Office of the Press Secretary
For Immediate Release
December 10, 2009
Remarks by the President at the Acceptance of the Nobel Peace Prize
Oslo City Hall
Oslo, Norway
Oslo, Norway
1:44 P.M. CET
THE PRESIDENT: Your Majesties, Your Royal Highnesses, distinguished members of the Norwegian Nobel Committee, citizens of America, and citizens of the world:
I receive this honor with deep gratitude and great humility. It is an award that speaks to our highest aspirations -- that for all the cruelty and hardship of our world, we are not mere prisoners of fate. Our actions matter, and can bend history in the direction of justice.
And yet I would be remiss if I did not acknowledge the considerable controversy that your generous decision has generated. (Laughter.) In part, this is because I am at the beginning, and not the end, of my labors on the world stage. Compared to some of the giants of history who've received this prize -- Schweitzer and King; Marshall and Mandela -- my accomplishments are slight. And then there are the men and women around the world who have been jailed and beaten in the pursuit of justice; those who toil in humanitarian organizations to relieve suffering; the unrecognized millions whose quiet acts of courage and compassion inspire even the most hardened cynics. I cannot argue with those who find these men and women -- some known, some obscure to all but those they help -- to be far more deserving of this honor than I.
But perhaps the most profound issue surrounding my receipt of this prize is the fact that I am the Commander-in-Chief of the military of a nation in the midst of two wars. One of these wars is winding down. The other is a conflict that America did not seek; one in which we are joined by 42 other countries -- including Norway -- in an effort to defend ourselves and all nations from further attacks.
Still, we are at war, and I'm responsible for the deployment of thousands of young Americans to battle in a distant land. Some will kill, and some will be killed. And so I come here with an acute sense of the costs of armed conflict -- filled with difficult questions about the relationship between war and peace, and our effort to replace one with the other.
Now these questions are not new. War, in one form or another, appeared with the first man. At the dawn of history, its morality was not questioned; it was simply a fact, like drought or disease -- the manner in which tribes and then civilizations sought power and settled their differences.
And over time, as codes of law sought to control violence within groups, so did philosophers and clerics and statesmen seek to regulate the destructive power of war. The concept of a "just war" emerged, suggesting that war is justified only when certain conditions were met: if it is waged as a last resort or in self-defense; if the force used is proportional; and if, whenever possible, civilians are spared from violence.
Of course, we know that for most of history, this concept of "just war" was rarely observed. The capacity of human beings to think up new ways to kill one another proved inexhaustible, as did our capacity to exempt from mercy those who look different or pray to a different God. Wars between armies gave way to wars between nations -- total wars in which the distinction between combatant and civilian became blurred. In the span of 30 years, such carnage would twice engulf this continent. And while it's hard to conceive of a cause more just than the defeat of the Third Reich and the Axis powers, World War II was a conflict in which the total number of civilians who died exceeded the number of soldiers who perished.
In the wake of such destruction, and with the advent of the nuclear age, it became clear to victor and vanquished alike that the world needed institutions to prevent another world war. And so, a quarter century after the United States Senate rejected the League of Nations -- an idea for which Woodrow Wilson received this prize -- America led the world in constructing an architecture to keep the peace: a Marshall Plan and a United Nations, mechanisms to govern the waging of war, treaties to protect human rights, prevent genocide, restrict the most dangerous weapons.
In many ways, these efforts succeeded. Yes, terrible wars have been fought, and atrocities committed. But there has been no Third World War. The Cold War ended with jubilant crowds dismantling a wall. Commerce has stitched much of the world together. Billions have been lifted from poverty. The ideals of liberty and self-determination, equality and the rule of law have haltingly advanced. We are the heirs of the fortitude and foresight of generations past, and it is a legacy for which my own country is rightfully proud.
And yet, a decade into a new century, this old architecture is buckling under the weight of new threats. The world may no longer shudder at the prospect of war between two nuclear superpowers, but proliferation may increase the risk of catastrophe. Terrorism has long been a tactic, but modern technology allows a few small men with outsized rage to murder innocents on a horrific scale.
Moreover, wars between nations have increasingly given way to wars within nations. The resurgence of ethnic or sectarian conflicts; the growth of secessionist movements, insurgencies, and failed states -- all these things have increasingly trapped civilians in unending chaos. In today's wars, many more civilians are killed than soldiers; the seeds of future conflict are sown, economies are wrecked, civil societies torn asunder, refugees amassed, children scarred.
I do not bring with me today a definitive solution to the problems of war. What I do know is that meeting these challenges will require the same vision, hard work, and persistence of those men and women who acted so boldly decades ago. And it will require us to think in new ways about the notions of just war and the imperatives of a just peace.
We must begin by acknowledging the hard truth: We will not eradicate violent conflict in our lifetimes. There will be times when nations -- acting individually or in concert -- will find the use of force not only necessary but morally justified.
I make this statement mindful of what Martin Luther King Jr. said in this same ceremony years ago: "Violence never brings permanent peace. It solves no social problem: it merely creates new and more complicated ones." As someone who stands here as a direct consequence of Dr. King's life work, I am living testimony to the moral force of non-violence. I know there's nothing weak -- nothing passive -- nothing naïve -- in the creed and lives of Gandhi and King.
But as a head of state sworn to protect and defend my nation, I cannot be guided by their examples alone. I face the world as it is, and cannot stand idle in the face of threats to the American people. For make no mistake: Evil does exist in the world. A non-violent movement could not have halted Hitler's armies. Negotiations cannot convince al Qaeda's leaders to lay down their arms. To say that force may sometimes be necessary is not a call to cynicism -- it is a recognition of history; the imperfections of man and the limits of reason.
I raise this point, I begin with this point because in many countries there is a deep ambivalence about military action today, no matter what the cause. And at times, this is joined by a reflexive suspicion of America, the world's sole military superpower.
But the world must remember that it was not simply international institutions -- not just treaties and declarations -- that brought stability to a post-World War II world. Whatever mistakes we have made, the plain fact is this: The United States of America has helped underwrite global security* for more than six decades with the blood of our citizens and the strength of our arms. The service and sacrifice of our men and women in uniform has promoted peace and prosperity from Germany to Korea, and enabled democracy to take hold in places like the Balkans. We have borne this burden not because we seek to impose our will. We have done so out of enlightened self-interest -- because we seek a better future for our children and grandchildren, and we believe that their lives will be better if others' children and grandchildren can live in freedom and prosperity.
So yes, the instruments of war do have a role to play in preserving the peace. And yet this truth must coexist with another -- that no matter how justified, war promises human tragedy. The soldier's courage and sacrifice is full of glory, expressing devotion to country, to cause, to comrades in arms. But war itself is never glorious, and we must never trumpet it as such.
So part of our challenge is reconciling these two seemingly inreconcilable truths -- that war is sometimes necessary, and war at some level is an expression of human folly. Concretely, we must direct our effort to the task that President Kennedy called for long ago. "Let us focus," he said, "on a more practical, more attainable peace, based not on a sudden revolution in human nature but on a gradual evolution in human institutions." A gradual evolution of human institutions.
What might this evolution look like? What might these practical steps be?
To begin with, I believe that all nations -- strong and weak alike -- must adhere to standards that govern the use of force. I -- like any head of state -- reserve the right to act unilaterally if necessary to defend my nation. Nevertheless, I am convinced that adhering to standards, international standards, strengthens those who do, and isolates and weakens those who don't.
I receive this honor with deep gratitude and great humility. It is an award that speaks to our highest aspirations -- that for all the cruelty and hardship of our world, we are not mere prisoners of fate. Our actions matter, and can bend history in the direction of justice.
And yet I would be remiss if I did not acknowledge the considerable controversy that your generous decision has generated. (Laughter.) In part, this is because I am at the beginning, and not the end, of my labors on the world stage. Compared to some of the giants of history who've received this prize -- Schweitzer and King; Marshall and Mandela -- my accomplishments are slight. And then there are the men and women around the world who have been jailed and beaten in the pursuit of justice; those who toil in humanitarian organizations to relieve suffering; the unrecognized millions whose quiet acts of courage and compassion inspire even the most hardened cynics. I cannot argue with those who find these men and women -- some known, some obscure to all but those they help -- to be far more deserving of this honor than I.
But perhaps the most profound issue surrounding my receipt of this prize is the fact that I am the Commander-in-Chief of the military of a nation in the midst of two wars. One of these wars is winding down. The other is a conflict that America did not seek; one in which we are joined by 42 other countries -- including Norway -- in an effort to defend ourselves and all nations from further attacks.
Still, we are at war, and I'm responsible for the deployment of thousands of young Americans to battle in a distant land. Some will kill, and some will be killed. And so I come here with an acute sense of the costs of armed conflict -- filled with difficult questions about the relationship between war and peace, and our effort to replace one with the other.
Now these questions are not new. War, in one form or another, appeared with the first man. At the dawn of history, its morality was not questioned; it was simply a fact, like drought or disease -- the manner in which tribes and then civilizations sought power and settled their differences.
And over time, as codes of law sought to control violence within groups, so did philosophers and clerics and statesmen seek to regulate the destructive power of war. The concept of a "just war" emerged, suggesting that war is justified only when certain conditions were met: if it is waged as a last resort or in self-defense; if the force used is proportional; and if, whenever possible, civilians are spared from violence.
Of course, we know that for most of history, this concept of "just war" was rarely observed. The capacity of human beings to think up new ways to kill one another proved inexhaustible, as did our capacity to exempt from mercy those who look different or pray to a different God. Wars between armies gave way to wars between nations -- total wars in which the distinction between combatant and civilian became blurred. In the span of 30 years, such carnage would twice engulf this continent. And while it's hard to conceive of a cause more just than the defeat of the Third Reich and the Axis powers, World War II was a conflict in which the total number of civilians who died exceeded the number of soldiers who perished.
In the wake of such destruction, and with the advent of the nuclear age, it became clear to victor and vanquished alike that the world needed institutions to prevent another world war. And so, a quarter century after the United States Senate rejected the League of Nations -- an idea for which Woodrow Wilson received this prize -- America led the world in constructing an architecture to keep the peace: a Marshall Plan and a United Nations, mechanisms to govern the waging of war, treaties to protect human rights, prevent genocide, restrict the most dangerous weapons.
In many ways, these efforts succeeded. Yes, terrible wars have been fought, and atrocities committed. But there has been no Third World War. The Cold War ended with jubilant crowds dismantling a wall. Commerce has stitched much of the world together. Billions have been lifted from poverty. The ideals of liberty and self-determination, equality and the rule of law have haltingly advanced. We are the heirs of the fortitude and foresight of generations past, and it is a legacy for which my own country is rightfully proud.
And yet, a decade into a new century, this old architecture is buckling under the weight of new threats. The world may no longer shudder at the prospect of war between two nuclear superpowers, but proliferation may increase the risk of catastrophe. Terrorism has long been a tactic, but modern technology allows a few small men with outsized rage to murder innocents on a horrific scale.
Moreover, wars between nations have increasingly given way to wars within nations. The resurgence of ethnic or sectarian conflicts; the growth of secessionist movements, insurgencies, and failed states -- all these things have increasingly trapped civilians in unending chaos. In today's wars, many more civilians are killed than soldiers; the seeds of future conflict are sown, economies are wrecked, civil societies torn asunder, refugees amassed, children scarred.
I do not bring with me today a definitive solution to the problems of war. What I do know is that meeting these challenges will require the same vision, hard work, and persistence of those men and women who acted so boldly decades ago. And it will require us to think in new ways about the notions of just war and the imperatives of a just peace.
We must begin by acknowledging the hard truth: We will not eradicate violent conflict in our lifetimes. There will be times when nations -- acting individually or in concert -- will find the use of force not only necessary but morally justified.
I make this statement mindful of what Martin Luther King Jr. said in this same ceremony years ago: "Violence never brings permanent peace. It solves no social problem: it merely creates new and more complicated ones." As someone who stands here as a direct consequence of Dr. King's life work, I am living testimony to the moral force of non-violence. I know there's nothing weak -- nothing passive -- nothing naïve -- in the creed and lives of Gandhi and King.
But as a head of state sworn to protect and defend my nation, I cannot be guided by their examples alone. I face the world as it is, and cannot stand idle in the face of threats to the American people. For make no mistake: Evil does exist in the world. A non-violent movement could not have halted Hitler's armies. Negotiations cannot convince al Qaeda's leaders to lay down their arms. To say that force may sometimes be necessary is not a call to cynicism -- it is a recognition of history; the imperfections of man and the limits of reason.
I raise this point, I begin with this point because in many countries there is a deep ambivalence about military action today, no matter what the cause. And at times, this is joined by a reflexive suspicion of America, the world's sole military superpower.
But the world must remember that it was not simply international institutions -- not just treaties and declarations -- that brought stability to a post-World War II world. Whatever mistakes we have made, the plain fact is this: The United States of America has helped underwrite global security* for more than six decades with the blood of our citizens and the strength of our arms. The service and sacrifice of our men and women in uniform has promoted peace and prosperity from Germany to Korea, and enabled democracy to take hold in places like the Balkans. We have borne this burden not because we seek to impose our will. We have done so out of enlightened self-interest -- because we seek a better future for our children and grandchildren, and we believe that their lives will be better if others' children and grandchildren can live in freedom and prosperity.
So yes, the instruments of war do have a role to play in preserving the peace. And yet this truth must coexist with another -- that no matter how justified, war promises human tragedy. The soldier's courage and sacrifice is full of glory, expressing devotion to country, to cause, to comrades in arms. But war itself is never glorious, and we must never trumpet it as such.
So part of our challenge is reconciling these two seemingly inreconcilable truths -- that war is sometimes necessary, and war at some level is an expression of human folly. Concretely, we must direct our effort to the task that President Kennedy called for long ago. "Let us focus," he said, "on a more practical, more attainable peace, based not on a sudden revolution in human nature but on a gradual evolution in human institutions." A gradual evolution of human institutions.
What might this evolution look like? What might these practical steps be?
To begin with, I believe that all nations -- strong and weak alike -- must adhere to standards that govern the use of force. I -- like any head of state -- reserve the right to act unilaterally if necessary to defend my nation. Nevertheless, I am convinced that adhering to standards, international standards, strengthens those who do, and isolates and weakens those who don't.
The world rallied around America after the 9/11 attacks, and continues to support our efforts in Afghanistan, because of the horror of those senseless attacks and the recognized principle of self-defense. Likewise, the world recognized the need to confront Saddam Hussein when he invaded Kuwait -- a consensus that sent a clear message to all about the cost of aggression.
Furthermore, America -- in fact, no nation -- can insist that others follow the rules of the road if we refuse to follow them ourselves. For when we don't, our actions appear arbitrary and undercut the legitimacy of future interventions, no matter how justified.
And this becomes particularly important when the purpose of military action extends beyond self-defense or the defense of one nation against an aggressor. More and more, we all confront difficult questions about how to prevent the slaughter of civilians by their own government, or to stop a civil war whose violence and suffering can engulf an entire region.
I believe that force can be justified on humanitarian grounds, as it was in the Balkans, or in other places that have been scarred by war. Inaction tears at our conscience and can lead to more costly intervention later. That's why all responsible nations must embrace the role that militaries with a clear mandate can play to keep the peace.*
America's commitment to global security will never waver. But in a world in which threats are more diffuse, and missions more complex, America cannot act alone. America alone cannot secure the peace. This is true in Afghanistan. This is true in failed states like Somalia, where terrorism and piracy is joined by famine and human suffering. And sadly, it will continue to be true in unstable regions for years to come.
The leaders and soldiers of NATO countries, and other friends and allies, demonstrate this truth through the capacity and courage they've shown in Afghanistan. But in many countries, there is a disconnect between the efforts of those who serve and the ambivalence of the broader public. I understand why war is not popular, but I also know this: The belief that peace is desirable is rarely enough to achieve it. Peace requires responsibility. Peace entails sacrifice. That's why NATO continues to be indispensable. That's why we must strengthen U.N. and regional peacekeeping, and not leave the task to a few countries. That's why we honor those who return home from peacekeeping and training abroad to Oslo and Rome; to Ottawa and Sydney; to Dhaka and Kigali -- we honor them not as makers of war, but of wagers -- but as wagers of peace.
Let me make one final point about the use of force. Even as we make difficult decisions about going to war, we must also think clearly about how we fight it. The Nobel Committee recognized this truth in awarding its first prize for peace to Henry Dunant -- the founder of the Red Cross, and a driving force behind the Geneva Conventions.
Where force is necessary, we have a moral and strategic interest in binding ourselves to certain rules of conduct*. And even as we confront a vicious adversary that abides by no rules ( ? ), I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength. That is why I prohibited torture. That is why I ordered the prison at Guantanamo Bay closed. And that is why I have reaffirmed America's commitment to abide by the Geneva Conventions. We lose ourselves when we compromise the very ideals that we fight to defend. (Applause.) And we honor -- we honor those ideals by upholding them not when it's easy, but when it is hard.
I have spoken at some length to the question that must weigh on our minds and our hearts as we choose to wage war. But let me now turn to our effort to avoid such tragic choices, and speak of three ways that we can build a just and lasting peace.
First, in dealing with those nations that break rules and laws, I believe that we must develop alternatives to violence that are tough enough to actually change behavior -- for if we want a lasting peace, then the words of the international community must mean something. Those regimes that break the rules must be held accountable. Sanctions must exact a real price. Intransigence must be met with increased pressure -- and such pressure exists only when the world stands together as one.
One urgent example is the effort to prevent the spread of nuclear weapons, and to seek a world without them. In the middle of the last century, nations agreed to be bound by a treaty whose bargain is clear: All will have access to peaceful nuclear power; those without nuclear weapons will forsake them; and those with nuclear weapons will work towards disarmament. I am committed to upholding this treaty. It is a centerpiece of my foreign policy. And I'm working with President Medvedev to reduce America and Russia's nuclear stockpiles.
But it is also incumbent upon all of us to insist that nations like Iran and North Korea do not game the system*. Those who claim to respect international law cannot avert their eyes when those laws are flouted. Those who care for their own security cannot ignore the danger of an arms race in the Middle East or East Asia. Those who seek peace cannot stand idly by as nations arm themselves for nuclear war.
Furthermore, America -- in fact, no nation -- can insist that others follow the rules of the road if we refuse to follow them ourselves. For when we don't, our actions appear arbitrary and undercut the legitimacy of future interventions, no matter how justified.
And this becomes particularly important when the purpose of military action extends beyond self-defense or the defense of one nation against an aggressor. More and more, we all confront difficult questions about how to prevent the slaughter of civilians by their own government, or to stop a civil war whose violence and suffering can engulf an entire region.
I believe that force can be justified on humanitarian grounds, as it was in the Balkans, or in other places that have been scarred by war. Inaction tears at our conscience and can lead to more costly intervention later. That's why all responsible nations must embrace the role that militaries with a clear mandate can play to keep the peace.*
America's commitment to global security will never waver. But in a world in which threats are more diffuse, and missions more complex, America cannot act alone. America alone cannot secure the peace. This is true in Afghanistan. This is true in failed states like Somalia, where terrorism and piracy is joined by famine and human suffering. And sadly, it will continue to be true in unstable regions for years to come.
The leaders and soldiers of NATO countries, and other friends and allies, demonstrate this truth through the capacity and courage they've shown in Afghanistan. But in many countries, there is a disconnect between the efforts of those who serve and the ambivalence of the broader public. I understand why war is not popular, but I also know this: The belief that peace is desirable is rarely enough to achieve it. Peace requires responsibility. Peace entails sacrifice. That's why NATO continues to be indispensable. That's why we must strengthen U.N. and regional peacekeeping, and not leave the task to a few countries. That's why we honor those who return home from peacekeeping and training abroad to Oslo and Rome; to Ottawa and Sydney; to Dhaka and Kigali -- we honor them not as makers of war, but of wagers -- but as wagers of peace.
Let me make one final point about the use of force. Even as we make difficult decisions about going to war, we must also think clearly about how we fight it. The Nobel Committee recognized this truth in awarding its first prize for peace to Henry Dunant -- the founder of the Red Cross, and a driving force behind the Geneva Conventions.
Where force is necessary, we have a moral and strategic interest in binding ourselves to certain rules of conduct*. And even as we confront a vicious adversary that abides by no rules ( ? ), I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength. That is why I prohibited torture. That is why I ordered the prison at Guantanamo Bay closed. And that is why I have reaffirmed America's commitment to abide by the Geneva Conventions. We lose ourselves when we compromise the very ideals that we fight to defend. (Applause.) And we honor -- we honor those ideals by upholding them not when it's easy, but when it is hard.
I have spoken at some length to the question that must weigh on our minds and our hearts as we choose to wage war. But let me now turn to our effort to avoid such tragic choices, and speak of three ways that we can build a just and lasting peace.
First, in dealing with those nations that break rules and laws, I believe that we must develop alternatives to violence that are tough enough to actually change behavior -- for if we want a lasting peace, then the words of the international community must mean something. Those regimes that break the rules must be held accountable. Sanctions must exact a real price. Intransigence must be met with increased pressure -- and such pressure exists only when the world stands together as one.
One urgent example is the effort to prevent the spread of nuclear weapons, and to seek a world without them. In the middle of the last century, nations agreed to be bound by a treaty whose bargain is clear: All will have access to peaceful nuclear power; those without nuclear weapons will forsake them; and those with nuclear weapons will work towards disarmament. I am committed to upholding this treaty. It is a centerpiece of my foreign policy. And I'm working with President Medvedev to reduce America and Russia's nuclear stockpiles.
But it is also incumbent upon all of us to insist that nations like Iran and North Korea do not game the system*. Those who claim to respect international law cannot avert their eyes when those laws are flouted. Those who care for their own security cannot ignore the danger of an arms race in the Middle East or East Asia. Those who seek peace cannot stand idly by as nations arm themselves for nuclear war.
The same principle applies to those who violate international laws by brutalizing their own people. When there is genocide in Darfur, systematic rape in Congo, repression in Burma -- there must be consequences. Yes, there will be engagement; yes, there will be diplomacy -- but there must be consequences when those things fail. And the closer we stand together, the less likely we will be faced with the choice between armed intervention and complicity in oppression.
This brings me to a second point -- the nature of the peace that we seek. For peace is not merely the absence of visible conflict. Only a just peace based on the inherent rights and dignity of every individual can truly be lasting.
It was this insight that drove drafters of the Universal Declaration of Human Rights after the Second World War. In the wake of devastation, they recognized that if human rights are not protected, peace is a hollow promise.
And yet too often, these words are ignored. For some countries, the failure to uphold human rights is excused by the false suggestion that these are somehow Western principles, foreign to local cultures or stages of a nation's development. And within America, there has long been a tension between those who describe themselves as realists or idealists -- a tension that suggests a stark choice between the narrow pursuit of interests or an endless campaign to impose our values around the world.
I reject these choices. I believe that peace is unstable where citizens are denied the right to speak freely or worship as they please; choose their own leaders or assemble without fear. Pent-up grievances fester, and the suppression of tribal and religious identity can lead to violence. We also know that the opposite is true. Only when Europe became free did it finally find peace. America has never fought a war against a democracy, and our closest friends are governments that protect the rights of their citizens. No matter how callously defined, neither America's interests -- nor the world's -- are served by the denial of human aspirations.
So even as we respect the unique culture and traditions of different countries, America will always be a voice for those aspirations that are universal. We will bear witness to the quiet dignity of reformers like Aung Sang Suu Kyi; to the bravery of Zimbabweans who cast their ballots in the face of beatings; to the hundreds of thousands who have marched silently through the streets of Iran. It is telling that the leaders of these governments fear the aspirations of their own people more than the power of any other nation. And it is the responsibility of all free people and free nations to make clear that these movements -- these movements of hope and history -- they have us on their side.
Let me also say this: The promotion of human rights cannot be about exhortation alone. At times, it must be coupled with painstaking diplomacy. I know that engagement with repressive regimes lacks the satisfying purity of indignation. But I also know that sanctions without outreach -- condemnation without discussion -- can carry forward only a crippling status quo. No repressive regime can move down a new path unless it has the choice of an open door.
In light of the Cultural Revolution's horrors, Nixon's meeting with Mao appeared inexcusable -- and yet it surely helped set China on a path where millions of its citizens have been lifted from poverty and connected to open societies. Pope John Paul's engagement with Poland created space not just for the Catholic Church, but for labor leaders like Lech Walesa. Ronald Reagan's efforts on arms control and embrace of perestroika not only improved relations with the Soviet Union, but empowered dissidents throughout Eastern Europe. There's no simple formula here. But we must try as best we can to balance isolation and engagement, pressure and incentives, so that human rights and dignity are advanced over time.
Third, a just peace includes not only civil and political rights -- it must encompass economic security and opportunity. For true peace is not just freedom from fear, but freedom from want.
It is undoubtedly true that development rarely takes root without security; it is also true that security does not exist where human beings do not have access to enough food, or clean water, or the medicine and shelter they need to survive. It does not exist where children can't aspire to a decent education or a job that supports a family. The absence of hope can rot a society from within.
And that's why helping farmers feed their own people* -- or nations educate their children and care for the sick -- is not mere charity. It's also why the world must come together to confront climate change. There is little scientific dispute that if we do nothing, we will face more drought, more famine, more mass displacement -- all of which will fuel more conflict for decades. For this reason, it is not merely scientists and environmental activists who call for swift and forceful action -- it's military leaders in my own country and others who understand our common security hangs in the balance.
Agreements among nations. Strong institutions. Support for human rights. Investments in development. All these are vital ingredients in bringing about the evolution that President Kennedy spoke about. And yet, I do not believe that we will have the will, the determination, the staying power, to complete this work without something more -- and that's the continued expansion of our moral imagination; an insistence that there's something irreducible that we all share.
As the world grows smaller, you might think it would be easier for human beings to recognize how similar we are; to understand that we're all basically seeking the same things; that we all hope for the chance to live out our lives with some measure of happiness and fulfillment for ourselves and our families.
And yet somehow, given the dizzying pace of globalization, the cultural leveling of modernity, it perhaps comes as no surprise that people fear the loss of what they cherish in their particular identities -- their race, their tribe, and perhaps most powerfully their religion. In some places, this fear has led to conflict. At times, it even feels like we're moving backwards. We see it in the Middle East, as the conflict between Arabs and Jews seems to harden. We see it in nations that are torn asunder by tribal lines.
And most dangerously, we see it in the way that religion is used to justify the murder of innocents by those who have distorted and defiled the great religion of Islam, and who attacked my country from Afghanistan. These extremists are not the first to kill in the name of God; the cruelties of the Crusades are amply recorded. But they remind us that no Holy War can ever be a just war. For if you truly believe that you are carrying out divine will, then there is no need for restraint -- no need to spare the pregnant mother, or the medic, or the Red Cross worker, or even a person of one's own faith. Such a warped view of religion is not just incompatible with the concept of peace, but I believe it's incompatible with the very purpose of faith -- for the one rule that lies at the heart of every major religion is that we do unto others as we would have them do unto us.
This brings me to a second point -- the nature of the peace that we seek. For peace is not merely the absence of visible conflict. Only a just peace based on the inherent rights and dignity of every individual can truly be lasting.
It was this insight that drove drafters of the Universal Declaration of Human Rights after the Second World War. In the wake of devastation, they recognized that if human rights are not protected, peace is a hollow promise.
And yet too often, these words are ignored. For some countries, the failure to uphold human rights is excused by the false suggestion that these are somehow Western principles, foreign to local cultures or stages of a nation's development. And within America, there has long been a tension between those who describe themselves as realists or idealists -- a tension that suggests a stark choice between the narrow pursuit of interests or an endless campaign to impose our values around the world.
I reject these choices. I believe that peace is unstable where citizens are denied the right to speak freely or worship as they please; choose their own leaders or assemble without fear. Pent-up grievances fester, and the suppression of tribal and religious identity can lead to violence. We also know that the opposite is true. Only when Europe became free did it finally find peace. America has never fought a war against a democracy, and our closest friends are governments that protect the rights of their citizens. No matter how callously defined, neither America's interests -- nor the world's -- are served by the denial of human aspirations.
So even as we respect the unique culture and traditions of different countries, America will always be a voice for those aspirations that are universal. We will bear witness to the quiet dignity of reformers like Aung Sang Suu Kyi; to the bravery of Zimbabweans who cast their ballots in the face of beatings; to the hundreds of thousands who have marched silently through the streets of Iran. It is telling that the leaders of these governments fear the aspirations of their own people more than the power of any other nation. And it is the responsibility of all free people and free nations to make clear that these movements -- these movements of hope and history -- they have us on their side.
Let me also say this: The promotion of human rights cannot be about exhortation alone. At times, it must be coupled with painstaking diplomacy. I know that engagement with repressive regimes lacks the satisfying purity of indignation. But I also know that sanctions without outreach -- condemnation without discussion -- can carry forward only a crippling status quo. No repressive regime can move down a new path unless it has the choice of an open door.
In light of the Cultural Revolution's horrors, Nixon's meeting with Mao appeared inexcusable -- and yet it surely helped set China on a path where millions of its citizens have been lifted from poverty and connected to open societies. Pope John Paul's engagement with Poland created space not just for the Catholic Church, but for labor leaders like Lech Walesa. Ronald Reagan's efforts on arms control and embrace of perestroika not only improved relations with the Soviet Union, but empowered dissidents throughout Eastern Europe. There's no simple formula here. But we must try as best we can to balance isolation and engagement, pressure and incentives, so that human rights and dignity are advanced over time.
Third, a just peace includes not only civil and political rights -- it must encompass economic security and opportunity. For true peace is not just freedom from fear, but freedom from want.
It is undoubtedly true that development rarely takes root without security; it is also true that security does not exist where human beings do not have access to enough food, or clean water, or the medicine and shelter they need to survive. It does not exist where children can't aspire to a decent education or a job that supports a family. The absence of hope can rot a society from within.
And that's why helping farmers feed their own people* -- or nations educate their children and care for the sick -- is not mere charity. It's also why the world must come together to confront climate change. There is little scientific dispute that if we do nothing, we will face more drought, more famine, more mass displacement -- all of which will fuel more conflict for decades. For this reason, it is not merely scientists and environmental activists who call for swift and forceful action -- it's military leaders in my own country and others who understand our common security hangs in the balance.
Agreements among nations. Strong institutions. Support for human rights. Investments in development. All these are vital ingredients in bringing about the evolution that President Kennedy spoke about. And yet, I do not believe that we will have the will, the determination, the staying power, to complete this work without something more -- and that's the continued expansion of our moral imagination; an insistence that there's something irreducible that we all share.
As the world grows smaller, you might think it would be easier for human beings to recognize how similar we are; to understand that we're all basically seeking the same things; that we all hope for the chance to live out our lives with some measure of happiness and fulfillment for ourselves and our families.
And yet somehow, given the dizzying pace of globalization, the cultural leveling of modernity, it perhaps comes as no surprise that people fear the loss of what they cherish in their particular identities -- their race, their tribe, and perhaps most powerfully their religion. In some places, this fear has led to conflict. At times, it even feels like we're moving backwards. We see it in the Middle East, as the conflict between Arabs and Jews seems to harden. We see it in nations that are torn asunder by tribal lines.
And most dangerously, we see it in the way that religion is used to justify the murder of innocents by those who have distorted and defiled the great religion of Islam, and who attacked my country from Afghanistan. These extremists are not the first to kill in the name of God; the cruelties of the Crusades are amply recorded. But they remind us that no Holy War can ever be a just war. For if you truly believe that you are carrying out divine will, then there is no need for restraint -- no need to spare the pregnant mother, or the medic, or the Red Cross worker, or even a person of one's own faith. Such a warped view of religion is not just incompatible with the concept of peace, but I believe it's incompatible with the very purpose of faith -- for the one rule that lies at the heart of every major religion is that we do unto others as we would have them do unto us.
Adhering to this law of love has always been the core struggle of human nature. For we are fallible. We make mistakes, and fall victim to the temptations of pride, and power, and sometimes evil. Even those of us with the best of intentions will at times fail to right the wrongs before us.
But we do not have to think that human nature is perfect for us to still believe that the human condition can be perfected. We do not have to live in an idealized world to still reach for those ideals that will make it a better place. The non-violence practiced by men like Gandhi and King may not have been practical or possible in every circumstance, but the love that they preached -- their fundamental faith in human progress -- that must always be the North Star that guides us on our journey.
For if we lose that faith -- if we dismiss it as silly or naïve; if we divorce it from the decisions that we make on issues of war and peace -- then we lose what's best about humanity. We lose our sense of possibility. We lose our moral compass.
Like generations have before us, we must reject that future. As Dr. King said at this occasion so many years ago, "I refuse to accept despair as the final response to the ambiguities of history. I refuse to accept the idea that the 'isness' of man's present condition makes him morally incapable of reaching up for the eternal 'oughtness' that forever confronts him."
Let us reach for the world that ought to be -- that spark of the divine that still stirs within each of our souls. (Applause.)
For if we lose that faith -- if we dismiss it as silly or naïve; if we divorce it from the decisions that we make on issues of war and peace -- then we lose what's best about humanity. We lose our sense of possibility. We lose our moral compass.
Like generations have before us, we must reject that future. As Dr. King said at this occasion so many years ago, "I refuse to accept despair as the final response to the ambiguities of history. I refuse to accept the idea that the 'isness' of man's present condition makes him morally incapable of reaching up for the eternal 'oughtness' that forever confronts him."
Let us reach for the world that ought to be -- that spark of the divine that still stirs within each of our souls. (Applause.)
Somewhere today, in the here and now, in the world as it is, a soldier sees he's outgunned, but stands firm to keep the peace. Somewhere today, in this world, a young protestor awaits the brutality of her government, but has the courage to march on. Somewhere today, a mother facing punishing poverty still takes the time to teach her child, scrapes together what few coins she has to send that child to school -- because she believes that a cruel world still has a place for that child's dreams.
Let us live by their example. We can acknowledge that oppression will always be with us, and still strive for justice. We can admit the intractability of depravation, and still strive for dignity. Clear-eyed, we can understand that there will be war, and still strive for peace. We can do that -- for that is the story of human progress; that's the hope of all the world; and at this moment of challenge, that must be our work here on Earth.
Thank you very much. (Applause.)
helped underwrite global security
FROM WOUNDED KNEE TO IRAQ:
A CENTURY OF U.S. MILITARY INTERVENTIONS
http://www.un.org/en/peacekeeping/
A CENTURY OF U.S. MILITARY INTERVENTIONS
http://www.un.org/en/peacekeeping/
United Nations peacekeeping is a unique and dynamic instrument developed by the Organization as a way to help countries torn by conflict create the conditions for lasting peace. The first UN peacekeeping mission was established in 1948, when the Security Council authorized the deployment of UN military observers to the Middle East to monitor the Armistice Agreement between Israel and its Arab neighbours.
The U.N. pulled out of Somalia leaving no one in charge. There is no government, no law, and no formal education -- just a rampant wild-frontier economy in which anything can be had for a price. Is this the future?
American Service-Members' Protection
Act
The American Service-Members' Protection Act (ASPA) is a United States federal law introduced by US Senator Jesse Helms as an amendment to the National Defense Authorization Act and passed in August 2002 by Congress. The stated purpose of the amendment was "to protect United States military personnel and other elected and appointed officials of the United States government against criminal prosecution by an international criminal court to which the United States is not party".
Stop Monsanto in Copenhagen
Everything he wants to do is illegal
Toxin in Iraq water pipes kills first US soldier
http://current.com/items/91625036_toxin-in-iraq-water-pipes-kills-first-us-soldier.htm
The chemical in question is hexavalent chromium, which has been linked to
leukemia, several cancers, liver and kidney damage. In Iraq it was used to prevent corrosion in water pipes that pumped water into the ground to "boost oil production." In the Iraqi desert, this chemical was blown on the clothing, faces and skin of soldiers where hundreds were exposed.
Those hundreds of soldiers are now suing KBR Inc., a defense contractor based in Houston, TX, that was responsible for fixing the pipes in the Qarmat Ali facility in 2003 and get them working again. This former Halliburton subsidiary, knew that Iraqi soldiers slashed open containers of the chemical when they left the facility, and exposed it to desert winds that blew it all around. The American and British soldiers guarding the facility were not warned of the dangers or given any protective covering.Hexavalent Chromium was also the toxin that reared its ugly head in the movie Erin Brokovich.
Bolivia: Another Foe of US Foreign Investors Working To End Poverty
http://current.com/items/91623076_bolivia-another-foe-of-us-foreign-investors-working-to-end-poverty.htm
GE's silencing of Olbermann and MSNBC's sleazy use of Richard Wolffe
The New York Times this morning has a remarkable story, and incredibly, the article's author, Brian Stelter, doesn't even acknowledge, let alone examine, what makes the story so significant. In essence, the chairman of General Electric (which owns MSNBC), Jeffrey Immelt, and the chairman of News Corporation (which owns Fox News), Rupert Murdoch, were brought into a room at a "summit meeting" for CEOs in May, where Charlie Rose tried to engineer an end to the "feud" between MSNBC's Keith Olbermann and Fox's Bill O'Reilly. According to the NYT, both CEOs agreed that the dispute was bad for the interests of the corporate parents, and thus agreed to order their news employees to cease attacking each other's news organizations and employees.
Most notably, the deal wasn't engineered because of a perception that it was hurting either Olbermann or O'Reilly's show, or even that it was hurting MSNBC. To the contrary, as Olbermann himself has acknowledged, his battles with O'Reilly have substantially boosted his ratings. The agreement of the corporate CEOs to cease criticizing each other was motivated by the belief that such criticism was hurting the unrelated corporate interests of GE and News Corp:
Iran Cuts Off Online Access
Iran Cuts Off Online Access
CRS Fires a Division Chief
The Director of the Congressional Research Service fired the chief of its Foreign Affairs, Defense and Trade Division after he criticized Obama Administration policy on prosecuting Guantanamo detainees in a Wall Street Journal op-ed last month.
Morris Davis, a former chief prosecutor at Guantanamo who has been at CRS for the past year, argued that current U.S. policy on trying detainees amounted to a double standard. “The administration must choose,” he wrote in the Journal on November 10. “Either federal courts or military commissions, but not both, for the detainees that deserve to be prosecuted and punished for their past conduct.”
Morris Davis, a former chief prosecutor at Guantanamo who has been at CRS for the past year, argued that current U.S. policy on trying detainees amounted to a double standard. “The administration must choose,” he wrote in the Journal on November 10. “Either federal courts or military commissions, but not both, for the detainees that deserve to be prosecuted and punished for their past conduct.”
Governing Against The Tide
Wisdom from the Woods XI
What the hell is President Obama going to do about employment issues this country is facing? Today I am bringing my class to a favorite spot in the woods to discuss recreation and the problems associated with maintaining public lands. You see; governments are not providing the human resources required to maintain the millions of acres in the conservation system. My favorite spot is a great place to demonstrate the work of the Civilian Conservation Corps (CCC) from the 1930s.
In today's world nobody seems to want to get their hands dirty. Nobody wants to foul up the keyboards of their computers. We do need to have people working in our woodlands as the CCC infrastructure that is still providing services to this day is now starting to fail. Our public lands are in deplorable shape and Governor Nothing (Carcieri) could care less. So we have a problem maintaining our conservation lands and we have a severe unemployment problem. Can't we put the 2 things together again
In today's world nobody seems to want to get their hands dirty. Nobody wants to foul up the keyboards of their computers. We do need to have people working in our woodlands as the CCC infrastructure that is still providing services to this day is now starting to fail. Our public lands are in deplorable shape and Governor Nothing (Carcieri) could care less. So we have a problem maintaining our conservation lands and we have a severe unemployment problem. Can't we put the 2 things together again
Thursday, December 10, 2009
Marvin Ammori
Next Wednesday, the Federal Communications Commission is holding a “workshop” on the issue, as part of the important FCC rulemaking to codify“network neutrality.” The workshop’s title is, “Speech, Democratic Engagement, and the Open Internet.” Net neutrality, as I'll explain is of one of the most pressing First Amendment questions of our time, having an enormous impact on individuals' power to speak with one another, to organize politically, and to change society. Yesterday, the same day the USA Today had an excellent,comprehensive article about network neutrality, the cable industry's head lobbyist delivered a speech claiming that a net neutrality would violate the First Amendment.
This post (which is indebted to Ed Baker the way all my thinking on the First Amendment is) discusses some of the speech implications of network neutrality--both how net neutrality advances the speech interests of millions of Americans and the arguments that net neutrality burdens the speech rights of phone cable corporations.
It provides quite a bit of detail...
continue reading . . .
Next Wednesday, the Federal Communications Commission is holding a “workshop” on the issue, as part of the important FCC rulemaking to codify“network neutrality.” The workshop’s title is, “Speech, Democratic Engagement, and the Open Internet.” Net neutrality, as I'll explain is of one of the most pressing First Amendment questions of our time, having an enormous impact on individuals' power to speak with one another, to organize politically, and to change society. Yesterday, the same day the USA Today had an excellent,comprehensive article about network neutrality, the cable industry's head lobbyist delivered a speech claiming that a net neutrality would violate the First Amendment.
This post (which is indebted to Ed Baker the way all my thinking on the First Amendment is) discusses some of the speech implications of network neutrality--both how net neutrality advances the speech interests of millions of Americans and the arguments that net neutrality burdens the speech rights of phone cable corporations.
It provides quite a bit of detail...
continue reading . . .
The Structure of Government and The Argument in the Sarbanes-Oxley Act Case: Part II
Rick Pildes
A previous post noted that I was surprised by many aspects of this week’s argument in one of the most important cases in years on the Constitution and administrative agencies. By surprised, I don’t mean arguments I disagree with. I mean things like views from the Court about big issues in administrative agency design that have never been expressed before, or uncertainty even about what an independent agency is.
So here’s another surprise: there was virtually no discussion of what the consequences across the government might be if the Court were to hold unconstitutional the administrative structures created to enforce the Sarbanes-Oxley Act. The Court seemed most concerned about the “dual for-cause” removal structure: because the SEC is an independent agency (or has always been assumed to be), the President cannot remove SEC Commissioners except for good cause. And the SEC cannot remove members of the Public Company Accounting Oversight Board (the Board), who work under the control of the SEC, except for good cause. How common is this kind of structure? If the Court holds the Act unconstitutional, how destabilizing would such a decision be?
For starters, it’s worth noting that this would create special constitutional doctrines that apply only to independent agencies. Other agencies and departments, like the Treasury Department or the EPA, can include inferior officers protected from at-will removal. But the independent agencies could not. The Justice who has argued most convincingly against such a regime is, perhaps ironically, Justice Scalia. For he is the Justice who has been most committed to the view that independent agencies are, per se, unconstitutional. But he has also written that, once the constitutionality of independent agencies is accepted, it would be a mistake for the Court to create special constitutional rules for those agencies, or to try to adjust the rest of the Constitution to compensate for the existence of these agencies: “adjusting the remainder of the Constitution to compensate for Humphrey’s Executor is a fruitless endeavor.” Freytag v. Commissioner, 501 U.S. 868, 921 (1991) (Scalia, J., concurring in judgment). In other words, as I understand it, once the constitutionality of independent agencies is accepted, they should be treated, constitutionally, like all the other agencies.
Rick Pildes
A previous post noted that I was surprised by many aspects of this week’s argument in one of the most important cases in years on the Constitution and administrative agencies. By surprised, I don’t mean arguments I disagree with. I mean things like views from the Court about big issues in administrative agency design that have never been expressed before, or uncertainty even about what an independent agency is.
So here’s another surprise: there was virtually no discussion of what the consequences across the government might be if the Court were to hold unconstitutional the administrative structures created to enforce the Sarbanes-Oxley Act. The Court seemed most concerned about the “dual for-cause” removal structure: because the SEC is an independent agency (or has always been assumed to be), the President cannot remove SEC Commissioners except for good cause. And the SEC cannot remove members of the Public Company Accounting Oversight Board (the Board), who work under the control of the SEC, except for good cause. How common is this kind of structure? If the Court holds the Act unconstitutional, how destabilizing would such a decision be?
For starters, it’s worth noting that this would create special constitutional doctrines that apply only to independent agencies. Other agencies and departments, like the Treasury Department or the EPA, can include inferior officers protected from at-will removal. But the independent agencies could not. The Justice who has argued most convincingly against such a regime is, perhaps ironically, Justice Scalia. For he is the Justice who has been most committed to the view that independent agencies are, per se, unconstitutional. But he has also written that, once the constitutionality of independent agencies is accepted, it would be a mistake for the Court to create special constitutional rules for those agencies, or to try to adjust the rest of the Constitution to compensate for the existence of these agencies: “adjusting the remainder of the Constitution to compensate for Humphrey’s Executor is a fruitless endeavor.” Freytag v. Commissioner, 501 U.S. 868, 921 (1991) (Scalia, J., concurring in judgment). In other words, as I understand it, once the constitutionality of independent agencies is accepted, they should be treated, constitutionally, like all the other agencies.
"Toxic Titles"
Just another addition to the crisis lexicon ... "toxic titles" ... from Fed Governor Elizabeth Duke: Keys to Successful Neighborhood Stabilization (ht Brian)
In the most devastated neighborhoods, some lenders do not even complete the foreclosure process or record the outcome of foreclosure sales because the cost of foreclosing exceeds the value of the property. Anecdotal evidence suggests that these "toxic titles" have placed significant numbers of properties in a difficult state of legal limbo.
Debate Begins On The Wall Street Reform and Consumer Protection Act
December 9th, 2009 by Karina
Tonight, the House begins consideration of HR 4173, the Wall Street Reform and Consumer Protection Act. This comprehensive financial regulation reform bill will enact common-sense reforms including ending bailouts by helping ensure taxpayers are never again on the hook for Wall Street’s risky behavior and bad bets; protecting families’ retirement funds, college savings, and homes and businesses’ financial futures from unnecessary risk by Wall Street lenders and speculators and high-paid corporate executives; protecting consumers from predatory lending abuses, fine print, and industry gimmicks; and finally bringing transparency and accountability to a financial system that has run amok.
God, Just Have Sex Like Normal People
Child sex slavery growing U.S. problem
In 2003 the Justice Dept. reported the largest concentrations of trafficking survivors who received federal assistance lived in California, Texas, New York and Oklahoma. The FBI program “Stormy Nights” rescued 13 Oklahoma children ages 12 and up in 2004 from a prostitution ring operating at Oklahoma City truck stops.
In 2006, a manufacturing facility in Tulsa was shut down after an Oklahoma City federal court ruled against several men who lured people from India into forced labor. Earlier this year, an FBI task force rescued several girls during a Craigslist sex sting operation.
On Oct. 26, the FBI and the National Center for Missing and Exploited Children concluded Operation Cross Country IV, a national action plan that is part of the Innocence Lost National Initiative, which targets child prostitution.
According to the FBI, a three-day operation in 36 cities across 30 FBI divisions led to the rescue of 52 child prostitutes. Nearly 700 others, including 60 pimps, were arrested on state and local charges.
“Child prostitution continues to be a significant problem in our country, as evidenced by the number of children rescued through the continued efforts of our crimes against children task forces,” said an FBI official, in a written statement.
Since its inception in 2003, the Innocence Lost Task Forces and Working Groups have recovered about 900 children from the streets. Convictions have exceeded 500 people, resulted in lengthy sentences and the seizure of more than $3.1 million in assets.
In 2006, a manufacturing facility in Tulsa was shut down after an Oklahoma City federal court ruled against several men who lured people from India into forced labor. Earlier this year, an FBI task force rescued several girls during a Craigslist sex sting operation.
On Oct. 26, the FBI and the National Center for Missing and Exploited Children concluded Operation Cross Country IV, a national action plan that is part of the Innocence Lost National Initiative, which targets child prostitution.
According to the FBI, a three-day operation in 36 cities across 30 FBI divisions led to the rescue of 52 child prostitutes. Nearly 700 others, including 60 pimps, were arrested on state and local charges.
“Child prostitution continues to be a significant problem in our country, as evidenced by the number of children rescued through the continued efforts of our crimes against children task forces,” said an FBI official, in a written statement.
Since its inception in 2003, the Innocence Lost Task Forces and Working Groups have recovered about 900 children from the streets. Convictions have exceeded 500 people, resulted in lengthy sentences and the seizure of more than $3.1 million in assets.
The Blogfather and the Spy
The "secret witness" in Tehran's show trials may be the man who started Iran's blogging revolution.
( When the article starts off by declaring procedures 'show trials'...people who live in glass houses shouldn't throw stones. Gitmo ? Bagram...oops. Sorry. Those are denied due process to the best of my current knowledge. )
CRS: ACORN ban may be unconstitutional
The Congressional Research Service has analyzed the case law surrounding last week’s ACORN funding ban in the House and found the measure could be interpreted as a “bill of attainder” and, therefore, unconstitutional, according to a copy of the report obtained by POLITICO.
A bill of attainder — which is prohibited in Article 1 of the Constitution — is a law targeted to hurt or help an individual. If a bill is regarded primarily as punitive, instead of being strictly regulatory, it could be interpreted as an attainder bill, according to legal experts.
“While the Supreme Court has noted that the courts will generally defer to Congress as to the regulatory purpose of a statute absent clear proof of punitive intent, there appear to be potential issues raised with attempting to find a rational nonpunitive regulatory purpose for this legislation,” CRS legislative attorney Kenneth R. Thomas wrote in an executive summary of the 15-page analysis.
“Thus, it appears that a court may have a sufficient basis to overcome the presumption of constitutionality and find that it violates the prohibition against bills of attainder.”
Britain must adopt a 'war time footing' to tackle catastrophic climate change, a major report has warned.
How very telling.Remember when environmentalists insisted we should learn to live in harmony with nature?
And now the plan is to declare war on nature?
( Hey : War on Everything. War on Drugs, War on Terror,Defense is War,Department of Fatherland Security { apologies to German readers : I have poor resistance to temptation. }, Orwell Today ! )
A bill of attainder — which is prohibited in Article 1 of the Constitution — is a law targeted to hurt or help an individual. If a bill is regarded primarily as punitive, instead of being strictly regulatory, it could be interpreted as an attainder bill, according to legal experts.
“While the Supreme Court has noted that the courts will generally defer to Congress as to the regulatory purpose of a statute absent clear proof of punitive intent, there appear to be potential issues raised with attempting to find a rational nonpunitive regulatory purpose for this legislation,” CRS legislative attorney Kenneth R. Thomas wrote in an executive summary of the 15-page analysis.
“Thus, it appears that a court may have a sufficient basis to overcome the presumption of constitutionality and find that it violates the prohibition against bills of attainder.”
Britain must adopt a 'war time footing' to tackle catastrophic climate change, a major report has warned.
How very telling.Remember when environmentalists insisted we should learn to live in harmony with nature?
And now the plan is to declare war on nature?
( Hey : War on Everything. War on Drugs, War on Terror,Defense is War,Department of Fatherland Security { apologies to German readers : I have poor resistance to temptation. }, Orwell Today ! )
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