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http://harpers.org/archive/2009/02/hbc-90004433By Scott Horton
February 20, 12:50 PM
Our Voyage to Brobdingnag
Prepared introductory remarks for the Arthur N. Rupe Great Debate: Torture and the Law, University of California at Santa Barbara, Santa Barbara, California, February 19, 2009.
This is my second trip to Santa Barbara to speak at your university ...........
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Let’s consider what’s at stake. Our democracy and our understanding of the relationship between its vital institutions, especially the executive and the Congress; avoiding a presidency with dictatorial powers. Upholding our traditions and values. Being a leader in the international community. Attending effectively to our security. One thing flows through the Bush years—it’s a conviction that our laws, our Constitution and our democratic values were a weakness best supplanted with an all-powerful executive. Gone is the careful system of checks-and-balances that the Founders crafted. In Jane Mayer’s book The Dark Side, I found one very revealing passage. A senior CIA figure describes his meeting with David Addington and Dick Cheney at which the legality of the black sites came up. “Laws!? Like who the fuck cares!” That could stand as a motto for the last eight years. And it presents us with a dilemma. We can agree with Nixon that “if the president does it, that means it’s legal.” That’s one dark vision of our Constitutional order. Or we can hold to the view of our Founding Fathers, which Thomas Paine summed up this way “in America, the law ought to be King; and there ought to be no other.”
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