Futures and Options

Just another town along the road.

Tuesday, June 9, 2009

Crosby, Stills, Nash, and Politics

Some musings on a CSN concert I saw last night. Why do so many gifted performers feel the need to bring up politics when they’re on stage? Rock-n-rollers, actors accepting awards, classical pianists, etc–a considerable number feel the need to use the spotlight (justly earned, in most circumstances) to vent their political frustrations. Jay Nordlinger wrote something about this a while back; unfortunately I haven’t been able to find his piece to link to it, but his displeasure with the practice mimics my own.  Our basic gripe is that the audience members haven’t shown up to hear political commentary from generally uninformed and unoriginal political observers; they’re there to hear Suite Judy Blue Eyes or Rachmaninoff’s Third or whatever.  Invariably, a significant portion of the audience isn’t going to identify with whatever political gripe is being aired, so it just makes the whole atmosphere slightly uncomfortable and can infect an otherwise memorable show.  Public artistic performances, in my view, should generally remain free from political commentary, unless the show is intended to be political in nature.  To be sure, I expect CSN, like any Woodstock-era band, to play their share of make-love-not-war songs; that’s part of their identity.  But I could do without the commentary between songs and all the crass anti-Bush stickers plastered on their sound equipment.  Just play, man.

By the way, I’ve never heard any performer interrupt his or her show with conservative commentary, which isn’t too surprising, given the political bent of the elite performance industry.  But my criticism would still apply to anyone who started quoting Milton Friedman or Edmund Burke between songs.

Nevertheless, a great show.  They played a lot of covers during their first set which were a lot of fun, including the best version of Dylan’s “Girl from the North Country” I’ve ever heard.  No doubt, Crosby, Stills, and Nash have still got it.  Steven Stills’ voice deserts him at times, but the trio can still pull off the finest vocal harmonies that rock has ever seen.  Do yourself a favor and see them perform Southern Cross live sometime before you die.

A final thought: putting aside the fact that Graham Nash is a Brit, has there ever been a greater American rock and roll band/artist than CSN?  We mulled over quite a few contenders on the way home – Eagles, Skynyrd, Allman Brothers, Creedence -  but we only came up with three we’d put above CSN:  Dylan, Elvis, and the Beach Boys.  Always blows my mind to think how foreigners have dominated the top spots in the classic rock pantheon:  Beatles, Stones, Zeppelin, Floyd, Clapton, Hendrix…Brits, every one of em.  Van Morrison was Irish.  Neil Young and The Band were Canadian.  Curious.

posted by Strix nebulosa at 07:15  

Tuesday, June 2, 2009

The Adventures of Jonathan Gullible

Read this book.  It is pure and distilled libertarianism and does an excellent job of pointing out the obvious absurdities of how many governments are structured.  If I ever have children, this book will form a crucial part of their bed-time stories.

There is a PDF download of the book with commentary that is offered for free.  The download link can be found in the middle of the About the Book page on the author’s site.  I strongly encourage everyone to take advantage of that link and to download and read this book; I have never before seen a clearer or more concise defense of libertarian principles than in Mr. Schoolland’s book.  If that’s not enough for you, Milton Friedman himself endorses the book, saying, “It certainly presents basic economic principles in a very simple and intelligible form. It is an imaginative and very useful piece of work.”

posted by Zenmervolt at 14:03  

Tuesday, June 2, 2009

Legitimate reasons to question Sotomayor

While the fact that Sotomayor is, at most, an average legal mind is itself sufficient to warrant concern over her nomination to the Supreme Court, there are certainly other reasons to oppose her nomination.  As a counter to some of the knee-jerk conservative accusations of “ultra-liberalism” on Sotomayor’s part, I’m going to actually walk through some of the issues that I feel should, at the very least, be causes for concern:

  1. Her decision in Maloney v. Cuomo.  This ruling stated that the recent case of Heller v. District of Columbia did not invalidate Presser v. Illinois and did not incorporate the Second Amendment.  I cannot see any defensible logic that would read the Heller decision as anything other than and incorporation of the Second Amendment and it is shocking to me that someone who has been nominated for the Supreme Court could interpret the Heller decision so poorly.

    While this was a per curiam decision, and therefore we do not officially know which of the Second Circuit’s justices wrote the actual opinion, Sotomayor was on the panel and per curiam decisions represent unanimous opinion, so one is forced to conclude that Sotomayor agrees fully with the published opinion.

  2. In 2002 Sotomayor made the following comment during a speech at the UC Berkeley School of Law:

    I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion (as a judge) than a white male who hasn’t lived that life.

    Even allowing for the fact that Sotomayor was undoubtedly speaking in generalities so as to present a more appealing speech, this is a disturbing statement.  One has only to swap the position of the terms “Latina woman” and “white male” within the sentence to see the inherent low-level racism in the comment.

    Worse, however, is the tacit implication that life experiences are a valid source of judicial insight.  This cannot be interpreted as anything other than an endorsement of the concept of Judicial Activism.  This is not a good thing.  The role of judges is to determine what the law actually says about an issue; judicial activism suggests that judges base their ruling on what they think the law should say, effectively giving justices legislative powers and circumventing the system of checks and balances that were built into the constitution.

  3. Her opinion in Ricci v. DeStefano.  Here we have another per curiam decision and again there are troubling issues.  A competency test was devised and vetted by outside agencies; people made significant sacrifices to study for the test as they were told that success would allow them to be considered for advancement in their careers; when the testing was complete, the results were throw out because, despite equality of opportunity, the outcome was not what the testing entity desired.  Sotomayor was involved in the panel’s unanimous per curiam decision which upheld the right of the testing entity to throw out the results.

    What is interesting to me here is that in both instances of controversial decisions we see Sotomayor hiding behind per curiam decisions.  In a per curiam decision, the decision’s author is not revealed which obscures insight into the individual legal decisions weighing on the minds of the individual judges.

  4. That 2002 speech in Berkeley again:

    Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar.

    Pardon me?  The facts that a judge chooses to see?  Chooses?  This is incredibly disturbing to me and should be to anyone who gives the issue any thought at all.  Judges do not get to choose which facts they see.  It is the responsibility of a Judge to see all facts and to render unbiased opinions.  Liberal or conservative, Democrat or Republican, no-one should ever be content with a judge who picks and chooses which facts of a case to consider and which facts to ignore.

Clearly, there are valid reasons to be concerned about Sotomayer as a Supreme Court justice that go beyond mere partisan hackery.

posted by Zenmervolt at 08:13  

Friday, May 29, 2009

Things I just plain do not understand

This (assuming I have some follow-through) is going to be a randomly-updated series where I can rant about things that make absolutely no sense to me at all.  Today’s inaugural rant was inspired by a photo album recently uploaded to Facebook by a friend of mine.

And now, without further ado, the very first installment of “Things I Just Plain do not Understand”:

Bachelorette Parties:  These things absolutely defy anything even remotely approximating an attempt at logic.  Groups of women who, in any other situation take serious offense to things as minor as fart jokes, will, at bachelorette parties, gleefully exchange penis-themed party favors and edible underwear.    These parties are nothing more than culturally-legitimized opportunities for women to engage in the same behaviours that they absolutely despise in men.  I mean, really, what do you think would happen if a woman found out that someone had given her husband/fiance/boyfriend a cake that was decorated with vagina-shaped candles?  I’m not too sure of the specifics, but I can guarantee that it would be substantially unpleasant for both of the men involved.  Of course, if a woman gets a cake decorated with penis-shaped candles during her bachelorette party it’s hilariously funny.  Funny enough to get posted to Facebook, in fact.  Let’s see someone try that with a with a vagina cake.

Sure, some will argue that a bawdy bachelorette party is an empowering form of equality and gives women a celebration that has parity with the traditional bachelor party (which, frankly, I don’t particularly understand either).  I say that if you want to empower a woman you might want to try choosing party decoration themes that don’t imply that her primary function in marriage is to suck her husband’s ****.

Just a suggestion ladies.

posted by Zenmervolt at 13:48  

Friday, May 29, 2009

Sotomayor…ehhh

Judge Sotomayor has adequate credentials to be a Supreme Court justice. What saddens me about her nomination – even more than the impending retrenchment of liberal, living constitutionalist philosophy, which was fully expected – is that it confirms that blatant identity politics are still alive and well. The only reason she was considered for the job (and the real reason she will be confirmed) is because she is a Hispanic woman. Obama said as much when he introduced her as his nominee. Having a Hispanic woman on the court is all well and good, but I cannot abide placing ethnic identity above pure legal ability when filling a position of this importance.  And there were two other potential nominees, Diane Wood and Elena Kagan, who possess legal minds that are arguably brilliant (even if they are a little too liberal for my taste).   It is a shame that such extraordinarily qualified legal thinkers would lose out to a competent but average judge because of ethnicity.

You know, I can understand wanting to have legislatures that are reasonably representative of the ethnic makeup of the populations they represent. Legislatures are supposed to be in touch with and reflect the views of the people they represent. But judges are not. Judges should, indeed must be blind to the race and gender and background and wealth of the litigants before them. And of course a judge’s own race, gender, background, and wealth, should have no bearing on her approach to a case, an apparently inarguable proposition that neither Obama nor Sotomayor seems to endorse.

posted by Strix nebulosa at 06:53  

Wednesday, May 20, 2009

Yay! Republicans aren’t *complete* idiots

The Republican Party has announced that they are dropping plans to re-brand the Democratic Party as the “Democrat Socialist Party” in the wake of massive criticism both internal and external.  I guess the party might not be mostly stupid after all.

posted by Zenmervolt at 19:47  

Wednesday, May 20, 2009

Apparently we’re all idiots

“Treating your rocket scientist employees as if they were still in kindergarten is not an isolated phenomenon. Almost every company has some kind of incentive program that is insulting and demeaning.” – Joel Spolsky

Sometimes they even post tutorials, complete with little cartoon charictarizations of bacteria, in the bathrooms explaining, to college-educated professionals, how to wash one’s hands.  Helpful hints, for those who have somehow managed to be hired without having any previous interaction with civilization, include:

  • Use soap
  • Rub your hands together
  • Hum “Happy Birthday to You” twice to gauge time
  • Rinse the soap off when you’re done
  • Dry your hands afterward

Mercifully, I have not yet encountered anyone singing in the bathrooms.

posted by Zenmervolt at 09:41  

Monday, May 18, 2009

Coming together on Abortion

Pastor Bill Shuler of the Capitol Life Church in Arlington, Virginia gives us a list of ten questions upon which, he claims, “we should be able to come together,” meaning that, in his eyes, we should all agree on his points.  Let’s take a look at his list and see if his claims are justified.

  1. Can we agree that the number of abortions needs to be reduced?
     
    No, we cannot because there is no consensus on the precise definition of “need” in this instance.  From a purely secular viewpoint, the only “need” is to preserve the ability of a society to function and there is no compelling evidence to suggest that the current abortion rate is in any way impairing the ability of society to function.  In fact, as Steven Levitt points out in his book, “Freakonomics”, there is at least some evidence to suggest that our current abortion rate is actually improving society’s ability to function. If a person is of the opinion that a government’s only responsibility is to provide a stable society on a secular level, then there cannot be a true perception of any “need” to reduce the number of abortions that is based on pure rationality.  This question presupposes that the opposition believes that governmental protection of life is important in and of itself rather than purely as a means of promoting social stability.

    Now, if the question is re-phrased as, “Can we agree that it would be preferable to minimize abortions?”, then I believe the answer could reasonably be “yes”.  However, as long as the word “need” is used, agreement is not possible.
     
  2. Can we border on caution when it comes to the question of when life begins?
     
    Carried out to an admittedly absurd degree, choosing “caution” in this question could result in the decision that life begins with the creation of individual gametes well before any potential zygote is created.  I admit that under this definition masturbation (in males) and menstruation (in females) would be, technically, murder since both involve the destruction of gametes that, again technically, contain the potential for human life. Still, I understand Shuler’s thrust with this point and I agree that there is a valid sentiment here.  It is possible to construct a secular argument that, since a fertilized egg (zygote) has a sufficiently reasonable chance of developing into a viable fetus it should therefore be treated as “alive” in the legal sense.  This is open to argument on the grounds that medical estimates suggest that anywhere between 50% and 70% of zygotes never make it to full term (for natural reasons).  That opposition can be countered through examples of other laws (e.g. drunk driving prohibitions) that restrict actions that are not guaranteed to be causative.

    In any case, at this point there is at least a legitimate and secular discussion possible and we have proven an ability to build a case against abortion that does not rest strictly on emotional/theological/moral grounds.
     
  3. Can we agree that inconvenience is not a proper reason for an abortion?
     
    Again, from a strict secular position, I don’t think this is an area where agreement can legitimately be expected.  Who defines “inconvenience”?  Is one month of bed-rest a mere “inconvenience” or is it something above and beyond?  How about two months?  Three?  I would agree that there are valid arguments against using abortion as a primary means of birth control (e.g. in lieu of condoms or the pill) inasmuch as abortion is more invasive and more likely to cause complications for the woman as well, but that’s not the only thing implied by “inconvenience”.

    What of couples who use a condom or the pill (or even both) and still conceive?  Is an abortion still a mere “convenience” then?  From a purely secular view these questions are not easily answered.  A rational discussion is certainly possible, but again this seems to be a clear case where, as the saying goes, honorable men may differ.
     
  4. Can we speak to those of an opposite viewpoint without using hate speech?
     
    Absolutely.  But this is a two-way street and someone needs to get the message out to the people who think it’s acceptable to bomb clinics or harass doctors who perform abortions.
     
  5. Can we choose to promote a culture of life?
     
    What is a “culture of life”?  Is it a culture in which the needs of people who have been raped are considered?  Is a a culture in which the needs of those whose life is at risk from carrying a pregnancy to term are considered?  The term “culture of life” is a pleasant-sounding platitude but it’s not a meaningful definition of anything.  The only purpose is to create the (patently false) impression that our current culture is somehow a “culture of death”.  Empty rhetorical devices such as this do nothing to improve an argument’s perception.
     
  6. Can we encourage adoption, recognizing the many parents who would love and cherish a baby?
     
    Absolutely.  But does this question imply that adoption is somehow currently discouraged?  Because I don’t believe that is true.  Most people, even those who support legalized abortion, already agree that adoption is preferable in cases where there are no extenuating circumstances (e.g. mother’s health in danger, rape, etc) but that doesn’t necessarily lead to the conclusion that abortion should be reduced in availability as an option.
     
  7. Can we help teens see that abstinence is the best option and clearest way to avoid STDs, regret and abortions?
     
    I don’t think that there is any teen of at least moderate intelligence who doesn’t know, intellectually, that abstinence is the single most effective means of preventing STDs and pregnancy.  However, to promote abstinence-only plans is to willfully disregard reality.  Educating teens about their options in addition to abstinence is a necessary component of sex education and we ignore it at our own peril.
     
  8. Can we agree that there is no greater gift than life?
     
    Calling life a “gift” presupposes a religious, or at least “spiritual”, understanding of the universe.  To a purely secular mind, life is an “occurrence” and not a “gift” because life is not conceived of as being “bestowed” upon an entity by any supernatural force.  This statement is meaningless when addressing a secular audience.
     
  9. Can we agree that this is ultimately an issue that transcends politics?
     
    Unarguably it does.  Which is precisely why it should remain legal.  Politics are concerned exclusively with a country’s secular existence.  If the arguments against abortion are primarily religious, ethical, or moral in nature then they are irrelevant to legal and political decisions.  If there are cogent secular arguments against abortion, they should, by all means, be considered.  However, if opposition to abortion depends upon religious principles then it is reckless to an extreme degree to allow those religious convictions to become codified in secular law.
     
  10. Can we agree that you and I wouldn’t be able to have an opinion on this issue if we had been aborted?
     
    Cute, but far from anything resembling a cogent secular argument.

To be sure, I am personally opposed to abortion and, were I asked for counsel by a woman who was considering one, would recommend adoption instead assuming that the woman’s life was not in danger and that her pregnancy was not the result of a rape.  Neither do I believe that the government should directly fund the practice.  However, I likewise do not believe that I would be right to impose my own morality upon others in the absence of a valid secular reason to do so and, so far, I have found no compelling secular argument against the practice of abortion.  I don’t like that I haven’t, but the truth is often uncomfortable like that.

posted by Zenmervolt at 10:35  

Friday, May 15, 2009

Ready! Set! Lose!

Jesus H. Christ on a bike RNC, are you actively trying to make every conservative sound like a raving lunatic?  A resolution to “re-brand” the Democrats as the “Democrat Socialist Party” is worth convening a special session?  It’s not even worth entertaining as an option!

If you really want to criticise the current administration, you should be looking to George Will, not to Joseph McCarthy.  Leave the name-calling to children and grow the hell up.  Anyone who thinks this recent resolution is a good thing is an idiot.  At the very least, Michael Steele gets it when he says that this resolution, “will accomplish little than to give the media and our opponents the opportunity to mischaracterize Republicans.”

Of course, like any voice of reason within the current Republican party, Steele, despite his position, has effectively no influence.

As far as my own suggestion, how about we stop worrying about what to call the Democrats and simply limit ourselves to proposing fiscally-responsible alternatives.  I’m thinking that will work just a little better than continuing our own fiscal incontinence while childishly calling the other party names.

And, to everyone who thinks I’m being cowardly and that we shouldn’t give two shits about how the media portrays Republicans as a result of this resolution, I have this response:  If it doesn’t matter what our opponents call us, then why the HELL does it matter what we call them?  This isn’t about “calling a spade a spade” or “bravely telling the truth”.  This is about a group of sore losers engaging in an ideological circle-jerk and it’s not even close to a productive use of the party’s resources.

Hat tip to The Right Wing Nuthouse.

posted by Zenmervolt at 10:29  

Friday, May 15, 2009

Posner on the Decline of Conservative Intellectualism

Richard Posner (for non-lawyers, America’s most famous judge not on the Supreme Court) describes the decline of the role of intellectuals in the modern conservative movement. Posner’s post is worth reading in full for its interesting historical synopsis of twentieth century conservatism, but here is the crux of his argument:

My theme is the intellectual decline of conservatism, and it is notable that the policies of the new conservatism are powered largely by emotion and religion and have for the most part weak intellectual groundings. That the policies are weak in conception, have largely failed in execution, and are political flops is therefore unsurprising. The major blows to conservatism, culminating in the election and programs of Obama, have been fourfold: the failure of military force to achieve U.S. foreign policy objectives; the inanity of trying to substitute will for intellect, as in the denial of global warming, the use of religious criteria in the selection of public officials, the neglect of management and expertise in government; a continued preoccupation with abortion; and fiscal incontinence in the form of massive budget deficits, the Medicare drug plan, excessive foreign borrowing, and asset-price inflation.

By the fall of 2008, the face of the Republican Party had become Sarah Palin and Joe the Plumber. Conservative intellectuals had no party.

I think there is a lot to unpack here, so let me take Posner’s four major criticisms in reverse order. First, “fiscal incontinence”: there’s no arguing with this one. Republicans are guilty as hell, and I think Posner is correct to identify the party’s increasingly populist timbre as the root cause of its abandonment of fiscal conservatism (perhaps it’s not a cause; the two are just the mirror images of one another). At any rate, we’ve screwed this one up. It’s time to own up to this mistake and return to first principles. But let’s be clear here: there is nothing wrong with the principles themselves. The basic philosophy of fiscal conservatism is still sound (indeed, it’s the only fiscal philosophy that is sound, in my view). We’ve simply paid inadequate attention to those principles.

Second, “preoccupation with abortion.” This one is trickier. I’m not convinced that opposition to abortion was any less central to the conservative movement forty years ago (when conservatism, according to Posner, was legitimately idea-driven) than it is today. Roe v. Wade was a lighting rod for criticism as soon as it was handed down. Now, perhaps the pro-life position did not become genuinely associated with political conservatism until Reagan built his coalition of economic and social conservatives. But the point is this: there are and always have been an awful lot of people in this country that believe that abortion is murder. One cannot dismiss such concern for human life as a mere political “preoccupation” that gets in the way of more pressing matters. Since when was opposition to abortion an anti-intellectual, populist position? Basically, I think Posner is too quick to lump the abortion issue with the all-too-real, growing economic populism of the conservative movement. Perhaps the tenor of the pro-life movement has become more populist over the years, but I still think it is only loosely related to economic populism (with which true conservatives should be genuinely concerned).

Third, the substitution of will for intellect. I might quarrel with Posner as a descriptive matter on this one. I’m not sure any of the examples he gives (denial of global warming, use of religious criteria in political appointments, and general lack of governmental expertise) are really characteristic, mainstream features of the modern conservative movement. Certainly they’re not part of the philosophy of conservatism. To the extent that some Republicans have exhibited these characteristics, I would be the first to condemn them. Denial of science and ineptness of public officials (like reckless fiscal policies) are not conservative principles.

Finally, the “failure of military force to achieve U.S. foreign policy objectives.” This criticism is susceptible to two interpretations: (1) using military force to attempt to achieve U.S. foreign policy objectives is a really bad idea, or (2) it’s not necessarily a bad idea, but where we’ve used military force, we have executed poorly. In either case, I think Posner is wrong on multiple levels. We’re winning in Iraq, period. Success has taken awhile, to be sure, in no small part due to the Bush administration’s short-sightedness of what regime change in Iraq would actually mean, but I think it is hard to deny that the Iraq war has turned into a painful, costly success. We are on the verge of drawing down our troops and leaving a democratic, moderately stable Iraq. That is an enormous boon to our foreign policy interests in the globe’s most critical region. I do not see how such a policy – in principle or eventual execution – can be characterized as a failure. What is more, the architects of the successful surge strategy were neocon nerds like Frederick Kagan. Indeed, neoconservatism has always been driven by intellectuals; it can hardly be called a populist movement. In short, I think Posner erred in including the neoconservative agenda on his list of “major blows” to conservatism, both because it has worked, and because it is certainly not an anti-intellectual position.

To review the bidding: Posner’s critique of conservatism’s recent fiscal irresponsibility is legitimate, but the problem is indicative of neglect of core conservative principles, rather than of a fundamental flaw in the principles themselves; his concern with the preeminence of the abortion issue is unrealistic; his concern with the substitution of will for intellect is overstated; and his concern with the neoconservative foreign policy agenda is flat wrong. The lesson, in my mind, is that conservatives who wish to remain true to the movement’s traditional principles should focus their energy on stopping the recent slide toward economic populism. If we succeed there, then we’ll give ourselves the luxury of bickering among ourselves and with the liberals about all the rest.

posted by Strix nebulosa at 06:09  
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