The Left and patriotism
RJLipkin at aol.com
RJLipkin at aol.com
Fri Jan 27 15:41:33 PST 2006
In a message dated 1/27/2006 5:39:37 PM Eastern Standard Time,
VOLOKH at law.ucla.edu writes:
But if one just thinks that the Bush Administration has done a lousy job --
or violated FISA or claimed constitutional powers that it wasn't entitled to
or violated the Free Speech Clause by closing immigration proceedings to the
media -- and calls for secession because he finds it impossible to wait for
two more years to see if maybe the Democrats can win 51% instead of 48%, then
it seems to me that one shouldn't (and shouldn't even want to) call oneself a
patriotic American.
It strikes that this argument founders on this question: To what must a
patriotic American must be committed to qualify as patriotic. Unless the object
of the commitment is identified and its parameters delineated, we will
continue to talk past one another.
Further, Eugene's example of someone wanting to succeed out of
impatience for a change that might occur in two years is a straw man [sic
person]. A person wanting to secede now in light of the present the
administration's reconstruction of executive power--if that's what happening or if it is
believed to be happening--probably bases his or her conviction on empirical
claims about the possibility of change in two years, not just an inability to
wait. These empirical claims may or may not be true, but to suggest the advocacy
of secession is motivated merely by impatience is to present a caricatures
of the claim, not a serious version of the claim itself.
Again, before we make sense of "American patriotism" and how it
should be used in contemporary debate, the object of the patriotic commitment
must be specified. Is it the present government? The Revolution? The
Constitution? National Defense? American culture? The continuing entity known as the
United States whatever that is? Nostalgic feelings of the idea of America as
inculcated in us in childhood? What? The intuitive notion of "American
patriotism" needs serious explication before its use in calling someone a patriot
(or not) is analytically and politically useful.
Bobby
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20060127/d72d5a4c/attachment.htm
More information about the Conlawprof
mailing list