dahlia lithwick

“Terrorism-derangement syndrome,” a phrase that should be forever enshrined in our cultural vocabulary…

… but won’t be.

Because we are all deranged. Duh.

Dahlia Lithwick , in yesteday’s typically despair-inducing and yet still somehow sparklingly witty essay in Slate, has really put her finger on one of the many bizzarro maladies afflicting the American psyche.

The real problem is that too many people tend to follow GOP cues about how hopelessly unsafe America is, and they’ve yet again convinced themselves that we are mere seconds away from an attack. Moreover, each time Republicans go to their terrorism crazy-place, they go just a little bit farther than they did the last time, so that things that made us feel safe last year make us feel vulnerable today.

“Terrorism crazy-place” is a pretty good turn of phrase too, I must say. Dang, she’s good.

Partisan Democrats might be tempted to play their favorite game and say, “See? It’s them!” but Dahlia is not pinning TDS all on the Republicans. “[W]hat was once tough on terror is now soft on terror. And each time the Republicans move their own crazy-place goal posts, the Obama administration moves right along with them.” Yes, the Repugs take the lead, but who’s making the party in control of everything follow along?

No, TSD afflicts both parties, and the general public as well. Definitely this piece must be read in full, but I hope I’ll be forgiven for quoting such a large chunk of it:

But it’s not just the establishment that opposes closing Guantanamo, trying Khalid Sheikh Mohammed, or reading Umar Farouk Abdulmutallab his Miranda rights. Polls show most Americans want Abdulmutallab tried by military commission, want Gitmo to remain open, and want KSM tried in a military commission, too. For those of us who are horrified by the latest Republican assault on basic legal principles, it’s time to reckon with the fact that the American people are terrified enough to go along.

We’re terrified when a terror attack happens, and we’re also terrified when it’s thwarted. We’re terrified when we give terrorists trials, and we’re terrified when we warehouse them at Guantanamo without trials. If a terrorist cooperates without being tortured we complain about how much more he would have cooperated if he hadn’t been read his rights. No matter how tough we’ve been on terror, we will never feel safe enough to ask for fewer safeguards.

Now I grant that it’s awfully hard to feel safe when the New York Times is publishing stories about a possible terrorist attack by July. So long as there are young men in the world willing to stick a bomb in their pants, we will never be perfectly safe. And what that means is that every time there’s an attack, or a near-attack, or a new Bin Laden tape, or a new episode of 24, we’ll always be willing to go one notch more beyond the rules than we were willing to go last time.

Some of the very worst excesses of the Bush years can be laid squarely at the doorstep of a fictional construct: The “ticking time bomb scenario.” Within minutes, any debate about terrorists and the law arrives at the question of what we’d be willing to do to a terrorist if we thought he had knowledge of an imminent terror plot that would kill hundreds of innocent citizens. The ticking time bomb metaphor is the reason we get bluster like this from Sen. Susan Collins, R-Maine, complaining that “5-6 weeks of ‘time-sensitive information’ was lost” because Abdulmutallab wasn’t interrogated against his will upon capture.

But here’s the paradox: It’s not a terrorist’s time bomb that’s ticking. It’s us. Since 9/11, we have become ever more willing to suspend basic protections and more contemptuous of American traditions and institutions. The failed Christmas bombing and its political aftermath have revealed that the terrorists have changed very little in the eight-plus years since the World Trade Center fell. What’s changing—what’s slowly ticking its way down to zero—is our own certainty that we can never be safe enough and our own confidence in the rule of law.

“Whores-Race Politics”

USA, LLC

Supreme Court rejects limits on corporate spending in electoral campaigns:

A divided Supreme Court on Thursday swept away decades of legislative efforts to restrict the role of corporations in election campaigns, ruling that severe restrictions on corporate spending are inconsistent with the First Amendment’s protection of political speech.

Chris Lehmann has the best headline: High Court Upholds Whores-Race Politics, although the metafilter one-liner (“The Business Plot of 1933 has reached a logical conclusion”) comes close, and gives me a chance to name-check Smedley Butler again.

Lehmann’s analysis:

The ruling also effectively rolls back many curbs on “soft-money” campaign financing–the coy corporate practice of doling out dosh on candidates’ behalf via dummy interest-group expenditures–during the homestretch of elections that were instituted in the already weak McCain-Feingold campaign finance law. In the majority opinion, Justice Anthony Kennedy stirringly pronounced that “the censorship we confront is now vast in its reach,” neglecting of course to mention that virtually every other Western democracy has far stricter curbs on rampant private-sector electioneering while also mysteriously permitting their private citizens to express themselves just fine.

And Dahlia Lithwick’s The Pinocchio Project has the best subhed: “Watching as the Supreme Court turns a corporation into a real live boy.”

The court had to reach out far beyond any place it needed to go to strike down century-old restrictions on corporate spending in federal elections. This started off as a case about a single movie. It morphed into John Roberts’ Golden Globe night.

Funny. This is a silly case, and what the Court has wrung from it is so preposterous that you want to laugh. But no.

But you can plainly see the weariness in [dissenting Justice John Paul] Stevens[‘] eyes and hear it in his voice today as he is forced to contend with a legal fiction that has come to life today, a sort of constitutional Frankenstein moment when corporate speech becomes even more compelling than the “voices of the real people” who will be drowned out.

“A Constitutional Frankenstein moment.” It has been a pretty awful week.

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