AW: Iraq Constitution
SLevinson at law.utexas.edu
Mon Aug 29 23:29:34 PDT 2005
- Sanford Levinson
(Sent from a Blackberry)
From: conlawprof-bounces at lists.ucla.edu <conlawprof-bounces at lists.ucla.edu>
To: Scarberry, Mark <Mark.Scarberry at pepperdine.edu>
CC: 'conlawprof at lists.ucla.edu ' <conlawprof at lists.ucla.edu>
Sent: Tue Aug 30 01:13:48 2005
Subject: Re: AW: Iraq Constitution
I'd understood that Lincoln took a peacemaker approach designed to win
Southern minds-and-hearts. I recall reading his Second Inaugural, which
my son found fascinating, while visiting the Memorial two summers
ago..."with malice toward none, and charity toward all"... Abe or Ilya,
you get a choice.
Scarberry, Mark wrote:
>I thought one reason there was relatively little guerilla activity in the
>South after Appomattox was that Lee told his soldiers to lay down their arms
>(instead of telling them to melt into the hills and continue the war).
>Executing him might have caused much more resistance. But others will know
>more about this than I.
>From: Ilya Somin
>To: Mark Graber
>Cc: bpwilson at princeton.edu; SLevinson at law.utexas.edu;
>conlawprof at lists.ucla.edu
>Sent: 8/29/2005 7:04 PM
>Subject: Re: AW: Iraq Constitution
>I certainly agree that racist values enjoyed broad support in the South
>1868, and to an extent in the North too. Indeed, that explains - in part
>the reasons why there was little support for executing Lee or Davis.
>However, executing top Confederate leaders guilty of treason surely is
>the same thing as executing all white southerners who supported the
>Confederacy (much less all Northern Copperheads). And strong measures
>against Confederate leaders (many of whom were also the leaders of
>resistance to Reconstruction) might well have undercut that resistance,
>even though many white southerners would still have sympathized with it.
>I also agree that Reconstruction failed in large part because of
>unwillingness to push it very far. But obviously, a counterfactual
>Northern majority willing to execute top confederates would probably
>be more willing to push hard on Reconstruction more generally.
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