Stop Whining!

The last few weeks were quite dramatic for American judicial system. We were told that the Constitution forbids an absolute ban on an individual owning a gun. We saw that the death penalty cannot be applied to individuals guilty of raping a child. And we learned that there continue to be limits, what that means has yet to be determined, on the extent to which the government can minimize the legal rights of detainees.

Along with many of you, I've read and listened to the complaining, the bitching and the moaning about each of these decisions (yes, I do read the Conservative blogs as well).

The Supreme Court got it wrong. Scalia is a (pick your favorite term). The liberals/conservatives are (another term). Sometimes the statements are more articulate, and on rare occasion I see a hint of empathy towards the other side. But, by in large, most comments come off as whining about the fact that the Court decided against one's side, with zero appreciation of the fact that at least there's a relatively fair system.

I'm hear to tell you that you before you start your next gripe session, you need to watch Ganja Queen.

Ganja Queen is an HBO documentary about a 30-year-old woman who gets caught smuggling 9+ pounds of pot into Indonesia. Read a good summary of the film here. She maintained that the drugs were planted and the movie presents some evidence to support her position.

Regardless, she is convicted (and subsequently lost two appeals) to 20 -- yes, that would TWENTY -- years in prison, avoiding a possible death sentence.

I strongly suggest you see the movie. And although I passionately support your First Amendment right to express your opinion about how F'ed up you think our system is, (kindly reminding you that arguments tend to be a lot more persuasive) you might just get a reality check before you go off on why -- the Justices, the Court, the laws -- suck.

Comments

[ggm68]

I was in Australia during time that the Schapelle Corby story was dominating the news. The question I could never get a good answer to was this: Why on Earth would someone be trying to smuggle ganja INTO Indonesia?

Anyway, we can point to what's wrong with systems of government and of "justice" in other parts of the world all day long. Being more "just" than Indonesia doesn't mean there isn't room for improvement here at home.

[Gma11]

You are absolutely right.

I've been in a Bolivian jail.

I was also with a group of six shortly after the U.S. bombed the airport in Panama City. We were only transferring through Panama. But we missed our late night plane. So we had to pick up everything and were marched by soldiers holding machine guns to the part of the airport that was missing part of its roof. And that's where we had to stay all night. Under guard.

Other examples could be recited.

We are DAMNED fortunate. And, IMO, we are incredibly spoiled and narcissitic.

[Frank Dwyer - Huffpost Blogger]

What a pompous and condescending post. Some of us think our "whining" about the Constitution is not only the best but the only way to keep this country from becoming the country you so disdainfully use to make your silly point.

[JimR]

Sounds to me like you're the one being pompous and condescending.

[malcolmfriedberg]

Frank - you missed the point. You don't honestly think that whining about anything is "the only way to keep this country...­", do you?

Most of what I read is people complaining about how F'ed-up our system is because the Court decided this way or that. Where's the acknowledgement of the other side's point of view, where's the perspective of I disagree but see how the Court reached its decision, in other words, where's the mature dialogue that actually moves a conversation forward (we are all in this together, aren't we)?

I agree with Gma11 that we are "spoiled," a fact which I believe reflects itself in the way we talk (i.e. whine) about the Court. I think seeing how the judicial system works in another country might change people's tune.

[Frank Dwyer - Huffpost Blogger]

"Whining" was your word. I don't think demanding that people who have sworn to uphold the Constitution stop trashing it is whining. I'm sorry I was rude in my previous comment, but I am angry and I think you should be too. I think you have missed my point. If we no longer have, say, the protection of habeas corpus, we're well on the way to having Indonesian justice. Maybe not for you or me, not yet. But putting ourselves in the shoes of those who don't think habeas corpus is important, and simultaneously patting ourselves on the back about how wonderful we are, is a prescription for disaster. I believe we have slipped into fascism: what else is it when the Attorney General nominee says the President can ignore any law he chooses and the Opposition Party leaders confirm him anyway? It took Hitler a special act of the Reichstag to achieve that power, and Bush has it by fiat. I don't think there are two sides to all issues: sometimes there is good versus evil. The reality check we need is why so many of us who should know better aren't angry, why we are so complacent and indifferent, so proud of being American even as we let the meaning of America be violently diminished, even as we let our country slide into just the sort of government your piece deplores.

[Titonwan]

Now I'm told to shut up about FISA I guess. Be grateful, I suppose. I wouldn't have enlisted those many years ago, if I knew this is where our country was going. I used to be proud of this country. I'd like to be proud again. But that's asking too much, huh.

[JimR]

The author didn't tell you to shut up. Nobody told you to shut up. Nobody told you you have to be grateful.

Did you start complaining about FISA in 1978, when it was enacted? Or was it only when Bush started circumventing that law to suit his own purposes? The pending bill in the Senate, despite the hysterics of many on the left, restores due process and oversight. Why is that a bad thing? (Not referring to the immunity here, which I do oppose.)

[Michale32086]

The immunity issue isn't that bad...

It's still possible to make the Telecomms pay, if there is something to be paid for.

The only thing is NOW, you can't get rich or force the Telecomms into bankruptcy when you do it..

Michale...­..