Author Archive

It’s Not the Words

Sunday, April 22nd, 2007

Now that Don Imus has managed to get himself fired from the CBS radio network and a simulcast of his radio show on MSNBC, a post mortem is probably in order. Imus’s mortal sin was to refer to the Rutgers woman’s basketball team as “nappy headed hos,” efficiently combining racial and misogynistic slurs in only three words. No one defends his statement, however, it has brought attention to the use of similar language daily in hip-hop music. If it was so wrong for Imus, why is such language somehow acceptable for hip hop artists?

Hip-hop artist Russell Simmons plausibly argues that context is everything. Imus’s remarks appear deliberately harmful and hateful. The argument by the hip-hop community is that the use of words like “hos” authentically represent some elements of the black experience in America. While it is not possible to determine with certainty the motives of others, from the outside, the pervasiveness of such language in hip-hop music undermines the self esteem of young black woman and coarsens the overall culture.

Nonetheless, it is important to recognize that context is critical in determining the appropriateness of language. Just because the argument about context is used to defend the language of hip-hop music does not mean that context is not important.
Every year groups try to remove Mark Twain’s The Adventures of Huckleberry Finn from high school curricula because of its use of the “n”-word. In contemporary America, the use of this work is almost universally considered deliberately hurtful and mean-spirited. However, Twain’s masterpiece remains indictment of slavery and the use of religion to support the institution.

Words are like guns. They are not inherently harmful. It depends on how and when they are used.

Limits of Congressonal Power in Foreign Policy

Sunday, April 15th, 2007

Perhaps we should thank House Speaker Nancy Pelosi for yet another lesson in Constitutional law. A couple of weeks ago, she and a number of other representatives (including some Republicans) traveled to Syria to speak with Bashar al-Assad, the country’s strongman ruler. They traveled to Syria despite a request from President Bush that she and the other representatives not visit with Syria. President Bush was trying to isolate the Syrian government diplomatically.

Pelosi claims she was not there to negotiate, but was only on a fact-finding mission. This assertion is belied by the statements by Representative Tom Lantos (D-CA) who accompanied her and how foreign governments, particular the Syrians, treated her visit. Whatever the merits or difficulties associated with Speaker Pelosi’s foreign adventures, the question as to the prerogatives and limits of Congressmen and Senators with regard to foreign policy lingers.

The Constitution grants only indirect power, through the budget, to the House of Representatives. The President can negotiate treaties, but these must be ratified by a super majority (2/3) of the Senate. In 1798, Dr. George Logan, a state legislator from Pennsylvania, directly spoke with the French government. The Federalist Party in control of Congress was upset with his meddling and passed the “Logan Act.” The act is still in force today and specifically holds,

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”

Despite this rather categorical admonition, Logan later traveled to England as a private citizen to help stop the War of 1812. The mission failed, but Logan managed to stay out of jail as he was not prosecuted under the act. Prosecutions under this act have continued to be rare. According to Wikipedia, there is only one know indictment under the act.

As a practical matter it would difficult for any Congress to repeal the Logan Act. To maintain his or her foreign policy prerogatives, any president is likely to veto the repeal. While there is little question that the Logan Act applies to private citizens, does it prevent Congressmen for engaging in negotiations? Can representatives and senators negotiate with foreign governments on their own? Apparently Congress believes they are not- permitted to negotiate. According the House Committee on Standards of Official Conduct:

“Members should further be aware of a permanent federal statutory restriction that prohibits any U.S. citizen acting without authority of the United States from: Directly or indirectly commencing or carrying on any correspondence or intercourse with any foreign government, or any officer or agent thereof, with the intent to influence the measures or conduct of any foreign government or of any officer or agent thereof in relation to any disputes or controversies with the United States, or to defeat the measures of the United State.”

This is wording is pulled directly from the Logan Act.

The Courts have had little opportunity to rule on the limits of Congressional authority with relation to negotiation with foreign powers, but when they have they have unequivocally concluded that only the President is empowered to negotiate for the United States. The Constitution has delegated specific powers to the different branches of government. These enumerated powers are augmented by “implied” powers necessary to carry out the enumerated powers. The courts have concluded that in order to carry out his authority to negotiate, the President’s power to negotiate must be exclusive. In United States v. Curtiss-Wright Export, the majority concluded in 1936 that,

“The President is the constitutional representative of the United States with regard to foreign nations. He manages our concerns with foreign nations and must necessarily be most competent to determine when, how, and upon what subjects negotiation may be urged with the greatest prospect of success…. [The President] makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it.”

The Court even cited the fourth Chief Justice of the United States John Marshall, who while a U.S. Representative argued that “’The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.”

The Constitution operates most smoothly when the different branches respect their constitutional and traditional limitations and do not try to brush up against the limits of power.

If Speaker Pelosi rules from her head she will avoid such stretches of Congressional authority in the future. If she rules from her passions or bends to the more extreme elements of her party, she will ignore legitimate constraints on Congressional power.

Double Error By Pelosi

Sunday, April 8th, 2007

Some people can be wrong in principle, while others find themselves wrong in practice. It takes exceptional conditions to mange to be wrong in both. It is the rough equivalent of managing to commit a fielding and throwing error on the same play. Like a shortstop who bobbles a routine grounder and then overthrows first base, Speaker of the House Nancy Pelosi has tallied two errors in one short week. The circumstances of the rare mistakes by the usually sure-handed politician are her trip to the Middle Eats this week.

The Bobble: As a matter of principle and tradition, the country should speak with one voice to the world, and that is the voice of the chief executive. Unless specifically designated as a representative by the President, members of Congress should visit foreign countries only in a fact finding capacity, not in a negotiating role.

This is does not exclude the legislative branch from a role in foreign policy. Congress, particularly the Senate, (Pelosi represents the House) has Constitutional responsibility in foreign policy. While the President manages foreign policy, greets foreign heads of states, and appoints ambassadors, he does so with the advice and consent of the Senate. The President can negotiate a treaty, but it requires two-thirds consent from the Senate to ratify the treaty.

Speaker Pelosi, however, appears less constrained by this tradition. Against the specific wishes of the President George Bush, Pelosi visited Syria. Pelosi argues that it was a fact-finding mission and she was not attempting to create an alternative foreign policy. However, the mere visit constituted a breach with current policy. The Administration had been trying the isolate the thug-o-cractic government of Bashar al-Assad in response to its assignation of the Lebanese Prime Minister and its aid to insurgents in Iraq. Thugs like al-Assad have no natural legitimacy. They rule by fear and are not by consent of the governed. They crave the legitimacy implied by the kind foreign recognition so blithely conferred by Pelosi’s visit. Pelosi granted that implied legitimacy in contravention of current US foreign policy. Her mere visit implied a separate Democratic foreign policy.

This interpretation was confirmed by Representative Tom Lantos (D-CA), House Foreign Relations Committee who accompanied Pelosi on her trip. He explicitly claimed, “We have an alternative Democratic foreign policy. I view my job as beginning with restoring overseas credibility and respect for the United States.” That was certainly the way the trip was viewed a home and abroad. The San Francisco Chronicle happily claimed that “Pelosi seen moving around Bush in Middle East.” The Left-wing British paper The Guardian headlined “Pelosi challenges Bush policy by visiting Syria.” Whatever Pelosi protestations and whether by design or mistake Pelosi violated the tradition of criticizing at home, but not conducting an independent foreign policy abroad.

The Over Throw: On the the practical side, Pelosi compounded the original error by making several mistakes that demonstrated her inexperience. She was amateurishly self important when she pronounced, “We came in friendship, hope, and determined that the road to Damascus is a road to peace.” The expectations were at the least extremely premature.

Perhaps that small melodrama could have been forgiven, if Pelosi had not managed to misrepresent the Israeli position to the Syrians. Pelosi told the press in Damascus that “[Our] meeting with the president enabled us to communicate a message from Prime Minister [Ehud] Olmert that Israel was ready to engage in peace talks.” However, Pelosi had to be quickly corrected by the Israelis. The Israelis were willing to talk to Syria only on the absolute condition that Syria ceases its support of Hamas and other Islamic Jihad organizations.

Pelosi is an excellent domestic politician. She should not have allowed her anxiousness to undermine President Bush to interfere with American foreign policy and the tradition of the country speaking with one voice.

Free Speech for Gay Group: A Case of Hypocrisy

Saturday, April 7th, 2007

A couple of weeks ago, we criticized the Ninth Circuit Court of Appeals when it overruled an injunction by a lower court in favor of Faith Center Church Evangelistic Ministries. The religous group had been denied the right to use public facilities, facilities that were routinely used on a first-come first-serve basis by other community groups. The lower court had invoked an injunction allowing the group to use facilities while the case was be adjudicated. The lower court was relying on the Supreme Court decision in Widmar v. Vincent. According to the decision, if a public institution, in that case the University of Missouri at Kansas City, “makes it facilities available for the activities of registered student groups…[t]he university’s exclusionary policy [toward religious group] violates the fundamental principle that a state regulation of speech should be content-neutral.”

The Ninth Circuit found little harm if “mere” religious activities were circumscribed and reversed the injunction.

In a nearly identical situation, a lower court in Miami granted an injunction that allowed the Gay-Straight Alliance to have the same access to school facilities as other groups. The suit on behalf of the group was filed by the American Civil Liberties Union. The suit is valid, an injunction should be granted, and the Gay-Straight Alliance should formally prevail in the suit.

Miami falls under the jurisdiction of Eleventh and not the Ninth Circuit. We suspect that had the case occurred in their district the Ninth Circuit Court would have sustained the injunction for the Gay-Straight Alliance, though we can never know for sure. However, we do know that the Faith Center was not represented by the ACLU. The scent of hypocrisy is in the air.

Environmental Grownups

Sunday, April 1st, 2007

The validity of any argument is independent of the character of the person making the argument and even the rashness with which the argument is delivered. Nonetheless, there is something reassuring about passionately believed arguments delivered with directness and humility and without resort of ad hominen. Thus the rash and hyperbolic remarks of Dr. Rajendra K. Pachauri, the chairman of the United Nations Intergovernmental Panel on Climate Change (IPCC) are deeply disappointing.

Bjorn Lomborg is a Danish statistician who has questioned the conventional approach to global warming issues. In an interview in the Danish newspaper Jyllandsposten, Dr. Pachauri said, “What is the difference between Lomborg’s view of humanity and Hitler’s? You cannot treat people like cattle. You must respect the diversity of cultures on earth. Lomborg thinks of people like numbers. He thinks it would be cheaper just to evacuate people from the Maldives, rather than trying to prevent world sea levels from rising so that island groups like the Maldives or Tuvalu just disappear into the sea. But where is the respect for people in that? People have a right to live and die in the place where their forefathers have lived and died. If you were to accept Lomborg’s way of thinking, then maybe what Hitler did was the right thing.”

Lomborg, author of The Skeptical Environmentalist has argued against unnecessary and unjustified hyperbole with regard to environmental issues. Lomborg does not dispute climate change. Indeed, he has bases his analysis on data and conclusions contained IPCC reports. In recent testimony before Subcommittee on Energy and Environment of the Committee on Science and Technology, Lomborg concluded, “Global warming is real and man-made. This point has been made in many places, but perhaps most strongly and convincingly by the IPCC.” Lomborg’s argument disagreement with many on the environmental Left is that IPCC conclusions about global climate change and its effects do not support the notion that expected climate change will have “strong, ominous and immediate consequences.” Moreover, in deciding on the best strategy to deal with global climate change, it is imperative to weigh the costs of alleviating climate change directly against the costs of coping with its effects.

The reference Pachauri made to the Maldives, a group of atolls in the Indian Ocean, is associated with the fact small republic highest point is only 2.5 m above sea level. If sea level rises enough due to global warming 300,000 people who live there will be forced to move. This involves human and economic consequences felt most acutely by the Maldivians.

There also human and economic costs associated with the disruptions associated with reducing carbon emissions. These costs will increase unemployment, decrease wealth (or at least the rate at which it grows) and these costs will most likely affect the poorest among us. Lomborg suggests that these total costs and benefits of reducing climate change must be balanced against coping with the impact of such climate change. All resources are finite, and it is not unreasonable to maximize the benefit of such resources to all. One does not have to be callous with respect to consequences to the Maldivians, to be sensitive to the consequences on others radical and immediate reductions in carbon emission. For this assertion, Lomborg is compared Hitler.

If one reads Lomborg’s works or listens to him speak he does not display the anger of the hateful, but the concern associated with humble inquiry. This lends credibility to his presentation. On his better days, I suspect that Pachauri is not given to the mean-spiritedness he displayed in the interview cited above. Nonetheless, it is immature to will an end without appreciating the means to reach the end. If Pachauri wishes to reduce climate change he must be willing to acknowledge the costs of doings so.

Reducing climate change is not the ultimate good. Human well being and respect for individual human rights are the highest goals governments can lend themselves to. It is not too much use available resources to maximize these goods not necessarily to minimize the impact of humans on the Earth. We called to be stewards on the Earth, but stewards in the service of the Earth’s most value asset, us.

Taking the Fifth Amendment

Wednesday, March 28th, 2007

We have just finished pointing out the inconsistency of Left’s hand-wringing on issues of the treatment of illegal combatants captured during the War and Terror, while ignoring the Ninth Circuit Court of Appeal’s willingness to grant little weight to the First Amendment’s freedom of religion. Now we see some Democrats ignoring their better angels in a fit a political rage with regard to the issue of the Bush Administration’s dismissal of eight federal district attorneys.

We can reserve the discussion of the wisdom and ethics of the dismissal of the district attorneys until later. What is disconcerting now is the reaction of some Democrats to the invocation by Monica Goodling, Attorney General Alberto Gonzales liaison to the White House, of her Fifth Amendment rights not to testify before Congress.

Judiciary Committee Chairman Patrick Leahy (D-VT) remarked that “The American people are left to wonder what conduct is at the base of Ms. Goodling’s concern that she may incriminate herself in connection with criminal charges if she appears before the committee under oath.” This is eerily reminiscent of Senator Joseph McCarthy’s suggestion that those who did not testify before his committe had something to hide and were likely “Fifth Amendment Communists.”

The American are free to make privately ant judgment they wish based on Monica Goodling’s invocation of her Fifth Amendment rights. However, it is irresponsible for a high government officials to suggest that use of the Fifth Amendment suggests guilt. Given this atmosphere, it not unreasonable for anyone not to be apprehensive about testifying before Leahy’s committee that appears more anxious to hang someone politically than to determine facts.

The Ninth Circuit Again

Sunday, March 25th, 2007

While the national press worries about civil rights controversies surrounding the disposition of captured combatants in the War on Terror, there are more local, and perhaps more pernicious, issues that slip the notice of national media. We can thank Quinn Hilyer in the Examiner for bringing to our attention a case that has been rattling around the most Liberal and most frequently overturned United States Court of Appeals for the Ninth Circuit.

The facts of the case, Faith Center Church Evangelistic Ministries v. Glover, are not in any dispute. The Antioch Library in Contra Costa makes available its facilities to non-profit community organizations. There are several reasonable restrictions on the use of the facilities such as that access is granted on a first-come, first-serve basis. However, the explicit restriction that facilities “shall not be used for religious services” is in dispute. The Faith Center Church Evangelistic Ministries in making the reasonable claim the restriction violates the First Amendment “free exercise” clause and speech protections.

The case has not yet been decided upon its merits, but the lower court granted an injunction allowing the services to be held at the library. It reasoned that the harm done by potentially limited free speech rights outweighed any harm done to the library. In an incredible decision, the Ninth Circuit overturned the lower court and allowed the County to continue to restrict use of the facilities by a religious organization. The Ninth Circuit concluded that the loss of “mere religious worship” was not as sufficient to retain the injunction.

The case is not really very difficult and injunction should be granted to the Faith Center Church almost perfunctorily. In Widmar v. Vincent, the Supreme Court ruled if a public institution, in that case the University of Missouri at Kansas City, “makes it facilities available for the activities of registered student groups…[t]he university’s exclusionary policy [toward religious group] violates the fundamental principle that a state regulation of speech should be content-neutral.” The applicability of this case to current one is so direct, clear and obvious, that it could not escape the Ninth Circuit’s notice. Faith Center is being denied access based on the content of its speech. Nonetheless, the court asserted that the government’s interest in the case outweighed “those wishing to use the property for other purpose.”

Once again, the Ninth Circuit allows its animosity toward religious practice to overwhelm the logic of the case and the exercise of the First Amendment.

This is Rich

Monday, March 12th, 2007

Reasonable people can disagree about the wisdom of Operation Iraqi Freedom or the efficacy with which it has and is being carried out. However, the malice and spite with which some critics of the Administration and particularly of President Bush express their disagreement suggest that these critics have long ago ceased exercising prudence and care in their disagreement. One can find evidence of this in far-Left blogs and even in the Left’s more conventional mouthpiece, the New York Times, and particularly in columns by Frank Rich.

In a recent article, Frank Rich employed such extreme and imprudent language that he is yielding his right as a legitimate critic. Even important and legitimate criticisms loose their saliency when continually expressed in extreme terms.

For example, there is recent attention paid to the fact that one of the half-way houses associated with Walter Reed Hospital is infested with rats and mold. The conditions have been described by the Associated Press as “substandard living conditions.” However, Rich describes the same places a “subhuman,” a term, that if applied to the policies of Islamic radicals who behead their captives, would be considered unnecessarily provocative. The Left was upset when Ronald Reagan described the Soviet Union a “the evil empire” or when Bush identified Iraq, Iran, and North Korea as the “axis of evil,” but have no problem calling conditions in US hospitals as “subhuman.” The more the Left indulge is such hyperbole, the more they internalize their animosity.

Unless one works in a press room where there are people who challenge your ideological position, there is a tendency to cling to and repeat assertions that have long since been debunked. Again Rich asserted that Bush claimed that the Iraqi threat was “imminent.” Bush did not make that claim. Spinsanity, a non-partisan site, has thoroughly studied the claim. They conclude that, “As a factual matter, conservatives are largely correct and liberal critics and journalists are guilty of cheap shots or lazy reporting.” The term “imminent threat” has a very specific meaning and Bush never invoked the term. Indeed, his argument was that if the threat became imminent, it would be too late to respond. In the 2003 State of the Union Address, Bush explicitly said, “Some have said we must not act until the threat is imminent. Since when have terrorists and tyrants announced their intentions, politely putting us on notice before they strike? If this threat is permitted to fully and suddenly emerge, all actions, all words, and all recriminations would come too late. Trusting in the sanity and restraint of Saddam Hussein is not a strategy, and it is not an option.”

The argument about whether the Administration claimed that the Iraqi threat was imminent is no longer one that serious people can misunderstand, but Rich cannot remove it from his mind because the assertion plays so well in his internal narrative. Some of the Left claim that Bush has lost touch with reality. However, columns like Rich’s continually provide evidence that irrational anger can loosen the already slippery grip on reality on the part ofBush’s critics.

Perhaps most disturbing is that there is no possible evidence could change Rich’s view of the present troop surge. Certainly, if matter grows worse in Iraq or at least do not improve, the case that the surge is not working would be strong. However, it now appears in the short-run that violence is declining and this is also viewed by Rich negative. As Rich explains, “Moktada al-Sadr’s militia ominously melts away…lying in weight to sprint a Tet-like surprise.” Even a positive development is thus carefully spun into a negative. If the radical militias were fighting American troops vigorously, I suspect Rich would view it as a sign of insurmountable resistance to the Americans. For Rich, when matters go badly in Iraq, it is evidence of bad policy. When things go well; it is just a lull until things go wrong again. In Rich’s circular reasoning all evidence of whatever kind all serve his anti-war stance. Why even bother to gather evidence?

Guilty of Perjury

Saturday, March 10th, 2007

There is great irony in the fact the Scooter Libby was convicted for lying to a grand jury about who he informed about the truth that Valerie Plame worked for the CIA and was responsible for suggesting that her husband Ambassador Joseph Wilson be sent on a fact-finding mission to Africa. On the other hand Joseph Wilson and his wife are enjoying book royalties, possible compensation for a movie story, and puff pieces in Vanity Fair, when virtually everyone of Wilson’s claims were certified as false by the 9/11 Commission Report. Indeed, the Washington Post concedes that one outcome of the entire affair is that “[t]he former ambassador will be remembered as a blowhard.”

There are at least two important lessons from this episode. Lessons that politicians appeared destined to be continually re-learn.

The first lesson from this political tragedy is that one never ever lies under oath. It does not matter whether or not there is a substantive underlying issue in question, perjury and obstruction of justice can and generally ought to be prosecuted. This mistake was largely responsible for the fall of President Richard Nixon and resulted in the impeachment of President Clinton.

When the Valerie Plame story broke, many wondered whether the release of Valerie Plame’s name violated the 1982 Intelligence Identities Protection Act. It turns out that under the provisions of the act Plame did not qualify for protection. This interpretation is given tremendous weight by the fact that Special Counsel Patrick Fitzgerald did not even charge anyone with this crime, though many have since admitted that the spoke of Plame’s CIA position. Indeed, the original source of the leak which appeared in an article by Bob Novak was Deputy Secretary of State Richard Armitage. The original claim by Administration critics is that Valerie Plame’s name was released by the Administration as retribution against her husband. Actually, Armitage was no fan of the Iraq War. He released Plame’s name in passing as a way to explain how some as conspicuously indiscreet as Wilson would be sent on a sensitive mission to Niger. Despite Wilson’s initial denials, he was sent on his because his wife suggested his name to the CIA.

The second lesson is that decisions to appoint special counsels are almost invariably mistakes. Ordinary prosecutors are faced with finite resources and many potential crimes to investigate. They are consequently compelled to prioritize: to choose those crimes that are deserve government resources. They are forced to weigh the public benefit to the prosecutions against the costs. Special counsels, by definition, have a narrow focus and unlimited resources. This situation usually devolves to trail distorted decisions.

Even before Fitzgerald became the special counsel the Justice Department knew that Armitage had given Plame’s name to Novak. Fitzpatrick’s next step should have been to determine whether that revelation violated the law. Any reasonable reading of the relevant law would have concluded that no law was broken. Indeed, no one was ever charged with a crime from revealing the Plame’s name. The special counsel’s office could reasonably have closed up shop within months or weeks.

Instead, given a blank check for further investigation, Fitzgerald trolled for perjury by conducting grand jury hearings. This does not excuse perjury or obstruction of justice on the part of Libby or anyone else, but is does reveal the injustice of unconstrained and unaccountable prosecutions. Indeed, on the jurors, Ann Redington, while driven by the compelling logic of the law to convict Libby concludes that justice would be served by pardoning Libby.

This is a particularly sorry episode, of using the criminal justice system to adjudicate political disputes and on that , in the words of the Washington Post, “besmirched nearly everyone it touched.”

Union Fear of Democracy

Sunday, March 4th, 2007

When fighting the War on Terror or any war, there are always the conflicting priorities of individual liberties and the effective execution of the war. It seems that the trimming of the edges of civil liberties during the current conflict has been at best reasonable and at worst fairly minor excursions given the way wars have been executed in the past.

Some Democrats are bent out of shape at the interception of electronic communications between elements of Al Qaeda on foreign soil with Americans in the absence of warrant. The Administration has backed off a probably legal tactic, but what ever civil liberties might have been broached are small compared to World War II when all international communications were subject to warrantless interception.

Others are bothered at to the disposition of detainees at Guantanamo Bay. Are they prisoners of war? If they are, then they can be held to the end of the War on Terror, which may be indefinitely. If they are tried in criminal courts and they are prisoners of war, it violates the Geneva Convention. The issue of illegal combatants is complicated, but perhaps the detainees can best labeled as “pirates” under international law. Whatever one thinks about this issue, its consequences are small compared to thousands of Japanese Americans detained during World War II.

While much press attention and public argument have been devoted to statistically rare and extreme civil liberties questions, glaring civil liberties issues that can effect thousands if not millions are largely ignored. Recently, the Supreme Court has allowed to circumscription of First Amendment in the vicinity of abortion clinics and an expansive view of the states’ right to eminent domain.

Add to this list of assault on civil liberties, the recent law passed by the House of Representatives on a largely party-line vote. The bill is a payback by the Democratic Party for aggressive union support. Under current law, parties can request secret ballots for workers voting to organize a union. The new Democratic bill eliminates the right to a secret ballot, making workers subject to union intimidation. Since it is the unions who are pushing for this provision, it is clear that they are convinced that in many case workers left to the free choice would reject union advances.

Unions may be frustrated in their declining membership in the face of a massive switch from a manufacturing to a service-based economy. However, this is not sufficient reason to violate the cherished principle of a secret ballot.

Now labor supporters argue that companies can intimidate workers so the unions need this advantage to counter act company activities. The argument is self-refuting considering that an open ballot would make workers more subject to company intimidation. The whole idea behind the secret ballot was to originally protect workers from company retaliation. As a general rule, whoever wishes to eliminate the secret ballot is the party that hopes to gain by intimidation. It this case, it is the unions.

The bill will likely not survive the Senate, where a filibuster will probably kill the bill before it even comes to a vote. Even if it were to pass the Senate, President Bush would exercise a rare veto. In a sense, this a free vote for Democrats, they can payback unions, without actually being responsible for a bill that undermines democratic (this time certainly with a small “d”) principles. The cynicism makes Democratic protests about civil liberties in other contexts suspect.