Author Archive

Unions versus Workers

Sunday, June 17th, 2007

Although there are necessary limits to popular sovereignty (the Bill Rights is just one list of such constraints), as a general rule, the more fearful any organization or group is of popular sovereignty the less likely it enjoys the full assent of the governed. Many would argue that the requirement that someone join a union in order to work is a violation of the First Amendment’s guarantee of freedom of association. Unions argue that such requirements are necessary because even workers who do not join the union benefit from the collective bargaining carried on by unions on behalf of their membership. It is on this premise that union membership requirements have been maintained.

However, collective bargaining is not the only function of unions. Unions also engage in political advocacy and they use union dues to do so. Some people who were forced to pay dues despite not being union members, particularly those who may disagree with a union’s political positions, were more than a little annoyed that their money is being used in such ways. In 1976, 20 workers who chose not to become members of the Communications Workers of America brought suit against the union. The case took a long time to wind its way up to the US Supreme Court, but in 1988 in Communications Workers v. Beck the US Supreme Court held that the law “does not permit a union, over the objections of dues-paying nonmember employees, to expend funds collected from them on activities unrelated to collective-bargaining activities.” In other words, unions could collect dues from nonmembers for collective bargaining, but it violated the First Amendment to compel these workers to subsidize union political activities.

In 1992 (a little late considering that the Beck decision was rendered in 1988) the first President George Bush issued an executive order which required federal contractors to make workers aware of their rights under the Beck decision. When President Bill Clinton came to office he rescinded Bush’s executive making it more difficult for workers to appreciate their rights. In 2001 George W. Bush signed an executive again requiring federal contractors to inform their workers of their rights. If a Democrat is elected in 2008, the executive order will likely again be rescinded and once again workers rights will be whittled away through obscurity. This coupled with an effort earlier this year by House Democrats to eliminate secret ballots in union elections is a clear indication of how much unions and their political allies respect workers.

Unions are anything if not tenacious. In the state of Washington, a voter-approved initiative required state employee unions to obtain a nonmember’s explicit and affirmative consent to use union funds collected under the auspices of collective bargaining for electioneering. The unions claimed they met this requirement by sending a letter and assuming that no response implied affirmative consent. In a 9-0, the US Supreme court last week in Davenport et al. v. Washington Education Association declined to subscribe to such sophistry.

In all these cases, one has to wonder why unions that are supposed to act on behalf of workers are so ingenious a finding ways keep workers unaware workers of their political rights.

Unfortunate Guilt

Sunday, June 10th, 2007

“He is also to be authorized to grant `reprieves and pardons for offenses against the United States, except in cases of impeachment’ Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed. The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel. As the sense of responsibility is always strongest, in proportion as it is undivided, it may be inferred that a single man would be most ready to attend to the force of those motives which might plead for a mitigation of the rigor of the law, and least apt to yield to considerations which were calculated to shelter a fit object of its vengeance.” — Alexander Hamilton, Federalist No. 74, March 25, 1788.

The question is before us is whether the President should pardon or grant a reprieve to Lewis “Scooter” Libby. Libby was chief of staff to Vice-President Dick Cheney. Libby was recently convicted of perjury and obstruction of justice for his grand jury testimony and interviews with federal investigators surrounding the Valerie Plame affair.

Valerie Plame was a CIA employee who suggested that her husband Joseph Wilson be dispatched to Africa to check on reports of Iraqi interest in purchasing uranium. Despite the fact that he reported such interest in his oral report to the CIA, Wilson criticized President Bush’s assertion that Iraq was seeking uranium. The criticism was expressed in an op-ed piece in the New York Times. Of course, these claims were disputed by the Administration. During the that period, the fact the Valerie Plame worked for the CIA was revealed to and reported, almost incidentally, in a column by Robert Novak.

The revelation was first thought to be a scandal since revealing the name of covert CIA agent is illegal. In response to this Special Counsel Patrick Fitzgerald was tasked with finding out whether who revealed her name and to prosecute any guilty parties. There were a few cool heads at the time. Victoria Toensing, one of the lawyers who wrote the legislation, argued under the terms of the legislation Valerie Plame was not a covert agent and the release of her name was no crime. This was a conclusion that Fitzgerald implicitly reached because he never charged anyone with this crime.

It is reasonable to question the judgment of the prosecutor in spending time trolling for perjury submerged in inconsistencies in testimony. Even before Fitzgerald was named Special Counsel, federal agents had determined that Richard Armitage, Deputy Secretary of State, was the source of the fact the Valerie Plame helped secure the Africa trip to Africa for her husband. Apparently, Armitage was just gossiping. At the point that Fitzgerald knew the source of the leak and the fact that the leak was not a crime, the investigation should have ended. A conventional prosecutor with many crimes to pursue probably would have moved on. A special counselor does not look good coming up empty handed so there is always the temptation for prosecutor indiscretion.

Nonetheless, even if we posit that the Special Counsel acted improperly in using the grand jury to create crimes where none existed, this does not excuse perjury on the part of Libby or anyone else. Libby was convicted by a jury of his peers, so must assume his guilt at this point. Conservatives who argued that President Clinton’s perjury was unacceptable cannot not now turn around and excuse perjury on the part of Libby.

However, the sentence meted out to Libby of 30 months in jail and a $250,000 fine seems excessive given the context. Clinton plea bargained a deal with an agreement not to practice law for five years (probably not his intention anyways) and only $25,000 fine. Clinton’s National Security Advisor Sandy Berger, deliberately absconded with highly secret documents and was sentenced to community service and to a $50,000 fine.

President Bush should reduce Libby’s sentence to something similar to Berger’s sentence and not grant a pardon. Libby still maintains his innocence and pursuing appeals. This reprieve would keep Libby out of jail and permit him to still pursue his appeal.

What About Those Higher Gas Prices?

Sunday, June 3rd, 2007

Willing the ends without willing the means is almost the very definition of puerile behavior. Nonetheless, this behavior is descriptive of the Democratic approach to the twin issues of climate change and gasoline prices. Al Gore and his environmental minions constantly remind us of imminent climate disaster posed by greenhouse gas emissions, much of it released from the tailpipes of our cars. The quickest way for us to move toward reduction of these emissions, either by developing and purchasing higher mileage cars or altering our traveling habits, is by increasing the price of gasoline. Indeed, the Clinton-Gore Administration modestly increased the federal gasoline taxes. On the other hand, higher gas prices automatically induce spasms of anti-oil company rhetoric. This is reflective of the internal contraction within the Democratic Party of populist rhetoric and the impulse to use the government to manage our lives for us.

Economist Robert Samuelson recently elaborated on the hypocrisy. Samuelson explained how the cause in the recent spike in gasoline prices is limited refining capacity. Because of low profit margins in this sector of the industry, refining capacity has not increased very much over the last few decades. In the early 1980’s, the US enjoyed an excess of refining capacity and partially as a consequence no new refinery has been built in the US since 1976. Recent increases in US refining capacity have been the product of modernization of existing facilities rather than the construction of new ones. Of that capacity, the US is currently using nearly 90%. It is not generally possible to run at 100% of capacity, given accidental stoppages and scheduled maintenance.

Some have argued that the oil industry has deliberately arranged to minimize refining capacity to force an increase in prices. Such activity is illegal, if it can be proved. Illegal restraint of trade seems unlikely, given that refining capacity in the US is not concentrated in one or two firms. Samuelson cites Michael Salinger of the Federal Trade Commission as describing the concentration in the oil refinery business as “low to moderate.” Moreover, foreign refinery capacity would tend to limit the ability of US refining firms to create artificial shortages. Given the stated governmental goals of reducing gasoline consumption over the next decade, it is not clear whether it makes economic sense for oil companies to make the long-term, large-scale capital investments in significant increases in refinery capacity.

Even if one could demonstrate that oil companies were artificially generating increases in prices, aren’t they doing what environmentalists want but to do but do not have the political power to execute? The only question seems to be whether the government is enriched by taxes or oil companies by windfall revenues, for consumers the effect is the same. High gas prices will push the US economy toward lower gasoline consumption, the stated goal of environmentalists.

The disheartening part is that despite the rhetoric, the higher gasoline prices we have experienced may decrease gasoline consumption but will have only have marginal, perhaps not even measurable, climatic impact over the next few decades. To have a significant effect would require rapid decreases in emissions, changes that are sufficiently aggressive that they would likely cause painful and disruptive economic transitions. Such transitions could stunt economic growth just when we need it to finance Social Security and Medicare for the baby boomers, and they would likely hurt the less affluent the most severely. This is the truth that Democrats are unwilling to acknowledge.

We are told we need to invest those renewable energy sources with less of a climatic impact. If such alternatives were available on a large scale and less expensive, we would have moved to them already. If they are more expensive, it means that no matter which way one cuts it, more personal resources will be used to pay for more expensive energy. Less money to be spent on everything else. Under normal free market economic circumstances, economic transitions make life better because there is a trend to move to the more efficient provision of goods and services. Government forces transitions are, almost by definition, inefficient.

Democratic partisan James Carville recently criticized the manner in which George Bush led us in the War on Terror because he did not involve most Americans directly in the cost of war. Bush did not raise taxes; rather he encouraged economic growth through tax cuts. He asked Americans to lead their lives normally and did require additional economic sacrifices. Carville argues that when you go to war you have to take the entire country to war. Everyone needs to feel the sacrifice [1]. If we take Carville at his word, should not Democrats be asking for sacrifices in the fight to save the planet? Too many subscribe to the illusion that by relatively modest efforts; people driving a few more Prius’s, coupled with a few more wind farms and solar panels, we can significant alter the climate change trajectory. Should not the true economic costs of the economic transformation required to deal with what Al Gore claims is the greatest global challenge of the age be made clear.

Ultimately, the argument made by those who advocate aggressive measures be taken to reduce climate change, is that the present, almost certain, negative economic consequences necessary to alleviate climate change are much smaller than the predicted negative consequences of not doing so. Honesty demands that such a case be made without minimizing current costs or maximizing future ones.

[1] Leave aside for a moment that the US won the Cold War by essentially economically outgrowing the Soviet Union. In a very real way, Americans won the Cold War not through economic retrenchment, but through the growth associated with business as normal. Maintaining economic strength is a necessary strategy in winning a war. What Carville is really complaining about is that Bush chose tax cuts rather than tax increases in order to invigorate the economy.

Pew Research on Muslim-Americans

Monday, May 28th, 2007

The conventional pattern for immigrant groups in the United States is assimilation within a generation or so. More than other societies, the American culture is commercial one which tends to wash over religious and ethnic differences. In a commercial society, it makes little difference where a neighbor worships, what type of clothing he wears, or what unique food he eats at home as long as his commercial transactions are acceptable. Moreover, religious tolerance has been institutionalized since the nation’s founding. In addition, the children of immigrants are often rapidly assimilated in schools where they quickly acquire and influence the popular culture.

It was, therefore, heartening that a recent nation-wide Pew Research poll, that interviewed over 1,000 Muslims, found that middle-class Muslims were following the traditional assimilation pattern. The title of the report even suggests a certain optimism: Muslim Americans: Middle Class and Mostly Mainstream. The report finds Muslim Americans “to be largely assimilated, happy with their lives, and moderate with respect to many of the issues that have divided Muslims and Westerners around the world.”

From a Conservative perspective, there are some worrisome results from the poll. For example, most Muslims support a larger government that provides more services and as a consequence voted overwhelming for John Kerry in the last election. Although foreign-born Muslims were more likely to have voted for Kerry, interestingly they were less likely to do so than American-born Muslims.

Social Liberals might be concerned by the fact that Muslim-Americans believe that homosexuality should be discouraged by more than a two-to-one margin. Muslims are more socially conservative than Americans as a whole.

However, these issues are small compared to some very disturbing ideas held by a minority of young American Muslims. While an overwhelming majority of all Muslim-Americans do not believe that the suicide bombing of civilians are ever justified, fully 15% of Muslim-Americans between 18-29 believe that such bombings are “often or sometimes justified.” The press has reported that number as high as 26%, but it only grew that large when you include the 11% of who believe that bombings are “rarely” as opposed to “never” justified.

It is also unfortunate, that a significant fraction of Muslim-Americans are in denial with regard to the 9/11 attacks. Half of Muslim-Americans over 55 believe that that the 9/11 attacks were carried out by “groups of Arabs.” By contrast, 40% of Muslim-Americans between the ages of 18-29 believe that Arabs were not involved.

Perhaps the views of young, radical Muslim-Americans will be become more mainstream as these people age and grow to be more personally invested in American society. Nonetheless, the extremism of a small but significant minority of Muslim-Americans is a cause for long-term concern.

The Consequences of Pelosi’s Visit to Syria

Sunday, May 27th, 2007

The recent visit of House Speaker Nancy Pelosi to Syria was the occasion of much discussion as to the appropriateness of the visit. Did the trip represent wise policy, a way to reduce Syrian provocations in Iraq and Lebanon? Did the trip intrude upon the Constitutional prerogatives of the President? If the trip had been clearly successful, questions about Constitutional propriety would be quickly forgotten. However, just the opposite has happened.

The New York Observer recently reports that Syrian President Bashar al-Assad concluded from the trip that the American public was split on foreign policy and that is now safe to oppose American interests. The immediate effect was a crack down on dissidents. The New York Observer quotes a woman’s rights activist in Syria as complaining that “Pelosi’s visit made the regime feel that Americans were divided on how to deal with Syria…This sends a message to the regime that the pressure is off, that it can do what it likes.” Pelosi’s visit allowed Syria to feel freer to sentence Syrian dissident Kamal Labwani for daring to meet with American officials during a visit to Washington in 2005.

Pelosi’s visit also did not alleviate Syrian meddling with its neighbors and perhaps accelerated it. There are credible reports that Syria is now smuggling arms and munitions to Fatah Al-Islam, a terrorist group which is destabilizing Lebanon and triggering violent clashes with the Lebanese army. Pelosi’s visit did not preclude these actions, and it is at least possible that the visit made it a little easier in Assad’s mind to exercise his destructive influence in Lebanon.

Pelosi’s present ideas seem to contradict ones from her past. In 2003, she argued that “One of the lessons learned thus far in the war on terrorism is that there can be no success without disrupting the support networks on which terrorists rely. Rhetoric has thus far not been effective in encouraging the Syrian government to cease its assistance to terrorists, and to remove its forces from Lebanon.” Now in 2007, Pelosi appears enamored by the potential effectiveness of rhetoric and discussion. It is difficult to escape the notion that she visited Syria because the Bush Administration opposed such a high-level contact. If President George Bush did not want her to visit Syria, to Pelosi this was dispositive evidence that she should visit.

Pelosi’s problem is not a lack of good intentions. She certainly wants Syria to reduce the oppression of its citizens and its destabilizing actions on neighboring countries. As a consequence of their adult experience and the nature of their professions, politicians from democracies suffer from the conceit that all differences are splittable and agreements can always be reached through discussions. By contrast, tyrants, who rule by force and not through popular assent, desperately seek legitimacy. Friendly visits from high-level, democratically-elected leaders lend such legitimacy. Politicians, like Pelosi, consider such visits as simple courtesies, not as concessions. Unintentionally, Pelosi’s visit handed Assad a victory without extracting any comparable concession from Assad.

It is sometimes necessary to communicate with bloody regimes like Assad’s. In such cases, it is possible to send middle-level officials discretely or to work through intermediaries. The moral authority granted by the visits of high-level officials should be reserved for those cases when a comparable concession is extracted.

Bush Derangement Syndrome: Again

Sunday, May 20th, 2007

Only a tiny number of votes separated then Governor George Bush and the Vice-President Al Gore in the 2000 presidential election. George Bush was finally determined to have won a majority of votes in Florida, a majority of the Electoral College, and consequently the election for president. All this occurred despite the fact that Al Gore received a small, but very real majority, of the popular vote. The controversy had the salutary effect of reminding us of the thoughts of The Founders on the structure of government. Unfortunately, the close election also aroused deep partisan antipathy that has continued to this day. For some number of angry Democrats, Bush was “selected” not “elected.” Use of this expression at a Democratic gathering is as sure to arouse a positive response. Some Democrats have never internally accepted Bush’s legitimacy, and it shows.

One might have thought that Bush’s clear victory in 2004 (286-251 in the Electoral College and 53.16% to 46.65% in the popular vote) would dispel disputes about Bush’s legitimacy. Perhaps still yoked to their residual anger from 2000, Democratic partisans could not pull away from belief that the Swift Boat political ads, disputing Senator John Kerry war hero status, unfairly tipped the election to Bush’s favor. If anything, the anti-Bush antipathy hardened rather than eased after 2004. Indeed, Charles Krauthammer, a former psychiatrist, coined the phrase “Bush Derangement Syndrome” to describe otherwise normal people who seem loose their grip on rationality whenever the subject touches on President George Bush. Krauthammer’s clinical description of the syndrome is “the acute onset of paranoia in otherwise normal people in reaction to the policies, the presidency — nay — the very existence of George W. Bush.”

This week a Rasmussen poll documented the most recent manifestation of this pernicious affliction. Released on May 4, 2007, the poll reported that:

“Democrats in America are evenly divided on the question of whether George W. Bush knew about the 9/11 terrorist attacks in advance. Thirty-five percent (35%) of Democrats believe he did know, 39% say he did not know, and 26% are not sure.”

If Bush knew about 9/11 in advance, he might have picked a more heroic circumstance to be found in than reading a story about a pet goat to elementary school children in Sarasota Florida during the attacks. Indeed, the Left blogosphere spent the last six years portraying Bush reaction to 9/11 as one of confusion and disorientation. If Bush knew about 9/11 in advance, he could have flown directly back to Washington in faux bravery rather than hopscotching from an Air Force base in Louisiana to one in Nebraska. If we may expand on Krauthammer’s initial work, another symptom of Bush Derangement Syndrome is the ability to simultaneous and fervently believe two contradictory propositions.

There is no plausible evidence that Bush knew in advance about 9/11, so how can so many Democrats maintain such a ludicrous proposition? Of course, there are always the extremists lurking in the muck at the ends of the political spectrum. The far Left and their associated web sites have been propagating such theories on Bush’s advance knowledge of 9/11. In addition, through the efforts of popular, though intellectually undisciplined, entertainers like Rosie O’Donnell or movie producers like Michael Moore, these notions and similarly improbable ones have been deliberately spread to infect the main stream consciousness. Such efforts, however, would not be fruitful if serious Democrats and others did not acquiesce to the crazies in their midst. Former President Jimmy Carter lent credibility to Moore by inviting him to his box at the Democratic National Convention, while Rosie O’Donnell has a daily presence on ABC’s The View. The View’s credibility is undergirded by ABC’s news correspondent Barbara Walters.

The Right is not immune to such attitudes. During the Clinton Administration and during particular embarrassing times with respect to impeachment and the Monica Lewinsky scandal, President Bill Clinton launched military strikes against Iraq and Afghanistan. Some Republican lawmakers wondered out loud whether these attacks represented a “Wag the Dog” scenario. However, the notion was never strongly pushed by Republicans.

The problem with the rise in saliency of vicious anti-Bush ideas is that such hatred needs fuel to survive. Believers must either consume themselves or spread their hatred to others. If the first turns out to be the case, extremists on the Left will burn brightly for a short time, but in the end consume themselves alone and be forgotten. If the latter turns out to be the case, the hatred will spread to others parts of the polity. That is the real danger.

Conservatives Hardened By Being on the Defensive

Sunday, May 13th, 2007

Consider the proposition that in modern America, Conservatives tend to be more articulate, better debaters, and less given to foolish remarks. The reason behind this difference is not that Conservatives are inherently smarter or more eloquent, it is that Conservatives are immersed in a popular culture informed by a media that is largely unsympathetic to Conservatives. Conservative are justifiably on the defensive. As a consequence, if one has Conservatives inclinations, one soon learns that one needs to be better informed and practiced in making arguments. Many Liberals live in environments that never challenge their notions and hence their ability to debate atrophies. While Conservatives may be just as likely as others to have a foolish thought cross their minds, they have been taught to exercise a little more verbal discipline.

Thus, it was not surprising when Conservative Sean Hannity was judged by viewers in a KSL-TV poll to have won a debate with the Liberal Salt Lake City Mayor Ross Anderson, 58% to 24%. By conventional standards, it was a crushing rhetorical defeat for Anderson [1]. Part of the problem for Anderson is that he is accustomed to giving speeches to those who are largely already in agreement with him. Hannity by contrast, debates nightly with his counterpart Alan Colmes and must occasionally deal with hostile callers to his radio program. Direct debate and argument are acquired skills.

My guess is that as a matter of inherent skill and intelligence Hannity and Anderson are comparable. Why then was Hannity so victorious in their debate? The problem lies in that Anderson has been so immersed in the Left’s approach to the war and its irrational anti-Bush bashing that he assumed upon himself an impossibly high debate standard to meet. Anderson tried to argue that, “Given the scale, frequency and moral depravity of these outrages, President Bush must be held to account through impeachment and removal from office, if we do not call for accountability, we are complicit.”

I am sure that among Anderson’s friends and staff, he has drawn raucous cheers for making similar statements and he felt confident entering into the debate on the basis of such an extreme position. However, for the purposes of debate, Anderson buried himself with an un-winnable position. He could have taken a position that was more moderate position, still critical of Bush’s policies, and might have prevailed. Conservatives, always prepared for debate in a hostile context, would typically not make such a tactical mistake.

On the other side of the country, we find an example of how Liberals living in a cocoon of agreement among their peers are apt to make foolish statements. Apparently, someone had defaced a radio station advertisement for Rush Limbaugh, an event, had it occurred in other contexts, would have be called a hate crime. Instead, it was just another example of Left-wing commitment to free speech, at least the free speech of those they agree with.

The event might have passed unnoticed except for the fact that the Baltimore Sun reported that Robert Murrow of the Department of Public Works beamed about the defacement: “It looks great. It did my heart good.” The Baltimore Sun did not consider the comment remarkable until the story unleashed a furry on the Internet and talk radio. The Department of Public Works quickly distanced itself from the apparent endorsement of the destruction of private property. Although cooler heads prevailed, the question is what environment makes it easy for a public employee in Baltimore to make such a comment to a newspaper without fear of consequence? Is it alright to deface Conservative property? Had someone defaced a campaign ad for Barack Obana would anyone have be crazy enough to say “It looks great. It did my heart good,” even if such an ugly thought came across their mind?


[1] It is interesting to note that the KSL-TV report was so disappointed at the outcome that you had read to the fourth paragraph in their on-line report to learn that more than twice as many people thought Hannity had won.

The Gaia Napa Hotel

Sunday, May 6th, 2007

The Bloomberg media services company recently reported on the Gaia Napa Valley Hotel and Spa, less than 40 miles northeast of San Francisco, a self-described “eco-friendly property,” equipped with low-water-use toilets and showers and paved in recycled stone. If the owners can find a market for their hotel services, then who are any of us to complain. A quick check showed rooms priced as low at $149 a night. While this is high by Midwestern standards, for a hotel near San Francisco, this rate is reasonable.

Bloomberg also reported that this environmentally-conscious hotel had replaced the Gideon Bible, that is traditionally found in hotel rooms, with a copy of Al Gore’s An Inconvenient Truth. It is difficult to conjure up a more fitting metaphor for the transition of the environmental movement from a reasonable concern for stewardship of the environment to a religious faith. The “Tree Huger”web site even considered the Bible replacement to be a “nice touch.”

Since the story came out, the hotel claimed that the Bibles haven’t been replaced. According the hotel’s web site, “Contrary to an erroneous news report, Gaia Napa Valley Hotel and Spa is continuing the long tradition, first established in 1899, of placing a Gideon bible in all our hotel guest rooms. In addition, we are placing the book of Buddha’s Teaching for Buddhist travelers.” Now whether the Bibles were always there or hastily brought in to deal with popular criticism is something that is difficult to determine from a distance. We should grant the benefit of the doubt and assume that the hotel managers were not so foolish as to discard Bibles. However, of the name Gaia for the hotel and the message behind Gore’s An Inconvenient Truth. that the time for debate about global warming issues is over, are implicit signs of the descent of the extremes of the environmental movement to cult-like status.

Gaia is the Greek goddess of the Earth. In its mildest form, the Gaia Hypothesis is almost trivially true: that life on the Earth can be considered as an interlinked system, complete with self-regulating feedback loops. In its more extreme form, the Gaia Hypothesis views the Earth as a living organism, perhaps even with a consciousness of it own. The personification of the Earth and the environment, implicit in giving the Earth system a name and consciousness, re-enforces the cult like worship of the Earth which views humans an interlopers. From this perspective, every creature, but humans, are a part of nature. Only humans can deliberately upset the natural balance. Only humans can be evil. However, it is the capacity of humans to choose to be either good or evil that makes humans unique and immeasurably more valuable than the remainder of creation. It is this moral capacity that makes us stewards and not subjects of the Earth or Gaia.

The issue of climate change is an important one. We are in the processes of assessing the extent to which human actions affect climate. Some believe that immediate action is necessary. In an effort to compel such action, we are told by Al Gore and others that the debate is over and the scientific consensus favors immediate action to alleviate global warming. Concede for the moment that such a broad scientific consensus exists. This is does not mean that the debate is over. Science is inherently skeptical, always willing to question, and perpetually provisional. When we suspend skepticism or when we discontinue debate we move from the realm of reason to the realm of faith. Ironically, some environmentalists use the credibility and authority to science to suppress the very processes that make science credible and authoritative.

By all means visit the Gaia Hotel in California and enjoy your stay while studying An Inconvenient Truth. But recognize that humans are unique to the world and that this uniqueness is measured by the extent that humans have the capacity to act morally and question authority.

Carhart Abortion Decision

Sunday, April 29th, 2007

Sometimes the law and the courts lead the country culturally and sometimes they follow. In the case of abortion and the Roe v. Wade decision, the Supreme Court has been mired in a decision that was so wrongly decided that it now has difficulty in reaching a position consistent with the national intuition about abortion.

According to a recent Washington Post poll, 16% of Americans believe abortion should be legal in all cases, 39% believe it should be legal in most cases, 31% believe is should be illegal in most cases, 12% believe it should be illegal in all cases, and 2% remain unsure. Thus 70% of Americans believe some regulation of abortion is appropriate. There has been a slight shift against abortion over the last decade, but these percentages given in the poll have remained remarkably stable. In 1996, 24% believed that abortion should be legal in all cases. If Roe v. Wade had been decided differently, states would have managed to reach some reasonable compromises with respect to abortion without the political rancor that now accompanies the issue. Moreover, these state-by-state decisions would enjoy the legitimacy associated democratic decisions.

These notions are consistent with the general view, that early in pregnancy the fetus has not really achieved the status of person and hence most Americans grant total discretion to the pregnant woman with regard to abortion. However, as the fetus grows, so does its identification as a person. This is why a majority of the country and a majority Congress agreed to ban partial-birth abortion (intact D&E). In this procedure, the fetus is delivered entirely except its head. The head is then destroyed and then remainder of the fetus is removed from the mother. There is some controversy as to medical necessity of the procedure, but one has to suspend common sense to not believe that the chief reason for destroying the fetus’s head is to insure that it is not born alive. Once a fetus escapes the mother alive, there would be an obligation to treat the baby as person and to render medical assistance. Partial birth abortion treads too close to infanticide and was hence it was banned.

In Gonzalez v. Carhart, the Supreme Court ruled 5-4 that the ban of partial birth abortion was legal. However, the decision was so narrowly drawn and the margin on the Court so small, there is virtually no chance that the Court as currently constructed will measurably erode abortion rights. It is not even clear that the partial birth abortion ban will save even a single fetus from destruction. Nonetheless, reading the opinions of the Court, particularly the dissenting opinion by Justice Ruth Bader Ginsberg is illuminating.

Roe v. Wade used the right of privacy implied by the Fourth Amendment to find a right to abortion in the Constitution, but it was never really about privacy. The government and the courts have no problem regulating other procedures like breast enhancement surgery that certainly touch on the issue of privacy. As Ginsberg honestly concedes, “…legal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.” Abortion rights have little to do with Constitutional imperatives, but with a notion about how a society should be run. Despite Ginsberg’s preference, this is the job of elected representatives, not judges no matter how wise or enlightened they believe themselves to be.

Ginsberg explains how abortion rights jurisprudence is tied to the concept of viability, the point at which the fetus will survive outside the womb. This is a convenient, but not principled demarcation. The age of viability continues to decrease. Recently, Amillia Taylor survived with less than 23 weeks of gestation, weighing less than a pound at birth. The American Association of Pediatrics has declared such babies as non-viable, but this little Amillia did not much care what the august American Association of Pediatrics avers.

One can anticipate that at some point in the future, it will be possible keep babies alive born earlier in the second trimester. It is seems that a more reasonable demarcation would be something inherent in the nature of the fetus (or baby), for example the maturity of its mental and brain structures. Again, these would be best debated in legislatures, where it is easier to change laws as additional scientific information becomes available.

It is hard to believe that the Gonzalez v Carhart decision would be considered a victory by either side of the abortion debate. Doctors may no longer be able to perform an intact D&E, but they can dissemble the fetus within the womb and then extract it. As Ginsberg concedes, “The law saves not a single fetus from destruction.” Is this what the pro-life movement considers a victory? Certainly, the pro-choice Americans will not perceive a benefit from the attention to paid to the public description of the gruesome procedures used to terminate late-term abortions.

Perhaps the only good to come of the Carhart decision is that it provided one more hilarious illustration of the mendacity of Senate Majority leader Harry Reid. President Bush appointed Justice Samuel Alito to the Supreme Court, replacing Justice Sandra Day O’Conner. She would have likely flipped the 5-4 decision in the Carhart Case. Compelled to criticize Bush, Reid reflexively complained immediately after the Carhart decision was released. He grumbled that “[a] lot of us wish that Alito weren’t there and O’Connor were there.” However, Reid voted for the partial abortion bill and he was thus complaining that the Supreme Court had upheld a bill that he voted for. Is Reid conceding that he voted for a bill he considers unconstitutional? One could not make up a better tale of hypocrisy.

Student Privacy

Sunday, April 22nd, 2007

It is not surprising that the nation is asking itself what might have prevented the massacre of 32 student and faculty and Virginia Tech. The killer (I am deliberated not according him the honor of mentioning his name) was 23-year old student who had a history of mental illness. There will be discussion about gun control laws and whether a different reporting regime would have prevented the killer from acquiring the weapons he employed. Here we address an important ancillary issue, the extent to which laws protecting student privacy prevent a healthy relationship between the university, students, and their parents.

The old tradition of universities and colleges was to manage students as parents would, the princple of in loco parentis. However, the ethos of extreme personal autonomy has spread to campuses. Students are treated as full adults, even if greater concern and care seem warranted. If as student is having academic or personal problems, parents will not be generally notified. Parents do not have right to view student grades. Parents are only notified if the policy are called or emergency medical treatment required.

In many ways this is convenient for universities. Schools still insist upon parental finanical support to the extent they practically can, but the source of funds is separated from the consumers, the students. Parents who pay for the services are more likely to confront school administrators about the quality of educational services and the manner in which they are provided.

Federal law prohibits universities from releasing student records, even grades, to anyone unless the student has granted permission. This crucial point is often time explained to parents at orientation classes for parents of prospective freshman. Don’t bother to call the school to find out how Johnny or Sally are doing, because federal law keeps the university from responding.

However, what is generally not said is that one important exception to the law is that the parents of children who are still dependents, as defined by the Internal Revenue Code, have every right to student records. This situation applies to many incoming freshman. The fact that this exception is not generally made clear to parents is an indication that universties rather not be bothered by pesky parents.

The extent that universities really care about the welfare of student is in part measured by their genuine attempts to involve parents in the education and care of student, not just fund raising and boosterism. The first step is to make sure that parents understand their rights.