Nina's Reading Blog

Comments on books I am reading/listening to

Archive for January, 2018

Impeachment: A Citizen’s Guide

Posted by nliakos on January 5, 2018

by Cass R. Sunstein (Harvard University Press 2017)

Constitutional law scholar Cass R. Sunstein has written a book about impeachment for everyone who is feeling the need to understand this process a little better as we head into 2018 after the tumultuous first year of Donald Trump’s presidency. Sunstein never mentions Trump by name, but it is very clear that he is thinking of him.

The book begins with a brief history of impeachment first in English and then in American jurisprudence. Sunstein summarizes the discussions among the framers of the Constitution concerning impeachment (which is front and center in Article 1, Section 2) and trial (Section 3) and then moves to the debate by those who ratified the Constitution in the different states, because those debates (unlike those of the framers) were public and thus representative of what citizens knew about impeachment.  He spends a lot of time examining the concepts of “high crimes and misdemeanors” and what those might be. He presents actual cases of impeachment (of presidents and judges), in particular the most recent cases of Nixon (never actually impeached because he resigned and was then pardoned before he could be indicted) and Clinton (whose impeachment was purely political) and then, in Chapter 7, “Twenty-One Cases,” he presents hypothetical cases of impeachment: first, two sets of “easy cases”, in which impeachment is obviously called for (first set of nine), or obviously not called for (second set of five). The final set of six consists of “harder cases” where the path is not clear, and reasonable people could disagree. In each case, Sunstein explains why the case is obvious or not. I found this chapter very enlightening.

The first easy case (“impeachable”), interestingly, seems very obviously to be based on Donald Trump’s behavior with Russia: A president has admiration and sympathy for a foreign nation that wishes to do harm to the United States. While in office, he reveals classified information to leaders of that nation, with the clear intention of strengthening it and of weakening his own country. The president can be impeached. He may have committed treason. . . . The only thing is that we cannot be sure of Trump’s intention when he shared highly classified information with the Russian ambassador and foreign minister in May 2016. His “admiration and sympathy for” Vladimir Putin was well known; but it is not clear whether he actually understands that Russia “wishes to do harm to the United States”, so his intent is unknowable (or so it would seem to me). (This is like trying to prove corrupt intent in a case of obstruction of justice. Not easy to do.)

There is also a chapter on the 25th Amendment to the Constitution, which provides for the removal of the president from office, temporarily (as when he becomes too ill to do his job, perhaps during a hospitalization and surgery) or permanently, in the case of permanent disability, either physical or mental. The president can temporarily transfer his power to his Vice President; or if the President is incapacitated, his cabinet can transfer the power. Sunstein shows how the 25th amendment differs from impeachment in terms of when it would be applied.

Chapter 9 is a quick-and-dirty guide: “What Every American Should Know”. Some of the information here repeats that which has already been said, but in a more concise form. He also includes information that he has not already presented, such as Can federal courts–or the Supreme Court–stop an unconstitutional impeachment? (No) Must representatives impeach a president who has committed an impeachable offense, and must senators convict him? (Yes?) Can a president be sued for official acts? (No) Can s/he be sued for reasons other than official acts? (Yes) And so on.

It is not impossible that we will witness the impeachment and trial of Donald J. Trump during the next three years. While it is not likely that this will happen as long as the GOP retains control of the Congress, that situation could change; midterm elections are coming up in just over ten months, with the victors beginning their terms at the beginning of 2019. So it is a useful exercise to review the impeachment process, and Sunstein’s guide is a good place to start.

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Every Day I Fight

Posted by nliakos on January 2, 2018

by Stuart Scott with Larry Platt (Blue Rider Press 2015)

I can’t remember why I added this book to my To-Read list. I had never heard of Stuart Scott; I never watch ESPN, where he anchored the show SportsCenter. I am not interested in sports, and passages such as the following, common in this book, are unintelligible to me: In 1999, just before announcing that Vince Carter–Tar Heel!–was the runaway Rookie of the Year, I broke down a dunk by him that everyone had been calling a 360-degree throw-down. Only it wasn’t. “I gotta drop some knowledge,” I said, while footage of Vince’s slam played on the screen behind me. “Vince Carter’s late-season 360 dunk was not really a 360. let me show you.” At this, we played a clip of a recent Kobe 360. “Most guys do a true 360–they start to their right, complete the circle, slam it.” Now we played Vince’s. “Vince basically did, like, a 450–he started the other way, went all the way around before ripping the rim.”  Suffice it to say I got none of that. I have never heard of most of the names Scott drops (exceptions: Tiger Woods, Michael Jordan), did not get the sports references, and was befuddled by the African-American dialect he used on screen and sometimes in the narrative.

But Every Day I Fight is fundamentally a memoir of cancer. We get the back story, of how Scott worked his way up to his anchor position at ESPN, his first marriage, the birth of his daughters, and so on. But the focus of the book is his seven-year battle against appendiceal cancer. While undergoing chemotherapy and multiple surgeries, through clean scans and then new growths as the cancer kept coming back in new places, Scott continued to work when he was able and, incredibly, liked to follow bouts of chemotherapy with intense physical workouts, including mixed martial arts, a five-mile “Savage Race” and something called P90X. He insists that this made him feel better and gain weight. It’s not what most people would choose to do after chemo. Through it all, he was motivated by his love for his daughters, Taelor and Sydni. And he was able to bask in their presence as the cancer slowly destroyed his body–living in the now, not focusing on the future he would not have. I was crying as I read the final chapters.

I appreciated Scott’s insights into being a dad, a celebrity, a journalist, and in particular, a cancer patient. For example, he writes that once you have a cancer diagnosis, even if you are found to be “cancer-free”, your life is forever changed: My Buddy Brian wakes up feeling sore in the morning and thinks, “Man, this getting-old thing is a pain.” I wake up feeling sore and think, “Is that cancer? Is it back?”  Towards the end of the book, he writes, Well, when I started writing stuff down, I promised to keep it real, so I’ve gotta confess: I’m feeling that way (sick, tired, and depleted) now, with you. I’ve been filling up these pages with this cancer talk, and it’s gotten to the point where I can’t stand my own voice. I feel repetitive and pathetic and self-centered. . . .

When Scott writes about “keeping it real,” I am reminded of my friend Rhona Hall, who died of cancer in May of last year. Rhona often said to me, “That’s what I like about you, Nina–you always keep it real.”  I hope I will have the integrity and the courage to keep it real with my friends, my family, and myself in the coming years.

Posted in Autobiography, Memoir, Non-fiction | Tagged: , , , , | Leave a Comment »