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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.
 

Tuesday, October 21, 2003

Dahlia Lithwick on what she is pleased to call court-assisted suicide.

Let me restate her argument. "The criminal justice system is one humongous pitfall, a vast tract full of deadly traps for the unwary, across which the uninitiated are hopelessly incompetent to navigate their way to safety. It is required, though, that the public have confidence in the criminal justice system. Here is my foolproof recipe for inspiring that public confidence: We will shine klieg lights on the perforated corpses of those who got caught in those traps; we will underline in every way possible that the criminal justice system is one humongous pitfall; we will pound it into that public whose confidence we so desperately seek, that they are hopelessly incompetent to navigate their way to safety. Ooh, I can feel that confidence washing all over me."

I find myself strongly tempted to refer to her, in the future, as "Conversation" Lithwick.

-- posted by Clayton 10/21/2003 08:14:00 PM


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