When the Jews were being persecuted by the Nazis in 1944 we passed the War Refugee Act, which focused on rescuing Jews, a religious group. But if the religious group is the subject of the persecution based on their religion, it's perfectly OK for a First Amendment-bound society to emphasize their rescue, just as it is perfectly OK to emphasize the fact that many, if not all of the perpetrators of Islamic terrorism, come from countries with a history of supporting terrorism.
To ask about the 'source' of rights or morals assumes an erreous conclusion. To ask about the source of morals is to assume that such a source exists. As if it existed outside of human constructed systems. The 'source' is the human ability to learn from experience and to entrench rights in our laws and in our consciousness. Our rights come from our long history of wrongs.
I have no doubt that if an actual ticking bomb situation were to arise, our law enforcement authorities would torture. The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we are to have torture, it should be authorized by the law.
For most people, the question why be good - as distinguished from merely law abiding - is a simple one. Because God commands it, because the Bible requires it, because good people go to Heaven and bad people go to Hell.
I don't think the law exists to arrive at the truth. If it did, we wouldn't have exclusionary rules, we wouldn't have presumptions of innocence, we wouldn't have proof beyond reasonable doubt. There's an enormous difference between the role of truth in law and the role of truth in science. In law, truth is one among many goals.
In my neighborhood, everyone had an opinion on the local cantor. You didn't go to a synagogue to listen to the rabbi's sermon. You went to listen to the cantor. It was like a concert.
Though Israel may often be deserving of criticism, what is missing is the comparable criticism of equal or greater violations by other countries and other groups. This constant, often legitimate criticism of Israel for every one of its deviations, when coupled with the absence of legitimate criticism of others, creates the impression currently prevalent on university campuses and in the press that Israel is among the worst human rights violators in the world....it is not true, but if it is repeated often enough, it takes on a reality of its own.
I have made a career out of arguing that we shouldn't be criminalizing political differences. I've made a career out of arguing that the grand jury is an abusive institution. I have made a career out of arguing that we shouldn't stretch and expand the criminal law. I'm not going to change it because you think these are abnormal times. When Thomas Jefferson told the Justice Department that they had to prosecute Aaron Burr, and that he was going to have the chief justice impeached unless he found Aaron Burr guilty, those were special times too.
It simply cannot be disputed that for decades the Palestinian leadership was more interested in there not being a Jewish state than in there being a Palestinian state.
Doing something because God has said to do it does not make a person moral: it merely tells us that person is a prudential believer, akin to the person who obeys the command of an all-powerful secular king.
All religions and cultures suffer from sources that preach hate against the 'other.' Throughout history some have, tragically, practiced what their sources preached, while some have sought to dismiss or even counteract the hateful words of their sources.
There will never be another Ed Koch. He was an original, but he represented a significant, if shrinking, segment of American Jewry who refused to compromise their liberal values, their support for Israel or their Jewish pride.
I'm worried about privacy because of the young people who don't give a damn about their privacy, who are prepared to put their entire private lives online. They put stuff on Facebook that 15 years from now will prevent them from getting the jobs they want. They don't understand that they are mortgaging their future for a quick laugh from a friend.