Robert Taft: Infuriating Man of Principle
In 1946, a conference was held at Kenyon College in Ohio to discuss the state of the world in the wake of WWII. Many eminent Americans and foreigners including the poet Robert Frost took part, and people flocked from all over the state to be in the audience. But the true “star” of the show was Robert Taft, the Republican Senator from Ohio.
Towards the end of his speech, Taft condemned the Nuremberg Trials of Nazi leaders and war criminals, just concluded at the time, as “vengeance” rather than justice, as the lawless imposition of ex post-facto punishment contrary to the entirety of the history of Anglo-American jurisprudence, and as an act which would serve as a “blot” on America’s name.
To say this caused a firestorm is an understatement. America had just fought the second bloodiest war in its history to rid the world of Nazi Germany and its allies. The realities of the Holocaust, now undeniable to all but the most deluded, were common knowledge throughout the west. The people who had been sentenced were unquestionably moral monsters, something Taft himself did not deny.
Nor was Robert Taft some obscure nobody seeking to get easy attention and press with some off the cuff or provocative remarks. The son of President William Howard Taft and known as “Mister Republican” to his colleagues in DC and often throughout the country, Robert Taft was the closest thing the Republican Party had to a one-man think tank. Taft was the kind of man who engaged the media but also spent many hours reading legislation, regulations, and books to try to flesh out the party’s stances on complicated issues and even convince his friends across the aisle. Very little of what he did or said – good or bad, right or wrong – was done without a lot of forethought.
The easy retort in our age would be to blast Taft as simply a bigot or Nazi sympathizer and nothing more, yet another example of how retrograde and reactionary Republicans always were. It is true that many on what would be called the Old Right, who considered FDR a dictator who tricked the country into war and who harbored sympathies for Nazi Germany for various reasons, can legitimately be tarred with that brush. Since Taft is often associated with this label as opposed to the more progressive and liberal wings of his party at the time, including men such as Thomas Dewey, it would seem an easy case to make.
It would also be wrong. Taft made serious efforts during a war he was ambivalent about to try and ensure Jews in Europe were aided as much as possible. He was also a vocal and consistent Zionist. This, at a time when Jews were overwhelmingly Democratic and prejudices against Jews among the non-Jewish population, even after Pearl Harbor, were still very strong.
In my opinion, Taft’s stance on Nuremberg may be incredibly infuriating (including to myself as a Jew and hater of tyranny), but it was unquestionably principled, as can be seen from his entire career in the Senate from 1939 to 1953, when he died of cancer. It was no coincidence that he was included among JFK’s eight Senators to be lauded as “profiles in courage” in standing athwart overwhelming opposition for what they thought right.
If there was one clear thread connecting that career, it was his die-hard, unequivocal opposition to what he considered not only government overreach but also government unrestrained by clear, explicit law. Contrary to later mythology, Robert Taft was no ribald libertarian and supported targeted government funding for schools and housing, as well as reasonable labor regulations. But he always stood athwart anything giving the government power not explicitly granted it in law and carefully delineated in legislation.
It was on these grounds that he opposed not only many federal government programs but also sweeping wartime projects. The same principle that led him to oppose Nuremberg as lawless also led him to be the only Senator in either party to oppose the internment of the Japanese as being “sweeping” to the point of being entirely indiscriminate.
And therein lies the rub: You cannot have one without the other. You cannot separate Robert Taft’s opposition to Nuremberg and his opposition to internment. They draw from the same root. Nor can we just handwave away his views as that of a man of the past whom the world had passed by. His arguments on pretty much every issue were serious and carefully considered, even if often wrong or too clever by half, and the passage of time makes no difference as to their correctness or incorrectness.
Whenever history is brought up in public discourse, it is often how the present judges the past, or how the future will judge our present. People like Robert Taft remind us that there are many arguments or ideas made in the past which can resonate or unsettle us just as strongly today as then, even if we think – incorrectly – that the matter was “settled.” We would do well to learn from them, afford them that respect, and realize that “dialogues” with the past must always cut both ways.
Really interesting piece! Thanks!Report
Just because someone keeps to their principles, does not mean their principles are good.Report
You should look at yourself in the mirror and chant this ten times every dayReport
I think a fair number of the Justices sitting on the Supreme Court disapproved of the Nuremberg trials for draping victor’s justice in the costume of due process, as well as Justice Jackson accepting the appointment to act as a prosecutor. But I don’t think these views were made public at the time.Report
Its good to demand adherence to the law.
But its also important to remember that the law itself needs to be held to some higher standard.
We saw this a lot during the Iraq war and the discussions about how to treat Al Queda and Taliban prisoners at Gitmo. In those cases “It conforms to the law!” became a farce, since the law was being constantly adjusted to whatever the administration wanted it to be.Report
I think the treatment of GWoT detainees is an excellent case for his approach, though. Our laws were so broad as to give almost a blank check. The laws didn’t strictly delimit authority.
While we can and sometimes should talk of higher standards, such standards aren’t self-enforcing. They will only be upheld to the extent that We the People and our government officials see to it that they are. And, they will not be upheld beyond the standard that we have for them. Requiring government use of power to be specifically defined in law can’t save us from creating evil law should we collectively choose to do so, but it does require us to confront and put into words what we will see done and prevent us from playing a circular game where we pretend it’s not what we’re doing when we pass vaguely worded laws and then pretend that because it doesn’t violate the vaguely worded law, it’s fine.Report
Agreed in full.Report
Great response.Report
The “law itself needs to be held to some higher standard” very easily becomes “…and this standard is based on my personal morality!”
The Bush administration (many of them) and those working under it were terrible awful people who got away with things they should have faced retribution for. The solution to the excesses of the Bush administration should never have been “game on, my side should do this too.”
The reason why adhering to the law is a superior approach than some nebulous “higher standard” is that the “higher standard” is even easier to constantly adjust to whatever the administration wants it to be than laws are. Laws are better than “higher standards” because laws must be argued over, agreed upon, made matters of the public record, typically are based in history of many generations of collective human experience, and are available for the individuals who are supposed to obey and enforce said laws, to read and understand themselves. There is accountability in laws, baked into them, that is not present in “higher standards.”
The real farce is claiming that laws have shortcomings because they aren’t always fairly and justly implemented, but with a straight face offering up as alternative “higher standards,” as if those would be in any way fairly and justly implemented.Report
Are you sure “ribald libertarian” is the phrase you want? Perhaps you’re confusing Robert with his father.
https://www.comics.org/issue/968404/Report
“People like Robert Taft remind us that there are many arguments or ideas made in the past which can resonate or unsettle us just as strongly today as then, even if we think – incorrectly – that the matter was “settled.” We would do well to learn from them, afford them that respect, and realize that “dialogues” with the past must always cut both ways.”
Really appreciated this piece.Report
To clarify, Taft did advocate imprisoning the National Socialist leaders for life, but objected specifically to the hanging, and had procedural objections to what was essentially a show trial for crimes that had not actually been illegal under international law at the time they had been committed.Report
I mean, ‘not actually been illegal under international law at the time they had been committed’ is sorta a nonsense concept to have and would keep most of the framework of international law from existing. A huge chunk of international law is basically ‘whatever the prevailing consensus is the law’. (Plus explicit treaties)
If you limit international law to ‘Things that the countries involved already agree, via treaty, were illegal’, you’ve functionally uninvented international law, because countries could just withdraw from (Or never enter) treaties and agreements they didn’t like.
International law, specifically ‘crimes against humanity’, recognizes that there are behaviors that are so unacceptable that no one is allowed to do them, not even a country to their own citizens under their own laws.
Although it sorta sounds like Robert Taft’s objection was more ‘post ex facto’? But the thing is, barring post ex facto is supposed to stop people from doing things that they think are legal, but then later aren’t.
But everyone basically agrees that countries shouldn’t have ever thought genocide of their own citizens was okay. Everyone should have understood that such a thing was always out of bounds.
In fact, the international community almost prosecuted people for ‘violations of the laws of humanity’ after World War I, for pretty much the same thing. This wasn’t some new concept that sprung out of nothing.Report
In fact, the international community had been headed in that direction for over a hundred years, starting with the slavery abolition movement, where the world started saying ‘No, there are some things you can’t do to people, not even your own people in your own jurisdiction, Mr. Government, no matter if you make your laws say that it’s nice and legal’.
The concept of crimes against humanity didn’t just spring, fully formed, out of the heads of Zeus in 1948. That was when it was finally just articulated, and the world finally, finally, started punishing people for committing those crimes.
Which sounds nobler than it was, the only real reason we were able to do that is that they had just lost a pretty bad war and no one would protect them. We’re still very bad at holding people to account for that shit.
But Nuremberg wasn’t vengeance, it was, for once, being able to uphold what everyone, hypothetically, agreed upon. (At least until it came to restraining _their_ behavior, in which case those rules never applied.)Report
George Kennan had a different objection to the Nuremberg trials — the presence of Soviet judges. He accepted the proposition that Hitler’s henchmen deserved to be judged, but not by Stalin’s henchmen.Report