James M. Redwine

Events

Choices And Consequences

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Should you have read last week’s column you may remember the specific topic was the Electoral College and the general topic was our Constitution’s guarantee of our right to matter or free choice. Free choice, that is what separates humans from animals and America from many other countries. Our Founders designed a government where the ideal was: All matter, but none too much. Of course, as with most ideals, America’s vaunted guarantees of freedom of choice and equality for everyone remain as goals not yet attained. On the other hand, it is no small thing that America not only proclaimed these ideals but set them forth in writing at our founding. And we have struggled mightily since our Constitution was adopted on September 17, 1787 to live up to our ideals which were declared on July 04, 1776 to be: “That all men are endowed with the right to life, liberty and the pursuit of happiness”. Although the term “all” was advisory only.

To me these ideals come under the general category of a right to make our own choices but with an understanding our choices have consequences. These Civics lessons were burned into my psyche in a most graphic manner one day in Junior High School by one of my teachers who was straight forward, stern and strict; I liked and respected him. As he was also my Junior High football coach I always called him Coach even in the classroom probably because football was a lot more important to me than Civics. Coach’s successful coaching techniques relied heavily on those previously mentioned traits coupled with a no-nonsense attitude that victory came only through sweat. In the Pawhuska, Oklahoma school system of the 1950’s such was the general credo of the entire staff. And remembering my student days I confess such a system was necessary to force an education into me as my personal credo tended more toward the laissez-faire when it came to school work. Alas, the same was also true for some of my classmates including my friends Abby and Jack whom you will meet soon.

An example of how Coach’s attitude helped instill American history in me occurred during our Civics class section on the Civil War. Coach was one of those teachers who did not allow Political Correctness to cloud the facts. When it came to the reasons why the South seceded he taught that the immorality of slavery was a choice supported within our Constitution and the Civil War was about that choice. States Rights to determine whether to allow slavery, not slavery itself, was the gravamen of “The Cause” at the beginning of the war for the South and preservation of the Union, not the elimination of slavery, was the cause for the North. It was these competing choices and their consequences that brought about the Civil War that eventually both ended slavery and preserved the Union.

I probably would have remembered no more of these Junior High Civics lessons about States Rights and slavery than the other lessons I daydreamed through in school had Coach not given that particular lecture right after grabbing my attention with a long, thin paddle. That otherwise hazy school day began with Coach being called away from class for a brief meeting. When he left his discipline left with him and some of us fell immediately back into our natural educational state of benign ignorance.

My friend Abby who sat in the front row got up to talk to a girl two aisles over. When she did my friend Jack saw fit to sneak behind her and remove a thumbtack from the bulletin board then place it, business end up, on the seat of Abby’s desk. Somehow Abby sensed Coach was returning so she turned and hurried back to her seat. Abby sat down on the tack just as Coach entered the classroom and observed and heard Abby react appropriately.

The Coach affixed his terrifying stare on each of us individually and when he got to Jack, Jack folded like a pair of dirty socks. Coach called Jack up to the front of the class and ordered him to bend over and grab his ankles. From an assortment of paddles he kept hanging from the chalk rail Coach chose a thin paddle about two feet long and pushed a thumbtack through it. After the Coach vigorously applied paddle to posterior while Jack manly gritted his teeth in silence, we had our Civics lesson on choices and consequences concerning the Constitution, slavery, States Rights, the Union and the Civil War. I remember them well. And if any of my classmates from that day read this article I bet they do too.

Rome Was Built In A Day

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In the musical My Fair Lady by Lerner and Loewe Professor Henry Higgins is a middle-aged speech specialist who attempts to pass off the cockney flower girl Eliza Doolittle as a socialite. Eliza is young, crude, pretty and most of all female. Her audacious resistance to Higgins’ efforts to turn her into a fraud is beyond frustrating to Higgins. He sums up his Eliza dealings with a statement to his co-conspirator Colonel Hugh Pickering, “Why can’t a woman be more like a man?”

I suggest the main reason My Fair Lady is one of the most successful musicals in history is this eons long male quest to control or at least understand their female companions. Every man, especially every married man, commiserates with Professor Higgins. When Higgins asks Pickering if Pickering would get upset if he did not speak to him for hours or if he forgot Pickering’s birthday, Pickering scoffs and replies, “Of course not”.

The reason I raise this subject pertains to Peg’s totally unreasonable reaction to my involvement in our move from Posey County, Indiana to Osage County, Oklahoma. I don’t get it. Regardless of what activity or inactivity I am currently engaged or unengaged in Peg believes I should be doing something else, something she declares is essential to national security or at least to getting us moved. And whatever it is it is vital that it be done immediately! No time to finish watching a ballgame or drink a cup of morning coffee or an afternoon beer.

Let’s take yesterday as an example of Peg’s recalcitrant attitude. I will leave up to all fair-minded husbands if I was in the right. Wives need not trouble themselves with a response.

I turned on the television about eight a.m. and was in the process of continuously switching between CNN and FOX in the hope of finding some news squeezed among the vitriolic diatribes at both ends of the impeachment debacle. My coffee had hardly cooled when Peg burst into the den with fire in her eyes and a dust rag in her hand.

“The buyers must never know we lived here for twelve years without dusting behind those boxes in the closet. Are you about ready to quit griping about the national news media and the government and help me?”

“Uh, can I finish my coffee or will Rome fall if I don’t immediately go searching for dust devils?”

“Oh, don’t let me interrupt your delving into the fine points of who did what, to whom and when. I am sure they will contact you for your solution to war in the Middle East!” I ask you, husbands of the world, does such sarcasm sound familiar? I calmly responded it appeared to me the dusting and packing of yet another item we had not used for years could probably safely wait until my coffee was finished. Such was not to be.

Anyway, it does appear we will get completely packed up this year. I am looking forward to my instructions on unloading and unpacking out on the prairie. Wish me luck all my fellow testosterone travelers.

P.S. From Peg, who has to type all these Gavel Gamut articles, post them to the jamesmredwine.com website, Facebook, and send them on to the newspapers, which happens to take 3 hours of her Friday because the author waits until the last minute to write them: “No wonder the National Organization of Women’s credo is ‘Men just don’t get it!’. And, by the way, I am more like a man! I have had to help my Dear Jungle Jim move quite a few pieces of heavy furniture from one room to another because he decided he wanted them in a different room than the moving crew originally moved them into!”

Of Founders and Russians

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Harvard law professor Michael Klarman was the keynote speaker at the June 2019 Indiana Graduate Judges Conference. As an attendee I received a signed copy of Klarman’s book, The Framers’Coup, The Making of the United States Constitution. Gentle Reader, to give you some perspective on the exhilarating experience of a law professor’s book, the tome’s Note and Index sections run from page 633 to 865. Of course, the substance of the book contains 632 pages of which several pages thank the law students who did the grunt work. Regardless, I do recommend the book to you as an interesting and often surprising exposition of how our Constitution survived the throes of birth. As Klarman says of our pantheon of founding heroes:

“In the book I try to tell the story of the Constitution’s origins in a way that demythifies it. The men who wrote the Constitution were extremely impressive, but they were not demigods; they had interests, prejudices, and moral blind spots. They could not foresee the future, and they made mistakes.”

This is Klarman’s raison d’etre for writing the book. His admonition is that the men, and they were all white, Anglo Saxon, Christian men, who struggled for six months in Philadelphia in 1789 to create the United States were just men, not gods. Some of them owned slaves, some did not. Some were from populous states, others were not. But they were all mere mortals with virtues and defects.

The underlying message of the book is that if those men could find a way to overcome their political and philosophical divisions, we and future Americans should also be able to. For example, in our current culture wars where President Trump alleges Ukraine helped Secretary Clinton in the 2016 election and Clinton alleges Russia helped Trump and more recently both Trump and Clinton and many others are flinging arrows in all directions alleging our leaders are “foreign assets” we should just chill. If James Madison and the Federalists and Thomas Jefferson and the anti-Federalists could reach compromises, we should be able to also.

The salient issues and the thorniest were how could our Founders apportion representation among populous and less populous states, how was slavery to be addressed (or not) and could common citizens be trusted to govern themselves.

According to Klarman, as our Framers struggled to hold the Constitutional Convention together the Federalists and the anti-Federalists, “Questioned their opponents’ motives and attacked their characters, appealed to the material interests of voters, employed dirty tricks and made backroom deals when necessary.” Sound familiar?

Okay, you probably are choosing to go sort your socks rather than to hear any more from Professor Klarman or from me. But a word of caution, Gentle Reader, if I have had to experience the joys of all the almost 900 pages of Constitutional history, you may have the same opportunity in next week’s column. We might even delve into the vicissitudes of whether the United States Supreme Court is truly independent or are its decisions as politically based as those of the other two Branches

Mayberry We Miss You

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In December 1991 my family and I ate at Luby’s Cafeteria in Killeen, Texas. There was no trace of the bodies, blood and shattered glass from the October 16, 1991 mass shooting. We still felt their presence. Although I remembered the city riots of the 1960’s and 70’s and had closely followed the violence of 1968, the utter randomness of the Luby’s murders stoked more personal concerns. To slaughter people one did not even know struck me as much more horrendous than the misguided criminal actions of zealots.

While America’s 20th century experience with deadly violence from 1900 up to the 1960’s was extensive and tragic, as Jasmine Henrique reported in her article Mass Shootings in America: A Historical Review (Global Research News, 2013), the victims were almost always members of the killer’s own family or were the unfortunate object of a felonious act such as a specific, intentional robbery that was committed in secret. However, in most of the last half of the 20th century and the first nineteen years of the 21st century America has endured public mass killings of persons who were strangers to their murderers.

Memories of Luby’s came back to me as I participated in an internet class on judge and courthouse security taught by my friend and fellow faculty member Judge D. Neil Harris from Mississippi. Judge Harris along with other faculty of the National Judicial College including me are teaching a six-week course to seventeen judges from across America. Of course, it is not just the judiciary that needs to be concerned about security.

If you recall, when this course on general judicial topics started three weeks ago I suggested in this column there was much we modern judges could learn by examining how courts and judges arose originally. That is when humans considered net-working to be making friends with the folks in neighboring huts. As for court security in those bygone days about all that was required was for the judge to treat people who came to court as the judge would want to be treated. This worked pretty well until the world began to fill up with people who were not comfortable living in a smaller area.

But now, as William Wordsworth (1770-1850) might say, “The world is too much with us”. Or as Henry David Thoreau (1817-1862) might have nostalgically wished if he were in charge of courthouse security, “That security system is best that restricts the least”. Unfortunately, we can no longer simply return to nature. The world has moved on.

Whereas in 1950 there were 151 million people in the United States and it seemed space was infinite, in 2019 we have 327 million and it has become difficult to stretch out. Mayberry, our TV town of 2,000, has metamorphosed into what feels like a megalopolis from sea to sea and from Mexico to Canada. Sheriff Taylor, who did not even carry a gun, ordered Deputy Barney Fife to carry only one bullet and keep it in his shirt pocket.

It may be that over population has impacted our behavior. Dr. John Calhoun (1917-1995) studied population density using lab rats as subjects. While many other scientists point out humans are not rats and are more able to adapt as conditions change, it may be our precipitous increase in mass shootings of random victims has come about as, at least, a partial result of population density. In their analysis of Calhoun’s theories, Doctors Edmund Ramsden and Jon Adams in their article Escaping the Laboratory: The Rodent Experiments of John B. Calhoun & Their Cultural Influence (Journal of Social History, Spring 2009) stated:

“As population density (of the rat city) increased it became evermore difficult for an individual to control the frequency of social contact. The result was unwanted interaction, leading to adverse reactions such as hostility and withdrawal, and ultimately, to the type of social and psychological breakdown seen during the latter stages in his (Calhoun’s) crowded pens.”

To solve a problem it helps to understand the cause of the problem It may be there are more valid causes for mass shootings than increasing population density. If so, they should be defined. However, if our teeming mass of humanity is contributing, we should address it and use our Homo sapiens adaptability to assuage the carnage. Regardless, whatever the etiology of increasing societal, including courthouse, violence there is no doubt is is occurring.

As reported by Timm Fautsko, Steve Berson and Steve Swensen of the National Center for State Courts and the Center for Judicial and Executive Security, there were 199 incidents of courthouse violence from 1970-2009 with an increase noted each decade. As they posited:

“We live in a time when threats against judges and acts of violence in courthouses and courtrooms are occurring with greater frequency than ever before.”

As much as I yearn to return to Mayberry and rely upon my mother’s stated advice, “Jimmy, just be nice”, the evidence overcomes the myth. Society, including the judicial system, must face the reality of a 21st century world. Security is necessary. That is why the Indiana Supreme Court in its Administrative Order AD19 requires each county court system to develop a security plan, seek approval for that plan, implement that plan and update the plan every two years.

I do not like it and my guess is neither does the Supreme Court. However, I, and I believe they, know it is necessary.

It Would Be An Honor, However …

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Jim Redwine July 4, 2019

Peg and I and several members of the Redwine family were fortunate to have been included in last week’s New Harmony, Indiana Fourth of July Celebration. It was a community effort with fine music, an excellent reading of the Declaration of Independence by our friend and neighbor Chuck Minnette and copious amounts of hot dogs and ice cream. I was honored to be included as a speaker.

Reporter and photographer Lois Mittino Gray of the Posey County News did an excellent job of capturing the essence of America’s Birthday celebration and I truly appreciated her kind remarks. I also understand how someone named Redwine who was born on the Osage Indian Nation in Pawhuska, Oklahoma and who wore an Osage inspired patriotic vest could be assumed to be a member of the great Osage Tribe. While such an honor would be a source of great pride for me, alas, while I have numerous Osage, and other Indian tribe friends, I am not a tribal member.

Growing up in Osage County I played sports with and against Osages. I attended church and public schools with Osages. I count Osages among my best friends and treasure our memories and current relationships. I have always felt accepted and respected as a friend, teammate, schoolmate and competitor by my Osage friends. But the great privilege of being an actual Osage must remain in the realm of desire, not reality.

Gentle Reader, should you wish to encounter a culture where the Osage Tribe and several other justly proud Indian peoples will welcome you as they always have me and my family, I recommend you plan an excursion to Pawhuska, Oklahoma. You will find buffalo (bison), miles of virgin prairie on the Tallgrass Prairie Preserve, the Osage Tribal Museum, the Osage County Historical Museum, Woolaroc Museum, cowboys of the non-drugstore type, rodeos and the Pioneer Woman’s Mercantile among just some of the fun and enriching things to experience. You may even encounter Peg and me and other members of the Redwine family as Osage County and Pawhuska may not officially designate us as Osage, but we all have always proudly claimed the culture and heritage of that special place.

Every Month Has A Fourth

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America’s court system has several purposes but, in general, they all amount to resolving controversies. Citizens need some place to help them settle their differences with other citizens so everyone can get on with their lives. And one of the most important thing judges can do to start the resolution of a court case is to encourage the competing parties to find common ground. If the competing parties recognize they have similar needs and if all parties can at least consider the possibility that an outcome that benefits their adversary may also benefit themselves, a path leading to a reasonable compromise may appear.

Our country has often struggled with competing strongly held beliefs even going so far as resulting in the Civil War. But short of actual armed conflict we have suffered through numerous periods where political issues at first appeared to be intractable but were assuaged by the parties finding common ground. Our current public debate over such issues as immigration or war with Iran or several other significant matters may feel as if the only solutions are pistols at ten paces. However, when Americans are reminded we have more and better reasons to agree than disagree, we can begin to accommodate, and even celebrate, our differences. Such is the beauty of our national birthday party. Perhaps we should consider having similar periods of healing every month.

Peg and I participated in one such Fourth of July celebration in New Harmony, Indiana last week. Because New Harmony is a small town we personally knew where many of the people attending and involved in the party stand on volatile issues such as immigration, global warming, military involvement, the Me Too Movement, Black Lives Matter and, especially, partisan politics. Many of our friends and family are well informed and passionate on these and other matters. Conversations have often seemed more like a contact sport than reasoned debate.

But for several hours on the Fourth of July we all found common ground in the Declaration of Independence, songs of praise and a First Amendment type respect for our hard won honorable common heritage. In our culture we have numerous monthly events that each of us enjoys and respect such as club and association gatherings, sporting events, birthdays and anniversaries. Maybe we should set aside some time every month to renew our common faith in America.

The Redwines at Maclure Park, New Harmony, Indiana
Photo by Lois Mittino Gray