Author Archive

Going After Wal-Mart

Tuesday, April 12th, 2005

At over $55,000 per year, the state of Maryland enjoys one of the very highest household median incomes in the country. It is reasonably well insulated from business cycles by its geographical proximity to that well spring of spending: the federal government. Yet despite this, Maryland is running a budget deficit. Its government is so poorly run that Nathan Chapman Jr. a money manager was found guilty of defrauding the state retirement system last year. With this background of achievement, it is no wonder that the legislators of the state feel competent to tell Wal-Mart how to run its business.

This week the Maryland state legislature passed a bill directed against Wal-Mart. The bill specifically states that any private company in Maryland employing more than 10,000 people must spend at least 8% of its payroll on health care. Although there are a couple of companies as large, Wal-Mart is the only one for which the bill has any relevance.

Wal-Mart provides benefits for most its full-time employees. Wal-Mart’s strategy is to hire relatively few full-time employees with full-benefits supplemented by part-time employees including those elderly greeters at the front door who are, in many cases, covered by Medicare. This formula of efficiency and low prices has worked for Wal-Mart which has seen spectacular growth.

Many states will make foolish specific concessions to companies like Wal-Mart to entice them to enter. Maryland must be pretty well off if it not only eschews these advantages, but latches on to the anti-corporate Left-wing zeitgeist and directly penalizes Wal-Mart.

One might have been sympathetic if Wal-Mart were intruding into a small area and driving out Mom and Pop operations, while assuming monopoly control with their relentless efficiency. In the case of Maryland, however, the largest anti-Wal-Mart whiner is Giant Food Corporation that had grown fat in a grocery market oligarchy it dominated until Wal-Mart moved in. So the Maryland legislators get to have it both ways: They hobble the competitor of a politically-powerful Dutch-owned company, Ahod, the parent company of Giant, while at the same time congratulating themselves for championing the working class.

One indication of how little thought went into the legislation is the fact that it is rather poorly crafted. Should the measure of health care be the cost? Though health care has certainly improved over the last decade, costs grew faster. What if Wal-Mart was able to provide a medical plan superior in coverage to a more expensive plan at the cost of 6% rather than 8% of payroll? Maryland’s legislature again revealed the Liberal tendency to measure effectiveness as money spent rather than product or service out.

Wal-Mart’s present status with respect to provision of health care is complicated. The Maryland’s Citizen’s Health Initiative claims Wal-Mart spends 3.5% of its payroll on health care. While Wal-Mart claims that 56% of its workers are covered through its medical plan, while 86% are covered through medical plans of some sort: medical coverage through a spouse or some other alternative.

Wal-Mart with its 15,000 employees in Maryland now has several non-exclusive choices in complying with the Maryland law. They could just pass on additional costs to consumers, hurting customers that tend to be working class people for whom price is critical. Wal-Mart could partially balance increased health care costs by laying-off workers to meet the legislatively mandated 8% number. Or, they could meet the 8% legislative mandate by increasing the generosity of health care benefits for higher-paid full-time workers and still ignore part-time workers.

Most likely they will employ some combination of the above. The immediate loser may be the less-affluent Somerset County, Maryland. Wal-Mart had planned on building a distribution center in the county that would employ 1,000 people. Wal-Mart is now reconsidering these plans. Fortunately, for the Maryland legislature, those potential employees probably do not realize that they lost prospective employment. Maryland legislators can still sip wine at the cocktail parties while they congratulate themselves on their moral sensitivity in using someone else’s money to stand up for the working class. They should be so proud of themselves.

New Questions on Long-Term Care

Sunday, March 27th, 2005

Conservatives and Liberals tend to have different ideas about the sphere within which individuals ought to be allowed free rein for their discretion. Liberals believe that young teenage girls have the moral insight and experience as well as the right to decide to undergo abortions without parental notification. At the same time, they hold that adults are incapable of managing a portion of their social security payments in private retirement accounts. The decisions of teenage girls on an issue of intense moral significance are sacrosanct, while adults require government supervision to manage their retirement.

On the other hand, Conservatives are eager to extend freedom by lowering tax rates and allowing taxpayers to keep more of their own money. The Conservative intuition holds that control of personal resources broadens the scope of personal discretion and thus freedom. But, woe to anyone who wishes to spend their money on recreational drugs.

Even the Libertarian position has its problems. Liberations claim to want to maximize freedom of choice and believe drug use ought to be a matter of personal choice. However, if abused, recreational drug use certainly curtails the freedom of the user. It is an open question as to which policy concerning drug use effectively maximizes freedom

The Terry Schiavo case also raises interesting and important questions about the extent and limits of personal sovereignty. There appear to be two questions that are at issue here. The issues are separate but abrade against one another. The first question is: What level of treatment would Ms. Schiavo have wanted? In the absence, of clear documentation of her preferences, who should decide on her behalf? At this point, her husband and her parents are at odds as to Ms. Schiavo’s wishes and the law gives the spouse presumptive guardians status. The second issue is the determination of the mental status of Ms. Schiavo. Is she in “permanent vegetative state” with no consciousness and no realistic prospects of consciousness returning? Is she is a semi-conscious state with some awareness of her surroundings and some ability to interact?

Let us lay aside for a moment the particulars of this case and ask more general questions about the limits of personal sovereignty and autonomy? Do we wish to grant people personal sovereignty in all cases? When we are not considering palliative care in the terminal stage of life, but long term care, do we expect others to grant all our wishes with respect to care? Christopher Reeve, the actor made famous in the Superman movies who was paralyzed in an accident, required medical care to stay alive, but lived many years before his final illness. He could not feed himself or take care of other needs, but was perfectly conscious and aware. If he asked that his medical care be stopped because he did not want to accept the quality of life afforded a quadriplegic, would we be obliged to honor and assist in this request? Ought we refuse and thereby limit his personal discretion? Can the state step in and prevent assisted suicide by someone who decided that he does not like the quality of his life? Is a person’s life and existence entirely his own, or do we all have an important interest in everyone else’s life?

If a person is in a persistent vegetative state, if he has no conscious, should that person be considered dead? While we would all concede the necessity to exercise extreme caution in coming to this diagnosis and the necessity to resolve any doubt by presumptively asserting that there is latent consciousness, it is possible to conceive of situation where all are morally certain that there is no “there” there. In such a case, is there any obligation to maintain life even if that person had earlier requested such extraordinary treatment? Are we obliged to honor the wishes of someone who would have directed us to maintain their bodily functions, even after brain death?

Much has been made as to what Terry Schiavo would have wanted. However, few are asking broader questions that have escaped noticed as people have argued about the facts of this case. Do individuals have the right to refuse long-term care because of quality of life issues? Do individuals have the right to ask that life sustaining care be continued after a careful diagnosis of brain death? With ever more capable and expensive medical care and with the Baby Boom generation entering the last third of third lives, these questions are sure to be asked more and more frequently.

Just Slow Down

Sunday, March 20th, 2005

“The case of Terri Schiavo raises complex issues. Yet in instances like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. Those who live at the mercy of others deserve our special care and concern. It should be our goal as a nation to build a culture of life, where all Americans are valued, welcomed, and protected and that culture of life must extend to individuals with disabilities.” — White House Press Release, March 17, 2005.Terri Schiavo and the question as to whether her feeding tube ought to be disconnected touches on so many issues of morality, law, and family, that is often difficult to sort out the conflicting issues so that they may be carefully and precisely weighed. The White House statement above is just a restatement of the common sense notion that on matters of life and death one ought to act with reasonable caution. As this is being written, Ms. Schiavo’s feeding tube has been removed and unless it is restored, she will likely die of starvation and dehydration in two weeks. At the same time, both houses of Congress are scrambling to open up the possibility of a review by the Federal courts of the decision by state Judge George Greer to allow the removal of the feeding tube.

About 15 years ago, Terri Schiavo suffered a stroke that left her severely disabled. The degree of her mental impairment is at the center of this case. Presently, Ms. Schiavo’s parents and siblings wish to care for her and maintain her life, while her husband, de jure if not de facto, insists the his wife would have wanted the feed tube removed. Ms. Schiavo has no living will stating her preferences for treatment. By both common law and state law, the discretion in this case is given to the husband.

Part of the popular confusion of the case derives from the fact that many of us have or will be faced with ostensibly similar situations with respect to ailing relatives. In the last week of her life, as my aunt was dying of pancreatic cancer, she asked not to be fed. As her body was shutting down, the addition of more food and water was her causing extreme discomfort. The lack of food was less uncomfortable than being fed. She insisted that she not be fed in the final days of her life. Her express wishes were honored.

This and similar situations should not be confused with Ms. Schiavo’s circumstances. Until the feeding tube was removed and despite the fact that her husband placed her in a hospice facility, Ms. Schiavo was not a terminally ill patient. She is being killed by starvation because the state court of Florida has determined that in her “persistent vegetative state” it is permissible for her husband to decide that her life is not worth living.

Despite the years of litigation, there are important issues that ought to be resolved before the state permits Ms. Schiavo’s life to be taken. Consider the following two important questions:

  • Is Ms. Schiavo in truly in a persistent vegetate state? There are apparently important medical tests, including MRI’s and PET (Positron Emission Tomography) that have not been performed that can more clearly assess the actual extent of Ms. Schiavo’s brain damage. Surely, if we can delay the execution of convicted criminals pending the results of DNA tests, we can wait for more dispositive tests in the case of Ms. Schiavo. The state judge in the case refused to allow the new tests.
  • Michael Schiavo, Terri’s husband, long ago moved in with another woman and has fathered two children by her. It is possible to understand how a person might decide to move on with his life. However, after having done so, should this person’s discretion now take precedence over parents in determining what is to happen to Terri Schiavo? In addition, given the fact that physical and other therapy that might have improved Ms. Schiavo’s condition were not permitted by her husband, there seems to be evidence that he may not have his wife’s best interests at heart.

There is no pressing need to kill Ms. Schiavo now. If she is really mentally dead and incapable of feeling pain, then a little more time connected to a feeding tube should not be an issue. A headline at MSNBC opines that “The time has come to let Terri Schiavo die.” This mode of thought perfectly misunderstands the situation. Until it can be unequivocally stated that Ms. Schiavo has no brain function and it will not return, the removal of her feeding tube is not letting her die. It is killing her, just as surely as if the feeding tube were pulled from any number of other disabled people, like the late Christopher Reeves.

Signs in 1976

Sunday, March 13th, 2005

The 2002 movie Signs is about a minister, Graham Hess, played by Mel Gibson, who looses his faith when his wife dies in an automobile accident for apparently no reason. The story is about how this minister comes to see a greater, transcendent purpose in the loss of his wife. In the course of the movie the character Hess lays out two views of the world, when lights from UFOs, presaging an invasion, appear over Mexico City:

“People break down into two groups. When they experience something lucky, group number one sees it as more than luck, more than coincidence. They see it as a sign … evidence that there is someone up there watching out for them.

Group number two sees it just as pure lucky, happy turn of chance. I’m sure that the people in group number two are looking at those 14 lights in a very suspicious way. For them, this situation is a 50/50. It could be bad. It could be good. But deep down they feel that whatever happens … they’re on their own. That fills them with fear. Yeah. There are those people.”

But there’s a whole lot of people in group number one and they see those 14 lights and they’re looking at a miracle. And deep down they feel that whatever’s going to happen, there will be someone there to help them. And that fills them with hope. And what you have to ask yourself is what kind of person are you? Are you the kind that sees signs or sees miracles? Or do you believe people just get lucky? Or look at the question this way. Is it possible that there are no coincidences?”

For Reagan Conservatives (Is there another variety?), Craig Shirley’s new book Reagan’s Revolution: The Untold Story of the Campaign That Started it All, offers powerful evidence for people in group number one — people who believe “that there are no coincidences.”

For most Reagan supporters, 1976 was a devastating year. Gerald Ford had squeaked by Ronald Reagan in the most contested Republican nomination process in contemporary memory to win the Republican nomination. Ford did not formally secure the nomination during the roll call of states at the convention until the West Virginia delegation, the second-to-last state in alphabetical order, cast their vote. Even worse, the conventional wisdom foresaw the marginalization of the Republican Party. Eric Sevareid, in an editorial piece on CBS News, argued that Republican Conservatives were killing the election prospects of Republicans. Others predicted that Republicans would soon go the way of the Whig Party from which they arose just prior to the American Civil War. The New York Times happily concluded that, “Mr. Reagan presumably grows too old to run again…” Jimmy Carter, who camouflaged himself in Conservative vocabulary to hide the soul of a Liberal, had just been elected president. It just doesn’t get any worse for Reagan Republicans.

Adding to this frustration was a certainty that but for a few small turns of chance, Reagan would have won the Republican nomination. If Reagan had won the New Hampshire primary, it would have changed the dynamics of the nomination process. Given the eventual extremely tight outcome, it is highly likely that a New Hampshire primary win would have given Reagan the nomination.

Shirley reminds us of just how close the New Hampshire primary was in 1976. Ford won unexpectedly by a little more than 1,000 votes. Reagan’s campaign made the tactical mistake of leaving New Hampshire a day early certainly costing Reagan votes. Moreover, 2,000 ballots were disallowed because the voters had selected all 24 Reagan delegates even though they were allowed to select only 21. The Reagan campaign had tried to limit the number of Reagan delegates on the ballot, but too many true believers were eager to be formal Reagan delegates and refused to pull themselves from the ballot.

There were a number of similar moments in 1976 that could have easily tipped the Republican nomination to Reagan. However, if Reagan had won the nomination there never would have been the speech when a victorious Ford prompted a Reagan to come to the podium and make extemporaneous remarks. There might never have been the moment when Reagan could speak directly to a Republican convention and seal both himself and Conservatism in their hearts. In a speech that was uncalculated, unprepared, and sprang free from Reagan’s heart, Reagan spoke of the challenge of our generation to stand up to forces of totalitarianism and for freedom. But for his nomination loss in 1976, Reagan might never have had the chance to explain that containment and coexistence with the Soviets was not enough; that “there is no substitute for victory.”

Had Reagan won the won the nomination in 1976, he probably would have lost the presidential election in the shadow of the Watergate scandal. There likely would not have been a Reagan presidency. The Republican Party may have remained mired forever in the limbo between Conservative and Liberal wings. Without a Reagan presidency, the liberation of the Russians and Soviet captive states might have required an additional generation, if it occurred at all. Without a Reagan presidency there might never have been the tax cuts that unleashed an economic boom that reduced inflation, slashed unemployment, and restored hope. But for a few small events, there would never have been a Reagan Revolution.

In 1976, Reagan sought to win a political nomination. He was denied, but as a consequence he later won a presidency that changed the world. Perhaps there are no coincidences.

Decision on Juvenile Death Penalty

Sunday, March 6th, 2005

The Constitution has become so revered that it is now burdened by the popular perception that everything that is good must be mandated somewhere in the Constitution and that the Constitution must prohibit all that is bad.  Though the Constitution protects important individual liberties and privileges, it is primarily a framework and context in which we Americans must decide how to rule ourselves.  We collectively cannot dodge the duty to decide what is wise and prudent and leave decisions up to Courts.  The critical distinction between what is preferred and what is required by the Constitution was lost by the Court in Roper v. Simmons.

Reasonable people can disagree about whether it is wise to apply the death penalty to those who commit a capital offense before their reaching their eighteenth birthday.  Some Libertarians and Conservatives are against the death penalty altogether because that is too much power to grant the state.  Nonetheless and despite the Court’s recent ruling, that is a decision that should be largely left to the people and their representatives. In a decision separated by single vote, 5-4, the Court ruled that after over 200 hundred years the Eight Amendment’s injunction against “cruel and unusual punishment” now prohibits the execution of criminals who committed crimes as minors.  The disappointing part of the decision is the weakness of the arguments used by the Court and the increasing tendency of the Court to float on a sea of social issues unmoored by law and precedent.  The Court basically made four arguments to support its decision:

  1. The people are against the execution of minors.
  2. Jurors are incapable of assessing the maturity of young defendants.
  3. The Court’s members are against the execution of minors.
  4. The world is against the execution of minors.

National Consensus

The words “cruel and unusual” are value-laden and likely to change with time.  The Court now suggests that the country has reached a national consensus that execution for crimes committed as a minor is “cruel and unusual” and that juveniles are fully responsible for their decisions.  However, if such a consensus had been reached then we could see the consensus in decisions of those most attuned to the opinion of the people, elected officials.  Eighteen states permit the execution of minors so empirically there is no broad national consensus as suggested by the Court.  If every jurisdiction, save a handful of small ones prohibited executions for offenses committed as minors, the Court could argue that the country having reached a consensus.  However, at this point the Court is reaching far beyond what can be supported by the evidence.

Juries are Incapable of Weighing Age as a Mitigating Factor

The Court expressed concern that juries would be so emotionally overwhelmed by brutal violent crimes that they would not be able to fairly weigh youth as a mitigating factor.  The Court does not cite evidence for their assertion or provide a single case where a jury erred in this way.   Indeed, the rate at which capital punishment is applied to minors for the same crimes as committed by adults suggests that juries take seriously their responsibility to weigh mitigating factors.  The Court’s assertion is probably laying the ground work for a future argument that jurors are not capable of exercising sufficiently careful consideration of other mitigating factors such a poverty and emotional immaturity and therefore all capital punishment is “cruel and unusual.”

The Court Has the Necessary Moral Sensibility

The Court rather arrogantly asserts that it is the moral arbiter affirming that “[I]n the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eight Amendment.”  Justices are chosen on the basis of their legal abilities not on their moral perceptions and are no more qualified than legislators in deciding moral issues.  We do not choose philosophers, theologians, or ethicists for the Court.  We choose legally-trained minds.  Yet, there appears not limit to the wisdom which members of the Court will ascribe to themselves.  As Justice Antonin Scalia argued in his dissent, “By what conceivable warrant can nine lawyers presume to be the authoritative conscience for a nation?”

The World is Against It

Perhaps most disconcerting is Court’s argument that constitutional interpretations are buttressed by international opinion. Justice Kennedy writes that, “The opinion of the world community, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions.”

The experience of other countries is a relevant argument in legislative debates about any issue.  However, the Court’s appeal to international authority is unprincipled since it not an argument that the majority of the Court would apply to other cases.  As Scalia points out, the Court would find inconvenient international opinions in other controversial areas.  Only six countries permit abortion-on-demand up to viability.  Does this international consensus deserve consideration in the Court’s abortion decisions?  Should the Court overturn the exclusionary rule that prohibits the admission in court of evidence illegally obtained by the police because no other countries choose to observe such a restriction?  Should the Court permit the direct funding of religious schools because a consensus of European countries finds that this does not foreshadow a theocracy? No. These international decisions do not support the Court’s current positions.

A majority of the Court has demonstrated in this case a willingness, indeed an eagerness, to twist principle and ignore law in the service of the outcome they politically prefer independent of the Constitution. More appointments to the Court by Bush can not come too soon.

Anti-Bush Mythology

Sunday, February 27th, 2005

Mythologies are difficult to debunk because they filter the way people processes information. Information buttressing the mythology is given disproportionate even dispositive weight. Contradictory information is ignored or dismissed. Yet, mythology comforts because it eases the burden of considering alternative ideas or the challenge the uncomfortable facts.

One such mythology holds that President George W. Bush is a religious zealot, who believes he receives directives from God to prosecute a war on terror and specific instructions on how to conduct it. With this mythology, critics can explain Bush’s apparent steadfastness in terms of a blind and uncritical faith by someone not quite in full control of his faculties. As someone facetiously asked, “Does President Bush even tip his hat to reality as he goes breezing by?”

It does not take much scrutiny to undermine the weak foundations upon which anti-Bush partisans build their prevailing mythology. One primary source for this anti-Bush mythology is David Corn who writes in The Nation:

“[Bush] claimed his duty was to defend the United States. This remark — coupled with Bush’s comment that `there is a higher father that I appeal to’ — does make it seem that Bush believes he is on a mission from God. That might scare some, but it would not be so problematic if Bush also believed that God expects him to engage in self-examination and critical and honest discourse…”

Here, Corn takes a single sentence from Bush, “There is a higher father I appeal to.” as evidence to suggest, in Corn’s words, that Bush is on a “mission from God.” Corn provides a patina of fairness and credibility by cautioning that we have to evaluate Bush’s remark in the context of whether Bush is sufficiently introspective.

Yet, we and Corn really do have sufficient context. Corn does not have to look very far to find it. The fuller background of the Bush’s remark comes from Bob Woodward’s book Plan of Attack. Woodward asked Bush whether he consulted his father, the former president, about Iraq. Bush was a little uncomfortable is answering the question. If he made it sound as if he constantly consulted his father, he would appear as the little Bush — a “shrub” in the words of Liberal columnist Molly Ivins.

Bush answered Woodward’s question in a broader context saying,

“You know he is the wrong father to appeal to in terms of strength. There is a higher father that I appeal to.”

With the simple neglect of the preceding sentence, Corn turns the Bush’s perfectly reasonable statement, that he uses his faith as a source of strength, into the subtle suggestion that Bush is on a zealous “mission from God,” Corn pretends to ask for context, then appears to deliberately ignore it.

Lest there be any doubt as to the role of Bush’s faith, Bush explained to Woodward:

“I’m surely not going to justify war based upon God. Understand that. Nevertheless, in my case, I pray that I be as good a messenger of His will as possible. And then, of course, I pray for personal strength and for forgiveness.”

Surely, we can ask no more of anyone than that he seeks to be a “messenger of His will,” is humble enough to pray for “strength,” and recognizes the invariable necessity to request “forgiveness.”

However, that explanation is too reasonable; too modest, too eloquent, too consistent with the understanding of most people of faith, and too incompatible with the prevailing Left-wing mythology to enter the discussion.

Faith-Based Presidency or Faith-Based Criticism

Sunday, February 20th, 2005

If you happen to run into the journalist Ron Suskind, be nice to him. He has had a rough time recently as the lead thesis of two of his most prominent and controversial projects have proven conspicuously false soon after the publication.

In The Price of Loyalty, Suskind teamed with the President George W. Bush’s controversial first Treasury Secretary Paul O’Neill. Anti-Bush partisans wanted desperately to believe that decision to attack Iraq was made early in the Bush Administration, well before 9/11. Proof of such would lend credence to the belief that the attacks on 9/11 were merely a convenient excuse to go into Iraq.

Suskind and O’Neill believed that O’Neill had seen a smoking gun. Suskind quoted Paul O’Neill has having seen a Pentagon document listing oil contractors for a post-War Iraq. Suskind should have filed a Freedom of Information Act request for the documents like the public interest group Judicial Watch did. If he had, he would have realized that the documents were not what he hoped and believed they were. This particular charge had to wait to be independently debunked and even Paul O’Neill himself backed away from charge. Of course, the thesis persists long after to evidence for it was withered under the harsh sun of open scrutiny.

Then in October 2004, Suskind wrote an investigative piece, “Without a Doubt,” that appeared in the New York Times Magazine. The timing was not uncorrelated with then pending election. The piece led off with a provocative sentence from Republican Bruce Bartlett that, “…if Bush wins, there will be civil war in the Republican Party starting on November 3.” November 2 rolled around, Bush won re-election bringing with him larger majorities in both the House and Senate, the first time any president had done so since 1936, with nary a Fort Sumter in sight.

Suskind was using a technique as old as political reporting. Find a disgruntled ex-administration official whose ego is a little bruised, and you will likely have someone who is anxious to explain how a foolish administration refused to listed to his brilliant ideas and analyses.

In “Without a Doubt,” Suskind’s thesis is that Bush is absolutely certain in his policies, brokers no dissent, and is constrained by his “preternatural faith-induced certainty in uncertain times.” According to Suskind, “The president has demanded unquestioning faith from his followers, his staff, his senior aides and his kindred in the Republican Party.” Suskind views strong religious faith as both a metaphor and reason for Bush’s supposed closed-mind and unflinching approach to governance.

Suskind perpetuates the misunderstanding that the Founding Fathers were “…adamant about erecting a wall between organized religion and political authority.” Of course, Suskind must know the real words of the First Amendment are, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Jefferson referred to a wall of separation in a letter to the Danbury Baptist Association in Connecticut, which can hardly claims the force of law, the consensus of the Founding Fathers, or even consistency with Jefferson in other contexts. None of the Founders wanted a state-sponsored religion, but neither did they expect their leaders to exercise judgment without the sustenance of their faith or that religion be removed from the public square. Indeed, what ever “wall” there was did not prevent the Founders from conducting voluntary services in off hours at the Capitol or from referencing the “Creator” in the Declaration of Independence. Suskind drive-by assertion on the Founding Fathers’ view of the appropriate relationship between church and state is embarrassingly puerile.

Less interesting than what Suskind’s article claims to say about George Bush or about the Founders, is what it says about post-modern notions of faith, notions probably shared by many of Suskind’s New York Times readers. To those of faith, Suskind’s article makes no sense. The arrogant intransigence Suskind assigns to Bush is not in the nature of faith, but rather the antithesis of it. However, to the irremediably secular, faith is a blind, uncritical acceptance by people too intellectually and emotionally immature to think critically. Those who are susceptible to religious faith are probably just as uncritical and credulous in other areas as well.

It is presumptuous to speak of anyone else’s faith, but it a service to people with Suskind’s world view to broaden their notions of faith. I am not privileged to peek into Bush’s personal life, but if Bush’s faith is anything like the faith of some of other American presidents, it is a faith that sustains in difficult times. It is a faith that sustains not because things will not go wrong, but because of a conviction that these problems too are part of a grander plan. It is not a faith that stops self-doubt, but allows one to proceed in the face of personal uncertainty. It is not faith that refuses to question. It is faith that requires constant self examination. It is not a faith that presumes that God acts solely through us, but recognizes that we are all imperfect agents.

Perhaps it is best to illustrate a mature faith, with an example from a President that some have foolishly and mistakenly regarded has having little faith: Abraham Lincoln. In the middle of the nineteenth century, politicians often spoke in religious terms, using religious imagery. Hence, it is difficult to separate convenient pious platitudes used for effect, and genuine belief. Abraham Lincoln, fortunately, left a paper trail.

According to Ronald White Jr.’s new book The Eloquent President, Lincoln was in the habit of writing notes to himself on scraps of paper and on the backs of envelopes and then placing these scribblings for safe keeping in his hat. Later Lincoln would ponder these words and ideas, rearrange the notes in different order, as a way to consider, develop, and organize his thoughts. Years after Lincoln’s presidency, meditative notes were found that Lincoln wrote to himself and not for the public. These notes provide key evidence as to the place of faith in Lincoln’s thinking. Lincoln begins his reflection:

“The will of God prevails. In great contests each party claims to act in accordance with the will of God. Both may be, and one certainly must be wrong. God cannot be for, and against the same thing at the same time.”

Nonetheless, humans must act. Lincoln writes that though God’s purpose can certainly differ from those of either party, “…human instrumentalities, working just as they do, are of the best adaptation to effect His purpose.” In Lincoln’s faith and I suspect George Bush’s as well, and as expressed in Lincoln Second Inaugural address, a person must proceed, “…with firmness in the right, as God gives us to see the right…”

What frustrates Bush’s critics is his stead fastness rather than intransigence. They fail to see or acknowledge change and growth which would undermine their thesis of rigidity. When the Civil War began, Lincoln’s goal was the preservation of the Union and issue of slavery was a secondary issue. In 1861, Lincoln wrote,

“My paramount object in this struggle is to save the Union, and is not either to save or destroy slavery. If I could save the Union without freeing any slave I would do it; and if I could save it by freeing all the slaves I would do it; and if I could save it by freeing some and leaving others alone I would also do that.”

Later Lincoln issued the Emancipation Proclamation because he came to understand that saving the Union required the liberation of slaves.

When the War with Iraq began, Bush’s purpose was to secure Americans, to the extent possible, against terror. One way to do this was to remove the threat of weapons of mass destruction from Iraq. Bush’s views have grown and matured. He now appreciates that terrorism is rooted in the lack of freedom and democracy. Freedom and democratic societies are not fertile grounds for terrorists.

The only unreasonable certainty in Suskind’s “Without a Doubt,” is Suskind’s credulity in believing and repeating everything negative he has ever heard about Bush and the small-minded view of faith underpinning his article.

The Case of Ward Churchill and Academic Tenure

Sunday, February 13th, 2005

For people with a politically Conservative perspective, Ward Churchill is just one of those gifts that keep on giving. For many years, Conservatives have been pointing out to a largely indifferent country, that parts of universities, particularly the humanities departments, have become tenured bastions for the far-Left, largely out of touch with most Americans and only loosely connected to serious scholarship.

Enter Ward Churchill, chairman of the Department of Ethnic Studies at the University of Colorado. Professor Churchill was to be a speaker at Hamilton College. Churchill probably believed that this was to be one of many speaking engagements at an American university where one can get paid to spew vicious, hateful statements, rally radical students, and pass largely unnoticed by not only a majority of students on campus, but by the world at large.

However, this time before his speech at Hamilton College what Churchill had been saying for some time about 9/11 came to popular attention before he could speek at Hamilton College. Bill O’Reilly at FoxNews perhaps deserves credit for bring Churchill to national attention.

The people who died in the 9/11 attacks represented people from all walks of American life and insulting them was the same as insulting all of America. Churchill compared the people working at the World Trade Center on 9/11 to functionaries of a Fascist system, specifically calling them “little Eichmanns.” Adolph Eichmann was technocrat in the Nazi regime who managed the logistics of the Holocaust. Ward Churchill was suggesting that those that died on 9/11 were not innocent and somehow deserved what happened to them.

Every serious person now recognizes Churchill as a scheming charlatan who plays up a fictitious American Indian background and relies on the generosity of the taxpayers of the Colorado to subsidize his speech and provide him the patina of legitimacy. There is little to be gained here by towering yet one more one silly statement of his upon another. To do so would be grant him more credibility than he deserves. Churchill’s cruel and hateful speech, however, has shined a light upon other questions about academia.

Churchill is a tenured professor at the University of Colorado and as such can not and should not be dismissed for making irresponsibly foolish statements. The real question is by what criteria is the University of Colorado granting tenure. Mr. Churchill does not have a PhD, the usually required credential. However, a university might overlook that particular credential if Churchill had an exemplary publication record in peer-reviewed journals. It seems that Mr. Churchill is lacking in that area as well.

The truth is that there are some departments at some universities that are not really scholarly departments, but rather paid centers of advocacy that universities tolerate lest they be considered less than tolerant. The support of such departments is protection money to keep campus peace. Ask yourself whether any science or engineering department at the University of Colorado would have hired as a professor, much less granted tenure to and make chairman of a department, anyone with as few scholarly credentials as Churchill.

Of course, there are exceptions to the rule that angry anti-Americanism comes from non-scholarly, indeed anti-scholarly enclaves at universities. Noam Chomsky is a broadly recognized expert in linguistics at the Massachusetts Institute of Technology who vocally spews far Left, largely anti-American politics. In some sense, Chomsky has earned the right (that is tenure) by his scholarship to enter the university dialogue.

Yet in the case of Churchill, a mistake is a mistake, and to support the concept of tenure, the University of Colorado will have to tolerate Churchill for at least a little while longer. The Rocky Mountain News in Denver is now lavishing on Churchill the scrutiny the University of Colorado should have devoted before granting Churchill tenure. According to the Rocky Mountain News, there is some question as to whether Churchill has committed plagiarism. It is too soon to tell, but the University of Colorado may yet find a way to use possibly fraudulent scholarship on the part of Churchill as a cause for dismissal and a way to circumvent tenure.

Somewhere at the University of Colorado, there must have been an academic dean who signed off on Churchill’s tenure. If that person is still at the university, he or she ought to be dismissed for allowing a person without sufficient scholarly credentials to be granted tenured.

It is unfortunate that it is only under the pressure of public embarrassment, that the University of Colorado may do the right thing. What of all the other Churchill’s holed up in ivory towers, not pursuing scholarship put political advocacy?

Human Shields

Sunday, February 6th, 2005

There is much to be learned from and admired about those who have effectively used nonviolent resistance to produce political and social change. Mahatma Gandhi used such resistance to hasten Britain’s departure from India and was responsible for the development of much of the intellectual frame work of and practical techniques for nonviolent resistance. Gandhi’s experience informed the Rev. Martin Luther King’s nonviolent approach to civil rights for black Americans in the United States. Nations too can apply nonviolent pressure with success. Economic and political sanctions against South Africa played a role in the eventual collapse of apartheid. It is certainly not a coincidence that nonviolent techniques, calling upon the conscience of an oppressor, works when some conscience remains and when the political structures are democratic.

As honorable and heroic as nonviolent resistance can be, it is unlikely it could have been successfully applied to Nazi Germany, Stalinist Russia, or some other totalitarian states. First, in the leadership of such states there is little or no residual conscience to call upon. Second, the media are controlled and there is little opportunity to touch the hearts of the masses, and even if hearts are touched there are no democratic structures to express the will of the people. Nonetheless, brave protests by the people certainly help hasten the fall of communism in Poland and the recent efforts to insure fair elections in the Ukraine.

Nonviolent resistance can also be employed cynically and frivolously. In the prelude to the Iraq War, there were a number of people who preened in front of the press, humbly identified themselves as “Truth Justice Peace Human Shield Action,” and setoff to Baghdad to act as human shields to protect Iraqis from the Americans and the British. As overt hostilities approached most of these erstwhile shields reconsidered their options, decided that discretion was the better part of valor, and scurried back to their home countries. Others realized they had made a mistake giving any comfort to Saddam’s regime. In truth, American and British weapons were targeted at military targets and humans shields in front of water plants or hospitals would have little to fear from Coalition forces. The fact that some would offer to be human shields is an implicit acknowledgement that Coalition forces would be reticent about striking civilian targets.

When Gandhi used nonviolent resistance against the British he declared that “Democracy, disciplined and enlightened, is the finest thing in the world.” By contrast, terrorist leader Abu Musab al-Zarqawi fumed that, “We have declared a bitter war against democracy and all those who seek to enact it.” It is unlikely that such terrorists would have been very much moved by Gandhi’s techniques or likely to employ them. Those former human shields must have implicitly arrived at the same conclusion, because there are no human shields protecting schools or hospitals in Iraq now.

Where were those brave human shields on January 30, 2005 when Iraqis were going to the polls? Before the war, the spokesman for these heroes proclaimed, “Our strategy is potentially dangerous but that is the risk we must take in standing beside our brothers and sisters in Iraq.” Somehow now, standing with their Iraqis brothers and sisters in polling lines with the real possibility that someone might ignite a car bomb in the vicinity proved a little too risky. It was Iraqi soldiers and policemen that stood by Iraqi citizens as they voted, not self-important Lefties. It was American soldiers and Marines who helped Iraq stand up against the moral equivalent of the Klu Klux Klan.

During the Iraqi elections there was at least one person who genuinely qualifies as a human shield, 29-year-old Abdul Amir al-Shuwayli. Shuwayli was an Iraqi policeman guarding a polling place in Baghdad when he recognized a suicide bomber striding towards the polls. According to USA Today:

“Shuwayli threw his arms around the bomber and drove him backward about 50 feet into an intersection. The rush seemed to catch the suicide attacker by surprise. The bomber had a hand grenade but failed to throw it. A second or two passed before he detonated an explosive belt… The blast shredded Shuwayli, whose body took the brunt of the explosion. It also tore the bomber apart, leaving only his face intact.”

After the incident, as if in protest against the suicide bomber, more and more people came out to vote at the polling place Shuwayli protected. Shuwayli is now honored in the area as a martyr. Shuwayli’s sacrifice has not received quite the press coverage or attention as those pre-war human shields did. However, Shuwayli did far more for Iraqis than many others who are more adept at garnering attention than making accurate moral judgments.

Begin the World Over Again

Thursday, February 3rd, 2005

The brave Iraqis queued in long lines, undeterred by threats of violence, to cast their ballots must have believed in the words of Thomas Paine’s Common Sense, “We have it in our power to begin the world over again.” By becoming the first Arab state in the region to have democratic elections, the Iraqis may indeed be beginning, not only their local world, but their entire region over again.

In one important sense, the argument about Iraq is definitely over. After the immediate euphoria of liberation from the Saddam regime, the extent to which the Iraqi people wanted to move toward a democratic society or would side with the “insurgents” and lapse back into tyranny was an open question. It is no longer. Iraqis have made clear that they want to control their government, rather than be controlled by it. There are many steps from tyranny to a fully functional democracy and the Iraqis may or may not make it, but it is now obvious they aspire to democracy. The insurgents do not represent the Iraqis and no longer even pretend to be a popular movement. They openly intend to acquire and maintain power at the point of a gun.

There are certain crucial or historic turning points that we emotionally recognize by the fact that the hairs on the back our necks prick upward: a marriage, the birth of a child, watching ecstatic Germans chipping away and toppling the Berlin wall. The Iraqi election passed this “back of the neck test.” The joyous dancing, the broad smiles on people dressed up out of respect for the importance for the election, and two fingers, one dyed with purple ink, held up in a defiant victory sign all bespoke an authentic embrace of democracy.

What is disheartening is how people here on the Left can not bring themselves to rejoice fully in the election even if they have legitimate and honest questions about American Iraqi policy. You do not have to be a Bush supporter to recognize that something very good happened this on January 30, 2005 in Iraq. The problem is not only people like Congressman Dennis Kucinich of Ohio who several days before the election cynically predicted it would be a “farce” [1]. Kucinich long ago relinquished the right to be considered a serious or thoughtful critic. It is pundits like E. J. Dionne, Richard Cohen, or John Nichols who acknowledge the importance of the elections, but who feel compelled to nitpick and to caution incessantly about the future, who are putting an unnecessary damper on elation over the Iraqi election. Sure there will be many more problems ahead, but those can wait a while.

This petulance is analogous to watching a child struggle to take their first step. We rejoice and remember that first step, even though it is immediately followed by more falls then steps. Yet the child grows and is soon on the soccer field not only running, but juggling a ball with its feet. The future will come without our hastening it and now is a time for celebration unspoiled by ill-tempered nay-sayers and obstructionists. Remaking the world represents a long journey and the Iraqis have taken their first bold step.