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The Political Lessons Of ‘Harry Potter’

J.K. Rowling’s Harry Potter novels and the movies based on them have been the most important ongoing pop culture event in the world for the last decade and a half. As I wrote in the Atlantic, I think the reason they’re a permanent part of the canon is that Rowling achieved something really unusual in writing a moral novel that feels particularly applicable to contemporary politics, but that is timeless not just by dint of quality but by design.

1. Torture is wrong. J.K. Rowling’s adamant that torture and indefinite detention are morally wrong and counterproductive. Barty Crouch, Jr. is a nut, but he’s clearly radicalized and made even crazier by his experience undergoing psychological torture at Azkaban. Sirius Black is imprisoned there without a trial — can you imagine what the punitive damages would be in a wrongful imprisonment case if there were dementors involved? Bellatrix Lestrange’s addiction to torture warps her morally — and she doesn’t get any useful information out of Hermione when she tortures the younger woman at Malfoy Manor. Harry tries torturing people several times, but can’t do it, and in the end, his preference for less coercive tactics helps him beat Voldemort.

2. Universal health care is pretty much a necessity. Can you imagine what Neville Longbottom’s financial future would be like if he had to pay for his parents’ long-term care at St. Mungo’s? Magic’s an incredibly dangerous business, and whether you’re getting all the bones accidentally removed from your arm or getting bitten by a giant snake, it’s lucky that St. Mungo’s Hospital for Magical Maladies and Injuries appears to operate along the same lines as the National Health Service.

3. Bureaucrats are heroes. Whether it’s Mr. Wealsey’s unheralded service in the Misuse of Muggle Artifacts Office, or the lessons of Kingsley Shacklebolt’s time as an auror that made him a strong leader of the Order of the Phoenix, and later, Minister of Magic, bureaucrats are often heroes in Rowling’s universe. When the bureaucracy’s corrupted by people like Dolores Umbridge under Voldemort’s rule, it’s a genuine tragedy.

4. Rita Skeeter is Rebekah Brooks. How much easier would it have been for News of the World to carry out its phone hacking scheme on a grand scale if it had just employed a bunch of Anamagi with low morals. In between the Quibbler, which doesn’t have enough credibility to carry the day when it’s right, and the Daily Prophet, which is badly in need of a public editor, the Harry Potter universe needs a magical equivalent of the New York Times.

5. Good intelligence makes good policy. Cornelius Fudge’s dithering as Voldemort rose is one of the most profound political failures of the novels. His distrust of good intelligence, suspicion of people who operate in good faith, and failure to act once he’s convinced of the truth directly enable Voldemort’s rise. If Fudge had been willing to act, he might have had to do ugly things to forestall Voldemort’s rise, like arresting Death Eaters on flimsy charges (and even then, Azkaban might not have held) until he could have built more substantive cases against them, denying Voldemort key allies. But at minimum, Fudge could have gotten the wizarding world ready to defend themselves.

6. Inherited wealth can be corrupting. Clearly, the obnoxiousness of the Malfoys is crying out for a good, hard progressive taxing. On the other hand, can you imagine Voldemort at a Tea Party?

7. Good domestic policy can be protection against and invasion. Hermione’s lonely quest to get people to treat house elves like the sentient beings that they are turns out to be mighty handy when Hogwarts comes under attack. Who know that treating tremendously powerful magical beings like something other than bony little punching bags might win their loyalty so they’ll fight on your side when their former masters show up, determined to destroy you.

8. Albus Dumbledore is a wizarding George Washington. Okay, so he never took the Minister of Magic post in the first place. But knowing when to walk away from power when you could hold on to it is one of the only things that preserve democratic governments. Dumbledore’s self-knowledge and self-control turns out to be one of the more admirable things in the novels.

DC Circuit Upholds New Airport Screening Technology Against Fourth Amendment Challenge

The United States Court of Appeals for the District of Columbia Circuit just upheld TSA’s new screening measures in a unanimous decision:

As other circuits have held, and as the Supreme Court has strongly suggested, screening passengers at an airport is an “administrative search” because the primary goal is not to determine whether any passenger has committed a crime but rather to protect the public from a terrorist attack. An administrative search does not require individualized suspicion. Instead, whether an administrative search is “unreasonable” within the condemnation of the Fourth Amendment “is determined by assessing, on the one hand, the degree to which it intrudes upon an individual’s privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.”

That balance clearly favors the Government here. The need to search airline passengers “to ensure public safety can be particularly acute,” and, crucially, an AIT scanner, unlike a magnetometer, is capable of detecting, and therefore of deterring, attempts to carry aboard airplanes explosives in liquid or powder form. On the other side of the balance, we must acknowledge the steps the TSA has already taken to protect passenger privacy, in particular distorting the image created using AIT and deleting it as soon as the passenger has been cleared. More telling, any passenger may opt-out of AIT screening in favor of a patdown, which allows him to decide which of the two options for detecting a concealed, nonmetallic weapon or explosive is least invasive.

As Orin Kerr points out, this decision comes from a “pretty Fourth-Amendment-rights-friendly panel.” Judge Douglas Ginsburg is a deeply radical libertarian who once called for a return to a Great Depression-era understanding of the Constitution, but he is also a fairly consistent libertarian who is skeptical of intrusive searches and seizures. Judge David Tatel is one of the federal bench’s leading progressive thinkers. When he was younger, he was considered a likely candidate for promotion to the Supreme Court in a Democratic administration, and his clerks routinely go only to clerk for a justice.

In other words, if this panel would uphold TSA’s practices, it is very unlikely that their decision will be contradicted by a higher authority.

Will Gov. Nikki Haley Personally Drive South Carolina’s 178,000 Disenfranchised Voters To The DMV?

South Carolina Gov. Nikki Haley(R) has a unique solution to the problem she created by signing a law in May that will require voters to present a government-issued photo ID at the polls — she will personally drive you to the DMV. As with any voter ID requirement, Haley’s law could have the effect of suppressing the vote of thousands of people who don’t currently have South Carolina IDs, especially minorities, college students, rural voters, and the elderly. For these people, it is often difficult or impossible to travel to the DMV to obtain a license, so many wind up not being able to cast a ballot come Election Day.

But Haley isn’t worried because she has a plan. “Find me those people that think that this is invading their rights,” she told a local Fox affiliate, “And I will go take them to the DMV myself and help them get that picture ID.” Watch it:

So, assuming Haley’s offer is genuine, how many rides will the governor be giving? South Carolina’s election commission estimates that 178,000 of the state’s voters lack the ID necessary to allow them to exercise their right to vote. Google Maps estimates that it will take 11 minutes for Nikki Haley to drive from the governor’s mansion to the nearest branch of the state DMV:

That DMV branch is open five days a week for 8.5 hours a day. Assuming Haley wants to save some time and gas, we’ll assume that her car can fit four passengers. That means that if every single one of these 178,000 voters were to present themselves to the governor’s mansion and request the free ride Haley just offered them, it would take just over 7 years, 4 months, 3 weeks and 5 days if she spends every single minute that the DMV is open doing nothing but playing taxi driver. That’s nearly two full terms — assuming there’s no traffic.

A simpler solution: Don’t jeopardize peoples’ right to vote in the first place.

In Dire Financial Straits, New Mexico Border Town Is Left Without A Police Force

Columbus has been a frequent target for drug and weapons smugglers.

As Marie Diamond noted last week, budget cuts in Alto, Texas forced the town to lay off its entire police force, prompting the city’s mayor to remark that “everybody’s talking about ‘bolt your doors, buy a gun.”

Now, another town reeling from a financial crisis is being forced to do the same. The border town of Columbus, New Mexico, fired its six-person police force because it was unable to keep them on city payrolls:

Still reeling from a scandal that claimed its former mayor, and potentially its former police chief and a village trustee, a small New Mexico border town is now without a police department. Columbus, New Mexico, with a population of about 1,800, is in such financial disarray that the town is not even sure how much it owes, current Mayor Nicole Lawson told CNN.

Whatever that amount is, she said, “we don’t have it.” The sudden drying of the town coffers meant that Columbus, situated across the border from Puerto Palomas, Mexico — a town known to be a staging area for drug cartels — had to fire its six-person police department. The decision to do away with the department “was based on the financial crisis we are in,” Lawson said.

The town’s “code enforcement and animal control components” were also abolished when the police force was disbanded. Columbus will now be relying on the police force of Luna County to attend to its security needs.

NEWS FLASH

Only One Federal Judge Has Been Confirmed In The Last Month | On June 21, the Senate confirmed Judge Michael Simon to a federal judgeship in Oregon. Simon is now the only judge to be confirmed in the last month. Only two additional judges — Judges Claire Cecchi and Esther Salas — were confirmed during the entire month of June. No judge has been confirmed during the month of July. This means that new federal judges are now being confirmed far more slowly than existing judges are retiring — a rate that will eventually drain the entire bench dry.

Sen. Mike Lee Feigns Outrage That Social Security May Delay Checks He Thinks Are Unconstitutional

Tenther U.S. Senator Mike Lee (R-UT)

Earlier this week, President Obama made the objectively true statement that, without a debt ceiling hike, he “cannot guarantee” that Social Security checks will go out when they are scheduled to be mailed on Aug. 3 “because there may simply not be the money in the coffers to do it.” In a Fox News interview yesterday, Sen. Mike Lee (R-UT) pretended to care that Social Security would temporarily shut down:

My plan would address the debt limit, and it would continue to allow government to continue to operate, for Social Security checks to continue to be sent out. That’s why I find so insulting the president’s unwillingness to go along with this plan. [...] The president dismissed it out of hand, and the very next day said, let’s go ahead and just cut all the Social Security checks going out to current retirees, without any explanation as to why they would be the first on the chopping block.

I mean, look, when we’re bringing it about $200 billion a month, and our interest payments are less than 10 percent of that, and Social Security payments are about $50 billion, why on earth would you cut Social Security checks first? That doesn’t make any sense to me and I think it’s insulting to America’s retirees.

Watch it:

First of all, there is literally no one on the planet who has less credibility to present themselves as the great defender of Social Security and America’s seniors than Mike Lee. In a lengthy speech on the Constitution, Lee attacked President Franklin Roosevelt for calling for the federal government to provide “a decent retirement plan” and “health care” because “the Constitution doesn’t give Congress any of those powers.” So Lee doesn’t even think that Social Security (or Medicare, for that matter) should even exist because it violates his tenther understanding of the Constitution.

Nor does Lee understand the federal accounting process any more than he understands the Constitution. Unless the debt ceiling is raised, America is no longer able to borrow more money, and our bank account runs dry on Aug. 2. On Aug. 3, the federal government is supposed to mail out about $23 billion in Social Security benefits, but it will only take in about $12 billion in taxes — leaving an $11 billion shortfall. It won’t matter whether the government will eventually collect the “$200 billion a month” that Lee refers to, because only a fraction of that money will actually be in our bank account when Social Security’s bill comes due.

So the truth is that Obama’s statement is unambiguously correct, and Lee’s statement reveals his utter ignorance of how the federal government works. Moreover, Lee’s claim that he cares one bit about whether seniors receive their Social Security checks doesn’t even approach plausibility given his previous claim that Social Security violates the Constitution.

Justiceline: July 15, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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