Author Archive

Iraqi Decision

Sunday, February 26th, 2006

When the English settlers in America broke loose from Great Britain and founded a nation at the end of the eighteenth century, the prospects for a republican form of government, a government that derives its authority from the assent of the governed, were not clear. Could such a nation survive and prosper? Indeed, over eighty years later the United States fought the Civil War testing whether, in the words of Abraham Lincoln “any nation so conceived and so dedicated, can long endure.” Fortunately, that question was answered in the affirmative, but not before hundreds of thousands of Americans died.

The rapid spread of democracy in the latter half of the twentieth century makes it easy to forget that democracies do not always successfully take root. Regular elections are a necessary, but not sufficient condition for democracies. Democracies also rely on the rule of law and transparency in public commerce. Democracies depend on a mature political culture. People must be willing to respect the political process and the liberty of others. People in successful democracies recognize that sometimes political decisions do not go your way. Political losses are not a reason to take up arms.

In his book The Future of Freedom: Illiberal Democracy at Home and Abroad, Fareed Zakaria argues that wealth is a key component to successful liberal democracies. He cites the scholarly work of Adam Przeworski and Fernando Limongi who found that per capita income is highly correlated to the longevity of democracies. In countries with a per capita income of $1500 (in current dollars) or less, a democratic government lasts only eight years. Longevity increases with per capita income. The values between $3000 and $6000 appear to define a transitional range, where the results could go either way. Frankly, for democracies to survive a majority, or at least a strong plurality, must have an economic stake in the survival of democracy. The advantages of maintaining democracy must out weigh the disadvantages of loosing transient political arguments so that citizens internalize the self-imposed disciplines of democracy.

With the bombing of the Golden Mosque of Samarra and the attendant unrest leading to even more deaths, Iraqis appear to be reaching a critical political point. Will the various groups, the Shiites, Sunnies and the Kurds realize that a small minority is deliberately trying to sow violence? Will they allow their tribal and religious sensitivities to overwhelm their judgment and reward those who would destroy a mosque for political advantage? The question reduces to whether enough Iraqis have a sufficient stake in a democratic and free Iraq to isolate and remove extremists.

Iraqis are rightly proud that their land was the “Cradle of Civilization.” But those glories are millennia old. Before the Iraqi people is a real and present choice whether to be the cradle of democracy in the Middle East or to descend into internecine violence. Ultimately, it will be an Iraqi decision, one that cannot be made on their behalf.

Perhaps we should cling to the optimistic hope that this bombing could split Arab Sunnis from those foreign insurgents with whom they have been allied. After all, if the country descends into chaos, Arab Sunnis are dramatically outnumbered. If Iraq splits into Sunni, Shiite, and Kurdish regions, the Kurdish and Shiite regions will be oil-rich and the Arab Sunni region will be oil-poor. In a very real sense, Sunnis have the most to loose if Sunni extremists manage to divide the nation into separate countries or provoke Shiites and Kurds into a militant response.

Of note here is the fact that the CIA World Factbook lists the current per capita income of Iraq as $3400. This places Iraq on the dangerous end of countries that may or may not maintain long-term democratic institutions.

The Smile on GOP Faces

Sunday, February 19th, 2006

“You will never be happier than you expect. To change your happiness, change your expectation.” — Bette Davis.

The most famous sentence in the Declaration of Independence, the sentence which captures the philosophy of the document andthe views of the signers of the Declaration, is: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The entire purpose of government is to insure these rights. The Declaration does not claim that happiness itself is a right. We can only demand of our government the scope of freedom necessary to pursue happiness.

Well, how successful are we, and how effective has our form of government been? Although happiness is not guaranteed, it would seem that those countries that appear to have happier citizens are the countries most adept at creating environments where happiness can be pursued. The Harris Polling Corporation has performed a number of inter-country polls that show that Americans are a happy lot, happier, in general, then their European counterparts.

A recent study of Americans by Pew Research confirms the general happiness of Americans. About 34% claim to be “very happy,” 50% are “fairly happy,” while only 15% were “not too happy,” 1% did not know. These divisions have been consistent since 1972, when the polling began, through many presidents and good and bad economic times.

The Pew polling suggests that even among Americans there exist systematic differences in degrees of happiness. Some of their results are expected. For example, married Americans are happier than unmarried ones. Approximately 43% of married Americans claim to be very happy, while only 24% of unmarried Americans make the same claim. The regularity of attendance at church is also directly correlated to happiness, with church regular attenders consistently happier than others who attend church sporadically or not at all.

Counter to the admonition that money cannot buy happiness, Pew’s research found that wealthier people are happier than the less affluent. Only 23% of people in families with less than $20,000 a year of income claim to be “very happy,” while 50% of those with household incomes over $150,000 are happy. Of course, the causal direction of this relationship is not clear. Does having more money make people happier, or are happier people more productive and adept at earning money

One interesting result of the Pew polling is that Republicans are consistently happier than their Democratic friends. About 45% of Republicans say they are very happy, while only 30% of Democrats do. At first glance one might guess that the difference between Republicans and Democrats might simply be a reflection of differences in income. If Republicans are more affluent that might explain their greater claim on happiness. However, according to Pew “If one controls for household income, Republicans still hold a significant edge: that is poor Republicans are happier than poor Democrats, middle income Republicans are happier than middle income Democrats, and rich Republicans are happier than rich Democrats.”

Perhaps happiness is associated with a feeling of control over our lives, of being the masters of our own destinies. Certainly, this would explain why rich people are happier than poor ones. The more wealth one has the greater the scope of control over life one enjoys. More money means we can live where we wish to live and engage in those activities that please us. Does this feeling of control associated with happiness explain the differences between Republicans and Democrats?

The Republican ethos is associated with individuality and the conviction that we are independent agents, responsible for our own lives. In the Democratic perspective we are victims of others or of unfortunate circumstances. Victims require a government to protect people from misfortune.

Now Democrats would argue that they are trying to increase happiness by making community resources available to the less fortunate and there is merit to the argument. However, they can not consistently view the world as a nasty place from which we all need protection without internalizing dependence and victimhood. This greater perceived reliance on others, the notion that our well-being is in the control of outside forces, leads Democrats to feel powerless. Of course, there are Democrats that are self-reliant and Republicans who require government help. However the more the one embraces the general view that one is largely responsible for one’s own pursuit of happiness, the happier one is likelier to be.

This is one reason Democrats are so frustrated. They can’t seem to wipe the smile off of Republicans faces.

Danish Cartoons and the Press

Sunday, February 12th, 2006

“All the life and power of true religion consist in the inward and full persuasion of the mind; and faith is not faith without believing. Whatever profession we make, to whatever outward worship we conform, if we are not fully satisfied in our own mind that the one is true and the other well pleasing unto God, such profession and such practice, far from being any furtherance, are indeed great obstacles to our salvation.” – John Locke, A Letter Concerning Toleration, 1689.

In the Supreme Court Building, a careful observer will note a frieze depicting historical figures in legal history from Moses to the first US Supreme Court Justice John Marshall. One sculpted figure is a representation of the Prophet Mohammad grasping both a Koran and sword. The depiction is honorific recognizing Mohammad’s contribution to the law. Some Islamic groups have requested that the figure be sand-blasted away. Representations of Mohammad are discouraged in some Islamic sects and this figure offends certain religious sensibilities. Representations of Mohammad are allowed is other Islamic traditions. The Supreme Court declined the request because removing the figure would compromise the historic and artistic integrity of the work. There have been no violent responses to this refusal.

In September of 2005, the Danish paper, Jyllands-Posten, published cartoons lampooning and deriding Mohammad as leading a violent religious tradition. It is reasonable to expect that some Muslims would take offense at the ridicule of their key religious figure. It was tasteless for Jyllands-Posten to criticize radical Islamists in a way that more broadly insults all Muslims. Some upset with the cartoons demanded that the Danish government take action against the newspaper. The Danish Prime Minister Anders Fogh Rasmussen has rightly and courageously stood up for press freedom. He claims that he has no authority to control the press and he would not want any such discretion. As a consequence, some outraged Muslims have resorted to burning embassies and threatening those associated with the cartoons with violence. Some the violent protests have resulted in deaths. There is no doubt that Syria, Iran, and some radical Muslims have deliberately inflamed emotions and incited this violence. There are even some particularly egregious images that are purported to be published by the Danish newspaper, which were never published by them.

The two depictions of Mohammad, in the Supreme Court and in the Jyllands-Posten cartoons are different. One is honorific and the other insulting and critical. Yet both are equally protected expressions. A free society allows for open expression, the congenial and scholarly as well as the exploitive and mean-spirited. Enduring offense is one price we pay for freedom. In the modern Western world, this principle is not in dispute.

The reaction by some in the Islamic World reflects a pre-Enlightenment view of belief and is one more indication of the present clash of civilizations. Radical Islamists are not only devote and certain believers, but are convinced that this certainty entitles them to compel proper observance on the part of others. This mirrors the medieval views of a Christianity too anxious to use force to enforce belief. The modern ethos recognizes that orthodoxy cannot be imposed. If one manifests outward compliance with religious observances out of intimidation, there is no genuine faith and belief. Teaching and personal witness are the means that others are brought to faith.

What is somewhat more disconcerting is the confused reaction of the Western press. One the one hand, some European newspapers, in solidarity with their Danish colleagues, have republished the controversial cartoons. If such republication were a journalistic judgment that showing the cartoons was necessary to understand the controversy that action would be appropriate. However, in some cases this republication was just an assertion of the right to publish. This approach is counterproductive. Imagine for example if a newspaper published a racially-bigoted cartoon. Would republication be salutary? It is possible to separate assertion of a right of publication from the gratuitously offensive exercise of the right.

One the other hand, some news organizations appear to apply a double standard with respect to publication of religiously offensive material. When a controversial photographer Andres Serrano displayed a crucifix in urine, CNN and other mainstream organization had little difficulty in showing the photograph to make clear to readers and viewers the nature of the controversy. By contrast, now there is a reluctance to publish the Danish cartoons out of an excessive deference to Muslim religious sensibilities. Why?

One possibility is that the dominant media sources have internalized terminal political correctness believing that it is impermissible to offend any group save Christians, especially Conservative Christians.

Another possibility is that media have been successfully intimidated. Offended Christians may generate complaints, pickets, and boycotts, but little violence. By contrast, certain radical Islamic groups can be counted on to react violently to media interests abroad. If the media can be forced to alter their coverage by violence or potential violence, they will only encourage more of it.

Whether out of political correctness or fear and intimidation, the double standard of the main stream media with regard the publication of offensive material has been less than noble and heroic.

Abraham Lincoln and George Bush

Sunday, February 5th, 2006

History is the combination of the singular and the general. There are points in history when it is clear that the actions of a single person or a small group of people re-directed the flow of history. There are also large political and economic forces that drive history. For example, the Industrial Revolution altered everything from the availability of consumer goods and means and strategies for war making.

While it is possible to learn from singular events or individuals, it is not possible to predict with confidence when such singularities will occur. Americans have been uniquely blessed with the ability to usually choose the right leaders for the right times and the ability to suffer graciously through the less apt choices. President Abraham Lincoln was one of the singular individuals who changed history.

In drawing lessons from history, present day observers often reveal more about their own political perspectives by picking and choosing historical events to buttress their own judgments than recognize the broader truths of history. Writing in the Boston Globe, Robert Kuttner wants President George Bush to read and learn from Doris Kearns Godwin’s Team of Rivals about Abraham Lincoln. Through warmth of personality and “generosity of spirit,” Lincoln was able to pull together his political rivals into a cabinet that led a divided country through the Civil War. Kuttner argues that, by contrast, Bush wins by dividing rather than uniting.

It is more than a little presumptuous to expect of anyone the rather unique capacities of Abraham Lincoln. Lincoln pulled together his rivals for the Republican presidential nomination in 1860. Indeed, William Seward was the odds on favorite to win the nomination, while Lincoln was the compromise candidate the party turned to at the last minute. In a very real sense, Lincoln needed a unity cabinet within his own party more than George Bush.

Perhaps Bush would have been better served by asking Senator John McCain, his competitor in the primaries of 2000, to be his Vice-President or to join his Cabinet. In 1860 William Seward and Salmon Chase carried with them large followings in the Republican Party. They brought their wings of the party to Lincoln’s Administration. At best, McCain has a modest Republican following with a large appeal to independents. It should be remembered when Bush chose Dick Cheney, Collin Powell and Donald Rumsfeld for Vice-President, Secretary of State, and Secretary of Defense, respectively the general consensus was that he had selected experienced and mature advisers. The Cabinet was not viewed as divisive.

Kuttner’s real argument is that Bush has been unnecessarily divisive and he appeals to Lincoln to diminish Bush. While one might be able to find an ill-chosen statement or two, Bush has been largely collegial. He has certainly not engaged in the vitriol of the Democratic Party Chairman Howard Dean who proudly proclaimed, “I hate Republicans and all they stand for.” Nor has Bush matched Democratic Senator Minority Leader Harry Reid who had to apologizing for telling high school students of Bush, “I think the guy is a loser.” Even in the heat of a political campaign, Bush never labeled an adversary’s policies as “unpatriotic” as General Wesley Clark did when he was running for the Democratic Presidential nomination.

It is impossible to argue against the proposition that we would all be better off if Bush had more of the qualities of Lincoln, especially Lincoln’s rhetorical capacity. However, there are some intriguing similarities between the Lincoln and Bush Administrations that Kuttner might have observed in Team of Rivals if his mind were less welded shut with ideology. Here are a few examples:

Team of Rivals begins with a quotation from the New York Herald of May 19, 1860 after Lincoln won the Republican nomination:

“The conduct of the Republican Party in this nomination is a remarkable indication of small intellect, growing smaller. They pass over… statesman and able men, and they take up a fourth rate lecturer, who cannot speak good grammar.”

Perhaps this snobbish arrogance with regard to Lincoln could serve as a salutary lesson to those on the Left who divide their time between arguing that Bush is a dolt or an evil genius.

During the Civil War the “Peace Democrats” or `Copperheads” were a faction of the Democratic Party who constantly argued for peace, searching for a compromise that would leave the country divided with slavery intact. Has Kuttner considered the lesson that perhaps some Democrats are yielding to the same temptation with regard to the War on Terror?

Seward was a leading light in the Republican Party, a well-educated lawyer from New York. As Secretary of State, many were convinced that Seward was the real power behind Lincoln’s Administration. Lincoln was the untutored Western puppet tethered to Seward’s strings. This miscalculation is presently mirrored in the assertion that Bush is a figurehead behind the real powers, Vice-President Dick Cheney or alternatively political adviser Karl Rove.

Both Lincoln and Bush suffered under ineffective or self-aggrandizing subordinates. Lincoln could never persuade General George McClellan to wage an aggressive campaign on Confederate Armies, while the general spent his time complaining and blamed others for failures. McClellan is reminiscent of terrorism adviser Richard Clarke, who through two administrations managed not to deal effectively with the Al Qaeda threat, yet always managed to paint himself as the put upon hero.

While Seward was a rival that became a friend and confidant to Lincoln, another rival Salmon Chase effectively managed the Treasury in the Cabinet, but would not relinquish his presidential ambitions. He constantly worked behind the scenes to undermine Lincoln, confident that the Republican Party would turn to him in 1864. Lincoln tolerated this while he needed Chase at Treasury. When Chase submitted his resignation in a fit of pique over a Treasury appointment, Lincoln quickly accepted the resignation and replaced Chase with a more congenial person. This is reminiscent of Collin Powell’s experience. Though Powell was not seeking the presidency, he and professionals in the State Department were quietly undermining presidential policies through leaks to the press. At the end of the first term, when Powell submitted his resignation, Bush quickly accepted. He replaced Powell with the supportive Condoleeza Rice. Powell did not even last to the second inauguration.

Godwin’s Team of Rivals reminds us of many important lessons we can learn from Lincoln and how truly singular Lincoln was. As usual, the Left ignores the most important lessons and reveals an animosity to Bush not unlike that endured by Lincoln.

Where the WMD Went

Saturday, January 28th, 2006

“Bush lied and people died” is the mindless refrain that substitutes in some quarters for trenchant political analysis. The suggestion is that Bush lied about the presence of weapons of mass destruction (WMD) to lead us into war in Iraq. Of course, a lie is not simply an error in fact; it is an act whose intent is to deceive. It is truer to say that the assertion that “Bush lied” is itself a lie, or at least an attempt to obscure the truth.

Before the war, there was broad consensus in the American intelligence community that Iraq possessed some significant quantities of chemical or biological agents as part of a weapons of mass destruction program. This was also the consensus of foreign intelligence services.

William Cohen, President Bill Clinton’s Secretary of Defense was “absolutely convinced that there are weapons… I saw evidence back in 1998 when we would see the inspectors being barred from gaining entry into a warehouse for three hours with trucks rolling up and then moving those trucks out.” Even Senator Edward Kennedy argued, “We have known for many years that Saddam Hussein is seeking and developing weapons of mass destruction.” The list of high officials, including former President Bill Clinton himself, who agreed with this assessment, is long.

That was the pre-war belief. Now we know the Iraq Survey Group (ISG) found only a couple of dozen WMD shells. This is consistent only with the sloppy unaccounted residue of a previous larger WMD program. However, the ISG also concluded that Iraq was biding its time and planned to resume it WMD program as soon as sanctions, atrophying by 2003, were lifted. Specifically they wrote: “There is an extensive, yet fragmentary and circumstantial, body of evidence suggesting that Saddam pursued a strategy to maintain a capability to return to WMD after sanctions were lifted by preserving assets and expertise. In addition to preserved capability, we have clear evidence of his intent to resume WMD as soon as sanctions were lifted.”

However, questions remain. If Saddam had no significant quantities of WMD, why did he behave as if he had WMD by continuing to impede the weapons inspectors? Why did he eventually kick the inspectors out of Iraq? If he had simply complied with the UN’s inspection regime, he would not have suffered billions in lost revenue associated with the sanctions. What happened to the stockpiles of anthrax that Saddam’s regime originally claimed? There was no evidence of its destruction and as inspector Hans Blix argued one does not simply loose track of WMD, “Weapons of mass destruction aren’t like marmalade”

After the liberation of Iraq, there were stories that stockpiles of WMD were sent to Syria before the war. These reports were recently buttressed in the book Saddam’s Secrets by General Georges Sada, a former general of the Iraqi air force . Sada claims the that Iraqi civilian airliners were modified and filled with WMD by members of the Republican National Guard, and flown to Syria under the guise of civilian air traffic. Sada’s source for this report was the pilots who flew the flights.

The explanation that Saddam removed his WMD to Syria is not a pleasant development because it arms a cruel regime with powerful weapons. However, it does have the virtue of closing the logical circle. It resolves the pre-war intelligence about WMD with the lack of stockpiles after the war.

By all accounts, Sada retains considerable credibility and he is soon to be briefing some US Senators. Nonetheless, Sada’s story remains a third party account, rather than eyewitness testimony. While persuasive, it cannot alone be considered definitive. However, it is an important piece of evidence that needs to be evaluated in the context of other clues. This is story that begs for investigative reporting that does not seem to be forth coming. People are just too comfortable with the conventional wisdom that there were never where WMD in Iraq.

It is very possible that the Administration is already convinced that WMD managed to find its way to Syria, but has not publicly made the case. It might prefer to endure the political damage and loss of credibility about pre-war intelligence than be forced at the present time to deal directly with Syria.

Gore Disappoints Once Again

Sunday, January 22nd, 2006

From a distance it is difficult to understand former Vice-President Al Gore. The old Al Gore of the 1980’s was the essence of a serious, thoughtful Senator who eschewed extreme positions or language. He gave careful thought to policy issues. Though sometimes he displayed an amateurish certitude about environmental issues, he was earnest. On national security, Al Gore was the rare Democrat who was not reflexively anti-military, uncomfortable and embarrassed about American wealth and power. During the first Gulf War, led by the first President George Bush, Gore was one of a minority of Senate Democrats who voted to authorize the use of force by Bush to liberate Kuwait after the Iraqi invasion.

Even during the Clinton years, despite some ethical lapses with regard to campaign fund raising, Gore, in comparison to the often puerile President Bill Clinton, appeared an adult. Gore spent a good fraction of his 2000 presidential campaign against the then Governor George W. Bush desperately seeking to escape the sleazier aspects of the Clinton years.

Something about the drawn-out, heart-breaking, devastatingly close loss to George Bush in the 2000 presidential election altered Al Gore’s public persona. He was no longer a serious person. He morphed into an angry, almost bitter, political hack. It is not just that his positions lurched to the Left. More than Gore’s positions changed. Almost overnight, Gore’s temperament became petulant and boorish.

We cannot ascertain with certainty from afar if the wrenching 2000 election snapped something in Gore. An alternate possibility is that Gore’s underlying personality was revealed once it was unconstrained by the discipline the maintaining political viability. However, it is hard to believe that Gore could have effectively concealed his true temperament and ideology for a long public career before 2000.

Not even Democrats any longer cling to the fiction that Gore is still a serious thinker. Gore’s recent speech at Constitution Hall on January 16 is just one more step in the decline of the former vice-president into irrelevancy.

The central question addressed by Gore’s speech is whether a President has the legal authority, under his powers as Commander in Chief, to eavesdrop on communications between enemies outside the United States when they are communicating to people, perhaps even US citizens, in the United States. It was recently revealed, that President Bush had authorized such surveillance to those communication with Al Qaeda or its associates outside the US.

The issue is a serious one which straddles the borders between executive, legislative, and judicial functions. However, Gore in his speech used the phrase “rule of law” nine times without conceding the uncertainty of the law in this issue. Although the US Supreme Court has not ruled here, a number of lower court decisions concede Presidential authority to conduct wireless searches without a warrant in case of national security.

If he had not been so bent on trying to inflict political damage on the President, Gore could have offered an interesting perspective. After all, he had served in high positions in both the legislative and executive branches. How does Gore square his present conclusion that the Commander in Chief does not have warrantless search authority with the fact that the Clinton Administration used such warrantless searches in prosecuting spy Aldridge Ames? Does Gore agree with Clinton’s former Deputy Attorney General Jamie Gorelick that the “Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes.”

Maybe Gore had not considered such issues before, but it would seem incumbent on him to present his current disagreement with President George Bush on these matters in the context of the decisions of his previous Administration.

Though one would hate to depend too much on what is reported on 60 Minutes, Steve Kroft reported there on February 27, 2000 (the last year of the Clinton Administration) that:

“If you made a phone call today or sent an e-mail to a friend, there’s a good chance what you said or wrote was captured and screened by the country’s largest intelligence agency. The top-secret Global Surveillance Network is called Echelon, and it’s run by the National Security Agency and four English-speaking allies: Canada, Great Britain, Australia and New Zealand.”

Does Gore deny what Steve Kroft reported? If not can he explain under what authority the Clinton Administration supported Echelon?

Perhaps most irresponsibly, Gore tried to tie Bush’s national security surveillance of communications with Al Qaeda with FBI wiretaps of Dr. Martin Luther King, Jr. in the 1960s. That was a case of using wiretapping authority to target domestic political opponents. There is no evidence that this was the use of the present surveillance. To connect the two is a tasteless exploitation of the travails of King during the Civil Rights movement.

Instead of the careful consideration and balancing of the important issues involved, Gore seeks to criminalize Constitutional and legal disagreements by calling for a special prosecutor. An independent legal opinion commissioned by the Justice Department recommended a special prosecutor to investigate Gore’s campaign finance irregularities. Gore escaped this predicament because Attorney General Janet Reno stubbornly refused to appoint one. One might have thought under such circumstances, Gore would shy away from cavalierly recommending a special prosecutor. One might have thought that someone who hid behind the steadfast defense, that there was “no controlling legal authority” would decline to criminalize actions in murky areas of the law. One would have thought that some who once so assiduously sought the respect accorded a serious policy thinker could have used his voice to explore the important legal and Constitutional questions recently raised.

Gore could have become an elder statesman when the Democrats could have used one; instead he has become a clanging cymbal.

Deficit of Decency

Sunday, January 15th, 2006

The schoolyard teaches most an instinctive distaste for bullies: people who use their position to insult and humiliate others. The person who quietly stands up to a bully, the person who prevails against mean-spirited intimidation, and the person who overcomes a bully at his own game gains a measure of sympathy. Judge Samuel Alito earned such sympathy during last week’s confirmation hearing on his appointment to the US Supreme Court.

Such Senate hearings have long ago ceased their function of gaining important information about nominees. Questions about qualifications, legal temperament, and judicial philosophy can be answered by examination of the public record, the interview of other professionals who know the nominee, and private discussions between Senators and the nominee.

The primary purpose of the hearings has degenerated to preening by Senators for the benefit their respective constituencies. That is why far more than 50% of the time is occupied by Senatorial discourses as opposed to time for answers by the nominee. As a consequence, the hearings have come to reveal for more about the Senators than they do about a prospective Supreme Court justice, what is revealed is not pretty.

We are treated to the comical spectacle of Senator Charles Schumer (D-NY) suggesting that perhaps Judge Alito is not sufficiently open-minded when everyone in the hearing room knows that Schumer’s mind is welding shut against Alito’s ascendance to the Supreme Court. From the beginning, Schumer’s mind will not be pried open by the crowbar of evidence to even consider voting for Alito.

While Schumer’s questions may have proved comical, Senator Edward Kennedy’s (D-MA) questioning of Alito during the hearings was transparently hypocritical. Given Kennedy’s rather conspicuous history of inappropriate personal conduct, his questioning of the integrity of others is embarrassing.

Even more shameful is Kennedy’s suggestion that Alito is a racist because in “Alito’s 15 years on the bench, Judge Alito has not written one single opinion on the merits in favor a person of color who alleged race discrimination in the workplace.” This carefully worded accusation is deftly designed to deceive. The record shows that Alito voted in favor of individuals of color, however, on a three-judge panel, he “writes” about one-third of the opinions. Moreover, appeals courts rule on the law and not the merits of a case. Thus, by carefully circumscribing the universe of decisions, Kennedy tried to paint Alito as a racist. Using a similar tactic of dishonesty, one could conjure negative inferences from the fact that Kennedy has never voted for an African-American for the Supreme Court. Of course, his single opportunity to do so came during the nomination of Clarence Thomas by the first President George Bush to the Supreme Court.

Ultimately, though such behavior may endear some Democratic Senators to the hard-Left, it further isolates Democratic Senators as mean-spirited partisans. As Alito quietly and politely addressed the questions posed, this picture of competence was juxtaposed against Senators fumbling case law citations. When finally the camera showed Mrs. Alito, worn out by days of personal smears against her husband, breaking down in tears and excusing herself from the hearing room, the hearings were effectively over. The Democratic Senatorial attack had failed.

Over fifty years ago, Senator Joseph McCarthy, who had bullied others, was asked by attorney Joseph Welch, “Have you no sense of decency, sir?” Last week’s hearing revealed that the Senate still retains some who would smear others in pursuit of political advantage. There remains a decency deficit in the Senate.

The Source of Satisfication

Sunday, January 8th, 2006

One delusional deceit of sloppy sociology remains the inference of broad conclusions resting on the flimsiest of proof. Typically, the sought after conclusion is already accepted axiomatically and evidence is culled, trimmed, and pruned until it is fashioned to support the conclusion. Perhaps it is in this vein that we indulge the self-serving assertion that Americans are happier and more satisfied than our European friends and that happiness is a consequence of how we have organized our respective economies.

When asked by the Harris Polling Corporation, 58% of Americans claim that they are very satisfied with their lives. This compares with 31% of Europeans who are similarly pleased with their lives. However, Europe is even more diverse than the United States and results vary tremendously between countries. Nearly two-thirds, 64%, of Danes are very satisfied with their lives, whereas only 3% of the Portuguese make the same claim.

Now there are many non-economic cultural factors, which may affect happiness. The quality of family life or the role of religion and spirituality will certainly influence happiness. Nonetheless, we can search economic factors for clues to happiness. While economic well-being may not be sufficient for happiness, economic stress will certainly make life more difficult. If happiness is linked to the choices we make in our lives, then an increase in the scope of choices possible by more economic resources should be reflected in happiness statistics.

Americans and European have differing economic philosophies. Americans enjoy a less regulated and less taxed economy. The consequences are high levels of growth, employment, and inequality. Europeans enjoy a narrower income distribution, but many European economies suffer from high unemployment rates and low growth. Which approach is more correlated with happiness? Which is more important to happiness income, employment or income equality?

Using data from 16 European countries and the United States, we correlated income, unemployment, and income equality with happiness. We used per capita Price Purchasing Parity (PPP), a measure of how much people can buy in their local economies, as a proxy for income. Unemployment is measured by the traditional unemployment rate. Inequality is measured by the Gini index, where the value100 corresponds to perfect income inequality where one individual receives all the income of a society. The value 0 corresponds to perfect income equality, where everyone has an equal income.

As expected, the higher per capita purchasing power, the lower the unemployment rate, and the greater the economic equality, the more satisfied people claim to be. PPP, unemployment rate, and the Gini index are not sufficient to explain, by themselves, personal satisfaction, but some patterns emerge. The square of the correlation coefficient measures the fraction of the country-by-country variation in self-professed satisfaction that is linearly related to PPP, unemployment, and income equally. The data, such as they are, reveal that 34% of the variations in happiness can be accounted for by per capita purchasing power, 19% by employment, and less that 1% by inequality. It would seem then that personal satisfaction is related to how much we have to spend, whether we have the dignity of a job and very little on how much more our neighbors might earn.

Too much should not be made of the rather cavalierly gathered statistics presented above. However, it is part of the American intuition that we are better served by a robust, less encumbered economy and this seems to be born out. Americans seem to be less upset that there are rich people around; perhaps because they aspire to be rich themselves one day.

US Outpaces EU Productivity

Sunday, January 1st, 2006

One delusional deceit of sloppy sociology remains the inference of broad conclusions resting on the flimsiest of proof. Typically, the sought after conclusion is already accepted axiomatically and evidence is culled, trimmed, and pruned until it is fashioned to support the conclusion. Perhaps it is in this vein that we indulge the self-serving assertion that Americans are happier and more satisfied than our European friends and that happiness is a consequence of how we have organized our respective economies.

When asked by the Harris Polling Corporation, 58% of Americans claim that they are very satisfied with their lives. This compares with 31% of Europeans who are similarly pleased with their lives. However, Europe is even more diverse than the United States and results vary tremendously between countries. Nearly two-thirds, 64%, of Danes are very satisfied with their lives, whereas only 3% of the Portuguese make the same claim.

Now there are many non-economic cultural factors, which may affect happiness. The quality of family life or the role of religion and spirituality will certainly influence happiness. Nonetheless, we can search economic factors for clues to happiness. While economic well-being may not be sufficient for happiness, economic stress will certainly make life more difficult. If happiness is linked to the choices we make in our lives, then an increase in the scope of choices possible by more economic resources should be reflected in happiness statistics.

Americans and European have differing economic philosophies. Americans enjoy a less regulated and less taxed economy. The consequences are high levels of growth, employment, and inequality. Europeans enjoy a narrower income distribution, but many European economies suffer from high unemployment rates and low growth. Which approach is more correlated with happiness? Which is more important to happiness income, employment or income equality?

Using data from 16 European countries and the United States, we correlated income, unemployment, and income equality with happiness. We used per capita Price Purchasing Parity (PPP), a measure of how much people can buy in their local economies, as a proxy for income. Unemployment is measured by the traditional unemployment rate. Inequality is measured by the Gini index, where the value100 corresponds to perfect income inequality where one individual receives all the income of a society. The value 0 corresponds to perfect income equality, where everyone has an equal income.

As expected, the higher per capita purchasing power, the lower the unemployment rate, and the greater the economic equality, the more satisfied people claim to be. PPP, unemployment rate, and the Gini index are not sufficient to explain, by themselves, personal satisfaction, but some patterns emerge. The square of the correlation coefficient measures the fraction of the country-by-country variation in self-professed satisfaction that is linearly related to PPP, unemployment, and income equally. The data, such as they are, reveal that 34% of the variations in happiness can be accounted for by per capita purchasing power, 19% by employment, and less that 1% by inequality. It would seem then that personal satisfaction is related to how much we have to spend, whether we have the dignity of a job and very little on how much more our neighbors might earn.

Too much should not be made of the rather cavalierly gathered statistics presented above. However, it is part of the American intuition that we are better served by a robust, less encumbered economy and this seems to be born out. Americans seem to be less upset that there are rich people around; perhaps because they aspire to be rich themselves one day.

Hamilton versus Jefferson

Monday, December 26th, 2005

Last week the New York Times reported that President George W. Bush had directed the National Security Agency (NSA) to intercept communications between suspected Al Qaeda members and people in the United States. NSA has long intercepted solely foreign communications. Indeed, such intercepts are a major source of intelligence. Until the practice was revealed in court proceedings, the NSA gained valuable intelligence from Osama Bin Laden’s satellite phone communications.

Wiretapping or other surveillance of electronic communications within the United States usually falls within the purview of the Federal Bureau of Investigation (FBI) in its capacity for domestic law enforcement. In a domestic law enforcement case, such “searches” are generally authorized by a warrant issue by a judge upon presentation of probable cause.

In cases of gathering foreign intelligence, the law and practice become more complex. Whether one approves of the searches ordered by the president or not, there is a fairly long judicial trail permitting such searches under the “commander-in-chief” provisions of the Constitution. At the very least wide latitude is granted and the limits of such latitude have not been clearly circumscribed.

The Courts have consistently explicitly allowed electronic surveillance in national security cases. Indeed, in United State v. Buck in 1977, the Ninth Circuit Court concluded that “[f]oreign security wiretaps are a recognized exception to the general warrant requirement.” Summarizing the history of the jurisprudence on the matter in 2002, the United States Foreign Intelligence Surveillance Court of Review [page 48] concluded that “…court[s] to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information… We take for granted that the President does have that authority and, assuming that is so, [the Foreign Intelligence Surveillance Act] could not encroach on the President’s constitutional power.”

Bush is not the first modern president to claim and exercise such inherent authority even on those engaged in foreign intelligence on US soil. President Jimmy Carter used this authority in the prosecution of Truong Dinh Hung, a person prosecuted for spying on behalf of the Socialist Republic of Vietnam. Evidence against convicted spy Aldrich Ames under President Bill Clinton was also acquired by a warrantless search. Indeed, Clinton’s former Deputy Attorney General Jamie Gorelick argued that the “Department of Justice believes, and the case law supports, that the president has inherent authority to conduct warrantless physical searches for foreign intelligence purposes.”

Ultimately, the debate about such warrantless searches revolves around the broadness of two Constitutional provisions. Article II of the US Constitution invests the prerogatives of the Commander-in-Chief of the Armed Forces. Gathering intelligence in the fulfillment of this responsibility (not for general law enforcement) is a presumptive power of the President. On the other hand, the Fourth Amendment to the Constitution prohibits “unreasonable” searches.

This friction between these provisions mirrors an ongoing tension between different governing philosophies at odds since the ratification of the Constitution: the Hamiltonian and Jeffersonian views.

Alexander Hamilton a chief apologist for the Constitution, in the Federalist Papers, strongly argued for a strong central government and a strong executive in particular. As Hamilton explained, “Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks…” Of those opposed to the ratification of the US Constitution, many cited the power granted the president as too sweeping. Hamilton certainly would have been comfortable with Bush’s exercise of executive authority.

By contrast, Thomas Jefferson (at least while not serving as President) would have argued against such authority. Jefferson deeply distrusted government, any government, and would have believed that procedural impediments should always tie executive authority.

The irony is that a largely free and democratic republic would have never survived over two centuries but for the Hamiltonian bow to the practical exigencies of government. It was Hamilton who first argued that there were “implied” powers inherent in the federal government. On the other hand, the Jeffersonian ideal of limited government continues to provide important salutary rhetorical constraints on the growth of government power.

The current debate is yet another extension of the Hamilton and Jeffersonian dialogue begun two centuries ago. However, lest we get too carried away with the current debate, it should be remembered that the three largest erosions of individual liberty in the last few years have been the extension of eminent domain powers, limits on freedom of speech implicit in campaign finance reform, and the prohibition of protests around abortion clinics.