Hanukkah and Other Timely Comments

Hanukkah officially begins at sunset today. I have talked about the holiday before. I am also writing something (symbols and history) for other blogs. I will see if either or both are posted. I found Justice Blackmun's background in a case involving a governmental display helpful.*  

The history is somewhat complex. We can go into the weeds but then there is the reality that we basically only have one side of the story. The history is at least partially a matter of cultural struggle (Hellenistic Jews -- how far could they go in Greek ways before that is a contradiction in terms?). It also was a power struggle between an empire and a divided local people.

The eight day Hanukkah celebration itself (see, especially, 2 Maccabees) might have been based on a pre-existing winter festival, including the eight day dedication (the literal meaning of "Hanukkah") of the temple. The "miracle of the oil" is a later addition. 

Holidays usually have complexities, including Thanksgiving and Christmas. Hanukkah today is largely a family holiday that celebrates Jews and Judaism. It is -- to use a word I have started to use more now that I wrote something about it (in draft form) -- ultimately a celebration of resilience. Jews survived and if anything gain strength from their struggles. 

Plus, you have all that fried food (oil for the dedication!). How can you not enjoy a holiday with fried jelly donuts? 

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The "day that will live in infamy," to quote FDR, also is complex. The Japanese did not just attack Pearl Harbor because they were evil. The United States were blockading crucial supplies (after Japan attacked territories of U.S. allies). The Japanese also were taking part in a pre-emptive strike. They had reason to believe the U.S. would go to war.

A basic reason why the attack is so shocking is that the Japanese were in the midst of negotiation with the United States. Thus, it was a form of treachery. The event was also an intelligence failure. There was some evidence that an attack would occur. Overall, before 9/11, it was the biggest surprise attack (to push aside the Brits) on our shores. Very shocking.

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We are having a few very old and notable people dying these days. Roslyn Carter died. Then, we had Henry Kissinger. And, Sandra Day O'Connor. Now, Norman Lear -- the television pioneer -- has died. He was over 100. He lived a long and productive life. #RIP

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* I also have written a lot about government display litigation. 

The judgment there was a fractured one. The median position was that a stand alone creche (symbol of Christian nativity) was unconstitutional. Nonetheless, a menorah that is part of a wider holiday display was acceptable. A solitary menorah or two blatantly religious displays together might somehow be problematic too. 

It is very unclear what is left of this case today. I have been sympathetic about the separationist position. Over the years, I decided the best path is (1) providing localities some discretion on how much separation is required (2) the core concern is neutrality. The median position might be okay. The display had a Christmas tree, a menorah, a statement in honor of liberty. 

These days, a stand alone creche very well might be acceptable as a symbol of Christmas. I find allowing a governmental display of this sort still troubling. The typical creche is concerns the three wise men worshiping the baby Jesus. This is a religious message. It is a bit sad, as Justice Blackmun noted in another case, that it is acceptable since it is so watered down.