THE ADVOCATE 957
VOL. 77 PART 6 NOVEMBER 2019
Using a chess metaphor in Spacil v. Crowe, 489 F.2d 614, 619 (5th Cir. 1972),
the court said with respect to the executive’s role in relation to foreign policy
The degree to which granting or denying a claim of immunity may be
important to foreign policy is a question on which the judiciary is particularly
ill equipped to second-guess the executive. The executive’s institutional
resources and expertise in foreign affairs far outstrip those of the
judiciary … Perhaps more importantly, in the chess game that is diplomacy
only the executive has a view of the entire board and an understanding
of the relationship between isolated moves. Will granting
immunity serve as a bargaining counter in complex diplomatic negotiations?
… Will it preclude a significant diplomatic advance; perhaps a
detente between this country and one with whom we are not on the best
speaking terms? These are questions for the executive, not the judiciary.
Paul Charles Morphy, an American who studied law at what is now Tulane
University and qualified as a lawyer, was considered to have been one of the
greatest chess players of all time. He did not have a successful law practice;
Wikipedia advises that an impediment was the fact that “when he had visitors,
they invariably wanted to talk about chess, not their legal affairs.”
Marvel, through tears of laughter, at courageous members of the legal community
as they debate the maxim “Be it resolved that the king can do no
wrong” as humorously and persuasively as they possibly can. When?
Where? At the annual BGuiled Debate Try-Outs at the Rickshaw Theatre on
Wednesday, November 13, 2019 at 6 p.m., of course. For tickets, visit <http:
//bguileddebate.com/>. Want to try out? E-mail us <bguiled.debate@
gmail.com>. All proceeds go to a wonderful charity.
Thought du mois:
“What’s the use of a fine house if you haven’t got a tolerable planet to
put it on?”
—Henry David Thoreau
(1817–1862) American poet, essayist and mystic. Author of Walden (1854)
and Civil Disobedience (1849).
He chose jail rather than pay the poll tax to sustain the Mexican War.