Yawn: Lefty Law Professor Bemoans Israeli Dictatorship, Blames Bush

I wouldn't bring it up, since it's nothing we haven't heard a thousand times, but sometimes you need to shine a light on these cockroaches. If you were wondering why law students sometimes come out the ass-end of law school confused as to which way is up, I present for your ridicule: Deep Thoughts by Professor Sandy Levinson.

This may simply underscore the point that all political systems, including those we justifiably label as "democratic," contain within them aspects of "dictatorship" as well, in which decisions of life and death are made without prior approval by the demos. At least the Israeli leaders will indeed be submitting themselves to the judgment of their electorate, which is more than can be said for George W. Bush or Dick Cheney, who for 15 more days will be able to exercise whatever legal powers they possess secure in the knowledge that they will be not be accountable either to the electorate or, it appears, even the application of relevant federal statutes.
Far from continuing my standard critique of our Constitution, I confess that I see no magic solution to the problem of de-facto "dictatorial" aspects of modern government. Post-facto accountability is better than no accountability, etc., but we should always be aware of the awesome power we put in the hands of our political leaders based on little more than trust and confidence that they will use it wisely. The "rule of law" really is reduced, in important ways, to "the rule of a relatively small group of men and women" when situations are perceived as crises.

He's probably confused and distressed because he's forgotten the difference between direct democracy and representative democracy. The whole scheme, which is apparently missed by this so-called "Professor of Government", is that a small group of men and women are elected or selected to make decisions for the rest. By design, there will always be decisions of life and death made "without prior approval by the demos". The are good policy reasons for that design. Professor Levinson may want to start a short review here. He also labels the failure to get prior approval of the people an "aspect of dictatorship", which just goes to show that you can define down anything these days.

He continues the de rigeur (for the Left) Bush blaming:

If this is correct, and there is certainly no good reason to doubt it, then the responsiblity [sic] for the devastation in Gaza can be placed on our Constitution and the stupid hiatus between election and inauguration. Mr. Bush is neither gone nor forgotten, and lives are being lost as a result.

Shorter Levinson: "Stupid Constitution! How dare you wait to allow Congress to count the electors' votes before installing our next Dictator!" In case you were wondering, the electors' votes will be counted tomorrow and a winner will be declared.

Of course to any reasonable person, primary responsibility for the actions of Israelis and Gazans rests with...Israelis and Gazans, rather than a piece of parchment or a man who, to the best of our knowledge, did not order the Israelis or the Gazans to act. But what the hell do I know? Blame Bush! All the cool artards are doing it!

Finally, I think it has come time to recognize that Professor Levinson is possessed of awesome powers of extrasensory perception. How else can we explain this:

It is hard for me otherwise to understand the decisions that Israeli leaders have made, given the foreseeable failure to eliminate Hamas as a political force in Gaza.

If only he had told Israel that its one and only goal for Operation Cast Lead is to eliminate Hamas as a political force. His prediction of complete failure could have saved us all some trouble.

Posted by: Gabriel Malor at 11:25 AM

Comments

for the devastation in Gaza can be placed on our Constitution and the stupid hiatus between election and inauguration. Mr. Bush is neither gone nor forgotten, and lives are being lost as a result.

This does get tiresome. "The US should not control the rest of the world..." blah blah blah shit. Then you have the above which is complaining about Bush not controlling the world and that if only the One was in office now this would all be perfect.

Posted by: buzzion at January 05, 2009 11:31 AM (Lrsi6)

2 Christiane Amanpour would look so much better in Hamas garb.

Posted by: Fourth Virginia at January 05, 2009 11:31 AM (OjuC4)

3 "for 15 more days will be able to exercise whatever legal powers they possess..."

I am sure the killing of all Democrats and all furreners will begin shortly.

Posted by: PJ at January 05, 2009 11:32 AM (fyFnu)

It is hard for me otherwise to understand the decisions that Israeli leaders have made, given the foreseeable failure to eliminate Hamas as a political force in Gaza.

How hardcore are you willing to get? That's the question the "professor" should be asking.

Posted by: EC at January 05, 2009 11:33 AM (mAhn3)

That "representative democracy" thing seems to hang a lot of people up these days. My mom (who works in education, poor soul) blames it on the utter lack of teaching of civics in public schools now. I'm not sure if there's an utter lack of it or if the problem these days is the nuance civics and American History is taught with.

Regardless I'm more afraid of The One having dictatorial powers dropped in his lap shortly than I ever was of Bush and Cheney. Which is saying something because there was a time in my life when I was gladly counting down to Bush's last day in office.

Posted by: ParanoidInSeattle at January 05, 2009 11:34 AM (AJ4xq)

6 "It is hard for me otherwise to understand the decisions that Israeli leaders have made[...]"

Why, o why do Lefties always try to throw this supercilious turd of an argument against the wall to see if it sticks?

Posted by: RJ at January 05, 2009 11:37 AM (TiNT3)

7 Must have been a sale on "scare quotes" in the professor's hometown.

Posted by: huerfano at January 05, 2009 11:41 AM (knHvu)

8 oh shit, this asshole is so famous among the other UT professors as some kind of brilliant mind, but he always overlooks some obnoxiously obvious point that totally contradicts his entire spiel.

Of course we're not a direct democracy. No one said we were and we don't want to be. Whether this idiot realizes it or not, the Republicans are not fighting Obama taking power... there is a peaceful turnover after an election where people who weren't happy with one political party selected another. Of course that was a consequence of Bush's popularity.

Sheesh.

Posted by: Shill at January 05, 2009 11:41 AM (8jYMc)

9
And while all this "devastation" has been occurring, Obama's response was to work on his tan.

Posted by: A Plover In Every Pot! at January 05, 2009 11:45 AM (wFYko)

10 It is hard for me otherwise to understand

I've always enjoyed the Argument from Personal Ignorance, a staple of the left. When they don't know something, or can't understand something, they assume that's its a chimera of someone's delusion.

The hubris of the progressive true believers jaw dropping.

Posted by: toby928 at January 05, 2009 11:46 AM (PD1tk)

11 is jaw dropping

Posted by: toby928 at January 05, 2009 11:47 AM (PD1tk)

12 The sad part is that blaming Bush for everything will not end with him leaving office. It will be the preamble to every media report of problems during Obama's administration.

Posted by: polynikes at January 05, 2009 11:58 AM (m2CN7)

13 Levinson has long since lost any respect I had for him.

Here is what I wrote when Levinson called the Scooter Libby commutation a "constitutional crisis".

"He's highly regarded, with a long and distinguished career.

He wrote my Con Law book in law school. All of which is why I find it hard to believe that Sanford Levinson could write something so stupid as:

No one should doubt that we are in a constitutional crisis. And part of the crisis can be found within the Constitution itself.

Evidently, when a President exercises a power that has existed in the executive from time immemorial, and which is explicitly granted, without limitation, by our very constitution -- such action amounts to a "constitutional crisis" and a threat to our very "Republican Form of Government" (caps?).

This, for the commutation of a prison sentence handed down to an unelected staffer convicted of obstructing an investigation into something for which nobody has been indicted, and for which there probably wasn't even a crime.

When all of you are through stocking up on hand crank radios, canned food and ammunition for the looming collapse of society, can someone spare a moment to help the dear professor get his skirt down from around his head.

In my opinion, Sanford Levinson is simply no longer a serious writer or thinker.

Posted by: The Guvnah at January 05, 2009 12:08 PM (Rg8DN)

14 Guvnah, he didn't write that book. He just put his name on it. He gave some law students a bunch of law school credit for writing it, over the course of several editions.

In fact, it could fairly be said that the students and Texas taxpayers paid thousands of dollars to write a book that Levinson has made a fortune selling to his students (he doesn't teach 1L conlaw these days, though)

Posted by: Shill at January 05, 2009 12:21 PM (8jYMc)

15 He's a self-hating Jew.

Posted by: NJconservative at January 05, 2009 12:22 PM (nwJit)

16 Shill:

Fair enough... Whether he actually wrote it or not (and I have no reason to doubt you) it's a feather he gets to put in his cap. And I do understand that he is (was?) highly regarded as a Con Law expert/professor... Not as much of a celebrity as a Tribe or Sunstein, but well respected nonetheless.

I'm not even sure he was teaching 1L Con law when I was there (97-00). Jordan Steiker and Lino Graglia had two of the sections... I can't remember the other two.

Posted by: The Guvnah at January 05, 2009 12:35 PM (Rg8DN)

17 Apparently this fine legal mind has never encountered the phrase "tyranny of the majority".

And "the stupid hiatus" is better termed "the orderly transfer of power". Either there is the current situation in which the people learning the job are part of a semi-official transition team, or there is another, vastly inferior system in which the incoming people, who don't know the job yet, are given the responsibility. The outgoing people will have little incentive to answer questions from the incoming ones.

As usual, liberals want to change things without considering the consequences.

Posted by: Loren Heal at January 05, 2009 12:55 PM (uiKEv)

Sandy Levinson

Reason #217 to try and steer your kid away from tu. My grandad is a graduate of UT Law and he would grab a deer rifle and head straight to Austin upon reading that shit if he were alive.

My uncle is a graduate of UT Law also, but I suspect that he smoked way to much dope back in the day to give a shit one way or the other about this.

Posted by: pendejo grande at January 05, 2009 01:14 PM (THKHB)

19 Laywers,Professors & Law Professors!

Really gotta love these guys. Well of course it's all our fault. Nothing happens in the whole world that we don't permit or cause.

Israeli's & Pal's killing each other (again) - our fault

Russians going totalitarian (again) - our fault

Pakistan & India getting ready to Nuke it out (again) - our fault

Posted by: D at January 05, 2009 01:16 PM (yVSg5)

20 Guvnah, you're right. He's considered one of the brilliant professors here, and his textbook is a huge feather in his cap.

When I took Con Law I had Berman (also a Crim Law prof). Graglia still teaches Con Law and is a great professor to have, but he's a pariah here (as I'm sure he was when you were here). Steiker spends his time on clinics defending terrorists at GITMO, if I'm not mistaken.

All in all, UT is a good law school and I don't think the liberals here are any different than the liberals at the other schools in Texas (perhaps Baylor doesn't have them). I do think UT took a major step back when they replaced Bill Powers with Larry Sager as dean.

Posted by: Shill at January 05, 2009 01:20 PM (8jYMc)

21 Oh yes, Graglia was already in his second decade of being a pariah when I was there. But there were plenty of Federalist Society and otherwise conservative students that were big fans.

Speaking of which, in response to "pendejo grande"...

It's been almost a decade since I graduated, but you should really set aside the infantile "tu" stuff if you've got a kid that you're shooing away from UT Law.

You can draw a circle with a 1,000 mile radius around Austin and the only law schools you'll find in that circle that are better than UT would be in Chicago.

I can say without hesitation that UT's Law professors, while almost uniformly liberal, were extraordinary teachers who didn't inject their policy preferences into the classroom. And if you're going to send your kids to law school, you'd have a hard time finding a top tier school that doesn't have a leftist faculty. I came out of UT Law more conservative than I did when I went in because I learned the law.

Jordan Steiker was (and is) a BIG anti death penalty advocate -- yet he taught both Con Law I and Con Law II (race & gender) in an extraordinarily evenhanded way.

Samuel Issacharoff (later of Columbia and NYU) was (and is) a BIG election rights advocate -- but he was probably the most brilliant professor I've ever had when I took him for Civil Procedure.

Douglas Laycock (now at Michigan) is one of the foremost experts on religious liberty and the law of remedies. Another brilliant prof snatched up by a more prestigious law school.

And then there's the late Charles Alan Wright, who even Ruth Bader Ginsburg praised as "a Colossus standing at the summit of our profession."

I realize that I've just cited 3 professors who are no longer there, but it is a testament to UT's ability to attract top notch professors that they get snatched up by the Ivy Leagues / Berkley / Michigan. Even if Levinson has gone around the bend politically, the UT law faculty is generally top notch, there is a strong cohort of conservative students and student groups, and considering the cheap cost of UT tuition, I'd argue that you simply cannot get a better "bang for your buck" than having a UT Law degree.

Posted by: The Guvnah at January 05, 2009 02:29 PM (Rg8DN)

22 This collage dummy has a IQ below a chckens

Posted by: Spurwing Plover at January 05, 2009 02:40 PM (VuPm1)

23 Uh ... begging your pardon, but this is not a Democracy - representative or otherwise - it is a Constitutional Republic.

But then I did not attend one of the vaunted law schools, so what do I know.

Posted by: Bruce at January 05, 2009 03:15 PM (rdFaW)

24 Bruce, while you're right that this is a constitutional republic, it's not like we're not also a democracy in many ways.

It's not really even a matter of 'if' but a matter of 'how much'. At the end of the day, we are only theoretically ruled by the constitution, as our highest court routinely rereads what that constitution means. But yeah, we're a constitutional republic in theory.

It's too bad more people don't realize it. I look back to Marbury v Madison as the point where this nation started going astray... instead of amending the constitution... we just elect leaders who promise to bend the rules and get the results we want.

Guvnah, while I certainly agree that UT is a fantastic law school, most people calling it TU are more interested in football rivalries than in looking at the wealth of clinics, trial training, professorial competance, and peer intelligence at UT (all of which completely blow away all schools nearby, even though the schools nearby are mostly great schools). If anyone considering law school doesn't look into this stuff on their own, they deserve to wind up at Baylor with that Full Ride*.

Posted by: Shill at January 05, 2009 03:34 PM (8jYMc)

25 Fourth Virginia: Christiane Amanpour would look so much better in Hamas garb.

Talk about a woman who needs a burqa...

Posted by: Jazz at January 05, 2009 04:07 PM (hnq5i)

26 Now that I've got my generic Levinson ridiculing out of the way, let's try a bit of fisking on his anti-Israel cri de coeur.

     "I have expressed some preference for parliamentary systems... because the former, on balance, offer more accountability."

Fair enough. Accountability is one of the prime reasons for having elections.

    "Moreover, it is hard to escape the view that the more relevant [Israeli] decisionmakers are motivated by their deep (and altogether justifiable) desire to forestall the return of Benjamin Netanyahu..."

Return? Return how? By an election?

     "... and, therefore, determined to prove to his potential supporters that they are as willing to use military force, regardless of consequences to the Palestinians, as he presumably would be."

So Professor Levinson prefers parliamentary systems to our own because the indefinite and possibly shorter reign of a government makes government more accountable. And yet he opposes the actions of the current government acting in what can only be characterized as pre-emptively accountable.

Whether Levinson is correct or incorrect about the motivations of the Olmert government, by Levinson's own account the government is acting to fulfill the desires of a majority of voters who would otherwise turn out the Labor government if it didn't take these actions. In other words, Olmert's government is being responsible to voters' perceived wishes before they've even cast their ballots. Yet he continues, incoherently...

      "This may simply underscore the point that all political systems... contain within them aspects of 'dictatorship' as well, in which decisions of life and death are made without prior approval by the demos."

But he's just told us that the Olmert government is acting in accordance with the "approval by the demos" that would otherwise elect a Likud slate in the next election if the Olmert government had not launched this counterattack!

So what, precisely is Levinson's problem? Levinson claims to favor parliamentary systems becuase they are more accountable (to the voters, one would presume) and identifies actions taken by the current government that are accountable (again, to the voters).

The answer, of course, is contained in the following clause from Levinson:   "regardless of consequences to the Palestinians".

And there you have it.

Apparently, a government is a "dictatorship" and not sufficiently "accountable" when it responds to and acts in accordance with the wishes of its OWN populace, and against the wishes of people in ANOTHER "nation."

Finally, after quoting a NYT piece, Levinson's argument completely self-destructs...

     "'Israeli officials could not be certain that President-elect Barack Obama... would match the Bush administration's unconditional endorsement.' If this is correct... then the responsibility for the devastation in Gaza can be placed on our Constitution and the stupid hiatus between election and inauguration."

Let's set this out in all it's ridiculous glory.

The United States Constitution is to blame for palestinians being killed in Gaza. Why? Because the Constitution includes a delay between the election and inauguration of the American president. And this matters how? Because without the delay, the Israeli government, which is relatively unfettered by the United States in acting to defend itself under the current administration, would have to consider the wishes of the new American president.

So, according to Levinson -- who favors "accountability" mind you -- it is a tragedy that the Olmert government is acting in accordance with the wishes of its own populace, as opposed to taking its marching orders from a new American administration which the Israelis had no choice in electing whatsoever.

Levinson's professed preference for "accountability" to voters and apparent disdain for "dictatorship" is a complete sham. Quite the opposite. He disapproves of the current Israeli government acting independently, and would prefer that Israel be constrained by the government of the United States. A government that is entirely unaccountable to Israeli voters.

Posted by: The Guvnah at January 05, 2009 05:05 PM (Rg8DN)

27 Fuck you , you Anti Semite. People like you are the problem. Since when are you not supposed to protect yourself. I don't see any of these Arab countries opening their arms to Hamas. No, they only give a shit when they are not asked to do something. I hope Israel kills every last one of those camel jockey fucks.

Posted by: navyvet at January 05, 2009 05:24 PM (IaWv8)

28 He likes to say words with 'facto' in them.

Posted by: Kevin at January 05, 2009 06:42 PM (KO6dP)

There's overlap between government and dictatorship? Go figure that to govern and to dictate mean pretty near the same thing: to control, to regulate, to impose.

So a government controls which regulations get imposed on people.

#1: blah blah blah shit.

Exactly.

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