MICHAEL O. ALLEN

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Washington Post

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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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?

Pride and honor

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What’s the Pig Deal?

So says the headline on a Washington Post headline. Funny headline by another group of people who see John McCain as this hero gone wrong.

With a phony flap and a misleading attack ad, the McCain campaign sinks into silliness.

Thursday, September 11, 2008; A16

IT’S HARD to think of a presidential campaign with a wider chasm between the seriousness of the issues confronting the country and the triviality, so far anyway, of the political discourse. On a day when the Congressional Budget Office warned of looming deficits and a grim economic outlook, when the stock market faltered even in the wake of the government’s rescue of Fannie Mae and Freddie Mac, when President Bush discussed the road ahead in Iraq and Afghanistan, on what did the campaign of Sen. John McCain spend its energy? A conference call to denounce Sen. Barack Obama for using the phrase “lipstick on a pig” and a new television ad accusing the Democrat of wanting to teach kindergartners about sex before they learn to read.

Continue . . .

A wanderer arrives

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When I was a young newspaper reporter (a nerdy one, at that) at The Record in Hackensack, N.J., one of the journalists I looked up to was Michael Powell. Mr. Powell was then at New York Newsday but he had passed through The Record in what was becoming an itinerant career, with stops at Newsday, the Washington Post and now The New York Times.

When some of us would get discouraged about something in journalism, we would reach for some of Mr. Powell’s old stories, particularly his profile of Frank E. Rogers, the long-serving mayor of Harrison, N.J. His stories in The Record and Newsday gave us hope. He was the writer we aspired to be when we grew up as reporters.

I recount this to say that Michael Powell is a phenomenal reporter and a great writer.

I don’t know whether Mr. Powell aspired to a career at The Times (as most of us did) but we heard that he turned down The Times to go to the Washington Post when New York Newsday imploded. Some writers have been known to spurn the stultifying culture of The Times, some of them preferring the Post (Washington) and the Los Angeles Times.

In any case, Mr. Powell is at The Times now and The Times that he comes to, though still a colossus, is somewhat tarnished, prone to getting in its own way. And the Mr. Powell that I now read in that newspaper seems different. His work here, especially covering the candidacy of Sen. Barack Obama for the Democratic Party nomination and for the presidency of the United States, has bothered me at times.

Which is a long way to come around to what I want to say, which is that I enjoyed immensely Mr. Powell’s “American Wanderer . . . “ piece in Sunday’s “This Week In Review” section. The piece is well researched and well written. In fact, it may be over-written, especially the opening section:

That an air of the enigmatic attends Barack Obama is a commonplace; he is a man of fractured geography and family and wanderings.

He came of age in far corners, Indonesia and Hawaii, went to schools on both coasts and landed in Chicago, where he had no blood tie. With talent and ambition, he has leapt for the presidency at a tender age and will go to Denver to claim his Democratic nomination for the office.

There is to Mr. Obama’s story a Steinbeck quality, like so many migratory American tales: the mother who flickers in and out; the absent and iconic father; the grandfather, raised in the roughneck Kansas oil town of El Dorado, who moves the family restlessly, ceaselessly westward.

The American DNA encodes wanderlust ambition, and a romance clings to Mr. Obama’s story. The roamer who would make himself and his land anew is a familiar archetype.

And yet to describe such a man as rootless, as some people do, can stir up more questions, and an ambivalence reflected in the answers. What is rootlessness anyway? The word connotes something both celebrated and feared. Early on in Mr. Obama’s time in Chicago, the Democratic machine types would ask of this preternaturally calm young pol: Who sent him?

That question, probing and suspicious, has tendrils extending deep into our history. Again and again in American culture, the rootless outsider becomes an insider, and begins to guard his prize.

First he has to find that prize. For four centuries hope and despair pushed immigrants to these shores. Royalist Cavaliers found in the Virginias a new hierarchy. Puritans spread insistently across not always fruitful lands of New England. The Highlands English and Scots no sooner landed in Philadelphia in the 18th century than they lit out for the hills of Pennsylvania and down the mountain ridges of the Appalachians. In their sackcloth and baggy trousers, they were unceremonious and warlike wanderers.

“When I get ready to move, I just shut the door, call the dogs and get started,” is a Highlands saying transposed to a new world. The historian Frederick Jackson Turner argued in 1893 in his influential “Frontier Thesis” that the key to American vitality could be found in this relentless, drifting movement.

My only quibble with this section is that what Mr. Powell claims as a uniquely American trait is actually a universal one. It transcends every culture. It is the linchpin of every fairy tale, adventure, or fantasy, from “Beowulf” to “Harry Potter” and everything in between.

Every society fears-lionizes the stranger who by dint of talent, vision, unique strength, or magical power overcomes to lead.

After this immensely enjoyable, yet strained, opening, the piece settles down and reaches some surprising conclusions:

Of the two nominees, Sen. John McCain has been the more peripatetic figure, with Obama the more rooted one. Obama is the one who sought out community and has stayed in one place for two decades. He is the one who is not divorced and has raised a family with his wife while Mr. McCain abandoned one family to marry a much younger and wealthier woman.

I hope Mr. Powell stays and that his career flourishes at The Times. I want him to take everything that is good about the place without being infected by its many maladies.

Thumbs on the scale

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FROM MEDIA MATTERS FOR AMERICA
During a speech to the Israeli parliament yesterday morning, President Bush attacked Barack Obama, comparing him to Nazi appeasers for the Illinois senator’s willingness to hold discussions with Iran.
One problem: Bush’s speech came just hours after The Washington Post reported that Bush’s defense secretary, Robert Gates, said that the United States needs to “sit down and talk with” Iran. Not only that, Gates added, “We can’t go to a discussion and be completely the demander.”
Oops.

McCain Was For Talking To Hamas: Before He Was Against It…

Naturally, then, a media firestorm erupted, with the Bush administration and its political allies questioned all day about whether Bush has any idea what he is talking about, whether he has lost control over the Pentagon, whether Gates will be fired, what Gates thinks about Bush’s comparison of those (like Gates) who advocate dialogue between the United States and Iran to appeasers of Adolf Hitler, and whether the fiasco will remind voters that the Bush administration’s foreign policy has been marked by incompetence and dishonesty, thus doing irreparable electoral damage to John McCain and other Republican candidates.
Sorry — what was I thinking? That didn’t happen.
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Noonan: 'Damsel of Distress'

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I am sorry to say this but I hate Peggy Noonan. She helped propagate evil policies under the elder Bush. She continues to play a corrosive role in American public life with her column on the Opinion-Editorial page of the Wall Street Journal. But, in today’s paper, she rightly excoriates Hillary Rodham Clinton for her absurd argument that Sen. Barack Obama could not get white votes in the general election against Sen. John McCain.

The Democratic Party can’t celebrate the triumph of Barack Obama because the Democratic Party is busy having a breakdown. You could call it a breakdown over the issues of race and gender, but its real source is simply Hillary Clinton. Whose entire campaign at this point is about exploiting race and gender.

* * *

In case you didn’t get what was behind that exchange, Mrs. Clinton spent this week making it clear. In a jaw-dropping interview in USA Today on Thursday, she said, “I have a much broader base to build a winning coalition on.” As evidence she cited an Associated Press report that, she said, “found how Sen. Obama’s support among working, hard-working Americans, white Americans, is weakening again, and how whites in both states who had not completed college were supporting me.”

White Americans? Hard-working white Americans? “Even Richard Nixon didn’t say white,” an Obama supporter said, “even with the Southern strategy.”

If John McCain said, “I got the white vote, baby!” his candidacy would be over. And rising in highest indignation against him would be the old Democratic Party.

Or, as Eugene Robinson of the Washington Post said in a post title The Card Clinton Is Playing:

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Scalia and Free Speech

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I was wondering if you might indulge me and consider what Scalia is saying in this post:

Both Scalia and his teenage interlocutor seemed aware of some “Road to Damascus” conversion that Scalia had gone through on Free Speech.

“I have the capacity to admit I made a mistake,” Scalia started out in answering the young man’s question before choosing a different tack.

First, what is the mistake on Free Speech that Scalia is referring to?

Second, Scalia’s conversion on Free Speech seems to contain a trap that I cannot quite put my fingers on.

Is it just his “Originalist” (static) take on the Constitution? Or, are there other flaws in his thinking (as he articulated them here) on this issue?

The conceit, of course, is that Scalia is an “originalist.” Bush v. Gore would, at least, seem to indicate otherwise.

If you have RealPlayer, here’s a link to Scalia’s talk.

Update:

As I’d suspected, Scalia’s “originalist” sentiments here is a complete red-herring. People for the American Way cite chapter and verse ways that Scalia and his Toto, Clarence Thomas, would defile the Constitution and subvert Free Speech, if given the slightest chance.

In his March 14, 2005 Center for Individual Freedom (CFIF) speech, clarified that he is not a “strict constructionist” but, rather, an “originalist,” joking that people bring that up as he had some fatal disease (Justice Scalia, when did you first realize you’re an originalist, or, as he mordantly put it: “When did you first start eating human flesh?”)

There is, of course, the embarassing episode of Scalia keeping the media out of an event where he was being honored with a Free Speech award.

Update II:

The Washington Post had a rather superficial take on Scalia’s sitdown with the students but had a fuller story on Scalia, who’s not shy, being very visible at the moment.