Site icon JONATHAN TURLEY

Can We All Get Along?

Submitted by: Mike Spindell, guest blogger

 

“People, I just want to say, you know, can we all get along?” Rodney King 5/1/92

 

The arguments and divisions politically here and throughout this country are rampant and destructive. Anger and hatred of others of differing opinions rises at times to fever pitch and I admit that I am part of the problem as much as anyone else is. This is a somewhat different piece in that I am going to present some national problems, as I see them and elicit your comments on them, in an attempt to discover whether there is some common ground agreement, on some things plaguing our society. While I am more interested in whether or not people agree that these are indeed problems for us all to consider and work to solve, it is certainly apropos for people to comment on what they believe the solutions to be.

 This is an experiment on the viability of people agreeing on the premise that a problem exists in a given area. We cannot begin to resolve issues, unless we first agree that they are issues to be contemplated by the entire body politic. My hope is to engender real, civil discussion and perhaps at the end reach something like consensus. This is not a plea for Bi-Partisanship because to me that is a fantasy, whoever may utter it. To be “partisan” is to hold strong opinions and srong opinions do not resolve themselves into agreement. The resolution reached by “partisans” is always one of compromise, without either side changing their core beliefs, but agreeing to take part of the loaf. I am “experimenting” to see if many of the diverse viewpoints represented here can at least agree that a specific issue is indeed a problem, or if it is indeed an issue. Beyond writing this, I will not take part in the ensuing discussion,  since the formulation itself indicates my views on whether these are indeed problems. I will limit my questions to legal issues, with no particular order of importance intended.

A. Does the fact that we have the highest incarceration rate of any nation in the world indicate a problem?

 B. Given the overcrowding and long delays inherent in our legal system, do we need to do something to reform it?

 C. Have our Constitutional Rights been diminished?

 D. Has the policing authority both State and Locally been extended beyond permissible bounds.

 E. Has the War on Drugs been a failure and added to addiction rather than restricting it?

 F. From the perspective of criminal/civil procedure, has the Right to Privacy been terminated and/or restrictively diminished?

 G. Does State and Federal Government have the right to criminalize non-coercive sexual acts between adults?

 H. Should the States and Federal Government admit the “War on Drugs” is a failure and seek new methods to deal with addiction?

 As an illustration of what I am looking for I will present this. FFLEO and I both voted for Barack Obama, even though FFLEO and I have very different political and partisan beliefs. Yet we both agree that he has been an awful President. Where we respectfully disagree is that he has stated he will never vote for Obama again and I have stated I might, if there are no alternatives that seem viable. The most important element is that we, though vastly different politically, agree on the nature of the problem. With that agreement, there comes a mutual respect and a future hope of resolution, even though one is not now apparent or even likely. If there is no agreement on whether something is at least a problem, then the legacy of that disagreement is ongoing, unresolved strife.

 Submitted by: Mike Spindell, guest blogger

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