security checkpoints. Balancing the burdens against the benefits in this case, we must conclude that we have found a winning procedure.

In a final step, we have also determined that all travelers with the word "Abdul" anywhere in their names must be forbidden from air travel. That includes American Idol judge and pop singer Paula Abdul, as well as avowed terrorists such as Abdul Sheikh Mohammed. Although liberal activists and Middle Eastern scholars will doubtlessly claim that this measure sweeps too broadly, we respond that we have conclusive evidence that people with the name "Abdul" stand a much higher chance to commit terror than people named Swanson, Harrison or Clark. When it comes to security, we must consider probabilities. And in this case, we are simply playing the numbers: Abduls are more dangerous than Clarks.

It is safe to fly in America. Do not let terrorists like Umar Farouk Abdulmutallab discourage you from taking a trip. Despite his nefarious attempt to kill Americans with explosive underwear, we have emerged from this crisis safer than ever before. We have learned that both shoes and underwear are mortally dangerous. To that extent, we have tailored our security protocols to ensure that neither shoe nor slip poses a threat to law-abiding Americans. From this day forward, we promise to search every last undergarment that passes through any airport in the United States.

Terrorists beware: We will search your underwear.

And behold America's resolve: We are not afraid to take off all our clothes, even for a Podunk flight from Tuscaloosa to Memphis. Even if we weigh 500 pounds, we are unafraid. We will take it all off.

When in doubt, just remember our new slogan:

Because security begins with safe underwear®.

Saturday, January 2, 2010

OESTERHOUDT REVIEWS THE DECADE--AND HIMSELF

A REFLECTION

I've always seen life through the lens of history, including my own existence. I have always been able to remember dates with uncanny accuracy. Over the past week, I took the time to reflect on the decade that just ended. It's worth doing: You don't move into a new decade every day. And memories fade fast.

What a perplexing decade. The first decade of the 21st Century was my first full decade as an adult. On January 1, 2000, I was a wild, mop-haired 22-year-old sapling who knew virtually nothing about life. At the time, of course, I thought I knew everything. On December 31, 2009, I was 32 and had been in a committed relationship for more than nine years. My father had died, I had graduated from law school and no matter how much I learned, I found out how little I really understood about life.

Every year brought a new crisis--and a new crisis in values. I learned to take absolutely nothing for granted. In my first full decade as an adult on this planet, I saw that life is precarious. And I learned you need to savor it. I determined never to let myself forget that.

But today I want to talk about more than myself. I was not the only person (or thing) who changed over the past ten years. No, the world, too, changed immensely between 2000 and 2009. Put simply, these were bleak times. We endured stolen elections, mass murder on American soil, foreign wars, government fear-mongering, out-of-control corporate excess, lending abuses and ultimately the worst economic crisis since 1929. These were the Bush years. These were the years when the world learned to hate the United States more than it ever has in the past.

I am an amateur historian. So today I will try to sum up the decade as briefly as I can. In the process, I will try to encapsulate the spirit of these profoundly difficult times. To that end, I will write a few words about geopolitical developments that occurred during each year in the decade. Then, for perspective's sake, I will write a few words about things that happened in my own life during the same time.

In 2000, America relished dot-com prosperity. Most Americans had good jobs. There was a budget surplus. Still, many Americans did not like the man whose rule made these things possible: President Bill Clinton. They blamed him for fornicating in the Oval Office. That fall, Americans went to the polls. They had a choice: They could pick Al Gore if they wanted to continue the Democratic policies that led to prosperity in the late 1990s; or they could pick George W. Bush, the Texan challenger who offered a chance to chastise Bill Clinton for his sexual escapades. In the end, Al Gore got more votes, but George W. Bush won the election. The Supreme Court decided who would be President by a 5-4 vote. That maddening result set the tone for the decade: Ruthless division in American society marked by mutual accusations of unfair play and unbridled contempt on both sides. The era of George W. Bush had begun.

I finished college in 2000. I had no idea what to do with myself. I knew nothing about commerce; somehow I thought I would use my German language skills to land translation jobs and pay the rent in New York City. I rented a roach-infested one-bedroom apartment with a collapsing ceiling on 146th Street for $600 a month (hey, at least it was near the 'A' train). I rode around the city on a bike during the summer. Somehow--thanks to the heady economic climate at the time--I managed to make money translating German. It was an exciting time for me. I met the love of my life in June; I have been with him ever since. At one point, I even had the most money I have ever had in my bank account: $10,000. I turned 23.

No one will ever forget 2001. In fact, the government doesn't let us forget it, because that's the year 9/11 happened. Islamic resentment against the United States had been brewing for several decades by the time airliners knocked down the World Trade Center. American involvement in the Gulf War--as well as an intrusive American military presence in the Middle East--had long ruffled Muslim feathers. But Bush and all the pundits had us believe that 9/11 was an unprovoked, totally unanticipated attack. Americans suddenly felt vulnerable; no foreign army had ever attacked American soil in modern times. For a brief moment, the pure shock of the crisis united Americans in an unprecedented way; creditors even gave people breaks on debt. That unity swiftly disappeared, however, as Bush polarized the Nation by committing it to a "wartime" stance against "terror." By December, American troops had invaded and occupied Afghanistan. War had come to America. And we're still living with it.

My fortunes changed in 2001, too. My translation jobs dried up as the economy began to crumble in the months before 9/11. I began to worry about money for the first time in my life, and I made the unnerving discovery that my college education had not prepared me at all for commercial existence. I grudgingly began looking for a "real job." My dissatisfaction grew when I found out that my training in German, Russian and comparative literature did not impress corporate recruiters; they were more interesting in my typing speed. Finally, I settled on pursuing a career in law. It seemed the only thing that accommodated my abilities and offered a salary sufficient to pay New York rent. So I started working as a legal assistant, about four blocks from the World Trade Center. On September 8, my partner and I took a trip to Chicago. From there, we saw the Twin Towers fall. We decided that maybe it was time to leave New York for a while. After all, the law firm where I worked was buried in dust. So we moved to Chicago. I went to work at a law firm there making $31,500. The law firm even gave me a Tiffany ball-point pen on my first day. I turned 24.

President Bush maximized his power in 2002. Using Americans' desperate fear after 9/11 to his advantage, he systematically implemented practices that chipped away at everyone's constitutional liberties. Enforcing the "Patriot Act," government agents began wiretapping phones and spying on Americans' reading habits. The military confined so-called "enemy combatants" at secret installations throughout the world, denying them Due Process and access to counsel. Meanwhile, Americans worried that terrorists were planning yet more attacks. The Federal government fanned their fears with a "five-layer color-coded terror warning system." It has never fallen below yellow, nor has it ever risen above orange. And Americans witnessed the Enron scandal in 2002. They got a glimpse into the culture of greed and excess that marked corporate society during the decade. Sadly, they also learned that these were the folks Bush wanted to protect more than anyone else.

My 2002 was relatively unexciting. I got up every morning and rode the Chicago "El" to the law firm, where I shuffled papers and stapled things for about 10 hours a day. Still, I was very much a careerist in 2002. I wanted to prove that I, too, could make a lot of money. To do that, I was determined to get into a top law school and be a better lawyer than the ones for whom I collated copies at the office. I studied for the LSAT. I filled out applications. I chased down reference letters and made phone calls. I researched schools and their statistics. I thought I would waltz right into the Ivy League thanks to my undergraduate grades. But I am not a standardized test ace, and my lackluster LSAT score led all the top schools to reject me. This was a bitter pill for me. It was the first bad news I ever had in an academic pursuit. Yet I blamed the system for the result. I still loved learning; I did not let a bunch of lowly test-writers discourage me. I turned 25.

America invaded Iraq in 2003. Capitalizing on lingering fears about terrorism--and by convincing the American people that Iraq possessed "weapons of mass destruction"--President Bush claimed that Iraq posed a "direct threat" to American sovereignty. So in Bush's mind, it was no invasion at all; it was "self-defense." The military even titled it "Operation Iraqi Freedom," as if America actually cared whether Iraqis had a democratic constitution. The war swiftly toppled Saddam Hussein, leading President Bush to declare in May: "We have prevailed." But this was sheer delusion. A civil war broke out in Iraq. Resentment against American occupation made existing tensions even worse. American casualties rose, as did American commitments. The mission was not "accomplished." In fact, it continues to this day--with 6,000 Americans and hundreds of thousands of Iraqis dead so far.

I got into law school in 2003. I landed a partial scholarship at New York Law School, so I moved back to New York from Chicago. I was overjoyed to be back in school; it was so much better than slaving away at an office for $31,500 a year. For three years, I had not really challenged myself intellectually. But once I started law school, I rediscovered why I always liked being a student. I poured myself into study for twelve hours every day. I did very well in my classes, even if I stressed out about them too much. I felt a real sense of accomplishment. I enjoyed what I studied, even if I could not know at the time that it would not help me in law practice. In 2003, I still thought that the law would make me rich. I had every confidence that my grades would translate into career success. My old law firm in Chicago even said it would hire me the following summer. I also swam a lot in 2003; I went to the gym to counterbalance my studies, and I loved that, too. I liked the way my body looked. I had some difficulties with my parents, but that was about my only challenge in 2003. I turned 26.

America began to understand the Iraq war in 2004. To most people, it became obvious that Iraq had not been "liberated." In fact, more major battles took place in 2004 than in the previous year. Additionally, many people saw that American forces were not as heroic as some sources made them out to be. Americans saw shocking images from the torture chambers at Abu Ghraib prison. In those images, Americans did not appear as noble warriors, but rather torturers and villains. Furthermore, Americans began to appreciate how many civil liberties they had surrendered to advance the "war on terror." They began to see that America was losing serious credibility abroad. Detainee abuse cases became big news in 2004. John Kerry tried to bring these issues to the forefront by challenging Bush for the Presidency. But Bush harped on terror and gay marriage to handedly win the election. Although many Americans began to see how much dignity America was compromising in its open-ended quest to "defeat terror," they could not muster the courage to stop the government's spiral into lawlessness.

I finished my first year in law school in 2004. Relatively speaking, it had been a harrowing experience. I remember feeling overworked and stressed that spring. But my toils had been worth it: I was number 6 in my class of 400. Armed with my grades, I transferred to Loyola Law School in Chicago after my old law firm assured me that they would offer me a job that summer. Unfortunately, after my partner and I had rented an apartment and moved back to Chicago, the law firm told me "they could no longer afford to hire me." This was a serious disappointment. But I made the most of it and attended to my legal studies with the same zeal as ever. In the fall, I contracted a strange infection that damaged my inner ear. I lost my hearing in one ear for several months, and my equilibrium has never been perfect since. I had some troubles with my partner as he struggled with depression and anxiety. I turned 27.

In 2005, America saw who was really important in society. That year, Hurricane Katrina devastated New Orleans and the gulf coast. President Bush famously did nothing, allowing the poor black people to drown and starve waiting for aid. He did not even tour the disaster site, choosing instead to fly overhead, remarking: "That looks pretty bad." Congress passed a law in 2005 limiting consumer access to bankruptcy, further supporting the big business and banking interests that formed the Republican base. As in 2002, we learned who was really important in George Bush's America: The big corporations and banks. At the same time, lenders and traders began profiting from Republican policies that deregulated the financial industry. A false prosperity began to develop, propelled by predatory loans and fraudulent credit practices.

My law school career neared its end in 2005. During the summer, I took my first real "legal job" working as a law clerk at a Chicago personal injury firm. I enjoyed the work, winning many accolades from my bosses for my writing, theory and research. I dove headlong into the theoretical aspects of the law, and that served me well as I molded strategies for every case that crossed my desk. At the same time, I took a passionate interest in constitutional law, which made sense because it represents the intersection between law, history, policy, politics, ethics and philosophy. I had never been so excited about the law. By 2005, I had developed a real fluency in legal doctrine; and I put that fluency to work for me. I had no reason to think that I would not be happy in the profession. I briefly separated from my partner during the spring, but we reunited stronger than ever a month later. My partner reconciled with my parents in 2005. Things were looking very promising for me. I turned 28.

President Bush's fortunes began to change in 2006. Public dissatisfaction grew as the war in Iraq ground endlessly on. Although Bush declared that his 2004 election victory gave him a "mandate" to broadly legislate on major issues, he suffered a critical setback in 2006 when Republicans lost their congressional majority. Without congressional support, Bush's sweeping conservative rhetoric became toothless. Although the Nation continued to bask in deregulated prosperity in 2006, more and more Americans saw that economic trouble lurked just around the corner. Unemployment inched upward in 2006. Mortgage defaults accelerated as consumers discovered that banks held "adjustable rate" powers that tacked interest onto principal, resulting in permanent, increasing debt. Although Wall Street remained strong, ominous signs about the Nation's financial future began to appear.

My life changed for the worse in 2006. In January, my father was diagnosed with pancreatic cancer. He fought hard, but by June he was dead. This cast a pall over my existence. I lost interest in the career path that had entranced me for the previous five years. If, after all, everything could end as quickly as it did for my father, why should I really stress out about petty things like money and jobs? Yet through all this I managed to finish law school and pass the Bar Exam. In hindsight, I don't know how I managed it. My perspective on life fundamentally changed in 2006. I carried that new perspective with me as I began practicing law in Chicago. I absolutely hated it. Practice was nothing like the happy legal theorizing I did in 2005. No, practice was all about money. My bosses ridiculed me for indecision. They mocked me for caring too much about justice when money was at stake. At the firm Holiday party that year, I saw "successful" lawyers falling all over each other drunk. They yelled, cursed, boasted and acted like children. At that moment, I decided that I could not practice law. I saw that law was a business, and it chafed against my very spirit. I did not know what I would do. I had spent three years pouring my heart into legal doctrine, yet I could not practice it. I didn't care. My father's death forced me to deeply question all the things that people are "supposed to do" in life. I turned 29.

America blundered ever closer to financial collapse in 2007. As the decade entered its later years, Bush lost more and more influence. Still, the war in Iraq droned forward, claiming more and more lives. Unemployment grew in 2007, even though Wall Street continued to report gains. Deregulation seemed to be working; people could still buy homes without putting money down. A deeper and deeper rift grew between rich and poor in 2007. The bubble was growing. And men like Bernie Madoff took full advantage of it.

Life did not get any easier for me in 2007. Having questioned my career in the law, I toyed with the idea of becoming a judge, or at least a judicial law clerk. If I could not practice, perhaps I could find a place for my intellectual passion in government. It was not to be; no one was hiring thanks to a "budget freeze." So I made ends meet by working as a legal consultant. This suited me. I did not have a boss; I was not under pressure to woo clients or make money. I just put in my time without stress and went home with a paycheck. True, it was not very stimulating. But it gave me a chance to meet interesting people and live my life in some peace. In August, however, disaster struck. My partner suffered a freak burn accident that left him in the hospital near death. He stayed there 35 days. His heart stopped twice on the operating table. I was at his side the whole time. He came home in September; our life has never been the same. I had to learn to be a nurse as well as a wage-earner. I dressed his wounds every day, I managed his medications and I held his hand when he was scared. It has been a full-time job, and it has not ended. Once again, I came face to face with death. I almost lost him, just one year after my father died. That experience convinced me yet again that I made the right decision to abandon "careers" and simply focus on living life without unrealistic expectations. Life is precious; and it can end more quickly that you can possibly imagine. There's no time to worry about inconsequential things. I turned 30.

In 2008, America experienced what happens when you deregulate financial markets. In 2008, America suffered the consequences of Bush-era economic policies. Wall Street collapsed in September, necessitating massive governmental intervention to rescue financial institutions that were "too big to fail." By divorcing government from business, Bush spurred artificial growth during his term. But in so doing, he gave free rein to greed, which ultimately destroyed the economy. Unemployment rose to dizzying heights. People could no longer pay their mortgages. Record numbers pled for government aid. For the first time in decades, Americans wanted increased government intervention into economic and social affairs. Seizing the moment, a new political force arose: Barack Obama. At this critical juncture in American history, Obama fascinated the public. He offered a new path to address modern challenges, a path that focused on oversight and socialization rather than deregulation. Critics claimed he would destroy the free market. But in 2008, Americans had had enough of the free market. They elected him in a landslide.

I spent 2008 caring for my partner as he recovered from his accident. I continued working low-stress consulting jobs. After years of study and toil, I finally had a chance to reflect on what I had become. I still loved the law; I simply did not like the business of law. I continued to study law and think about it every day. But I no longer exulted it. Rather, I began to assimilate my legal knowledge with all the other things I had learned to that point. I delved once more into philosophy and language in 2008. I re-read books I had not opened in ten years; and now I could actually understand them. I also rekindled my Wanderlust. I traveled to Berlin for the first time in years and went back three more times. I started speaking German again. And I started writing. I felt I had amassed enough learning and experience to finally express myself with some confidence. I began this blog in September; since then it has reinvigorated my life. I live to write now. I analyze everything with a new respect. Despite all the setbacks, I found something I loved--and it inspired me in a way I had never felt before. I turned 31.

America began traveling a new path in 2009. President Obama assumed a daunting task: Salvaging the United States from financial ruin. Despite vicious opposition from Republicans, he spent huge amounts in an attempt to "stimulate" floundering enterprises and spur job growth. He also committed America to reforming its health care system. Like perhaps no other social issue, health care is a moral symbol for progressive government. Under Bush, health care was just another article in commerce. That led to widespread injustice because many Americans could not obtain medical care for financial reasons. Obama recognized that and put America on a path to increased social activism in government. As laudable as that may be, the battle over health care has turned into a battle for America's soul. Can we become a more progressive people? Or are we so determined to "pay our own way" in life that we refuse to change for the better? In 2009, America struggled to adjust its focus. Plus Michael Jackson died and Tiger Woods cheated on his wife.

I continued to care for my partner in 2009. Although his physical condition improved, his mental condition did not. He began to suffer from debilitating depression during the winter, so much so that he could not get out of bed for weeks on end. This required me to stay at home full-time. Thanks to generous friends, I did this all year. But my partner did not get any better. During the summer, his depression swung into mania, turning both our lives upside down. Ultimately, he had to stay in the hospital for almost a month. After he came home, I once again assumed the nurse's role, but in a much more pervasive way. He has never been more dependent on me, now even for basic life necessities. I am happy to help him. Despite all the challenges, I wrote my blog almost every morning in 2009. In February, we moved back to New York in order to be closer to friends who can help us. I am happy to be back in the city I love. I turned 32.

I do not know what the future holds. But I am oddly confident. My writing has saved my life in so many ways. I have a feeling that 2010 will be a great year for me, and that I will apply all the lessons I learned over the past decade in the new one.

Wisdom truly emerges over time. By that standard, I am far richer today than I was in 2000.

Tuesday, December 15, 2009

RETHINKING CAPITAL PUNISHMENT : LET'S JUST BLOW THEM UP

CONSIDERED OPINION

By : Mr. Henry B. Henker, Esq., Legal Counsel to the Office of the Prosecutor, Austin, Texas (2006- present); Former Commercial Litigator, Henker, Haudegen & Daggett, LLP, a Fortune 250 Law Firm Specializing in Complex Financing Transactions (1994-2006); Contributing Author, Humanity Weekly (1987-present); Charter Donation Manager, UNICEF (1986-1997); Annual Keynote Speaker, The Dignity Association of Eastern Texas (1990-2003); Christian; Humanitarian; Married; Republican.

Capital punishment evokes strong emotions in America. Many Americans believe that States should not execute convicted criminals. Others believe that dangerous felons deserve to die for certain outrageous offenses. Still others believe that capital punishment should be applied on a wider basis against all kinds of criminals, from credit card scammers to double parkers. But no matter where we stand on the issue, capital punishment requires us to grapple with momentous issues involving State power, individual rights, liberty, dignity and history.

No one can really debate that the State has power over life and death. Western law functions on the premise that the sovereign decides who lives and who dies. When the American colonies broke from England in 1776, that sovereign power descended to the States. The States, in turn, yielded some of that power to the new Federal government. Still, the State's power to allow life and proclaim death remained intact. States executed people in 1776 and they execute people today. No one can really contend that the sovereign right to kill lawbreakers is "new." In fact, it is as about traditional a power as you can find in our system. Even our Constitution says that both the States and the Federal government have the power to "deprive life" as long as they afford Due Process of law. See, e.g, U.S. Const. Amendments V; XIV § 1.

Nonetheless, it is silly to think we have not changed as a people since 1776. We have electricity and cars now. We have the internet and movie theaters. We have even changed the way we think about core issues in our democracy. For instance, we allow women to vote now. We freed the slaves in 1863 and we enacted Civil Rights laws in 1964. These things would have been unheard-of in our forefathers' time. Simply put, our society is constantly evolving. In that light, it is only natural that we have begun to think differently about capital punishment, too.

At the outset, we must remember that Americans like to punish criminals. When a criminal commits a shocking offense against public sensibilities, we like to see him suffer. How else would we affirm our commitment to law if we did not harshly punish those who break it? How else would we express our common morality and decency if we did not harshly punish those who act immorally and indecently? Additionally, criminal punishment is revenge, and revenge is natural. When some vagrant kills our spouse, it is only natural to want to kill him, too. In this sense, capital punishment both upholds the law and quenches our natural thirst for revenge. Thankfully, killing criminals also prevents them from killing again. And it sends a message to would-be killers that they, too, will die if they try anything cute.

Still, we respect human dignity in America, too. In the past, we used to hang criminals by the neck until dead. In 1676, our English forebears even disemboweled a traitor alive then carved him up in Rhode Island. Until the 19th Century, we even publicly displayed executed criminals until the crows picked them clean. For better or worse, we decided as a society that such execution methods expressed insufficient respect for the criminal's dignity. Although these methods legitimately fulfilled the State's right to punish criminals, we decided that we were too humane to subject our fellow citizens to such horrible pain before death.

As Americans, we believe in dignity and humanity. Although we have no tolerance for criminals, we are progressive people. When we execute people today, we ensure that we use only the most humane methods possible. Lethal injection represents our society's balance between respect for law and respect for a criminal's dignity. In theory, lethal injection simply extinguishes life without inflicting additional pain or terror on the criminal. Once the chemicals flow into the criminal's body, he simply loses consciousness and justice is done.

For decades now, our society has largely accepted lethal injection. Many Americans are comfortable in the knowledge that lethal injection both adequately punishes lawbreakers while maintaining their dignity and ensuring our own humanity. After all, we do not butcher people anymore; we simply "put them to sleep," just like unwanted animals. This is humane. True, it does not make for a very satisfying spectacle. But it adequately strikes a balance between law enforcement and individual dignity.

Or so it seems. Recent research suggests that lethal injection may not be as dignified or humane as we once believed. After all, current protocols for lethal injection involve three discrete drugs: One sedates the criminal, the second paralyzes him and the third terminates heart and pulmonary function. Death does not occur until the third dose. We cannot know whether the prisoner suffers while tranquilized or paralyzed; after all, the paralytic agent renders it impossible for him to speak or move. It is entirely conceivable that he is writhing in horrible agony before paramedics administer the final dose. Furthermore, there are many documented cases in which death does not occur for more than two hours after the initial dose. There are even more cases in which paramedics cannot locate suitable veins for intravenous linkage. Sometimes the intravenous connections are faulty, causing corrosive chemicals to flow under the prisoner's skin, prolonging the procedure. That, in turn, prolongs the agony and anxiety. Put simply, lethal injection may not be as humane and dignified as we like to believe.

But there is a solution to these problems. As a society, we can reaffirm our commitment to law and dignity by simply blowing up convicted criminals with explosives.

Explosives would solve many of the nagging problems associated with lethal injection. By strapping four pounds of C4 plastic explosive to a convicted criminal, we can assure a quick and relatively painless death. Once detonated, the explosives will literally tear the offender apart in a heartbeat. Unlike lethal injection, it will not take hours for the offender to die. In one instant, the prisoner gets blown to pieces: There he is; there he goes. Done. That resolves the deeply problematic issues surrounding unnecessary pain and suffering in the lethal injection procedure. I mean, it can't really hurt to get vaporized, can it? You don't really have to time to reflect on it. It's just: BAM! Game Over. In my view, that reflects admirable concern for the prisoner's dignity and humanity: It is humane to blow people up.

Explosive executions offer many advantages over lethal injection and other methods. There is no way to botch an explosive execution. No one can survive four pounds of C4. And if the detonator fails, nothing happens. A technician can easily replace the detonator and get on with the show. This eliminates the troublesome medical issues relating to lethal injection. After all, doctors would be best suited to ensure that a person dies from lethal injection. Yet doctors' Hippocratic oath prevents them from participating in executions. This increases the likelihood of a botched execution. With explosive executions, however, you don't need doctors. You just need a guy to press a button. That is not very technical, and it certainly does not require 10 years of medical school to get it right. Even a high-school dropout can push a button. Hell, even a dog can.

Despite these advantages, there are some drawbacks to explosive executions. For one, they are messy. No one likes clean-up. Blowing up a person scatters shredded clothing, intestines, bone fragments, burned hair, eyeballs, fingers and charred kneecaps all over the place. Additionally, it scalds the room and deposits blood-crusted soot over a considerable radius. It takes time to clean up such a mess; plus it smells unpleasant. Not only that, but it also can be difficult to assemble the prisoner's remains for burial. It is much easier to bury a prisoner executed by lethal injection. You just unstrap him from the gurney and throw him in a pine box. But not so for a criminal executed by explosives. You need to spend twelve hours scouring through wreckage for burned pieces. That's neither fun nor dignified.

Explosive executions also require different witness accommodations than those appropriate for lethal injections. It would be both impracticable and dangerous to allow witnesses to watch an explosive execution from the room next door. To effectively and safely blow up a criminal, witnesses would have to watch remotely, perhaps by closed-circuit television. Additionally, the execution chamber would have to be significantly larger than chambers used to conduct lethal injections. Detonating explosives requires space; and many prisons do not have much extra space on hand. In that light, States would have to either build large new exploding chambers or conduct explosive executions outdoors. The first alternative would be quite expensive. The second would be somehow inappropriate. And both would deny witnesses the chance to get close to the execution scene. For better or worse, witnesses traditionally enjoy looking their tormentors in the eye before they die. That will not be possible in explosive executions.

We acknowledge these drawbacks to explosive executions. On balance, however, we conclude that explosives reflect a much better way to execute criminals than lethal injection. Although it will cost money to construct new exploding chambers, we believe it will prove a valuable investment given their ultimate benefits. And although witnesses have an interest in watching criminals suffer up close, we must remember that capital punishment is about the prisoner and the State: Witnesses are secondary. In a word, explosive executions fulfill both the prisoner's interest in a quick, painless death and the State's interest in punishing crime. Blowing criminals up is simply the most efficacious manner currently available. The fact that explosive executions are dignified and humane only increases their appeal for State governments nationwide.

We also acknowledge that victims and their families have an interest in securing justice for their pain. We understand that victims and their families want to see their tormentors suffer in the same way they suffered. We understand that victims and their families might worry that blowing up a criminal might be "going too easy" on them. After all, if a murderer slowly flayed a child to death with a scalpel, it might seem unfair to reward him with an instantaneous, explosive end.

We know how much victims matter. But we suggest that blowing up a criminal is quite satisfying, even if it is quick. True, victims and their families will have to watch the criminal explode by television. But it is amazing what modern-day camera techniques can show. Victims and their families not only get to hear the big BANG of the initial blast, but will also be able to watch slow motion instant replays of the criminal exploding from various angles. They will also receive complimentary Blu-Ray discs featuring all footage associated with the execution, including commentary, production notes and a musical score.

Considering these advantages, we believe that explosive executions will please victims and their families, despite their limited duration. On the whole, then, explosive executions will please everyone: The State, the victims and the prisoner.

It is an easy choice. We must start blowing up criminals immediately.