Saturday, April 09, 2005

Knowing where the Fringe Is

This is downright fascinating:
Supreme Court Justice Anthony M. Kennedy is a fairly accomplished jurist, but he might want to get himself a good lawyer -- and perhaps a few more bodyguards.
Just let that last phrase sink in before you race on.
Conservative leaders meeting in Washington yesterday for a discussion of "Remedies to Judicial Tyranny" decided that Kennedy, a Ronald Reagan appointee, should be impeached, or worse.
...
Phyllis Schlafly, doyenne of American conservatism, said Kennedy's opinion forbidding capital punishment for juveniles "is a good ground of impeachment." To cheers and applause from those gathered at a downtown Marriott for a conference on "Confronting the Judicial War on Faith," Schlafly said that Kennedy had not met the "good behavior" requirement for office and that "Congress ought to talk about impeachment."

Next, Michael P. Farris, chairman of the Home School Legal Defense Association, said Kennedy "should be the poster boy for impeachment" for citing international norms in his opinions. "If our congressmen and senators do not have the courage to impeach and remove from office Justice Kennedy, they ought to be impeached as well."

Not to be outdone, lawyer-author Edwin Vieira told the gathering that Kennedy should be impeached because his philosophy, evidenced in his opinion striking down an anti-sodomy statute, "upholds Marxist, Leninist, satanic principles drawn from foreign law."
The reference to "foreign law" is ironic in more ways than one, as any lawyer could tell you. Louisiana takes its primary law from the French Napoleonic Code. The rest of the country adopted British common law, and much of the rest of its legal structure from Britain as well, who in turn based it on the Roman legal system from the days of that Empire. I have to leave the rest to the original article. Except for this, which is quite telling:
The conference was organized during the height of the Schiavo controversy by a new group, the Judeo-Christian Council for Constitutional Restoration. This was no collection of fringe characters. The two-day program listed two House members; aides to two senators; representatives from the Family Research Council and Concerned Women for America; conservative activists Alan Keyes and Morton C. Blackwell; the lawyer for Terri Schiavo's parents; Alabama's "Ten Commandments" judge, Roy Moore; and DeLay, who canceled to attend the pope's funeral.
This is the part that brought me up short, however:
Farris then told the crowd he is "sick and tired of having to lobby people I helped get elected." A better-educated citizenry, he said, would know that "Medicare is a bad idea" and that "Social Security is a horrible idea when run by the government."
Transfer those issues to "liberal" positions, and put that comment under the name of a "liberal" blogger or regular commenter, and how is it different?

Imagine: buried in all this, a lesson in powerlessness. God moves in mysterious ways, indeed.

Friday, April 08, 2005

A Representative Government?

"DeLay Says Federal Judiciary Has 'Run Amok,' Adding Congress Is Partly to Blame"

What's really interesting to me is that this debate comes up, not in the context of civil rights or the integration of schools, or even of abortion. It comes in the wake of, and will certainly be understood in the context of, the protracted struggle to take one woman in a persistent vegetative state off of all life support mechanisms, because those mechanisms were perceived to be futile, or merely prolonging suffering, or the wish of the patient.

Which means that, while this struggle may have tremendous resonance for Mr. DeLay and others in Congress, it has no resonance for the American public, at all. Who, after all, are not affected by the courts' decisions in this matter, and feel rather directly threatened by Congress' willingness to improperly intervene.

Representative Tom DeLay, the House majority leader, escalated his talk of a battle between the legislative and judicial branches of government on Thursday, saying federal courts had "run amok," in large part because of the failure of Congress to confront them.
...
"The failure is to a great degree Congress's," Mr. DeLay said. "The response of the legislative branch has mostly been to complain. There is another way, ladies and gentlemen, and that is to reassert our constitutional authority over the courts."
...
The organizers of the conference and Congressional staff members who spoke there called for several specific steps: impeaching judges deemed to have ignored the will of Congress or to have followed foreign laws; passing bills to remove court jurisdiction from certain social issues or the place of God in public life; changing Senate rules that allow the Democratic minority to filibuster Mr. Bush's appeals court nominees; and using Congress's authority over court budgets to punish judges whom it considers to have overstepped their authority.
And just when you're thinking: "It's still not weird enough for me."

In an interview, Jeff Lungren, a spokesman for Representative F. James Sensenbrenner Jr., Republican of Wisconsin and chairman of the House Judiciary Committee, said the panel was likely in some way to take up the issue of how the federal judges handled Ms. Schiavo's case.

But Mr. Lungren said Mr. DeLay had not requested a hearing and the committee had not decided on a course of action. "There does seem to be this misunderstanding out there that our system was created with a completely independent judiciary," he said.
As someone has said of the Texas Legislature: if there weren't fools in it, it wouldn't be a representative government.

And thanks to lumpenproletariat at Eschaton for putting me onto this.

The Old Masters

The Joan Chittister article put me in mind of Auden this morning:

About suffering they were never wrong,
The Old Masters: how well they understood
Its human position; how it takes place
While someone else is eating or opening a window

or just walking dully along;
How, when the aged are reverently, passionately waiting
For the miraculous birth, there always must be
Children who did not specially want it to happen, skating
On a pond at the edge of the wood:
They never forgot
That even the dreadful martyrdom must run its course
Anyhow in a corner, some untidy spot
Where the dogs go on with their doggy life and the torturer's horse
Scratches its innocent behind on a tree.
In Breughel's Icarus, for instance: how everything turns away
Quite leisurely from the disaster; the plowman may
Have heard the splash, the forsaken cry,
But for him it was not an important failure; the sun shone
As it had to on the white legs disappearing into the green
Water; and the expensive delicate ship that must have seen
Something amazing, a boy falling out of the sky,
Had somewhere to get to and sailed calmly on.

-- W. H. Auden

We are always inclined to worry when what matters most to us seems not to matter much to the world. And sometimes that is, indeed, the failing of the world. But all we can do is respond to it; and how we respond, is the question.

Perspectives change radically with position. Having been in the position of responsibility (usually with far less authority than is supposed), I've seen some things from at least two sides now, if not three or four. Institutions seem to run on their own initiative and energy; when, in fact, they run on the willingness of their constituents to follow the leadership. This is true of tyrannies no less than for pure democracies. Identity tends to lie at the root of the problem for institutions: who are we if we don't remain who we were? I'll go further, following up a speculation I mentioned in the comments below: identity often becomes a simpler issue still: "Who are if we are not sure to be different from them?"

Protestantism has a 500 year history of feeling like it is the tail on the dog of the Roman church, and accordingly has largely shaped its identity as being "not-Catholic." The younger the denomination, the more pronounced this tendency is. It is absurd to think the Roman Catholic church is not affected by the same concerns. Vatican II was widely regarded, at least in the non-RC world I live in, as being a step toward a more "Protestant" RC church. The steps away from that direction, are likewise regarded as a rejection of that position.

Much as the "liberal" '60's in America, became the conservative '80's of Ronald Reagan.

Sr. Chittister seems concerned that Rome is not responding to this event, that Romans are merely letting it happen around them, as if the matter should deeply affect them, too. That much of her observation puts me in mind of Auden, and Auden serves as a reminder of the place of humility. Sometimes the world is changed by what we do; but seldom does it change just when we want it to, or even pay attention to what is important to us.But here is the critical issue Sr. Chittister raises, and in this she is clearly right: "To have a transition going on in the church that does not also touch the world around it, is to have only public spectacle, not social transformation."

Transitions, especially in church, are points in which all parties (and the politics of such matters is enormous, be it a small congregation or an international institution; the knives are just as long and sharp in one as in the other, and for the person in the center, it doesn't matter how many there are) see their opportunity to seize power and redirect the ship of the institution. This, of course, is the power they imagine the leader to have: that he (it is almost always "he," isn't it, sadly enough) will be captain of the ship, and direct its voyage to new and profitable (spiritually; ideologically, what have you) ports of call. But the leader quickly comes to realize the truth of the old James Taylor song: "There's a man up here who claims/To have his hands upon the reins/But there are chains upon those hands/He is just riding on a train."

So how much could really be done in this transition; how much could another John XXIII do, even with the backing of another Vatican II? And how important is it that the church universal, do anything? How far does the church go to accomodate the world, and how far does the church go to remain true to its calling?

Which, in other words, do we seek to alter? And why? These are not idle questions, or pointlessly futile ones, directed only at the self-pleasure of the thinker with no real chance of bearing fruit. They are the sum and substance of theology: of ecclesiology, and soteriology, and even Christology and pneumatology. The world is paying attention: but paying attention to what? And why? And in this transition, for which the death of the Pope is merely a metaphor, finally, what does the Christian church do? And on what basis does it do it?

And a little news from France....

They do things differently there.
France may be a predominantly Roman Catholic country, but it is also officially secular, with separation of church and state one of its most sacred tenets.

So while the death of Pope John Paul II has brought widespread mourning, there has also been pressure on the French Republic not to honor him officially.

For the moment, the political instinct to please voters has won out: the government is marking the pope's passing in a variety of ways across France, and President Jacques Chirac and his wife, Bernadette, will attend the funeral Mass at the Vatican on Friday.

But defenders of the country's republican tradition as well as some foes of the center-right government have charged that by doing so, the French state is violating a 100-year-old law dictating church-state separation. They contend that any gesture that gives the appearance of favoring one religion over another is forbidden.

They have even given the alleged sin a name: "papolatrie" or pope-worship.

"The law is very clear: the state cannot interfere in religious life," Yves Contassot, an adviser to the mayor of Paris and a leader of the left-leaning Green Party, said in a telephone interview. "The government is giving the impression that it is an advocate for one religion, and that religion is Catholicism. And that's an abuse of power."
I have no opinion on this, one way or the other. It's simply interesting to see how other countries handle such issues. I know enough about French society and their governmental system (I read a book; no, seriously, I read one book; well, I've almost finished it) to know that it's a fairly hierarchical system (not unlike the old European empires or, ironically, the Catholic church), and what happens above doesn't just trickle down to the lower levels, but comes down almost as a directive, even when it isn't. No interlocking systems, in other words, of city government, county, state, federal, with school districts and other quasi-governmental or governmental agencies, etc., all over the place. Quite a bit more unitary than ours. So it's no surprise that the article goes on to discuss government offices shutting down, and government officials essentially ordered to go to church.

One question, though: flags all over the place have been at half-mast, presumably (as in France), for the death of JPII. The question is this: how do all those people flying flags know to lower them? Is there some secret communication system for this kind of thing? Because it amazes me how uniformly and rapidly they all go to half-mast, and stay there for days on end.

Anyway, the "money quote" is buried at the end:
The conflict, though, distracts attention from the real religious crisis, both in France and in Europe as a whole: the withering of the Catholic faith.

Only about 12 percent of French Catholics attend Mass every week. Meanwhile, weekly attendance of French Muslims at Friday Prayer is soaring.

And now, a little news from the real world....

President Bush's standing with the public is slumping just three months into his final term, but Americans have an even lower regard for the job being done by Congress.

Bush's job approval is at 44 percent, with 54 percent disapproving. Only 37 percent have a favorable opinion of the work being done by the Republican-controlled Congress, according to an AP-Ipsos poll.

Bush's job approval was at 49 percent in January, while Congress was at 41 percent.

``This is a pretty sour spring,'' said Karlyn Bowman, a public opinion analyst at the conservative-leaning American Enterprise Institute. ``People are not very impressed by what Bush is doing or by what Congress is doing - Democrats or Republicans.''
link

Needless to say, blaming Democrats for what the GOP has rammed through Congress, or threatened to ram through Congress, is a faint attempt by a "conservative-leaning" analyst to say: "Well, he was there, too!"

It'll fly; but not very far.

Yes, it is...

It is time to engage again with the world as it is, not as a church in contention with it but as a church with the faith to believe that the things we fear now about science and government and globalism, about lay participation and collegiality and women, can become the stuff of a new kind of Christian sanctity at a new moment in history.
Joan Chittister, OSB.

I'm not sure what this would look like. But it's worth the try.

Thursday, April 07, 2005

"I did not think death had undone so many."

The list of theologians (and others) disciplined by the Vatican under John Paul II, as compiled by the National Catholic Reporter.

Some of these names actually mean something to me, and none of them did I ever consider "radical" in their theologies (well, with the exception of Matthew Fox, whom I just considered strange in a Chardin-sort of way): Schillebeeckx; Küng; Boff; Gutiérrez; Rahner. Actually worshipped in a Catholic church that still observed the Latin Mass, though whether it was one of Lefebvre's or had a special dispensation, I never found out.

Too many names that I know from seminary. As I say, I thought some of them quite conservative in their theology. Guess I was wrong.

I have no thoughts on this pope, but it's a complex picture; a complex one indeed. He obviously was quite an inspirational figure; and just as obviously, quite an authoritarian figure, and one did not spring from the other; or, for that matter, seem to affect the other. There is more than one lesson there, to be sure.

Ah, but what is so simple that we can't make a conundrum of it?

Crowing about the sunrise....

As long as we're worrying about the fate of the planet, let's pause to reflect on the sea change clearly going on in our government. After all, what are blogs for if not to present as many issues as possible?

This one is owed once again to Holden at First Draft, where, as he says, he had to read all the way to the front page of the Washington Post. You can read most of the article at First Draft, if you aren't registered with the paper. I just want to point out a few good bits:
Rep. Walter B. Jones Jr. is a conservative Republican from North Carolina who voted to authorize the use of force in Iraq. So it jarred all the more yesterday when Jones turned his fury on Richard N. Perle, the Pentagon adviser who provided the Bush administration with brainpower for the Iraq war.
....
Jones, nearly in tears as he held up Perle's testimony [from 2002], glared at the witness. "I went to a Marine's funeral who left a wife and three children, twins he never saw, and I'll tell you, I apologize, Mr. Chairman, but I am just incensed with this statement.
"First question: how many funerals of any U.S. service personnel has President Bush attended? Inquiring minds want to know. Then Wesley Clark, mindful of recent news, states the obvious:
Clark, an unsuccessful 2004 Democratic presidential candidate, could not resist piling on Perle. Intelligence estimates "are never accurate, they are never going to be accurate, and I think policymakers bear responsibility for what use they make of intelligence," the retired general lectured.
.... even Republicans on the committee made little effort yesterday to defend Perle or to undermine Clark. The exception was Chairman Duncan Hunter (R-Calif.), who pressed Clark to acknowledge that the Iraq invasion should get some credit for signs of democracy in the region.

"We've got to do a lot less crowing about the sunrise," Clark rejoined....

In another try, Hunter said Clark was "overstating" the risk in challenging other countries in the Middle East. Clark smiled and showed his trump card -- reminding Hunter of their exchange at the 2002 hearing. "I kept saying time was on our side," Clark said. "I could never quite satisfy you."

As for who proved correct, the general said, "I'll let the record speak for itself."
The record is speaking, now. The tide is turning. The New American Century is already running out of time.

Praise God and pass the rhetoric. This is no time to rest.

Wendell Berry is Right

My daughter is wiser than me, and more fortunate. Her study of world history, in only the 6th grade, introduced her to the ancient societies of India and China. She taught me things about those cultures I didn't know.

And just this morning, on Pacifica Radio, (an archive program run locally, so I missed the name of the speaker), a woman from India pointed out that human societies don't all produce missile bombers or use gunpowder for weaponry (China invented it, Europe used it for warfare); but all societies, to survive, must be able to provide food and water. She went on to point out that India has cultivated land for over 10,000 years. In the 400 years Europeans have been on this soil, we have despoiled vast tracts, buried rich farmland under concrete (I live on some of it), lost hectares of top soil, poisoned streams and rivers. It is impossible to imagine sustaining our industrial form of agriculture for the length of time India has done it, and all without the "benefits" of our "science."

Water tables in some portions of India, she reported, have dropped by over 1000 feet. People who for millenia drew water from wells, now have no access to that water at all. Overpopulation, you might think? No; industrialization. Commodification. Severe alteration of the environment so that it no longer stores water, but sheds it. Forests that were once sources of life, became sources of profit.

And now China and India want to join the U.S. in the industrial revolution. Commodification of water is a major problem in much of the world, where drought and flood are becoming endemic, rather than virtually unknown. People do not live for millenia in places subject to devasting flood and destructive drought. Those things occur now more because of the Industrial Revolution and the "Enlightenment" than in spite of it.

Commodification will be the end of us all, long before politics or geopolitical relations undo us.

Many posters on blogs such as this, or Eschaton, or First Draft, worry about the state of the world because of American politics. I worry about the state of humanity, because of industrialization. Not just from a spiritual point of view (I believe we are all spiritual creatures, even those of us who don't believe in spirit!), but from a very materialist point of view. But the spiritual affects the material, and the material the spiritual.

And this is only the barest beginning of this discussion.

"Let the sighing of the prisoner come before thee"

Psalm 79

A Psalm of Asaph.

1. O God, the heathen are come into thine inheritance; thy holy temple have they defiled; they have laid Jeru-salem on heaps.

2. The dead bodies of thy servants have they given to be meat unto the fowls of the heaven, the flesh of thy saints unto the beasts of the earth.

3. Their blood have they shed like water round about Jerusalem; and there was none to bury them.

4. We are become a reproach to our neighbours, a scorn and derision to them that are round about us.

5. How long, LORD? wilt thou be angry for ever? shall thy jealousy burn like fire?

6. Pour out thy wrath upon the heathen that have not known thee, and upon the kingdoms that have not called upon thy name.

7. For they have devoured Jacob, and laid waste his dwelling place.

8. O remember not against us former iniquities: let thy tender mercies speedily prevent us: for we are brought very low.

9. Help us, O God of our salvation, for the glory of thy name: and deliver us, and purge away our sins, for thy name's sake.

10. Wherefore should the heathen say, Where is their God? let him be known among the heathen in our sight by the revenging of the blood of thy servants which is shed.

11. Let the sighing of the prisoner come before thee; according to the greatness of thy power preserve thou those that are appointed to die;

12. And render unto our neighbours sevenfold into their bosom their reproach, wherewith they have reproached thee, 0 Lord.

13. So we thy people and sheep of thy pasture will give thee thanks for ever; we will shew forth thy praise to all generations.


I set about looking for a psalm for this post, wandering about the house seeking out daily lectionaries for guidance. Finally I gave up and pulled out my copy of the Psalms edited by Kathleen Norris, and opened it to this one.

Go figure.

Listening to a report this morning about the belligerence of the American Neo-Cons, I realized that the anti-nuke protestors of the "Cold War" era, were right. A primary anti-nuclear weapons argument was that humankind had never developed a weapon it didn't eventually use; and of course, the use of nuclear weapons would be devastating to the world. We can leave that argument to Helen Caldicott.

It was while listening to the report on the neo-cons, and the Bush Administration, that I realized that analysis of human motivation and weaponry, was right. And we were living in it.

The litany against the neo-cons was not entirely new: the fanatical desire, even when Clinton was President, to "finish the job" and remove Sadam Hussein from power in Iraq; the clear effort to impose American hegemony on the world, a plan promoted by Colin "They Tricked Me!" Powell, when he was Secretary of State. Plans even to rival the power of Russia, China, and Europe (I have a memory of Powell stating clearly that no one in the world be allowed to challenge U.S. military power. If that isn't an assertion of right to hegemony, what is?) were developed privately and touted publicly.

And now we see the results in Iraq and Afghanistan. And if it wasn't for the collapse of "Social Security Reform" and Terri Schiavo and "activist judges" and the crash of Bush's support from even his base; if it wasn't, in other words, for the inconvenience of reality, we might still be hearing about a possible invasion of Iran. All in the name of the "New American Century," or, as they prefer it at PNAC: "[the] fundamental propositions: that American leadership is good both for America and for the world; that such leadership requires military strength, diplomatic energy and commitment to moral principle; and that too few political leaders today are making the case for global leadership." What good is power, after all, if you won't wield it?

Which should lead us to a consideration of the power of powerlessness. But that, of course, is not the way of the world.

What is the matter with Kansas?

If there were no eternal consciousness in a man, if at the foundation of all there lay only a wildly seething power which writhing with obscure passions produced everything that is great and everything that is insignificant, if a bottomless void never satiated lay hidden beneath all-what then would life be but despair? If such were the case, if there were no sacred bond which united mankind, if one generation arose after another like the leafage in the forest, if the one generation replaced the other like the song of birds in the forest, if the human race passed through the world as the ship goes through the sea, like the wind through the desert, a thoughtless and fruitless activity, if an eternal oblivion were always lurking hungrily for its prey and there was no power strong enough to wrest it from its maw-how empty then and comfortless life would be! Johannes de Silentio (Søren Kierkegaard), Fear and Trembling, tr. WalterLowrie, Princeton University Press, 1954)

I found the following letter via Holden, at First Draft (an excellent source for information and writing, by the way; and yes, "Lawrence" is Lawrence, Kansas):
To the editor:

My wife and I, both veterans of the U.S. military, found out the truth about Republican support for veterans at Ann Coulter's lecture last Tuesday. After I, a former Marine infantry sergeant, asked Coulter how she defended her promotion of the war, based on lies, which has sent 1,500 of my brothers and sisters to their deaths and 100,000 Iraqis to their graves, she responded that, "you're even stupider than I thought." This received an abundance of applause from the party that claims to "support our troops."

At the same moment, several Republicans hurled obscenities at my wife, a Navy veteran, and one threatened her with physical violence, stating he would kick her in the head if she didn't "shut up," when she was asking Coulter a question. The Republican Party claims to "support the troops," but who qualifies as a "troop"? Is the "troop" label only legit when we agree with the Republican stance, even if that "troop" has served in uniform bravely and selflessly for four years?

This is the manner in which the Republican Party treats its veterans that disagree with them. They threaten them with violence and call them names like "stupid," "f-ing bitch," or "idiot," all of which were hurled at my wife and I at Coulter's talk, despite our service to this nation. Ask yourselves this question, Lawrence: Why do you think they need to attack free-thinking veterans?

Chris White,

Lawrence
I keep thinking I don't need to mention the issue of boundaries, and how it affects our lives; mention it except in the largest, most metaphysical sense, like defining the boundaries of mortal life (the twin mysteries of birth and death) or the boundaries of our understanding (how does temporal humanity understand eternal God?). But I've been thinking about it so long I don't notice it in smaller contexts; things like this make me reappraise that knowledge.

This is an identity issue, and all identity issues are boundary issues. When Derrida speaks of the mysterium tremendum that shakes you to the core of your existence, I think of that in the context of a church, a congregation: a group of strangers called together for comfort and community by that which commands them and disturbs them and comforts them most. But that terror strikes, not from God, but from our own psyches, our own makeup. Called to be in community, we create communities without God and without understanding, and the mysterium that makes us tremble them is not tremendum, but is no less terrifying: what if everybody here is not like me? What then?

In small communities, this can be a problem; or it can be overridden. I don't mean to be exhaustive on the subject, but Romanticism was in part a response to the Industrial Revolution, which was a social revolution as well: uprooting communities, changing forever the notion of human labor (agriculture follows the seasons, working when the crops need planting, are growing, need harvesting, and then lying fallow even as animals and plants must rest and lie fallow. The machine never rests, and demands a caretaker more attentive than any commanded by animal husbandry). The other end of that revolution is people living no longer in any sense of community except the connections they have intellectually: agreement on politics, and religion, and commonality of purpose in labor. This is especially true in America, where the ligaments and tendons that join the body politic are always more ideal than real, more honored in the breach than binding on the body social. Eliot was right: we now live dispersed on ribbon roads, and no man knows his neighbor.

And we can't stand that, so we manufacture conformity and community, and insist that everyone agree and believe because just one non-believer might mean the house of cards would fall down. It sounds terribly harsh put that way, but how else explain the reactions described in this letter. This crowd is afraid down to its very soul that difference will dissolve agreement, and questions will undo compliance, and before long the fiction of society will collapse and the horror they are sure awaits them in strange places, places that are not Lawrence, Kansas, that are not "home," will overwhelm them: and all will be lost.

This is the America Bush has manufactured, in large part. Tapping into our latent fear of the other, a fear closer to the surface in a country where everyone is "other," where we are united only by an idea, and one we must hew to closely and loudly if we aren't to question our unity at all, to question who we are. Because that is the issue.

Perhaps, if I were philosophically inclined, I would blame this state of affairs on the collapse of Romanticism, that last bulwark of meaning meant to shore up psyches battered by the Industrial Revolution and what it wrought. But it seems to me that Johannes de Silentio was prescient, and what he feared has come to pass, and now Americans (or is it once again?) see themselves merely as leafage in the forest, passing through the world as a ship passes through the sea. We seem to all be fixated on the image of the bird flying through the castle from window to window, spending only the time it takes to cross the room on wing in a place we know, coming from the unknown back into the unknown. And we are the bird; and we are terrified of our ignorance. More and more, to shift metaphors one more time, we are living like the ignorant armies clashing by night on the darkling plain.

And all in the name of a man who claims to have been chosen by God to lead us. If ever there were a more complete lesson in American history on the perils of ignorance, I don't know it.

"When I use a word, it means what I want it to mean..."Humpty Dumpty to Alice

Admittedly, this one is personal.

Got into a "discussion" in the comments thread at Eschaton yesterday about the "full faith and credit of the United States" with someone who claimed it mattered not a bean what Bush said about the Social Security trust fund, since that money was owed to the government by the government, and so it could repay whenever it wanted to, on whatever terms it chose, unlike bonds held by foreign investors.

Well, of course, sauce for the goose is sauce for the gander. And making such hairline distinctions has nothing to do with reality. As witness the New York Times editorial this morning:

Imagine this: On his next trip to Japan, President Bush visits the vault at the Bank of Japan, where that country's $712 billion in United States government bonds is stored. There, as the cameras roll, he announces that the bonds, backed by the full faith and credit of the United States, are, in fact, worthless i.o.u.'s. He does the same thing when he visits China and so on around the world, until he has personally repudiated the entire $2 trillion of United States debt held by foreigners.

Mr. Bush rehearsed just that act on Tuesday, when he visited the office of the federal Bureau of Public Debt in Parkersburg, W.Va. He posed next to a file cabinet that holds the $1.7 trillion in Treasury securities that make up the Social Security trust fund. He tossed off a comment to the effect that the bonds were not "real assets." Later, in a speech at a nearby university, he said: "There is no trust fund. Just i.o.u.'s that I saw firsthand."
...

Fortunately, the governments, institutions and individuals who hold United States debt can tell a publicity stunt from a policy statement. Still, casting aspersions on a basic obligation of the United States government is insulting and irresponsible.
That sums it up pretty nicely, I think.

Wednesday, April 06, 2005

"Stand Your Ground"

Well, now in Texas we can say: "Thank God for Florida!"

A law letting people in Florida kill in self-defence on the street without first trying to flee an attacker has been passed by Florida politicians.
Florida law already allows people to shoot a potential attacker in their home, place of work or car.

But until now, courts insisted that anyone confronted in a public place should first try to run away.
Texas has a concealed handgun which does not automatically ban such weapons in churches (the church has to put up a sign to that effect, to keep them out). Now one might conclude that any congregation member who felt threatened by a sermon would have a defense in court to charges of manslaughter.

Not really, of course; but in practice just how many whites will be prosecuted or convicted for shooting someone, if they say they were fending off an attack, especially if they shoot a black or an Hispanic? And how many blacks and Hispanics will be afforded that defense, or have a jury which considers it exculpatory?

And, of course, there's the "Student's Bill of Rights" in Florida. I heard the sponsor of that bill on Democracy Now! this morning. Apparently he was treated rudely by an anthropology professor in college, so now he's going to legislate that all professors be polite to their most willfully ignorant students.

All I can say is: it takes a lot to make the Texas Legislature look calm and rational. Thank you, Florida, for showing the way.

"I can connect/Nothing with nothing...."

The picture of the Knight of Faith Johannes de Silentio presents in Fear and Trembling is often related to the experience of Christian mystics who find that total immersion in the Godhead leads not to an otherworldly contemplation of perfection (a la Plato's telos of the soul: to venerate the Good and remain in its presence forever, because any movement away from the good is a movement away from perfection and so toward imperfection; an incomprehensible movement to Plato's Hellenistic mind), but to deeper relationship with the world, like Thomas Merton's famous experience on the street corner in Louisville, Kentucky (one of my favorite cities; someone someday may declare that corner "holy ground.") This experience not only undermines the Platonism inherent in Christian doctrine, but undergirds left rev.'s point here:


My take on Bonhoeffer's speculation in the context of SKs Knight of Faith is that although one lives in such a way as to seem divorced from the ultimate, in the sense that one does not focus on it, nevertheless, the ultimate will only be known in and through the act of living in the penultimate, a task the KoF addresses with joy and contentment.
But we are still stuck with the concepts of ultimate and penultimate, and I want to see if we can unstick ourselves from those.

The sense of that boundary, of course, goes back at least to Augustine. He didn't originate it, but he gave it its strongest argument, basing it as he did on his perception of the flesh as the obstacle to the soul's contemplation of God (the "ultimate," for Bonhoeffer; the telos of the soul for Plato). This is, in turn, no accident, as Augustine is in some ways the most "Platonic" of the Church Fathers, and Plato all but argues for complete asceticism in the Phaedo (a point often lost in drawing lessons from this dialogue is that without the body and the world, the soul can never recover the knowledge it needs to escape the wheel of reincarnation and ascend to the realm of the Good.) Perhaps that position was forced on him by his need to refute Manichee. No matter, because the question is: is the sense of boundary really so critical to our sense of God? Because focus on boundaries is what leads to exclusion, and exclusion is not the experience of the Christian mystics (whereas Plato's hypothesis of the contemplation of the good is not the experience of anyone since, like death itself, that is a bourne from which no traveller returns.). The mystical experience is that focus on God eradicates boundaries, much as it did for Merton on that street corner. So, while taking up Plato's Hellenism within Christian theology, we have reason to lay it down again almost immediately.

The Knight of Faith does seem to live in the penultimate, in anticipation of the ultimate, but the problem is the Knight of Faith does something quite impossible for the rest of us: he relinquishes despair by grasping completely the thorn of despair. He yields completely the notion of grasping the ultimate, and thereby, paradoxically, grasps it. Except he doesn't, of course. That's the purpose of de Silentio's meditation of the akedeh of Abraham. The individual grasps eternity; but eternity is the one thing we cannot grasp at all.

Abraham sacrifices Isaac fully, says de Silentio. He lets go of Isaac before the knife comes down. If not for the angel stopping his hand, Isaac's life would be taken from him. Isaac is bound following the ritual for binding a sacrificial animal, the akedeh. Isaac's life is already offered to God before Abraham can raise the knife. All that is left is to complete the deed, and only in that is he stopped. God, as was said to Jeremiah, tests the heart to find out what is in it. In Abraham's heart, Isaac is gone. How does he ever get his son back?

That's the question of the teleological suspension of the ethical, the context in which the entire discussion of Fear and Trembling takes place. And that very issue, the issue of the effect of the ultimate (in Tillich's sense of ultimate concern, or source of being) being known in human existence, is the mysterium tremendum that shakes an individual to her very core, and which never stops shaking it. Do we ever, in other words, reach a stage of harmony with such a condition? Or are we left in the state of fear, and trembling?

The philosophical character, de Silentio, is pursuing that question from the outside, looking in. He describes the ideal person who would represent the telos he is seeking. But that person is not a mystic, not a contemplative, not apparently more religious than anyone else, at all. That person is not even Abraham, because even Abraham was uprooted from his world by the call of God, and flung headlong into the unknown; flung into the unknown, in fact, over and over again. Even the connection between Abraham and the Knight of Faith is an ironic one. It is philosophy undermining reality, trying to reduce it to a system that can be contained and comprehended within a narrow sphere. One can never read Kierkegaard without being aware of his antipathy for the systematizing of Hegel, and his awareness of the corrosive irony of Socrates (an acid which ultimately destroys all and leaves not even itself behind).

This doesn't quite get us to left rev.'s point (you will have noticed), that we only know the ultimate through living in the penultimate. But we're at least slouching toward that goal. In the meantime, we have another question from the left rev. to answer: "If we had no eschatology, would we have need of a soteriology?" So, unless we are distracted again, that's where we will go next.

We were talking/about the space between us all...

[n.b.--in the time since this was originally posted, obvious errors have been corrected (where they were spotted), and one italicized emendation made to move the emphasis away from the comments toward Bonhoeffer's ideas, which was the original intent. Further discussion of Bonhoeffer vis a vis S.K. is envisioned and encouraged.]

In comments below, left rev left this post card:
We want to know salvation; and we want to see it in this life.

In “The Penultimate” and “Preparing the Way,” Bonhoeffer is exploring the relationship between the ultimate, i.e. the Kingdom of God, and the penultimate, or the condition humanity finds itself in prior to being a part of the Kingdom of God. Within this question of eschatology is the concern of the responsibility of the Christian individual in the context of the penultimate, and the impact the ultimate may have on this responsibility.

Essentially, the ultimate is irrelevant in day to day dealings. The reality of the Church is the reality of its context in the world, which serves to justify the context of the world.

Of course, Bonhoeffer rejects both of these solutions as inadequate, although containing truth. The ultimate and the penultimate are not mutually exclusive but are in fact in existence together. The penultimate continues until such time as there is no context of a worldly reality. Yet into this reality there is an inbreaking of the Kingdom as living faith impacting the world around it.

The penultimate is actually defined by the ultimate. It is only through the knowledge and experience of the kingdom of God that Christians are aware of the time they are in as the penultimate. One must acknowledge the reality in which one dwells is not the ultimate; nevertheless, as we do not dwell in the ultimate yet, we must dwell in the penultimate to reach the ultimate. Justification by grace occurs within the context of penultimate. The penultimate prepares the way of the ultimate. I would refer to this as “almost realized eschatology.”

The Christian life straddles the reality of God and the reality of the world and participates in both. As the ultimate is known only by seeing it through the penultimate, the reality of God can only be known in the context of the world. However, a Christian’s actions in the penultimate should reflect the ultimate, and so prepare for the transformation of the reality of the world to become the reality of God. We know the kingdom through the context of God, but we know God, through the grace of God, in the context of the world.

In the emphasis of the penultimate as preparation for the ultimate, Bonhoeffer reflects the influence of Augustine’s teleological ethics that a Christian’s pursuit of a goal is carried out in the context of being in relationship with God. In a sense, the inner and outer conditions for receiving God's grace about which Bonhoeffer is concerned are reflective of the “true peace,” Augustine claims as the goal of Christian life. Specifically, the peace achieved in the penultimate is dependent upon seeing it within the context of the ultimate.

According to Bonhoeffer, a Christian acts in such a way as to prepare for the ultimate “for the love of Christ.” (266) This motivation implies an acceptance of the responsibility to respond to the commandment of loving your neighbor.

Certainly, there is an implication in Bonhoeffer that the common good and the eternal destiny are in someway connected in ultimate’s relationship to the penultimate and our relationships within the penultimate.

My take on Bonhoeffer's speculation in the context of SKs Knight of Faith is that although one lives in such a way as to seem divorced from the ultimate, in the sense that one does not focus on it, nevertheless, the ultimate will only be known in and through the act of living in the penultimate, a task the KoF addresses with joy and contentment.

In the picture of the KoF prsented in your post, there seems to be an abundance of material and physical complacency, but this does not correspond to a spiritual complacency. Indeed, his every act seems to stress an awareness and happiness with what goes on around him. Perhaps for SK, the KoF is risible in his lack of awareness of the ultimate, and Bonhoffer would probably agree that he does display this trait. Nevertheless, the embracing of the penultimate is imperative to attaining the ultimate. The KoF is as likely to do so as is the secluded ascthetic, for one can focus on God in one's heart, or in the faces of others, and both arrive in the Holy presence.
left rev., Jolly Menace
First: there is a direct line from Augustine through Luther (who was an Augustinian monk, until he decided on grace through faith) to Kierkegaard and Bonhoeffer (both Lutheran pastors).

Second: there's something interestingly Hellenistic (nay, almost Zeno-like) about the concern with the penultimate that must be prior to the ultimate. This intrigues me, but I can do no more than point it out, here, and dash on. Like Josh Marshall, I'll get back to that. (Yeah, right!)

Have to tread carefully here, as left rev. has shifted us from soteriology to eschatology, and Bonhoeffer works from the assumption that the kingdom of God is adventus, but not yet present. My eschatological kerygma, on the other hand (well, as opposed to Bonhoeffer's, which probably derives from Barth's) is that the basiliea tou theou is present now, and needs only to be realized. I'm not sure where S.K. would stand on that, though I suspect he'd be more sympathetic to Bonhoeffer than to me. But I'm going to try to hold on to left rev.'s point (and if I don't, may I be corrected), and yet move us back to soteriology (salvation; apologies for lapsing into jargon).

Let's start at the beginning: is the ultimate irrelevant in the context of day to day living? Well, depends on which "ultimate" is "ultimate." I would not place it on eschatology, but on soteriology. That shifts the ultimate from the "end times" to the "here and now," which replaces the concern with apocalypse with concern over the mysterium tremendums. Fear and trembling takes on it's soteriological orientation, not just its survivalistic one.

Okay, we've gotten that far. Let's see what else we can do.

"According to Bonhoeffer, a Christian acts in such a way as to prepare for the ultimate “for the love of Christ.” (266) This motivation implies an acceptance of the responsibility to respond to the commandment of loving your neighbor." But is "the love of Christ" separable from "loving your neighhor"? I don't ask that lightly, because this takes us back to the very Hellenestic (Zeno-like) distinction between "penultimate" and "ultimate." Is love of neighbor separable from love of God? Can I express one, without expressing the other? If so, what would that look like? I'm sure some distinction could be drawn, but is that distinction ultimately meaningful? Let me give an example: I had a neighbor once who was the epitome of Christian charity and love of neighbor, the absolute poster child for the concept; except (here's where the needle scratches across the record) he was an avowed atheist. The difference between him and a "knight of faith" was only in his profession of faith. But is that enough? If it is, then I can judge people based on their profession of faith. And yet even God tells Jeremiah: "I, God, test the heart" to learn what is in it, and Jesus says it is what comes out of a man that matters. If Luther couldn't know what was in his heart (that crisis of doubt led to his doctrine of justification by faith), how can I know what is in my neighbor's heart? Maybe he doesn't know himself! Maybe God is working through him, despite his lack of belief. Who am I to judge, except by what he does?

At this point this starts to sound like a meticulous take-down of "left rev.," and that's not the point at all. It has more to do with what I take to be Kierkegaard's point: why do we focus on the "ultimate" at all? In the case of the Knight of Faith, when we know it, what do we know? That the boundary is not so far from us after all? Why do we press to know what is at the boundaries? What do we hope to find there?

Which actually helps us pursue the discussion about soteriology.

Tuesday, April 05, 2005

Understanding Seeking Faith

We want to know salvation; and we want to see it in this life. We want a picture of it, an image, something we can attain, or strive for. Saints have commonly been used for such pictures. The lives of the blessed, some mutilated, some whole, still serve as icons for much of the Christian world, both Roman Catholic and Orthodox. But Protestantism eschewed such images; and still, people want some model for their lives. Enter Soren Kierkegaard's "Knight of Faith."

Kierkegaard was a seminary student; he died before he could take a church in the Danish Lutheran Church. As a student in the Lutheran church, he was also a student of the teachings of Augustine (Luther himself was an Augustinian monk). It was Augustine who taught the Western world to consider the lessons one life might hold; it was Luther who taught the Western world that the lessons learned by one person in a crisis of faith (much like Augustine), might change the great institutions, even the direction, of the world. Surely those would be models for the kind of salvation we would expect to be at work, to come from the Creator of the world.

Salvation, however, has never been as central to Christianity as many church goers and non-theologians have thought. Salvation tends to turn the mind toward the life to come, rather than the life to be lead here. has been a vexing issue for Christians for millenia. But it has seldom been the "only" issue. St. Augustine is usually the one blamed or credited (depending) with the teaching that we must turn from the world in order to turn toward God, and on this hangs our salvation. But Augustine's Confessions is not really concerned with the afterlife, so much as with how one lives this life. Luther centuries later (and, not coincidentally, an Augustinian monk) would have the same concerns. Never one to turn down a good beer or a good time, Luther reportedly reformed not just the church, but the church hymns, declaring "Why should the Devil have all the good tunes?", and bringing songs from the beer-hall to the sanctuary, where people could actually enjoy singing to God.

But it was Soren Kierkegaard, the Danish Lutheran seminary graduate, who gave us the best picture of what salvation in this life would look like. And, like the parables of Jesus, Kierkegaard presented it as a dark joke.

Kierkegaard's "Knight of Faith" is usually misinterpreted as either representing S.K. himself, or representing what a "true saint" should look like. The error begins with ignoring the proprietary rights of the pseudonym. S.K. wrote many books on theology and philosophy of religion, and virtually invented phenomenonlogy and Christian existentialism; but he did most of it in voices not his own, and in opinions not his own, either. The reasons for the pseudonyms are a study in themselves, but S.K. was quite clear in his Journals that the pseudonymous writings were meant to bring the reader to a confrontation for herself, and not based on any supposed authority of the writer. Indeed, Kierkegaard's work is divided between the philosophical writings (pseudonymous works) and religious writings ("edifying discourses," published under S.K.'s name). So Fear and Trembling, where the Knight of Faith makes his one appearance in all S.K.'s work, is attributed to the obvious pseudonym "Johannes de Silentio" (John the Silent). It is not Kierkegaard's representation at all; and it is not, in fact, even a presentation of what S.K. looks upon with approval. The pseudonymous works are almost secular in output. If theology is "faith seeking understanding," then the pseudonymous works can be understood (admittedly in shorthand) as "understanding seeking faith." Part of what understanding wants to understand about faith, of course, is salvation. The Knight of Faith is an attempt to represent salvation in this life, to show what a "saved" person would look like. But in the context of the akedeh of Abraham, it is hardly the serene picture we could want it to be.

First, de Silentio frames the issue of salvation in terms of Abraham's sacrifice of Isaac, a sacrifice interrupted only by the angel of God. It is one of the most disturbing and horrific stories in the Bible, and is given the Hebrew name akedeh, which refers to the ritual binding of a sacrificial animal. That name keeps the focus where it belongs. But Abraham, the father of a great nation, the father of one, and only one, son, in his old age, is not the picture of salvation we might want to see. Because we consider salvation "good," and it is hard to reconcile Abraham's absolute trust in God, which he places even above the life of his own son, with anything "good." It is this kind of faith which leaves understanding in "fear and trembling" (the phrase itself comes from Paul's letter to the Philippians: "So you too, my friends, must be obedient, as always; even more, now that I am absent, than when I was with you. You must work out your own salvation in fear and trembling; for it is God who works in you, inspiring both the will and the deeds, for his own chosen purpose." (Phil. 2:12-13, REB). This is what Jacques Derrida, in his study of Kierkegaard's most famous work, would label the mysterium tremendums, what the French phenomenologist would call the secret that makes you tremble, tremble at the level of your very existence, your being. Whole essays spring forth from these words in this context: the roots of Christian existentialism are here, as well as a modern Christian mysticism, even a post-modern Christian metaphysics. All in the service of understanding seeking faith, even as understanding itself must learn to live in service to that which is both absent and present at the same time: both immanent and transcendent.

But we were speaking of the Knight of Faith. This is how Kierkegaard describes him:
The moment I set eyes on him I instantly push him from me, I myself leap backwards, I clasp my hands and say half aloud, "Good Lord, is this the man? Is it really he? Why, he looks like a tax-collectorl" However, it is the man after all. I draw closer to him, watching his least movements to see whether there might not be visible a little heterogeneous fractional telegraphic message from the infinite, a glance, a look, a gesture, a note of sadness, a smile, which betrayed the infinite in its heterogeneity with the finite. No!...he belongs entirely to the world, no Philistine more so. One can discover nothing of that aloof and superior nature whereby one recognizes the knight of the infinite. He takes delight in everything, and whenever one sees him taking part in a particular pleasure, he does it with the persistence which is the mark of the earthly man whose soul is absorbed in such things. He tends to his work. So when one looks at him one might suppose that he was a clerk who had lost his soul in an intricate system of bookkeeping, so precise is he. He takes a holiday on Sunday. He goes to church. No heavenly glance or any other token of the incommensurable betrays him; if one did not know him, it would be impossible to distinguish him from the rest of the congregation, for his healthy and vigorous hymn-singing proves at the most that he has a good chest. In the afternoon he walks to the forest. He takes delight in everything he sees, in the human swarm, in the new omnibuses,in the water of the Sound; when one meets him on the Beach Road one might suppose he was a shopkeeper taking his fling, that's just the way he disports himself, for he is not a poet, and I have sought in vain to detect in him the poetic incommensurability....He lounges at an open window and looks out on the square on which he lives; he is interested in everything that goes on, in a rat which slips under the curb, in the children's play, and this with the nonchalance of a girl of sixteen. And yet he is no genius, for in vain I have sought in him the incommensurability of genius. In the evening he smokes his pipe; to look at him one would swear that it was the grocer over the way vegetating in the twilight. He lives as carefree as a ne'er-do-well, and yet he buys up the acceptable time at the dearest price, for he does not do the least thing except by virtue of the absurd. (Søren Kierkegaard, Fear and Trembling, tr. Walter Lowrie (Princeton: Princeton University Press 1954, pp. 49-51)
It is a refined joke, this image. It is the ordinary person, the member of "Christendom" that S. Kierkegaard will rail against in one of the last published works of his life, the complacent middle class citizen perfectly at home in the world and in the church, discomfited by nothing. This is the salvation everyone seeks and, ironically, still the icon of salvation everyone refers to, over 150 years later, without really knowing what they are talking about. This is the knight of faith who is no knight and betrays no faith: and it is directly drawn from a Biblical root: the semeia, the signs, that are in John's gospel both the indication, and the misdirection, of the Anointed One. The quest for signs is a convoluted one.

"In the midst of life, we are in death"

I have no idea whether Mr. Cahill is right about the situation in the Catholic church, or not, but it doesn't seem likely that church would be immune to the forces working on the Protestant churches. In any case, his analysis is interesting on the point (as for his larger his point about the significance of John Paul II, I literally have no basis for an opinion).

The situation is dire. Anyone can walk into a Catholic church on a Sunday and see pews, once filled to bursting, now sparsely populated with gray heads. And there is no other solution for the church but to begin again, as if it were the church of the catacombs, an oddball minority sect in a world of casual cruelty and unbending empire that gathered adherents because it was so unlike the surrounding society.

Back then, the church called itself by the Greek word ekklesia, the word the Athenians used for their wide open assembly, the world's first participatory democracy. (The Apostle Peter, to whom the Vatican awards the title of first pope, was one of many leaders in the primitive church, as far from an absolute monarch as could be, a man whose most salient characteristic was his frequent and humble confession that he was wrong.) In using ekklesia to describe their church, the early Christians meant to emphasize that their society within a society acted not out of political power but only out of the power of love, love for all as equal children of God. But they went much further than the Athenians, for they permitted no restrictions on participation: no citizens and noncitizens, no Greeks and non-Greeks, no patriarchs and submissive females. For, as St. Paul put it repeatedly, "There is no longer Jew or Greek, slave or free, male and female; for all are one in Christ Jesus."
Churches, of course, are not immune to the culture they find themselves in. Churches are thriving in Africa and Latin America, even as their counterparts wither in Europe and North America. The reasons for this are complex, and not to be reduced to simple statements. However, Mr. Cahill is right: the church in Europe, in North America, must become the church of the marginalized again. Not necessarily the church of the catacombs that is oppressed by society, but the church of those society regards as dead-in-life. "Catacombs" has become a metaphor for the church-in-hiding. It should become the symbol for those who are "invisible," whose deaths, as well as lives, mean nothing to the rest of the world.

Monday, April 04, 2005

The Living Among the Dead

One of the ongoing projects is to return several years worth of sermons to electronic, and therefore less spacious, form. Starting up that project again tonight, I began with this sermon. From Easter Sunday, 7 years ago. somehow, it seemed apt.

Text: Luke 24:1-12

"[O]n the first day of the week, at early dawn," the women went to the tomb, taking the spices that they had prepared." But they found what they were not prepared for; the stone was rolled away from the tomb, and the tomb was empty. And while they wonder about this, "two men in dazzling clothes" suddenly appear beside them, and ask a logical, but illogical, question: "'Why do you look for the living among the dead?'"

It's a fair question. God says to Isaiah: "See, I am creating new heavens and a new earth! The past will no more be remembered nor will it ever come to mind." (Isaiah 65:17, REB) But the past is all we remember, and all that comes to our minds. God says "see," but we cannot see it; God says "Rejoice and be forever filled with delight at that I create," but we fall down on our faces in fear. And the angels have to ask us: "Why do you look for the living among the dead?" The angels have to ask us: What are you afraid of?

Because we live among the dead. We fear them, but we prefer their certainty. We know who the dead are; we can't be so sure of the living. The dead are unchanging; the living can surprise us. They can surprise by not being where we expect them to be. They can surprise us as God can surprise us: by creating, in their living, a new heaven and a new earth; and the former things will not be remembered or come to mind. But that kind of promise scares us. It takes away our certainty. Truth be told, the living scare us even more than the dead.

So the women fall down in the presence of the angels; and they are afraid because the open tomb means the living have been here, and not the dead. And the living are always unexpected; are always new. It is the new that is truly frightening.

But what are we afraid of? Why do we fear the new? Because the new is truly the unknown. But the new is also life; and God is the God of the living, not the dead. God is the God of life. And life is always unexpected: like an empty tomb. Like a new heaven and a new earth, and" the former things shall not be remembered or come to mind." What could be more unexpected than that?

And we are afraid of the unexpected. The women didn't expect angels; they expected a body they could perfume. Death brings rot and decay, but the dead don't care; the perfume is for the living. But this is a new thing: in a place of death, they find only the living. The riddle for samson was that, out of the eater would come something to eat. Like the honey from the carcass of the lion, a riddle is posed by the angel's question: how can the living come out of the place of the dead? What wondrous love is this? What do we make of it?

This is the foundation of our belief. This is where it all began. "If there is no resurrection of the dead," Paul says, "Christ has not been raised either. If Christ has not been raised, then our proclamation is in vain, and vain, too, your faith." For "[i]f it is only in this life that we have hope in Christ, then we are more pitiable than all men." So this is our hope, our faith. this is our gospel, our good news, our salvation. But when we experience it, when we encounter it as something real in our lives, not just a story on a page, or something we hear on Easter morning, when we go to the old familiar tomb, the place of the burial of the dead, the place of yesterday that is all the past, the past comfortably interred and safely buried, when we go there expecting calm and quiet and the familiar body we just left three days ago, and instead find the place empty and the darkness dispersed by a brightly shining light and the silence broken by the noise of people talking to us about the living: why are we afraid?

We are afraid because it is too new. Because life is the greatest gift of all and so God promises to Isaiah: "No child will ever again die in infancy, no old man fail to live out his span of life." God promises that "He who dies at a hundred just a youth, and if he does not attain a hundred he is thought accursed." What wondrous love, indeed, that this should come to pass. We are afraid, because to claim this new life, to live in this new world, we now understand we first have to die. We have to let go of the past we cling to, in order to live in the new world God offers us.

The promises of God to Isaiah came after the death of Israel. They came during the Exile, when the glory of Jerusalem was just a memory, the reality of Jerusalem a smoking ruin, a city long abandoned. The people of Israel lived in captivity for two generations; they only knew of Jerusalem from what their parents, and their grandparents, had told them. They had to die to the past, to the relics of this world, in order to live in the new one. The death was forced on them.

Just as death was forced on Jesus. He didn't climb onto the cross, stretch out his arms, and relax. He was beaten, whipped, scourged, forced there. He was nailed up and hung high in the air. He had to die, to show us he was the way. This is the only way to the new heaven and the new earth. But still the angel's question challenges us: why do you look for the living among the dead?

The disciples have to release the past, in order to see the new future that has come. Peter has to go to the tomb and look for himself; hearing is not enough. Even then, he doesn't understand. He doesn't yet believe. The women see and hear, but do not yet believe. Because this is the first moment of the new heaven and the new earth, and unless they can forget the past, everything they know is wrong. You have to struggle against yourself, you have to learn again and again that everything you know is wrong; you have to work out your salvation with fear and trembling in a wholly new place: a place of a new heaven and a new earth, in a life that is as much like death as life can be. Because everything you knew was true, is proven untrue; and yesterday all the past, and yesterday is gone.

Can it be said more simply? No. Can it be understood quickly? No. When you go to the tomb, what do you see, what do you hear? What you expected to see? What you expected to hear? No. You hear strange new people speaking in strange new tones, and they ask strange and perplexing questions: "Why do you look for the living among the dead?" But we do not look for the living here. What are you talking about? What wonder is this, that out of death's door can come new life? And immediately you begin to understand, that you no longer understand, that nothing you thought was finally true any longer has meaning in the world. You have taken your first step on the new heaven and the new earth, where life is the greatest gift of all.

You can't go on with your ordinary life, after this event. You can't go back to searching among the dead, because from now on, you are looking for the living. Yesterday is all the past. This is today. This is the day the Lord has made. God is God of the living; and the living change; the living surprise you; they don't stay put. Theydon't lay down in little tombs where you can keep them safely, and always know where they are, and always know what to expect. What are you afraid of? Losing the past? It is not lost; it is transformed; it is in God's hands. This is the new heaven and the new earth. This is the entirely new thing that God has promised. Can you not perceive it? Even now it breaks forth!

Let it be so. Amen.

Sunday, April 03, 2005

Second thinking second thoughts

I have misstated, to a serious degree, the case of Protestantism and culture. This is to be expected, in part; blog postings are first drafts, at best, but (pace, my friends) that doesn’t make them more “real.” If anything, that makes them more subject to reality, and to correction.

A part of what Protestantism came to be about was mediation between humanity and God. In the Protestant view, the primary purpose of the hierarchy of the Roman Catholic church was to mediate between holy God and sinful humanity. But, according to the Protestant critique, especially from the Reformed side of Protestantism, this was the problem with the Roman Catholic church: that the Church had replaced Christ as the mediator. The “Reformation,” accordingly, sought to correct this error, and in doing so emphasized a lack of mediation; emphasized, in fact, that no mediator was required. But access to God is always mediated; that is not God’s requirement, but human choice. God spoke directly to Abraham, according to Genesis; and directly to Moses, according to Exodus. But when God appeared on Sinai to talk to Moses, in the sight of the people of Israel, the people were terrified. The theophany on the mountaintop: the thunder and lightning that signalled the Creator’s presence in the creation, was too much for them, and they hid in their tents. When Moses came down, they told him to ask God if God would speak to Moses alone, because just standing by watching what happened on top of the mountain was too much for them. From that time forward, Israel always relied on mediators between themselves and their God.

Ironically, this can be explained in terms of modern ethical theory. Looked at from the point of view of Jean-Paul Sartre’s existential ethics, Israel chose for all humankind. In this case, however, that choice ‘stuck.’ We all, of course, in terms of Sartre’s ethics, make this choice: for ourselves, and for all humanity. Sartre meant it as a burden, but we have taken it as being relieved of a burden. Hiding in our tents, we don’t have to witness the awesome presence of God; we can rely on a mediator, an agent, a go-between. Even Protestantism doesn’t want to have God unmediated: otherwise one of the pillars of the community of believers is removed, and the institution is made even more vulnerable and fragile. On the other hand, knowledge of God is always mediated. Who among us has first hand knowledge of God? The Roman Catholic church mediated God, and shaped Western European culture. The Reformed churches of Protestantism let culture mediate God. The Protestant work ethic; the congregationally based institutions; the heavy reliance on the “priesthood of all believers.”

And now Western culture is no longer willing to provide that service.

The core problem is: faith is not a question of will. It is a matter of discipline, based upon calling. I remember, all too vaguely, an “X-Files” episode that stuck with me only because of the ending; and perhaps I imagined it, because I never saw it again. At the end of the story, somehow connected with the case of the week, Scully was talking to her priest, and he was telling her to entertain the idea that God was, perhaps, still speaking to people. Scully said that worried her even more than if God was silent, and the priest asked why. “what if God is speaking, and no one is listening?” Faith is a question of openness; but Protestantism (aside from Anglican traditions) never cultivated much sense of the mystical. Perhaps the Protestant work ethic made that impossible. In fact, one root of Wordsworth’s near-worship of nature is the absence of any mystical tradition in the Protestantism that made the Industrial Revolution both possible, and so devastating to human society.

But hearing God is not a question of will, of exertion of effort; it is a matter of openness, of being responsive to a calling that may be no more powerful than an inclination. Protestantism leaned on the crutch of will provided by the culture, which was all too happy to support the white pillared churches as symbols of community, stability, and tradition: until they no longer served that purpose, and newer, more enticing, and more remunerative opportunities came along. Now we don’t just live dispersed on ribbon roads, but on electronic highways: we live on a shattered glass crazed with paths leading to video games and cable channels and internet sites and books and magazines and radio stations and satellite radio, as well as TV…..

And if God is still talking, who has time, or feels the need, to listen? If God blesses our efforts and our efforts prove good because of God’s blessing, who needs God anymore? CD’s and DVD’s and computer games and cable channels provide all the distraction and comfort we could ask, and with no effort from us. Happy creatures that we are, who can awaken us to our misery?

Saturday, April 02, 2005

The End of Christendom?

And now you live dispersed on ribbon roads,
And no man knows or cares who is his neighbour
Unless his neighbour makes too much disturbance,
But all dash to and fro in motor cars,
Familiar with the roads and settled nowhere
--T.S. Eliot

Eliot captured the post-war situation with astonishing prescience. The shift from close community to scattered was already underway by World War II. After that war it caught on in a newly prosperous America with a vengeance. And it dispersed not just communities, but families; which meant it dispersed churches.

It didn't seem so at first. Church attendance in America following World War II set record highs. The percentage of the population which attended church rose to levels literally never seen before in America. It's popularly considered that the levels simply went back up to what they had been in some near, or distant, past. But studies showed the church attendance was actually higher, and has never been remarkably high in America.

And now, as Juan Cole (who is, for my purposes, simply a convenient source for numbers on this) points out, the number of people who even consider themselves Christian in America, is on the decline. Far from being the dominant religion in society, Christianity is on the way to being marginalized. Although it is still a long way from that problem. Still, it is no longer a "Protestant" culture; and that is the issue.

Protestantism, far more than Roman Catholicism, depended on the culture for its identity. Luther's reforms caught the fancy of German princes feeling their power and a new sense of inependence. As Protestantism spread, it took on the aspects of the culture it spread too: "dour" Scots took to Calvinistic Presbyterianism, while Norwegians and Swedes took to Lutheranism. A broad brush view, to be sure, but the essentials of each culture shaped the church it took on and made its own. Thus we had "Christendom," as criticized by Soren Kierkegaard; where one is simply born into a church, and no spiritual, or indeed even religious, conviction seems necessary.

And it wasn't, because the culture held the church together. But when that culture changes, when the homogeneity of the neighborhood and the community is changed, what then? When not everyone goes to church at the same hour on Sunday morning, and some don't go to church at all, and children gain more and more independence, the culture tha buttressed the church is no longer able to hold things together.

Social Security made some of this change possible in our day; but even the concept of "teenager" played a role. Look back in literature, and try to find the idea of "teenagers" anywhere in, say, the 19th century. A period for huge novels of sweeping scope encompassing persons in all walks of life and all ages from birth to death; and yet where does one find the modern-day "teenager"? The first reference to it I can actually think of is J.R.R. Tolkien's Frodo Baggins, who is said to be in his "tweens." And that's from a mid-20th century fantasy tale. The idea was current enough, and prevalent enough, for Tolkien to include it, if only as a sly joke, but a distinctive age of development between childhood and adulthood, is a fairly recent phenomenon. And it brought with it a new sense of autonomy; one reinforced by the changes in technology Eliot identified as so crucial.

"Teenagers" became, in the 20th century, quasi-adults. They were expected to work outside the home, to hold jobs, perhaps even to drive, if not own, a car. And that made all the difference. The family unit that travelled together on Sunday morning, could suddenly split up; physically and socially, children could claim autonomy from their parents. So at one end, the pool to draw from began to shrink; at the other end, it began to grow. And the result was the younger members of the church felt less and less inclined to participate in the life of the church, a church which suddenly found it could not change with the culture. The church could not change, because it could not adjust as rapidly to the idea that "young people" should have a voice in church affairs. As the young grew more "rebellious," or simply independent, their parents grew less inclined to release any authority to them. With their new autonom, then, they just left. They abandoned church altogether.

And when they returned, often as adults with children, they returned to the church they had left as teenagers, with the same people still firmly in charge, because the generations started living longer and longer; and never gave up their reluctance to let go of church power. But the reluctance was not just a hunger for power; it was a sense of loss, too. The culture that had supported the Protestant church for so long, was gone. Gone were the blue laws that kept stores closed on Sunday; gone for were 40 hour work weeks that left spare time for church softball teams and Wednesday night activities, and leisurely Sunday afternoons. Gone, too, was the notion that church was important simply because it was important, or because of some social (or even religious, though rarely) duty. Gone from the world, but not necessarily from the church.

And so churches adapted: either they became "contemporary" in their worship, and tried to compete with the entertainment industry the Baby Boomers had grown up with (and made possible), or they withdrew into a shell of amber, preserving "the best" of their "traditions." Except those "traditions" were often the preferences and peculiarities of a particular congregation, until "We have always done it this way!" became the only reason for keeping the church open at all.

In other words, the churches segregated along generational lines, and the generations became almost incomprehensible to each other.

These are generalizations, of course, and broad ones at that; but this is why "mega-churches" are always Protestant, and always non-denominational (or at least very congregational, that most Protestant of Protestant church forms) de facto if not de jure. The "mega-church" is a perfect reflection of modern American culture: it is loud, it is popular, and it is aimed at an audience. It's another roadside attraction, promising not so much salvation as entertainment, not so much meaning as simply belonging. And thriving not so much on what it provides, as what it promises to provide: mega-churches rise and fall on personality (the man, invariably, in the pulpit), and advertising. One of the largest and most popular here in Houston (its pastor has a best-selling book out, no less), exhibits billboards which proclaim: "We Believe in You!" Which even a militant atheist has to admit, has precious little to do with Christianity. Yet this mega-church claims to be a Christian church. Clearly is it Christianity that is being marginalized; but from the outside, the mega-church resembles our collective vision of the Church Triumphant.

Which is what most Americans of a certain generation remember: the Church Triumphant, the world after WWII when all Americans attended the (Protestant) church of their choice. And as the culture changed, that church was supposed to remain in place. But it couldn't; its culture, was the world's culture. Inexorably, the two were drawn apart, until now, they are barely on speaking terms.

This is the fate of "Christendom," which is not necessarily the fate of the Church.

The Individual v. the Universal

The difference between law and ministry, is that law requires you to focus on the general in the specific; while ministry forces you to focus on the specific in the general. Not exactly deduction v. induction, but a question of which comes first: the person, or the principle?

Romanticism teaches us that the individual must triumph over the principle; but of course that way lies anarchy, and romanticism is not about anarchy. So the victory is often a pyhrric one; the individual triumphs by being conquered by principle (the universal), yet going down unbowed, unbroken, ultimately: undefeated, even in defeat. The problem with that scenario is, we tend to see every instance in every life as an instance of the conflict between two universal principles: the absolute autonomy of the individual, v. the absolute authority of the universal. Unstoppable force meet immovable object: which one prevails?

The Roman Catholic church has said, as a general principle, that while extraordinary measures are not ethically required in order to sustain life against the natural processes of death, food and water are not "extraordinary measures." The general principle is sound. Torture, after all, is an "extraordinary measure" in the arena of imprisonment and detention of persons by governments. When torture is more narrowly defined, it is an attempt to make the extraordinary, ordinary, by simply moving the goal posts. Food and water, like humane treatment and bans on torture, should not be subject to hair splitting over what crosses treatment crosses the threshold from inflicting pain to inflicting inordinate pain; or, what crosses the threshold from life-sustaining to mere life-support. But then the general principle runs up against the specific case. Or, as my torts professor used to say: change the facts, change the outcome.

As a lawyer, I learned not to judge another lawyer's case: how he or she handled it, the outcome, even (rarely), the questions of possible malpractice. Too many facts, too many variables, too many particulars. I knew from my own work that the bewildering forest of facts and thickets of law were an ever shifting maze, and I could not judge the maze another struggled with, unless I saw it just as she did. Indeed, I learned to use that maze to my advantage against my opponents, counting on them not to see what I saw, until I had achieved some victory. Never big ones, for me; but that is how the "game" is "played." But always, I had to hold up the system of law above even my client's interests. I had to objectively weigh their situation, the particularities of fact involved, against the system of the law; and always, the system prevailed. Ultimately, my clients had to yield to what the law allowed; they never got everything they wanted, if only because the law couldn't provide it, or in many cases, wouldn't provide it.

Ministry was the same; but different. In ministry the theological thicket offered security, reason, order imposed on a chaotic world. Except in ministry, the individual reigned supreme. They came to you seeking the order and rationality of the theological structure, but when they turned to you in the emergency room, having just been asked to make the decision of life or death for their loved one, and said: "What do I do, pastor?," the theological answer was not the one they wanted. They wanted the individual answer. And they didn't have time for the legal research, and the analysis, and the brief to come back from the library, comparing their case to thousands of others and looking for the best possible outcome considering the facts on the opposing side and the likely temperament of the judge. They wanted to know now: what do I do?

All ministry is about individuals.

Which brings us back to the Catholic church. It is easier, from a distance, to tell a priest or a pastor what he should do. The farther you are from the particular situation, the easier it is to say what theological or ecclesiological or doctrinal principle should prevail. Standing far removed from the maze, it is easy to point out the preferred path; which is the problem. Even from a distance, you know no more than the individuals involved; you see no clearly than they do, although distance and distortion make you think you are wiser than they.

It is a human condition, not a Roman Catholic one. In ministry, everyone thinks they know better than the pastor or the priest how the job should be done, whether they are as far away as the national office, and pontificating on the importance of social justice while ignoring the realities and peculiarities of the situation in any one congregation; or whether it is a church member, always ready to tell the pastor how to conduct her calling, all the while never anxious himself to take on any responsibility in the church. Reinhold Niebuhr told a story from his days as a minister in Detroit that illustrates the point. During a time of labor strife and layoffs at the automobile factories, Niebuhr delivered a blistering sermon in support of the unions and castigating management for its heartlessness. After the service, as he greeted his congregation, one man stopped to tell Niebuhr that he was in management for an automobile plant, and his life had been a living hell that week as he announced the layoffs to individuals, men he knew were supporting their families with that job. Every pastor can tell a similar story. When the universal runs up against the individual, which should prevail?

Per the teachings of the Catholic church, as conveyed from the Vatican through the news reports available, removing the feeding tube from Terri Schiavo was an improper act. Improper because it involved only the delivery of food and water, which are not, by doctrine, "extraordinary measures." Except, in this case, perhaps they were. Change the facts, change the outcome. In this particular case, Terri Schiavo had no swallow reflex; could not control her bowel movements; may have been aware of no more than "noxious stimuli." Required constant and extensive nursing care simply to sustain body functions. She was in need of more care than any human being ever needs, even inside the womb. She was absolutely unable to provide any care for herself, and every bit of it had to be provided for her, the most life-sustaining parts artificially. From a distance, it is easier to say that food and water are necessities, not extraordinary measures. In the particular, even that fundamental principle has to give way to the conditions that prevail for one individual. It was no accident a Roman Catholic priest gave Terri Schiavo last rites when the feeding tube was removed, and again when she was dying; or that a Mass will be said in her name. From a distance, it is easy to uphold the principle; but the individual must always be considered. We must be guided by our principles, not ruled by them. It is only in the stereotype of the Catholic church, or indeed of any church, that principles always trump people.

The same should be true in the "public eye." The Schindlers, the parents of Terri Schiavo and her brothers and sisters, are individuals faced with the universal: the universal of death, and of love for their family. They have thrust themselves into the public eye with their actions; but who are we to judge them? Who are we to know what they feel, what they have been through, what they think is right? To the extent their grief warps our political system, we have grounds to complain; but to complain about the response of the political system only, not about their grief. How they have behaved in public may be shameful; and it may not. It is not the way I would have behaved, but the matter is not my business. To the extent they try to make it my concern, try, as they now say they will, to change state law, it is my business, and I can take a position on it. But to the extent I judge their behavior and find it wanting, judge their motivations for their fight for their daughter, and find them different from my one, I should remain silent. The political system is open to them if I let it be; but the court system should always be open to them, as it should be to me. To the extent their family problem is a public matter, it is one only when it is political. For the rest, it is too easy for me to judge, from a distance; to weigh them and find them wanting. Life is, for Christians, about ministry; and ministry is about the individual. I am in no position to judge them. Grief is a wrenching thing; and while it is no excuse for wrenching society out of balance, it is not answered with confrontation. It should only be met with comfort, and consolation; or, at a minimum, understanding. The individual must be given room, and benefit, against the universal.

Friday, April 01, 2005

Try to remember...

Pie directed me to this, in comments at Eschaton.

From the Newshour with Jim Lehrer:

JIM LEHRER: What about Mark's point, also, the point of the commission that things are still not in very good shape in the intelligence community and makes you wonder about North Korea and Iran and other places?

RICH LOWRY: Absolutely. I mean, it's a serious worry. My biggest complaint when it comes to the Bush administration in this regard, it should have happened Sept. 12, 2001. It was clear we had a dire intelligence failure and instead they really dragged their feet on this thing.

But also -- sorry, Mark, one last thing. Intelligence is inherently an uncertain business and it's always going to be built to some extent on assumptions and in Iraq the assumption were much too aggressive. The next mistake, I guarantee you, will be that in exactly the opposite direction.

MARK SHIELDS: Two quick things: Defense intelligence agency relied in 100 separate reports on a man whom his own handlers called unreliable and insane, all right. Second, Jim, Zbigniew Brzezinski sat at this very table with you and told the story about Dean Acheson at the time of the Cuban Missile Crisis going to Gen. DeGaulle, as an emissary from President Kennedy, and telling him about the Cuban missiles there and offering him photographic evidence, the president's eyes only, and Gen. DeGaulle said the word of the President of the United States is all that I need. I don't know if that would ever be the case again.

Bomb Squad

"If you see me running try to keep up."


(saw it on a T-Shirt this morning, and I just liked it.)

The next "Terri's Law"?

Terri Schiavo's ashes will be buried in an undisclosed location near Philadelphia so that her immediate family doesn't show up and turn the burial into a media spectacle, a member of the Schiavo family said Thursday.

"If Mike knew they would come in peace, he would have no problem with it," Scott Schiavo, Michael Schiavo's brother, said during an interview at his home.

After an autopsy, Michael Schiavo plans to have his wife's body cremated and her ashes brought to Pennsylvania, where she grew up. Scott Schiavo said the ashes would be buried in a plot left by an aunt and uncle, but the family does not plan on providing the specific location for the burial.

Her parents, Bob and Mary Schindler, had fought for years to prevent her feeding tube from being removed, and they opposed cremation and wanted her buried in Florida.
This is an increasingly bizarre situation. Will there now be lawsuits over the custody of the corpse, and its disposition? No indication of that, of course, but given events, not an unreasonable speculation. And will Tom DeLay and Congress have to step in, asserting some Congressional privilege to decide who decides the disposition of a corpse? Is burial, perhaps, a part of the "culture of life?"

Well, if we're going to revisit the question of medical care, why not plunge on into the question of corpse disposal? I mean, as long as we're poking the wasp's nest....

"The first thing we do, let's kill all the lawyers...."

I came upon this in a very roundabout way, but it seems clear now: the GOP is going to declare war on the judiciary.

But don't take my opinion for it:

Republicans, many of whom led the charge to focus federal attention on Terri Schiavo (search), are vowing to hold the judiciary system responsible for rulings in the case that some believe were tantamount to murder.
We are all, by now, familiar with Tom DeLay's statement on the matter:

Mrs. Schiavo’s death is a moral poverty and a legal tragedy. This loss happened because our legal system did not protect the people who need protection most, and that will change. The time will come for the men responsible for this to answer for their behavior, but not today. Today we grieve, we pray, and we hope to God this fate never befalls another. Our thoughts and prayers are with the Schindlers and with Terri Schiavo’s friends in this time of deep sorrow.

Which some have interpreted as a call for violence, although not yours truly (having heard too much such language from too many "evangelical" pulpits here in the "belt-buckle of the Bible Belt"). But Sen. Ted Kennedy's response is commendable:

"I believed that the courts are the fairest forum to do what is right in this case. I intend to do all I can to see that any action Congress takes is constructive and free from partisan politics, and does not make a tragic situation worse by exploiting this terrible tragedy," said the senior senator from Massachusetts.

"Mr. DeLay's comments today were irresponsible and reprehensible. I'm not sure what Mr. DeLay meant when he said 'the time will come for the men responsible for this to answer for their behavior.' But at a time when emotions are running high, Mr. DeLay needs to make clear that he is not advocating violence against anyone ... it is time for mourning and healing not for more inflammatory rhetoric, and responsible national leaders should understand that and stop this exploitation."
But wait, there's more. On the issue of war between the branches, this is language I haven't heard since Earl Warren desegregated the nation's schools (which was a real social issue, not an invented one, as the death of Terri Schiavo is):

"The actions on the part of the Florida court and the U.S. Supreme Court are unconscionable. In California, Scott Peterson, a convicted murderer, was sentenced to death, yet his constitutional rights were upheld to ensure that he received due process and fair consideration in court. Terri Schiavo was given a death sentence, and passed away without the right to due process."

In a later conference call with reporters, Santorum said the courts had practiced nothing less than "judicial tyranny" in this case and took aim at those who say Congress overstepped its bounds.

"[This is] routinely done by the courts — deciding they are now a super-legislature," Santorum said. "I'm not sure if the press realizes how serious this conflict is between the branches of government and how gravely concerned members of Congress are with [the] kinds of judicial tyranny we've seen...."

"To suggest Congress has exceeded power shows you there are judges who simply ignore written law and substitute their own judgments."
Yes, the words of Sen. Rick Santorum.

The inmates are in charge of the asylum. Or at least, they think they are. Had it come to the question, there is no doubt in my mind every court would have agreed with Judge Birch, and held the "Schiavo law" unconstitutional. Likewise, Congress has no power under the Constitution to pass laws in the area of family law, which is what the Schiavo case involved. The doctrine of Congressional limitation where the Constitution is silent, and judicial review, goes back to Marbury v. Madison. That doctrine will not be uprooted without taking the Constitution with it.

But that doesn't mean they won't try. And Juan Cole is right: "It is about hierarchy, power and control. It is not about life."