MICHAEL O. ALLEN

"A Tiny Ripple of Hope"

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I came across this speech (Facebook, then Daily Kos) and thought I should share:

Mr. Chancellor, Mr. Vice Chancellor, Professor Robertson, Mr. Diamond, Mr. Daniel, and Ladies and Gentlemen

I come here this evening because of my deep interest and affection for a land settled by the Dutch in the mid-seventeenth century, then taken over by the British, and at last independent; a land in which the native inhabitants were at first subdued, but relations with whom remain a problem to this day; a land which defined itself on a hostile frontier; a land which has tamed rich natural resources through the energetic application of modern technology; a land which once the importer of slaves, and now must struggle to wipe out the last traces of that former bondage. I refer, of course, to the United States of America.

But I am glad to come here — and my wife and I and all of our party are glad to come here to South Africa, and we’re glad to come to Cape Town. I am already greatly enjoying my stay and my visit here. I am making an effort to meet and exchange views with people of all walks of life, and all segments of South African opinion, including those who represent the views of the government.

Today I am glad to meet with the National Union of South African Students. For a decade, NUSAS has stood and worked for the principles of the Universal Declaration of Human Rights — principles which embody the collective hopes of men of good will all around the globe. Your work at home and in international student affairs has brought great credit to yourselves and to your country. I know the National Student Association in the United States feels a particularly close relationship with this organization.

And I wish to thank especially Mr. Ian Robertson, who first extended the invitation on behalf of NUSAS. I wish to thank him for his kindness to me in inviting me. I am very sorry that he can not be with us here this evening. I was happy to have had the opportunity to meet and speak with him earlier this evening. And I presented him with a copy of Profiles in Courage which was a book that was written by President John Kennedy and was signed to him by President Kennedy’s widow, Mrs. John Kennedy.

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Souter's Harvard Talk

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Souter signing guest book inside Massachusetts Hall prior to delivering Harvard's 359th Commencement.

Text of Justice David Souter’s Harvard Commencement remarks (as delivered)

When I was younger, I used to hear Harvard stories from a member of the class of 1885. Back then, old graduates of the College who could get to Cambridge on Commencement Day didn’t wait for reunion years to come back to the Yard.  They’d just turn up, see old friends, look over the new crop, and have a cup of Commencement punch under the elms.  The old man remembered one of those summer days when he was heading for the Square after lunch and crossed paths with a newly graduated senior, who had enjoyed quite a few cups of that punch.  As the two men approached each other the younger one thrust out his new diploma and shouted, “Educated, by God.”

Even with an honorary Harvard doctorate in my hands, I know enough not to shout that across the Yard, but the University’s generosity does make me bold enough to say that over the course of 19 years on the Supreme Court, I learned some lessons about the Constitution of the United States, and about what judges do when they apply it in deciding cases with constitutional issues.  I’m going to draw on that experience in the course of the next few minutes, for it is as a judge that I have been given the honor to speak before you.

The occasion for our coming together like this aligns with the approach of two separate events on the judicial side of the national public life:  the end of the Supreme Court’s term, with its quickened pace of decisions, and a confirmation proceeding for the latest nominee to fill a seat on the court.  We will as a consequence be hearing and discussing a particular sort of criticism that is frequently aimed at the more controversial Supreme Court decisions:  criticism that the court is making up the law, that the court is announcing constitutional rules that cannot be found in the Constitution, and that the court is engaging in activism to extend civil liberties.  A good many of us, I’m sure a good many of us here, intuitively react that this sort of commentary tends to miss the mark.  But we don’t often pause to consider in any detail the conceptions of the Constitution and of constitutional judging that underlie the critical rhetoric, or to compare them with the notions that lie behind our own intuitive responses.  I’m going to try to make some of those comparisons this afternoon.

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A Recurring Nightmare

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The BP Deepwater Horizon catastrophe is a perfect Republican Party trap: Watch as a Democratic administration and Congress drown in the oil disaster while they clean up at the polls. Then Republicans return to office and begin the cycle by laying the bombs that’ll detonate under the next Democratic administration.

Does anyone remember Dick Cheney’s behind-the-door meetings with energy executives in W.’s maladministration? Or the two wars they bequeathed Americans?

For those who have forgotten, Brian Conners has written a recap at Associated Content that I think is worth reading. His earlier piece pointed fingers also.

Sure, President Barack Obama has been feckless in dealing with a disaster-not-of-his-making.

How difficult can it be to say that British Petroleum, besides paying for every penny that it costs to clean up the Gulf and other regions affected by this disaster, should have all of its officers brought to account for this disaster.

Yet, the president has  not been able to summon the passion to condemn this crime. Fine, set up a commission, if you must. But, first, BP executives should be wearing prison jumpsuits.

Cheney has some explaining to do. Before Congress.

A final question: Why is it that Halliburton (Dick Cheney’s employer) is always around looking guilty whenever something is hurting our nation?

MLB’s Hall of Shame

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Alright, MLB umpire Jim Joyce stands today appropriately outfitted with goat horns for blowing what should have been the final call of a perfect game by Detroit Tigers Armando Galarraga on Wednesday.

Galarraga missed his chance at baseball immortality by pitching the 21st perfect game in baseball history (two earlier this season). That is unless baseball commish, that disgraceful Bud Selig, does the right thing and instituted a “Galarraga rule” replay of all disputed plays.

Imagine if Joyce could have had a chance to review the play after Detroit Manager Jim Leyland came in to argue the call? Despite the obviousness of Joyce’s error and calls to reconsider, Selig is upholding the call.

Joyce, though a goat, is not an unsympathetic figure here. He readily admitted his error.

“It was the biggest call of my career and I kicked the shit out of it,” he said afterward. “I had a great angle, and I missed the call.”  See the rest of the worst umps and referees here.

Aspiration

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Wyclef Jean–“If I Was President

[youtube]http://www.youtube.com/watch?v=9pq_3OheqzU[/youtube]

Election time is coming

If I was president,
I’d get elected on Friday, assasinated on Saturday,
and buried on Sunday.

If I was president…
If I was president

An old man told me, instead of spending billions on the war,
we can use some of that money, in the ghetto.
I know some so poor,when it rains that when they shower,
screaming “fight the power”.
That’s when the vulture devoured

[chorus] If I was president,
I’d get elected on Friday, assasinated on Saturday,
and buried on Sunday.

If I was president…
If I was president…
If I was president…
If I was president

But the radio won’t play this.
They call it rebel music.
How can you refuse it, children of moses?

[chorus] If I was president,
I’d get elected on Friday, assasinated on Saturday,
and buried on Sunday.

If I was president…
If i was president

Tell the children the truth, the truth.
Christopher Columbus didn’t discover America.
Tell them the truth.
The truth
YEAH! Tell them about Marcus Garvey.
The the children the truth YEAH! The truth.
Tell them about Martin Luther King.
Tell them the truth.
The Truth.
Tell them about JFK

If I was President
[chorus] If I was president,
I’d get elected on Friday, assasinated on Saturday,
and buried on Sunday.

If I was president…
If I was president

iPad Nation!

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Perchance to dream

Alright, there’s no reason for this post other than that I am at the Apple Store in Tice’s Corner in Woodcliff Lake, New Jersey and I am writing this post on the iPad. It’s a pretty sweet and magical device! I am just saying, ya know!

Anyway, I am home now and my attempt at doing a post on the magic device, which Apple said it sold 300,000 of on the first day on Saturday, was not so successful because I could not, ultimately, navigate my way through the machine. It’s not the fault of the machine. I already figured out what I was doing wrong.

I went to the store because my son, 12, and his friend, 13, wanted to see the iPad. I gladly took them because I wanted to see it too. This blog looks fantastic on the iPad. Everything looks fantastic on the iPad.

I cannot afford the device, having not worked since July, but, oh sweet, a person could dream, right? Hopefully, by the time I’m able to afford it, it’ll probably be the second or third generation of the iPad, which is not such a bad thing.

A Violent Death

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The Guardian of London is reporting the violent death of one Eugene Terre’Blanche in Rustenberg, South Africa:

A notorious white supremacist who once threatened to wage war rather than allow black rule in South Africa was hacked to death at his farm yesterday following an argument with two employees. Eugene Terre’Blanche’s mutilated body was found on his bed along with a broad-blade knife and a wooden club, police said.

“He was hacked to death while he was taking a nap,” one family friend, who did not wish to be named, told Reuters.

Local media quoted a member of Terre’Blanche’s Afrikaner Weerstandsbeweging party (Afrikaner Resistance Movement, or AWB) as saying that the 69-year-old had been beaten with pipes and machetes. Police said two males, thought to be workers on the farm, have been arrested and will appear in court on Tuesday.

Terre’Blanche, with striking blue eyes and white beard, was the voice of hardline opposition to the end of racial apartheid in the early 1990s, and the AWB was infamous for its swastika-like symbols and neo-Nazi anthems. But he had been in relative obscurity since his release in 2004 after a prison sentence for beating a black man nearly to death.

Last year he attempted a comeback, announcing plans to rally far-right groups and to apply to the United Nations for a breakaway Afrikaner republic.

I made Mr. Terre’Blanche’s acquaintance in Rustenberg almost 16 years ago. That I barely survived that encounter was because a member of his group thought that if I had to die it should not be that day and not at their rally. So he saved me by pulling me out of the scrum of angry whites attacking me and expelling from their compound.

SA The Freedom Vote_Outrage

I don’t rejoice in his death, especially since it comes at a rather sad time for South Africa. Much of the hope and joy of that spring miracle 16 years ago have dissipated and South Africa is today suffering.

Going ‘Round . . .

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Martin Schilde, my friend in the Northwest, sent the following passage in an e-mail. I guess it’s making the round but I don’t know what to make of it, other than it is charming:

A woman in a hot air balloon realized she was lost. She lowered her
altitude and spotted a man in a boat below on a lake. She shouted to
him, “Excuse me, can you help me? I promised a friend I would meet him
an hour ago, but I don’t know where I am.”

The man consulted his portable GPS and replied, “You’re in a hot air
balloon, approximately 30 feet above ground elevation of 1,346 feet
above sea level. You are at 31 degrees, 14.97 minutes north latitude and
100 degrees, 49.09 minutes west longitude.

She rolled her eyes and said, “You must be an Obama Democrat.”

“I am,” replied the man. “How did you know?”

“Well,” answered the balloonist, “everything you told me is technically
correct. But I have no idea what to do with your information, and I’m
still lost. Frankly, you’ve not been much help to me.”

The man smiled and responded, “You must be a Republican.”

“I am,” replied the balloonist. “How did you know?”

“Well,” said the man, “you don’t know where you are or where you’re
going. You’ve risen to where you are due to a large quantity of hot air.
You made a promise you have no idea how to keep, and you expect me to
solve your problem. You’re in exactly the same position you were in
before we met, but somehow, now it’s my fault.”

. . . and, War Starts?

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Remember, at the Nobel Peace Prize ceremony in December no less, President Barack Obama spelled out the conditions under which and reserved for himself the right to wage “Just Wars.”[youtube]http://www.youtube.com/watch?v=k3uU_mCNcKM[/youtube]

Has Iran, by its nuclear recalcitrance, tripped a condition?

This story out of Scotland said some very big munitions are on their way to a place not too far from where they could be delivered to Iran at a moment’s notice:

Hundreds of powerful US “bunker-buster” bombs are being shipped from California to the British island of Diego Garcia in the Indian Ocean in preparation for a possible attack on Iran.

The Sunday Herald can reveal that the US government signed a contract in January to transport 10 ammunition containers to the island. According to a cargo manifest from the US navy, this included 387 “Blu” bombs used for blasting hardened or underground structures.

Experts say that they are being put in place for an assault on Iran’s controversial nuclear facilities. There has long been speculation that the US military is preparing for such an attack, should diplomacy fail to persuade Iran not to make nuclear weapons.

The story continued here.

In Oslo, Norway, on December 10, President Obama said this:

War, in one form or another, appeared with the first man. At the dawn of history, its morality was not questioned; it was simply a fact, like drought or disease — the manner in which tribes and then civilizations sought power and settled their differences.

And over time, as codes of law sought to control violence within groups, so did philosophers and clerics and statesmen seek to regulate the destructive power of war. The concept of a “just war” emerged, suggesting that war is justified only when certain conditions were met: if it is waged as a last resort or in self-defense; if the force used is proportional; and if, whenever possible, civilians are spared from violence.

With Iran’s continuing nuclear folly, are we about to see the terrible things Obama talked about just a few months ago when he declared himself a man of peace who would wage war if he had to?

Howell Raines is Neither a ‘Liar’ Nor is He Crazy

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In this Sunday’s Washington Post Op-Ed, he asks questions that have long needed to be asked.

Take this one, his first:

Why haven’t America’s old-school news organizations blown the whistle on Roger Ailes, chief of Fox News, for using the network to conduct a propaganda campaign against the Obama administration — a campaign without precedent in our modern political history?

It is not enough to ignore Fox News anymore because, clearly some people are watching and they are forming their opinions of what is happening in the world based on what that outlet tells them. The question that Raines asks is this: In the face of silence from all known authorities, when every credible voice is silent, who will tell the people the truth?

Of course, much of Raines’ cherished media is either in dire straits and/or too compromised to do much of anything about any issue of importance facing the nation. A case in point being Raines’ old shop, the New York Times.

Why has our profession, through its general silence — or only spasmodic protest — helped Fox legitimize a style of journalism that is dishonest in its intellectual process, untrustworthy in its conclusions and biased in its gestalt? The standard answer is economics, as represented by the collapse of print newspapers and of audience share at CBS, NBC and ABC. Some prominent print journalists are now cheering Rupert Murdoch, the head of News Corp. (which owns the Fox network) for his alleged commitment to print, as evidenced by his willingness to lose money on the New York Post and gamble the overall profitability of his company on the survival of the Wall Street Journal. This is like congratulating museums for preserving antique masterpieces while ignoring their predatory methods of collecting.

Why can’t American journalists steeped in the traditional values of their profession be loud and candid about the fact that Murdoch does not belong to our team? His importation of the loose rules of British tabloid journalism, including blatant political alliances, started our slide to quasi-news. His British papers famously promoted Margaret Thatcher’s political career, with the expectation that she would open the nation’s airwaves to Murdoch’s cable channels. Ed Koch once told me he could not have been elected mayor of New York without the boosterism of the New York Post.

The rest of the piece, which continues here, is just as sharp and on point, despite Bill O’Reilly’s protestations.

Check This Out!

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Write It Long, But Well By Michael O. Allen

It’s about newspapers and news writing: By all means, get rid of slipshod, encrusted and encumbered conventional political writing (even as I needlessly encumber my sentence). Does doing this necessarily lead to shorter news stories? Shorn of the “conventions that don’t add to your understanding of the news,” you could, conceivably, write newspaper articles twice or three times as long as the offending New York Times and Washington Post pieces that Mr. Kinsley cited. Would they then be the right length? Or, must news stories be short at all cost? How short?

Mandela Sworn in as Freedom Reigns

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By MICHAEL O. ALLEN, Daily News Staff Writer | Wednesday, May 11, 1994

PRETORIA—Climaxing his journey from political prisoner to nation builder, Nelson Mandela assumed the office of president of South Africa yesterday vowing that “never again” would racial exploitation be tolerated.
In a joyous ceremony that marked the end of the country’s pariah status and celebrated the nation’s transformation into a beacon of racial reconciliation, Mandela proclaimed: “Let freedom reign.”
The American delegation included U.S. Vice President Al Gore, First Lady Hillary Clinton and Jesse Jackson. Gore said South Africa has sent a powerful message to the world that differences can be set aside for the sake of a nation.
Watched by international visitors including Vice President Gore, First Lady Hillary Rodham Clinton, Palestinian leader Yasser Arafat, and Cuban President Fidel Castro, Mandela spoke in deep, measured tones as he swore allegiance to the new republic and its constitution.
As he said, “So help me God,” shouts of “Viva” rang out from the huge, multi-racial crowd gathered at the foot of the Union Buildings amphitheater.
In his inaugural address, Mandela, 75, urged South Africans to forget past bitterness and unite to end poverty, suffering and discrimination.
“Never, never and never again shall it be that this beautiful land will again experience the oppression of one by another and suffer the indignity of being the skunk of the world. Let freedom reign,” Mandela said, standing on the outdoor podium enclosed in 7 tons of bullet-proof glass.
He made special mention of the role played by President of F.W. de Klerk, with whom he shared the Nobel Peace Prize last year, and recalled the colleagues and comrades who died in the struggle for freedom.
A glorious sun burned away the autumn morning mist as the estimated 50,000 people in the audience watched on mammoth television screens as dignitaries arrived from all over the world.
The audience, made up of largely ANC supporters, was never at loss for entertainment. American and African jazz, as well as South African folk music was also piped in over mammoth speakers.
Cannons boomed when Mandela finished his speech, and the South African security forces—which will have to make the tenuous peace in the nation last—put on a spectacular five-minute show of aerobatics.
Then the party really began as 3,000 performers representing all the nation’s racial groups, sang and danced well into the night yesterday in a show themed: “South Africa—Many Cultures, One Nation.”
The problems facing Mandela and his new government are staggering: 40% unemployment, 50% illiteracy, widespread crime and political violence that has killed 11,000 people since 1990, ethnic polarization and the impatience of tens of millions of blacks demanding a better life now that apartheid is over.