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Regarding exceptionalism, I had a course in law school taught by Justice Scalia. His first words were, "I believe in American exceptionalism and if you don't, y

Regarding exceptionalism, I had a course in law school taught by Justice Scalia. His first words were, "I believe in American exceptionalism and if you don't, you can find the door." His intentions were to provoke us and he was baiting a brave law student to disagree with him. Required reading for the course included De Tocqueville's - Democracy in America - as to "leave it to a Frenchman to explain America to Americans." In summary, it was a hell of a course!

Yhippa 12y ago
Did anybody take the bait?
- mercurialshark 12y ago
  Nope, not on that gem. But they tried later to answer some of the others. For example, a historically relevant case was being discussed, where SCOTUS found a rather significant law passed by Congress as unconstitutional (effective immediately). A student said "isn't the idea to gradually change a major law, to do minimal damage, like bringing a ship into port." He retorted with, "Heaven forbid we actually held Congress accountable for doing their job and passing good laws. There are many bad laws that are constitutional and good laws that are not. They have the ability to revisit and modify existing law, but they never do and choose to leave it to the Court to decide its constitutionality."
bernardom 12y ago
That's really interesting. Did he expound on why he thought this was the case? I agree; as sama said, the volume of inventions made here are highly disproportionate to the population share. Laser, semiconductor, airplane, assembly line, nuclear power, etc. I think two of the key drivers were the form of government (a republic "by and for the people") and a demographic boon of immigrants willing to work themselves to the bone for a better life, because they believed in equality of opportunity. Ironically, I think he has had a big hand in the decline of the former with the Citizens United decision. And the equality of opportunity has been in decline for decades.
- mercurialshark 12y ago
  Yes, his focus was on the "separation of powers." He said the Soviet Union had more guarantees than our Constitution, however without separation of powers they were "mere parchment guarantees." He also touched on innovation and industriousness being in our DNA. Which all tied back into individual liberty and the role of government (to protect individual autonomy, as the people don't exist to serve govt). However, most everything circled back to the separation of powers.
marcusgarvey 12y ago
Is American exceptionalism a glorified term for "we're special just cuz?" Isn't every country special by virtue of its individuality? Or is America thought to be exceptional because it excels on generally accepted criteria (wealth and military power.) Criteria whose importance, funny enough, was determined in the first place by...America. Like being both judge and participant in a beauty contest.

Yhippa 12y ago

Did anybody take the bait?

mercurialshark 12y ago
Nope, not on that gem. But they tried later to answer some of the others. For example, a historically relevant case was being discussed, where SCOTUS found a rather significant law passed by Congress as unconstitutional (effective immediately). A student said "isn't the idea to gradually change a major law, to do minimal damage, like bringing a ship into port." He retorted with, "Heaven forbid we actually held Congress accountable for doing their job and passing good laws. There are many bad laws that are constitutional and good laws that are not. They have the ability to revisit and modify existing law, but they never do and choose to leave it to the Court to decide its constitutionality."

bernardom 12y ago

That's really interesting. Did he expound on why he thought this was the case? I agree; as sama said, the volume of inventions made here are highly disproportionate to the population share. Laser, semiconductor, airplane, assembly line, nuclear power, etc. I think two of the key drivers were the form of government (a republic "by and for the people") and a demographic boon of immigrants willing to work themselves to the bone for a better life, because they believed in equality of opportunity. Ironically, I think he has had a big hand in the decline of the former with the Citizens United decision. And the equality of opportunity has been in decline for decades.

mercurialshark 12y ago
Yes, his focus was on the "separation of powers." He said the Soviet Union had more guarantees than our Constitution, however without separation of powers they were "mere parchment guarantees." He also touched on innovation and industriousness being in our DNA. Which all tied back into individual liberty and the role of government (to protect individual autonomy, as the people don't exist to serve govt). However, most everything circled back to the separation of powers.

marcusgarvey 12y ago

Is American exceptionalism a glorified term for "we're special just cuz?" Isn't every country special by virtue of its individuality? Or is America thought to be exceptional because it excels on generally accepted criteria (wealth and military power.) Criteria whose importance, funny enough, was determined in the first place by...America. Like being both judge and participant in a beauty contest.