Wednesday, April 30, 2003

Priority of Taboo Maintenance

Yet More on Gay Marriage
Jacob Levy on Stanley Kurtz of NRO fame:
His [Stanley Kurtz's] panic at the thought of legalized gay marriage has always struck me as absurd. ... It's wrong; and it doesn't even try to make a case for the priority of taboo-maintenance over the moral concerns on the other side.

Traditional sex regulation is not absurd on its face. It was a broad based regulatory scheme that sought to control sexual behavior and channel it into heterosexual child-focussed marriage. Thus fornication, adultery, sodomy, and bigamy were outlawed as was prostitution. Because the authorities recognized that such behaviors were tough to control through the operation of the criminal law because of proof problems, they also banned lewd cohabitation (living in sin) and lascivious carriage (being in a compromising physical position with another) since these were easier to prove.

Now we as moderns may reject their desire to promote marriage and mixed-gender, monogamous-couple, child rearing but it's disingenuous to claim shock at the tradition. It's been around for a long time. Moreover, I can name hundreds (thousands) of modern regulatory inventions that are absurd on their face and represent significant violations of our traditional liberties: smoking bans, stock parking bans, outlawing discrimination against transvestites, requirements that home builders install wide bedroom doors, bans on private ownership of Kevlar vests ad infinitum.

Tuesday, April 29, 2003

Surely this statement by Orin Kerr can't be true:

The 2002 Wiretap Report is now out ... . Keep in mind that the report covers only wiretapping performed in criminal cases, and does not include wiretapping in national security cases. Those numbers are classified.

The Foreign Intelligence Surveillance Act (FISA) wiretap numbers are reported annually. Here's the latest one covering 2001. The Federation of American Scientists (FAS) has a complete set of reports on this page.

Now, wiretaps of communications outside the US aren't under FISA but those conducted in the US are supposed to be.
The Pro Market Party vs the Pro Sodomy Party

As between someone who believes that all non-heterosexual-marital sexual activity ought to be criminalized and someone who does not believe that, there's a difference in kind, one I have trouble commensurating with the tax difference [between Republicans & Democrats].

Casting the Dems as pro privacy, pro protection of intimate relations, and pro sanctity of the home is disingenuous. Any party that claims the right to design your toilets and the width of your bedroom door for you [and imprison you for disobedience] can hardly gain absolution from charges of tyranny by permitting you some forms of sexual intercourse.

Consider a list of things the Democrat Party won't let you do "in the privacy of your own home.":

* Install high-water-volume flush toilets.
* Install narrow residential doors (must be wide enough for crips in chairs).
* Eliminate smoke/CO2 detectors.
* Hire/fire/teach/trade/earn/profess (with other consenting adults) as you please.
* Possess firearms (in many cases).
* Worship with others (zoning).
* Keep your own money and keep your own financial affairs secret.

In fact, the whole panoply of state regulation and taxation extends into the home. If the Feds can design and mandate your toilets, that is certainly "government regulation of an intimate association".

But what about the Democrat Party and issues of sexual behavior. I see little evidence that their position is preferable to the Republican position -- and it's arguably worse. Republicans consist of religious conservatives, BoBos (bourgeois bohemians), and libertarians. Those groups differ in specifics but not even all religious conservatives believe that intimate relations should be controlled by the criminal law. On the other hand, the Democrat Party is pretty monolithic in believing that certain forms of intimate sexual relations should be controlled by government.

Sodomy yes -- Modesty no!

There are many forms of intimate sexual (or gender) behavior that the Dems seek to suppress. Here are a few:

* Patriarchy (note that Patriarchy is a form of gender preference that should logically be protected if other sexual and gender preferences are).
* Modesty
* Sexual Restraint
* Innocence

If you seek to pursue traditional intimate relationships, the Dems will try anything to stop you including criminal punishment. Teachers will attempt to destroy the innocence of your children (if you send them to government schools). The various "Children's Services Divisions" in the states will invade your home and arrest you if you deviate from modern approved child-rearing techniques. (I've often wondered why those who are criticized for spanking or other forms of domestic discipline don't defend themselves by referring to it as Bondage & Discipline.) The law will prevent you from controlling or even knowing about the medical treatment of your children. Massive taxation combined with massive wealth transfers will destroy the ability of a husband to support a wife and children and have the effect of replacing patriarchy with state tyranny.

Thursday, April 24, 2003

MORE ON LIBERTARIANS, DEMOCRATS, AND REPUBLICANS

A reader writes: What perplexes center-left types like myself . . . who are often sympathetic to Libertarian attitudes on cultural questions is why most Libertarians privilege issues of tax policy and economic regulation on which they are more closely aligned with Republicans over issues of privacy (sexual and otherwise) and free expression

About 15 years ago, I heard a pretty good answer to this question, from a fellow named Charles Fuller. As I recall, he put it more or less this way, of course as a broad generalization: The Republicans want to control my sex life, and the Democrats want to control my economic life; these days -- perhaps not always, but these days -- it's much harder for the government to control my sex life than my economic life, so the Democrats are the bigger threat.

Two quotes from PJ O'Rourke can help with the analysis:

"Republican politicians are better than Democrat politicians because they don't support gun control so if you don't like them you can just shoot them."
[The following is not a quote but a restatement, I can't remember the quote.]
"Republicans want to control my sex and drugs while the Democrats want to control my money which means that they want to control my whole life." [Since money touches on all of life.]

I would also deny your correspondent's claim that the Reps are worse on Free Expressions than the Dems. The Reps have been much friendlier to Free Expression in conflicts over broadcasting deregulation, commercial speech liberalization, corporate political speech, speech on campus, campaign finance, union dues/forced political contributions, and even street picketing (abortion clinics) than have the Dems. And the Republican dominated Supremes are more liberal than the Warren Court on Free Expression.

Wednesday, April 23, 2003

PERSONAL OR MORAL VALUES

More importantly, the question is not whether incest, or for that matter homosexuality, is "acceptable" to "a higher power above self," or whether one should say about it, "if it feels good, do it." Rather, the question is whether people should be sent to jail for engaging in this behavior. Even if, as a Christian, you believe that (1) being rude to your father or mother, (2) taking the Lord's name in vain, (3) engaging in premarital heterosexual sex, or (4) committing incest are immoral, there's still the further question of whether coercive secular force (as opposed to, say, moral suasion, or divine retribution) should be used to punish those who engage in this behavior. Simply saying "this is immoral" or "this violates the Biblical rules" by itself says nothing about what civil government should do about it.

Indeed Christ, himself, in his major disquisition on Jurisprudence in Matthew 18:15-17 says what punishment should consist of:

15: Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother.
16: But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established.
17: And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.

Apparently, he favored disfellowship to imprisonment or execution as the ultimate punishment for transgressions. I wonder if the unbelievers (heathen) and the IRS agents (publicans) realize they are being punished.
Read Prof. Volokh on the "Santorum Scandal":
A FAUX SCANDAL

Good stuff.

As for the Santorum quote itself:

"And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything."

I'm not that hot for incest or adultery. I'm hoping to privately practice consensual firearms ownership, teaching, practice of medicine, and the general buying and selling of goods in my home without any control by the Criminal Law.

Wednesday, April 16, 2003

The Iraqi War is officially over.

How do I know? Through yesterday BBC News 24 was streaming its full video feed through links like this.

Today all we are left with is a dumb New Headlines loop.

I want 24 hour video to my desktop. I'll even pay. I had it back in '98 from the Fox News Channel but they stopped allegedly over the streaming ad ban. Why is something I had in '98 so hard to get today?

Tuesday, April 15, 2003

Handful of Lawmakers Send Their Kids to War

WASHINGTON — For U.S. Rep. Marilyn Musgrave, R-Colo., her vote to support the troops was also a vote to support her son.

The mother of a sailor currently serving on a Navy submarine tender in the Mediterranean, Musgrave is one of a small group of congressional members who have sons currently serving in the military and possibly participating in the war with Iraq....

Though there is no comprehensive list, there are at least seven members of Congress with children in the Armed Forces — a small number, but not surprising, according to historians who say the number of congressional sons and daughters serving in the military has declined steadily since the Vietnam War era.

"My suspicion is that it's pretty rare," said Donald Zillman, a military expert and professor of law at the University of Maine. “Basically, that's not where congressmen's kids are heading off."...

Rep. Joe Wilson, R-S.C., a National Guard member and a Persian Gulf War veteran — one of at least three Gulf veterans in the House, including Rep. Steve Buyer, R-Ind., who was called to active duty in the Gulf last week — said he is heartened that his son has received such superior training.

"It gives me encouragement, knowing the training they've had," he said of his son Alan, 29, who is a first lieutenant in the Army National Guard and is likely to be activated. Alan is the oldest of three sons — the other two are a Naval Academy graduate and a cadet in the Army Reserve Officers' Training Corp. ...

During the Vietnam War, in which 58,000 American lives were lost, anti-war protesters made much of the fact that 118 out of 234 House members' and senators' sons eligible for the draft took college deferments to avoid service. ...

Today, there is no draft, and the numbers are even lower, indicating that military service is no longer a badge of honor for the political elite, or encouraged for their children, said Zillman.

So let me get this straight. Members of Congress and their children are underrepresented in the US armed forces. "At least seven members of Congress with children in the Armed Forces." That's the numerator of the equation. Where's the friggin' denominator. How many non-members of Congress have children in the Armed Forces?

Since this is a back-of-the-envelope calculation, I'll grab the 1997 World Almanac off the shelf and determine that in 1995 we had circa 1,547,000 persons on active duty and 2,045,000 in the reserves. This totals 3,592,000. I don't know if the National Guard is included. So, assume that there were about 270,000,000 Americans at the time, that gives us a figure of 1.33% of the population in the Armed Forces. We can also assume that 1.33% of fathers and 1.33% of mothers (living or dead) have a child in the Armed Forces (ignoring for simplicity's sake multiple-service families). Multiply 535 Members of Congress (House + Senate) times 1.33% and you get 7.12. So Congresscritters seem to map reasonably well with the general population.

Now I know this isn't a definitive study because we don't have real numbers for Congressional kids (and Members!) in the Military. And we haven't normed Congress to adjust for age and parenthood and numerous other factors but it's probably close.

So why do reporters make unsupported claims as above when some of them, at least, could be easily checked?

Monday, April 14, 2003

In an Instapundit piece on militia action in Saddam City, Master Reynolds writes:

"Sadly, the story doesn't really shed much light on the how-armed-are-Iraqis question,"

But in this radio piece from NPR's All Things Considered, today, the reporter says that the Shiia militiamen were so happy to play with their AK-47s because they couldn't have guns under Saddam.

Here's the Real Audio link.

Here's the money quote:

"... these Shiia men; they clearly are enjoying walking the streets with their AK-47s they're shooting them in the air at night because they could never carry these weapons under Saddam."
Armed Human Shields -- from the WSJ (Subscription Required)

From a WSJ article on Iraqi engineers, Marines, and human shields at the Sabanissan Water Treatment Project in Baghdad:

The human shields, mostly Western antiwar activists who placed themselves in harm's way to discourage the U.S. from bombing civilian sites, added to Mr. Kinany's wartime headaches. The five men and two women from the U.S., England, Japan, Norway and Australia arrived at the end of February, accompanied by Iraqi intelligence agents, and promptly set up a commune of sorts in the top managers' office suite. It fell to the engineers to provide them with food and water. "To be frank, we hated them in the beginning," Mr. Kinany said.

He got to know the group and grew to like them, especially after the invasion of Baghdad began and looters started prowling around the plant. Thursday night, Marc Eubanks, 41, an American peace activist who spent four years each in the U.S. Army and the Air Force, and another shield agreed to patrol the grounds with an AK-47 assault rifle taken from a stash the engineers kept. On Friday, Mr. Kinany and Mr. Eubanks confronted looters, with the former G.I. speaking English and leaving the impression that perhaps he was an American soldier.

"Go and tell your partners the Americans are here, and they will destroy your houses" if you don't leave, Mr. Kinany yelled at the looters in Arabic.

"It was rather an ironic situation -- first we wanted to protect them from the Americans and then from [Iraqi] looters," said Geir Angell Oygarden, a 35-year-old Norwegian shield and social scientist.

I guess human shields who pretend to be American soldiers are worth more than those who don't. But doesn't that violate some sort of Human Shield Code of Ethics or something?

Thursday, April 10, 2003

What if Iraq Had Revolted Instead?

It is generally agreed that the people of Iraq would have been justified in organizing and carrying out a revolution to overthrow the government of Saddam Hussein.

If they had revolted, and particularly if they had succeeded in overthrowing the government, the cost in material and human terms would have been high. Vast amounts of money and time would have had to have been expended. Physical damage from war fighting would have been massive. Casualties among the revolutionaries, the populace, and the government forces would have been very high.

The revolution would have taken a while. It would have been fought with relatively primitive weapons and the revolutionaries would have been unable to overawe large chunks of the government forces into running away without fighting. On top of everything else, the risk of the revolutionaries losing would have been great.

In the event, Iraq got its revolution for free with minimal damage to property and minimal loss of life on all sides. The nation is already receiving the first of what will be billions of dollars in aid. All in a war that the "Forces of Free Iraq" couldn't have lost.

As a US taxpayer, I might have a logical right to complain about our generosity to the Iraqi Revolution. But I can't see the logic of any complaints from Iraqis (or others). Anyone who thought that Saddam should have been forced out got his wish fulfilled on the cheap.

Wednesday, April 09, 2003

Cops use ID info in criminal cases

Scanning a driver's license at the local liquor store can reveal more than just age.

When a patron's ID is scanned to ensure authenticity at a liquor store, the person's purchase and identification information is added to the Pennsylvania Liquor Control Board's (PLCB) electronic database in Harrisburg, PLCB spokeswoman Molly McGowan said.

Police can retrieve the information for use in criminal cases, she said.

For example, an underage man died of alcohol poisoning at a party in Bloomsburg about two years ago, McGowan said. Going back through the electronic database, authorities were able to locate where the alcohol was purchased and find the person responsible for bringing it to the party, she said. The buyer was later criminally charged for his involvement, she added.

Why are people using DLs for ID. Always use your passport. It can't be challenged and it has no useful info on it. No number anyone but State can track. No address. Nothing. I use my drivers license once every 4 years to renew my drivers license. I also use it when stopped by cops while operating a motor vehicle which happens twice a decade. Finally I use it to rent cars. No other reason.

Monday, April 07, 2003

OPERATION LIBERTY SHIELD--WHERE'S THE PROBLEM?

Given my work on the Japanese American internment, I was initially skeptical of the program, but when I looked at the program carefully I learned that the interviews were voluntary (as the government said they were),...
Compared to prior wars, stretching all the way back to the war of 1812, and especially compared to the excesses of World War I and World War II, the program is positively gentle.

I certainly agree that the Post-September 11th enforcement activities have been less intrusive than WWI, WWII, and even the early 1950's. More than 200,000 were interned (Japanese and others) after Pearl Harbor.

I would quibble however with the author's (and everyone else's) comment that the Liberty Shield interviews were voluntary. All police interviews are voluntary. All government interviews are voluntary except some of those conducted in court. You never have to chat with cops or enforcement types.
SCALIA'S INTERESTING QUESTION
The State of Michigan, of course, contends just the opposite; its position is that racial diversity is one crucial component of elite-level academic excellence. I’m inclined to agree; my own personal experience of teaching for four years at a racially homogeneous law school (the University of Wyoming) and now at a racially integrated one (UNC) tells me that racial diversity does in fact contribute importantly to full and rigorous discussion and debate in a law school classroom. So at the end of the day, I guess I disagree with Scalia.


Since racial minorities tend to have the same ideology as law school professors and law school students, isn't it arguable that a better mix could be achieved by discriminating in favor of libertarian and conservative students and professors than in favor of [some] racial minorities?

Friday, April 04, 2003

St. Louis Official Resigns Over Joke
"Public Defender in St. Louis Resigns Over Racial Joke He Told to Underlings at Work"

But in a major journalistic failure, the story doesn't tell us the joke.

Friday, March 28, 2003

Senate Approves Soviet-Style Exit Tax

The Senate voted unanimously Thursday for an old Democrat proposal -- an exit tax on those who renounce US citizenship. This is supposedly an offset for the tax reductions for service personnel contained in the Armed Forces Tax Fairness Act of 2003. This is one of those fake budget deals where a tax cut has to be offset by a tax increase or a spending cut to "pay" for the tax cut (even though a tax cut is largely costless).

The bill would declare expatriation a taxable event and assume all your property was sold on the day before expatriation. You would then owe taxes on the "sale". There is a $600K exemption and some exemptions for minors and dual-national-at-birth-non-US-residents who renounce.

The House version of the bill lacks the exit tax provision so it's off to Conference.

See my Official Taxpatriates Page for more information on this topic and a list of those who have renounced recently.

Wednesday, March 26, 2003

TruthAboutWar.org (a libertarian site) has been publishing misleading claims about the US supplying Saddam with chemical and biological WMDs. This is strange complaint since libertarians presumably favor free trade in chemical and biological materials and precursor technologies as well as private possession of same. The claims (which have appeared elsewhere) are misleading because tight restrictions on the distribution of such materials were not put into place until the end of the 1980s. Additionally, anyone who knows anything about Iraq's order of battle knows that he got most of his weapons from the Soviet Union.

Here is a letter to the editor from today's WSJ that is too important to hide:

From the Wall Street Journal Letters to the Editor Page 26 March 2003 [Subscription Required]

Those Iraqi Weapons Are Not U.S.-Made

In regard to Robert L. Bartley's Thinking Things Over column and the editorial-page commentary by Gary Milhollin and Kelly Motz, both published March 24, referencing U.S. exports to Iraq that were approved by the Commerce Department during the 1980s:

Before readers assume there was some hidden agenda at Commerce to promote commercial sales to Iraq at the expense of U.S. security, the following additional points not mentioned in either article ought to be considered:

• It was the explicit policy of the U.S. government from the mid-1980s until the Iraq trade embargo in August 1990 that any Commerce Department approval of a commercial export to Iraq occur only with the prior consent of the Defense Department to ensure there would be no military benefit from the sale; certain commercial sales, but no weapon sales, were approved;

• Some of the items referenced as "approved by Commerce" in the Milhollin/Motz article were in fact not approved by Commerce because they required no approval for export to Iraq or any other country for that matter -- they were not on the control list at the time. Those agencies responsible in the U.S. government for defining the technologies that have weapons uses didn't include many biotech and chemical items in their assessments until 1989. Items on the control list that were "approvable" at the time were a matter of public record;

• Although not widely publicized, Commerce withheld export approval of many items destined to Iraq even though Defense had okayed the sales and there was scant legal basis at the time to deny the transactions. The combination of technology and end users didn't pass the "I want to sleep tonight" test. In some cases, Commerce officials telephoned U.S. executives to dissuade them from shipping and encouraged them to withdraw their export applications -- which worked more often than not, even though the reasons were often classified and couldn't be revealed to the exporter;

• Commerce was (and still is) an advocate in Washington for establishing U.S. and multilateral controls by key exporting nations on sensitive chemicals, biotech products and commercial products with nuclear weapons or missile applications. U.S.-led efforts were largely successful in the late 1980s and 1990s in getting other countries to agree to common restricted lists of these items. (Cooperation on implementation has not always been uniform, however.);

• Finally, in coordination with other agencies, Commerce issued regulations in early 1991 creating the legal authority to deny any U.S. export, even pencils and paper clips, if the destination was related to weapons of mass destruction, not just in the Persian Gulf region, but also in a number of areas around the world. Moreover, this authority has been used in real time by Commerce Department officials to interdict shipments that were already in progress but had not reached their final destination.

The weapons of the Iraqi military shown now on television are not U.S.-made, and any "blame America" suggestions don't have a basis in fact.

With 20-20 hindsight, we can all wish there had been a multilateral commercial trade embargo against Iraq long before 1990, so as to remove any doubt that a U.S.-made product might even tangentially contribute to keeping Saddam in power one second longer.

We can wish that U.S. intelligence assets were targeted to a greater extent on the Persian Gulf region in addition to the Soviet Union during the 1980s, so that the U.S. and other countries might have known more and acted sooner against the Iraqi regime.

But these issues were hashed out during the first Gulf War and are largely old news.

We can also wish the lessons from pre-1990 trade with Iraq would be learned and applied by the U.S. government to other countries with dubious leadership. In fact they were, more than 10 years ago, in export regulations issued by the Department of Commerce. Somehow, this is still news.

James M. LeMunyon
Oak Hill, Va.

(Mr. LeMunyon was the deputy assistant secretary for export administration at the Commerce Department from 1989-1993.)

Updated March 26, 2003

Thursday, March 06, 2003

Wearing Hats at the Council of Trent

New York Times hit piece on conservative Catholics (and Mel Gibson) due Sunday. According to the NY Post's Page Six:

Mel Gibson's unholy Sunday

MEL Gibson is furious at the New York Times over a story that will depict him as a pope-hating, conspiracy-minded cultist.
...
It's no wonder Gibson was upset. In a story in this Sunday's Times Magazine, Noxon writes that Gibson embraces an ultra-traditional "strain of Catholicism rooted in the dictates of a 16th-century papal council and nurtured by a splinter group of conspiracy-minded Catholics, mystics, monarchists and disaffected conservatives."

The traditionalists disdain the Second Vatican Council of 1962-1965, say Mass in Latin, and fast on Fridays. Women wear hats in church.

What bizarre cult practices are next. The rosary, family prayer, kneeling? Perhaps if Mel wanted to satisfy the Times' exquisite religious sensibilities, he should have adopted more orthodox practices like latex, B&D, animal sacrifice, or yoga.

Tuesday, March 04, 2003

God Is An Anarcho-Capitalist A Heretical Hypothesis on Liberty

Both believers and unbelievers in God seem willing to continuously quote Matthew 22:21 as the basis for secular government, and wisely so in my opinion, as far as government is concerned. The verse linked, which is an answer to a question posed to Jesus about payment of taxes, and references whose portrait and inscription appears on a coin, states,

[Matthew 22:17-21 quoted for fuller understanding and translation changed to the KJV for esthetics.]
"17: Tell us therefore, What thinkest thou? Is it lawful to give tribute unto Caesar, or not?
18: But Jesus perceived their wickedness, and said, Why tempt ye me, ye hypocrites?
19: Shew me the tribute money. And they brought unto him a penny.
20: And he saith unto them, Whose is this image and superscription?
21: They say unto him, Caesar's. Then saith he unto them, Render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's."


Since JC's skills as a rhetorician were unaffected by the fact that he was human, it's important to note what this remark doesn't say. He was clearly trying to be ambiguous to avoid the trap his enemies had set for him. His statement doesn't take a position on the question "Who is Caesar"? and it doesn't really supply a definitive answer to the question "What, specifically, is Caesar's"? Pretty slick -- as one would have a right to expect. For his listeners, the phrase "things which are Caesar's" could be taken either way. And in our era, the replacement of Caesar with sovereignty by "all of us" in some nations leaves open the possibility that if "we are Caesar", we can render to ourselves. Not a justification for government in any case.

Now Improved Clinch goes on to quote the excellent verses from Samuel:

"And the LORD said unto Samuel, Hearken unto the voice of the people in all that they say unto thee: for they have not rejected thee, but they have rejected me, that I should not reign over them. This will be the manner of the king that shall reign over you: He will take your sons, ... he will take your daughters, ... he will take your fields, ... he will take the tenth of your seed, ... he will take your menservants, and your maidservants, and your goodliest young men, and your asses, ... He will take the tenth of your sheep: and ye shall be his servants." -- First Book of Samuel, Chapter 8, Verses 11 to 17. [My condensation]

I guess having a King is a rejection of God.

In addition to those there are quotes like:

"In those days there was no king in Israel, but every man did that which was right in his own eyes." -- The Book of Judges, Chapter 17, Verse 6.

And King David's punishment for the major sin of conducting a census:

[1] And Satan stood up against Israel, and provoked David to number Israel.
[3} ... but, my lord the king, are they not all my lord's servants? why then doth my lord require this thing? why will he be a cause of trespass to Israel?
[7] And God was displeased with this thing; therefore he smote Israel. 1 Chronicles 21.

And then we have JC's discussion of jurisprudence from Matthew 18

Here's his idea of conflict resolution:

15: Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother.
16: But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established.
17: And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.

In other words -- disfellowship the ultimate punishment. A pretty anarchist idea.

A "publican" was a tax farmer BTW. For those unfamiliar with this species of insect, a tax farmer was someone who placed a bid with the central government as to how much he would pay in cash for the right to collect the taxes from a given district. He then got to tax the residents for all he could get. His profit was the difference between amount paid to the central government and the amount he managed to extract. Publicans occur throughout the gospels whenever JC or someone wants to think up the worst form of humanity they can imagine.
Gods and Generals Redux
Professor Volokh speaks about the phrase "under God" in the Pledge of Allegiance. I differ.

But I hope that our soldiers are not being asked to defend the one item that the Ninth Circuit said may not be included in the teacher-led Pledge, which is our nation's being "under God." Theologically speaking, I don't think they can defend this, since our nation is or is not under God whatever our soldiers might do. Practically speaking, I don't think it's wise for us to be fighting wars over "under God." Morally speaking, they ought not be required to defend this. We can exhort our soldiers to believe in "liberty and justice," and even demand that they do so; and we can rightly say that a soldier who doesn't believe in liberty and justice is a worse American than one who does. But we ought not exhort our soldiers to believe in God, we may not demand that they do so, and atheist, agnostic, polytheist, or pantheist soldiers are just as worthy as monotheist ones.

I'm not sure that we can or should demand that our soldiers believe in "liberty and justice" either. Wouldn't such an exhortation suffer from the same 1A problems as God apparently does. After all what about our communist soldiers, socialist soldiers, Democrat soldiers, Republican soldiers, etc. They can't all be forced to profess libertarianism.

Which raises the general question of modern Church-State law in America -- why is religion unique? Apparently a government school is free to teach socialism or psychology as "truth" but not anything officially designated "religion". Indeed, many government schools do teach these belief systems (perhaps to the detriment of their pupils). One could make a whole list -- feminism, environmentalism, pedagocracy (to coin a word), esthetics, the political and moral superiority of the oppressed, etc. -- of belief systems that can (and are) taught in government schools without constitutional problems. Conservatives claim, in fact, that the schools are teaching the "religion of secular humanism" and it may be so. They certainly inculcate strange belief systems in their children (one reason I never sent mine to such institutions).

Now in the reverse case -- privileges for religion -- the Supremes in the two major conscientious objector cases UNITED STATES v. SEEGER, 380 U.S. 163 (1965) and WELSH v. UNITED STATES, 398 U.S. 333 (1970) determined that non-religious objections to all war - even a well-developed political philosophy in Welsh - was sufficient to give rise to CO status.

Why then is religion treated differently from other philosophies in government schools? Now it would be impossible to ban teaching of all philosophies (science, for example) in school so it seems to me that one must either end government education or end the discrimination against a single form of philosophy.

Sunday, March 02, 2003

MP apologizes for 'bastards' remark

Wednesday, February 26, 2003

OTTAWA -- A Liberal MP quickly apologized Wednesday after making an offensive offhand remark about the United States.

Carolyn Parrish was walking away from reporters after expressing frustration about the likelihood of war in Iraq when she said in mock exasperation: ''Damn Americans, I hate the bastards.''

But can Americans be bastards if no one else can? And is it appropriate for a Canadian elected official to make a religious statement concerning the status of the soul of another.

Lost in all the anger and angst about this remark is the peculiarity of a hard left MP using such a politically incorrect word as "bastard" or a religious term like "damn".

Persons of her ilk aren't even allowed to call bastards bastards these days. Since in modern law "[o]bviously, no child is responsible for his birth..." bastardy has been eliminated. Which would suggest that "Americans" must be free of that ancient stain as well.

And as for her claim that Americans are bound for Hell, I can't imagine that this is the official position of the liberal party.

I think perhaps that she should make an attempt to update her invective. Safer to call us fascists or racists or something.

Wednesday, February 26, 2003

So in December 1992, I was in a meeting on the 68th floor of One World Trade Center to discuss the business resumption plan of an organization with which I had a contract. The discussion turned to possible threats that might cause us to need a business resumption plan. Natural disasters were thought of as the major risk. Lower Manhattan is at risk from ocean surge flooding and earthquakes are possible. Someone finally mentioned terrorism as a possibility. The consensus seemed to be that that risk was low. I pointed out that, even though we were then apparently at peace, war was also a risk.

Two months later, terrorists detonated a bomb in the basement of the building we were meeting in.

Nine years later, the whole complex was destroyed in an attack which can only be characterized as an act of war.

I was as surprised as anyone.

Monday, February 24, 2003

The 1993 Bombing of the World Trade Center in New York City

Wednesday 26 February 12:18 PM EST is the 10th anniversary of the World Trade Center bombing.

The attack killed six people and injured over a thousand.

Killed were John DiGiovanni, Robert Kirkpatrick, Stephen Knapp, William Macko, Wilfredo Mercado, and Monica Rodriguez Smith and her unborn child.

Here is the [now destroyed] memorial to that bombing:

Its inscription read:

On February 26, 1993, a bomb set by terrorists exploded below this site. This horrible act of violence killed innocent people, injured thousands, and made victims of us all.

Thanks to the International Foundation for Art Research website.

A one-foot-square fragment of marble from the memorial was recovered from the WTC site and will be used in a temporary memorial [New York Times -- Registration required].

Most of the 1993 conspirators have been tried and are in prison. None received the death penalty because they were tried in the Southern District of New York whose juries are reluctant to impose that penalty.

From The Guardian: A new breed of terror

As an FBI helicopter took him to a cell on Manhattan, Bill Gavin, the head of the FBI in New York, leant forward and eased [Ramzi] Yousef's blindfold away from his eyes. "Look down there," he said to Yousef, gesturing towards the twin towers. "They're still standing." Yousef squinted and looked out of the window. "They wouldn't be if I had had enough money and explosives," he replied defiantly.

Bibliography of the 1993 Bombing of the World Trade Center

Best book is the out-of-print Two Seconds Under the World: Terror Comes to America - The Conspiracy Behind the World Trade Center Bombing by Jim Dwyer, Deidre Murphy, Peg Tyre, David Kocieniewski.
----

Thou shalt not be afraid for the terror by night; nor for the arrow that flieth by day; Nor for the pestilence that walketh in darkness; nor for the destruction that wasteth at noonday. A thousand shall fall at thy side, and ten thousand at thy right hand; but it shall not come nigh thee. -- The 91st Psalm

Friday, February 21, 2003

So I was watching Guilty by Suspicion the other day and noted that lefties oppose some coerced Congressional testimony (by the Hollywood 10 -- for example) but favor it when the targets are people like Imelda Marcos' lawyers (Congress decided that Attorney-Client Privilege doesn't apply to Congressional testimony), or Ken Lay, or Martha Stewart. Shouldn't one oppose all coerced testimony or support (at least the right of Congress to coerce) all?
I've got my biometric national ID -- do you?

I say national ID not national ID card because it's not a card. I spend a lot of time thinking about the concept of National ID and it occurred to me that anything that identifies you as a national (of a country) is a national ID.

Now, not to change the subject, my mother is a paper magnet. She was cleaning out her house recently and dumping whatever she could on her children. She sent me my file. Sort of a TIA Data Mining file; mother style. It included my original birth certificate, the hospital bill for my birth ($75.00), some kind of hospital record with my footprint, and my baptismal certificate. Every piece of paper indicates that all events occurred in California.

Now that file constitutes genuine, legal, biometric, proof of my nationality and my identity. I think I'll start carrying it around in case anyone asks me to prove that I exist.

Wednesday, February 19, 2003

New York Sun and Treason continues...
Prof Volokh at The Volokh Conspiracy commenting on the Sun controversy:

MORE ON THE NEW YORK SUN: Best of the Web recently came to the defense of The New York Sun's "antiwar speech as treason" editorial; Brendan Nyhan in SpinSanity has a quite persuasive response to that defense, as does Jesse Walker in Reason's Hit & Run. I generally very much like Best of the Web, but think that on this point its author erred.

I'm not sure I understand. Accusing the opposition of treason is a traditional part of robust American (and most other) political discourse. I gather that Best of the Web was arguing that if lefties can attack us with excessive rhetoric, we can attack them the same way. After all, many marchers are accusing the current US administration of war crimes and crimes against humanity ("Hitler" comparisons). Accusing the government of this sort of behavior is the exact equivalent of accusing individuals of treason. Note that both sorts of crimes can be punished by death.

The beauty of the Net is that it has restored vibrant disputation after a century of boring monopoly media. I have long predicted that this new culture would infiltrate backwards into traditional media and that seems to be happening. Seems like a good thing to me.

I'm sick and tired of having to treat those I think of as commie scum with kid gloves because it's not somehow "nice". They certainly don't treat me that way.

Friday, February 14, 2003

Complaints spur name change for school play

Technical High School students involved with the play "Ten Little Indians" will make some changes to tonight's opening after people complained to the school's administration about the title.

The administration asked the artistic director to explain before the play begins that the title isn't meant to offend American Indians. The program will be printed with "And Then There Were None," the name of the Agatha Christie book on which the play is based, in large print and the title in small print.

That was, of course, the American title of Agatha's novel. The British title was "Ten Little *******." [Fill in the plural of a dialect variation of the Spanish word for black.] If the students had used *that* title, they'd be hung.
What Would Jesus Shoot?

Rio De Janeiro, Brazil (CNSNews.com) - Religious leaders and politicians here are protesting a group that wants to portray Jesus Christ carrying a revolver and causing the death of a child. The portrayal is to take place during Rio's Carnival celebration, which starts later this month.

Collateral damage during a shootout with Satan.

I'm not sure Christ would carry a revolver, however. I think he'd be a large frame semi-auto man. Maybe even a Streetsweeper for his famous intervention in the foreign currency markets of Temple of Jerusalem.
Guns & Duct Tape on Curtis & Kuby WABC Radio

On WABC radio in NYC this morning, Curtis Sliwa (head of the Guardian Angels) and Ron Kuby (radical lawyer, communist, and partner of the late William Kunsler) were chatting about terrorist attack preparations. Ron repeated his point that guns and plenty of ammo were the most important part of any emergency survival kit.

Ron's classic quote: "Guns will get you through times of no duct tape better than duct tape will get you through times of no guns."

Thursday, February 13, 2003

Man[Person]-eating lions dine on ecotourists


Ecotourists are helping nature in an unexpected way - by becoming "fast food of the bush" for man-eating lions, it was claimed today.

Reports of lions eating humans are increasing in Africa, and one reason may be more tourists camping on the big cats' doorstep.

Craig Packer, of Minnesota University, told New Scientist magazine: "There have been a fair number of attacks on humans in the last couple of years, including some in South African camps.

"The problem is, there is a growing number of camps putting people in the bush right next to lions."

Ah the glory of nature. Gaia detects an excess in certain populations and as "though by an invisible hand" acts to readjust the balance.
Instapundit Exclusive--Sauron Lives!

THE LOCAL CHAPTER OF EARTH FIRST! has partially covered a billboard for "Hooters" with this sign reading "Frodo Has Failed -- Bush Has The Ring." (A couple of them -- looking very chilly -- are "occupying" the sign, as you may be able to make out on the lower right. And yes, this is actual, firsthand photojournalism here on InstaPundit.)

So, let's unpack this. EF! is claiming that George Bush is Sauron. But Sauron, as all right thinking persons know, is a non-human, dark-hued practitioner of an alternative faith/lifestyle who is oppressed by humans and their Elven and Hobbit running dogs. They all appear in a series of novels written by a racist, misogynist, Christian for g*d's sake. Sauron was the good guy, wasn't he? Or at least misunderstood.

Does that make W our second Black (or at least Dark) President?

Wednesday, February 12, 2003

Surviving the Khmer Rouge

Francois Bizot is thought to be the only Westerner to survive Khmer Rouge imprisonment during their genocidal control of Cambodia in the 1970s.

The book he wrote in 2001 on his experience, 'The Gate', has been recently published in English.

He's teaching at the Sorbonne. By all means listen to this short actuality from the BBC.

He talked to the BBC's East Asia Today programme about his horrific ordeal, and his relationship with his interrogator, the notorious Khmer Rouge leader [actually their chief torturer] known as Duch.

The interview and the book are full of "banality of evil" sorts of quotes. "When I saw the killer's mask drop from him, what I saw behind the mask was not a monster...I saw someone looking like myself." Translation -- Duch was an idealistic, communist academic who naturally found himself torturing people. Just like "us" or like those of us who are idealistic communist academics.

"What I learnt from Duch and the torturers was that, altogether the good and the bad are in ourselves."
Truth Detector: Who's Mean-Spirited Now, Esquire?
So Eric Alterman has apologized for the following remark in an Esquire piece:

ESQ: "As a liberal who do you find more objectionable, Bill O'Reilly, Chris Matthews, or Rush Limbaugh?"

Alterman: "No question it's Limbaugh. He has an army. O'Reilly and Matthews are entertainers. I don't think anybody would follow the other two into a fire, but Limbaugh is different. The lack of civility that he demonstrates toward liberal politicians is really dangerous to our political public. I hate to say it, but I wish the guy would have gone deaf. I shouldn't say that, but on behalf of the country, it would be better without Rush Limbaugh and his 20 million listeners."

But lost in the reaction to the remark is that Rush is, in fact, profoundly deaf. He has regained hearing bionically but he's still deaf. An interesting case because he apparently got almost as good results as it's possible to get from his implant. Many people have problems with the devices. I would guess it's because he spent 35 years listening to people and sounds coming to him over headphones and he had to interpret them. We are what we do. Whatever we spend time doing our brains change to facilitate the doing. Action begets physical transformation of the circuitry.

I wonder what Alterman means by the phrase "danger to our political public". Does Rush encourage assassinations? What about his affect on our non-political public? Just wondering.

How to Invade Iraq Without Violating the Non-Aggression Principle (In case you felt the need to)

1) Fire the 82nd Airborne and abandon Fort Bragg.
2) The 82nd Airborne finds itself in the vicinity of a great deal of abandoned land, equipment, and ordinance and sees the entrepreneurial opportunities.
3) The 82nd Airborne begins to mix its labor with the soil and homesteads the former Fort Bragg. Sells naming rights on the open market. Fort Bragg becomes Fort Viacom.
4) Motivated by the need to meet payroll costs for 14,000 trained troops, the 82nd Airborne forms a joint stock company and issues shares (NASDAQ Ticker AIRB). Retains name "82nd Airborne" to preserve powerful brand identity.
5) Forms joint undertaking with ExxonMobile (XOM), Shell Oil (SC), and British Petroleum (BP) to prospect for under-exploited oil reserves in the Middle East.
6) Identifies oil development opportunity in land claimed by the so-called Government of Iraq (an outlaw entity that claims to rule territory by threat of force).
7) Cuts a deal with the recently privatized 25th Infantry Division
8) Lands forces in unoccupied territory.
9) Brings the oil fields of "Iraq" into a regime of private ownership by mixing their labor with the soil and converting them from unowned to owned property.
10) Are attacked by the armed forces of the self-styled "Government of Iraq".
11) Blows away the attackers thus preserving their property rights.
12) Note the absence of non-aggression axiom violations.

For those who doubt that a Libertarian Anarchist can legitimately violate the (nonexistent) national sovereignty of a nation without violating his principles, I can only point out that L. Neil Smith's The Probability Broach features an "invasion" of Germany by a 1000 airship fleet from the North American Confederacy and also an accepted claim by the Hamiltonian invaders from an alternate timeline that free societies can't object to armed groups entering their (non) territory. I would think that LNS qualifies as a moderately pure libertarian.

Economists' statement opposing the Bush tax cuts

But do these economists support tax increases? Some do presumably even though our tax burden (Federal + State) is more or less as high as it's ever been. But what about the rest? If they don't support Bush's tax cut then they are supporting a tax increase for most Americans. That's because the State governments are busy increasing their already record-setting tax burden.

So you've got a choice. Support offsetting Federal tax cuts or favor a tax increase at this point in the business cycle.
Sex, Drugs and Rock 'n' Roll
The latest in a series from the WSJ on the various flavors of "Conservatism." I guess that that pedagogical purpose justifies an Introduction to Libertarianism that would have been more suited to 1973 or 1983 than to 2003. Too bad Ms. Lee took a rather unnuanced approach to the subject.

Let's parse this puppy:

Sex, Drugs and Rock 'n' Roll
Libertarians have more fun--and make more sense.

BY SUSAN LEE
Wednesday, February 12, 2003 12:01 a.m.

...Libertarianism is simplicity itself. It proceeds from a single, quite beautiful, concept of the primacy of individual liberty that, in turn, infuses notions of free markets, limited government and the importance of property rights. In terms of public policy, these notions translate into free trade, free immigration, voluntary military service and user fees instead of taxes....

...To libertarians, on the other hand, the model of a free market functions as a template for all things. Not only does the market operate as a continuous process for sorting through competing ideas as well as goods, it also allows each individual to express himself or herself....

A number of comments in the essay like this one suggest that libertarians' support for liberty is utilitarian. That we are all Benthamites because freedom is the best way to (self-organize) society. That has been part of libertarian philosophy but most libertarians base their politics on natural rights/natural law not utilitarianism. Mill not Bentham. We support the free market not because of efficiency but because a free market is what happens when individuals' freedom of action is not politically constrained. Libertarians focus more on the morality of liberty than its efficiency.

...Libertarians are not comfortable with normative questions. They admit to one moral principle from which all preferences follow; that principle is self-ownership--individuals have the right to control their own bodies, in action and speech, as long as they do not infringe on the same rights for others....Libertarians do not concern themselves with questions of "best behavior" in social or cultural matters.

Here libertarianism is given too much and too little in the same paragraph. Too little because libertarianism is one of the most highly normative political philosophies. As political philosophers, libertarians can quickly and easily test various political proposals against the non-aggression axiom and downcheck everything from the Securities and Exchange Commission to the Civil Rights Act of 1964 to the local Vector Control District (free those vectors!). On the other hand, the author gives libertarianism too much by stating that libertarians don't propose norms of best behavior in social matters. This assumes that libertarianism in a "complete" philosophy. It's not. Libertarianism qua libertarianism is only a political philosophy and lacks theories of esthetics, ethics, theology, epistemology, and personal behavior. Libertarians as individuals are perfectly free within their political philosophy to espouse white supremacy, pacifism, private ownership of nuclear weapons, Anglo-Catholicism, atheism, the worship of Shiva, vegetarianism, the Atkins' Diet, grammatical prescriptivism, progressive education, etc.

By contrast, conservatives are comfortable with normative issues....These values are not the result of the agnostic process of the free market; they are ontologically inherent. Because conservatives assume that there is a recognizable standard of excellence...For example, they argue that the state of marriage between a man and a woman possesses great virtue. And they can go on to distinguish lesser states of virtue in other types of relationships. This process of distinguishing isn't an entirely epistemological argument, however; it is based, in part, on tradition and, in part, on sociology taken from assumptions about "best behavior."

Libertarians believe that marriage between a man and a woman is just one among other equally permissible relationships; ...Conservative thought proceeds from absolutes, hierarchies and exclusivity. Libertarian thought promotes relativism and inclusiveness--although, admittedly, this tolerance comes from indifference to moral questions, not from a greater inborn talent to live and let live....

I can't tell here whether the author is accusing conservatism of the sin of epistemology or reliance on authority or what. Actually, both conservatism and libertarianism have a long tradition of committing both sins. Aristotle is beloved of libertarians and conservatives. Aquinas and C. S. Lewis both used logic and epistemology in their explorations of theology. Lewis' argument against priestesses in the [Roman or Anglican] Catholic Church and Robert P. George's contemporary argument against same-sex marriage are rigorously based on the proposition that such arrangements are not wrong but logically impossible. On the other hand, libertarians have also sometimes relied on tradition (The Enlightenment and the Founding Fathers) and sociology (utilitarianism) in butressing their arguments.

All this falls to the bottom line in obvious ways. Conservatives are against gay marriage, they are often ambivalent toward immigrants, and patronizing toward women; they view popular culture as mostly decadent and want to censor music, movies, video games and the Internet. They crusade against medical marijuana. For their part, libertarians argue for legalizing drugs; they are in favor of abortion and against the government prohibition of sex practices among consenting adults. They abhor censorship. In the conservative caricature, libertarians believe in sex, drugs and rock 'n' roll--but it is not far from the truth. Unfortunately, these debates are often animated by the fact that conservatives see libertarianism only as the face of what it defends: transgendered persons adopting children, video games of violent sadism and, yes, cloning. Simply put, the shocking and repellent decline of civilization. But for libertarians, these are merely some of the many aspects of a civilization that is advancing through vast and minute experiments. The exercise of freedom trumps the discomforts of novelty.

Libertarianism (as discussed here) is not a lifestyle choice. I know plenty of libertarians who have conservative or even reactionary social views. There are also conservatives (the Amish, for example) who eschew government authority and practice their traditionalism on the basis of voluntary organization. The real argument is between conservatives and "liberals" who favor a central, coercively organized social system and conservatives and liberals who favor voluntary arrangements.

...Now, few doubt that Hayek has won and that the economic argument has been settled in favor of free markets. What remains is the battle over politics and culture. One down, two to go.

I hope the battle of economics has been won. The remaining battle is purely over politics and that is not going well (since governments continue to grow in size and power). There can't be a battle over culture since absent political intervention, traditionalists will be able to live as they choose. No battle. A traditionalist PUD would be able to exclude gays and the godless at will and discriminate against decadence on any grounds it chose. If the more extreme libertarian anarchists were to win the political battle, a pro-life PUD could even punish abortion by death (among its population) if it was so organized. The "culture wars" are only a problem because governments can attempt to impose the ideas of one side or another on everybody. It's better to think of the conflict as being between monopoly and choice rather than as being between tradition and post modernism.

Monday, February 10, 2003

Official Taxpatriates Page

Every quarter since the end of 1996, the US Internal revenue Service has published a list of US citizens who have renounced their citizenship. As of the 4th quarter of 2002, 4159 names have appeared on this so-called taxpatriate list.

I just updated (more or less) my Official Taxpatriates page. In spite of its name, the Page itself is not official. Only the Lists are (and indeed are linked from the online version of The Daily Newspaper That Rules our Lives aka the Federal Register).

The .csv taxpats database has been updated but I have yet to update the JFILE and MobileDB versions. Is there anyone other than myself carrying the Taxpats list around?

CPO SPARKY is defending the Relocation of the Japanese from the US West Coast during WWII. Thanks to Instapundit for the link:

Some Facts (Not PC Shrill) on the Relocation of Japanese During WWII

The terms "internment" and "relocation" are often confused and used interchangeably. By law (an over 100-year-old Federal statute), no U.S. citizen could be "interned." That term applies only to detention of enemy aliens. When interned, enemy aliens were placed in Department of Justice camps under Army control. The people who were interned were considered threats to national security, subject to judicial review, and were allowed to have their families accompany them on a voluntary basis. Only some 11,229 Japanese (plus 5,620 Nisei who renounced their U.S. citizenship) were interned, along with 14,426 Germans, Italians, and other enemy aliens.

Evacuees were altogether different: those that were relocated were allowed, at least initially, to go anywhere they wanted in the interior. Note, also, that those of Japanese heritage who lived outside the Military exclusion area (California, the western half of Washington and Oregon, and southern Arizona) were not sent to relocation centers, although many of Japanese heritage living outside the exclusion area did request to be allowed to move into a center.

However, to suggest that 120,000 people were "locked up" as Mr. Floyd Mori suggests is, to use his own words, "outrageous and uneducated" and "patently incorrect."

Then perhaps CPO SPARKEY can explain why Mitsuye Endo had to file a Habeas Corpus petition to get out of her "Relocation Center" if she was in it voluntarily.

Mr. Justice DOUGLAS delivered the opinion of the Court.

This case comes here on a certificate of the Court of Appeals for the Ninth Circuit, certifying to us questions of law upon which it desires instructions for the decision of the case. Judicial Code 239, 28 U.S.C. 346, 28 U.S.C.A. 346. Acting under that section we ordered the entire record to be certified to this Court so that we might proceed to a decision, as if the case had been brought here by appeal.

Mitsuye Endo, hereinafter designated as the appellant, is an American citizen of Japanese ancestry. She was [323 U.S. 283, 285] evacuated from Sacramento, California, in 1942, pursuant to certain military orders which we will presently discuss, and was removed to the Tule Lake War Relocation Center located at Newell, Modoc County, California. In July, 1942, she filed a petition for a writ of habeas corpus in the District Court of the United States for the Northern District of California, asking that she be discharged and restored to liberty. That petition was denied by the District Court in July, 1943, and an appeal was prefected to the Circuit Court of Appeals in August, 1943. Shortly thereafter appellant was transferred from the Tule Lake Relocation Center to the Central Utah Relocation Center located at Topaz, Utah, where she is presently detained. The certificate of questions of law was filed here on April 22, 1944, and on May 8, 1944, we ordered the entire record to be certified to this Court. It does not appear that any respondent was ever served with process or appeared in the proceedings. But the United States Attorney for the Northern District of California argued before the District Court that the petition should not be granted. And the Solicitor General argued the case here.

This case was decided the same day as Korematsu (which upheld the exclusion zones). Here the court decided that once the Feds excluded the Japanese, they had to let them go. Obviously not a view shared by the Feds or the War Relocation Authority because they didn't let anyone go (except into the armed forces) prior to this decision.

More in my next post on MAGIC intercepts, etc.

Friday, February 07, 2003

NYC Group Give Away Toy Guns in Protest

Friday February 7, 2003 4:00 AM

NEW YORK (AP) - The Manhattan Libertarian Party conducted a ``Guns for Tots'' toy giveaway Thursday outside a public school in protest of a city bill that would ban the imitation weapons.

Mayor Mike Bloomberg interviewed, Friday, on WABC radio was upset as well. He claimed to be unable to understand why people would think or behave "like this". On the other hand, libertarians can easily understand why Mayor Mike would think and behave as he does. The advantage of outsider status I guess. Greater understanding.

I hope that the City Council toy gun ban has exemptions for museums, collectors, and New York's toy industry the way bans on real guns often do.

There are probably quite a few toy guns in museums and private collections in NYC. NYC is also the center of the American toy industry. I wonder how one can be expected to design and market toy guns without possessing them? But presumably that's the point.
Jacko Talks About His 'Disturbing' Life
Which reminds me of the old joke:

Young Man in Confessional: Father, is it really a sin to sleep with a girl?

Priest: No, my son. It's not a sin to sleep with a girl but the problem with you young people is that you don't just sleep.

Wednesday, February 05, 2003

Librarian's Dilemma

The editorial explains that some libraries have responded to the USA Patriot Act by deleting records so the government can't get them.

I do find the attitude it reflects pretty disturbing, especially given that (as I understand it) at least one of the Sept. 11 hijackers used a public library computer to make his flight reservations for 9/11/01. The thinking seems to be that national security investigations to stop terrorism are a greater threat to America than terrorism itself, such that it's better to have the FBI come up with nothing than to allow the FBI to collect evidence successfully.

This is not restricted to libraries. There has been a long debate about the use of encryption and other technologies to preserve privacy and anonymity online. Some ISPs offer various levels of anonymity and delete logs to facilitate the process.

Arguments in favor of this practice take several forms:

1) Government agents are more dangerous than the persons they seek. Governments killed many more people in the 20th century than did anyone else.

2) Since most federal government law enforcement actions do not involve defense of the realm against foreign enemies or prevention of Common Law (and hence serious) crimes one should not be expected to surrender various liberties in service of a lesser (or non-existant) value. Note that if something wasn't a crime at Common Law it can hardly be a serious breach of anything. They were bright people and would have noticed the problem. Immigaration, money laundering, drugs, taxes, administrative violations, etc. make up the bulk of Federal LE activities. Not crimes at Common Law so not serious. If the Feds restricted themselves to serious crimes maybe we'd care less about giving up privacy.

3) The Zone of Privacy arguement.

Overlooked Advantages of ID Requirements

ID requirements and the various proofs of this and that that our rulers expect us to present these days are not uniformly bad. What's forgotten is that some of these requirements are for things we may not want to do anyway and the lack of "appropriate documentation" provides us with a good defense to charges that we failed to do something that they desperately want us to do.

For example, the fine public schools or the Northeast have imposed all sorts of ID requirements on new students for fear that children from other districts will sneak into town and steal the fabulous educations they offer. Parents have to present utility bills and various forms of ID to establish local residency. Those who lack the required proofs, cannot register their children in school. This means that they can hardly be charged with truancy since they may lack proof of residence in any school district.

If the PO requires ID to mail packages (as some now do) then private alternatives start to look better. Encourages the use of UPS & Fedex.

If you lack picture ID (either permanently or temporarily) and are ordered to appear in court as a juror or a witness or in a civil matter, you can point out that you are unable to comply because you lack ID and thus cannot enter the courthouse.

Likewise for meetings in Federal buildings with employees of the Federal Government with whom you would rather not meet. Should get you through one round of excuses in any case.

Our rulers have not yet required us to have ID, period, but have only required us to have ID if we want to indulge in certain activities. So if we'd rather not play, they can hardly punish our lack of ID and the accompanying lack of ability to comply with their orders, can they?

I'm sure that in practice they will think that they can expect us to obtain ID and then present it to comply with their orders to do things but it would make for some interesting converstions.

Tuesday, February 04, 2003

Instapundit.com:

DANA BLANKENHORN EMAILS: "Two words -- Space Elevator." Sounds good to me. He didn't like my paper-ballots piece much, though. Oh, well.

Great idea! until you get to the punchline of the joke, "The bad news is that you get to write the Environmental Impact Statement."

Thursday, January 23, 2003

Meme Watch: Return of the Lucky Duckies - The Journal re-enters the tax-the-poor fray. By Timothy Noah
From Slate

If poor people who don't pay income tax will never understand the misery endured by rich people who do, then it is not enough that "everybody should pay less in taxes," because lowering everybody's taxes would still leave taxpayers paying infinitely more in taxes than non-taxpayers. The only way to solve the mathematical puzzle is to either

1) lower the income-tax rate on everybody to zero and eliminate the federal government altogether;

2) disenfranchise poor people;

or

3) raise taxes on poor people.


Noah is showing a failure of imagination here. Another possibility would be to just eliminate the Federal Income Tax. It doesn't contribute that much to federal revenues these days. If we cut federal spending back to the 1990 level (just like Kyoto wants us to cut carbon fuel use back to that year) we could do without it. I could make the cuts myself with a few hours and a spreadsheet if our leadership lacks the courage. Easy.

Sunday, January 19, 2003

Saw Analyze That and Two Weeks Notice last week. Both were filmed in post-attack NYC. The Manhattan scenes were all shot on the East side of lower Manhattan. Not the usual location used in the past. I sense they were trying to avoid certain locations. Too distracting!

Wednesday, January 15, 2003

Police Detainment of a Patient Following Treatment With Radioactive Iodine

We recently treated a 34-year-old man for Graves disease with 20 mCi of iodine 131. Twenty-four hours after treatment, his radioactive iodine uptake was 63%. Three weeks after treatment, he returned to our clinic complaining that he had been strip-searched twice at Manhattan subway stations. Police had identified him as emitting radiation and had detained him for further questioning.

Another reason to avoid public transportation!

Interesting search and seizure question presented. One can decline an airport search by choosing not to fly. Can one decline a subway search by choosing not to travel? Does the emission of radioactivity provide sufficient suspicion or probable cause for a so-called Terry Stop by police? Who knows?

Tuesday, January 14, 2003

Vanity Fair Magazine Cover - "The Fire and Passion of Salma Hayak"
How will you know when right wingers have come to dominate the media and pop culture?

Easy. When Vanity Fair runs a cover story like "The Fire and Passion of Salma Hayak" but instead of having just played a bisexual Stalinist of Color in the movies, the featured well-endowed actress has just played the lead in the Phyllis Schlafly biopic.

Friday, January 03, 2003

The Volokh Conspiracy

Interesting: When was the land of the free doing better than now? 1948, when blacks weren't free to use the same public schools or public restrooms as whites? 1948, when neither whites nor blacks were free to marry the other race? 1948, when one fundamental right of the post-feudalist order -- the right to vote -- was denied to millions of blacks? 1948, when the First Amendment that the column so praises was on balance considerably less protective than it is today? 1948, when state governments were routinely denying basic Bill of Rights protections to blacks (and, to a considerable extent, to whites)? Or, if you want to go before the income tax and the direct election of senators, 1900, when pretty much all the same was done? 1860 or before?

Seems to me that, race preferences, growing federal power, and the occasional excesses of the Left notwithstanding, we are in most important ways more free now than we ever have been in the past. But in any event, it's certainly wrong to say, as the column says, that we're on balance vastly less free now than we have been in some mythical imagined golden age.

One can argue that we're better off than in the past but you can't logically argue that we are freer. It's a simple mathematical calculation. Once one is no longer legally "the poorest chained serf in the field" one is free and if there are few other regulations one is very free. The legal status of the "median American" has to be less free today than 50 or 100 years ago simply because of the higher tax burden and the millions of regulations than exist now but that didn't exist then. In 1948 if you earned a a very solid middle class income of $100 a week, you kept $97 (97%) of that after taxes. In 1900 there were fewer laws and regulations by a factor of 10 or more.

This is not to argue that that was a golden age or that we were happier, healthier, or wealthier then. It is merely to argue that we were feer. [I speak, of course of freedom in the political sense.] And the right to attend government schools and vote is not part of the definition of freedom. Political freedom is the right to act without government restraints We are much more restrained these days than Americans were 50 or 100 years ago. Even "Victims of Color" and "Womyn" were freer in the sense of fewer legal restraints although they may have had a few more than other population groups.

Those who make this argument can only list a few examples of political liberation since 1900 while I can easily list thousands or hundreds of thousands restraints imposed on us since then. In fact, why don't I start a list on this blog and see how many invasions of freedom I can list together with how many increases in freedom I can think of. Political freedom only, of course. Perhaps I could interest someone from the "increased freedom" camp to take up their half of the burden.

I posted a longer version of this argument in response to a similar column by Jonah Goldberg of National Review Online:
Americans Enjoy More Freedom?

Friday, December 20, 2002

"I favor discrimination on the basis of race, creed, color sex, age, alienage, previous condition of servitude, recent interstate travel, health, handicap, sexual or affectional preference, marital status, Vietnam-era veteran status, economic status, political philosophy, appearance and anything else I can possibly think of."

Wednesday, December 04, 2002

Libertarian Gay Marriage
The whirl of Stanley Kurtz, Thomas Sowell, Arthur Silber, & Julian Sanchez in a big Conservative-Libertarian argument on Gay Marriage.

If we could have imagined it, we would have warned you that this would happen back in the 19th Century when Dom Rel Law was nationalized. But we could never have guessed. We should have left Dom Rel to the Church where it belonged. Particularly since this would now be "churches". Politicization is an ugly thing to behold.
Gays in the Military

I think there's a difficult and important empirical question here -- would allowing openly gay soldiers in fact materially interfere with the morale, cohesion, and thus effectiveness of the armed forces? I know that I know very little about the answer to this question, and thus can't have anything remotely approaching a truly informed opinion.

How's this for empirical evidence on the question:

Thought experiment only please!

Take all the armed forces that enlist gays and have them fight all the armed forces that exclude gays. See who wins. My best guess is that the "exclude" forces would win. Although, perhaps, the exclusion doesn't have anything to do with it. Hard to conduct experiments in the social sciences.
Here's one of my old essays that I found while doing disk cleanup:

WHY PRIVACY?

The last few years have been bad ones for privacy in America. As of June 1st, 1987 it became a crime to hire anyone, even your own child, who does not present identification cards. The "drug" laws passed in recent years require ever more detailed reporting of smaller and smaller cash transactions. Any children over the age of two who are to be claimed as dependents on their parent's tax returns now need Social Security numbers. I suppose that with all this new prying there will be less illegal drug use and everyone will pay
their fair share of taxes although past restrictions on privacy did not seem to reduce these problems.

We seem headed for a National Identity Card system. According to government officials promoting ID cards, the main argument in favor of this radical step is that the law-abiding would have nothing to fear from it. This seems a curious argument for the proponents of such a dramatic change in the relationship between the people of the U.S. and their government since it fails to state any benefit for the law-abiding either.

The fact is that the argument is false. The law-abiding have a great deal to fear from all invasions of their privacy by the minions of the state. If the history of this century has proved anything, it has proved that the innocent have far more to fear from government than the guilty.

Why guard the privacy of the innocent (the guilty can and will take care of themselves)? After all the enforcers say, "If you have nothing to hide, you don't need privacy." The answer should be obvious, "The innocent won't know what they have to hide until it's too late."

The reason to value privacy is simply that we know from the most casual reading of the history of Europe that every sort of person has at certain times and in certain places been killed because of what others knew about
them. Over the last 400 years, within the confines of Europe, peasants, workers, aristocrats, bourgeois shopkeepers, Jews, Protestants, Catholics, Communists, Nazis, anarchists, monarchists, and others have faced death simply because of what they were. These people may have gone about their business in seeming safety for years until a change in circumstance marked them for death. By then it was too late for them to hide their selves.

This is why privacy must be valued. It may be that every single one of the millions of current employees of the international, national, state, and local governments who will make use of the information collected about us is a noble human being without a tyrannical bone in his (or her) body but we cannot guarantee the future. The average American has some forty years of life left and forty years is a long time in the life of today's nations. There may come a time within those forty years when innocent information surrendered to the state will mean death. No nation is immune to domestic or foreign tyranny, given the fluid nature of modern politics.

To make the abstract concrete, how was it that the Nazi government of Germany identified Jews for extermination? It proved to be a simple matter of consulting local records. Did the Jewish mother and father in 1880 or 1900 or 1920 realize when they listed their child's religion on birth records in full compliance with the law that they were condemning that child to death? Or what about the passport. Promoted at the beginning of this century as a means of easing international travel and safeguarding the passage rights of
neutrals, it has become a major impediment to international travel and even a threat to life. If one is on board an airliner with armed Palestinian terrorists, would one rather be carrying an American, Israeli, British, Swiss,
or Syrian passport?
Kerry on the Death Penalty

SEN. KERRY: I'm opposed to the death penalty in the criminal justice system because I think it's applied unfairly…and because I'm for a worse punishment. I think it is worse to take somebody and put them in a small cell for the rest of their life, deprived of their freedom, never to be paroled. Now, I think that's tougher.

And here I thought Kerry was some kind of intellectual. Doesn't he know that prison is no punishment for the literate. Boy just give me the chance to finish Napier's History of the War in the Peninsula and France (1808-1815).

Monday, December 02, 2002

DOWNLOADING HAS BECOME ALMOST A WAY OF LIFE

"DOWNLOADING HAS BECOME ALMOST A WAY OF LIFE" on college campuses, the L.A. Times reports in Monday's paper. More specifically, downloading copyrighted works using the university's network has become part of the student culture. This isn't news to those of us who follow these issues, but the shift in attitudes in the last decade still strikes me as remarkable. Thanks to reader Phil Carter for the link.

Those of us who have been personally computing since the '70s do not find this phenomenon so remarkable. We remember a time when software was shipped on copy protected media, millions broke the copy protection, software was copied promiscuously, and eventually copy protection went away. This was a decade before Mr. Bill earned his (sometimes) $100 billion fortune. The software industry and users survived.
Most-ever U.S. moms breast-feed six months

A record share of new American mothers are following the advice that the "breast is best" for babies, a study released today shows.

Presumably the author of the piece meant most in recent decades not most ever since prior to the development of formula breast feeding was even more common than it is now.

This is a common error in contemporary reporting. On NPR this morning, a reporter described Virginia as "one of 7 states that have executed juveniles". Presumably more than 7 states have executed juveniles since the Colonial Era.

Wednesday, November 20, 2002

Americans enjoy more freedom today than ever -- by Jonah Goldberg

Basic argument:

1) Women and blacks are no longer the subject of legal discrimination
2) speech is less restricted
3) Technology makes it possible for Americans to do what they please, when they please, and how they please to (birth control pill, The Internet, cell phones, laptops, and cars)
4) internment of Japanese-Americans during World War II not being repeated. The United States hasn't rounded up whole communities of American citizens.

Then there's the note from The Corner on National Review Online:

Worst Column Ever!
I have to assume many Corner readers will also despise the column. If you want to tell me so, fine. But please give me concrete examples of how your grandparents were demonstrably more free.

One of my favorite topics. First, to dispose of a Strawman, we are speaking of political liberty here. While it's true that technology is very liberating and indeed can allow individuals to make choices in opposition to legal restrictions. Note the technical difficulty of the World's governments in restricting communications these days. But there are plenty of ways in which I'm less politically free than my grandparents.

1) Taxes. Federal taxes are still seizing the highest percentage of the economy in history. About the same as in 1945 when WWII expenditures peaked. And at that time, state and local taxes were very much lower so total tax burden was much lower. W's tax cuts have yet to have much impact on the Federal take and will have zero effect on the states. It's obvious that higher tax exactions restrict one's liberty to spend the dough directly, are directly coercive, and may involve a lot of loss of privacy. When my grandmother worked for Dun & Bradstreet (then Dunn & Co.) in the early '20s, the trolly came by her desk every Friday and the payroll clerk gave her a $20 gold piece with zero withholding. Income taxation involves forcing people to disclose a great deal of personal info to government. Most Americans paid no income tax until WWII.

2) The DMV. When my grandfather started to drive at the age of 12 or so in the San Francisco of 1914, he didn't need a license. When licenses were first issued they were a tax collecting measure. They didn't even test drivers. Then they tested them but did not require any proof of age or identity. Then they started to ask for proof of age and then identity. Since then they've gotten much more "user unfriendly". They are suspending licenses for many "failures" not related to driving. Child support arrears, for example. They have become a popular social control measure.

3) ID requirements in general. In the '20s, 30's, & 40's; SF author Robert Heinlein managed to attend school up through Annapolis; join the Navy; vote; run for public office; and work as a civilian contractor in the Pentagon in time of war; without ever having proved his identity to anyone. He was born before birth certificates. One just said who he was and went on from there. Government ID requirements have become more onerous and involve a loss of freedom.

4) The CFR -- not the Council on Foreign Relations -- the Code of Federal Regulations. People are more free the fewer regulations they have. We have a lot more regulations on us than our grandparents did. The CFR occupies a whole shelf. The Federal Register is a 300 page daily magazine that lists our orders from the Federal government (together with a lot of general bureaucratic nonsense). Then there are the similar books of statutes and administrative codes at the state and local levels. The more pages of these there are, the less free we are. And there are millions more pages than there were when my grandparents were young.

6) Financial privacy -- The Bank Secrecy Act of 1970 outlawed it. My grandparents could walk into any bank, give any name, and deposit any money they cared to. Legal restrictions make this more difficult today.

7) Even the much vaunted social freedoms of today do not represent a huge increase over the 1920s. When my grandparents were young, heroin, morphine, pot, alcohol, and tobacco were all legal and easily available (except pot). They could smoke in the theaters of San Francisco and legally drive with a blood alcohol level of .08. Prostitution, fornication, adultery were not unknown phenomenons and "feelthy pictures" were available -- if harder to find.

Now all of these thousands of laws and regulations may be utterly fabulous and necessary but they certainly reduce my freedom.

Friday, November 15, 2002

Medical Experiment

Over the last two months, I've had occasion to make and keep seven appointments with five physicians in Manhattan. The specialties represented were Internal Medicine, Radiology, Gastroenterology, Urology, and Dermatology. Manhattan physicians are usually very good but their office staffs often leave a little something to be desired. Four of the five offices worked about the same. There were the usual communications difficulties and waits that one becomes used to here. The paperwork and such. Once I was admitted to the presence of the physician, the appointments went well.

One of the five offices however worked much more efficiently than the others. I secured an appointment as a new patient without much phone delay. Staff was unusually articulate. I arrived 15 minutes late and finished my medical history, arranged payment, saw the PA and physician, received a prescription and was out the door a half hour after I arrived. Now it happened that my problem was a simple one but the ease of the transaction owed more to the office than to me. Some of my appointments with the other physicians involved as little MD interaction but the total process was much more involved.

Play a little game. Guess which of the specialists listed above had the most efficient office and why.

Answer -- the dermatologist. Why? Because most of his practice involves patients paying their own money for cosmetic procedures such as laser zapping for veins and wrinkles, botox, peels, liposuction, etc. Not covered by third party payors. Lots of competition on Manhattan's Upper East Side. Office efficiency. Amazing correlation.