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March 31, 2004

Clarke is great

Despite attempts to defame him by the Bush Administration and its syncophants at FOX News, Richard A. Clarke is a true American hero. When Clarke gave testimony before the National Commission on Terrorist Attacks upon the United States, he insisted that he and CIA director George Tenet warned the president on multiple occasions that al-Qaeda was planning something "spectacular." The president, as well as Condoleeza Rice, ignored Tenet's insistence that the administration pursue a policy of "rolling back" al-Qaeda (that is, "rolling" bombing attacks -- in waves, over a course of a few years -- designed to cripple them), and ignored the Northern Alliance and Pakistan's requests for help against the Taliban.

This was March 24. On March 25, the White House conveniently "leaked" to FOX News an old press briefing from August, 2002 in which Clarke apparently contradicts some of the things he's saying now. Dick Cheney was quick (too quick, given his medical condition; he should go lie down now) to point out 1) that Clarke is just trying to sell a book (Against All Enemies) and 2) that he was passed over for a promotion to Deputy Director of Homeland Security. These are all wonderful attempts to discredit Clarke, but they just don't hold water.

First of all, Clarke is risking perjury if he lies. Is it worth prison time to sell a book? Second, a panel member already addressed the discrepency between the 2002 press briefing and Clarke's current testimony. Panel member Thompson asked, "Are you saying to me that you were asked to make an untrue case to the press and the public and that you went ahead and did it?" Clarke replied, "Not an untrue case. I was asked to highlight the positive aspects of what the administration had done, and to minimize the negative aspects of what the administration had done. And as a special assistant to the president, one is frequently asked to do that kind of thing. I've done it for several presidents." The press briefing was not held under oath. And it was, after all, a press briefing: it's when the administration's spin control kicks in to high gear.

Clarke's current testimony matches exactly with a Time special report from August 12, 2002 on the intelligence failures before September 11. Everything -- from the lack of attention to al-Qaeda, to the lack of help for Pakistan and the Northern Alliance, to the bureaucracy that took nine months to review a counterterrorism policy that was completed -- but not implemented -- before Bush took office.

This last element is surprising. Clarke, as the so-called terrorism czar, had drafted a proposal for President Clinton in December, 2001 but decided to wait until the Bush administration took office in January to implement it. (Condoleeza Rice insists that she never received any formal counterterrorism paper.) The Bush team thought that Clinton's people were amateurs when it came to terrorism, so they reviewed all the Clinton national security policies, and White House bureaucracy pushed review of Clarke's policy back months. It was September 4 before the policy finally came to a "principals meeting" (a meeting of all the Cabinet secretaries).

Attempts to discredit Clarke show the full range of dirty tricks that the administration will resort to in order to cover its ass. Scott alerted me to a Talking Points Memo (not Bill O'Reilly's) in which FOX News completely and unabashedly misquotes Clarke. It made me furious and it was then that I finally decided that FOX News was worthless as a source of actual news and will do whatever it takes to protect Republicans. "We report, you decide"? How about, "We contort, then deride"?

'Design,' continued

Lest anyone think that Phillip Johnson is just another crazy, here's an excerpt from another one of those "in the year 2025" articles from World magazine, this time by Jonathan Wells. Acting as an objective scientist, Wells writes about how students became disillusioned with Darwinism:

Biology classrooms became platforms for indoctrinating students in Darwinism and its underlying philosophy of naturalism-the anti-religious view that nature is all there is and God is an illusion. In the ensuing public backlash, some people demanded that evolution be removed from the curriculum entirely. A larger number of people, however, favored a "teach the controversy" approach that presented students with the evidence against evolutionary theory as well as the evidence for it.

That reminds me of my old high school biology textbook, chapter 4, entitled "God is an Illusion." The textbook was written by Frederich Nietzsche, as all good biology textbooks are.

How did Darwinism alienate everyone? By lying, you see. Wells writes:

It didn't help the Darwinists when it became public knowledge that they had faked some of their most widely advertised evidence. For example, they had distorted drawings of early embryos to make them look more similar than they really are (in order to convince students that they had descended from a common ancestor) [. . .]

No, he doesn't write. He lies. Take a look at photographs of mammalian embryos. I dare you to correctly pick out the human embryo. Wells is not referring to the true nature of embryos, but to a controversy surrounding 19th-century (well, 1899) drawings of mammalian embryos. To read a fanatical account of this, go here. (But look out! It's the textual equivalent of arm-flailing and yelling.) A biologist named Earnst Haeckel made drawings of human embryos and then, assuming all mammals developed the same way, created drawings of other mammalian embryos in various stages of growth -- but without actually observing them. However, Stephen Jay Gould observes that Haeckel's theories were debunked fifty years ago.

Wells does a great job coming up with a fictional future for Darwinism, but this is only a piece of creative writing. How someone would make the jump from Darwinism to intelligent design (which is, despite the protestations of its supporters, rooted in Christian theology) is beyond me. "Well, science has failed. Time to move on to the supernatural!" That's certainly a scientific attitude. Or, perhaps, science will continue to investigate scientific explanations for evolutionary mechanisms, whether it is natural selection or a theory as-yet unproposed.

I emphasize that I acknowledge the flaws inherent in the theory of natural selection; I do not assume that it is a perfect theory whose conclusions should not be questioned. Of course they should be questioned, and it is largely intelligent design theorists that are doing the questioning. Good for them.

At the same time, intelligent designers are proposing a counter-theory to natural selection, one rooted in the a priori existence of a higher being, or some "intelligence" that created the universe. The next logical question to the intelligent design theorists is, "Who or what is this being?" Some of them are mute on this point; others suggest that it is the God of Christianity. Wells and Johnson imagine a future in which everyone agrees with Christian cosmology and science has died -- because it continually claims that God is dead.

Or it could be that Wells and Johnson completely misrepresent science, which is not concerned with God at all. Science concerns itself with testable and provable hypotheses, and there is no lab test for God.

March 29, 2004

Get 'design' out of the textbooks

When Ohio's Board of Regents said that it would make optional a chapter about alternatives to evolutionary theory, evolutionists cried "foul" and intelligent design theorists (only a step below creationists) put a tally mark in the "success" category. Not so fast.

Intelligent design is, for all intents and purposes, creationism masquerading as science. Intelligent design theorists choose to remain ambiguous about who or what the intelligent designer is, and well they should, for the gum-chewing public "knows" what creationism is. Phillip Johnson is the author of the dubiously-titled books Darwin on Trial, Defeating Darwinism by Opening Minds, Reason in the Balance, The Wedge of Truth, and The Right Questions. These books sound innocent enough; who could possibly be against reason or truth? But look at what the man is writing. In wondering what the future will be like in the year 2025 (when no one believes Darwin anymore) he observes:

Only the fool says that there is no God, or that God has forgotten us. Folly like that is as dead today as the discredited Inherit the Wind stereotype, which fit the facts of history no better than the secularization thesis. We no longer expect to meet intelligent beings on other planets, for we have learned how uniquely fitted to shelter life our own planet has been created to be.

The man advocates a belief in God in place of evolution. This is what the intelligent designers do: they theorize that since our physical world is so complex, it couldn't have arisen by pure chance, therefore a higher power must have intervened. But where is the science? Where is the testable hypothesis? In science, we cannot test hypotheses like, "I think fruit punch is superior to orange juice." There's no way to objectively test that. We also cannot test untestable assertions like, "A higher power created the universe." Since this higher power is beyond the range of our comprehension, it is logically impossible to determine whether or not he exists. Intelligent designers have created this little conundrum for scientists: to prove that a higher being doesn't exist. Of course, they can't, and intelligent designers cry "victory!" But science doesn't work that way. Simply because I can't prove something, that is not proof that it is true.

Evolution -- excuse me, natural selection -- is great. The theory conforms to the observations we have made in fossils thus far, and continues to conform to observations we make about genes. Sometimes. There are holes in natural selection, and the problem is that many scientists are unwilling to acknowledge the existence of these holes. I was never taught in high school that natural selection is the subject of a heated debate in the scientific world, which it is. I make a distinction between "evolution" and "natural selection" because practically every scientist believes in evolution, the process of organisms changing over time. Scientists merely disagree on the mechanism of evolution, the most popular of which is Darwin's theory of natural selection. Since they can't come up with anything better, some scientists stubbornly adhere to the natural selection theory without question. It has risen to the level of "dogma," and if you don't believe it, you're a heretic -- in spite of evidence which suggests that natural selection isn't all it's scientifically cracked up to be. The spirit of the scientific method is continued inquiry, and evolution must be approached the same way: we must continue to experiment and determine definitively what it is that makes evolution operate.

Given the flaws with natural selection, does that mean we must turn the debate over to intelligent design? Hell, no! Intelligent design is not grounded in any kind of science and it is wholly dependent upon one's belief in an untestable "higher being." There's no reason involved in that mode of thinking; the source of information there is not empirical, but supernatural. It does not belong in any public school. Natural selection belongs there, but with a clearly displayed caveat that it is only a theory and it does not have all the answers, but it is the best answer we have so far. Other scientific theories besides natural selection are permissible in a public school curriculum, but a blatantly religious-based theory is not. Intelligent design is merely creationism wearing a funny new hat.

If the world in 2025 is anything like Phillip Johnson predicts, I'm moving out. "We no longer need to meet intelligent beings on other planets"? Intelligent design theorists like to point to probabilities and say, "It's highly unlikely that we evolved by chance." I would point them to the same probabilities and say, "It's highly unlikely that, given the size of the universe, Earth is the only planet inhabited by intelligent life." "Only the fool says that there is no God"? Why is that? Have scientists empirically determined the existence of God? If they have, then good for them. We will have a lot more answers in 2025 than we have now. But if scientists in the future adhere unquestioningly to a belief in creationism, it is the end of reason and the death of enlightenment.

March 28, 2004

Render unto Caesar the things that are Caesar's

Anyone dealing with Elk Grove Unified School District v. Newdow would do well to take a look at a few things.

First, Kenneth C. Davis wrote a wonderful op-ed in Friday's USA Today talking about the case and its merits. He takes John Ashcroft to task for stating that God is mentioned in the Declaration of Independence, the Constitution, the Gettysburg Address, the national anthem, and our coins: "Well, he was 80 percent right -- but he was wrong on the most important item. The Constitution is the creation of 'we, the people' and never mentions a deity aside from the pro forma phrase 'in the year of our Lord.' The men who wrote the Constitution labored for months. There's little chance that they simply forgot to mention a higher power. So what were they thinking?"

Despite Bush and Ashcroft's insistence that the law comes from God, the Constitution disagrees. Though the Declaration of Independence may mention God, it is not a legal document and was written thirteen years before the Constitution was ratified. It is not a body of law but a persuasive essay indicating why the Second Continental Congress went to war against the British. The Constitution is a legal document, one that sets the most basic parameters for our country -- and a compelled belief in God or a god is not one of them. Nor is the belief that God is the source of the liberties found in the Constitution. As far as it is concerned, all people are born with inherent natural liberties, as any document that comes out of the Enlightenment would believe.

Second, the Virginia Act for Establishing Religious Freedom offers a plethora of compelling reasons why, even if I believe that God is the person from whom all law comes, the state is not obliged to believe the same thing. Railing perhaps against a monarchy that believed it was divine and infallaible, the Act comes out against

the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time[. . . .] to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles, on the supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency, will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own[. . . .]

Thus, even though the Bush Administration may claim that the ultimate authority of law is God, that can only be the opinions of the people who compose the Bush Administration. Officially, the Administration can only believe that law comes from the Constitution; for it to think otherwise would render it guilty of basing its opinion on a particular set of priniciples in which not all of the people believe.

In an attempt to lambast the authors of the First Amendment, it has been said that they themselves were not atheists. Of course they weren't! But that doesn't mean that they didn't understand that religion has a divisive power as well as a unifying one. Like any other system of personal identity and classification, it separates everyone into two groups: "us" and "them." It draws the "us" together while pushing the "them" away (and remember that this is not true of all religion, but Western Judeo-Christian-Islamic religions tend to be more exclusive than they are inclusive. The Church of England in 1786 was certainly an exclusionary body, not welcoming even into government service those who professed a different religion).

If the founders of our country had intended for the ultimate source of law to be God, they would have said as much in the Constitution. But they didn't, so He isn't. The fact that the words "under God" were added to the Pledge years after its original writing confirms that there was an ulterior motive behind it -- to separate the Christian "us" from the Godless Soviets. The original Pledge omitted a god because we were not pledging our allegiance to a God or acknowledging that he had anything to do with our country; we were pledging our allegiance to the United States, not a nation "under God," which implies that He is somehow leading the way in this grand experiment in democracy. He is not; the people of the United States are.

In a parable in Matthew 22, Jesus talks about a king who gave a wedding feast for his son. After the parable, the Pharisees ask him whether or not, given his position that he "[cares] for no man; for [he does] not regard the position of men," it is right to pay taxes to Caesar. Jesus replies, "Render therefore to Caesar the things that are Caesar's, and to God the things that are God's." Even Jesus knew that church and state should be separated.

March 26, 2004

'Hamas'icide

As one might expect, the folks over at TownHall.com are ravenously upset about the characterization of Hamas leader Ahmed Yassin as a "spiritual leader." "Think of him as a charismatic Hitler rather than a dull, hands-on Eichmann. Somehow that's supposed to have made him less dangerous. It isn't logical, but logic has nothing to do with it. This is the Middle East," writes Paul Greenberg. Later on, in the second point of what he calls "eight degrees of separation from reality," Greenberg laments that "the United Nations' Kofi Annan, who seldom if ever finds anything illegal when Israelis are blown apart, denounces the loss of said terrorist -- excuse me, militant -- as a crime against international law."

The Israelis are equally ravenous about their security, and celebrated the assassination, calling it "a blow to terrorism comparable to the American pursuit of Al Qaeda" (NYT, 22 Mar. 2004). The response? Thousands of Palestinians decided that suicide bombing is wrong and agreed to submit to whatever terms Israel was willing to offer.

Just kidding. They protested in the streets and declared Sheik Yassin a martyr. They also vowed revenge. I'm glad Ariel Sharon is so concerned about peace.

Just kidding again. Seriously, though, the man is insane. Sharon belongs in the Cold War world. His hard-liner ideology would work great in the black-and-white world of the Cold War, where the United States was clearly in the right and the Soviet Union was clearly the leader of what former U.S. Messiah Ronald Reagan called "the evil empire." (Note: Reagan had never visited the U.S.S.R. when he made that statement in 1983. A few years later, when he actually visited the country, he repudiated what he had said.)

What did Sharon think this action would accomplish? That Hamas would fall apart? Well, they have -- if your definition of "fall apart" is "elect an equally fanatical leader as its leader." Dr. Abdel Aziz "Snooky-bear" Rantisi, Hamas' new spiritual leader, said on Wednesday, "The Israelis will not know security. We will fight them until the liberation of Palestine, the whole of Palestine" (NYT, 24 March 2004).

Criticism for the assassination was more or less the same worldwide: no one liked it. The G-Dub Administration found itself in a bit of a pickle: on the one side, we support everything Israel does. On the other side, they did a very bad thing. So we took the moral high ground and changed our position throughout the day. Monday afternoon, Condoleeza Rice said in a TV interview that it was "very important that everyone step back and try now to be calm in the region." Later, the administration was "deeply troubled by this morning's events in Gaza" (NYT, 23 March 2004). Later in the week, the U.N. almost unanimously passed a resolution condemning Israel's actions. "Almost" because only the U.S. and Australia voted against it (and probably Israel, too).

The United States should have condemned the assassination, which is what it was (by the way). The U.S. does not officially sanction political assassination, despite what the CIA may be doing abroad. We're even going to give Saddam Hussein some semblance of a trial. If we ever find Osama Bin Laden, believe that he will also be given a very public trial . . . and then executed. Certainly Ariel Sharon is not dumb enough to believe that killing the leader of Hamas will completely destroy the organization -- if anything, it's further substantiated their quest to bomb Israelis. And then the Palestinians will revolt, Israel will move in with (U.S.-supplied) tanks, blow some people up, and the Palestinians will respond with suicide bombs. Is this Sharon's idea of progress? No, but after the intifadas that will follow this assassination, it will give Israel more justification for moving further into supposed Palestinian territory.

March 23, 2004

Iraq, a year later

A year after the beginning of the war in Iraq, it’s been asked whether or not the world is a better place, the U.S. is safer, the Middle East is safer, and the war was a good idea to begin with. The House of Representatives passed a resolution stating that the U.S. is safer than it was a year ago, but House Democrats objected to the resolution and voted against it. We’re not safer, they say; we have given a lot of angry young Muslims even more of an excuse to attack the United States than they had a year ago. So the question remains: was the war a good thing?

“They Hate Us for Our Freedoms”

This rhetoric continues to be spouted by House Republicans who insist that this is a battle over freedoms and ideals. The only reason we’re being attacked, they say, is because they hate our freedoms. Let’s examine that statement. If they hate us for our freedoms, then they are either 1) jealous of our freedom and want to pull us down to the same level they are (one can imagine a Snidley Whiplash character in Iraq preening his moustache and saying, “Those rotten Americans and their freedoms! I’ll show them!”), or 2) they don’t feel that we should have the freedoms we do. In the first case, terrorists would be incapable of creating freedoms on the same level as ours, and they know this, so they attack us out of spite. This proposition is patently ridiculous, for we know that there are plenty of countries in the world that don’t enjoy the same level of freedom the United States does (freedom of speech, religion, the press, as well as other institutions like our court system and suffrage rights) that don’t attack us. This is not a case of “sour grapes,” where people who don’t have the same privileges we do attack us so that we will no longer have those privileges. That’s a very simplistic analysis of the situation. If they were jealous of our freedoms, then they would be better off putting their creative energy into getting those freedoms than attacking us. The other option, that they don’t feel we should have the freedoms we have, is equally simplistic. Why would terrorists care about our freedoms? Why would they care about whether or not we ought to have freedom of speech or the press? A tremendous amount of creative energy goes into terrorism; do they care so greatly about ensuring that we are deprived of particular freedoms that they spend the kind of time that goes into terrorism merely to deprive us of liberties?

The reason terrorists attack people is not because they “hate them for their freedoms” as George W. Bush and other hard-line, demagogical Republicans (and even some confused Democrats) would have us believe. Terrorism is practiced to achieve a political end – this is why, whenever there is a terrorist attack somewhere in the world, a particular group immediately claims responsibility. The message is, “We did this, and we will keep doing this unless you meet our demands.” It’s extortion on a national scale – like taking hostages, except you kill the hostages. Terrorism is the last means of diplomacy for a marginalized group. Terrorists are not affiliated with a government, otherwise we would call their actions “war.” Let’s look at a non-Middle Eastern example of terrorism to get a better perspective on why terrorists operate.

For forty years, the people of the United Kingdom lived in a state of fear because the Irish Republican Army routinely bombed targets in England, Ireland, and Northern Ireland. The IRA had a single goal: it wanted the English and the Protestants (“Protestant” being a shorthand word for “English”) out of Northern Ireland, which had been an English colony in the 17th century and became part of the United Kingdom in the Act of Union of 1800. Since the 17th century, the Irish had wanted the English out, and had fought with them tooth and nail, but they had always been squelched by the more powerful English armies. Finally, in the 20th century, the IRA took to attacking civilians. Terrorists move the battle from the sphere of diplomacy into the sphere of public opinion, attacking the people whom the government that is repressing them represents. “You had better get your government to give us what we want, or we will continue attacking you” is the message to civilians; to the government, the message is, “We will continue attacking the innocent civilians until you meet our demands.” Civilians are attacked because the group is usually too small to face a professional army. In the case of the IRA, it had dealt with English forces before and lost, so it took its battle from the battlefield to the civilian world – the streets of everyday life where the odds were a little better that they and their cause would be recognized before they were shot.

Why, then, would Muslim extremists hate America? What would they want to change? Terrorists don’t attack for attacking’s sake; unlike fanatical generals (Napoleon or Hitler come to mind) of states, they are not after power; they want something to be done. The United States is unpopular in the Middle East largely because of our support for Israel. We give the Israelis millions of dollars a year in foreign aid as well as military technology. Whenever the Israeli Air Force blows up the village of a suicide bomber, that’s an American plane doing the bombing and American missiles doing the blowing-up. The whole issue of Israel was unpopular with Middle Eastern countries back in 1948, who felt that the Israelis – with the help of the United States, Britain, and the United Nations – stole a chunk of land in the Middle East that didn’t belong to them. They then proceeded to kick out the Arabs who lived there and slowly took over more land in 1967 and 1973. (1967 was the Six-Day War, where Israel captured the Old City of Jerusalem and the Golan Heights destroyed the Egyptian Air Force while it was still on the ground. 1973 was the Yom Kippur War, a preemptive strike against what Israel felt were the amassing forces of Egypt and Syria.) Egypt used to be Israel’s number one enemy, but that ended in 1979 with the Camp David Accords. Now the Palestinians are Israel’s number one enemy, and most Arabs land on the side of supporting the Palestinians. Fanatical Arabs go the extra step of attempting to hurt the Israelis and their supporters, the United States being the big supporter.

Then came the war in Iraq. This war was regarded by practically every country as a preemptive war with no justification. Though the governments of Great Britain and Spain remained behind us one hundred percent, the people vehemently disagreed with the decision to back the United States. In Spain, I saw graffiti which read, “Aznar = Franco / Bush = Hitler.” That can be construed as meaning a lot of things, but support for the war is not one of them. As Howard Dean pointed out two weeks ago on Meet the Press, the “coalition of the willing” consisted of three major countries – Britain, Spain, and Poland – and a whole lot of other minor countries. Europe has seen a lot of war in the 20th century. I don’t think Americans understand that. If we want to see the memories of a war, we can go to a Civil War battlefield or to Washington, D.C. and visit a lot of monuments. The Civil War is far enough away that its memories no longer linger, and Washington, D.C.’s memories have been anodized for your protection (except for the Vietnam Veterans Memorial, as it should be; it was America’s first brush with solemnity regarding death in battle, as opposed to its exultation). In France, you can walk down the street and see a World War II cemetery. Normandy is a giant graveyard. The battles of World War II took place for us a continent away, somewhere “over there” (as the song goes) where we didn’t have to worry about it. The French, Germans, Russians, and British had war going on in their backyards. Their cities were the settings for war. The Europeans know – perhaps better than we do – the price of war, and they’re not about to get involved in one unless they’re absolutely sure that they have to. In this case, they didn’t feel that they had to.

What had Saddam done to them lately? Not much. He was no Hitler, that’s for sure. Saddam had no aspirations of extending his power and creating an empire. Hitler wanted to be the next Napoleon; Napoleon wanted to be the next Alexander the Great. Saddam had none of this going for him. He was content to rule his country and oppress his minorities like many other countries around the world in which we don’t intervene. He killed civilians? So did Pol Pot; so did Mao Tse-Tung; so did Stalin; so did Franco, Idi Amin, and Slobodan Milosevic. Of that group, only Slobo has been arrested and tried for his crimes. And the only reason for that is because his war crimes were going on so close to the Europeans that they couldn’t ignore them any longer (despite the EU’s best attempts to ignore Yugoslavia, it was Bill Clinton and NATO that finally did something about it).

Bush tried to make a case for a link between Saddam and Al-Qaeda. No such luck. There was no link. Osama bin Laden was the leader of a radical Muslim group in Afghanistan, while Saddam was a good, old-fashioned dictator who happened to be Muslim. It would be like suggesting that Iran and Iraq should be friends because they’re both countries predominantly populated by Muslims. History would show otherwise: the two countries despise each other, in part due to theological differences, but also because they fought each other for ten years in the Iran-Iraq War (in which the U.S. backed both sides, by the way).

Failing to link Saddam to September 11th, that great bloody shirt, he knowingly misused CIA intelligence data to suggest that Iraq was obtaining uranium from Nigeria. Wrong again; this report had been falsified and the Bush administration knew it, but Bush incorporated this statement into his State of the Union Address, anyway.

Saddam was not the “imminent threat” that he was purported to be. He was like any other world dictator whom we don’t attack. What makes him different from Kim Chong-Il, Idi Amin, or Robert Mugabe? That remains to be seen. People have asked, but the administration hasn't talked.

Are We Safer Now?

Despite the intentional misuse of intelligence (we would call this “actual malice” if it were a libel case – information was knowingly misused), the outcome is good. The world has been rid of a dictator, and that is always good, in and of itself. But this means that we must go after other dictators or risk being labeled hypocritical and jingoistic. It looks like we’re not going after anyone else, so it’s the latter. Whereas Arab countries hated us before due to our support for Israel, now they have something else to hate us for: the invasion of Iraq. Iran and Syria, both nearby countries, expressed fears that they were next. President Bush went to great lengths to assure them that we were not going to invade them next, but that’s small assurance for an administration that is famous for its lies and backpedaling. If we were trying to take out a loan at the Bank of World Opinion, our credit rating would be in the negative digits. That’s exactly what we did in Iraq: we borrowed against our status as a superpower nation and lost.

Immediately after we won the war, Iraq’s prospects went up. Dictator gone = good, right? Not so fast: no one predicted the daily barrage of terrorism and anti-American sentiment that now fills the country. The French and British won World War I, but lost the peace. It will be so with Iraq, as violence increases in that country. We are invaders that have destroyed their way of life, they say. Since the U.S. wrote their constitution, there may be doubts as to its legitimacy. We have done away with one set of problems in Iraq only to watch a new storm roll in – the storm of transition and uncertainty.

The war in Iraq was flawed to begin with. Donald Rumsfeld asked for fewer troops than were needed, and now we are watching American soldiers die – not in combat, but in being police. We have pushed back the timeline for handing over control to the Iraqis to June 30, well before the presidential election in November. The headline “5 more killed in Iraq terrorist attack” doesn’t bode well during election season. The French and British didn’t spend enough time in Germany rebuilding the place after World War I, and the Germans, angry and humiliated, came back for a second round. Iraq will be the same way. We want to get out of there as fast as we can, not realizing that what we’re doing is nation-building and that nation-building takes time. More so in Iraq than Germany after World War II, since Germany already had the democratic institutions in place; in Iraq, we must build them from scratch.

In the end, I don’t think we are safer than we were a year ago. The recent bombings in Spain prove that: countries who signed on to our actions in Iraq are being punished and told to get out. The new government in Spain, headed by PSOE (Partido Socialista Obrero Español, the Spanish Socialist Workers Party) is going to play into the terrorists’ hands and remove its troops. This sends the wrong message to the terrorists; namely, that terrorism works. If we’re going to get involved in actions like Iraq, we must be prepared to stay there and fix the problems that existed before, as well as the ones we created. Otherwise, we run the risk of having Iraq backfire on us and turn into not only a dictatorship, but one that vehemently hates the United States for what we did to it.

March 22, 2004

Pledge of Allegiance, part II

In October, the U.S. Supreme Court granted a Writ of Certiorari to the case Elk Grove Unified School Dist. v. Newdow, the famous case from two summers ago in which the Ninth Circuit Court of Appeals ruled the Pledge of Allegiance unconstitutional. The argument will take place on March 24. Upon granting the Writ of Certiorari (which means that the Court agrees to hear the case), the Supreme Court outlines key issues with which the case deals. These are called "Questions Presented," and Newdow presents two of them:


1. Whether respondent Newdow has standing to challenge as unconstitutional a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance.
2. Whether a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violates the Establishment Clause of the First Amendment, as applicable through the Fourteenth Amendment.

With regard to the first question, the Court will probably rule that a teacher in a public school cannot be compelled to recite the Pledge of Allegiance. The second issue is trickier, and I have no idea how the court will rule. Either way, someone is going to be very unhappy. If the court rules in favor of Newdow, it will be all the more cause for House Republicans (and some Democrats) to pass their lunatic bills stripping the Supreme Court of any kind of power at all. It will cause religious people everywhere (Jews have also jumped on board in defense of the school district, as have Muslims, I suspect -- it's all the same god to them) to raise a gigantic stink about atheism and the loss of morals in contemporary America.

The following are links to the Reply Brief for the United States, the Respondent's [Newdow's] Brief, the Reply Brief for Elk Grove Unified School District, and the original opinion from 2002 (also called Newdow v. U.S. Congress, et al., 00-16423). Note that the Justice Department filed an amici curiae ("friend of the court") brief on behalf of the school district.

March 19, 2004

Gays, 'Brown v. BOE' and the worst letter to the editor ever

My local newspaper, which has a penchant for publishing the stupidest letters to the editor imaginable, actually wasted ink this morning on a missive called "Same-sex unions are not a ballot issue."

In case you have been living under a rock for the last three months, or in case you routinely attempt to ignore all non-Super Bowl news coming out of Massachusetts, the question being asked here is whether the state should even vote on amending its constitution to define marriage as a man and a woman only (i.e. no gay marriages, or at least none actually called "marriage").

No matter what your beliefs on this issue, you must agree that this is one of the most poorly reasoned arguments in favor of gay marriage:

This idea of letting the voters decide whether or not to allow gays to marry is ridiculous. Imagine if we had decided to have the issue of whether women should be allowed to vote decided by a ballot referendum. All the men are voting. Why should they want women to vote? Democracy is not just hte rule of the majority, but the protection of the minority.

That's just the first paragraph. We'll stop it there and I'll take these statements in turn.

1. We (I am a Massachusetts voter) are not being asked to decide if gays can marry. We are being asked to decide if men can marry men and women can marry women. Gays have always been free to marry any member of the opposite sex, subject to the same terms as straights.

2. Women were granted the right to vote by a series of legislative (not judicial) actions. First, at the state level, women were granted this right by their state constitutions and/or Legislatures (Wyoming's being the first; hence its nickname, "the equality state"). Then, at the Federal level, in the 19th Amendment. These were actions of legislatures, ballots and constitutional conventions; no judges were involved.

2a. And for the record, the only voters involved in the decision to grant the franchise to women were men. By the same token, rights for blacks were secured by the votes of whites. That doesn't make it right, but it is history.

3. Actually, "democracy" is "the rule of the majority." That's why the ancient Greeks described it as a flawed system. And that's why we have a constitutional republic, to protect us from the excesses of democracy. While the protection of minorities from the "tyranny of the majority" may be fundamentally American, it is not perfectly democratic.

The people suggesting voters be allowed to decide on this issue know that a vote will work in their favor, that is, that gay marriage will be illegal. The only people who care enough about this issue to go vote are gays and the people who want to oppress them, and there are more of the latter.

That's the second paragraph. I take exception to the notion that the only voters in a statewide referendum will be "gays and the people who want to oppress them." I do not consider myself to fit into either of that category, although I presume that in this writer's crazy world I count as an oppressor because I believe "gay marriage" should be called "civil union."

Still, it's sad that this person thinks that in Massachusetts, there are no straight people who will vote for "gay rights." Has the writer ever been to Provincetown? Northampton? Boston? Any college campus? Many of my (straight) friends here are taken aback by my stance on this issue because we know so many good, upstanding gay people whom we would never dream of "oppressing."

There may be more votes opposed to gay marriage than for it, but I wouldn't take a bet on that. Especially because even I am wary of "writing discrimination into the constitution," as the lobbyists continually remind us this is.

I personally don't see anything wrong with gay marriage, and I don't think it's any of my business, but I don't feel so passionately about the issue that I would go out to vote on it or campaign for the issue.

Contradiction: you won't campaign for the issue, yet here you are writing a letter to a large-circulation newspaper about it.

What we see here, really, is that this writer (whom I will not name) is willing to condemn the state Legislature while at the same time saying it's not worth voting on this issue.

In fact, I don't understand why straight people are so upset about gays getting married, it has nothing to do with them. The place for government is not to limit or dictate personal rights, and neither is this the place for ballot measures.

This is the closest to a decent argument that we get. I can only say that it is the business of every voter when judiciaries are changing the meanings of words around.

The obvious response is, of course, that in Brown v. BOE the judiciary said "separate is not equal," and such. That, in fact, would not have been a bad argument for this writer to make.

A distinction that should be made: in Brown v. BOE, the court had behind it three constitutional amendments (13, 14, 15) that were passed for the explicit purpose of ensuring that racial minorities are afforded the same rights as whites.

The Mass. SJC (Supreme Judicial Court), on the other hand, ventured into new territory without any such sanction by any Legislative or popularly elected body in the state. That is "activism." --MB

Yipes

Holy crap! Congress is once again attempting to take control of the government in what I would consider an unprecedented attempt to remove the ability for the judicial branch to do anything that Congress disagrees with. I first reported to you the bill that would allow Congress to override court decisions which affected acts of Congress. That was bad enough. But out of the House (and Senate!) comes H.R. 3799, "The Constitution Restoration Act of 2004." Don't be fooled; the title means "take powers away from the so-called activist judges and allow partisan politics to delve into the judiciary so that whatever party runs Congress will run the judiciary and then destroy the country" Act of 2004.

The bill prohibits the Supreme Court from reviewing any matter where relief is sought "against an element of Federal, State, or local government, or against an officer of Federal, State, or local government (whether or not acting in official personal capacity), by reason of that element's or officer's acknowledgement of God as the sovereign source of law, liberty, or government." Okay, that effectively takes care of the Ninth Circuit Court's case from two years ago when they ruled the Pledge of Allegiance unconstitutional.

Next: "In interpreting and applying the Constitution of the United States, a court of the United States may not rely upon any constitution, law, administrative rule, Executive order, directive, policy, judicial decision, or any other action of any foreign state or international organization or agency, other than the constitutional law and English common law." Okay, so past Supreme Court decisions are out (this is the doctrine of "precedent," which is, ironically, the foundation of English common law). All Supreme Court case law is out the door, which means that the doctrine of judicial review (established by the case Marbury v. Madison) is out the door, too: the courts are powerless to stop Congress.

What about the "activist judges"? They're gone; if they attempt to circumvent Congress by citing prior case law, that constitutes "an offense for which the judge may be removed upon impeachment and conviction; and a breach of the standard of good behavior required by article III, section 1 of the Constitution." This bill effectively neuters the courts and gives Congress full reign to do whatever it pleases.

But this isn't the first time that Congress has tried to reign in the judiciary:

Marshall's decision regarding Marbury spurred the Jeffersonians to seek revenge. Jefferson urged the impeachment of an arrogant and tart-tongued Supreme Court justice, Samuel Chase, who was so unpopular that Republicans named vicious dogs after him. Early in 1804 impeachment charges against Chase were voted by the House of Representatives, which then passed the question of guilt or innocence on to the Senate. The indictment by the House was based on "high crimes and misdemeanors," as specified in the Constitution. Yet the evidence was plain that the intemperate judge had not been guilty of "high crimes" but only of unrestrained partisanship and a big mouth. The Senate failed to muster enough votes to convict and remove Chase. The precedent thus established was fortunate. From that day to this, no really serious attempt has been made to reshape the Supreme Court by the impeachment weapon. Jefferson's ill-advised attempt at "judge-breaking" was a reassuring victory for the independence of the judiciary and for the separation of powers among the three branches of the federal government. (Thomas A. Bailey, et al., The American Pageant, 11th ed. [Boston, Houghton Mifflin, 1998], p. 217.)

Until now. Brown v. Board of Education was called "activist" in its day. Imagine if this particular law had been passed in 1955. Where would the civil rights movement be? And what's all this talk about Republicans caring about individual liberties and states' rights? It's been washed down the sink by the most vile partisan politics I've ever seen in an attept to completely circumvent the Constitution and do exactly what the Constitution was designed to forbid: unpopular ideas being squelched by a majority. Fortunately, the names attached to this bill aren't big ones, so this bill will probably die a quiet death once the judiciary committees stop laughing themselves silly about it. But still -- these people write this stuff in the name of democracy. Imagine what they would do in the name of tyranny!

(I first saw information about this bill on the website ConservativePetitions.com, which looks like it's run by a bunch of extremist loonies, anyway. Take a look at some of their petitions. Go on! I dare you!)

March 16, 2004

Miscellany: The software knows!

A few months ago, my roommate Matt got Adobe Photoshop CS and was delighted with it; as a graphic designer, he loves the newest version of anything Adobe produces. He tried to scan an image of US currency so he could photoshop it, but met with problems; it wouldn't work. Why not?

Unbeknownst to practically anyone, Adobe inserted anti-copying technology into the latest version of Photoshop which prevents it from opening images of US or European currency. The anti-copying device runs constantly, checking each image that is opened to see whether or not it is US or European currency (an algorithm checks for the existence of a five-dot pattern on the currency). This is scary stuff. Then I found an article on Slashdot which talks about this technology pervading other places. Apparently, newer HP printers won't print images of currency. An exasperated Slashdot forum reader wondered at what point CD burners would have DRM built-in to prevent them from copying protected media. In much the same way that DVD makers have decided what we may do with the product we purchased, so, too are software manufacturers doing the same thing.

On a totally different note, I was uninstalling spyware from a computer the other day, and the spyware generated a number-picture that I had to confirm in order to uninstall the software. It's the same kind of thing that Yahoo! or Hotmail uses: it asks you to tell it what word you see to prevent advertising robots from signing up for free accounts; only humans can read the text in the picture. Only this was the spyware that was defending itself from being automatically uninstalled by Ad-Aware or Spybot. The software is fighting back! It's becoming more powerful! Scary stuff. And it angers me that the spyware people are going to great lengths to prevent you from uninstalling their crap that you never asked for in the first place.

Drop that MP3!

I don't know how I got on WinXP News's mailing list, but I'm glad I did. The lastest edition came to my inbox (Hotmail, of course) with a startling article out of the European Union. BBC News reports that the EU just signed a directive giving copyright holders sweeping new powers to prevent "intellectual property rights." Though the directive doesn't specifically target music or software piracy, those things are encompassed; counterfeiters and copiers of any sort of copyrighted property face stiff sentences.

But that's not the scariest part. The article reports, "The directive allows companies to raid homes, seize property and ask courts to freeze bank accounts to protect trademarks or intellectual property they believe are being abused or stolen. Civil liberty and lobby groups feared that the music industry will also use the law to mount raids on the homes of people who swap songs via file-sharing systems such as Kazaa." Whoa! Raids? By private companies? We're that much closer to the future horror of Johnny Mnemonic (which was not only horrifying because of the corporate control of the state, but also because of Keanu Reeves and Ice-T).

How did this directive get through? Answer: "The European law was shepherded through the European Parliament by MEP Janelly Fourtou, wife of Jean-Rene Fourtou who is boss of media giant Vivendi Universal." Ho-ho! I guess it pays to have your hand in the EU Parliament jar when you're the president of one of the largest media companies in the world.

The European Union is a nasty place. In some cases, it fights tooth-and-nail against businesses (like Microsoft), but in this case, due to some back-patting, it has sided with business. I wish it would make up its mind.

March 15, 2004

Spanish steel

So El Mundo is reporting today (actually, as I write this, tomorrow) that the Socialists have won a tremendous upset. The primary upshot of this, to the American ear, is PM-apparent Jose Luis Rodriguez Zapatero's promises to make Spain "more European" and to withdraw troops from Iraq by June 30.

Up until now, Spain has been one of those countries that George W. Bush liked to lean on to show that we were truly running a multilateral force in the Gulf. Lame-duck PM Jose Maria Aznar, who was set to retire anyway, was one of America's staunchest allies against loudest criticism at home -- perhaps louder than the criticism that British PM Tony Blair faced. Nonetheless, his Popular Front (conservative party) was supposed to win re-election, according to pundits.

Instead, Zapatero's party was elected only three days after the "3/11" attacks on Madrid commuter trains killed 200 people and injured 1,500. The attacks are now widely believed to be the work of al-Qaida.

Spaniards rightly protested the attacks, which many at first thought were the work of ETA, the Basque separatist movement which has used terrorism to campaign for an independent state in northern Spain. Some also protested the National Front government, though, alleging that Spain's support of the U.S. War on Terror had provoked the attacks.

It did. But it is very, very sad to see terrorists actually win. No matter what was the cause for Zapatero's election -- and I'm no expert on Spanish politics; this might have happened anyway -- this vote will be seen worldwide as a nearly unprecedented ballot victory for terrorists.

Whereas 9/11 galvanized American support for President Bush and his anti-Terror initiatives, making him more popular than ever before (or ever since) it now appears as though Spain's version of the World Trade Center attacks has only succeeded in crippling the very politicians who were fighting against terrorists.

I hope I am wrong, but this appears to point toward a deep divide between the American and the European mentality. If someone attacks the United States, by golly, we Americans will stand together and stamp out that evil aggressor. If someone attacks a European country, well ... are we sure we did not invite this upon ourselves? Maybe we should scale back our foreign adventures so the terrorists won't hate us.

I do not wish to suggest that Jose Q. Public, or even Jose Zapatero, is a tool of the terrorists, or that Spain has consciously voted to advance the most fundamentally evil perversion of debate. But one cannot ignore the fact that the only reason for 3/11, if indeed it does turn out to be Muslim extremists (al-Qaida or otherwise) will have been to break up the "Coalition of the Willing." By electing Zapatero, Spanish voters have granted those terrorists a victory.

March 12, 2004

Take that, 'activist judges'!

There's good news for all you conservative folks who feel that the Supreme Court has consistently ruled on the side of tree-hugging, liberal, activist, baby-killing, pot-smoking hippie freaks (and that's just the Kennedys). Rep. Ron Lewis of Kentucky introduced H.R. 3920 on March 9 "to allow Congress to reverse the judgments of the United States Supreme Court." The bill would allow Congress to overrule a Supreme Court decision made on an Act of Congress. The procedure would be the same as the procedure for overriding a presidential veto (2/3 of each house of Congress would have to pass the measure).

Wow. Well, maybe not "wow." As William F. Buckley would say, the Supreme Court's ability to override Acts of Congress is "evidentiary, not substantive." This means that the doctrine of judicial review, first articulated by Chief Justice Marshall in Marbury v. Madison, was interpreted to exist; it is not explicitly mentioned in the Consitution that the Supreme Court has such a power. Marshall reasoned that if an Act of Congress violated the Constitution, then it was the Constitution that should come out on top. Otherwise, he said, the Consitution is not a supreme, transcendent set of laws; it's just a regular, ordinary, everyday set of laws. Who, then, would uphold the supremacy of the Constitution? The Supreme Court, apparently, since its job is to arbitrate the dispute between a federal law and the Constitution.

Let me take that back. Definitely "wow." Judicial review is the only check that the Supreme Court has on Congress, and so it should be. Perhaps lower courts frustrate Congress by declaring certain things unconstitutional, but the Supreme Court needs that power. More often than not, the Supreme Court is correct in its decision-making. Its Justices are probably the most objective people in the country. They are not elected, so they have no constituency to pander to. They are not elected, so they have no need to play to a particular group or a party. They are the only people in the federal government whose sole job is to uphold the principles of the Constitution; they spend no time on trying to get re-elected, because they don't have to (by contrast, as much as 75% of a Congressman's time can be spent on ensuring that he'll be reelected). I would hate to see the judicial branch of government drawn into the mire of ugly, ad hominem partisan politics in which Congress exists now.

March 10, 2004

Hold the abstinence, please

Here's a good read for the Bush administration. CBS News reports that teenagers who pledge "abstinence only" have a statistically similar STD rate as opposed to teenagers who do it with frequency. And -- here's the kicker -- "The problem, the study found, is that those virginity 'pledgers' are much less likely to use condoms. " Could that be because they don't know their options? It's possible. But let's read further.

The end of the article provides some miscellaneous statistics about people who pledge abstinence versus those who don't: "59 percent of males who did not pledge abstinence used a condom during sex; only 40 percent of male pledgers used a condom. 28 percent of female non-pledgers were tested for STDs in the previous year, compared to 14 percent of female pledgers. 99 percent of non-pledgers and 88 percent of pledgers have sex before marriage."

In light of these findings, I think that we must abandon sex education in favor of the more effective abstinence-only method.

Melting pot, salad bowl

My local newspaper carried an editorial yesterday morning slamming Harvard political scientist Samuel P. Huntington's forthcoming book, as did no less an authority than The Economist, in a column last week. Huntington's book Who We Are should cause astir when it is released in May.

The premise, according to press reports, is that the current Latino immigration, unlike previous arrivals from Europe, is not integrating into mainstream America. While this does seem at first blush to fit into the "Ivy League professor brilliantly states the obvious" category, both newspapers argued that his conclusions are false.

"Lexington," one of The Economist's famed unsigned columns, makes the argument in the March 4 issue that Latinos are, in fact, becoming mainstream. While the highly visible first generation continues to speak Spanish and even travel back to Latin America to vote (Mexican dual-citizens can do this), younger Hispanics, born or raised in the U.S., feel less of a connection with the "old country."

The difference, Lexington maintains, is that the first generation's ties to "the old country" are heightened in an age when television and the Internet are shrinking the world and in the geographical reality that unllike the Irish or Czechs of immigrations past, many Latinos in Southern California, Texas, etc., are only a few hours' drive away from the land they fled.

Nonetheless, Lexington backs up his (or her) claim by noting that Latino children and young adults see themselves as Americans first, Guatemalans (or whatever) second.

The Worcester (Mass.) Telegram & Gazette made a different case in a March 9 editorial, basically denying that a "melting pot" ever existed. Because the T&G requires a 60-cent-per-day toll for nonsubscribers to access its site, here's a free taste of what they said:

... History suggests it is risky to predict that America as we know it is in danger of being culturally submerged by newcomers. For more than two centuries, immigrants representing hundreds of national, ethnic and religious groups have assimilated, but, thankfully, have not disappeared. The melting pot contains not a homogenized "American" puree, but a stew of diverse, distinct and mostly complementary flavors -- as the cultural richness of communities such as Worcester attests.

That's one way of looking at diversity, and in fact it's the one that was in vogue in the fairly liberal school district in which I was educated. But it's not a melting pot; it's what we called "the salad bowl" -- a meal to be taken as a unit, but you surely can pick out the individual croutons, lettuce leaves, tomatos and carrots just as distinctly as you can pick out the individual Britons, Argentinians and Russians at a meeting of the U.N.

In the true melting pot, it comes as a revelation that John Kerry is not really Irish, because we're so used to seeing Irish-Americans who act and talk, well, like Americans. Because of the factors that Lexington (and, we are led to believe, Huntington) mentioned -- proximity to the old country, advances in international communication -- substantial numbers of Latinos SEEM TO see themselves as Hispanics first, Americans second.

Two questions arise that, in my mind, make or break Huntington's hypothesis, which is that the "melting pot" is not working for Hispanics. One: is Lexington right? Is the integration of Hispanics into mainstream American culture farther along than it seems? Two: did the Irish, Czechs and others really integrate into American culture as readily as we seem to think? In other words, is it NORMAL for a group to assert its separateness prior to being fully assimilated?

I don't have the answers, but Huntington is a guy I'm willing to trust to a certain extent. In 1993, he wrote a brilliant book, The Clash of Civilizations, which I recently read. Recall that in '93, we had just finished the Cold War and most everyone expected a Pax Americana and the democratization of just about everyone else.

This, of course, did not happen, even though there was no great ideological conflict (as had existed between Russia and America prior). Communism was dead, but conflict continued. Why?

Huntington's hypothesis was that in the post-Cold War world, conflicts would arise at "civilizational fault lines" -- that is to say, places where distinct religious and ethnic groups meet. He was criticized for singling out the Muslim world as a probable source of many of these conflicts, but the history of the 2000s seems to be bearing him out.

He fears, according to the T&G editorial, that America will become a "two culture" nation, which they say has happened in nearby Canada. This is at once a clear analysis of what should be one of Huntington's great fears and a disservice to his ideas.

To have a cultural fault line running through your own country is probably the worst-case scenario, under Huntington's Clash of Civilizations logic. Iraq is seeing this with its Kurds; Russia is seeing it with its Muslim enclaves, like Chechnya. But to call Canada's French-English divide a "cultural fault line" doesn't make sense; sure, they eat more baguettes in Montreal than in Moose Jaw, but the divide in Canada is more linguistic than anything else. Both France and England are members of "the West," a unified cultural history that draws on Greek, Roman and Enlightenment, among other, sources.

On the other hand, Latin America -- source of the immigration to the U.S. -- is sometimes counted as culturally distinct from "The West." South and Central America missed out on the 20th-century economic boom of North America and Europe. Immigrants to the U.S. come from countries that are poorer, less educated and more religious, on average.

If Huntington is right, there are indeed profound implications. We might see a large-scale cultural shift, the likes of which we haven't seen since the 1960s and the rise of the Baby Boom generation.

March 9, 2004

Open-source club sandwich

For those of you not privy to the fascinating news of technology today, I bring to you the following.

In the 1990s, computer programmer Linus Torvalds combined elements of the UNIX operating system with elements of his own design to create the operating system phenomenon called Linux today. Linux is infinitely more stable than any Microsoft product, but that's not why it's so popular (and controversial). Linux was the first example of "open-source" software: software whose source code was made publicly available online. Hundreds of people from around the world helped write Linux, and this is considered one of the reasons why it's such a secure and stable operating system: so many people were involved in testing it and re-testing it. But that's not important right now.

Linux, which is available for free (although some companies like RedHat make super-special modifications and offer it for retail sale), is used on a lot of servers around the world and by many companies. SCO Group, Inc., the company that created UNIX, is now suing the companies that use Linux, alleging that, since UNIX is an integral part of the Linux operating system, they deserve licensing fees. SCO demands that companies using Linux pay $700 for each server using the operating system, or suffer the legal consequences. AutoZone and DaimlerChrysler are among the companies that have been sued, and Forbes reports that Computer Associates International, Inc. has said that it will license the software from SCO. This runs totally contrary to the spirit of Linux, which is that of a free and open operating system.

March 8, 2004

A popular misattribution

This comes courtesy of The Phrase Finder:

"'I disapprove of what you say, but will defend to the death your right to say it.'

"A remark attributed to Voltaire, notably by S.G. Tallentyre [a nom de plume of E. Beatrice Hall] in The Friends of Voltaire (1907). But Tallentyre gave the words as a free paraphrase of what Voltaire wrote in his Essay on Tolerance: 'Think for yourself and let others enjoy the privelege to do so, too.' So what we have is merely Tallentyre's summary of Voltaire point of view.

"Then along comes Norbert Guterman to claim that what Voltaire did write in a letter of February [6,] 1770 to a M. Le Riche was: 'Monsieur l'Abbé, I detest what you write, but I would give my life to make it possible for you to continue to write.' So, whether or not he used the precise words, at least Voltaire believed in the principle behind them.

"From Brewer's Quotations (1994) by Nigel Rees."

March 4, 2004

How secure is 'secure'?

Bruce Schenier writes in this month's Wired, "Security always involves compromises. As a society we can have as much protection as we want, as long as we're willing to sacrifice the money, time, convenience, and liberties to get it. Unfortunately, most of the government's measures are bad trade-offs: They require significant sacrifices without providing much additional safety in return. And there's far too much 'security theater' -- ways of making people feel safer without actually improving anything." He also notes, "Many of the security measures we encounter on a daily basis aim pinpoint the bad guys by treating everyone as a suspect."

Whenever I go through an airport security checkpoint, I feel like I'm trying to prove I'm not a terrorist. And given horror stories (not apocryphal, but true) about the power that TSA has to detain you without letting you notify anyone -- including a lawyer (the key, you see, is that you haven't been charged with anything) -- I thank my lucky stars I'm white and not subject to scrutiny that others might be ("he doesn't look like a terrorist . . .").

March 3, 2004

Another sticky situation

This time out of California. In Catholic Charities of Sacramento v. Superior Court of Sacramento County, the California Supreme Court has ruled that Catholic Charities, Inc. must include birth control in its health care plan. Before all y'all start railing about California liberalism, consider the following:

California enacted the Women's Contraception Equality Act (WCEA), which indicates when employers must cover prescription contraceptives. It was enacted "to eliminate gender discrimination in health care benefits and to improve access to prescription contraceptives," since women spend much more (68% more) in health care costs, due in large part to the cost of prescription contraceptives and other womanly stuff.

Catholic Charities, Inc. is a private institution that is affiliated with the Catholic Church. It is not compelled by anyone to provide prescription drug coverage; however, part of its employee health plan includes prescription drug coverage -- but not for oral contraceptives. The Catholic Church vehemently opposes contraception of any kind. Its official stance on the issue is that sex is for procreation only and that any use of contraception is a sin since it prevents the possibility of a human life being created. Okey-dokey.

So the Catholic Church doesn't have to provide contraception to its employees. What about Catholic Charities, Inc.? WCEA permits a "religious employer" to request exemption from providing contraceptives if such a thing runs contrary to that religious employer's religous beliefs. The California State Supreme Court ruled that Catholic Charities, Inc., though affiliated with the Catholic Church, is not itself a "religious employer." Why? WCEA lists the four criteria for being a religious employer:


(A) The inculcation of religious values is the purpose of the entity.
(B) The entity primarily employs persons who share the religious values of the entity.
(C) The entity serves primarily persons who share the religious tenets of the entity.
(D) The entity is a non-profit organization as described in Section 6033(a)(2)(A)i or iii, of the Internal Revenue Code of 1986, as amended.

Catholic Charities is independently operated but says it is "operated in connection with the Roman Catholic Church of Sacramento" and is "an organ of the Roman Catholic Church."

Next question: does it meet these criteria? It is a non-profit corporation. It readily admits, though, that (1) it is not devoted to the inculcation of religious values, (2) it does not primarily employ Roman-Catholics, and (3) a "significant majority" of the people it serves are not Catholic. Thus, it is not a "religious employer."

Yet, Catholic Charities would like to remain true to its Catholicism and not endorse contraception. The question here is who benefits, and why. A church is a group of people with similiar beliefs. The members of the Catholic church all hold the belief that contraception is a sin. Is Catholic Charities a church? No. It is a private organization affiliated with the Catholic church. The people who work for it may not necessarily be Catholic (which CCI admits); they do not hold common beliefs. A health care plan is in the interests of the employees. The case notes, "This case does not implicate internal church governance; it implicates the relationship between a nonprofit public benefit corporation and its employees, most of whom do not belong to the Catholic Church. Only those who join a church impliedly consent to its religious governance on matters of faith and discipline." This case quotes United States v. Lee (455 U.S. 252), which held that an Amish man who operated a business could not not pay into the Social Security system, even though "he believed that payment of the taxes and receipt of benefits would violate the Amish faith." Though he himself was Amish, his business was not an Amish "religious employer."

If this is appealed, I predict that the US Supreme Court will not grant a writ of certiorari, thus upholding the California decision.

March 2, 2004

So, you want to be a priest . . .

Last Thursday, the Supreme Court proved wrong people who alleged that it was a bastion of conservatism and Reagan appointees, reminding everyone that Supreme Court justices a lot less partisan than people think (and others hope) they are. The case in question is Locke v. Davey (02-1315) and involves the use of public scholarship money for a religious degree program. Plaintiff Locke, governor of Washington (representing the state, of course), sued Davey on the grounds that Davey's pursuit of a devotional theology degree violates the state constitution. From the syllabus:


Respondent Davey was awarded a Promise Scholarship and chose to attend Northwest College, a private, church-affiliated institution that is eligible under the program. When he enrolled, Davey chose a double major in pastoral ministries and business management/administration. It is undisputed that the pastoral ministries degree is devotional. After learning that he could not use his scholarship to pursue that degree, Davey brought this action under 42 USC §1983 for an injunction and damages, arguing that the denial of his scholarship violated, inter alia, the First Amendment's Free Exercise and Establishment Clauses.

The District Court upheld the state's decision, but the Ninth Circuit Court reversed it, "concluding that, because the State had singled out religion for unfavorable treatment, its exclusion of theology majors had to be narrowly tailored to achieve a compelling state interest under Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 US 520. Finding that the State's antiestablishment concerns were not compelling, the court declared the program unconstitutional."

I assumed the Supreme Court would uphold the decision of the Ninth Circuit Court, citing that it was the student's interest at stake, not the church to which he belonged. Reading further, though, I realized that the Court, once again, made sense. The state of Washington is not compelled to fund any religion with government money. In this case, it has not discriminated against any particular religion; rather, "The State has merely chosen not to fund a distinct category of instruction." The Constitution does not forbid the government from not funding religious institutions, and the Court recognizes "devotional theology" as a degree on the track for becoming a minister. Moreover, the scholarship (called the Promise Scholarship Program) can be used by students to attend religious universities and take devotional theology classes. What the scholarship does not do is fund a student whose ultimate goal is entering the ministry, based upon the unique constitution of the state of Washington, "which has been authoritatively interpreted as prohibiting even indirectly funding religious instruction that will prepare students for the ministry." The relevant part of the Washington state constitution clearly spells this out: "No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment." Pretty cut and dry, don't you think?

But does this violate the federal constitution? Chief Justice Rehnquist, writing the majority opinion, talks about the "play in the joints" between the Establishment Clause ("Congress shall make no law respecting an establishment of religion") and the Free Exercise Clause (". . . or prohibiting the free exercise thereof") of the First Amendment. As Rehnquist puts it, "There are some state actions permitted by the Establishment Clause but not required by the Free Exercise Clause." The state's scholarship not funding a devotional theology degree does not prohibit the "free exercise" of religion (by the people themselves), but the state could just as easily choose to fund devotional theology degrees for all religions. Therefore, the state of Washington, in choosing not to fund religious programs at all, is not in violation of the federal constitution. A lack of funding for religious programs in Washington does not prohibit the people from freely exercising their religion. The state is not compelled by the federal constitution to respect religion in the sense that, if it must choose between respecting all religions and respecting no religions, it must choose the former. Not respecting any religions is not the same as respecting a particular religion; the point is moot since there is no respecting at all.