A conversation on The Roundtable convinced me to address polygamy. A judge in Utah decided that state could ban formal legal polygamy but could not ban people living in comparable arrangements without formal legal sanctions. Some people argue that legalization of polygamy follows from constitutional protection of gay and lesbian relationships. If one consensual relationship is OK, therefore so are all the others. That is a mistake. The law does not work that way. Read the rest of this entry »
My wife and I went to see The Butler Saturday evening. There were important differences between the lives of the actual Butler, Eugene Allen, who served eight presidents, and Cecil Gaines, the butler in the film. But those differences actually got to larger truths it is worth thinking about.
In the film Cecil learns from the rape of his mother and the murder of his father what he has to do to survive in the white world. He creates a safe place for his family and is distraught when his son puts body and soul at risk in the Civil Rights Movement. That didn’t happen to Eugene Allen but it did happen to hordes of African-Americans in the South and many elsewhere. The demonstrators, trained to be peaceful and nonviolent, to take it without giving it back, were met with bombings, beatings, murders and jail. And their families were in anguish. Read the rest of this entry »
While coming to record last week’s commentary, I was listening to Michelle Alexander on Alternative Radio. If you haven’t heard her or read her book, The New Jim Crow, I strongly recommend it. Some of us knew the basic facts but she fills in the details and makes the argument brilliantly.
I want to elaborate something implicit in her talk but not fully expressed – what she described is why civil liberties matter, one of the major reasons the ACLU was formed, and why Alexander was an attorney for the ACLU of Northern California. Read the rest of this entry »
Tasked with helping draft a constitution for India after World War II, B. N. Rau traveled abroad speaking to jurists. In Washington, Supreme Court Justice Frankfurter advised Rau not to include a due process clause in the Indian Constitution. Instead India should have a clause simply requiring that no one be charged with a crime but by the law of the land. That was the meaning of the Magna Carta in 1215 which said:
No freemen shall be taken or imprisoned … or in any way destroyed … except by the lawful judgment of his peers or by the law of the land.
That meant Parliamentary supremacy. Whatever crimes and procedures the legislature defined were kosher. But there was no check on the legislature. Read the rest of this entry »