Florida’s Don’t Be a Punk Law

Trayvon Martin’s death is significantly more about race. It is about the ghettoization of the United States of America. The street mentality of the South Bronx and South Central L.A. is becoming the American norm. (Blame it on the popularity of rap music, I guess.)

The first case I had read related to Florida’s “Stand Your Ground” law was of David James. Based on the published account of the incident, it was similar to many I grew up seeing or being part of as a kid: one guy mouths off, the other mouths off, and neither is willing to back down. One guy is armed and then all hell breaks loose. The conclusion is bang, bang (or shank)–someone is dead. In this case, an Iraqi war veteran, father-of-two is the unfortunate victim.

Back in the old country (in my case, the South Bronx of the Fort Apache-70s and crack-scourge 80s), “Stand Your Ground” is the equivalent of the street rule don’t be a punk (typically a little more profane). If you backed away from a fight, you were a punk and you would lose all respect from your peers. Sometimes not being a punk meant you either seriously hurt or killed the other person (or you got yourself killed, which was better than not being a punk). What Florida has done (as well as other states that have passed similar laws) is legitimize this lunatic street culture and provide legal protections to those involved. So much for being a Christian nation.

The frustrating part of the Trayvon Martin case is the limited and narrow focus by on many on race, as if that alone explains the tragedy. (The other part of the outrage involves the police. But admittedly I have always been wary of the police. Can you ever fully trust any organization that has the legal authority to use lethal force against the very people they’re supposed to protect? Perhaps I am overly cynical, jaded by the corruption scandals, crimes, and civil rights abuses committed by my hometown NYPD.) Yes, Trayvon was black. Yes, his shooter is white/Hispanic. But what truly stands out, what should trigger national soul-searching and anger, is how the coupling of our gun culture with laws that promote, if not outright instigate, lethal showdowns is another shovel of dirt on our American nation.

Should the people’s rage be directed at George Zimmerman? Should the people’s rage be directed at the Sanford police? Yes, but the real rage should be directed at the NRA and the politicians across the country who supported or continue to support laws that only fuel American cannabilism. Instead of trying to tweet George Zimmerman’s home address (the wrong address, it turns out), Spike Lee should have tweeted the home addresses of the NRA’s board. Instead of wearing a hoodie during a congressional session, Congressman Bobby Rush should have repeated Charlton Heston’s infamous “From My Cold, Dead Hands” NRA speech with a twist:

To those divisive forces that would take freedom away…from my cold, dead hands will you still not take my right to live in peace, in liberty, free from the tyranny of ignorance and violence.

 

 

The Monster Inside

Afghanistan is lost. And not simply because an American soldier lost his mind and went on a Columbine-style killing spree (though that will likely be the punctuation mark at the war’s conclusion). That was just a symptom of a conflict that has eroded the souls of thousands—Americans and Afghanis (and Iraqis in a land not so far away).

The deployment of soldiers into Afghanistan was an emotional reaction to 9/11. An eye for an eye. A life for a life. That delicious thirst for revenge transformed into a delusional belief that we could transform a tribal nation into some semblance of a modern Western democracy. (In general, I think Americans have a hard time believing there can be such a thing as an Islamic democracy. Therefore, we never considered any other governance model for Afghanistan. Or, perhaps, it would be more appropriate to state that we should never have even tried to teach them governance outside of their centuries-old tribal leadership.)

Our seemingly righteous cause—avenging the lives of fellow Americans—turned into a nightmare, of course. It turns out that war is and has never been righteous (though I sincerely believe sometimes it is unavoidable and necessary), certainly not when it involves killing—intentionally or inadvertently—women and children. (And if there is any question that targeting civilians has ever been official American government policy, the military actions during the colonization of the Philippines, the fire-bombing of Tokyo, and the atomic bombings of Hiroshima and Nagasaki should correct that misconception. We gave as good as we got, and then some.)

I am not surprised by the killing and rapes of civilians in Afghanistan and Iraq by American soldiers, or the rapes of American female soldiers by their male counterparts. It is partially, I believe, a consequence of a professional soldier’s mental and emotional training: to suppress his (and increasingly her) humanity; to ignore or forget their moral beliefs. Life is no longer sacred, and morals are an inconvenience. Remove the moral safetys. Kill or be killed, or more importantly—hesitate and get your comrades killed. Their training starts to kick in as they fight for their lives, literally door to door. And day after day, week after week, month after month, their morals and soul erode. Should we expect any less? Should we be surprised at the increasing rate of suicides and drug use among combat troops?

10 years later, our avenging angels can’t wash the blood off their hands. They scrub and scrub and still they’re blood-stained. Those who have been in hand-to-hand combat, hunted by a morally-vacant enemy, and get to come home are awarded with parades, thank yous, hot dogs, and tacos. But psychologically and physiologically they are broken men and women. Most, of course, don’t go on murderous rampages. And even those who cross the blurred line of the rules of war are still not the equal of those who have murdered and raped. But should we be surprised that such acts occur? I certainly am not. Whether performed by the Lord’s Resistance Army or the U.S. military, war is a brutal dance conducted by people with two left feet. It is neither sublime nor subtle.

I am not excusing the acts of those who clearly committed crimes outside of war’s normal butchering. But I do have some sympathy for them. I believe they should be tried and sentenced appropriately. But Americans should acknowledge that when we send to the front line these men and women, boys and girls, they are sacrificing more than their lives. They are sacrificing their souls. For God and country.

Fox Hunt

There is a great deal of satisfaction watching Rupert Murdoch squirm, senility at center stage. His media machine has been the bane of many journalism organizations and politicians. But there is a great deal of hypocrisy and danger in relishing that sentiment for too long.

For one, journalism has always been scandalized by acts of misinformation and outright lies. News Corp. and its web of media companies may be the poster child of contemporary yellow journalism, but all journalistic outlets have shared the same bed. Journalism has—throughout its history—acted on the belief that the ends justify the means. Certainly, what happened at News of the World in Britain is perhaps an extreme and not (hopefully) a common and rampant practice. But what is more egregious is the lack of corporate and journalistic governance at News Corp.

Rupert & Son seemed to state in their slithering responses to the parliament committee’s questions that they are completely detached from the company. And that detachment seems to be prevelant in the ranks of News Corp.’s management hierarchy. (I do have a hard time believing that Rupert Murdoch is simply languishing in orbit as his company spins. In recent days their statements have been contradicted by former managers at News of the World.) News Corp. shareholders should be outraged. (If you see any correlation between News Corp.’s management behavior and the large financial institutions’ mentality leading up to and after the financial implosion of this decade—you’re right.)

The liberal media should be careful, however, pointing fingers. They can relish this moment of revenge. But they shouldn’t forget that members of their organizations have been as dirty and unethical as News Corp. and other conservative media outlets. The public, too, should be wary of the blood frenzy engulfing the media industry. Regardless of whether journalism organizations are politically right or left or somewhere in the middle, they have shared the same bed and practices. There is an air of cannabilism in the media coverage.

Regardless of the political views of a newspaper, they’re still political views. In the United States, every major newspaper throws  support behind political candidates. Therefore, how can a newspaper or other media entity be considered objective, when its coverage and editorials explicitly support political candidates and political agendas? That isn’t necessarily wrong, certainly it serves a purpose in helping the public formulate opinions. But there should be no doubt they are trying to influence public opinion, or that they engage in activism of one sort or another. And that is fine. It is people, after all, who run these organizations, who write the stories and offer opinions. They’re not robots, emotionally detached from the afflictions and events of the world. They help bring to the public’s attention local, national, and global issues that the public should be aware of and act on.

But the News Corp. scandal does highlight the dangers of the growing media conglomerates. The unethical and illegal activities of one unit can become part of the organization’s culture, particularly as employees move internally from one division to another. It can contaminate the entire organization. We’ve seen (and continue to see) this with the financial behemoths. That is the most important lesson that we’ve learned from the News Corp.’s scandal, and one that the public should address through its political representatives.

U.S. Independence Day–The Justice of Strauss-Kahn

I am embarrassed. I often express my love for my country’s way of life, our system of government and justice. Yet, when Strauss-Kahn was arrested, I quickly convicted him based on media information and what was leaked by the police and district attorney. Where was my adherence to innocent until proven guilty?

Speaking with a colleague at work, we discussed how he was a scumbag and of course he was guilty–he ran away from the hotel, straight to the airport (a lie; he left and had a meal with his daughter). He was a rapist. Done. French bastard.

Wow. Egg on my face. I am a hypocrite.

The New York Times has been publishing articles about the soul-searching we are doing as a city and as a nation–our dislike of the French; our disdain of the rich and powerful; and our media-driven sensationalist justice system. I happen to like the French. I have no problem with the rich and powerful, particularly when they’re funding and working for humane causes. But certainly I devoured the information from the media and the leaks from the Manhattan D.A. and the NYPD. I devoured it and sucked on my fingers like a savage. I was practically jumping out of my underwear in glee as he sat in the courtroom, ragged and worn.

Shame on me. Head in the sand.

The lesson I learned is that rather than rushing to judgment on such cases, it is best to let justice run its course. I convicted the man without knowing all the facts. Maybe he is a scumbag. Maybe he is Jesus reincarnate. The one and absolute fact is that I have nothing to base either judgment on. So on July 4th, as I celebrate my nation’s independence, and whenever I place my hand over my heart and pledge allegiance to my fellow citizens and to the principles of my country, I will swear not to rush to judgment. I can’t control the media or law enforcement. But I can control myself, and adhere to the principles of our nation.

 

 

No Cure for Cancer: Re-Defining the Meaning of Cure

The cancer mortality rate in my family is high. Of the half dozen relatives I have known with cancer (all from one side of my family), all but one has died. Five of the six were women.  The high mortality rate is more likely due to the lack of medical care, however. They all lived in Guatemala; though not impoverished, medical care was not something my relatives had regular access to. By the time they went to see a physician, I am sure the cancer had metastasized. All of my relatives, but one (the one who survived) was over 50. (This reflects, in part, the association between cancer and aging.)

I’ve spent the last few months after my last entry trying to learn more about cancer. Aside from the impact it has had on my family (and, naturally, the worry it has instilled in members of my family), it also has grabbed my attention because of its insidious nature.  Treating cancer is a brutal exercise of will and endurance, probably unlike any other disease.  My friends post on their Facebook wall about hoping this year will be the year of a cure. As a friend of mine said after reading my last post, though she understood the science behind cancer, she still hoped for a cure for this dreadful disease.

Ever since a cancer researcher told me there is no cure for cancer, I have tried to understand what that exactly meant. It is a powerful statement.  It is one I am sure would elicit strong emotional reactions from my friends who have overcome cancer or have a friend or relative who have died from cancer, and from many of the people who actively participate in raising funds for research.  There is a great deal of emotions, politics, and money invested in cancer research.

The fact is that today many cancers can be treated very effectively, provided it is caught early and the cancer responds to the treatment (the survival rates continue to improve).  With chemotherapy, radiation, and targeted therapy (some of which is delivered orally, a major advance in cancer treatment), people have been cured of their cancer or have suppressed it and lived with it.  (The latter pertains to some targeted therapies that suppress certain cancers. People afflicted must take a pill for the rest of their natural lives, though the side effects are minimal compared to chemotherapy and radiation.)  Cancer, as I’ve written before, is really a variety of diseases that share similar traits. Breast cancer is different from liver cancer, different from brain cancer, and so on.  They are not all treated with the same chemical cocktails, and they all react to treatment very differently.  Some cancers can be treated by targeting certain proteins that manage growth of the cancer cell.  But cancer cells can be ingenious and mutate, becoming resistant to chemotherapy and other pharmacological treatments. Yet, there is good news coming from the front.

What this means is that there is no single, absolute path to treating cancer. In many cases, treating cancer means subjecting yourself to toxic treatments. Whether it is chemicals or radiation, the objective is to survive and endure the assault on the body long enough for the cancer to be purged from your body. As a friend of mine, who is an emergency medicine physician said, “Sometimes the treatment is worse than the disease.” There are many who eventually give up, unable to withstand the side effects of the treatments.

But the significant message is that treatments have evolved.  Even when treatments are brutal, there is still the prognosis that you – me – all of us may either see long-term remission or be cured. And that is very important for us to understand.  Cancer – in all its forms – may never be absolutely cured, that is, eradicated from human existence.  There won’t be a vaccine or pill that purges all cancers from our bodies.  It simply isn’t possible, given the origins, workings, and complexities of cancers.  But more and more people are living with cancer, surviving cancer.  However, in the United States, we often like to live in absolutes.

The polarization of American society manifests itself in the mentality that either you are with me or against me. And cancer is no different. For some activists, the war on cancer must be won. And that victory means eliminating it from our lives.  Forever.  There is no middle ground with some of the more radical elements of the movement.  And that simply will never happen.

Dr. Siddhartha Mukherjee, Pulitzer winning author, concluded in his book “The Emperor of All Maladies: A Biography of Cancer”:

“Cancer, as we have discovered, is stitched into our genome. Oncogenes arise from mutations in essential genes that regulate the growth of cells. Mutations accumulate in these genes when DNA is damaged by carcinogens, but also by seemingly random errors in copying genes when cells divide. The former might be preventable, but the latter is endogenous. Cancer is a flaw in our growth, but this flaw is deeply entrenched in ourselves. We can rid ourselves of cancer, then, only as much as we can rid ourselves of the processes in our physiology that depend on growth – aging, regeneration, healing, reproduction.”

One of the most important parts of his statement is the reference to carcinogens. We are surrounded by chemicals, some of which we purposely consume. For example, although the use of cigarettes on a whole has decreased, I see many young people in New York (especially women) willingly pumping carcinogens into their lungs. And the popularity of hookah smoking among young people only adds to the problem. The Mayo Clinic states that “Hookah smoke contains high levels of toxic compounds, including tar, carbon monoxide, heavy metals and cancer-causing chemicals (carcinogens). In fact, hookah smokers are exposed to more carbon monoxide and smoke than are cigarette smokers.”  Despite such warnings, the popularity of smoking or chewing tobacco remains popular.

What is also likely to affect the survival rates of cancer is the level of access to medical care. Those that I’ve known who have survived cancer have had medical insurance. And even then, their out of pocket expenses are enough to cripple them financially. As the cost of health care continues to rise and lifespans continue to expand, I wonder if cancer rates will increase and the survival rates drop.

Regardless, the fact remains that although cancer is never likely to be cured, its treatment continues to evolve and less toxic treatments will lead to less inhumane side effects and increased survival rates (for those who can afford it). That is a victory!  The definition of “cure” should be re-defined. There will be some (perhaps many) who will suffer from aggressive cancers and die.  But there will be some (perhaps many) who will also survive and overcome those cancers. Being diagnosed with cancer is no longer a death sentence. With early intervention, effective treatment, and with lifestyle changes, cancer incidences can be reduced and at least our individual battle with cancer can be won.

No Cure for Cancer

It has been interesting these past few weeks attending seminars on genomics and stem cell research. I’ve listened to how researchers and physicians talk about cancer. They don’t talk about cures. They talk about treatment. As one researcher stated to the audience, “if someone tells you that cancer can be cured, they’re lying.”

Cancer is at a very basic level cell growth gone mad, replicating out of control for no apparent reason. It is why the treatment often involves killing or removing those cells that have lost their minds, before they convince other cells to join the frenzy. It is almost — from my layman’s understanding — like mob rule. Once the mob mindset takes root, it spreads and even the most rational of people engage in violence and mayhem. And no matter the society, the ethnicity or race of a people, the threat of mob violence is always present, though not necessarily likely to become realized or develop in the same way.

And such is the case with cancer — practically any cell in the body can become a threat to the rest of the body. The objective, it seems to me, is to anticipate when a cell (or a group of cells) is at the brink of becoming cancerous, in order to nullify the threat before it becomes realized or limit the damage. (I presume this is why some women undergo mastectomies, even if they don’t have breast cancer. If breast cancer is prevalent in the family, and genes associated with breast cancer cells indicate a high likelihood that the women may develop an aggressive form of breast cancer, they take a very radical approach to treatment. Literally cutting out sections of the body before they turn on the person.)

It is a struggle with stem cell research. At a stem cell presentation I attended recently, a stem cell researcher discussed the benefits and perils of stem cells. Although stem cells offer opportunities to treat debilitating diseases (like cystic fibrosis, sickle cell, and multiple sclerosis) and repair damaged organs, they also have the capacity to become cancerous. That is, as they start on a particular growth path to become the target cells, they can sometimes grow out of control and become dangerous. As one researcher described it, during the course of using a stem cell treatment, there is always the risk that stem cells can kill the patient if they become cancerous.

Danny Hillis, who has worked with cancer researcher David Agus, is working on deciphering the language of cells as it relates to cancer.  He has described genomics’ role in cancer research in a very interesting way. Genomics has provided a list of the body’s ingredients, but it has not revealed how the body communicates. He is looking at how proteins influence or dictate that conversation in cancer. It is as if he is trying to anticipate when the tone is becoming hysterical and malicious and hopefully successfully intervene. (One research study I had read a long time ago discussed how the removal of tumors sometimes caused cancer cells to spread. The tumors seemed to secrete chemicals that confined the cancer cells to the tumor. The moment the tumors were removed, the surrounding cells began a cancerous process.)

Of course, we want to believe that there is a cure. But unlike bacteria or viruses, cancer isn’t a foreign intrusion into the body. It is the body itself — or microscopic components of it — that has become rabid and irrational — a cellular suicide that transforms into an act of physiological terrorism or outright war. That isn’t to say that we can never manage the development of cells to the point that cancer is no longer lethal. But, from my very rudimentary understanding, we have to come to terms that it is an inherent part of us.

Related Readings and Videos

David Agus: A new strategy in the war on cancer
http://www.ted.com/talks/lang/eng/david_agus_a_new_strategy_in_the_war_on_cancer.html

Danny Hillis: Understanding cancer through proteomics
http://blog.ted.com/2011/02/24/understanding-cancer-through-proteomics-danny-hillis-on-ted-com/

http://www.huffingtonpost.com/2011/01/25/tedmed-2010-danny-hillis-_n_813639.html

Siddhartha Mukherjee: The Emperor of All Maladies
http://www.amazon.com/Emperor-All-Maladies-Biography-Cancer/dp/1439107955/ref=sr_1_1?ie=UTF8&qid=1301279465&sr=8-1

Birds of a Feather

I commented to my father recently how small the world has become.  Whether it is climate change, economic or political turmoil, it is clear we are all connected by a common thread.  Despite conflicting ideologies and beliefs, we are drawn closer together – influencing each other into similar states of frenzy and rebellion.

As a child, the world seemed an infinite stretch of water and land mass, a lifetime of imagination to explore.  Watching the combustion of the people’s rage in the Middle East, reading about the Chinese government’s worries of a “Jasmine Revolution” and of the Zimbabwe government’s incarceration of a group of people watching the Middle East revolution on Al Jazeera and BBC News, I find my imagination is now the size of a pea. 

But what I find even more striking is how the human race is commonly moved and affected by conflict and plight, life and death, courage and cowardice.  Truly, underneath, our blood runs red.

I am not tempted to say that freedom is the common denominator linking the people’s outcries.  Freedom is defined differently by individuals, cultures, and nations.  After all, freedom can also mean choosing not to be free: from the restrictions of religion, the narrowness of nationalism, or of family expectations.

But clearly there is something that motivates us as a whole, to unite in spirit and action with people thousands of miles away, strangers who are not so strange.

In seeing people rise and die, scream in unison as mob fury tears at tyranny and absolute rule, I am reminded that indeed it’s a small world after all.

The Courage of Poverty in the Muslim World

When people are desperate, they are willing to jump off a cliff to get away from their misery.  That is the common theme across the Arab world.  It is not a desire for democracy, but rather poverty and joblessness that is feeding the courage — The Day of Rage – to face the guns and clubs of the security forces and military.  Certainly any mention of democracy or representative government is not an endorsement of American- or European-style democracy.  Rather, it is a demand for change — if autocracy could not bring prosperity, let’s try something else. 

It would be foolish for anyone to expect Islam to be absent from the politics of the people.  Even as much as Americans celebrate our secular government, Christian Evangelical elements are evident in all aspects of our political life.  Arab Muslims are certain to look for comfort in their faith, as Christians of all denominations do in theirs.  That is their right.  But there is justified concern from Americans and other Westerners that the transition from autocracy to representative government will lead eventually to a fundamentalist political theocracy — an explosive birth of Jihadists.  That shift to fundamentalism is evident even here in America, where Christian conservatives have become politically dominant, successfully interjecting themselves into our political institutions.  Like the Muslim Brotherhood, Christian conservatives are well-organized and are not shy about craving a political theocracy.

Should we not then expect a similar conversative movement in Muslim societies?  Even Turkey, which has been ruled by a secular military, is moving towards conservative Islam.  And Israel too – the most democratic country in the region – is gripped by an ideological shift to a fundamentalist form of Judaism, ruled by the ultra-Orthodox.  It is as if the three branches of Abraham are now drinking from the same pool of religious conservatism.  And the chronically poor and unemployed are most susceptible to religious fundamentalism and extreme nationalism (India’s Hindu nationalists are evidence of this).

Ultimately, it is important for Americans and Europeans to recognize that the old state of affairs is over.  We can no longer secure our energy future on the backs of the poor.  They have grown too desperate to simply sit back and die, while dictators and Western powers haggle over black gold and Israeli security.  And a transformation to an Islamic-style democracy would be the best outcome — for the people of the region and for us.  Regardless, I don’t believe that America has any business choosing the destiny of others.  Let them forge their path in history, just like we have ours.  That will involve bloodshed, communal sacrifice and pain.  But as our own American history has shown, liberty isn’t free.

No Good Issa

Although the political vitriol has diminished in Washington, the propaganda remains strong and healthy.  House of Rep. Darrell Issa reminded me of that in Tuesday’s Financial Times.  Despite being a former CEO (of California-based Directed Electronics), his op-ed piece reflected a good deal of ignorance of the country’s economic situation and business thinking in general.  (Of course, being a CEO doesn’t equal being a good business person, much less having a grasp of economics.) 

In his provocatively titled piece — “Obama’s Keynesian failures must never be repeated” (almost alluding to war crimes)– he attempts to argue that the President’s stimulus package was a colossal failure.  He uses the familiar right-wing  campaign rhetoric from the presidential election (“redistribution of wealth”) and markets the Republicans’ new term — “Obama Misery Index.”  The country’s still frail state, in his mind, is a condemnation of not only the stimulus package, but also of Keynesian economics.   As he presents it, the world’s end started with Obama.  And only market forces can turn things around.  Mr. Issa is seemingly ignorant of the role that the forces of supply and demand had in creating the economic bubbles of the last 20 years.  (I am surprised that the Financial Times would publish something better suited for the Wall Street Journal, especially from someone who called Obama (without cause or proof) “one of the most corrupt Presidents in modern times.”) 

I don’t simply want to dismiss his opinions on the basis of his own checkered personal history.   But, much like New York’s own Michael Grimm, he touts his business credentials as giving him a more intimate and righteous understanding of how to fix the country’s economic state.   At the very least, his frequent references to the jobless rate betrays a profound ignorance of what workers and businesses — small and large — understand about the current environment — companies can do more with less.

The stubborn persistence of the high unemployment rate reflects many things, not all associated with issues with the stimulus package (though I would argue one has nothing to do with the other).  First, companies have learned to squeeze more productivity out of their employees.  Many workers have assumed the responsibilities of colleagues who have been laid-off, and companies aren’t eager to relinquish those productivity gains and cost savings.   Second, information technology continues to help companies automate more tasks.  The good business manager has learned to adapt to the economic environment and business realities, successfully doing more with less — less people, less resources, less costs — without compromising quality (at least in the short-term).  And, besides, consumer consumption hasn’t exactly roared back.  

Whatever traction the economy seems to have gained doesn’t imply a consistent or persistent upswing.  Companies are rightly cautious.  And with a surge in mergers and acquisitions in several industries, companies are likely to consolidate operations.  In other words, expect the unemployment rate to either increase slightly or, at best, barely budge in either direction in the short-term.  

That is not to say that the President’s stimulus package didn’t have faults (shovel ready projects apparently meant cemetery work; the funeral homes in my area have been very busy).  However, Mr. Issa gives an incomplete and inaccurate picture, while relying on political rhetorical theatrics to grab attention.

Constitutional Interpretation

The John Brademas Center for the Study of Congress at NYU Wagner hosted a discussion with former U.S. Senators Trent Lott and Tom Daschle.  The evening’s discussion concluded with a Q&A session with the former senators. I had an opportunity to ask them the following question: “Some Americans argue that the 14th Amendment was not intended to grant the U.S.-born children of illegal immigrants citizenship.  Can a similar argument be made that the 2nd Amendment was not intended to allow private citizens the ability to procure military-grade or military-style weapons?”

It was my attempt at using two contemporary issues to trigger a debate about Constitutional interpretation.  I wasn’t interested in hearing their views about citizenship or gun control.  Rather, I wanted to get their views about Constitutional originalism and Constitutional pragmatism (which they deftly ignored). 

I am an educated layman.  That is another way of saying I don’t always understand the legal debate about Constitutional interpretation, other than hearing constantly about “judicial activism.”  But what does that mean exactly?  What are the implications of judicial activism?

The United States Constitution is beautiful and complex, and it doesn’t always make sense.  To me, it seems difficult to adhere literally to the Constitution (as originalists argue we should) when there are statements like ““The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted” (an example used by Jill Lepore in her brilliant New Yorker article, “The Commandments: The Constitution and its worshippers“).  Excuse me?  Huh?

On the other hand, Constitutional pragmatism sometimes seems like an attempt to circumvent the Constitution or even ignore some of its tenets.  Using contemporary social biases and prejudices to counter those incorporated into the Constitution can be a dangerous road to take.  The Constitution is purposely built to withstand whimsical changes and some of the Amendments are absolute and clear in their meaning.  However flawed the Constitution may be, its construction has to date withstood the tantrums and injustices of the majority and at times it has served to overcome them.  What has differentiated us from other constitutional democracies is that we don’t simply throw out the constitution when it no longer suits contemporary society.

Since I am not a lawyer, I obviously have no formal training in Constitutional law.  However, one thing that I do know instinctively is that the Constitution has served to create a democracy that is the best of its kind in human history.  (I will allow that given human history, that might not mean a lot.)  And even though its imperfections betray its design as that of man and not of divine providence, it does have sacred qualities that should not be corrupted by either ideological position.  The Constitution does not allow for an absolute and unquestionable interpretation, whether it is by originalists or pragmatists.