Judicial Activism

In his recent book on the United States Supreme Court under Chief Justice John Roberts, CNN’s Jeffrey Toobin contends that Roberts and other conservatives are “judicial activists.”  Judicial activism, he posits, is when the judiciary overrules democratically elected branches of government.

Toobin has a First Amendment right to define judicial activism however he wants, but he is being disingenuous.  “Judicial activism” generally has a negative connotation.  When is the last time you heard a Supreme Court Justice proudly proclaim “I am a judicial activist!”?

Courts, including the Supreme Court, play an important role in our constitutional system that includes checks and balances.  When democratically elected branches of government violate the Constitution, Justices have an obligation to declare their actions void.  This should not be called “activism,” it should be called “doing their job.”

 

Russell Train and Republican Environmentalism

Note: This note was written by Laura Jane Gifford, an adjunct professor of politics at George Fox University.

I was saddened to learn that former federal tax court judge, Nixon administration official and president and CEO of the World Wildlife Federation Russell Train died last week at the age of 92.

No, none of those job titles are typos.  And yes, he was a member of Nixon’s party as well as his administration.

In this era of fractious political disagreements—disagreements that threaten to create an ever-widening chasm in place of the historically fertile grounds of compromise—it is easy to forget that men like Russell Train once existed.  Train’s interest in environmentalism stemmed from his experiences on African safari in the 1950s and grew to encompass a strong conservationist ethic.  Channeling the gospels of efficiency and expertise that characterized his Progressive Republican forebears, Train began by helping to create the African Wildlife Leadership Foundation, charged with training postcolonial Africans to professionally manage their wildlife resources; by 1965 he felt sufficiently committed to the conservationist cause to resign his position as a judge and become head of the Conservation Foundation.  As his biographer Brooks Flippen put it, “He did not share the attire—or the youth—of many of the new environmentalists but, like them, questioned traditional assumptions.  He may not have recognized it at the time but he stood at the fore of a revolution in American attitudes.”[1]

Train believed in conservation; he was also profoundly pragmatic.  Placed in charge of a transition team researching environmental policy, Train discovered he’d been seated next to the incoming president at a dinner a few days before Nixon’s inauguration.  He seized his opportunity to make a case for the environment in terms he knew Nixon would find compelling.  “I knew I couldn’t talk him into becoming an instant environmentalist,” Train recollected, “but it seemed entirely possible that he could become an effective proponent of environmental programs if it seemed to him good politics to do so.  I have never for a moment doubted the wisdom of that decision.”  Train spoke of how environmental issues touched a broad spectrum of the electorate, about how they could serve as a unifying issue in their era’s fractious political climate.  “Quality of life” issues, he convinced the new president, were important—and politically advantageous.[2]

The years of the Nixon administration, then, were also the years of the Clean Air and Water Acts, the creation of the Environmental Protection Agency and governmental cooperation in observation of the first Earth Day.  Train worked in the administration as Under Secretary of the Interior, in the executive office and then as head of the Environmental Policy Agency, a role in which he continued under Gerald Ford.  Train did not always find administrations hospitable to his plans; following the 1972 election, in particular, Nixon soured somewhat on environmentalism’s political possibilities and the energy crisis began to overshadow other efforts.  Still, Train described himself as a “moderate conservative,” committed to working within his party and his ideological framework for environmental protection.  His commitment displays the potential that existed in the 1970s for Republican—even conservative Republican—political philosophy to follow an environmental track.  “To my mind,” he explained, “to oppose environmental protection is not to be truly conservative.  To put short-term financial gain ahead of the long-term health of the environment is a fundamentally radical policy, as well as being unethical.  Conservation, which is essentially no more and no less than protection of the natural capital with which we have been endowed, should be seen as truly conservative.”[3]

Today, the lines between left and right have become more firmly drawn—and environmentalism appears squarely on the left.  This was an outcome with which Train was profoundly unhappy.  Torn between loyalty and irritation during the Reagan years, he preferred to remain aloof from politics, prompting criticism from other environmental leaders.  Train found his longtime friendship with George H. W. Bush strained when, already concerned by the “mystifying and frustrating” ascendancy of neoconservative positions during Bush senior’s time in office, he felt compelled to speak out in opposition to George W. Bush’s environmental policy in the early 2000s.[4]

Train was as proud of his religious legacy as he was of his Republican heritage.  Train was a leader in St. John’s Episcopal Church on Washington’s Lafayette Square, following in the footsteps of his father.  His worldview was shaped by his faith, leading him to articulate a profoundly humane conception of environmental protection’s importance.  “We don’t really have the option of not paying pollution costs at all,” he reflected.  “The only question is in what form we pay them—in higher electricity bills or in higher doctor bills and higher rates of mortality and morbidity.”[5]

Thoughtful Christians can reach very different conclusions regarding how we should serve as stewards of God’s creation.  Train’s life prompts careful reflection, however, upon the dichotomies we so often construct.  “Conservation” does, after all, share a root with “conservative.”  “Republican” need not sit in opposition with “environmentalist” (and “Democrat” is not necessarily an equivalent term).  Train thought deeply and acted intentionally across boundaries.  Our own careful consideration might illuminate new opportunities for enlightened stewardship.



[1] J. Brooks Flippen, Conservative Conservationist: Russell E. Train and the Emergence of American Environmentalism (Baton Rouge: Louisiana State University Press, 2006), 6.

[2] Russell E. Train, Politics, Pollution and Pandas: An Environmental Memoir (Washington, D.C.: Island Press, 2003), 10.

[3][3] Train, xi, xiii, 332.

[4] Flippen, 10.

[5] Train, 189-90.

 

 

Podcast on Christian Responses to Terrorism

Link

Anthony Gill, host of the podcast Research on Religion, interviewed me on September 14 on the topic of Christian responses to terrorism.  Our conversation was particularly timely considering the wave of outrage across much of the Muslim world in response to the “Innocence of Muhammed” video.

Dr. Gill has posted the interview at the Research on Religion site. You can access it here.  The podcast lasts 72 minutes.  I hope you enjoy it.

Romney and American Exceptionalism: The Impact of Mormonism?

What does the emergence of Mitt Romney as a Presidential candidate tell us about the American political story? Regardless of whether or not the Republican ticket wins the November election, the possibility that the nation could elect a Mormon as President has much to tell us about what makes America unique. And there could be profound political implications that stem from these beliefs that we should carefully consider. Here, I’ll focus mainly on the foreign policy dimensions and leave the domestic implications for another post.

In Mormonism, we have a set of beliefs based on revelations given to a 19th century American in upstate New York that has given birth to a religion with millions of adherents. The LDS (Latter Day Saints) Church has, at its core, a very strong sense of American exceptionalism as part of God’s holy plan. As Malise Ruthven assessed recently in the “New York Review of Books,” Mormonism’s founder Joseph Smith had views very similar to Christian fundamentalists raised on literal interpretations of the Book of Revelation, i.e. that the Savior’s return was imminent, presaged by a Great Tribulation and the restoration of Israel. The difference was that Mormons believed then that they were the lost Israelites, and that the Book of Mormon would be a vehicle by which to convert Jews into the Kingdom of God.

Moreover, America (and the Americas) was argued to be not only a land of promise but, according to the Book of Mormon and church leaders since, the world’s most exceptional land that was actually visited by Jesus Himself. The head of the LDS in 1987 said that:

“Our Father in Heaven planned the coming forth of the Founding Fathers and their form of government as the necessary great prologue leading to the restoration of the gospel. Recall what our Savior Jesus Christ said nearly two thousand years ago when He visited this promised land: ‘For it is wisdom in the Father that they should be established in this land, and be set up as a free people by the power of the Father, that these things might come forth’ (3 Ne. 21:4, the Book of Mormon). America, the land of liberty, was to be the Lord’s latter-day base of operations for His restored church … For behold, this is a land which is choice above all other lands; wherefore he that doth possess it shall serve God or shall be swept off; for it is the everlasting decree of God.”

Thus, Mormonism is the perfect form (or offshoot, depending on your views) of Christianity for extreme nationalism. It believes Jesus visited America, that the Garden of Eden was somewhere in Missouri, and that sees the US Constitution as an integral part of the divine order (which Jesus apparently personally foresaw in his appearances in America two millennia ago, and blessed).

Does this have implications for American foreign policy today? It’s hard to say, especially given that there are Mormons on both the left and right (Harry Reid is a Mormon and leader of the Senate Democrats, for example). But what if the possible leader of the free world emerges from a church sect – and personally believes himself – that asserts America alone has divine permission to do what it wants in the wider world, that America is subject to different standards than everyone else, and that geopolitics is about the global supremacy of the modern world’s first divinely ordained nation? At the very least, these views are very symmetrical with those neoconservatives (in the Republican party) who helped push the United States into war with Iraq from 2003-2011.

Might a Romney administration go down the same road? Perhaps a clue comes from Mitt Romney’s views of Iran and his relationship with Israel’s current leader. In June, Romney suggested that an attack on Iran was a question of the very survival for the United States: “we cannot survive a course of action [that] would include a nuclear Iran. We must be willing to take any and all actions.” More critically, he is known to have a close relationship with the current leader of Israel, Benjamin Netanyahu, who the retiring director of Israel’s internal security service Shin Beit criticized earlier this year for making decisions – such as potentially attacking Iran – based on “messianic feelings.” Will a President Romney undertake to attack Iran and forcibly prevent it from acquiring nuclear weapons?

In fact, we don’t know much about Romney’s foreign policy at this point because the 2012 presidential election has been framed by his campaign as almost entirely one focused on domestic policy. Notwithstanding the recent crisis in the Middle East, foreign policy statements by his campaign have been largely platitudes and not very specific about how Romney would conduct his own foreign policy. And because Romney has been exceedingly private about his faith, we don’t really know the extent to which Mormonism and its dogma might specifically impact a potential Romney presidency. But we do know this: nominating a candidate for President – and potentially electing him – who emerges from a religion that explicitly, at its core founding and in its core beliefs, posits that America is not only divinely blessed but indeed an exceptional place with the most important mission to play before the Second Coming, is a revealing turn in American history. While we’ve elected Presidents before accused of being inspired by Christian fundamentalist beliefs of the “end times” – George W Bush was often attacked for this, especially after the invasion of Iraq – having one in office from a sect that was founded specifically on the principle of a divinely-ordained American exceptionalism is, simply, remarkable.