The Miner's Canary

By Lani Guinier & Gerald Torres

This article appeared in the February 18, 2002 edition of The Nation.

January 31, 2002

The old tale about the walled city of Verona has something to tell us about the present political situation in the United States. Over time, the story goes, the population inside the wall grew and the city became overcrowded. The problems from this circumstance mounted, until one day the bishop decided something had to be done and called a meeting with the chief rabbi. The bishop said, "The overcrowding has become unbearable. The Jews must leave." The chief rabbi said, "Leave? But we have lived here for generations! Surely we should talk about so drastic a measure." The bishop replied, "But who should talk? We could have a debate. But everyone in town cares about the subject." The rabbi proposed, "We could hold it in the amphitheater; there is room for everyone." But the bishop said, "No one could hear us there. It will have to be a silent debate." And so they agreed.

The appointed day arrived. Everyone turned out and watched expectantly as the bishop began. He raised his right hand up to the sky. The rabbi brought his right hand down and pointed to his left palm. The bishop held up three fingers. The rabbi held up one. The bishop reached under his chair and took out a wafer and ate it, and a glass of wine and sipped it. The rabbi pulled out an apple and took a bite. At that moment, the bishop leapt up and said to the rabbi, "You are right, the Jews can stay. We in Verona will have to find another way to solve our problem."

A crowd gathered around the bishop, excited and perplexed. "We followed the debate very closely, but what exactly was said?" one person asked. "Ah, the man was brilliant," exclaimed the bishop. "I said, 'The Lord of All commands that the Jews leave Verona today.' He replied, 'But the Lord is here in Verona with the Jews, too.' I answered, 'The three aspects of the Trinity--the Father, the Son and Holy Ghost--guide us on this matter.' And he answered, 'But there is just one Almighty, one King of the Universe.' I responded with the wafer and the wine to say, 'Jesus died for our sins so the Christians could be saved.' But he responded with the apple, noting 'We are all children of Adam and Eve.' And indeed we are. We are in this together; we will work it out together."

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About Lani Guinier

Lani Guinier, the Bennet Boskey Professor of Law at Harvard Law School, is the co-author of The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy (Harvard). more...

About Gerald Torres

Gerald Torres is H.O. Head Centennial Professor in Real Property Law, University of Texas Law School. more...
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