WASHINGTON—The Supreme Court ruled unanimously Wednesday that states may not impose excessive fines, extending a bedrock constitutional protection but potentially jeopardizing asset-forfeiture programs that help fund police operations with property seized from criminal suspects.
“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Justice Ruth Bader Ginsburg wrote for the court. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies,” she continued, citing examples from English history tracing to the Magna Carta.
More recently, the proliferation of fines has caught the attention of criminal-justice advocates, who contend they fall disproportionately on the poor and distort police priorities.
The opinion leaves open several questions regarding its ultimate impact, issues likely to percolate through lower courts as defendants challenge fines.
The Indiana Supreme Court ruled that the Eighth Amendment protection from excessive fines applied only to the federal government not the states. That initially was so after the Bill of Rights was ratified in 1791, but the U.S. Supreme Court long has held that the 14th Amendment, adopted after the Civil War to prevent states from infringing on individual rights, extended nearly all its protections to all levels of government.
Wednesday’s decision confirmed that the Eighth Amendment contained no exceptions. “The historical and logical case for concluding that the 14th incorporates the Excessive Fines Clause is overwhelming,” Justice Ginsburg wrote.
We get the term “postmodern,” at least in its current, philosophical sense, from the title of Jean-François Lyotard’s 1979 book, “The Postmodern Condition: A Report on Knowledge.” It described the state of our era by building out Lyotard’s observations that society was becoming a “consumer society,” a “media society” and a “postindustrial society,” as postmodern theorist Fredric Jameson points out in his foreword to Lyotard’s book. Lyotard saw these large-scale shifts as game-changers for art, science and the broader question of how we know what we know. This was a diagnosis, not a political outcome that he and other postmodernist theorists agitated to bring about.Another thinker, Jean Baudrillard, developed the concept of the “simulacrum,” a copy without an original, that leads to the “hyperreal,” a collection of signs or images purporting to represent something that actually exists (such as photos of wartime combat) but ultimately portraying a wild distortion not drawn from reality... By the 1980s, conservative scholars like Allan Bloom — author of the influential “The Closing of the American Mind” — challenged postmodern theorists, not necessarily for their diagnosis of the postmodern condition but for accepting that condition as inevitable... Unlike so many of today’s critics, Bloom understood that postmodernism didn’t emerge simply from the pet theories of wayward English professors. Instead, he saw it as a cultural moment brought on by forces greater than the university... Bloom was particularly worried about students — as reflections of society at large — pursuing commercial interests above truth or wisdom. Describing what he saw as the insidious influence of pop music, Bloom lamented “parents’ loss of control over their children’s moral education at a time when no one else is seriously concerned with it.” He called the rock music industry “perfect capitalism, supplying to demand and helping create it,” with “all the moral dignity of drug trafficking.”.. Kimball called “Tenured Radicals,” in his 1990 polemic against the academic left. At the heart of this accusation is the tendency to treat postmodernism as a form of left-wing politics — with its own set of tenets — rather than as a broader cultural moment that left-wing academics diagnosed... it treats Lyotard and his fellows as proponents of a world where objective truth loses all value, rather than analysts who wanted to explain why this had already happened... If you’re going to claim that Trumpism and alt-right relativism are consequences of the academic left’s supposition about what was happening, you must demonstrate a causal link. But commentators looking to trace these roots play so fast and loose with causality that they could easily be called postmodernist themselves... It is certainly correct that today’s populist right employs relativistic arguments: For example, “identity politics” is bad when embraced by people of color, but “identitarianism” — white-nationalist identity politics — is good and necessary for white “survival.” But simply because this happens after postmodernism doesn’t mean it happens because of postmodernism.. figures such as “intelligent design” theorist Phillip Johnson and conspiracy theorist Mike Cernovich cite the influence of postmodernist theory on their projects. Yet, as McIntyre acknowledges — and documents extensively in his book — right-wing think tanks and corporate-backed fronts — like tobacco industry “research” — had already established an “alternative facts” program for the right, long before creative misinformation entrepreneurs came around... because reading postmodern theory is so notoriously difficult — partly because of how philosophical jargon gets translated, and partly because so much of the writing is abstruse and occasionally unclarifiable — an undergraduate (as in Cernovich’s case) or a layperson will almost inevitably come away with misreadings... Hannah Arendt’s 1951 “The Origins of Totalitarianism”: “The ideal subject of totalitarian rule is not the convinced Nazi or the convinced communist, but people for whom the distinction between fact and fiction . . . and the distinction between true and false . . . no longer exist.”.. “The deliberate falsehood and the outright lie used as legitimate means to achieve political ends,” writes Arendt in her 1971 essay “Lying in Politics ,” “have been with us since the beginning of recorded history.”.. Fredric Jameson’s reflections on conspiracy theory (“the poor person’s cognitive mapping in the postmodern age”) aren’t what’s convincing people to believe that climate change is a hoax or that the Democratic Party has been running a pedophilia ring out of a Washington pizza parlor.
.. Likewise, the claim that the Trump-Russia investigation is — as Trump said on national television — a “made-up story,” an “excuse by the Democrats for having lost an election,” is not a postmodernist critique of the evidence the Mueller investigation has gathered. So it’s a massive category error to call Trump’s post-truth politics “postmodernist.” It’s just the say-anything chicanery of the old-fashioned sales pitch... it’s clear that the real enemy of truth is not postmodernism but propaganda, the active distortion of truth for political purposes.Trumpism practices this form of distortion on a daily basis. The postmodernist theorists we vilify did not cause this; they’ve actually given us a framework to understand precisely how falsehood can masquerade as truth.
The Republican Party is learning what should have been obvious from the outset: Mr. Trump’s chaotic personality can’t be contained.
.. combining it with the awesome power of the presidency virtually guaranteed he would become more volatile and transgressive.
His presidency is infecting the entire party.
.. The Republican Party once championed the principles of liberty and limited government, yet Mr. Trump is indifferent to them.
Republicans once sought to strengthen relations with Mexico; today they delight in antagonizing our neighbor. Not long ago, Republicans made outreach to Hispanics a top priority; today the signals that the president and his party send are that Hispanics are alien, unwelcome, nothing but trouble.
In 2012, Republicans defended Mitt Romney when he said Russia was our biggest geopolitical threat; today they are wholly untroubled by its effort to subvert the 2016 presidential election.
.. Republicans have long argued that human rights should play a central role in American foreign policy, from the presidency of Ronald Reagan through George W. Bush’s. Today human rights are viewed at most as an afterthought.
.. At the national level the Republican Party has become a destructive and anarchic political force in American life.
.. Rather than nourishing a sense of gratitude, he stokes grievances.
.. One White House aide, asked by The Washington Post whether John Kelly, the president’s chief of staff, could have been more truthful or transparent about the dismissal of the staff secretary Rob Porter, answered honestly: “In this White House, it’s simply not in our DNA. Truthful and transparent is great, but we don’t even have a coherent strategy to obfuscate.”
.. All of this is antithetical to conservatism. On balance, Republicans are seeking to conserve very little
.. The Republican Party once prided itself as a defender of objective truth against postmodernism. Today, it has become the party of perspectivism — the view, articulated by Nietzsche, that all truth claims are contingent on a person’s perspective rather than on fundamental reality. “It is our needs that interpret the world,” Nietzsche wrote in “The Will to Power.”
.. the institutional expression of Donald Trump’s distorted and impulsive personality.
.. Party leaders who were once willing to challenge Mr. Trump, to call him out now and then, are now far more compliant and therefore far more complicit.
.. Mr. Trump was and remains the people’s choice — evidence that, while the president has accelerated the worst tendencies of the Republican Party, he is not solely responsible for them. He did not appear out of thin air.
.. Americans are longing for a more ennobling, less exhausting political leader.
.. people are tiring of the incessant conflict created by politics these days.
.. But as long as Mr. Trump is president, they will feel this way. He won’t change, and neither will the Republican Party. That’s how institutional corruption happens, from the top down.
.. “I mean, the Russians succeeded, I believe, beyond their wildest expectations. Their first objective in the election was to sow discontent, discord and disruption in our political life, and they have succeeded to a fare-thee-well. They have accelerated, amplified the polarization and the divisiveness in this country, and they’ve undermined our democratic system. They wanted to create doubt in the minds of the public about our government and about our system, and they succeeded to a fare-thee-well.”
“They’ve been emboldened,” he added, “and they will continue to do this.”
.. Trump’s rhetoric is “downright scary and disturbing,” Clapper agonized in an extraordinary monologue on live TV in August, amid Trump’s “fire and fury” threats toward North Korea. He questioned Trump’s “fitness for office” and openly worried about his control over the nuclear launch codes. In our conversation, Clapper didn’t back off one word of it, slamming Trump’s lies, “distortions and untruths.”
.. And he is certainly no liberal partisan: just ask Democrats like Oregon Senator Ron Wyden, who excoriated Clapper for what appeared to be misleading a Senate committee about the intelligence community’s surveillance of private U.S. citizens, information later revealed by Edward Snowden’s disclosures. (His testimony was “a big mistake,” Clapper now says, but not “a lie.”
.. a tough-minded former Air Force lieutenant general who once said, “I never met a collection capability I didn’t like.”
.. “It’s a very painful thing for me to be seen as a critic of this president,” he told me, “but I have those concerns.”
.. what he did when then-President-elect Trump first started attacking the intelligence community’s Russia findings. He didn’t publicly blast Trump—he called him on the phone.
.. more significant Russian arms-control violations of the Intermediate Nuclear Forces Treaty. “If you look at what Russia is trying to do to undermine us, and the modernization of their strategic nuclear forces—and they only have one adversary in mind when they do that
.. appearing to lecture Americans on why only that small percentage of citizens who have served in the military could understand the nature of their sacrifice.
.. He took particular issue with White House spokeswoman Sarah Huckabee Sanders’ comment that Kelly’s word about the congresswoman should not be second-guessed because he had been a four-star general, a remark Clapper called “absurd.”
.. worried about the Trump era as the new age of militarized government, not only with Kelly as chief of staff but also a sitting lieutenant general, H.R. McMaster, as national security adviser, and a former general, James Mattis, as defense secretary. Clapper said that while he has “a visceral aversion” to generals “filling these political, civilian positions,” he’s nonetheless “glad they’re there.”
.. he fears that “some of this intemperate, bellicose rhetoric” between Trump and North Korean leader Kim Jong Un could lead to a “cataclysmic” war.
The risk, he said, came primarily from Kim miscalculating as a result of Trump’s heated words.
.. “Kim Jong Un doesn’t have any advisers that are going to give him objective counsel. He’s surrounded by medal-bedecked sycophants, who dutifully follow him around like puppy dogs with their notebooks open, ascribing his every utterance, and pushing back against the great leader is not a way to get ahead,” Clapper said. “And so I do wonder what Kim Jong Un’s ignition point is, when some insult that’s been hurled at him by the president will just ignite him.”
.. The 25th Amendment that people bring up is a very, very high bar for removal, and appropriately so. And if that were to happen—and let’s just say for the sake of discussion there were an impeachment, even less likely a conviction—all that would serve to do is heighten the polarization and the divisiveness, because the base will never accept that, and that would just feed the conspiracy theories.”