February 13, 2018
THE HIGH COST OF A LOW REPUTATION:
'Anglo-American' Is a Common Legal and Historical Term, It Is Not a 'Dog Whistle' (Charles C. W. Cooke, February 12, 2018, National Review)
Here's Senator Obama in 2006, arguing in favor of habeas corpus on the Senate floor:The world is watching what we do today in America. They will know what we do here today, and they will treat all of us accordingly in the future--our soldiers, our diplomats, our journalists, anybody who travels beyond these borders. I hope we remember this as we go forward. I sincerely hope we can protect what has been called the "great writ"--a writ that has been in place in the Anglo-American legal system for over 700 years.And here's Obama during the 2008 campaign, making broadly the same point:
In fairness, it's the opposite usage, but Beauregard may well have meant to invoke the basic idea.But Obama, who taught constitutional law at the University of Chicago for more than a decade, said captured suspects deserve to file writs of habeus corpus.Calling it "the foundation of Anglo-American law," he said the principle "says very simply: If the government grabs you, then you have the right to at least ask, 'Why was I grabbed?' And say, 'Maybe you've got the wrong person.'"The safeguard is essential, Obama continued, "because we don't always have the right person."And here's Obama as president, at it again:Obama would not say whether it could be achieved within the first 100 days of his term, citing the challenge of creating a balanced process "that adheres to rule of law, habeas corpus, basic principles of Anglo-American legal system, but doing it in a way that doesn't result in releasing people who are intent on blowing us up.This usage -- which is precisely the same as Sessions's -- is common, it is quotidian, it is downright normal. It is found in legal textbooks, in works of history, and in Supreme Court opinions alike. More important, it's extremely useful. We need a term that means "long within the unusual legal tradition that predated the independence of this nation," and "Anglo-American" works perfectly in that role. If we allow it to be taken from us by the hysterical and the unlettered, we'll be considerably worse off for it.
Posted by Orrin Judd at February 13, 2018 9:39 AM
