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  • Archive for the 'Civil Liberties' Category

    The Rally in Paris

    Posted by David Foster on 15th January 2015 (All posts by )

    Was it a meaningful coming-together in resistance to radical Islamicist violence and in support of free expression and Western civilization?

    Or was it a meaningless feel-good event, along the lines of the old “sending our love down the well” vignette on South Park?

    Claire Berlinski, who was there, tends toward the first view.

    The blogger known as The Diplomad–a long-time US Foreign Service officer–tends toward the second.

    These are both very astute observers and analysts.  Read them both, and comment.

    Posted in Civil Liberties, France, Islam, Terrorism | 27 Comments »

    Appalling, but Not Really Surprising

    Posted by David Foster on 13th January 2015 (All posts by )

    Obama White House wants to persuade/encourage/pressure media to drop coverage that might upset jihadis or potential jihadis

    Last Thursday, I mentioned the administration’s 2012 criticism of Charlie Hedbo’s decision to publish “offensive” cartoons.  Comes now presidential spokesman Josh Earnest, defending that administration position and asserting that there will be more such presidential critiques directed toward noncompliant media in the future.

    This reminds me of something.  Oh, yes…

    In the late 1930s, Winston Churchill spoke of the “unendurable..sense of our country falling into the power, into the orbit and influence of Nazi Germany, and of our existence becoming dependent upon their good will or pleasure…In a very few years, perhaps in a very few months, we shall be confronted with demands” which “may affect the surrender of territory or the surrender of liberty.” A “policy of submission” would entail “restrictions” upon freedom of speech and the press. “Indeed, I hear it said sometimes now that we cannot allow the Nazi system of dictatorship to be criticized by ordinary, common English politicians.” (excerpt is from The Last Lion: Alone, by William Manchester.)

    Churchill’s concern was not just a theoretical one. Following the German takeover of Czechoslovakia, photographs were available showing the plight of Czech Jews, dispossessed by the Nazis and wandering the roads of eastern Europe. Geoffrey Dawson, editor of The Times, refused to run any of them: it wouldn’t help the victims, he told his staff, and if they were published, Hitler would be offended. (same source as above.)

    Obama’s desire to ensure that the media avoids antagonizing jihadis is of a piece with Chamberlain and Dawson’s desire to avoid antagonizing the Nazis.

    And I’m reminded of something else Churchill said.  In March 1938, he spoke of Britain and its allies descending incontinently, recklessly, the staircase which leads to a dark gulf. It is a fine broad staircase at the beginning, but, after a bit, the carpet ends. A little further on there are only flagstones, and, a little further on still, these break beneath your feet.

    Posted in Book Notes, Britain, Civil Liberties, Germany, History, Islam, National Security, Obama, Terrorism | 26 Comments »

    The Atrocity in France

    Posted by David Foster on 8th January 2015 (All posts by )

    Yesterday, Claire Berlinski reported from Paris

    Obama, of course, “condemned” the attack. It’s important to remember, however, his administration’s response to earlier threats against the magazine Charlie Hebdo:

    In other words, we don’t question the right of something like this to be published; we just question the judgment behind the decision to publish it. And I think that that’s our view about the video that was produced in this country and has caused so much offense in the Muslim world.

    The quoted statement basically implies that people should use “judgment” to avoid saying or publishing anything that will offend Muslims. The video referred to is of course the one that the Obama administration blamed for the Benghazi attacks, going so far as to purchase newspaper ads to denounce the video. And Hillary Clinton, who was Obama’s secretary of state, told the father of one of the murdered Americans (Tyrone Woods) that “we’re going to have that person arrested and prosecuted that did the video.” Not “we’re going to destroy those terrorists,” but rather, they’re going to destroy a filmmaker. The Obama administration’s statements have acted not only to normalize that “thug’s veto” over all expressions of opinion, but even to put United States government power behind the thug’s veto.

    Time Magazine posted an article titled “5 Facts That Explain the Charlie Hebdo attack.” Can you guess what they were, and which one they left out? (Link) And numerous publications are censoring the Charlie Hebdo cartoons.

    The staff of a humor magazine demonstrated far more courage than either Western governments or the bulk of Western media in standing up for Enlightenment values. I’m reminded once again of a passage in Sebastian Haffner’s memoir. Haffner was working in the Prussian Supreme Court, the Kammergericht, when the Nazi thugs came to the Court, demanded to know who was Jewish and who was not, and established totalitarian control over what had previously been an actual judicial process.

    As I left the Kammergericht it stood there, grey, cool and calm as ever, set back from the street in its distinguished setting. There was nothing to show that, as an institution, it had just collapsed.

    That evening, Haffner went with his girlfriend to a nightclub called the Katakombe. The master of ceremonies was a comic actor and satirical cabaret performer named Werner Fink:

    His act remained full of harmless amiability in a country where these qualities were on the liquidation list. This harmless amiability hid a kernel of real, indomitable courage. He dared to speak openly about the reality of the Nazis, and that in the middle of Germany. His patter contained references to concentration camps, the raids on people’s homes, the general fear and general lies. He spoke of these things with infinitely quiet mockery, melancholy, and sadness. Listening to him was extraordinarily comforting.

    In the morning, the Prussian Kammergericht, with its tradition of hundreds of years, had ignobly capitulated before the Nazis. In the same evening, a small troop of artistes, with no tradition to back them up, demonstrated the courage to speak forbidden thoughts. “The Kammergericht had fallen but the Katakombe stood upright.”

    CNN, MSNBC, Time Magazine, the White House, the Elysee Palace, 10 Downing Street may have all demonstrated a lack of resolution in the face of Islamist threats and violence, but at least Charlie Hebdo has stood upright.

    Posted in Civil Liberties, France, Germany, Islam, Obama, Terrorism | 40 Comments »

    Police Attitudes: Compare and Contrast

    Posted by Jonathan on 31st December 2014 (All posts by )

      

    Gun owners fear Maryland cops target them for traffic stops

    vs.

    Nashville Police Chief Defends Decision Not to Crack Down on Police Brutality Protesters

    Posted in Big Government, Civil Liberties, Civil Society, Law, Law Enforcement | 13 Comments »

    Clowns, Fools, and Generally Unpleasant People of the Week

    Posted by David Foster on 21st December 2014 (All posts by )

    1) If a report in The Chronicle of Higher Education (excerpted here)  is correct, then Rensselaer Polytechnic president Shirley Jackson seems a little…imperious…in her approach to her job.

    Having created the very model of an undemocratic, corporate university, President Jackson is appropriately imperious. According to the Chronicle of Higher Education, she has a series of rules that are clear to everyone. These include: 1) Only she is authorized to set the temperature in conference rooms; 2) Cabinet members all rise when she enters the room; 3) If food is served at a meeting, vice presidents clear her plate; and 4) She is always to be publicly introduced as “The Honorable Shirley Ann Jackson.” Falling into rages on occasion, she publicly abuses her staff and frequently remarks: “You know, I could fire you all.” In 2011, RPI’s Student Senate passed a resolution criticizing her “abrasive style,” “top-down leadership,” and the climate of “fear” she had instilled among administrators and staff. It even called upon RPI’s board of trustees to consider Jackson’s removal from office. But, once again, the board merely rallied in her defense.

    2) Senator Claire McCaskill, a Democrat from Missouri, blocked the nomination of Lt General Susan Helms to head the Air Force Space Command, leading to Helms’ subsequent retirement from the service. McCaskill assailed Helms’ 2012 decision to grant clemency to an officer serving at Vandenberg Air Force Base, Calif., who had been convicted of aggravated sexual assault.

    Helms used her judgment and her command authority to prevent what she apparently viewed as an injustice, based on her review of evidence in the case.  McCaskill said that the clemency decision “sent a damaging message to survivors of sexual assault who are seeking justice in the military justice system.”  Apparently, McCaskill cares much more about “sending messages” than about justice to individuals. The message that she has sent to all American military commanders is this:  Do not ever extend clemency in a matter where an individual has been accused of an offense which is of particular concern to the Democratic Party, or your career will be immediately destroyed.

    If a governor pardons someone accused of witchcraft, then the governor himself must be a witch.  That seems to be the level of McCaskill’s thinking here.

    Much more about the case at this link.

    3) Ayaan Hirsi Ali is a very courageous woman who was raised as a Muslim and has been attempting, in the face of many threats, to warn the western world about the danger of Islamic extremism.  At an event in Washington, Joe Biden informed her that “ISIS had nothing to do with Islam.”  Hirsi Ali disagreed.  To which Slow Joe responded “Let me tell you one or two things about Islam.”

    4) Speaking of  Muslims…Omar Mahmood, a Muslim conservative who is a student at the University of Michigan, wrote a satire on political correctness, mocking the current vogue for claiming “microaggressions.”  He was denounced by students of  the “progressive” persuasion…”people attacked his dorm room door, egging it and leaving copies of his satirical article with notes on the backs including “Shut the f— up!” and “You scum embarrass us” and “DO YOU EVEN GO HERE?! LEAVE!!” along with various others, including an image of a creature with horns and another one of him with his eyes crossed out.”  Mahmood was also fired from the student newspaper.  He says that “the political environment on campus is radically left-wing and intolerant,” noting that:

    “Almost all student clubs have ‘social justice’ wings… some use violent rhetoric, shameless rhetoric, to promote their ideology, and call it ‘liberation.’ They call it ‘tolerance’ and ‘equality’ and ‘creating a safe space’ — which is all very ironic.”

    The students who reacted to Mahmood’s satire in this way are not worthy of being university students, or for that matter American citizens, and the administrators of this university should be ashamed of themselves for allowing such a climate to develop.  They won’t be, though.

    Posted in Academia, Civil Liberties, Islam, Law, Leftism, Military Affairs | 13 Comments »

    Cuba

    Posted by Michael Kennedy on 18th December 2014 (All posts by )

    Obama has announced that he will not only end the trade embargo with Cuba but establish full diplomatic relations.

    President Obama, as he has shown all year, isn’t about to go quietly into the lame-duck night, even with Republicans ready to take full power down the street. With the stunning announcement Wednesday that the United States is set to normalize relations with Cuba, the president is closing his self-termed “Year of Action” with a thunderclap.

    In doing so, Obama is serving notice to new Senate Majority Leader Mitch McConnell that a sitting president trumps a Congress divided both along party lines and within them. The shift comes about a month after the last time the president thrust his stick into the GOP’s eye, when Obama announced he was unilaterally providing widespread deportation relief to as many as 5 million illegal immigrants.

    I have no objection to ending the embargo, which has been mostly symbolic for years.

    Diplomatic relations is another matter.

    Even the Argentine Pope is involved apparently. Certainly, there is no reason why the Pope should recognize real democracy and freedom after a lifetime in Argentina.

    Read the rest of this entry »

    Posted in Americas, Announcements, Civil Liberties, Cuba, Leftism, Obama, Politics | 18 Comments »

    Rape Culture

    Posted by Michael Kennedy on 14th December 2014 (All posts by )

    The country is going through one of the increasingly common episodes of hysteria in modern times. In the 17th century, there was the period of The Salem Witch Trials.

    From June through September of 1692, nineteen men and women, all having been convicted of witchcraft, were carted to Gallows Hill, a barren slope near Salem Village, for hanging. Another man of over eighty years was pressed to death under heavy stones for refusing to submit to a trial on witchcraft charges. Hundreds of others faced accusations of witchcraft; dozens languished in jail for months without trials until the hysteria that swept through Puritan Massachusetts subsided.

    The episode was begun by what sounds like hysterical symptoms occurring in the daughter of the new minister. Before it was over, a number of people of the village of Salem had been accused of witchcraft and 19 were executed and five others had died.

    SALEMCLR

    Suspected witches were examined for certain marks, called “witch marks,” where witches’ “familiars” could nurse. The hysteria ended as quickly as it began. By the end of 1692, it was over and all surviving accused were released.

    The period of the hearings in America after World War II, in which many were accused of being communists, the so-called “McCarthy period,” is often compared to this era and a left wing playwright, Arthur Miller, wrote a play called “The Crucible,” which made the connection between the Salem trials and Senator McCarthy’s accusations the theme.

    Read the rest of this entry »

    Posted in Academia, Big Government, Civil Liberties, Crime and Punishment, Current Events, Education, Feminism, Leftism, Military Affairs, Politics, The Press | 20 Comments »

    What is going on with Ferguson, MO ?

    Posted by Michael Kennedy on 29th November 2014 (All posts by )

    The Grand Jury gas returned a “no bill” in the case of the Policeman Darren Wilson and the riots have erupted as anticipated. We still have silly demonstrations around the country. Even interrupting Christmas tree lighting.Why ?

    I have been following this all along, and even see some merit in some of the resentments of the black residents. That does not excuse rioting, of course.

    We know a lot more about what happened now and it does still not explain why this continues today. A lot of what is happening just doesn’t make sense.

    Here is one possible explanation.

    SO WHY ALL THE FERGUSON HOOPLA? Last time the Dems and Sharpton made a big deal of a shooting, it was the Trayvon Martin case, hyped to keep up black turnout for 2012. But now there’s not an election. So why Ferguson, and why now? Polling indicates that most people aren’t all that sympathetic, and protests that tie up Interstates, etc. aren’t going to attract swing voters.

    So why now ?

    Read the rest of this entry »

    Posted in Big Government, Civil Liberties, Civil Society, Elections, Immigration, Law Enforcement, Leftism, Obama, Politics | 34 Comments »

    Don’t Panic: A Continuing Series – The Enemy Within

    Posted by Jay Manifold on 28th November 2014 (All posts by )

    And yet there are signals of personal defeat which are like red lamps on broken roads, to these we must pay heed. I grew anxious when a man’s speech began to betray him; when he was full of windy talk of what the Boche had done in the new sector the battalion was taking over, of some new gas. It was always about something which was going to happen; the wretched fellow must have known the mess would muzzle him if it could, but he seemed driven by some inner force to chatter incessantly of every calamity that could conceivably come to pass. It was as if he had come to terms with the devil himself, that if he could make others as windy, his life would be spared. How full of apprehension the fellow was; death came to him daily in a hundred shapes. This was fear in its infancy. It was a bad sign, for when a man talked like that, his self-respect was going, and the battle was already half lost. It was just a matter of time. Such a man did the battalion no good for the disease was infectious; I was glad to get him away.

    – Lord Moran, The Anatomy of Courage

    [Readers needing background may refer to the earlier members of this series, Don’t Panic: Against the Spirit of the Age; Don’t Panic: A Continuing Series; Don’t Panic: A Continuing Series – Ebola or Black Heva?; and Don’t Panic: A Continuing Series – Ebola Realities and the True Test.]

    Not everyone is helpful in what Strauss and Howe call a Crisis Era. This is not a matter of ability or resources, but of attitude. I have recently encountered numerous highly intelligent, capable, and often firmly upper-middle class men who at the slightest provocation vehemently insist that the United States is doomed. This year alone, they have predicted at least three of the last zero national calamities. Repeatedly failed scenarios make no impression on them. Some of these people are actually planning to run and hide somewhere. Read the rest of this entry »

    Posted in Academia, Civil Liberties, Civil Society, Conservatism, Current Events, Environment, History, Human Behavior, Immigration, International Affairs, Leftism, Middle East, Military Affairs, National Security, Predictions, Quotations, Society, Terrorism, USA, War and Peace | 7 Comments »

    When Law Yields to Absolute Power (rerun)

    Posted by David Foster on 22nd November 2014 (All posts by )

    (I should have included this post in my Theme roundup on totalitarianism and the fully politicized society. It’s important enough, I think–especially in our current circumstances–to be worth putting up as a stand-alone rerun post.)

    Almost five years ago, I reviewed the important and well-written memoirs of Sebastian Haffner, who grew up in Germany between the wars. I think the state of affairs in America today makes it appropriate to re-post some excerpts from the review and from the book.

    In 1933, when Hitler became Chancellor, Haffner was working as a junior lawyer (refendar) in the Prussian High Court, the Kammergericht. He was comforted by the continuity of the legal process:

    The newspapers might report that the constitution was in ruins. Here every paragraph of the Civil Code was still valid and was mulled over and analyzed as carefully as ever…The Chancellor could daily utter the vilest abuse against the Jews; there was nonetheless still a Jewish Kammergerichtsrat (high court judge) and member of our senate who continued to give his astute and careful judgments, and these judgments had the full weight of the law and could set the entire apparatus of the state in motion for their enforcement–even if the highest office-holder of that state daily called their author a ‘parasite’, a ‘subhuman’ or a ‘plague’.

    In spring of that year, Haffner attended Berlin’s Carnival–an event at which one would find a girlfriend or boyfriend for the night and exchange phone numbers in the morning…”By then you usually know whether it is the start of something that you would like to take further, or whether you have just earned yourself a hangover.” He had a hard time getting in the Carnival mood, however:

    All at once I had a strange, dizzy feeling. I felt as though I was inescapably imprisoned with all these young people in a giant ship that was rolling and pitching. We were dancing on its lowest, narrowest deck, while on the bridge it was being decided to flood that deck and drown every last one of us.

    …..

    Though it was not really relevant to current events, my father’s immense experience of the period from 1870 to 1933 was deployed to calm me down and sober me up. He treated my heated emotions with gentle irony…It took me quite a while to realize that my youthful excitability was right and my father’s wealth of experience was wrong; that there are things that cannot be dealt with by calm skepticism.

    Read the rest of this entry »

    Posted in Big Government, Biography, Book Notes, Civil Liberties, Civil Society, Germany, History, Law, USA | 6 Comments »

    Theme: Totalitarianism and the Fully Politicized Society

    Posted by David Foster on 20th November 2014 (All posts by )

    As Jonathan pointed out here, one problem with the blog format is that worthwhile posts tend to fade into the background over time, even when they might be of continuing value.  One approach I’d like to try is Theme roundups, in which I’ll select a number of previous posts on a common topic or set of related topics, and link them with brief introductory sentences or paragraphs.  At least initially, I’ll focus on my own posts.

    The posts in this first “theme”  roundup focus on the nature of the politically-dominated society, ranging from the effects of extreme political correctness in America and Europe today to the nature of life under absolutist totalitarianism.

    Stasiland.  Shortly after the fall of the Berlin Wall, author Anna Funder traveled to the previous East Germany to interview both those who had lived under Communist oppression and the perpetrators of that oppression.

    The Nature of Dictatorships.  Thoughts from Florian Henckel von Donnersmarck, maker of the excellent film The Lives of Others, which is set in Communist East Germany.

    Prefiguring the Hacker…and the American Surveillance Society. A 1953 science fiction story, Sam Hall.

    Eric Hoffer on the destruction of individualism. “Even in the freest society power is charged with the impulse to turn men into precise, predictable automata. When watching men of power in action it must be always kept in mind that, whether they know it or not, their main purpose is the elimination or neutralization of the independent individual – the independent voter, consumer, worker, owner, thinker – and that every device they employ aims at turning man into a manipulatable ‘animated instrument,’ which is Aristotle’s definition of a slave.”

    Bitter Waters.  A Stalin-era Soviet factory manager writes about his experiences.  Describing the chaos into which the Russian lumber industry had been thrown by Soviet central planning:  “Such is the immutable law. The forceful subordination of life’s variety into a single mold will be avenged by that variety’s becoming nothing but chaos and disorder.”

    Rose Wilder Lane.  The author and political thinker describes a debate she had with a Russian village leader, back in 1919 when she was still a Communist, about the centrally planned society.   “It is too big – he said – too big. At the top, it is too small. It will not work. In Moscow there are only men, and man is not God. A man has only a man’s head, and one hundred heads together do not make one great big head. No. Only God can know Russia.”

    The mentality of the totalitarian revolutionary.  Thoughts from the Russian writer of Dr Zhivago, Boris Pasternak.

    Life in the fully politicized society.  Michelle Obama explains what Barack Obama wants to make you do, Sebastian Haffner writes about those 1920s and 1930s Germans who needed to have “the entire content of their lives…all the raw material for their deeper emotions”  delivered gratis by the public sphere, and Ayn Rand paints a vivid picture (based on personal experience) of the dreariness of living in a society in which everything is political.

    Life in the fully politicized society, continued.  Even Maureen Dowd may be finding limits as to how much politicization of art she wants to see.

    The bitter wastes of politicized America.  “The best way to hold a large group of people together is to make them feel as if everyone else is out to get them.  The most effective political adhesives are distilled from hatred and distrust.  People who disagree with your agenda are “attacking” you or “robbing” you…When the government controls everything, there is no constructive relief valve for all this pent-up tension.  It all boils down to a “historic” election once every couple of years, upon whose outcome everything depends.  They’re all going to be “historic” elections from now on.  That’s not a good thing.”

    “But would you want your daughter to marry one?”  Americans increasingly say they would be displeased if their son or daughter were to marry a supporter of the opposing political party.

    Deconstructing a Nazi death sentence.  The text of the justification for the sentence passed on three members of the White Rose resistance group provides useful insight into the totalitarian mind.  (The link to the transcript in the post doesn’t work anymore; use this instead)

    Defying Hitler. This important and well-written (but mis-titled) memoir deals mainly with the social environment in Germany prior to the Nazi takeover, but the latter part of the book demonstrates what life was like under a new totalitarianism that was rapidly tightening its grip. The section about the author’s father–who was given the choice of either endorsing political opinions he did not share or losing his pension and being reduced to destitution, along with his family–is painful to read and is unpleasantly reminiscent of certain recent events in America today.

    The party of paranoia, racial obsession, and totalitarian thinking. Link to a post by Daniel Greenfield, aka Sultan Knish, in which he explains the nature of today’s Democratic Party.

    Posted in Big Government, Book Notes, Civil Liberties, Civil Society, Europe, Germany, History, Leftism, Politics, Russia, Society, USA | 15 Comments »

    Feminists – Doing It Wrong

    Posted by Sgt. Mom on 18th November 2014 (All posts by )

    I have to say this about the sh*tstorm over what is being irreverently termed shirtgate – it’s the final and ultimate straw in moving me away from ever calling myself a feminist again … at least, not in mixed company. Ah, well – a pity that the term has been so debased in the last few decades. Much as the memory of very real repression and denial of rights in the persons-of-color/African-American/Black community has been diminished, overlaid, generally abused and waved like a bloody shirt by cynical operators (to the detriment of the real-life community of color/African-American/Black-whatever they wish to be called this decade), so has the very real struggle for substantive legal, economic, economic and social rights for women also been debased and trivialized. Just as the current so-called champions of civil rights seem to use the concept as an all-purpose cover for deflecting any useful discussion of the impact of welfare, the trivialization of marriage, and glorification of the thug-life-style in the persons-of-color/African-American/Black community, the professional and very loud capital F-feminists seem to prefer a theatrical gesture over any substantial discussion of the real needs and concerns – and even the careers of ordinary women. Women whom it must be said, are usually capable, confident, tough, and love the men in their lives – fathers, brothers, husbands and sons.
    Read the rest of this entry »

    Posted in Civil Liberties, Crime and Punishment, Current Events, Diversions, Feminism, Human Behavior, Just Unbelievable, Personal Finance, Society, Space, Tech, That's NOT Funny | 66 Comments »

    The Coming Murder of the US Constitution

    Posted by Trent Telenko on 18th November 2014 (All posts by )

    The most important issue is missing from debate over the coming Obama administration’s “Executive Amnesty for illegal immigrants.” If such an action is taken without even an attempt at impeachment, we will mark that day as the day the U.S. Constitution was murdered.

    Certainly some Constitutional forms will hold on another decade or two, but the relevance of Congress to federal policy making, Constitutional branch separation of powers generally, and ultimately the rule of law will be gone. Future generations of Americans will mark the Constitution as a dead letter from that day. Our American birth right to the rule of law and ordered liberty under the Constitution will have been traded for a blatant pursuit of power by any means necessary. Ultimately such power only comes from the barrel of a gun, and here only one side has guns.

    That President Obama is dissolving the Constitution for a faster influx of non-white voters so he can dissolve the current declining white majority polity shows a deep love of power, and a deep hatred of any past or current American cultural institutions, that gets in the way of his power.

    This isn’t new. Leftists in America have been heading down this road since before the Cold War between America and the Soviet Union started in the 1940’s.

    What is new, and the real test here, is acquiescence of the opposition party (Republican) elected elites to this turn of events. They have preemptively surrendered the only real counter to this Executive usurpation of the Legislative power, impeachment of the President, for purported fear of a voter backlash and loss of their new majority in Congress.

    The coming failure of the Republican Congress to do their Constitutional duty means the Republican Party is led by the same sort of narrow partisans who lead the Democratic Party, i.e., men more concerned with their fleeting power than their duty, America or freedom. Why should any of the American people obey the law when their elected officials openly defy it and their Constitutional obligations? Their elected representatives in Congress would replace the rule of law with the rule of men for the sake of their own power.

    It may be that impeachment of President Obama for his proposed unconstitutional mass amnesty of illegal immigrants costs the Republican Party its new majority in Congress. Not even trying is simply the short road to hell. “Bad men need nothing more to compass their ends, than that good men should look on and do nothing” – John Stuart Mill. Failure by the GOP Congressional majority to even try to impeach President Obama here would be a clear and overwhelmingly powerful message to the Tea Party and others on the Right that only violence, and not the ballot box, is the answer to Executive tyranny.

    For while Democrats and current Republican leaders may not remember, the following words are the cultural DNA of the American people, and it only took 1/3 of them to win the Revolution and drive out a Superpower:


    “…And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

    Posted in Anti-Americanism, Big Government, Civil Liberties, Civil Society, Conservatism, History, Immigration, Miscellaneous, Morality and Philosphy, North America, Politics, Predictions, Uncategorized, USA | 75 Comments »

    Don’t Panic: A Continuing Series – Ebola or Black Heva?

    Posted by Jay Manifold on 2nd November 2014 (All posts by )

    [Readers needing background may refer to the earlier members of this series, Don’t Panic: Against the Spirit of the Age, and Don’t Panic: A Continuing Series.]

    Time is running out, the man explains, speaking calmly and confidently, in the manner of a university professor. A deadly disease, spread by primitive tribespeople through dead bodies, will kill vast numbers of Americans unless the Federal government uses its powers to stop it.

    The man is Russell Eugene Weston Jr., a paranoid schizophrenic who murdered two policemen inside the Capitol building in the summer of 1998. He has been institutionalized ever since.

    As I write this, the most widely-read individual blog in the English-speaking world, written by a genuine university professor, is infested with (invariably pseudonymous) commenters not readily distinguishable from Weston; we can only hope that none of them will act on their impulses as he did. Read the rest of this entry »

    Posted in Big Government, Bioethics, Civil Liberties, Civil Society, Current Events, Ebola, Elections, Health Care, Human Behavior, International Affairs, Libertarianism, Medicine, Politics, Science, Systems Analysis, Terrorism, Tradeoffs, USA | 8 Comments »

    Election Day is Coming Up Fast

    Posted by David Foster on 28th October 2014 (All posts by )

    Spare a thought for the stay at home voter
    Empty eyes gaze at strange beauty shows
    And a parade of the gray suited grafters
    A choice of cancer or polio

    –The Rolling Stones, 1968

     

    I think quite a few people, including many conservatives/libertarians, are intending to sit this one out.  It’s an understandable sentiment–the “strange beauty shows” have not gotten any more substantive since 1968, quite the contrary, and the “gray suited grafters” have as a class become even graft-ier.  And there is plenty wrong with the institutional Republican Party…too much crony capitalism at the expense of the real free market, too much go-along-to-get-along behavior, too many lame candidates, too much incompetence in political marketing.

    Nevertheless, I think it is of extreme importance for everyone who truly cares about the future of this country–and who understands the harm being done by Barack Obama and the “progressive” movement that he represents–to vote, and in almost all cases to vote for the Republican candidate.

    Because what is facing us right now is not “a choice of cancer or polio.”  It is a choice between a chronic disease which is unpleasant, but may eventually be curable, and an accute disease that will kill or permanently cripple the patient in short order.

    Free speech is under severe attack by the American Left.  There have been moves to have the FCC and/or the FEC regulate Internet expressions of opinion, further entrenching the monopolistic position of the establishment media…and even traditional media companies are finding considerable hostility from the Obama administration should they step the least little bit out of line.  “Political correctness” dominates many if not most university campuses.  People in the private sector have been driven out of their jobs because of their personal political opinions.  The administrative and police power of the State is being used against political opponent;  see for example the IRS case and the use of SWAT teams to invade the homes of Scott Walker supporters on highly questionable grounds–actions which, George Will argues convincingly, are politically motivated by a desire to intimidate Walker supporters and defeat him in the upcoming election. Direct violence or threats of violence by Leftists and their supporters, directed at purveyors of non-Left-approved opinions, also appears to be on the upswing; see for example the hundreds of death threats directed against a black Chicago pastor who had the audacity to endorse a Republican candidate for Illinois governor.

    Perhaps most disturbing of all are the intrusions into the computers used by former CBS correspondent Sharyl Attkisson and the evidence that government agencies may have played a role in this–including the planting of false evidence against Ms Attkisson.  I do not think we can consider this verified at the present time-and may never know for sure who was behind this operation–but it is certainly consistent with the “progressive” pattern.

    My point is that the window for deflecting the “progressive” takeover of American politics and institutions is rapidly closing.  Intrusions on free expression, and enablement of voting corruption, are likely to make it increasingly almost impossible to change directions in the future.  A Republican majority in the Senate, and a maintained or increased Republican majority in the House, together with a goodly number of Republican governorships, will not solve these problems, but will offer a far better chance of bringing them under control than will the alternative.

    There are also very serious threats facing the United States and its allies on the international front: especially,  the prospective Iranian acquisition of nuclear weapons.  There is every reason to believe that Obama intends to reach a deal which lifts sanctions without seriously dismantling Iran’s uranium-enrichment capabilities.  The likelihood of this happening is definitely increased or decreased by any increase or decrease in the political power of the Democratic Party.

    I urge you most seriously to vote–to vote Republican (unless there is an alternative candidate who can really win, not just “make a statement”)–and to contribute money directly to your preferred candidates…you may not be able to match the very large contributions being made by Hollywood types and other wealthy Democrats and entities such as the teachers’ unions, but every bit helps.  Voting and contributing now helps ensure that you will have a meaningful opportunity to vote, contribute, and engage in political discourse in future elections.

    Posted in Academia, Civil Liberties, Elections, Leftism, Obama, Politics, USA | 28 Comments »

    Could Obama go rogue if the Senate flips this fall ?

    Posted by Michael Kennedy on 11th October 2014 (All posts by )

    Roger L Simon has an interesting column on the consequences of a GOP win this fall.

    Barack Obama is a man unaccustomed to losing. Life has been exceptionally kind to him, sailing, as he did, through balmy Oahu sunsets, college, law school and career on into the presidency with scarcely a bump. He has been a protected man beyond any in recent memory, feted and praised virtually everywhere he went until the last couple of years. Even now, despite catastrophe after catastrophe, there are acolytes who continue to celebrate him, paying tens of thousands merely to have their photographs taken with him.

    When such cosseted people are forced to confront failure, they typically do not do so with grace.

    Obama’s style of governing seems to be quite unusual for modern presidents. He does not have a circle of “Wise Men” as most presidents have done, including Bill Clinton, who had Robert Rubin advising him on economics and the bond market.

    Obama, instead, relys on a small circle of advisors with little or no experience in national affairs.

    Insider books by Robert Gates, Hillary Clinton and Leon Panetta have appeared in rapid succession, implying or directly alleging that the president lives in a bubble, unwilling to listen to advice. He frequently threatens to — and sometimes does — go around the Congress to get his way via, often unconstitutional, executive fiat. We all know that he lies, constantly.

    His closest advisor appears to be Valerie Jarrett who has no policy experience and who seems to be a Chicago insider.

    Read the rest of this entry »

    Posted in Big Government, Civil Liberties, Elections, Human Behavior, Iraq, Leftism, Middle East, National Security, Obama, Politics | 9 Comments »

    Worthwhile Reading & Viewing

    Posted by David Foster on 21st September 2014 (All posts by )

    Some great spiderweb pictures

    Glacier National Park pictures from D L Sly, who writes at Villainous Company

    High school principal bans Chik-fil-A at Booster Club events.  She justifies her decision on grounds of “inclusivity and diversity.”  Well, I guess that could be one translation of the German term Gleichschaltung.

    SWAT team raid on barbershop rebuked by appeals court

    Wishful science:  “if there’s little incentive to publish negative results, whatever reigning paradigm is operating in a given field will be very resistant to change”

    Years ago, Arthur Koestler asserted that human beings are basically crazy and that maybe it would be possible to develop a sanity-improving drug and put it in everyone’s drinking water.  I was reminded of Koestler’s suggestion by this:  Should we all take a bit of lithium?

    Avoiding managerial groupthink with the right kind of diversity

    People succeed where systems fail

    Arguing with Leftists:  How narratives trump everything

    Making subway cars in Yonkers:  a photo essay

    Posted in Business, Civil Liberties, Education, Human Behavior, Law Enforcement, Leftism, Management, Photos | 6 Comments »

    History Friday: Oliver P. Morton, The Great War Governor

    Posted by Lexington Green on 15th August 2014 (All posts by )

    I mentioned Oliver P. Morton, the Governor of Indiana during the Civil War, in this post.

    The statue in front of the Indiana state house has a plaque which says he shall “ever to be known in history as
 The Great War Governor.” When the Union veterans who built the state house and put up the statue were alive, I am sure they believed the heroic deeds of the war would “ever be known … .”

    But one of the lessons of history is the fleetingness of fame. The things that move and inspire one generation are rejected by the next, or simply forgotten. This is especially true in America, where we are a forward looking people and typically not terribly concerned about what happened in the past. Henry Ford spoke for America when he said history is more or less bunk.

    This short article from the Indiana Historical Bureau, entitled OLIVER P. MORTON AND CIVIL WAR POLITICS IN INDIANA is worth reading.

    Read the rest of this entry »

    Posted in Anglosphere, Biography, Book Notes, Civil Liberties, History, Military Affairs, Politics, Quotations, Tradeoffs, USA, War and Peace | 4 Comments »

    Worthwhile Reading & Viewing

    Posted by David Foster on 7th August 2014 (All posts by )

    Knitted footwear…may have significant implications for the global shoe industry

    US Civil Rights commissioner uses “science” to argue for restricting the free speech rights of college students.  (Is anyone surprised that he was formerly an aide to Nancy Pelosi?)

    College professor accuses program about gardening of being “racist”

    Functional geniuses and business idiots

    Fuel cells as a major energy source:  for real this time?

    Sea and sand from the sky.  More here.

    The Social Pathologist is back!

    Posted in Academia, Business, Civil Liberties, Civil Society, Energy & Power Generation, Management, Photos | 13 Comments »

    America’s Impending Tuberculosis Epidemic

    Posted by Trent Telenko on 10th July 2014 (All posts by )

    (NOTE — Update at the End of the Column)

    One of the things that changes you, when you become a parent, is the body of knowledge you acquire to protect your spouse and children including things like knowledge of infectious diseases in public schools. In my case that meant looking at the NY Times saying the following: “…the administration has begun to send the expected 240,000 migrants and 52,000 unaccompanied minors who have crossed the border illegally in recent months in the Rio Grande Valley to cities around the county.” And at headlines for the open border crisis like this by Todd Starnes titled “Immigration crisis: Tuberculosis spreading at camps” which caused me to immediately free associate them with a pair of “Tuberculosis in Public School”, headlines, one local to North Texas in 2011 and the other very recently in California. See this 2011 Consumer Health Daily article from Denton Texas “TB Outbreaks in Texas Schools Show Disease Still a Threat – At least 100 people have tested positive for the respiratory ailment” and this 1 July 2014 article from the Sacramento Bee “Four more students test positive for tuberculosis at Grant High.

    As a Texas parent, this idea of TB positive illegal alien children released to illegal immigrant parents scares the heck out of me from the point of view of epidemiology. In the 1920s TB was the eighth leading cause of death for children 1-to-4 years old. Since then American public health has been so effective in preventing it that the USA no longer has any “herd immunity” to TB.

    This “catch and release” illegal alien policy is horrible from the infectious disease point of view in that phlegm or aerosolized sputum that are contaminated with Mycobacterium tuberculosis are active biohazards that have long latent infection periods. This makes “exposure” very easy. The clinical definition of TB Exposure — which I found in a University of Vanderbilt student medical file PDF — is the following:

    “A person is considered to be exposed if there is shared breathing space with someone with infectious pulmonary or laryngeal tuberculosis at a time when the infectious person is not wearing a mask and the other person is not wearing an N95 respirator. Usually a person has to be in close contact with someone with infectious tuberculosis for a long period of time to become infected; however, some people do become infected after short periods, especially if the contact is in a closed or poorly ventilated space.”

    The Federal Government Hazmat protocol for dealing with suspected active TB cases is as follows:

    1. Administrative controls
    • “Develop policies and protocols to ensure the rapid identification, isolation, diagnostic evaluation and treatment of persons likely to have TB.”
     
    2. Engineering controls
    • Isolation and
    • Negative pressure room ventilation
     
    3.Personal protective equipment controls
    • N95 personal respirator protection

    Questions people and reporters need to be asking their local, state and federal elected officials regards the so-called “unattended child immigration crisis” include:

    1. How many Border Patrol Agents, health workers or other support staff at these immigration processing centers have worn N95 respirators in treating symptomatic TB sufferers?
     
    2. How many TB sufferers were also wearing masks?
     
    3. Have those Border Patrol Agents, health workers or other support staff followed a rigorous TB decontamination protocol?

    Whether people ask those questions or not, we are going to find out the answers soon, and not just in Texas. Testable anti-bodies to TB infection appear in two to 12 weeks for skin and blood tests and the incubation period for full blown active TB is six months to two(+) years.

    Read the rest of this entry »

    Posted in America 3.0, Americas, Big Government, Bioethics, Civil Liberties, Civil Society, Health Care, National Security | 76 Comments »

    Shall It Be Sustained?

    Posted by David Foster on 4th July 2014 (All posts by )

    For this Fourth of July,  Cassandra has an excellent post: Independence in an Age of Cynicism.  I recommend the entire post and all the links; read especially the third linked essay, which Cass wrote in 2008:  Why I Am Patriotic: a Love Letter to America.

    For the last several years, on July 4th I’ve posted an excerpt from Stephen Vincent Benet’s poem Listen to the People.  The title I’ve used for these posts prior to 2013 was It Shall Be Sustained, which is from the last line of Benet’s poem.

    Narrator:

    This is Independence Day,
    Fourth of July, the day we mean to keep,
    Whatever happens and whatever falls
    Out of a sky grown strange;
    This is firecracker day for sunburnt kids,
    The day of the parade,
    Slambanging down the street.
    Listen to the parade!
    There’s J. K. Burney’s float,
    Red-white-and-blue crepe-paper on the wheels,
    The Fire Department and the local Grange,
    There are the pretty girls with their hair curled
    Who represent the Thirteen Colonies,
    The Spirit of East Greenwich, Betsy Ross,
    Democracy, or just some pretty girls.
    There are the veterans and the Legion Post
    (Their feet are going to hurt when they get home),
    The band, the flag, the band, the usual crowd,
    Good-humored, watching, hot,
    Silent a second as the flag goes by,
    Kidding the local cop and eating popsicles,
    Jack Brown and Rosie Shapiro and Dan Shay,
    Paul Bunchick and the Greek who runs the Greek’s,
    The black-eyed children out of Sicily,
    The girls who giggle and the boys who push,
    All of them there and all of them a nation.
    And, afterwards,
    There’ll be ice-cream and fireworks and a speech
    By somebody the Honorable Who,
    The lovers will pair off in the kind dark
    And Tessie Jones, our honor-graduate,
    Will read the declaration.
    That’s how it is. It’s always been that way.
    That’s our Fourth of July, through war and peace,
    That’s our fourth of July.

    And a lean farmer on a stony farm
    Came home from mowing, buttoned up his shirt
    And walked ten miles to town.
    Musket in hand.
    He didn’t know the sky was falling down
    And, it may be, he didn’t know so much.
    But people oughtn’t to be pushed around
    By kings or any such.
    A workman in the city dropped his tools.
    An ordinary, small-town kind of man
    Found himself standing in the April sun,
    One of a ragged line
    Against the skilled professionals of war,
    The matchless infantry who could not fail,
    Not for the profit, not to conquer worlds,
    Not for the pomp or the heroic tale
    But first, and principally, since he was sore.
    They could do things in quite a lot of places.
    They shouldn’t do them here, in Lexington.

    He looked around and saw his neighbors’ faces

    The poem is very long, and is worth reading in full. The full text was published in Life Magazine; it is online here. The Life text may be a little difficult to read; I posted an excerpt which is considerably longer than the above here.

    Benet’s poem ends with these words:

    We made it and we make it and it’s ours
    We shall maintain it. It shall be sustained

    But shall it?

    Posted in Civil Liberties, Civil Society, History, Holidays, Poetry, Political Philosophy, USA | 3 Comments »

    Prediction: Romney 2016.

    Posted by Michael Kennedy on 3rd July 2014 (All posts by )

    I have been predicting this, especially since these polls.

    Even the Washington Post has second thoughts.

    Romney would hold a slight lead on President Obama if the 2012 election were replayed today, according to a new Washington Post-ABC News poll.

    The poll of registered voters shows Romney at 49 percent and Obama at 45 percent in the rematch, a mirror image of Romney’s four-point (51-47) popular-vote loss in 2012.

    Now, we have this.

    What can I say except I told you so.

    Will Romney be different from these other failed nominees? Could he defy the odds and make a comeback presidential bid capturing the GOP nomination after all the doubt, second-guessing and blame that accompany such a loss? According to the latest Quinnipiac poll, many Americans seem to think so—45 percent of voters said the United States would be better off today with Romney as president.

    I donated more to the Romney campaign than I have in any other election and I was a volunteer for McCain in 2000.

    I told you so. I think there is a case that the 2012 election was stolen.

    The knowledge that the 1960 election was probably stolen helped Nixon in 1968. That and the failure of the Johnson Administration in Vietnam. Anyway, I have been predicting this for a while at Althouse and I can’t remember if I have posted this opinion here. Obama, with the time he has left, will make this more and more attractive. I thought we were doomed after 2012. I still think so but maybe I was wrong. The Megyn Kelly interviews with Bill Ayers might even help although she never got into the Ayers-Obama relationship.

    I just hope we avoid the worst of the blowback from inept foreign policy before 2016.

    More. This is amazing.

    All this is weird, unprecedented. The president shows no sign—none—of being overwhelmingly concerned and anxious at his predicaments or challenges. Every president before him would have been. They’d be questioning what they’re doing wrong, changing tack. They’d be ordering frantic aides to meet and come up with what to change, how to change it, how to find find common ground not only with Congress but with the electorate.

    Instead he seems disinterested, disengaged almost to the point of disembodied. He is fatalistic, passive, minimalist. He talks about hitting “singles” and “doubles” in foreign policy.

    “The world seems to disappoint him,” says The New Yorker’s liberal and sympathetic editor, David Remnick.

    Just weird.

    Posted in Big Government, Civil Liberties, Crony Capitalism, Current Events, Elections, Health Care, Middle East, Obama, Politics, Polls, Predictions | 25 Comments »

    How the Voting Rights Act Was Gutted and Why It Should Stay that Way

    Posted by David McFadden on 4th June 2014 (All posts by )

    The word that liberals are assigned to use when writing about what the Supreme Court did to the Voting Rights Act of 1965 last term in Shelby County, Alabama v. Holder, 133 S. Ct. 2612 (2013), is “gut.” The Supreme Court “gutted” the Voting Rights Act, countless editorials, blogs, and articles say, while urgently pressing Congress to repair the damage. It’s not such a bad metaphor, actually, as gutting can mean removing the parts of a dead fish that are unwanted.

    In the case of the Voting Rights Act, what the Court removed was Section 4(b) of the Act, an anachronistic test for the application of an extraordinarily intrusive (and theoretically temporary) provision, Section 5. Critics of Shelby County v. Holder obscure what those two sections actually say and do. If a state or political subdivision is covered by Section 5, it must obtain a declaration from the U.S. District Court for the District of Columbia or the attorney general of the United States that any change in a “voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting” does not abridge voting rights. Without that declaration, no one “shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure.” Despite its text, this provision has been interpreted to mean that any change in a covered jurisdiction’s election law has to get preclearance from the Justice Department or the U.S. District Court for the District of Columbia—including laws that draw electoral districts, which are not a “procedure with respect to voting” and do not deny anyone the right to vote for failure to comply with them. (A voter can’t comply—or not comply—with an ordinance that says councilman shall be elected at large.)

    Section 5 was supposed to be a temporary, emergency provision expiring five years after the Voting Rights Act was adopted in 1965. It applied to states and political subdivisions that met two criteria set out in Section 4(b). The first was that the attorney general determined that on November 1, 1964, the jurisdiction had a “test or device” requiring a voter to prove his education, character, or morals. The second was that less than 50% of voting age citizens in the jurisdiction were registered on November 1, 1964 or less than 50% of such persons voted in the 1964 presidential election. At the time, this coverage formula was a good measure of whether blacks were being kept from voting. Southern states had been very resourceful in finding ways to do that without violating earlier civil rights laws.

    Early on, these provisions were found to be within Congress’s constitutional powers. The Fifteenth Amendment says that the right of citizens to vote “shall not be abridged by the United States or by any State on account of race. . . .” Section 2 of the Fifteenth Amendment gives Congress the power to enforce the amendment “by appropriate legislation.” In 1966, the Supreme Court held that Section 5 of the Voting Rights Act, although “an uncommon exercise of congressional power,” was appropriate under the “unique circumstances” of the time, namely, pervasive defiance of voting rights that previous congressional remedies had been unable to stop. South Carolina v. Katzenbach, 383 U.S. 301, 309-10, 335 (1966). The Court found that Section 4(b)’s coverage formula “was relevant to the problem of voting discrimination” and was “rational in practice and theory.”

    It did not remain rational in practice or in theory. Section 5, the eternal temporary provision, was renewed in 1970, 1975, 1982, and finally was renewed once more in 2006—until 2032! Although Congress repeatedly renewed Section 5, it never updated the coverage formula in the sense of basing it on recent conditions alone. In the first two renewals, Congress overlaid upon Section 4(b) the same tests with different years. So in 1970 jurisdictions that had a literacy test in November 1968 or less than 50% registration and turnout in the 1968 presidential election became subject to preclearance, in addition to jurisdictions already covered. In 1975, jurisdictions that had a literacy test in November 1972 and less than 50% registration or turnout in the 1972 presidential election also became subject to preclearance, in addition to jurisdictions already covered. The coverage formula was not changed when Section 5 was renewed in 1982 and 2006. All of the tests, including those based upon events long past, remained in effect.

    The only way a jurisdiction entrapped by one of the tests could get out was to prove to the satisfaction of the D.C. District Court that no test or device had been used in the jurisdiction for ten years, that it had not committed any other voting rights violation, and that it had made an effort to eliminate intimidation and harassment of voters.

    This “bail out” provision allowed the Supreme Court to avoid deciding whether the preclearance requirement was still appropriate in 2009. That happened after a Texas utility district filed suit in the D.C. District Court seeking a declaration that it could bail out or, in the alternative, that Section 5’s preclearance requirement was unconstitutional. On appeal, the Supreme Court held in Northwest Austin Municipal Utility District No. 1 v. Holder, 557 U.S. 193 (2009), that the utility district was eligible to bail out and, as a result, avoided deciding whether Section 5 or Section 4(b) was constitutional. But the Court had plenty to say about it nonetheless. Writing for the Court, Chief Justice Roberts cast doubt on the constitutionality of the preclearance requirement. The chief justice discussed the dramatic increases in registration and election of minorities (for which the Act deserves credit), the substantial federalism costs imposed by preclearance, and the antiquity of the coverage formula. Justice Thomas, concurring in part and dissenting in part, contended that the Court should have reached the constitutional questions and held Section 5 unconstitutional. No one wrote separately to defend Section 5. Justice Thomas wrote, “The Court quite properly alerts Congress that § 5 tests the outer boundaries of its Fifteenth Amendment enforcement authority and may not be constitutional.”

    Congress ignored the warning and left Section 5’s preclearance requirement and Section 4(b)’s coverage formula unchanged. Rep. Robert Scott (Democrat of Virginia) even issued an obtuse press release boasting that the decision validated Congress’s work in establishing the continuing need for Section 5.

    The issue returned to the Court four years later in a case brought by a county that was ineligible to bail out. In Shelby County v. Holder, the Court could not avoid the constitutional issues, or not all of them.

    The Court wasn’t ready to declare Section 5 preclearance unconstitutional (although Justice Thomas was), but it did declare Section 4(b)’s coverage formula for preclearance unconstitutional. Again Chief Justice Roberts wrote the majority opinion. He said that preclearance is extraordinarily intrusive into the reserved powers of the states under the Tenth Amendment. It reverses the burden of proof, requiring some of the states to come, hat in hand, before the civil rights division of the Justice Department or a distant court to prove that a new law does not violate the Act and to beg for permission to implement it. Only some states are subject to this indignity despite the equal sovereignty of the states.

    The purpose of the Fifteenth Amendment (often ignored in discussions of the Voting Rights Act) is to prevent denial of suffrage based on race. “To serve that purpose,” Chief Justice Roberts wrote, “Congress—if it is to divide the States—must identify those jurisdictions to be singled out on a basis that makes sense in the light of current conditions.” Apparently that’s the standard of review the Court used. If so, the Court side-stepped a question the lower courts debated and Northwest Austin acknowledged. The Court’s precedent had suggested that the test for whether a law was within Congress’s power under section 2 of the Fifteenth Amendment was either that the law was congruent and proportional to the constitutional violation or just that it was a rational means to enforce the Fifteenth Amendment. Foregoing the choice between the two, the Court seems to have created a special test for laws that divide the states, i.e., they must “makes sense in the light of current conditions.”

    Section 4(b) failed that test miserably. The House Report acknowledged progress made in minority registration, turnout, and office holding; yet Congress reauthorized the same requirements and coverage formula as if nothing had changed. Congress compiled a voluminous record full of stories about “second-generation barriers,” that is, electoral districts that allegedly dilute minority voting strength. Those so-called barriers did not bar anyone from voting and aren’t even prohibited by the terms of the Voting Rights Act. More to the point, such barriers as there are today did not inform the design of the test. The coverage formula based upon literacy tests no longer in force and turnout in the 1964-72 presidential elections was reenacted as if out of habit.

    While that’s hardly sensible policy, how it adds up to a violation of some constitutional provision or other is not exactly clear. After completing his critique of the coverage formula and relating the unheeded warning in Northwest Austin, the chief justice simply announces that Congress’s “failure to act leaves us today with no choice but to declare §4(b) unconstitutional.” We’re not told if by some measure Congress exceeded its power under the Fifteenth Amendment or the Fourteenth Amendment or if Section 4(b) violated the Tenth Amendment, which Shelby County also argued. In this respect, the opinion is as bad as the one the Court rendered the next day in United States v. Windsor, 133 S. Ct. 2675 (2013), in which Justice Kennedy follows his social and sentimental objections to the Defense of Marriage Act with “legalistic argle-bargle” abruptly leading to the conclusion that the Defense of Marriage Act violated the Fifth Amendment’s due process clause, the equal protection component of the Fifth Amendment’s due process clause or of the Fourteenth Amendment, or something like that.

    The declaration of the unconstitutionality of Section 4(b) is followed by dicta that have been misinterpreted as an “invitation” to Congress to come up with a better formula. Actually, the Court said, “Congress may draft another formula based on current conditions. Such a formula is a prerequisite to a determination that exceptional conditions still exist justifying such an ‘extraordinary departure from the traditional course of relations between the States and the Federal Government.’” Shelby County, 133 S. Ct. at 2631 (quoting Presley v. Etowah County Comm’n, 502 U.S. 491, 500-501 (1992)). A new coverage formula is not a goal the Court is setting for Congress; it’s a prerequisite to deciding whether Section 5’s preclearance requirement remains constitutional even with a sensible test for its application. If Congress were to establish that prerequisite by devising a new coverage formula and then the Court were to strike down the whole preclearance edifice, the howls of the Left that the Court had played whack-a-mole with the civil rights community would be entertaining indeed.

    The president has shown uncharacteristic respect for the separation of powers by refraining from enacting a new coverage formula by his own fiat. And true to form, the 113th Congress, one of the best Congresses ever (using the correct metric of fewest bills passed), hasn’t enacted anything either.

    There have been proposals, though, ranging from the ridiculous to the not terrible. On the ridiculous end of the spectrum, Michael Lind in Salon and Dylan Matthews in the Washington Post‘s Wonkblog imagined that the Court would have no choice but to uphold blanket coverage of all fifty states. On the contrary, the Court’s choice would be easy: imposition of the extraordinary burdens of Section 5 on each state, regardless of whether pervasive violations of the Fifteenth Amendment or none at all occurred in the state, would not survive any constitutional standard that the Court would apply.

    More seriously, Sen. Patrick Leahy (Democrat of Vermont) and Rep. Jim Sensenbrenner (Republican of Wisconsin) introduced in January a bill (S. 1945 and H.R. 3899) prescribing a coverage formula based on violations of the Voting Rights Act and low turnout in the last fifteen years. Violations resulting from a requirement that voters present a photo ID would not count. That’s a welcome concession, but Republicans should insist that the bill clarify that statutory voter ID requirements are not a violation of the Voting Rights Act at all. To its discredit, the bill also imposes on the states meddlesome reporting requirements regarding polling places, changes in election laws, registration, and election results.

    In March the bill was referred to the House Subcommittee on the Constitution and Civil Justice. It was referred to the Senate Judiciary Committee in January. Neither committee has held hearings. That’s just as well. It is past time to allow Section 5 to expire, but Congress has never had the courage to let that happen. Inaction on the coverage formula is the next best thing, at least until Republicans control more than the House of Representatives. What we need now is a do-nothing Congress.

    Posted in Civil Liberties, Elections, Law | 5 Comments »

    Checking Privilege

    Posted by Sgt. Mom on 20th May 2014 (All posts by )

    Oh, not to worry – I had my privilege topped up last week. Full of privilege I am, and ready to go … I assume that this is the ephemeral white privilege that these undergraduates-of-excruciatingly-top-drawer-non-state-uni muppets are referring to? Is this the female privilege, the veteran privilege, or the mainstream religious privilege, or even the privilege of having been brought up by a relatively well-adjusted heterosexual married couple in those benighted times when it was possible and even laudable for a male to go out and earn a living, while the spouse (usually referred to as a help-mate) stayed at home, raised the children, organized the housekeeping and the meals, the education, clothing and schooling of those children, the social sphere in which she and the pay-check winning spouse moved, and volunteered in the community where they lived … that must be it. (Hey, I’ll swipe my privilege card through the dispenser, just in case I have burned through some of my previously-deposited privilege.)

    Read the rest of this entry »

    Posted in Academia, Civil Liberties, Civil Society, Human Behavior, Leftism, Urban Issues | 8 Comments »

    SWOT, One Year On

    Posted by Jay Manifold on 15th April 2014 (All posts by )

    A year ago I was dispassionately composing my analysis. Today, when I left the Sprint campus and drove east on 115th Street to turn north on Nall toward I-435, there were TV news vans with telescoping antennae lining the street at the entrance to the Jewish Community Center.

    Coincidentally the number of dead is identical. There are, however, no (physically) injured survivors, and the motivation for the attack was similar only in that it was intended to draw attention to a cause. I fear that the perpetrator is cunning enough to succeed in that; his previous notoriety was due to legally forcing some radio stations to briefly carry Nazi ads during an election campaign season. Much has been made of the gentile – and indeed seriously committed Christian – identity of the victims, but I believe that was unimportant to him. What mattered was that he seize a mechanism for dissemination of conspiracy theories, and now, given the administrative blockheadedness of the American justice system and the puerile conventions of American journalism, we are all too likely to be subjected to many hours and tens of thousands of words of exceptionally vicious, totalitarian propaganda, varying portions of which will be heard by tens of millions of people. This guy knew exactly what he was doing.

    I could tell that from the video snippets of his arrest, just as I could tell, hours before it was officially confirmed, that he would turn out to have come from rural Missouri (Aurora is nearly a 3-hour drive from Overland Park; he had to have cased both facilities beforehand) and would turn out to be a southerner with prior Klan involvement. It was completely obvious from his accent, his tone of voice, and his attitude on camera. He is now operating inside the American institutional OODA loop. Our entirely proper determination to grant a scrupulously fair trial – when we’re not piling on the charges in order to ram a plea bargain through, that is – will be roughly equivalent to giving him not airtime for advertisements, but his own highly rated nationwide radio network.

    Fortunately, he is also sufficiently sui generis that copycat attacks are unlikely, at least in the immediate future. Should an American Dolchstoßlegende catch on, however, things may deteriorate sharply. The general case is to scapegoat a relatively small, easily-identified minority: it was the “1%,” or twenty-five guys on Wall Street, or the Koch brothers – or George Soros, or Obama/Pelosi/Reid, or the leftist academics on their Long March through the institutions – or (of course) Jews, or Latino immigrants or Asians stealing our jobs. If we just expropriate, or deport, or exterminate them, and everyone like them, the story goes, our country will be purified, and Utopia ensue. The ideology may be Nazi or Communist; either will do in a pinch, as Hayek wrote nearly three-quarters of a century ago: its adherents are uncertain, and know only that they hate Western liberal civilization.

    Just to make things more complicated, tolerance can definitely be taken too far. Interviews with the perpetrator’s neighbors in Lawrence County, Missouri, immediately elicit idiotic postmodernist comments to the effect that he seemed like a nice enough guy but had some opinions that they didn’t agree with. Great. Your assigned reading is here, you nitwits.

    So when blood ran in the streets of my city, did I follow my own advice in the ostensibly-uplifting conclusion to my analysis of a year ago, and immediately redouble my efforts on whatever it is I was supposed to be doing? Well, it was a Sunday, so there was somewhat less of that, although I tend to devise more projects for my spare time than I could possibly execute anyway. But in the event, whatever it may say about me, I felt tremendously violated, as though the murders had occurred in my driveway rather than six miles away. And what I actually did was drink rather more cheap boxed red wine than usual and break down a couple of times. I don’t have any particular aversion to weeping, but I don’t need to do so very often. Turns out I needed to on Sunday evening. The question of how I will react should much larger-scale events occur in even closer proximity remains unanswered.

    The problem, of course, is that this kind of thing isn’t supposed to happen here … which is a rather hypocritical sentiment in light of the actual statistics on violent death locally. A couple-three people a week get murdered in this town, three-quarters of them in an area covering only one-tenth of the municipality of KC, Mo., and a tiny fraction of the area of the entire MSA. Assuming that the said area (34 mi²) has the same population density as zip code 64130 (of which it largely consists), a moment with a calculator establishes that the homicide rate in question – the southwestern boundary of that area reaches to within two miles of my house – is nearly 80 per 100,000 per year, making it one of the most dangerous places in the Western world, and also as dangerous as Iraq before the Surge, which the media thoughtfully informed us at the time was the Worst Thing Ever. Gallivanting off to Haïti is all very well, but perhaps I should find a more local ministry to volunteer with while I’m at it.

    But it really isn’t supposed to happen here, and not just because Overland Park is a world away from the East Side. Side-by-side, indeed inextricably mixed, with the ongoing mayhem five minutes’ drive from my doorstep is a deep reservoir of peace and contentment. God damn it, we just want to listen to jazz and eat barbecue. In its best moments, there is no gentler place on Earth. The lives of those taken on Sunday bear witness to that.

    “The new thing — the thing which we had not known — the thing we have learned now and should never forget, is this: that a society of self-governing men is more powerful, more enduring, more creative than any other kind of society, however disciplined, however centralized.” – Harry S. Truman, Radio Report to the American People on the Potsdam Conference, 9 August 1945

    “Boys, if you ever pray, pray for me now.” – Harry S. Truman, to reporters, 13 April 1945

    Posted in Anti-Americanism, Civil Liberties, Civil Society, Crime and Punishment, Current Events, History, Judaism, Law Enforcement, National Security, Personal Narrative, Politics, Predictions, Quotations, Religion, Society, Terrorism, USA | 3 Comments »