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By Root 1512 0

—his unyielding opposition to slavery and his determination that a house divided could not stand. But his presidency was guided by a practicality that would distress us today, a practicality that led him to test various bargains with the South in order to maintain the Union without war; to appoint and discard general after general, strategy after strategy, once war broke out; to stretch the Constitution to the breaking point in order to see the war through to a successful conclusion. I like to believe that for Lincoln, it was never a matter of abandoning conviction for the sake of expediency. Rather, it was a matter of maintaining within himself the balance between two contradictory ideas—that we must talk and reach for common understandings, precisely because all of us are imperfect and can never act with the certainty that God is on our side; and yet at times we must act nonetheless, as if we are certain, protected from error only by providence.

That self-awareness, that humility, led Lincoln to advance his principles through the framework of our democracy, through speeches and debate, through the reasoned arguments that might appeal to the better angels of our nature. It was this same humility that allowed him, once the conversation between North and South broke down and war became inevitable, to resist the temptation to demonize the fathers and sons who did battle on the other side, or to diminish the horror of war, no matter how just it might be. The blood of slaves reminds us that our pragmatism can sometimes be moral cowardice. Lincoln, and those buried at Gettysburg, remind us that we should pursue our own absolute truths only if we acknowledge that there may be a terrible price to pay.

SUCH LATE-NIGHT meditations proved unnecessary in my immediate decision about George W. Bush’s nominees to the federal court of appeals. In the end, the crisis in the Senate was averted, or at least postponed: Seven Democratic senators agreed not to filibuster three of Bush’s five controversial nominees, and pledged that in the future they would reserve the filibuster for more “extraordinary circumstances.” In exchange, seven Republicans agreed to vote against a “nuclear option” that would permanently eliminate the filibuster—again, with the caveat that they could change their minds in the event of “extraordinary circumstances.” What constituted “extraordinary circumstances” no one could say, and both Democratic and Republican activists, itching for a fight, complained bitterly at what they perceived to be their side’s capitulation.

I declined to be a part of what would be called the Gang of Fourteen; given the profiles of some of the judges involved, it was hard to see what judicial nominee might be so much worse as to constitute an “extraordinary circumstance” worthy of filibuster. Still, I could not fault my colleagues for their efforts. The Democrats involved had made a practical decision—without the deal, the “nuclear option” would have likely gone through.

No one was more ecstatic with this turn of events than Senator Byrd. The day the deal was announced, he walked triumphantly down the halls of the Capitol with Republican John Warner of Virginia, the younger members of the Gang trailing behind the old lions. “We have kept the Republic!” Senator Byrd announced to a pack of reporters, and I smiled to myself, thinking back to the visit that the two of us had finally been able to arrange a few months earlier.

It was in Senator Byrd’s hideaway on the first floor of the Capitol, tucked alongside a series of small, beautifully painted rooms where Senate committees once regularly met. His secretary had led me into his private office, which was filled with books and what looked to be aging manuscripts, the walls lined with old photographs and campaign memorabilia. Senator Byrd asked me if it would be all right if we took a few photographs together, and we shook hands and smiled for the photographer who was present. After the secretary and the photographer had left, we sat down in a pair of well-worn chairs. I inquired after his