Wednesday, January 29, 2020

Josh Marshall, historian

Josh Marshall, editor and founder of Talking Points Memo, has some cogent points to make about Alan Dershowitz's defense of Donald Trump in the ongoing trial:


Dershowitz is justifiably acclaimed as a criminal defense and a particularly appellate defense attorney, notwithstanding decades of escalating notoriety as a grandstanding attention whore. He is not a constitutional attorney. He is not an historian. And he is not any other kind of expert on impeachment. But now he’s spent a few weeks ‘reading all the books’ and he’s got it figured out.

This is the most classic sort of dilettante’s history. Understanding the past means more than just ransacking the library for proof texts and quotes. If we are trying to reconstruct the range of arguments the authors of the Constitution were making and how most Americans – who were indirectly responsible for ratifying the document – understood them you need a grounding in the history and debates of the time. Words do not speak for themselves. They have meaning in a particular historical context. We are not bound in our use of these words by their original historical context but we cannot make sense of them or any use of them for our own purposes if we are ignorant of that context.

To put it baldly, if it’s a topic and area of study you know nothing about and after a few weeks of cramming you decide that basically everyone who’s studied the question is wrong, there’s a very small chance you’ve rapidly come upon a great insight and a very great likelihood you’re an ignorant and self-regarding asshole. Needless to say, those are odds Dershowitz is happy to take. Dershowitz has now ‘read all the relevant historical material’ and has it covered.

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