71 posts categorized "Stone, Geoffrey"

July 15, 2008

Audio/Video: Geof Stone, "The World of the Framers: A Christian Nation?"

It has become commonplace in American political discourse for Christian evangelicals to assert that the United States was founded as a "Christian nation" and that in recent decades secularists have gained control and distorted our nation's founding traditions and values. In this lecture, Edward H. Levi Distinguished Service Professor Geoffrey Stone examines the beliefs of the Framers on this question. What did they think about Christianity, about the role of Christianity in the American nation, and about the relationship between religion generally and self-governance? The answers to these questions are important not only to constitutional interpretation, but even more fundamentally to an understanding of who we are – and who we are supposed to be – as a nation.

This talk was recorded April 21, 2008 as part of the Chicago's Best Ideas lecture series.

Video of the talk is embedded below, or you may download a .mov file or .mp3 file.

June 30, 2008

Real Homeland Security

What is it that we Americans stand for? What is it about our nation that makes us most proud? What is it that makes other nations of the world respect and admire and emulate us? It is our unparalleled commitment to personal freedom and to the dignity of the individual. It is captured in our guarantee of freedom of speech, freedom of religion, due process of law, equal protection of the law, and freedom from unreasonable searches and seizures and cruel and unusual punishments. We are the beacon to the world because we aspire to be good and fair and just to one another. That is who we are and who we want to be.

We do not always live up to our aspirations. At times, we have embarrassed ourselves and tarnished our image. We have brutally persecuted dissenters, interned innocent persons, suspended habeas corpus, intrusively investigated innocent individuals and recklessly invaded reasonable expectations of privacy, we have even tortured our fellow human beings. We are a well-meaning but imperfect nation. We strive to be good, but we are only as good as our people, our leaders, and our institutions enable us to be.

Presidents have a wide range of official advisors, each with a designated portfolio. There is a Secretary of Defense, a Secretary of Labor, a Secretary of Energy, a National Security Advisor, and a Domestic Policy Advisor, to name just a few. The next president should create a brand new position, which should become a permanent part of the Executive Branch in the future: a Civil Liberties Advisor.

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March 10, 2008

Loyalty Oaths and Un-Americanism

Last week, the State of California avoided a possible constitutional confrontation over its requirement that all public employees sign an oath affirming that they will “support and defend” the United States and California Constitutions “against all enemies, foreign and domestic.”

A mathematics teacher named Marianne Kearney-Brown, who is a Quaker and a pacifist, declined to sign the loyalty oath because it might later be construed as committing her to take up arms to defend the nation, which would violate her religious beliefs. The State finessed the situation by agreeing that the oath would not be interpreted in that manner.

But the real question is why California requires public employees to sign an anachronistic and relatively meaningless loyalty oath at all. Certainly, a truly disloyal employee poses risks to the government. She might (if she were doing something other than teaching remedial math) disclose secret information to an enemy; destroy important government files; make decisions intended to harm the public interest; and recruit other employees to engage in subversive activities. But just how does a loyalty oath guard against such dangers? After all, anyone who is truly disloyal will simply take the oath falsely. No dangerous subversive will be deterred by the requirement of an oath.

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December 10, 2007

Romney's Founders

Mitt Romney’s recent reflections on the role of religion in American politics implicitly called to mind a disturbingly distorted version of history that has become part of the conventional wisdom of American politics in recent years.

 

That version of history suggests that the Founders intended to create a “Christian Nation,” and that we have unfortunately drifted away from that vision of the United States. In fact, nothing could be further from the truth.

 

Those who promote this fiction confuse the Puritans, who intended to create a theocratic state, with the Founders, who lived 150 years later. The Founders were not Puritans, but men of the Enlightenment. They lived not in an Age of Faith, but in an Age of Reason. They viewed issues of religion through a prism of rational thought.

 

To be sure, there were traditional Christians among the Founders, including such men as John Jay, Patrick Henry and Samuel Adams. Most of the Founders, however, were not traditional Christians, but deists who were quite skeptical of traditional Christianity. They believed that a benevolent Supreme Being had created the universe and the laws of nature and had given man the power of reason with which to discover the meaning of those laws. They viewed religious passion as irrational and dangerously divisive, and they challenged, both publicly and privately, the dogmas of traditional Christianity.

 

Benjamin Franklin, for example, dismissed most of Christian doctrine as “unintelligible.” He believed in a deity who “delights” in man’s “pursuit of happiness.” He regarded Jesus as a wise moral philosopher, but not necessarily as a divine or divinely inspired figure. He viewed all religions as more or less interchangeable in their most fundamental tenets, which he believed required men to treat each other with kindness and respect.

 

Thomas Jefferson was a thoroughgoing skeptic who valued reason above faith. He subjected every religious tradition, including his own, to careful scrutiny. He had no patience for talk of miracles, revelation, and resurrection. Like Franklin, Jefferson admired Jesus as a moral philosopher, but insisted that Jesus’ teachings had been distorted beyond all recognition by a succession of “corruptors,” such as Paul, Augustine, and Calvin. He regarded such doctrines as predestination, trinitarianism, and original sin as “nonsense,” “abracadabra” and “a deliria of crazy imaginations.” He referred to Christianity as “our peculiar superstition” and maintained that “ridicule” was the only rational response to the “unintelligible propositions” of traditional Christianity.

 

John Adams, who identified most closely with the early Unitarians, also believed that the original teachings of Jesus had been sound, but that Christianity had subsequently gone awry. He wrote to Jefferson that the essence of his religious beliefs was captured in the phrase, “Be just and good.” As President, Adams signed a treaty, unanimously approved by the Senate in 1797, stating unambiguously that “the Government of the United States . . . is not in any sense founded on the Christian religion.”

 

George Washington was respectful of traditional Christianity, but he did not have much use for it. His personal papers offer no evidence that he believed in biblical revelation, eternal life, or Jesus’ divinity. Clergymen who knew Washington well bemoaned his skeptical approach to Christianity. Bishop William White, for example, admitted that no “degree of recollection will bring to my mind any fact which would prove General Washington to have been a believer in Christian revelation.”

 

Tom Paine, the author of Common Sense, The Rights of Man, and The Age of Reason, insisted that “the religion of Deism is superior to the Christian religion,” because it “is free from those invented and torturing articles that shock our reason.” Paine explained that deism’s creed “is pure and sublimely simple. It believes in God, and there it rests. It honours Reason as the choicest gift of God to man” and “it avoids all presumptuous beliefs and rejects, as the fabulous inventions of men, all books pretending to revelation.” Paine dismissed Christianity as “a fable, which, for absurdity and extravagance, is not exceeded by anything that is to be found in the mythology of the ancients.” In Paine’s view, traditional Christianity had “served to corrupt and brutalize mankind.”

 

These words no doubt sound shockingly blunt and “politically incorrect” to modern ears, but they were in fact the views of many of our most revered Founders. The fable that the United States was founded as a Christian Nation is just that – a fable.

 

It is worth noting that the Declaration of Independence does not invoke Jesus, or Christ, or Our Father, or the Almighty, but the “Laws of Nature,” “Nature’s God,” the “Supreme Judge,” and “Divine Providence,” all phrases that belong to the tradition of deism. The Declaration of Independence is not a Puritan or Calvinist or Methodist or Baptist or Protestant or Catholic or Christian document, but a document of the Enlightenment. It is a statement that deeply and intentionally invokes the language of American deism. It is a document of its own time, and it speaks eloquently about what Americans of that time believed.

 

The Constitution goes even further. It does not invoke the deity at all. Unlike the Puritan documents of the early seventeenth century, it makes no reference whatever to God. It cites as its ultimate source of authority not “the command of God,” but “We the People,” the stated purpose of the Constitution is not to create a government “according to the will of God” but to “secure the Blessings of Liberty.” Significantly, the only reference to religion in the 1789 Constitution expressly prohibits the use of any religious test for public office.

 

The Founders were not anti-religion. They understood that religion could help nurture the public morality necessary to a self-governing society. But they also understood that religion was fundamentally a private and personal matter that had no place in the political life of a nation dedicated to the separation of church and state. They would have been appalled at the idea of the federal government sponsoring “faith-based” initiatives. They would have been quite happy to tolerate Mitt Romney’s Mormonism – as long as he keeps it out of our government.

November 05, 2007

Uncle Sam on the Lam

In an op-ed in the New York Times on November 5, (“Uncle Sam on the Line”), former Attorney General John Ashcroft offers a seemingly reasonable case for Congress to grant immunity to the major telecommunications carriers accused of cooperating in allegedly unlawful government surveillance programs. In short, Ashcroft argues that the carriers should not be held liable for their actions insofar as they acted on the basis of “explicit assurances from the highest levels of the government that the activities in question were authorized by the president and determined to be lawful.”

This sounds sensible. After all, the telecommunications companies were only doing what the government told them to do. What more could we or should we expect from them? It would be unfair and unwise – perhaps even un-American – to hold them accountable for cooperating with the government in a matter of national security – even if the programs were in fact unlawful.

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October 30, 2007

Constitutional Vision

We are now several weeks into the Supreme Court’s 2007 Term. We should keep a watchful eye on the Court. With Chief Justice Roberts and Justice Alito now firmly ensconsed, we might be on the verge of a significant paradigm-shift within the Court. If their performance last Term is any indication of what is to come, we may be in for quite a ride.

A Balanced Court?

In the media, we constantly read about how “closely divided” the Court is and about how many cases are decided by a vote of five-to-four. There are, according to the media, the “conservative” Justices – Scalia, Thomas, Roberts, and Alito; the “liberal” Justices – Stevens, Souter, Ginsburg, and Breyer; and Justice Kennedy -- the “man in the middle.” The impression created by such accounts is that this is an “evenly balanced” Court. This is a fallacy, and a dangerous one at that. What do we mean by “balance”? Why don’t the many five-to-four decisions prove that this is a “well-balanced” Court?

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October 19, 2007

Geof Stone on The Roberts Court

On Oct. 1st, 175 Law School Alumni and guests gathered for the annual First Monday lecture at Chicago's University Club (similar lectures were also held in Washington and New York). This year's talk, by Geoffrey Stone, was "The Roberts Court: STARE WHAT?" A video of the event appears after the jump (you'll need to have the  Quicktime plugin installed on your browser).

Don't want to watch online, but want to download this talk to your portable media player? Just right-click on one of these links and save the file to your computer:
Video (.mov) | Audio (.mp3)

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October 12, 2007

Law and Politics Book Review Looks at Geof Stone's "War and Liberty"

Stoneg_7 In the Law and Politics Book Review, published by the Law and Courts Section of the American Political Science Association, Torin Monahan of Arizona State University's School of Justice and Social Inquiry reviews Geof Stone's recent bookWAR AND LIBERTY: AN AMERICAN DILEMMA: 1790 TO THE PRESENT.Monahan writes that the book "offers one effective means of encouraging discussion of [challenges to the preservation of civil liberties and an active civil society], especially in classroom environments, and fostering productive critique of current practices in light of similar (and dissimilar) ones in the past."

October 06, 2007

A Review of Jack Goldsmith's "The Terror Presidency"

Jack Goldsmith's "The Terror Presidency" is one of the most interesting and most insightful books yet to come out of the Bush White House.

In October 2003, President Bush appointed Goldsmith, a self-described conservative who proudly proclaims that he is not a civil libertarian, head of the Justice Department's Office of Legal Counsel, thus making him chief adviser to the president about the legality of presidential actions. Ten months later, Goldsmith resigned because he could not endorse the unlawful policies the administration had implemented in the war on terror.

Shortly after taking office, Goldsmith reviewed a series of highly confidential opinions written by his predecessors in the Bush administration that defended the legality of "some of the most sensitive counterterrorism operations in the government." To Goldsmith's shock and dismay, he found that some of these opinions "were deeply flawed: sloppily reasoned, overbroad, and incautious in asserting extraordinary constitutional authorities on behalf of the President." What was going on?

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September 27, 2007

Columbia, MoveOn.org, and General "Betray Us"

In a recent post, I argued that Columbia University did nothing "wrong" in inviting Mahmoud Ahmadinejad to speak. To the contrary, its invitation to this allegedly "cruel and petty dictator" was well within Columbia's fundamental mission as a university, which is not to "endorse" particular ideas as "right" or "wrong," but to promote a robust and lively and sometimes controversial exchange of views in order to promote the ultimate goal of education.

In this post, I want to draw a subtle but perhaps illuminating connection between the response of Columbia to its own decision to invite Mr. Ahmadinejad to campus and the Senate's response to the recent MoveOn.org ad in the New York Times attacking General Petraeus.

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