September 2011

Affirmative Action and Equality, Cont’d

by Tim Kowal on September 28, 2011

I would be remiss to leave the recent discussions on affirmative action and equality without citing Frederick Douglass’s moral argument against affirmative action made in 1865 to a group of abolitionists:

“[I]n regard to the colored people, there is always more that is benevolent, I perceive, than just, manifested towards us. What I ask for the negro is not benevolence, not pity, not sympathy, but simply justice. The American people have always been anxious to know what they shall do with us…. I have had but one answer from the beginning. Do nothing with us! Your doing with us has already played the mischief with us. Do nothing with us! If the apples will not remain on the tree of their own strength, if they are worm-eaten at the core, if they are early ripe and disposed to fall, let them fall! … And if the negro cannot stand on his own legs, let him fall also. All I ask is, give him a chance to stand on his own legs! Let him alone! [Y]our interference is doing him positive injury.”

As it turned out, this nation’s racial minorities achieved their most dramatic years of social and economic progress in the years prior to affirmative action.

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Via Pacific Legal Foundation, the California Legislature recently passed a bill, SB 185, that would require the state’s public universities to discriminate on the basis of race and gender in their admissions policies.  Here’s the relevant text of SB 185:

This bill would authorize the University of California and the California State University to consider race, gender, ethnicity, and national origin, along with other relevant factors, in undergraduate and graduate admissions, to the maximum extent permitted by the 14th Amendment to the United States Constitution, Section 31 of Article I of the California Constitution, and relevant case law.

And here’s the relevant provisions of article 1, section 31 of the California Constitution, as amended by Prop 209, which runs expressly counter to SB 185:

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The Best Argument Against Capital Punishment

by Tom Van Dyke on September 22, 2011

To my mind, anyway.

First, I’m no expert on the Troy Davis case, even though I read the newspapers and stayed in a Holiday Inn Express once. Per usual, the barrels of cyberink spent re-litigating the case show our problem to be epistemological; very few have more than the advocate’s version [for or against "reasonable doubt" in this case], although this lessens their passion and conviction not a whit. Pass.

As Jonathan Rowe noted in the comments on the mainpage, the strongest argument for capital punishment is that killers often kill again: after release from prison, perhaps even more often while in prison. Speaking for the greatest good for the greatest number, far more innocents would be saved by the timely execution of murderers than would innocents be executed in error. It’s not even close or arguable from the data.

Still, utilitarianism doesn’t sit well with our sense of justice. It can be equally easy to demonstrate that the whole circus just isn’t worth it as practiced today—the endless appeals, the minimization of any deterrent value by the sparing application of the death sentence. California spends $308 million on each execution and it’s difficult to imagine that nets a worthwhile return. And of course the race dimension makes any empirical discussion impossible. The race card is always top trump.

My reservation, my lean against capital punishment, is a “soft” argument, aesthetic, if you will, and although it could probably be fortified by data, I wouldn’t claim that would be sufficient. Still:

A letter sent to Georgia governor Nathan Deal, that the Georgia Board of Pardons and Paroles reconsider their denial of clemency for Troy Davis–

We write to you as former wardens and corrections officials who have had direct involvement in executions. Like few others in this country, we understand that you have a job to do in carrying out the lawful orders of the judiciary. We also understand, from our own personal experiences, the awful lifelong repercussions that come from participating in the execution of prisoners. While most of the prisoners whose executions we participated in accepted responsibility for the crimes for which they were punished, some of us have also executed prisoners who maintained their innocence until the end. It is those cases that are most haunting to an executioner.

We write to you today with the overwhelming concern that an innocent person could be executed in Georgia tonight. We know the legal process has exhausted itself in the case of Troy Anthony Davis, and yet, doubt about his guilt remains. This very fact will have an irreversible and damaging impact on your staff. Many people of significant standing share these concerns, including, notably, William Sessions, Director of the FBI under President Ronald Reagan.

Living with the nightmares is something that we know from experience. No one has the right to ask a public servant to take on a lifelong sentence of nagging doubt, and for some of us, shame and guilt. Should our justice system be causing so much harm to so many people when there is an alternative?

We urge you to ask the Georgia Board of Pardons and Paroles to reconsider their decision. Should that fail, we urge you to unburden yourselves and your staff from the pain of participating in such a questionable execution to the extent possible by allowing any personnel so inclined to opt-out of activities related to the execution of Troy Anthony Davis. Further, we urge you to provide appropriate counseling to personnel who do choose to perform their job functions related to the execution. If we may be of assistance to you moving forward, please do not hesitate to call upon any of us.

Respectfully and collegially,
Allen Ault – Retired Warden, Georgia Diagnostic & Classifications Prison
Terry Collins – Retired Director, Ohio Department of Rehabilitation and Correction
Ron McAndrew – Retired Warden, Florida State Prison
Dennis O’Neill – Retired Warden, Florida State Prison
Reginald Wilkinson – Retired Director, Ohio Department of Rehabilitation and Correction
Jeanne Woodford – Retired Warden, San Quentin State Prison

In a very real way, we are all the executioners: the state performs the deed on our behalf. So too, we all share the same nightmare.

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The Execution of Troy Davis

by Tom Van Dyke on September 22, 2011

This serves no useful purpose. The deterrent value is zero, and millions are convinced this proves once again that a black man can’t get a fair trial in America. Especially in the South.

Poking through the case against him—as minimally reported by the press but re-examined numerous times by the legal process—”beyond a reasonable doubt” on the part of the original jury is not beyond question. There is no new exculpatory evidence beyond witnesses recanting. [Would you recant testimony if it meant sparing a man's life? I sure might.]

Again, to avoid the tall weeds of the particulars—and every advocate is an expert—the legal process has been observed every step of the way. It’s not the legal system’s job to retry a case from scratch every year for decades. Davis was convicted in 1991; he’s had 20 years of appeals on numerous and varied grounds including whether the electric chair is unconstitutional under the 8th Amendment.

[Lethal injection is now the plan; Troy Davis has just been granted an 11th hour stay.]

This isn’t a legal question, then. The law has been observed, and now it requires its pound of flesh.

The wisdom of extracting this pound of flesh is at question here. Law and its enforcement is not an end in itself; it’s the means to a better polity.

Not only does this serve no good purpose, it will make things worse in our country. This is unwise.

________

LATE ADD: The Supreme Court’s stay has been lifted.
________

LAST ADD: Troy Davis is dead.

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Michael Collins [1890-1922], Ireland. Sought to bring an incremental peace to his troubled native land. Killed by the Irish Republican Army.

Mahatma Mohandas K. Gandhi [1869-1948], India. Non-violently won independence for India from the British Empire. Killed by a fellow Indian opposed to an accommodation to Pakistan, India’s Muslim twin separated/partitioned at birth.

Malcolm X/El-Hajj Malik El-Shabazz [1925-1965], US. Turned from race confrontation to racial ecumenicalism with his conversion to orthodox Islam. Killed by his old mates at the race-based Nation of Islam.

Muhammad Anwar al-Sadat [1918-1981], Egypt. Partner in historic peace agreement with Israel. Egypt is suspended from the Arab League; Sadat is killed by fundamentalists in his army two years later.

Yitzhak Rabin [1922-1995], Israel. Nobel Prize-winner for his work on the Oslo Accords. Killed by a fellow Israeli opposed to them.

And now

RIP

Burhanuddin Rabbani [1940-2011], Afghanistan. Former president of Afghanistan. Was mediating a possible political peace and reconciliation with the Taliban. Killed by a Taliban suicide bomber.

Nothing to add here but the thanks of all mankind. Of all our heroes, these are our greatest. Rest now, our brothers. In Peace.

You did what you could.

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Doubling Down on Audacity, or: On President Hillary

by Tom Van Dyke on September 20, 2011

It’s an open secret that the Obama presidency stinks on ice. Nick Gillespie of the libertarian Reason mag prophetically came up with the locution as early as April of 2009:

Question to the folks, including some of the libertarian persuasion (you fools!), who were bullish on Obama back when the alternative was John McCain, the Terri Schiavo of presidential candidates: When are you going to admit that Barry O stinks on ice? That for all his high-flying and studiously empty rhetoric he’s got the biggest presidential vision deficit since George H.W. Bush puked on a Japanese prime minister (finally, revenge for that long run of Little League World Series losses in the ’70s!).

Google “Obama” and “stinks on ice” and you’re rewarded with an avalanche.

You fools. But that’s not to say Americans think John McCain would have been a better president. Me neither; albeit an unapolegetic gentleman of the right, there’s a limit to partisanship and what I can say with a straight face. Americans sensed there was something not quite right with Sen. McCain, and his first two executive decisions, his choice of VP and ditching the campaign trail in reaction to the budget crisis, showed an astonishing lack of prudence, the thing we need most in a Commander-in-Chief.

In a recent Bloomberg poll, “Twenty-nine percent say things would be better if McCain were president, while 28 percent say things would be about the same and 35 percent say the nation would be in worse shape.”

There’s little nostalgia for what might have been with a President McCain. 29 percent represents the GOP hard core more or less. By contrast, “34 percent say things would be better under a [Hillary] Clinton administration, [with] almost half — 47 percent — saying things would be about the same and 13 percent say worse.”

Now, the crosstabs are limited, but I think there’s less than meets the eye here. 44% of the Tea Party types [27%, according to the poll] went Hillary over Obama. If they hate McCain as much as he hates them, the better numbers for a Hillary presidency over a McCain presidency start to reconcile right out of the box.

Me, I think Mrs. Bill Clinton was arguably the best of the three. Unlike BHO, she knew where the White House bathrooms are, and unlike McCain [metaphorically] and her husband [literally], she knows how to keep it in her pants. Hillary is a statesman.

[I was going to do more analysis and crosstabbing on the Bloomberg poll because it's been a 24/7 news hit, but you know, I found its 45% approval for BHO a high outlier, its questions leading, and its poll sample highly questionable, like 27% reporting income above $100K, where the true nat'l number is perhaps a third less. Polls. Whatever.]

Back to BHO, I think Gillespie was rather wrong—Candidate Obama had a vision for this country.

President Obama is right back on the trail with what is putatively a “jobs bill,” but its main feature is raising taxes on the rich. Dude has a serious bug up his ass about “wealth inequality.” Wealth “equality,” the bastard child of “the rich must pay their fair share?”

My problem is, I dunno what a “fair share” is, and I’ve never been moved by arguments of “tax fairness,” whether it be from the right [too much] or left [too little]. Whatever works. We all benefit from a country at relative peace, roads, running water and sewers, food that probably won’t kill you and almost uncountable other little things. Let’s get real. If Bill Gates had spent most of his adult life in the crapper with dysentery, you wouldn’t even be reading this on yr computer screen about now.

The capital gains tax, on money made not of a man’s labor but the money he already has [or inherited or stole] is the last thing I’d consider as sacred. 15%? 50%? Whatever works, and fills the public treasury to the maximum and most efficient degree.

The last thing anyone should hold sacred for its own sake is money. So guess what’s on the block? Capital gains. “The Buffett Rule,” “The Millionaire Tax.” We all sort of agree that we shouldn’t tax a Bill Gates or Warren Buffett on the way up, but when do we decide he’s stopped creating wealth for all of us and he’s on the way down, and it’s time to hit him bigtime?

This new Obamajob thing. Will it create jobs? Can it ever pass? It doesn’t even matter anymore. I’m not one for psychoanalyzing pols, esp the guy who sits in The Big Chair. We all got our mishigas. But one thing I’ve noticed in life is when somebody gives a pontifical self-analysis, believe the 180.

“I think one of the criticisms that is absolutely legitimate about my first two years was that I was very comfortable with a technocratic approach to government … a series of problems to be solved. …

Carter, Clinton and I all have sort of the disease of being policy wonks.”

Um, no, 180. Clinton and arguably Carter were policy wonks. From the first, BHO left the details to others, even the drafting of his signature achievement, the Obamacare bill. BHO is completely disinterested in whether something will work, although I’m sure he hopes it will. That’s an ideologue, “vision” up the wazoo, Mr. Gillespie.

Even now, there is no Obamajobs bill. Pass it, said President Obama, a week ago. “If you love me,” at that. I suppose the American people could call to double down on the audacity of electing him in the first place, if only the bill existed in the first place.

Let’s pass it anyway. What could possibly go wrong?

[This is not to say the GOP won't come up with somebody as bad as McCain in 2012 and BHO still won't be the better choice. At least he knows where the White House bathrooms are now. This is no small thing, metaphorically speaking.]

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Oh, Those Lazy, Hazy, Crazy Days of Rage

by Tom Van Dyke on September 18, 2011

zzzzzzProtestors gathered in Lower Manhattan for what some called the United States Day of Rage. PHOTO: Robert Stolarik

NYT:

At William Street, [the protestors] were blocked from proceeding toward the stock exchange, and the march ended in front of a Greek Revival building housing Cipriani Wall Street. Patrons on a second-floor balcony peered down.

As some of the patrons laughed and raised drinks, the protesters responded by pointing at them and chanting “pay your share.”

So it goes.

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What Would the Founders Do?: Liberty and Slander

by Tom Van Dyke on September 17, 2011

Not one of us has ever written what he thinks on the internet without being rewarded with attacks personal, unfair and scurrilous.

Blog moderators tend to let it slide, First Amendment and all that.

What Would the Founders Do, somebody asked the other day.

As usual, Ben Franklin supplies the needed wisdom:

ben

“… I have been at a loss to imagine any that may not be construed an infringement of the sacred liberty of the press. At length, however, I think I have found one that, instead of diminishing general liberty, shall augment it; which is, by restoring to the people a species of liberty, of which they have been deprived by our laws, I mean the liberty of the cudgel.

“In the rude state of society prior to the existence of laws, if one man gave another ill language, the affronted person would return it by a box on the ear, and, if repeated, by a good drubbing; and this without offending against any law. But now the right of making such returns is denied, and they are punished as breaches of the peace; while the right of abusing seems to remain in full force, the laws made against it being rendered ineffectual by the liberty of the press.

“My proposal then is, to leave the liberty of the press untouched, to be exercised in its full extent, force, and vigor; but to permit the liberty of the cudgel to go with it pari passu. Thus, my fellow-citizens, if an impudent writer attacks your reputation, dearer to you perhaps than your life, and puts his name to the charge, you may go to him as openly and break his head. If he conceals himself behind the printer, and you can nevertheless discover who he is, you may in like manner way-lay him in the night, attack him behind, and give him a good drubbing.”

I’m a devout Franklinist, BTW. Liberty of the Cudgel. I like it, bigtime. Word up.

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Global Warming Consensus, Minus One

by Tom Van Dyke on September 15, 2011

On a major Vision of the Anointed, anthropomorphic global warming climate change, a Nobel laureate in physics includes himself out:

Dr. Ivar Giaever, a former professor with Rensselaer Polytechnic Institute and the 1973 winner of the Nobel Prize in physics, abruptly announced his resignation Tuesday, Sept. 13, from the premier physics society in disgust over its officially stated policy that “global warming is occurring.”

The official position of the American Physical Society (APS) supports the theory that man’s actions have inexorably led to the warming of the planet, through increased emissions of carbon dioxide.

Giaever was cooled to the statement on warming theory by a line claiming that “the evidence is inconvertible.”

“In the APS it is ok to discuss whether the mass of the proton changes over time and how a multi-universe behaves, but the evidence of global warming is incontrovertible?”

Now, I’d like to use a “mainsteam” source for this instead of Fox, but a google doesn’t show any of them reporting it yet. Perhaps The New York Times will mention it in its own good time, but regardless, we should not expect a fawning tribute to Dr. Giaever in the NYT Magazine, as the brave rebel who gave the intellectual finger to the reigning academic Powers That Be.

The Leviathan of the Anointed has two heads, the academic establishment and the traditional media, a synchronized one-two bite that’s impressively deadly to its foes: one plays the game and the other prints the box scores, where the good guys always win.

I had an interesting exchange with an academician recently, the author of a new book for the Harvard University Press presumably on history, but really appears to be a Coulter-style polemic [sans wit and originality] against the fundamentalist Religious Right, therefore against the right, therefore against the GOP, therefore Vote Democrat. We Anointed-watchers are already familiar with this script. Even street-fighter James Carville knows the lines by heart:

“…these creationism-loving, global-warming-denying, immigration-bashing, Social-Security-cutting, clean-air-hating, mortality-fascinated, Wall-Street-protecting Republicans running my country.”

The rhetorical tactic is that creationism [on which the academy is surely correct] is leveraged into the self-evident truth of the academy’s other left-liberal positions on everything else: ecology, sociology, sexuality, history. Policy.

I recently declined an invitation into the tall weeds of the AGW debate; two commenters accepted it and spent hours and hours of research and cut-and-paste to the net effect of zero. So I decline again–my point then and now is that the Anointed have squandered the public trust on all these issues, with their claims that “the case is closed” and the strong-arming of their critics under cover of scholarly authority.

No surprise, then, that one recent poll found “69 percent of those polled believe it’s at least somewhat likely that some scientists have falsified research data in order to support their own theories and beliefs. Just 6 percent felt confident enough to report that such falsification was “not at all likely.”

Another poll found that 57% of Americans trust the media to report “fully, accurately and fairly” not very much or not at all. The Great Unwashed may be dumb, but they ain’t blind.

Our civic problem remains epistemological: that’s why we can barely have an adult discussion across ideological lines anymore. It’s my opinion that the Anointed of the academy and the media have betrayed their trust by their tactics. Whether or not that opinion is true, what’s a fact is that they have lost their trust and authority with a strong majority of the American public, and that’s the name of this tune.

Me, I don’t think academic alphabet soup after one’s name or a byline in the NYT liberates anyone from the bias and shading of the argument that we’re all prone to.

Because The Anointed are people, too. Sort of.

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From Huffington Post back in November 2009, waiving off the accusation that abortion is a slippery slope to murder:

The [South Carolina State House "born alive"] bill legitimizes the myth of the baby-killing doctor and seizes upon a fictional abortion scenario to imply that, even if the abortion is first-trimester and the fetus is palm-sized, it’s a slippery slope from abortion to murder. And the kind of people involved with abortion — doctors, women, activists — are so morally reprehensible that they can’t be trusted to observe the boundaries between a legal medical procedure and a crime.

Then, less than two years later, there’s this story from CBC News in Canada (via Mark Steyn):

The Wetaskiwin, Alta., woman convicted of infanticide for killing her newborn son, was given a three-year suspended sentence Friday by an Edmonton Court of Queen’s Bench judge.

Katrina Effert was 19 on April 13, 2005, when she secretly gave birth in her parents’ home, strangled the baby boy with her underwear and threw the body over a fence into a neighbour’s yard.

She silently wept as Justice Joanne Veit outlined the reasons for the suspended sentence. Effert will have to abide by conditions for the next three years but she won’t spend time behind bars for strangling her newborn son.

. . . .

The fact that Canada has no abortion laws reflects that "while many Canadians undoubtedly view abortion as a less than ideal solution to unprotected sex and unwanted pregnancy, they generally understand, accept and sympathize with the onerous demands pregnancy and childbirth exact from mothers, especially mothers without support," she writes.

. . . .

"Naturally, Canadians are grieved by an infant’s death, especially at the hands of the infant’s mother, but Canadians also grieve for the mother."

The girl who killed her baby only faces actual jail time “for throwing her baby’s body over the fence.”

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