James Madison
Senior Member
Northam and I are, undoubtedly, on separate sides of the political seesaw. However, I’m concerned with the ostensibly pervasive sentiment that mistakes characterized as poor taste, poor exercise of judgment, racially insensitive but not necessarily racist or motivated by racial animus, committed more than two decades ago, as a young man, are worthy of having to resign from public office or that such demands are sensible.
It’s as if suddenly, we have a society inundated with multitudes of Maximilien de Robespierre’s, quick to demand the political guillotine for long past transgressions that can be reasonably construed as “minor.”
Law professor Volokh summed it up best:
But the focus should be on his current or at least recent behavior, not his behavior at age 25 now that he is 60.
More broadly, consider what standard we're trying to set for the future. If it's "people who are lying today about their bad behavior from 35 years ago shouldn't be in high office," that may be sensible. If it's "people who committed serious crimes 35 years ago, for which they weren't punished, shouldn't be in high office," that may be sensible. (Again, I don't believe that Justice Kavanaugh was guilty on those counts, but that goes to the particular facts related to those accusations, and not the general principle of what should have been done if the accusations were accurate.)
But if it's "people who said or did offensive things 35 years ago shouldn't be in high office," or even "people who expressed racist / sexist / anti-gay / anti-Semitic / etc. opinions 35 years ago shouldn't be in high office," that's a very different thing. It's tarring someone forever for minor misconduct (again, I note that major misconduct would be a different matter), without considering whether he may have developed better judgment and better views from age 25 to age 60. It's rejecting the possibility that people actually get wiser as they get older -- that they grow up -- that they improve their judgments, their beliefs, and their conduct.
https://reason.com/volokh/2019/02/02/the-northam-controversy-the-kavanaugh-co
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It’s as if suddenly, we have a society inundated with multitudes of Maximilien de Robespierre’s, quick to demand the political guillotine for long past transgressions that can be reasonably construed as “minor.”
Law professor Volokh summed it up best:
But the focus should be on his current or at least recent behavior, not his behavior at age 25 now that he is 60.
More broadly, consider what standard we're trying to set for the future. If it's "people who are lying today about their bad behavior from 35 years ago shouldn't be in high office," that may be sensible. If it's "people who committed serious crimes 35 years ago, for which they weren't punished, shouldn't be in high office," that may be sensible. (Again, I don't believe that Justice Kavanaugh was guilty on those counts, but that goes to the particular facts related to those accusations, and not the general principle of what should have been done if the accusations were accurate.)
But if it's "people who said or did offensive things 35 years ago shouldn't be in high office," or even "people who expressed racist / sexist / anti-gay / anti-Semitic / etc. opinions 35 years ago shouldn't be in high office," that's a very different thing. It's tarring someone forever for minor misconduct (again, I note that major misconduct would be a different matter), without considering whether he may have developed better judgment and better views from age 25 to age 60. It's rejecting the possibility that people actually get wiser as they get older -- that they grow up -- that they improve their judgments, their beliefs, and their conduct.
https://reason.com/volokh/2019/02/02/the-northam-controversy-the-kavanaugh-co
Sent from my iPhone using Tapatalk