Noah Feldman
Noah Feldman
Noah R. Feldmanis an American author and the Felix Frankfurter Professor of Law at Harvard Law School...
NationalityAmerican
ProfessionAuthor
CountryUnited States of America
people
The core idea that underlies all of our democratic states, the core political idea, is this idea that it's not that one person is the sovereign; it's that all of the people are sovereign.
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Roosevelt got a chance to name an amazing nine justices of the Supreme Court. He was not namby-pamby on this question. He wanted people who shared his views, he wanted liberals, and he wanted lots of them.
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How can you have the religion of the sovereign be the religion of the state if the sovereign belongs to many religions? And it's at that point, I think, historically, that you start to see people saying maybe the state should not associate itself with any religion. Maybe there shouldn't be any official religion.
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During the New Deal, people thought to be liberal was to reject socialism on one extreme and fascism on the other, and to preserve capitalism through regulation and a social safety net.
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The great difficulty with Guantanamo is it was perceived correctly as being a place where people were not being detained subject to rules. I don't think the world thinks that you can't detain suspected terrorists - the world thinks you can do that, but you have to do it pursuant to rules and to clear charges.
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A constitution that is a deal between the Shiites and Kurds is not a deal.
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After 9/11, most Americans were in no mood to talk with our enemies in the Middle East, whatever those enemies' ideology, and the Bush administration's policies of invasion and pre-emption reflected that sentiment.
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Prisoners, according to the law, who are non-U.S. citizens and are detained outside the U.S. - including in Guantanamo Bay - are denied 'habeas corpus.' They are also denied the right to claim the Geneva Conventions confer certain rights on them.
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If they are acknowledging that the delay is costing them - that it is making things worse - that is a step in the right direction.
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Faced with the collapse of Iraq into something like Lebanon - or worse, Somalia - the Bush administration opted for a new counterinsurgency strategy. Violence was reduced because, for the first time since the U.S. invaded Iraq in 2003, Iraqis felt that there was a force capable of dominating the situation and ensuring basic order.
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The yeshiva where I studied considers itself modern Orthodox, not ultra-Orthodox. We followed a rigorous secular curriculum alongside traditional Talmud and Bible study.
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Even a lame-duck president can be affected by a clear midterm message if he wants to see his vice president elected and preserve his historical legacy.
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To hear both critics and defenders talk about the fitness of Judge Sonia Sotomayor for the Supreme Court, you'd think the most successful Supreme Court justices had been warm, collegial consensus-builders. But history tells a different story.
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The transformation of the United States from a traditional republic to a democratic nation run in large measure by a single executive took a couple of hundred years.