04-11-2008, 11:24 AM | #1 (permalink) | |
Location: Washington DC
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Who Owns Presidential Documents...You (and me) or the Pres (and his heirs)
(removed graph of historians rating of Bush presidency after Ustwo had a hissy fit.)
Who owns presidential documents? The Presidential Records Act addressed this issue by making all presidential documents the property of the National Archives and accessible to historians, media and the public after a period of 12 years from when that president leaves office. Access to the records can be denied after the end of the 12-year embargo only if a former or incumbent president claims an exemption based on a "constitutionally based" executive privilege or continuing national security concern. In 2001, Bush issued an Executive Order that effectively extended the exemption by allowing the former or incumbent president to block the release of docs after the 12 year period for any reason. The timing of the EO was interesting....just when 68,000 pages of Reagan records were due to be released (including Iran/Contra docs). It also gives the both the current and former Bush the means to block former Bush records (perhaps records dealing with Iraqgate/providing arms to Saddam through BCCI - only speculation on my part?). Does the public have the right to presidential records? Can future historians write an accurate and complete history of a president without access to sensitive and controversial documents that no longer pose a threat to national security? Quote:
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"The perfect is the enemy of the good." ~ Voltaire Last edited by dc_dux; 04-12-2008 at 05:03 AM.. Reason: added article |
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04-11-2008, 11:54 AM | #2 (permalink) |
Asshole
Administrator
Location: Chicago
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I CAN'T BELIEVE THAT THE POLLSTERS WOULD HAVE THE BALLS TO TRY THAT KIND OF SURVEY BEFORE....
just kidding. I think Pan got into my head a little there. Personally, I think that 12 years is too soon to release these kinds of records, if for no other reason that they can still impact careers. That said, "forever" is a very long time and doesn't seem appropriate either. Were it up to me, I would say 20 years is a nice round number, and would give that junior guy at the State Department a chance to run for Senate and then go down in a corruption scandal involving an underage prostitute, a golf cart battery, 7 1/2 gallons of jello and the latest issue of "Redbook".
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"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin "There ought to be limits to freedom." - George W. Bush "We have met the enemy and he is us." - Pogo |
04-11-2008, 12:11 PM | #3 (permalink) |
Junkie
Location: Ventura County
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I think the case law on this issue suggests that Presidential records are in-fact public records with the former President given an opportunity to object to private and other records being made public unless compelled to do so by court order.
Personally I think executive privilege is harmed by the law and is a violation of separation of power provision in the Constitution. I know most experts disagree. I think the net affect is Presidential communications with his cabinet and staff are tainted with participants being mindful of potentially everything being said being made public record. I think this hinders frank discussion, and encourages "group think".
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." Last edited by aceventura3; 04-11-2008 at 12:54 PM.. |
04-11-2008, 12:42 PM | #5 (permalink) |
Junkie
Location: Ventura County
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Two more thoughts:
1) Abuse of power - The President has the power to issue executive orders. Issuing one is not an abuse of power. I am not sure how Bush's 2001 EO is an abuse of power, I think it clarifies the original law. 2) Historians not being able to record history accurately w/o the records - On its face this point is pretty weak, but deserves a response. Kind of like saying Historians could not record the historic dominance of Alexander The Great because they did not have access to his messengers.
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." |
04-11-2008, 12:46 PM | #6 (permalink) |
... a sort of licensed troubleshooter.
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Ace, we could know a hell of a lot more about Alexander the Great had there been more records that were accurate left behind. I think that's significant. Moreso, we know that Bush has been a secretive president, which means that if we don't act now while the information still exists it may very well be lost and future generations could make the same mistakes.
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04-11-2008, 12:52 PM | #7 (permalink) | |
Junkie
Location: Ventura County
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." Last edited by aceventura3; 04-11-2008 at 12:59 PM.. |
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04-11-2008, 01:12 PM | #8 (permalink) |
Location: Washington DC
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ace....most Executive Orders are administrative.....it becomes an abuse of power when they change the intent of laws enacted by Congress and signed by former presidents.
And how can historians accurately "focus on actions, inactions and results" if documents pertinent to those actions, inactions and results are selectively withheld?
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"The perfect is the enemy of the good." ~ Voltaire |
04-11-2008, 01:54 PM | #10 (permalink) |
Pissing in the cornflakes
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Well since you put up the graph I decided to read the site a bit.
4 years ago 81% of the same group called him a failure. Lets see guy gets re-elected, and was a failure to a large majority of 'professional historians'. So in other words, they didn't like him or his policies. Ah well those who can't do..... As for who owns the records, thats a bit of a tough one as there are many factors to consider. My thoughts are always to security on such matters and while I think from a long term prospective there should be a right to know, it needs to be long enough that security isn't compromised. For example, I don't know when it came to light we had a high level spy in the Soviet government during the Cuban missile crisis so we knew they would blink first so to speak, but odds are it wouldn't have been good for that to come out until said man was no longer in a position to be hurt.
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Agents of the enemies who hold office in our own government, who attempt to eliminate our "freedoms" and our "right to know" are posting among us, I fear.....on this very forum. - host Obama - Know a Man by the friends he keeps. |
04-11-2008, 01:55 PM | #11 (permalink) | ||
Junkie
Location: Ventura County
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I have listened/read some of Johnson's phone conversations while he was President - I can't say they added any value to the historic record in my opinion. In Nixon's situation that is different, but he was under no obligation to record all of his conversations - and Presidents after him certainly would self edit what they say on tape. History in my opinion is best served when information his gathered in circumstances where the participants act as they normally would. We don't need staged history.
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." |
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04-11-2008, 01:57 PM | #12 (permalink) |
Junkie
Location: NYC
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I think the records belong to the govt, the same way that any employer owns records the employee created while acting on the employer's business.
That said, because of the sensitivity of this stuff, I'd say 12 years is probably too short a time. It should be more like 30 years. Many historical courses of events haven't fully played out in 12 years, and disclosure of internal presidential documents could affect current events at that stage. It's unlikely that would be true after 30 years, except in unusual circumstances. |
04-11-2008, 02:03 PM | #13 (permalink) | |
Junkie
Location: Ventura County
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." |
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04-11-2008, 02:06 PM | #14 (permalink) | |
Location: Washington DC
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Should a former president whose legacy is under review be the one to make that determination? I would prefer seeing someone like the National Archivist in consultation with national security officials (past and present).
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"The perfect is the enemy of the good." ~ Voltaire |
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04-11-2008, 02:08 PM | #15 (permalink) |
... a sort of licensed troubleshooter.
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Historians = anyone interested in history. Leave the information available to anyone and everyone. If people are interested in getting information on the bathroom, there's certainly no harm in it. The real issue, though, is ensuring that truly important information is available... but important to me may not be important to you. As such, all information should be available.
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04-11-2008, 02:09 PM | #16 (permalink) | |||
Junkie
Location: Ventura County
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." Last edited by aceventura3; 04-11-2008 at 02:19 PM.. Reason: Automerged Doublepost |
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04-11-2008, 02:27 PM | #17 (permalink) |
Location: Washington DC
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ace.....Isnt the likely outcome to be "staged history" if a president can`withhold relevant documents for as long as he is alive (or beyond) that may reflect questionably on his PUBLIC policy decisions and actions?
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"The perfect is the enemy of the good." ~ Voltaire |
04-11-2008, 02:35 PM | #19 (permalink) | ||||||
Banned
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12 years is fine, because exceptions can be made, page by page, instance by instance. What happened here is about overall intent, overall disdain for public accountability....deep seated, long standing:
11-29-2005 [quote]http://www.tfproject.org/tfp/showpos...0&postcount=51 Quote:
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04-11-2008, 02:39 PM | #20 (permalink) | |
Location: Washington DC
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No wait, they just destroyed any e-mail that pertained to Abramoff's WH visits. The photos were beyond their control.
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"The perfect is the enemy of the good." ~ Voltaire |
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04-11-2008, 02:46 PM | #21 (permalink) | |||||||||
Banned
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12 years is fine, because exceptions can be made, page by page, instance by instance. What happened here is about overall intent, overall disdain for public accountability....deep seated, long standing:
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04-11-2008, 02:55 PM | #22 (permalink) |
Pissing in the cornflakes
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I dunno.
I feel historically empowered hearing LBJ talk about his bunghole. Compelling and rich history.
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Agents of the enemies who hold office in our own government, who attempt to eliminate our "freedoms" and our "right to know" are posting among us, I fear.....on this very forum. - host Obama - Know a Man by the friends he keeps. |
04-11-2008, 02:56 PM | #23 (permalink) | |||
Banned
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04-11-2008, 03:32 PM | #24 (permalink) | |
Thank You Jesus
Location: Twilight Zone
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But hey he did pardon all those draft dodging felons.
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Where is Darwin when ya need him? |
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04-11-2008, 03:36 PM | #26 (permalink) | |
Thank You Jesus
Location: Twilight Zone
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Where is Darwin when ya need him? |
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04-11-2008, 03:41 PM | #27 (permalink) |
... a sort of licensed troubleshooter.
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Adjusting for inflation gas is more expensive now, the Fed is falling apart trying to fix the horrible mess that was inevitable with our economy that was exacerbated by some of the dumbest policy in history regarding fiscal responsibility, Iraq is experiencing an all-out civil war as a direct result of a war of aggression that had no planning, we're actually torturing people, TORTURING... I mean how blind can one be? Carter was a fantastic president when compared to Bush.
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04-11-2008, 03:42 PM | #28 (permalink) | |
Location: Washington DC
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That is the question that should be addressed. Should Bush be able to withhold documents from the Reagan and GHW Bush presidencies to protect their legacies? Should he be able to withhold docs from his own presidency if it prevent us from "reading the truth"?
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"The perfect is the enemy of the good." ~ Voltaire Last edited by dc_dux; 04-11-2008 at 03:54 PM.. |
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04-11-2008, 03:53 PM | #29 (permalink) |
Pissing in the cornflakes
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I was reading the comments on the site about the poll, I found this one to be pretty good.
I would really like to see who these "historians" are. Bush is the worst president ever? Not by a long shot. This "poll" has no merit whatsoever. Did the “pollster” even control for political ideology? There are so many factual mistakes in these comments that I question if all of the respondents were actually historians, including the author. It’s almost as if their knowledge of history only extends to the latest MSNBC news cycle. The tax cuts were not just for the “rich” (whatever that means). They actually applied to everyone who pays taxes. Furthermore, tax revenues actually increased as result of the tax cuts, as they did for the Reagan, Kennedy, and Mellon tax cuts. The deficits were due to record spending on both sides of the aisle. One respondent calls the Iraq war disastrous. Really? Compared to Vietnam? How about Korea, where in less than three years over 30,000 of Americans died? How about the War of 1812, during which our capital was burned to the ground and all of New England very nearly seceded? And Bush trampled on the Bill of Rights? How, exactly? By rounding up hundreds of thousands of Americans and putting them in concentration camps like FDR? Oh, that’s right, I forgot, wiretaps of terrorists phone calls (perfectly legal under FISA and employed by every president since Carter). LOL. Are these guys even historians? It is way, way to early to judge the Bush presidency. Everyone said the same thing about Reagan, and now he’s ranked in the “near great” category. Same with Harry Truman who left office with a lower approval rating than Bush’s. If democracy hold in Afghanistan and Iraq, Bush, like every other wartime president with the exception of Nixon, will be in the top 20. BTW, If I had a kid studying history at Millsaps College, I would ask for my tuition money back. Yea suck it libs, seriously dc if you wanted a real discussion you don't start it with that steaming pile of crap and then pretend it doesn't really matter.
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Agents of the enemies who hold office in our own government, who attempt to eliminate our "freedoms" and our "right to know" are posting among us, I fear.....on this very forum. - host Obama - Know a Man by the friends he keeps. |
04-11-2008, 03:57 PM | #30 (permalink) | ||
Location: Washington DC
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UStwo....I removed the poll from the OP just for you. I hope you will show me the same courtesy in the future by not posting bogus sites like Junk Science and the American Center for Voting Rights
Now....Should Bush be able to withhold documents from the Reagan and GHW Bush presidencies to protect their legacies? Should he be able to withhold docs from his own presidency if it prevent us from "reading the full and unvarnished truth" of his WH polices, actions and decisions? Quote:
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"The perfect is the enemy of the good." ~ Voltaire Last edited by dc_dux; 04-11-2008 at 04:23 PM.. Reason: Automerged Doublepost |
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04-11-2008, 04:30 PM | #31 (permalink) | ||
Pissing in the cornflakes
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Edit: And since you didn't get the joke.... Quote:
LBJ: But, uh when I gain a little weight they cut me under there. So, leave me , you never do have much of margin there. See if you can't leave me an inch from where the zipper (burps) ends, round, under my, back to my bunghole, so I can let it out there if I need to. http://americanradioworks.publicradi...bj_haggar.html Its better if you listen to the audio.
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Agents of the enemies who hold office in our own government, who attempt to eliminate our "freedoms" and our "right to know" are posting among us, I fear.....on this very forum. - host Obama - Know a Man by the friends he keeps. Last edited by Ustwo; 04-11-2008 at 04:37 PM.. |
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04-11-2008, 04:34 PM | #32 (permalink) | |||||||
Banned
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Ustwo, I'm not coming off as a snarky POS in my posts, because I sincerely attempt to provide REAL content in my posts....substance...kinda like what dc_dux tries to do. What do you try to do here....incessantly?
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Not to worry, dc_dux....watching these loyal Americans attempt to defend and obfuscate the indefensible and the unavoidable, is what it is, a spectacle. Quote:
You post about what Carter did to our "standing in the world"....when did you ever show any concern for our standing in the world? What do you think world opinion is of the Bush administration, of the American people for permitting their continued ability to stink up the place? The rest of the world is voting on US standing: The US dollar: Against the Euro....last 24 months: <img src="http://ichart.finance.yahoo.com/2y?usdeur=x"> Dollar since Bush TOOK office: http://futures.tradingcharts.com/chart/US/M The US Military: Quote:
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04-11-2008, 11:37 PM | #33 (permalink) |
Upright
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We the citizens of the United States need to take back our government. The whole idea of a democratically elected President and congress was to give the people a voice, yet ever four years or two years for congressional elections our collective voices are silent. In 1996, according to the Federal Election Commitee, a little over 49% of citizen eligible to vote actually voted. There can not be change in this country if we continue electing people with the same ideology as the last previous idiot we put into office, or worse yet if we fail to take time away from daily resposibilities to perform our most important resposibiltiy as a citizen and go vote. You may not have voted for George Bush, but did you go to your neighbors or friends and talk about voting for your candidate. Did you pass out bumper stickers or information about the candidate you wanted to win. Don't feel bad, I didn't either. During this election season, forget about the mainstream media. Read the blogs, go directly to all of the candidates websites, do your own research on the candidates. The national news outlets are only going to mention the candidates that will get them the most viewers. Hillary and Barack initally, in my opinion, got more exposure than the other candidates, not because of their ideas or visions of the future, but because Hillary is a woman and extremely popular and Barack is black and extremely popular. It made for good television. They both say exactly the same thing that every other Democratic candidate has been saying since the beginning of the year last year....We need to leave Iraq and fix the mess the Idiot currently in charge has created. I really don't care if your republican, democrat, or a member of tSocialist Party USA(yes it's really a political party), if your not getting out and organizing support for your candidate, your not doing enough to make sure "We The People" and not the news media or corporate America still control the government of this once great nation.
“When citizens fear government, we call it tyranny When government fears citizens, we call it freedom” ~Unknown~ Thanks for letting me vent. Sorry if I rambled too long. Its my first post too a blog and I kinda got carried away. |
04-12-2008, 05:07 AM | #34 (permalink) | |
Super Moderator
Location: essex ma
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conservatives seem to want amateur history. amateur history that affirms what they already believe. reagan was a great man--a claim by and for amateurs; jimmy carter was the worst president in history: a claim by and for amateurs: people are unfair to george w bush: a claim by and for the dissociative. === but i dont think that's what's at stake in the eo. many offices and many other countries seal archival materials for a certain period---for example when i was doing diss-research in paris, i tried to access the archives of the political surveillance arm of the city police for information about surveillance of the left in the context of the algerian war--those records are sealed for 50 years. so on this one, i dont really know....i doubt seriously that any president has made their papers available too quickly, and most have delayed with less problematic a record than cowboy george and the mayberry machiavellians.
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a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite |
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04-12-2008, 08:44 AM | #35 (permalink) | |
Banned
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http://www.tfproject.org/tfp/showthr...81#post2410981 was uncannily along the same lines as it is to the question here. It seems that a defense of the privileges of both wealth and power, go hand in hand. I thought that defenders of wealth did so because they aspired to be wealthy, and did not want their future wealth taxed. The defense of the powerful I do not understand as well. All of it seems to be about a belief in minimal or no accountability.... except of course, for the two million plus prisoners already in US jails. Corporate polluters, wall street manipulators, republican politicians = "hands off"....from the press and government regulators. Where does a world view like that, come from? It seems the opposite of the American values held so dear. |
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04-13-2008, 07:53 AM | #36 (permalink) | ||
Junkie
Location: Ventura County
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Seems what you really want is something "history" doesn't require. For example: I married my wife. The historic record is our marriage, children, the public records of our actions, etc. In my opinion having documentation of meetings or discussion I had with my best friend before making my decision to enter into marriage with my wife is not relevant for historic purposes. If I knew that my discussions with my best friend were going to be made public, I would carefully craft my comments to make sure the record reflected what I wanted. Quote:
I would rather have Nixon on tape thinking the tapes would never be made public than Nixon on tape when he knows the tapes would be made public. Wouldn't you?
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." Last edited by aceventura3; 04-13-2008 at 07:58 AM.. Reason: Automerged Doublepost |
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04-13-2008, 08:00 AM | #37 (permalink) |
Super Moderator
Location: essex ma
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i don't think you understand what history is, ace--not in the sense of history=stuff that happened in the past, but more history as what historians make, what they do.
to stick with your analogy---a social historian, say, might look at the official document trail your marriage generated as elements within larger patterns that would be interesting or shaped by a bigger project or problem--this stuff is usually material for making inferences about type of activity done by folk who left no documentary traces behind. another type of project might be involve interviewing you about the reasons for your marriage. yet another--depending of course on who you are--might be set up so that the transcripts of your discussions leading up to the marriage are crucial. it all depends on the type of history being done, what the project is. there are many types of history, many types of projects. what distinguishes one from the other is really type of data used and type of inferences made. but the basic problem is that you are not george w bush and the analogy is basically flawed that would equate your decision to get married and what bush may have discussed or done while in office.
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a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite |
04-13-2008, 08:02 AM | #38 (permalink) | ||||||
Junkie
Location: Ventura County
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In the context of the Bush Administration for example, we have the war in Iraq. Having documents of meetings indicating that Bush may have had second thoughts is not really material to the historic record in my opinion because the real point of interest is the fact he lead us to war. Quote:
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I am conservative - What Monica did or didn't do to Bill Clinton in my opinion was not worth of historic record. Do you? Quote:
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"Democracy is two wolves and a sheep voting on lunch." "It is useless for the sheep to pass resolutions on vegetarianism while the wolf is of a different opinion." "If you live among wolves you have to act like one." "A lady screams at the mouse but smiles at the wolf. A gentleman is a wolf who sends flowers." Last edited by aceventura3; 04-13-2008 at 08:24 AM.. Reason: Automerged Doublepost |
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04-13-2008, 08:28 AM | #39 (permalink) |
Super Moderator
Location: essex ma
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well, ace, i'm not sure i see the point of continuing this, but i'll see what happens.
1. history is what narratives about what happened say it is. in principle, history is everything that has happened, but if you think about even the most ordinary aspects of your experience every day, most of what happens drops away. you can't hold onto it--try to describe the process of making a sentence that you type here if you want an example. describe what goes through your mind as you write a sentence. all that is happening, but all that falls away. so there's no hope of capturing everything that happens. so history as a genre is not that--it is a type of text taken up with narratives that construct and link elements--maybe events, maybe other things--into a type of pattern. 2. your notion of history via the example of "roots" is kinda absurd. historians make shit up all the time--but that doesn't mean that therefore the histories they write are any more or less "history" for that--it depends on the type of argument, the nature of the materials used as evidence and the logic that links them. it's a type of conceptual art. if you want to hold up the standard of "what actually happened" and you take that idea "what actually happened" at all seriously, then there is no written history, just types of fiction. i have no particular problem with that, but i doubt seriously that my reasons for this have the slightest to do with yours. 3. as for documentation of the bush-process of selling the fake case for the iraq war--you wouldn't be interested because you're politically inclined not to be, and methodologically inclined not to look at that sort of documentation. so your history--the one you'd write--wouldn't use them. almost any other historian doing the same project would use those documents, were they available. your history would soon become an example of politically motivated fiction claiming to be history because its arguments, types of evidence and logic that connected these into patterns, wouldn't stand up. if you don;t believe me, try doing it. it'd be fun. 4. on the last point about your analogy--well, ace, this one i dont care about. fact is that you aren't cowboy george and so are not president and so are not past a certain point used to having what you say recorded for posterity or whatever and so you would react differently to the idea of being recorded. this is so obvious that it is not worth arguing about.
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a gramophone its corrugated trumpet silver handle spinning dog. such faithfulness it hear it make you sick. -kamau brathwaite |
04-13-2008, 09:45 AM | #40 (permalink) | |
Location: Washington DC
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I agree with rb....you dont understand history or the value that uncensored presidential policy documents bring to a more complete understanding of a president's policy decisions and actions, and thus a more complete history of that president's term of office. As the National Archivist noted in recent testimony, the 1978 PRA provided a "careful balance between the public's right to know, with its vast implications to historians and other academic interests and the rights of privacy and confidentiality of certain sensitive records generated by the President and his staff during the course of his White House activities." Bush's EO was a blatant attempt to overturn a law enacted by Congress and signed by Carter 30 years ago, and subsequently accepted by Reagan, George HW Bush and Clinton as a reasonable way to ensure that balance.
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"The perfect is the enemy of the good." ~ Voltaire Last edited by dc_dux; 04-13-2008 at 10:50 AM.. Reason: Automerged Doublepost |
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