There is no reason to believe that in the face of statutory ambiguity, the meaning of federal law should be settled by the inclinations and predispositions of federal judges. The outcome should instead depend on the commitments and beliefs of the President and those who operate under him.
Cass SunsteinThe idea that Taylor Swift would become the giant pop icon of 2015, 2016 - she's really good, but I don't think it's written in the stars.
Cass SunsteinAs a matter of history, the Fourteenth Amendment was not understood to ban segregation on the basis of race.
Cass SunsteinI have argued in favor of a reformulation of First Amendment law. The overriding goal of the reformulation is to reinvigorate processes of democratic deliberation, by ensuring greater attention to public issues and greater diversity of views.
Cass SunsteinThere are some lawyers who think of themselves as basically instruments of whoever their clients are, and they pride themselves on their professional craft
Cass SunsteinI have talked to Barack Obama about Star Wars recently, in the Oval Office, and he is definitely a fan. Article 2, Section 1 of the Constitution creates executive privilege, and as for government regulation and information policy, so too for Star Wars, I will not disclose discussions in private with the President of the United States.
Cass SunsteinGovernment agents (and their allies) might enter chat rooms, online social networks, or even real-space groups and attempt to undermine percolating conspiracy theories by raising doubts about their factual premises, causal logic or implications for political action.
Cass SunsteinStar Wars may be kind of a cartoon, but the original trilogy depicts a political paralysis which breeds an interest in a strong leader who will make a significant break with the past. And Hillary Clinton is a person - whether you like it or not - of extraordinary experience. I don't know if we ever had a presidential candidate with that level of political experience. There's no learning curve for her. And that, in some periods, would be a huge plus. In the end, I think it will be a significant plus for her now.
Cass SunsteinOn reflection, some things do super well because they hit with the time. Some things do super well because they are able to activate a kind of echo chamber or bandwagon or cascade - they didn't particularly hit with the time. Some things are just too astonishingly good to not hit the top. Those three explanations, with respect to the Star Wars phenomenon, seem to me all to pass the plausibility test, and to explore them, with respect to Star Wars, I think casts light not just on the saga of our time, but also on everything about our culture.
Cass SunsteinIt is even possible that desirable redistribution is more likely to occur through climate change policy than otherwise, or to be accomplished more effectively through climate policy than through direct foreign aid.
Cass SunsteinI talked to George Lucas once, not about Star Wars. Everyone wants to talk to him about Star Wars, and I didn't want to be one of those people. In person - at least on this occasion - he wasn't effervescent and giddy, as the Star Wars movies are. He's more focused.
Cass SunsteinIf you take anything that succeeded, just imagine it succeeding 10 years before or 10 years after, you could almost always make, with the same plausibility, the "it fit the times" argument.
Cass SunsteinI started to read as obsessively about Star Wars as I once did about Kant - and still do about behavioral economics and behavioral psychology.
Cass SunsteinSo, you could often say things are terrible and that accounts for what happened, or things are really bright, and that accounts for what happened. Often, the real explanation for what happened is much more subtle and interesting and involves maybe small shocks or what a couple people did on a Wednesday morning that changed the arc of history.
Cass SunsteinCatholicism is a wide tent in terms of political and legal positions. We could have nine Catholics on the Supreme Court and a great deal of diversity toward the law.
Cass SunsteinI strongly believe that the Second Amendment creates an individual right to possess and use guns for purposes of both hunting and self-defense.
Cass SunsteinThe U.S. is blessed with tremendously creative and imaginative law students at places like Chicago, Harvard, Columbia and Yale.
Cass SunsteinAnd so it's no surprise that people who object to the death penalty on pure moral grounds also think it has no deterrent effect, and people who like the death penalty on grounds of retribution tend to think it has deterrent effects. They like that, and they believe that. I think with climate change we're seeing very much the same thing where those who deny climate change, they don't like that, and they don't believe it.
Cass SunsteinI'll tell you an explanation that I find commonly overrated and speculative in the extreme: the idea that things that succeed in popular culture do that because they hit the temper of the times.
Cass SunsteinSomewhat more broadly, I will suggest that animals should be permitted to bring suit, with human beings as their representatives, to prevent violations of current law.
Cass SunsteinI think it may be that the fans of your least-favorite political candidate, whoever it is, are much more likable and light-side types than you might think going in. One way to reach them is to talk about Star Wars.
Cass SunsteinIt's fair to say that there's something retrograde about putting the leader of Star Wars rebellion in the position of "slave in a bikini." There's no question that that's a fair point. But, it is true, and it's kind of remarkable, that at this point in our history, the slave girl, for a time in the bikini, is the one who chokes her captor with her bare hands and using the chain with which he bound her. That's powerful stuff. That's more retributive feminism than I think teenaged boys had ever seen.
Cass SunsteinThe hero of the beloved Star Wars trilogy is Luke. The principle dynamic is the complicated relationship between Luke and his father. Not coincidentally, George Lucas' last name sounds a lot like Luke. That's the one he identified with. George Lucas had a tumultuous relationship with his own father, and people who know him say that you can't understand the backstory of the movies without knowing that his dad was occasionally difficult but also very loving. They had a big break between them. In those movies, he's very focused on sons and fathers.
Cass SunsteinI wouldn't call Trump supporters or Sanders supporters fanatical. One thing, I would say they're very discouraged with where things are. I don't think in either case they're fanatical.
Cass SunsteinMost problems are best solved privately, not through government. There's a problem of discourtesy in the world, which is best handled through social norms, which are indispensable. But you wouldn't want the government to be mandating courtesy.
Cass SunsteinThose who believe in climate change, as I do, I think it's also fair to say that they are more receptive to confirming evidence than disconfirming evidence. They happen to be right, but their motivations are in play also.
Cass SunsteinHow do things, whether they are movies, or plays, Hamilton, or people, ideas - how do they become transformative or iconic? That is in some ways what the actual Star Wars saga gets at, with the tale of the rise and the fall of the empire and the rise and the fall of Republics.
Cass SunsteinAlmost all gun control legislation is constitutionally fine. And, if the court is right, then fundamentalism does not justify the view that the Second Amendment protects an individual right to bear arms.
Cass SunsteinThe middle class is not doing well, and trade policy might have something to do with that, and so someone who is going to be fixated on those things, who has a business background, has some appeal.
Cass SunsteinA well-functioning democracy has a culture of free speech, not simply legal protection of free speech. It encourages independence of mind. It imparts a willingness to challenge prevailing opinion through both words and deeds. Equally important, it encourages a certain set of attitudes in listeners, one that gives a respectful hearing to those who do not embrace the conventional wisdom. In a culture of free speech, the attitude of listeners is no less important than that of speakers.
Cass SunsteinThe 'cash for clunkers' program was a big success in part because it gave people the sense that the economy was moving.
Cass SunsteinOnce we know that people are human and have some Homer Simpson in them, then there's a lot that can be done to manipulate them.
Cass SunsteinIf Star Wars had been released in the late '60s, or late '80s, or late '90s, adjusting for technology, it fits spectacularly well.
Cass SunsteinIt's deeply human to do both the worst things and the best things because of your fear of loss.
Cass SunsteinRumors are nearly as old as human history, but with the rise of the Internet, they have become ubiquitous. In fact we are now awash in them. False rumors are especially troublesome; they impose real damage on individuals and institutions, and they often resist correction. They can threaten careers, policies, public officials, and sometimes even democracy itself.
Cass SunsteinThe sky is always falling or the sky is always bright. In some ways, this is really morning in America and we don't see it. People are living longer, the economy is doing pretty well. On the other hand, there are some ways of thinking in the current situation that make it look not so good, including our Star Wars prequels - like legislature, meaning they're talking a lot, not doing a lot.
Cass SunsteinMy own view is that institutions are a glory, and for all their imperfections, something really to be proud of. It is true that things can be a lot better than they are. It's okay to emphasize that.
Cass SunsteinA program that saves young people produces more welfare than one that saves old people.
Cass SunsteinLiberals are sometimes defined as people who can't take their own side in an argument.
Cass SunsteinThose subject to capital punishment are real human beings, with their own backgrounds and narratives. By contrast, those whose lives are or might be saved by virtue of capital punishment are mere 'statistical people.' They are both nameless and faceless, and their deaths are far less likely to be considered in moral deliberations.
Cass Sunstein