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May 26, 2004

Making rhetorical mountains

The word "liberal" is tossed around at TownHall.com like a synonym for "Nazi," "Communist," or "murderer of small puppies." Ben Shaprio, writing about the "Worst commencement speakers of 2004," trumps up the argument that liberals are everywhere, indoctrinating our children and running down our puppies with steamrollers.

First of all, Shapiro uses fuzzy math to overstate the representation of conservative speakers at college commencements. "At the 50 highest-ranked undergraduate universities (according to U.S. News & World Report), liberals overwhelmingly dominate the list of graduation speakers. Of the 40 universities where commencement-speaker information was available, 29 speakers are politically partisan. Twenty-one of those 29 -- 72 percent -- are liberal," he says. Hang on, now. "72 percent" refers to the percentage of liberals out of partisan speakers, the partisan speakers themselves (29) only representing 72 percent of the total population of colleges for which commencement speakers is available (40). This percentage of liberals is actually 52.5%, not considering the other 10 major colleges for which no commencement speaker information is available. If there is a similar percentage of liberal speakers at the other 10 colleges, then the amount of liberals at all 50 universities could still be 52%. The breakdown of speakers looks like this: liberal, 52.5%; no affiliation, 27.5%; conservative, 20%.

Look at all these "liberal" speakers! Bill Clinton? Why the hell is he delivering a commencement address? What did he ever do for America? Madeline Albright! Lani Guinier! Shapiro refers to Guinier as "Clinton Justice Department nominee Lani Guinier." This qualification is obviously pejorative and means something only to people who agree with Shapiro. Guinier has done much more in her life than be a Clinton Justice Department nominee (that's like introducing Branford Marsalis as "former Tonight Show bandleader Branford Marsalis"). Shaprio remarks, "Strangely, prominent conservative/populist media people like Rush Limbaugh, Sean Hannity, Tony Snow and Bill O'Reilly are not scheduled to speak anywhere." That's because those people have nothing important to say beyond their vitriolic partisan attacks! If Sean Hannity didn't condemn liberals in every speech, he'd have no job. The entire purpose for his being is to vilify liberals. It could be that colleges chose speakers that they felt were successful in life and could deliver an inspiring messages to students. What inspiring message could Rush Limbaugh give? "If you work hard, you too can devote your life to the hatred of an entire class of people based solely on who they vote for." Great parting words. I'm inspired.

Why did colleges choose conservative speakers like George Bush, Colin Powell, and Condoleeza Rice? Because these people have been successful; they have not spent their lives tearing other people down. College commencement speeches are supposed to be inspiring, not platforms for partisan politics. "But on campus, a day -- even graduation day -- without soapbox liberalism is a day without sunshine," writes Shapiro. I'll bet dollars to donuts he went to Google or LexisNexis to get this information, not having listened to a single one of these commencement speeches, liberal or conservative. He has no idea how politically charged these speeches are, and in his own demented mind, there are only two kinds of speech: conservative political speech and liberal political speech. There is no room for non-political speech, and there is no room for any viewpoints other than "conservative" or "liberal." (Looking up Shapiro's biography, I discovered that he's merely a senior at UCLA. I pity the poor guy, who will grow up with these crazy ideas about speech and politics, negating anything non-political, non-partisan, or beautiful that he might ever encounter in his life.)

May 25, 2004

Assorted bills now in the House

Taking a stroll through THOMAS, the online database of U.S. legislation, I happened upon the following, which are currently in the House of Representatives (links are not provided because direct links to legislation on THOMAS expire after a certain period of time):

H.R. 3633, The Ronald Reagan Dime Act: "To provide for dime coins to bear the likeness of President Ronald Reagan, the Freedom President, in honor of his work in restoring American greatness and bringing freedom to captive nations around the world."

H.R. 3674, The Financial Customer Identification Verification Improvement Act: "To amend section 5318 to prohibit the use of identification issued by foreign governments, other than passports, for purposes of verifying the identity of a person who opens an account at a financial institution, and for other purposes."

H.R. 3717, The Broadcast Decency Enforcement Act of 2004: "To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane material, and for other purposes." One of the punishments for an FCC licensee that broadcasts such material is requiring the licensee "to broadcast public service announcements that serve the educational and informational needs of children."

H.R. 3775: "To impose a ban on the importation of soybeans and soybean meal that are products of Argentina or Brazil." Free trade, indeed.

H.R. 3799, The Constitution Restoration Act of 2004: "To limit the jurisdiction of Federal courts in certain cases and promote federalism." I have written about this bill before, which would prohibit federal courts from ruling on matters pertaining to God in government. A Federal judge who does such a thing would be subject to impeachment and removal.

H.R. 3893, We the People Act: "To limit the jurisdiction of the Federal courts, and for other purposes." This one's a doozy, beginning with its title. According to the bill, Congress finds that "Supreme Court and lower Federal court decisions striking down local laws on subjects such as religious liberty, sexual orientation, family relations, education, and abortion have wrested from State and local governments issues reserved to the States and the People by the Tenth Amendment to the Constitution of the United States." The bill would prohibit any Federal court from ruling upon the relationship of any unit of government to religion, the right to privacy ("including any such claim related to any issue of sexual practices, orientation, or reproduction"), or gay marriage. A judge who violates these prohibitions would be subject to impeachment and removal.

H.R. 3920, Congressional Accountability for Judicial Activism Act of 2004: "To allow Congress to reverse the judgments of the United States Supreme Court." I have also written about this before. It allows Congress to override a Supreme Court decision that deals with an Act of Congress.

H.R. 4005: "To exempt certain animal identification information from disclosure under the Freedom of Information Act."

H.R. 4118, American Justice for Americans Citizens Act: "To ensure that the courts interpret the Constitution in the manner that the Framers intended." Because we know what the Framers intended, especially given the social changes that have happened since then. Better do something about the Thirteenth Amendment: what are black people doing not being slaves?! According to this bill, Congress finds the following: "the Federal judiciary has increasingly disregarded the will of the American people, transforming constitutional principles that were originally designed by the people to be permanent into a set of evolving standards subject to change by judicial opinion, and thereby undermining the American people's right to establish a government according to written constitutional provisions ratified by their elected representatives in constitutional convention." The Act also insists that a straw-man, "transjudicialism" or "global law" is becoming prevalent in the Supreme Court. The evidence for this goes back to Lawrence v. Texas, 02-102 (2003). Conservatives have taken this wildly out of context, suggesting that the Supreme Court wants to base its legal decisions on international law. This is not the case. Justice Kennedy wrote that many other courts around the world have followed the European Convention on Human Rights and its assertion that laws proscribing consensual sexual conduct (who may have sex with whom) were illegal. He notes that the decision in the case Bowers v. Hardwick, 478 U.S. 186 (1986) -- which denied the right of homosexuals to engage in sodomy -- emphasized the values that we share with a wider civilization. Kennedy observed that "wider civilization" (encompassing the whole of humanity) has since rejected Bowers's reasoning. Nowhere did he assert that we should be bound by the laws of other countries (although he has publicly said as much). Furthermore, a large portion of the decision rests on the fact that the Texas statute in question violated the Equal Protection clause. It defines "deviate sexual intercourse" as occuring when a person "engages in deviate sexual intercourse with another individual of the same sex"; however, such activity is not illegal under the statute when the people involved are of opposite sexes. Kennedy cites a United States case, Romer v. Evans, 517 U.S. 620 (1996), in which "the Court struck down class-based legislation directed at homosexuals as a violation of the Equal Protection Clause." Justice O'Connor, concurring, wrote, "I am confident, however, that so long as the Equal Protection Clause requires a sodomy law to apply equally to the private consensual conduct of homosexuals and heterosexuals alike, such a law would not long stand in our democratic society." In other words, the prohibition of sodomy by the state of Texas was due to the fact that the state had a moral objection to homosexual sodomy. The compelling interest of the government in prohibiting an act must extend beyond its personal objections to that act, as noted in Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993). It should be noted that, of the nine justices, only one appears to believe in this "transjudicialism" (a word I heard for the first time in the legislation). Lawrence was not based on laws and decisions of other countries, but on our own laws.

H.R. 4168, Individual Tax Freedom Act of 2004: "To promote freedom, fairness, and economic opportunity for families by repealing the income tax, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States."

Most of these bills attempt to take over the Supreme Court by limiting what the Supreme Court can and cannot do. To some degree, Congress has power over the Supreme Court. In Article III, section 2, referenced by one of the bills, Congress has the authority to regulate the Supreme Court's appellate jurisdiction "with such Exceptions, and under such Regulations as the Congress shall make." But it never gives Congress authority over the Court's decisions. The Supreme Court would render such a law unconstitutional. If Congress attempted to override that decision, certainly the Supreme Court would rule such a vote unconstitutional, as well. The only power Congress has over the Supreme Court is the power to confirm the president's appointees to the bench. With all this talk about what the Framers intended, the people drafting and sponsoring these bills would do well to remember that the intention of the Framers with regard to the judiciary is that it be independent of interference by the legislature. This is why federal judges are not elected and serve for life: they don't have to worry about re-election, and they don't have to worry about politics.

May 20, 2004

Oil prices up, but why?

My eyes popped out of my head two weeks ago when I saw that gas prices had topped $2 for a gallon of unleaded, 87-octane gas. "Man, there must really be a shortage!" I said to the chicken sitting next to me.

Not so fast, Jack. NPR reported last week that a good part of the increase in oil prices was due to oil speculators raising the price of oil. There is no shortage now, they said, but oil speculators are behaving as though there will be, and are increasing the price of oil to reflect a shortage. But there is no shortage. The same NPR report said that oil inventories were 15% higher in May than they were in January. A shortage is not to blame for increases in oil prices -- it's oil speculators who are driving up the price.

This is the same behavior that we've seen in the past with California, they said. There was a power shortage in California, but people who dabbled in energy (like Enron) hiked the price of energy above the equilibrium price. Why? Demand was inelastic, meaning that the consumer (or the state) would pay any price for the same quantity of energy. (If you're interested, elasticity is measured by dividing the difference between two prices and the difference between two quantities in a particular demand schedule. If the quotient is greater than 1, then the demand is elastic, meaning a particular percent change in price will yield an even greater percent change in demand. If the quotient is less than 1, then demand is inelastic, and a particular percent change in price will yield a smaller percent change in demand. The conclusion to be derived from the latter example is that people need this good and will pay any price for it, like water, oxygen, or, in the case of America, gasoline.)

Nevertheless, refineries are running at capacity and thankfully, George W. hasn't agreed to release oil from the strategic oil reserve. NPR predicts that the price of gas will go down after Memorial Day. Oil speculators are aware that if gas prices are too high for too long, people might actually stop paying those high prices and resort to public transportation, walking, or carpooling. Once they've made their money, they'll go home and buy a new Hummer.

Netscape Money & Business provides a link to a similiar story about high oil prices.

May 18, 2004

Why not read it first?

Michael Moore is apparently in a huff about The Wall Street Journal's review of his latest film, Fahrenheit 9/11. The film focuses on the Iraq War and Bush's interesting ties to the Sauds, the ruling family of Saudi Arabia. In the War on Terror, one would think that Saudi Arabia would be ground zero for an American invasion (the country has more radical Muslims than Iraq could ever hope to have), but Saudi Arabia has remained totally untouched in the War on Terror, even in light of the fact that most of the September 11 hijackers came from Saudi Arabia. The film is decried by Republicans as "partisan," but is attacking Bush a partisan thing to do? It seems as though people from both parties have been critical of Bush -- democrats for insisting that he's gone too far, and far-right conservatives for insisting that he hasn't gone far enough. His amnesty plan for Mexican immigrants has definitely soured him with the Pat Buchanan types who feel that immigration is a scourge upon the country.

Anyway, Michael Moore is upset. Apparently WSJ published a review of his film that was completely untrue -- because they reviewed a synopsis of the film:

This morning, a columnist for the Wall Street Journal -- who has not seen the film -- has decided, instead, to review a "synopsis" of the film. That's right, a "synopsis" from a fax of an early version of a press release someone gave him from the studio. Based on this, he accuses the film of being inaccurate. But guess what? Everything he says about the film in his column is completely false. I mean, seriously, NOTHING of what he describes is in the film!

Moore goes on to decry WSJ as "the biggest pro-war, pro-business paper in the country," demonstrating his uncanny ability to make an excellent point and then alienate anyone who might have been listening by flailing his arms wildly (Bowling for Columbine was an excellent film, but fell victim to this arm-flailing, as his pet issue of Flint, Michigan somehow ended up in there; the film will be remembered not for its critique of America's culture of violence, but for Moore's anti-Bush speech at the 2003 Academy Awards).

Moore himself is not entirely squeaky-clean. Two weeks ago, Moore announced that Disney was refusing to distribute Moore's film under its Miramax name, saying that it didn't want to get involved in partisan politics. Later in the week, Moore admitted that Disney informed him of its decision a year ago and Moore was just now letting the public know about it. He admitted that it was a publicity stunt designed to coincide with his film's showing at the Cannes Film Festival, making it appear as though Disney was trying to "ban" his movie ("it's too hot for TV!").

May 17, 2004

Oral arguments available

Oral argument transcripts are now available for the following important Supreme Court cases:

  • Rasul v. Bush: This case deals with the constitutionality of denying a writ of habeas corpus to detainees in Guantanamo Bay.
  • Cheney v. U.S. District Court for the District of Columbia: This case deals with executive privilege. Cheney refused to release the names of the people he consulted to create 2001's energy report. Environmentalists said that the report was biased in favor of a continued reliance on petroleum, and believed that Cheney consulted with a lot of people from the petroleum industry.
  • Hamdi v. Rumsfeld, Rumsfeld v. Padilla: Both cases deal with U.S. citizens who have been held for two years as "enemy combatants" without being charged and without the ability to challenge the validity of their detention. Lower courts told the government to either charge these two (Hamdi and Padilla) with something or release them. The government appealed to the Supreme Court.

All of these cases deal with the powers of the executive branch and will be crucial as the Bush Administration assumes more powers in the continued "War on Terror." The Cheney decision is not as terribly important as the other two, but if any of the habeas corpus cases is found in favor of the government, it could be a dark day for the country, as the executive would be able to hold any American citizen without habeas corpus as long as that citizen is labeled an "enemy combatant." The person would be unable to challenge his detention and could be held indefinitely in the name of national security. The Supreme Court will release its opinions later this summer, probably in late May or early June.

May 15, 2004

Hero of the week: William F. Buckley?

That's right. William F. Buckley is SEDHE's "Hero of the Week." Rather unlikely, but if you read his most recent column, you'll understand why. Unlike other conservatives, Buckley is not an apologist for the acts that occurred at Abu Gharib. Whereas Rush suggests that the acts were justified (read previous entry for details), Buckley contrasts the Abu Gharib situation with that of Lt. William Calley, who was prosecuted for the My Lai massacre in Vietnam in 1968. Calley was given life in prison for his actions then, but then "what seemed all of America rose up in protest against the sentence," not because they thought he didn't do anything wrong, but because they thought that life in prison was an extreme punishment; bowing to American popular opinion, President Nixon reduced his sentence.

The justification for My Lai, however, was that "you are waging war, there are snipers and other hidden assailants, and you find yourself authorizing your men to use their machine guns to everybody down -- one way to do it." Buckley suggests -- contrary to Rush -- that the guards at Abu Gharib were not in life-or-death situations. "In Iraq, there seems to have been nothing there in the sense of dodging bullets and returning fire. It seemed sheer sadism, pleasure taken from torture," he says. "But there is no accounting for forcing naked men to enact sexual practices, some apparently perverse, for the gratification of an assembly apparently stripped of any thought of humane behavior."

This is only the introduction to the column, but Buckley's point should be well-taken. Though Iraqi insurgents freely fire upon U.S. troops, that is no excuse for the professional U.S. Army to retaliate with sadistic abuse. Most of the prisoners at Abu Gharib were low-level detainees, anyway: they had no valuable information and were rounded up almost out of necessity. Some of them had committed no crimes at all.

The thesis of Buckley's column is that Donald Rumsfeld should not lose his job over this. I tend to agree: Rumsfeld is a suit back in Washington, and while he is technically responsible as Secretary of Defense, he was not there and he did not issue the orders to do this (as far as we know). By the time that these pictures surfaced on CBS News, the parties involved were in the disciplinary process. The Secretary of Defense cannot be expected to have control of everything. In a corporate structure, tasks are delegated, and managers expect that their subordinates will do the job assigned to them. In this case, one of the managers went a little crazy. That's the manager's fault, not Rumsfeld's.

John Kerry has been calling for the President's resignation. This is ridiculous on its face. The President of the United States has ten thousand things to attend to every day; this is why he delegates the duties of the defense of the U.S. to Rumsfeld. The President has no control over day-to-day operations of the Defense Department. Saying that Bush is responsible is a cheap election-year ploy designed to transfer blame to the President, where it is most strategic for Kerry.

May 13, 2004

My NAFTA is bigger than your NAFTA

If there are any future politicians out there who want to learn how to use an opponent's argument against him, head over to The American Enterprise and read "Anti-Globalism = Anti-Americanism" by Jean-Francois Revel.

Step One in Revel's exaggeration is what I like to call the "anti-family fallacy." The debater introduces an idea into the debate that no sane person could possibly be against: the family, for example. The debater then says, "My opponent is anti-family!" Revel uses the anti-family fallacy with globalization, observing, almost harmlessly, that "Globalization simply means freedom of movement for goods and people, and it is hard to be violently hostile to that." The sentence after this is implied: "And yet, somehow, people against globalization really are against freedom of movement for goods and people! Isn't that amazing?"

Step Two: Use the "M-word." The M-word is "Marxism," and in liberal economic circles, an opponenet labeled a Marxist is immediately discredited. "That person must be some sort of CommieNaziFascist," thinks the gum-chewing public. Revel blends the M-word seamlessly into his piece: "The simplistic article of Marxist faith that capitalism is absolute evil, and that it is incarnated in and directed by the United States, may be the most important principle shared by the current crop of anti-globalizers." It also helps when you boil Marxism down to a simple, easily-digestible, bite-sized ideology that is framed in such a way that makes it sound like only Satan and Hitler could be in favor of it.

Then Revel does something that I never thought anyone could do: "But ultimately it is something even bigger that the anti-globalizers want to destroy: liberal democracy and free-market economics. Or quite simply liberty itself." Whoa! Not only is Marxism anti-Capitalism, it's anti-liberty! Bring out the army; it's time for a War on Marxism. Nope, forget it. We had that already. (And Reagan won it.) This is a rhetorical home-run: "My opponent hates everything you value, and what's more, he doesn't want you to have it. He will actively work to destroy your values and replace them with his!" This is the beginning of mob mentality. I bet I could write quite a paper on the rhetorical connections between Revel and any of the villagers in the film Frankenstein.

And it goes on like this. In describing the acts of anti-globalism extremists, he depicts the bombing of McDonald's restaurants (I think this happened a grand total of once) and rioting in Seattle, Genoa, and Nice as the rule for anti-globalists, rather than the exception. I could make the claim that pro-life Christians are hypocritical terrorists who further their opinions by blowing up abortion clinics and abortion doctors, taking lives when they allegedly believe in the sanctity and value of life. But that would be a ridiculous claim, since only a few crazies are responsible for blowing up abortion clinics. I bet that if they had been pro-choice instead of pro-life, they would have been equally crazy. They're just crazy people, and in every ideological movement, there's a few of them who take things to the extreme. So it is with anti-globalization. I guess I would call this the "metonymical fallacy," meaning that the debater takes the actions of a small part of a larger group as representative of the actions of the entire group.

Nevertheless, "Anti-globalists have tried to replace democracy with a despotism of the mob, advancing the brutal proposition that street demonstrators are more legitimate than elected governments." There's that warning again: "They want to replace democracy with despotism!" Juxtaposing two words with such strong meanings elicits strong emotions, and very often, the sentiment generated by the emotions overwhelms the rhetorical objectivity of the listener. This is demgoguery, appealing to emotions rather than to reason. It's why politicians kiss babies: to elicit a positive emotional response without appealing to reason ("Sure, he's kissed a lot of babies, but what has he done for me lately?").

"Anti-globalizers have no ambition to advance a program by democratic means, for the simple reason that they don’t have a program, or coherent ideas, or facts on their side." This is a wonderful idea, and I think it's a neoconservative one: if you don't have a plan, then get out of the way! Even if the plan is one that involves the destruction of all people named "Phil," we are expected to cheer the person espousing it because it's a coherent plan. ("Sure, my plan is t kill everyone named Phil, but at least I have a plan!") This rhetoric is used by opponents of John Kerry.

While it is important to have a plan, Revel is right that a lot of those protesters don't have plans. But they're the exceptions, remember? There are seven jillion scholars in think tanks and universities throughout the galaxy that have coherent plans for an anti-globalist viewpoint. The metonymical fallacy rides again.

Revel decries the form of the rioters' protests, suggesting that they aren't worthy of talking to:

So it is astonishing when European leaders declare themselves "impressed" by the rioters, and convinced of the necessity to "dialogue" with them. It is grotesque to see the leftist press and political stratum, seemingly having learned nothing from the socialist catastrophes and absurdities of the last generation, now greet this new crusade against capitalism with open arms. The president of the French republic, Jacques Chirac, paid tribute to a "global social consciousness" and pleaded before his peers in favor of "normal and permanent dialogue" with the demonstrators.

Why even bother with asking what they have to say? says Revel. They're just protesters. He never stops to think that they resort to protesting precisely because no one will listen to them. Perhaps if someone sat down with them and listened to them, we could get some dialogue going. And yes, neocons have dialogue. It's too touchy-feely and it sounds like that awful word -- compromise! To compromise means to partially give in to your opponents, and neocons want everything they asked for, plus some for the road. Who needs to negotiate? That's for wusses and socialists!

By the way, when Chirac referred to "global social consciousness," I believe that he meant he was happy to see that they were aware of the world around them -- at all! No doubt most Americans didn't know where Iraq was before the Persian Gulf War. Americans are, by and large, ignorant of the world around them. Why should they care what happens an ocean away? American Idol is on, and the ongoing struggle between Reuben Studdard and Clay Aiken is more important than the less immediate struggle between Ariel Sharon and Yassir Arafat.

Here's more misrepresenation of history: "In fact, the Left has always hoped for globalization without the market -- an ideologically correct world government. Soviet and Maoist communists always felt the vocational urge to impose their models on the whole of humanity, if need be by armed subversion, which they did not hesitate to use on five continents." Actually, Stalin abandoned the goal of international communism (Comintern) in 1943.

And still, Revel continues misinterpreting history:

The beneficial effects of widening commerce were evident as far back as the Middle Ages and ancient Rome. But it was not until after the great explorations of the late fifteenth century and the growth of transatlantic trade that globalization in the modern sense of the term began. Merchant capitalism developed in the sixteenth and seventeenth centuries; the industrial revolution spread throughout Europe and North America from about 1840 to 1914.

Actually, there was no capitalism in the Middle Ages, if indeed that is what Revel is suggesting. Under the feudal economic system, a person's station in life was largely predetermined. A serf, for example, could never hope to be landed nobility. A person could earn a lot of money, but he would never be any better than a regular person with money. It was only after the mid-17th century that a person could actually move up in the world, and yes, it was thanks to capitalism. Capitalism was the friend of the little guy. It said that, if you work hard, then you will earn rewards. Economic benefit will be assigned based on merit, not birth. The person who can do the most work the best deserves to be rewarded, not the aristocrat who lies about all day.

"After World War II, the United States became a powerful advocate in favor of free world commerce," says Revel. Whoa, there. Not so fast. America talks big about globalization, but it only talks big. America still subsidizes a whole lot of its industries, especially agriculture. If we let the market determine the price of wheat, American farmers would be out of a job. The agriculture industry is a great example of a perfectly competitive market, where the individual firm (or farmer) is a price-taker. Since the product is homogenous (wheat is wheat), the individual farmer cannot raise the price of his wheat, or else consumers will go to another farmer. To protect against this, the U.S. government subsidizes American agriculture, making it more expensive for foreign wheat to come in here. (As a side note, I personally agree with this: a country should not have to rely on another country for its food supply. What I don't agree with is pretending that these actions constitute normal, free-market capitalism, when in fact, they reek of socialism!)

There's also the steel industry. Remember two years ago, when President Bush instituted steel tariffs? He did this, ostensibly, to save steel jobs in America, since steel could be imported to the U.S. and sold more cheaply than steel made in America. The WTO and the European Union balked, the latter threatening to raise tariffs on some of its goods. Someone else balked: it was American auto makers, who use steel as a raw material. Increase the price of steel (through tariffs, or by forcing auto makers to buy it here, where it's more expensive), and you increase the price of cars, since it costs the auto company more for overhead. Finally, Bush relented and took the steel tariffs down. Is this the U.S. being "global"? Absolutely not; this is the U.S. talking about globalism for everyone else.

Despite being French, Revel is more conservative than French, and can't resist taking a stab at the French:

We French have had little to say against Saddam Hussein, Muammar Qaddafi, Kim Jong Il, Fidel Castro, Robert Mugabe, the imams of the Islamic Republic of Iran, or the bosses of China and Vietnam. We reserve our admonitions and our contempt and our attacks for the U.S., for Ronald Reagan and George W. Bush, and for Europeans like Margaret Thatcher, Silvio Berlusconi, and Tony Blair, because they are insufficiently hostile to capitalism. Our enemy is not the dictator but the free market economy.

Revel uses another great rhetorical trick here: he boils down the choices to two sides and only two sides (even though there may be more than two), and he gets to pick what the sides are. On one side are dictators and socialists. On the other side are capitalists and democracy. Since the French aren't in favor of capitalism, they must, therefore, be on the side of the dictators and socialists. In fact, this isn't true. The French don't hate capitalism because of its virtues ("ooh, I hate freedom!"); this is the same "they hate us for our freedoms" crap that sits well with the simple-minded. By saying, "Your opponent hates your values!" its easy to hate your opponent. The French dislike capitalism for its moral problems: it puts the poor at odds with the wealthy; it's a zero-sum game; there will necessarily be those who have and those who have not. They feel that the moral problems outweigh any "liberty" that we may see, and indeed, they feel that their system has more liberty than ours. No one is against liberty; rather, we're all trying to get to liberty in different ways. Analyzing this argument, it looks ridiculous: they hate capitalism . . . because they hate capitalism? Hatred of capitalism is not an end, but a means to some end, and Revel never explains what that end is.

Revel seems to live in a magical wonderland where the U.S. is perfectly globalist. Do you suppose he would favor the free movement of people across the Mexican-American border? Of course not -- but in order to remain consistent with his hyper-globalist views, he would have to. Nevertheless, we restrict the amount of immigrant labor that we let into this country, afraid that Mexicans will steal jobs from Americans. In a perfectly globalist world, if a Mexican can do the same job for less, that benefits everyone -- except the person who lost that job to the Mexican. Revel never addresses the problem of Mexican immigrants, probably because, as a neocon, he would be staunchly against it -- something which flies in the face of globalist ideology.

My point in writing this entry is to show that Mr. Revel is a manipulative hypocrite. He waxes poetic about globalism, but fails to acknowledge that even the U.S., the country he venerates as a bastion of globalization, is not nearly as globalized as he portrays it. He uses a multitude of clever rhetorical techniques to vilify his opponents, thus negating the need to respond to their arguments. "What about Mexican immigrants? What about steel tariffs and farm subsidies?" He'd probably decry me as a socialist, throw a smoke bomb on the ground, and then fly off like some deranged, neoconservative Batman.

May 12, 2004

Give Rush a medal!

In describing the actions of guards at Abu Gharib prison, Rush Limbaugh defended their actions. In The New Republic, Rush writes, "You know, these people are being fired at every day. I'm talking about people having a good time, these people, you ever heard of emotional release? You [ever] heard of need to blow some steam off?"

Sorry, Rush. I didn't understand. Why don't we just let bygones be bygones? I mean, after all, it was just an innocent little prank. Like you said, "This is no different than what happens at the Skull and Bones initiation." There's no reason that anyone should get court-martialed over this. Even though this whole prisoner "abuse" scandal was obviously perpetuated by the Liberal Media Conspiracy over at CBS News (and I bet they faked some of those pictures, too, just to discredit the President), we can't forget our real objective. Hey, Rush, what's our objective?

"There's only one thing to do here, folks, and that's achieve victory over people who have targeted us for loooong, long time, well over 15, 20 years. It's the only way to deal with this, and that's why obsessing about a single incident or two of so-called abuse in a prison is nothing more than a giant distraction and could up being something that will really ties [sic] our hands and handcuffs us in what the real objective is here, which is the preservation of our way of life and our country."

Hang on, now. I think -- for the first time in your career -- you may have, possibly, perhaps, maybe made a mistake. If I may be so bold, Rush, there's more than just one incident of prisoner abuse here. I don't mean to suggest that you're wrong, but there are dozens and dozens of photos of different prisoners being put in so-called abusive situations. Apparently, this isn't isolated. But I just wanted to enhance your answer.

I think, in the end, Rush is right. I mean, what we did to those Iraqis can't compare with what they're doing to us. They're killing U.S. soldiers! How dare they suggest that us abusing low-level prisoners is even remotely in the galaxy of Iraqi insurgency. I can see how, if I were in that situation, I would be completely morally upstanding if I did to those prisoners what the U.S. guards did to them. I would go so far as to say that they deserved it for living under Saddam's dictatorship and not attempting to overthrow him, and what's more, they deserved the abuse because they tried to challenge the United States.

I can't see how President Bush would be such a pansy and apologize to the Iraqis. What he should have said was, "And if anyone else tries to attack us, he'll get the same treatment!" Chastize Rumsfeld in private? Give the man a medal for defending our country!

Man, it's times like this I wish Rush were the president.

May 10, 2004

The Puritan revolution begins

The Utah-based company called ClearPlay has received some press this week as the Directors' Guild of America (DGA) takes it to court for copyright violation.

For years, ClearPlay has made software technology for computer DVD players that censors violent, lewd, or profane material from DVDs. The company recently released a standalone DVD player that does the same thing. The company's website touts the consumer's ability to "watch great Hollywood movies without having to worry about the profanity, nudity and gory violence" with the ClearPlay-enabled DVD player.

The problem is, the creators of the film had no say in the censoring process (and even though it's a loaded word, "censor" is the appropriate word). The makers of ClearPlay were the ones who chose what was violent, what was lewd, and most importantly, what was profane (if this were Taliban Afghanistan, we'd have no movies, as the Koran prohibits the depiction of humans or animals).

ClearPlay CEO Bill Aho says he has received "hundreds of e-mails saying, 'We will watch more movies with this.' When people watch more movies, that's good for Hollywood." In terms of profit, yes. In terms of creative control, no. The resultant art that we see produced by an artist looks the way it does for a reason, and those reasons are entirely the artist's. The viewer has absolutely no control -- and shouldn't have control -- over the form or content of the artist's work. "When you buy a video or a DVD of a film, you expect to see the work re-created in its original form, not some bastardization for the sake of someone else's idea of morality," director Irwin Winkler said. "If you go into the museum and see the painting of the Three Graces, you don't expect them to be wearing bras because nudity offends some of the people who attend an exhibit with their children."

Research Director Doug Gentile of the National Institute on Media and the Family said, "Anything that makes it easier for parents to monitor and control the amount and content of media their kids watch is a good thing." But does this control have to come at the expense of the artist? What if a museum did clothe nudity in paintings because the museum's directors felt that nudity was morally wrong?

But enough about my dislike of pushing morals onto others. Let's talk about the legal issues.

In its suit, DGA claims that ClearPlay and twelve other companies who similarly censor content "are renting, selling, or distributing versions of movies, which neither the Guild's members nor the studios authorized, and which are altered versions of members' works." In a counterclaim, DGA charges these thirteen companies with violation of the Lanham Act, which, among other things, "has been applied to protect an artist's right not to be associated with an unauthorized, edited version of his or her work." ClearPlay is not advertising Steven Spielberg's film; rather, it's advertising its version of Steven Spielberg's film, and Steven Spielberg has not authorized such a version. What if the resultant ClearPlay version of the film excludes scenes that Spielberg felt were important, but, due to their lewd content, were dismissed as "trash" by the employees at ClearPlay? The DGA counterclaim complains, "The Counterdefendants attempt to impose upon the Director Counterclaimants, and the public, the Counterdefendants’ values, vision, story telling, and artistry, if any."

Okay, back to moral-pushing.

More and more, I see that the Purtians are winning. The ridiculous levels of outrage at seeing Janet Jackson's boobie for half a second prompted a firestorm of Puritans to war against anything "immoral." Come on, people: you didn't see a boobie. The camera cut away. Live shows are time-delayed to preclude the possibilty of exactly what happened from happening. But there was the possibility that a boobie could have appeared on television. Since then, a fine-crazy FCC has redefined indecency and attacked Howard Stern with an unprecedented $495,000 fine. Months ago, when Bono used the f-word during the Golden Globes, the FCC said that Bono's words were not indecent. After the Janet Jackson shocker, the FCC reversed itself, saying that not only was Bono's "fleeting" and "non-sexual" use of the f-word indecent, but "other cases holding that isolated or fleeting use of the “F-word” are not indecent are no longer good law. The FCC redefined the legal definition of the word "indecent." Is there a clear political agenda behind this? Why wasn't the F-word indecent in 2003, but suddenly became so in March, 2004? The Libertarian in me can only say, "Don't legislate morality." The FCC has never -- ever -- been a content-censoring organization. This is a new thing, with FCC using its power over broadcast licenses as leverage: "all broadcast licensees are on clear notice that similar broadcasts in the future will lead to forfeitures and potential license revocation, if appropriate."

Between ClearPlay, the FCC, and Attorney General John Ashcroft's renewed War on Pornography (because the FBI wasn't busy enough with international terrorism), there is a Puritan reaction to American lewdness. Does this mean that the government must become involved? Does this mean that artists' rights must be foresaken for the sake of morality ("Oh, won't someone please think of the children?!")? Or are we so lazy that we want to be able to have our cake and eat it, too -- sit our children in front of the idiot-box and simultaneously be assured that, while their brains are turning to jelly and they are becoming the up-and-coming consumers that Procter & Gamble wants them to be, they are not being exposed to nudity and violence? There's a wonderful Anne Bradstreet poem about growing up. "The Author to Her Book" is about how children must grow up someday, whether we like it or not.

May 9, 2004

The cost of war, in living color

The recent leak of pictures of American caskets obtained under the Freedom of Information Act (FOIA) and Ted Koppel’s recitation last week of the dead so far in Iraq have a lot in common. Both of the events bluntly portray the other outcome of war that Americans don’t want to deal with: death.

On April 23, the website The Memory Hole released some three hundred Air Force photographs procured by author Russ Kick through the FOIA. The photographs showed rows and rows of flag-draped coffins, one-fifth of which are actually photos of the Columbia astronaut coffins. Apparently, through some sort of mistake at the Pentagon, Kick’s request was approved and the photos released. Critics pointed out that it was a disservice to the families of the dead depicted to parade the photos on the Web. The only problem with this argument is that we cannot discern who specifically is in which casket. They’re merely rows of anonymous caskets.

The Bush Administration had a tough policy in place that forbid news organizations from photographing war dead at military bases. This was, the Pentagon says, “an effort to protect the sensitivities of military families” (NYT, 23 Apr. 2004: A14).

Last week, Ted Koppel read the names of the soldiers killed thus far in Iraq on Nightline. Sinclair Broadcast Group, the owner of eight ABC affiliate stations, ordered them not to air Nightline. “"The action appears to be motivated by a political agenda designed to undermine the efforts of the United States in Iraq," said a statement released by Sinclair.

The actions of both Koppel and Kick were designed to let America know that war is real and war has costs. Behind the rhetoric of “they hate us for our freedoms” and “we’re fighting a war for freedom” are the actual people who are doing the fighting. Americans don’t want to acknowledge that there are real people dying. As long as we can fly a flag and sing “Proud to be an American,” we can avoid the sight of dead bodies which bring our singing and waving to a halt as we realize that human beings are losing their lives for what may or may not be the right reasons. Rhetoric works until people see the bodies; then, they’re stymied by the realization that there are real people driving that rhetoric, somewhere in a land we only read about in newspapers.

The Vietnam Veterans Memorial was unpopular when it first opened. Where was the statuary? The larger-than-life images of soldiers doing heroic things? The Vietnam War was not World War II. The cause of the war was questionable; were men dying for no reason at all? The somberness of the Vietnam Veterans Memorial reflects that ambiguity about the war: it was not a war to celebrate. There was no victor.

Americans can’t stand being reminded of the human cost of war. They would rather live with their eyes closed and listen only to the sounds of “freedom,” “hate,” and “liberation.” Who do they think is going to defend their freedoms? Kill the people that hate them? It’s human beings, and human beings are being killed in Iraq. The fact that the administration wants to hide this fact as much as it can is a testament to the queasiness it has about this war. If it were a nobler conflict – if we were fighting Hitler again – we might see patriotic images of the dead being saluted by fellow soldiers. Here, though, there dead are relegated to shadows – an indication of the shadowy and ambiguous nature of the war itself. In this war, death is not noble; it is merely a reminder that human beings are being sacrificed for the agenda of people who have suits, ties, and comfortably air-conditioned offices and live with the satisfaction of knowing they will never have to lose their own lives in that war.

May 1, 2004

Mayday!

Happy Law Day, everyone!

Somewhere along the line, it was decided by those wily Powers that Be that May 1, known worldwide as May Day in commemoration of the Haymarket Riot over workers' rights (or over anarchists' tussles with police, your choice) in Chicago, Ill., this week in 1886, would be celebrated as "Law Day" here in the U.S.

This year we're especially reflecting on the 50th anniversary of Brown v. Board of Education, the landmark ruling that applied the 14th Amendment's equal protection language to the question of whether "separate but equal" was, in fact, equal.

Various bar associations and district attorneys have signed on board with Law Day as a way to teach our kids that "obedience to law is liberty," as it says on the front of Worcester County Courthouse (I am told it also says this on a courthouse in Cleveland, although presumably not the [David] Justice Center). Even my dad's old stamping grounds, the Chicago Bar Association, has signed on to the new, politically correct holiday, without so much as a nod, it seems, to the police riot that gave its name to the "other" cause being commemorated today.

Perhaps someone ought to shout a "mayday," however, as the topic of homosexual marriage has come up much too often in discussion of Brown v. BOE. Predictably, commemorations in Massachusetts turned into a quote-op for activists on the homosexual marriage issue. Two (two!) stories about Law Day are on the front page my newspaper this morning, including one reporter's before-the-jump contention that there are "unmistakable similarities between the 1954 [Brown] decision and a recent ruling by the SJC that will give same-sex couples the right to marry."

In a word, no. While some opponents of the court's decision argue, rather hysterically, that it is an example of moral corruption for which we will all be smote and turned into pillars of salt, the ones who are intellectually on board with this thing called "America" say, I believe rightly, that the state's Supreme Judicial Court overstepped its bounds in this case.

That doesn't stop the other story's writer from implying that the SJC ruling is in line with the philosphy of the Warren Court, which she quotes a legal studies professor as saying "established itself as the final arbiter." I had always thought that the court established itself as the final arbiter 150 years earlier in Marbury v. Madison, but what do I know?

Brown v. BOE is simply not comparable to Goodridge v. Department of Public Health, the SJC decision. Brown v. BOE followed and relied upon the 14th Amendment, which was adopted with the intent of providing equal protection of the laws for racial minorities, who until that point had been treated as second-class citizens (or worse). Goodridge, on the other hand, completely invents a new "right" by redefining the word "marriage."

It would be one thing if homosexuals had been denied the right to marriage, as traditionally understood -- i.e., if "straight" men had been allowed to marry women, but "gay" men had not been allowed to marry women. But marriage, the word, means a union of a man and a woman. The lawmakers who granted tax breaks or legal benefits to marriage did so in the understanding that they were contributing to the man-and-woman version of marriage.

If our increasingly socially liberal world wants to change the definition of marriage, well, go ahead and do it. But do it the right way. This is a change in our understanding of rights and in our state (or national) policy. It should have been done through the Legislature.

The newspaper quotes a Northeastern University law professor, ostensibly defending the SJC's actions in the face of widespread criticism, as saying: "we need some part of the process that stands aside from the pressures of politics. If we don't have that kind of independent judicial role, constitutions end up meaning very little."

With all due respect, professor, if we keep changing the meaning of words and ignoring the separation of powers as it pertains to limits on the courts, constitutions end up meaning even less.