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September Eleventh, a Citizenâ•Žs Responses Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2010 September Eleventh, A Citizen’s Responses (Continued): Introduction. George Anastaplo Loyola University Chicago, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Law Commons Recommended Citation Anastaplo, George, September Eleventh, A Citizen’s Responses (Continued): Introduction, 35 Oklahoma City L.R. 626 (2010) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. SEPTEMBER ELEVENTH, A CITIZEN'S RESPONSES (CONTINUJED FURTHER) George Anastaplo* INTRODUCTION......................................................... 627 1. THE MORAL ELEMENT IN FOREIGN POLICY DELIBERATIONS September 20, 2004................................................... 628 2. ON THE USE AND ABUSE OF AIR POWER: A PERSONAL RECOLLECTION AND ELABORATION November 16, 2004 .................................................... 635 3. SELF-RESPECT ANT) CITIZENSHIP: WORDS OF COUNSEL Mayl11, 2005 ........................................................... 639 4. A HELLENIC RETROSPECTIVE April 19, 2007 .......................................................... 652 5. OUR IRAQI FOLLIES AND THE PERHAPS INEvITABLE SEARCH FOR SCAPEGOATS July 8, 2007 ............................................................. 661 6. VICTORY, DEFEAT, AND NATIONAL MORALE July 20, 2007............................................................ 667 7. SEPTEMBER ELEVENTH, SIX YEARS LATER: ON DIAGNOSING AN ADDICTION September 11, 2007 .................................................... 672 8. THE PRESIDENT AND THE CONSTITUTION IN "WARTIME" September 24, 2007................................................... 679 9. THE LESSON(S) OF SALAMIS October 14, 2007 ....................................................... 686 10. WAR & PEACE IN THE CLASSROOM November 17, 2007................................................... 688 * Professor of Law, Loyola University of Chicago; Professor Emeritus of Political Science and of Philosophy, Dominican University; and Lecturer in the Liberal Arts, The University of Chicago; Ph.D., 1964, J.D., 1951, A.B., 1948, The University of Chicago. (No e-mail reception. See http://anastaplo.wordpress.com). 625 HeinOnline -- 35 Okla. City U. L. Rev. 625 2010 626 626 ~OklahomaCity University Law Review [Vol.[o.3 35 11. FREEDOM OF SPEECH IN"WARTIM4E" February 21, 2008 ...................................................... 692 12. ON PROPER RESPONSES TO OMINOUS CHALLENGES Spring 2008 ............................................................. 699 13. LABOR DAY, 2008: WHAT BELONGS TO WHOM? September 1, 2008...................................................... 702 14. OBLITERATION BOMBING AND THE RULES OF WAR September 2, 2008...................................................... 705 15. THE "WAR POWER" AND THE CONSTITUTION September 8, 2008...................................................... 711 16. ON FACING UP To TORTURE September 2008 ........................................................ 718 17. QUESTIONS LEFT BY MORTON SOBELL'S ANSWERS September 22, 2008 .................................................... 723 18. SEPTEMBER ELEVENTH, SEVEN YEARS LATER: BACK To BASICS? September 29, 2008 .................................................... 726 19. WAR & PEACE AND SOCRATIC CONSTITUTIONALISM October 11, 2008 ....................................................... 731 20. ON THE PROJECTION OF FORCE TO THE OTHER SIDE OF THE WORLD October 19, 2008 ....................................................... 737 21. SEDITION INWARTIME: THERsITEs AND THE TROJAN WAR October 27, 2008 ....................................................... 747 22. THE RULE OF LAW: A PROPER DEDICATION November 6,2008 ...................................................... 757 23. WAR &PEACE IN THE BIBLE November 13, 2008 .................................................... 761 24. FEARFULNESS AN) THE SEARCH FOR AN ELUSIVE "SECURITY" November 24,2008 .................................................... 767 25. THE GREAT WAR-A MONUMENTAL FOLLY? February 24, 2009....................................................... 775 26. LEO STRAUSS AND THE "NEO-CONS" July 29, 2009 ............................................................782 27. WHAT THE UNITED STATES CAN LEARN FROM CHINA AND) GREECE August 28,2009 ........................................................ 789 EPILOGUE: ON LEAVING WELL ENOUGH ALONE................................. 797 HeinOnline -- 35 Okla. City U. L. Rev. 626 2010 20101 2010]A Citizen 's Responses (Continued Further)67 627 28. SEPTEMBER ELEVENTH, EIGHT YEARS LATER: CHARACTER ANT) A PROPER RESPONSE TO CRIME September 14, 2009................................................... 799 29. THE PRESIDENCY, ESPECIALLY IN TIME OF WAR November 2, 2009 .................................................... 805 30. "BE NOT AFRAID.. .": REFLECTIONS ON THE CONSTITUTIONALISM OF FEAR November 12, 2009 .................................................... 810 CONCLUSION ................................................................ 818 APPENDIX: THE TERROR OF A SYSTEMATIC SLAUGHTER OF INNOCENTS.......... 828 INTRODUCTION' This Article is a law review sequel both to the two-hundred-page series of responses to the September Eleventh crisis published by me in the Oklahoma City University Law Review in 2004 2 and to the subsequent thirty-page series of responses published by me in the Loyola University Chicago International Law Review in 2006 . All of these materials offer (in a somewhat Thucydidean mode) periodic assessments of momentous events as they have developed since September 2001- sometimes inevitably repetitive assessments that have drawn in part on texts and events from other times and places, ancient and modern. A decade-long collection of these materials should be published in book form in 2011, for which it is anticipated that a Foreword will be supplied by Ramsey Clark (a law school classmate whose remarkable career includes service as Attorney General of the United States). Among the consequences of our ambitious Iraqi Intervention of March 2003 is the putting to a grim test the extent to which effective international law, as well as our domestic law, may depend on mutual respect and a shared ethical sense. The dependence of law upon moral standards grounded in nature, and not only in power, is questioned, in effect, by such judicial pronouncements as Erie Railroad Co. v. I. With permission of the author, all footnotes have been provided by the Oklahomza City University Law Review. 2. George Anastaplo, September Eleventh, The ABC's of a Citizen's Responses: Explorations, 29 OKLaA. CITY U. L. REv. 165 (2004) [hereinafter Anastaplo, September Eleventh]. 3. George Anastaplo, September 11th, A Citizen's Responses (Continued), 4 Loy. U. CMi. INT'L L. REv. 135 (2006) [hereinafter Anastaplo, Citizen's Responses]. HeinOnline -- 35 Okla. City U. L. Rev. 627 2010 628 628 ~OklahomaCity University Law Review [Vol.[o.3 35 Tompkins (193 8).~ The current problem here is illustrated by the last conversation I had with the late David P. Currie, an eminent constitutional law scholar; a conversation which consisted only of this exchange: G.A.: Does anyone, besides me, believe that Erie was wrongly decided? D.P.C.: No! G.A.: No one?! D.P.C.: No one!! However this may be, we have been obliged (seven decades after Erie) to assess, morally as well as strategically, the preemptive war launched by the United States seven years ago that has cost the Iraqis (a "country" one-tenth the size of our own in population) perhaps fifty thousand (if not even many more) lives and two million refugees and the United States four thousand lives and hundreds of billions (if not even several trillions) of dollars-with the future of the "country" thus taken over by us still left much in doubt. Also left very much in doubt, partly because of our Iraqi diversion, has been the eventual outcome of the NATO operation in Afghanistan, which had once seemed vital to our national interest. (Publication of this 2010 collection has been expedited by the efforts made by the editors of this law review to develop all of the footnotes for these materials.) 5 1. THE MORAL ELEMENT IN FOREIGN POLICY DELIBERATIONS September 20, 2004 1. Any serious effort to describe the career of Abraham Lincoln, either as aspiring politician or as President, has to recognize the limitations he faced in the policy to be developed respecting the continued existence of slavery in the United States. The aspiring politician-if he was to remain, during the first half of 4. Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938). 5. Remarks prepared for the Hans J. Morgenthau Conference, The University of San Diego, California, September 20, 2004. HeinOnline -- 35 Okla. City U. L. Rev. 628 2010 20101 2010]A Citizen 's Responses (ContinuedFurther)69 629 the nineteenth century, a serious contender in the political process of this country-had to concede to the South its constitutional right to retain slavery. Not to concede this was to seem to incite immediate dismemberment of the Union, undermining thereby one's credentials as a reliable politician. Even so, this concession by the Republican Party was not enough in the 1850s to satisfyi the "fire-eaters" among the Southerners. It was evident to Southerners, as it was to the country at
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