Monday, October 12, 2020

Who Will Speak For The Voiceless?

I listened to Amy Coney Barrett's opening statement, and I came away with the sense I was listening to a 15-year old giving a report about the Supreme Court. This is the part where the theater director in me takes over, and I start thinking about casting issues. In a bunch of ways, she reminded me of Doogie Howser or Young Sheldon: both kids working above their age grade. Only this Doogie Howser wants to take away public health insurance without a replacement plan in sight. For a woman who insists she is pro-life, she writes decisions that are strictly pro-death. Her flat, expressionless voice shoots ice into the veins of those around her. There is something so scary about her that I don't even want to write about it. And I'm not talking about the Handmaid color of her dress or the mask. 

When I was a kid, there was a kid in my class from grade school through high school named Robert Lehman. He was above and beyond smarter than anyone else in school. He was our class valedictorian, he went on to Yale. He was a really nice guy. And when he spoke of important matters, he had a cadence to his voice that years later, I can still hear. It was a measured sound, a thoughtful sound, and, even when his dander was up, a gentle sound. Bobby talking about serious stuff meant you stopped and listened because otherwise you would be missing something important. You didn't have to agree with him, but you probably wanted to listen to his argument. You would learn something. 

There is something to be said for kiddie gravitas, but even more to be said for being the grown-up in the room with gravitas. One has to recognize one's own place, but even more crucial is to recognize one's limitations. The quote Bobby chose for his senior page is, perhaps, more important today than when he selected the poem by Alexander Pope (1688-1744):

A little learning is a dangerous thing ;
Drink deep, or taste not the Pierian spring :
There shallow draughts intoxicate the brain,
And drinking largely sobers us again.
Fired at first sight with what the Muse imparts,
In fearless youth we tempt the heights of Arts ;
While from the bounded level of our mind
Short views we take, nor see the lengths behind,
But, more advanced, behold with strange surprise
New distant scenes of endless science rise !
So pleased at first the towering Alps we try,
Mount o’er the vales, and seem to tread the sky ;
The eternal snows appear already past,
And the first clouds and mountains seem the last ;
But those attained, we tremble to survey
The growing labours of the lengthened way ;
The increasing prospect tires our wandering eyes,
Hills peep o’er hills, and Alps on Alps arise !

That sound that I remember so well is the sound I wanna hear coming out of the mouths of people who wanna sit on the Big Bench. Whatever her qualifications, and I know this is gonna sound ageist, I want a mature, older human sitting in that chamber, one with extensive life experience, one who has seen and heard just about everything, and who understands that no two people, cases, decisions, or kids are alike; each requires deliberation and consideration. "I heard this kid...." is not life experience. It is not maturity born of presence. I don't care how brilliant, erudite, or level-headed she's supposed to be, she lacks the ability, based on her statements to the press and others, to really be an Everywoman to We, the People. 

I find that in terms of SCOTUS, I am possibly more conservative than most people might think. I believe that the Constitution is a valid framework, but I don't believe it should be permitted to be a stagnant document. We, the People, of 2020 are not the same We, the People of 1820 or even 1920. This country changes all the time, and the law must address those changes. Just as Clarence "The Clown" Thomas's marriage would be invalid in most states before 1967, civil rights must also address gender identity norms that have become fluid. Notorious RBG was a champion for civil rights for all citizens in this nation. The person that succeeds (not replaces) her must be a champion for those who have been denied voices for so long. The originalism that Coney Barrett flouts is unrealistic and sets the stage for discriminatory behavior. I do not believe she will serve ALL the people. And I have a problem with that. 

In keeping with the waning hours of October 12th,  I want to take a moment to recognize the State of Minnesota for its ongoing work to honor the IP roots of this place. Bde Maka Ska is what everyone calls that lake now. The confluence of the two rivers is now correctly Bdote Minisota. 

It's more than a lake; this is Ziggy's high school as well as both the Senior and Junior Sons: Henry Sibley High School. First, they went after the school logo...long overdue. The "Indian" Warrior was replaced with a stylized generic warrior. But that matter of Henry himself remained. Ziggy woulda signed off on that change in a heartbeat. My late MIL, a historian and high school teacher, felt the school should never have been named for him in the first place. When it came to the local population of the area he was to govern, he was positively evil and ruthless. 

You can read about him here: Henry Sibley, 'pretty bad guy,' may lose his namesake high school 

The Indigenous Peoples of North America are still battling for their own civil rights. Ever hear anyone talk about reparations for them?  Ever hear of the Indian Civil Rights Act  of 1968?

With the law of the Indian Civil Rights Act (ICRA) at the time, also called the Indian Bill of Rights, the indigenous people were guaranteed many civil rights they had been fighting for.[10] The ICRA supports the following:[11]

  • Right to free speechpress, and assembly
  • Protection from unreasonable invasion of homes
  • Right of criminal defendant to a speedy trial, to be advised of the charges, and to confront any adverse witnesses
  • Right to hire an attorney in a criminal case
  • Protection against self incrimination
  • Protection against cruel and unusual punishment, excessive bail, incarceration of more than one year and/or a fine in excess of $5,000 for any one offense
  • Protection from double jeopardy or ex post facto laws
  • Right to a jury trial for offenses punishable by imprisonment
  • Equal law protection due process

Land sovereignty, hunting, fishing, and voting rights, along with access to education and health care remain unresolved, ongoing issues, especially for those who continue to live on the reservations in Minnesota and elsewhere. And don't go saying casinos fixed all that...they did not. IP gambling has helped even the playing fields in some places, but not all. The quest for BASIC civil rights remains a struggle. 


The Wifely Person's Tip o'the Week

In this state, we do not observe Columbus day, 

we observe Indigenous Peoples Day,

a small, but significant, step.





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