Archive for the ‘Politics’ Category

The Challenge Ahead

Sunday, February 2nd, 2003

“In the skies today we saw destruction and tragedy. Yet farther than we can see there is comfort and hope. In the words of the prophet Isaiah, `Lift your eyes and look to the heavens. Who created all these? He who brings out the starry hosts one by one and calls them each by name. Because of His great power and mighty strength, not one of them is missing.’ The same Creator who names the stars also knows the names of the seven souls we mourn today. The crew of the shuttle Columbia did not return safely to Earth; yet we can pray that all are safely home.” — President George Bush, February 1, 2003.

Not many people appreciate how close the Apollo 11 landing on the moon came to a national catastrophe in 1969. As Neil Armstrong and Buzz Aldrin were nearing the lunar surface, they were having difficulty finding an appropriate landing spot. The astronauts were running low on fuel. If they could not find a suitable place to land, they would have to eject the lower half of the lunar landing module and ignite the engines of the upper portion. This upper portion would return them to lunar orbit. There they could rendezvous with the lunar command module and return to the Earth without ever landing on the moon. Intent on landing on the surface, Armstrong and Aldrin continue to search for a place, pushing the envelope of safety. When they finally landed on the surface, they only had seconds of fuel remaining.

If the lunar module had run out a fuel causing the it to crash on the surface, it is hard to imagine the enormous sense of tragedy the nation would have suffered, the bitter recriminations that would have followed, and the deadly sense of inadequacy that would have suffocated future exploration. In the contentious 1960s, the man’s attempt to reach the moon was one of the few national endeavors that united rather than divided. All this might have been lost, if the lunar module had a few seconds less fuel.

The odds finally caught up with the space program in 1986, when an O-ring in a solid rocket booster was a little too brittle on a cold morning. If full view of television cameras, the shuttle Challenger exploded killing all on board. The event was a particular shock because it shattered the illusion of invincibility that the American manned space program had acquired.

As this is written, the space shuttle Columbia has just disintegrated over the middle of Texas, fifteen minutes from landing in Florida. No one can know with certainty what went wrong. There will not be the same recriminations that would have occurred if Apollo 11 had failed. Chastened by the Challenger accident, the public will be very saddened, but not disillusioned. NASA is no longer considered invincible.

There have been over 100 shuttle launches. The broad public no longer shares the joy of discovery and accomplishment, but does feel the burdens of sadness when things go very wrong. One real danger is that the public will no longer want to finance manned spaceflight, perhaps fearful of the inevitable future tragedy. Indeed, interest has already withered. Over the last decade, NASA’s budget has declined and its programs starved. At present, it represents, only 0.7% of the entire federal budget. The public pointedly did not respond to the Challenger accident with an invigorated manned space program. The Challenger and Columbia astronauts certainly have given their “last full measure devotion” to meet the challenges of space exploration. The public certainly has not matched the effort of these explorers with sufficient support.

The shuttle Columbia was built in the late 1970s and first flew in April 1981. By his time, a second-generation shuttle, a shuttle design that could incorporate the experience of the first shuttle system, should be coming online. There is no such system for want of funding. This lack of financial support is the inevitable consequence of a public that is no longer intrigued in spaceflight and there is precious little political leadership to nurture such interest. There is no shortage of brave and energetic explorers willing to take the risks. NASA regularly turns away many highly qualified astronaut candidates. The only real way to do honor to the fallen astronauts is to support an invigorated NASA. We did not meet this challenge with the loss of Challenger. It remains to be seen what our collective response to the loss of Columbia will be.

The Irrelevance and Decline of France and Germany

Sunday, January 26th, 2003

“But justice and generosity in a nation, as in an individual, count most when shown not by the weak but by the strong. While ever careful to refrain from wrongdoing others, we must be no less insistent that we are not wronged ourselves. We wish peace, but we wish the peace of justice, the peace of righteousness. We wish it because we think it is right and not because we are afraid. No weak nation that acts manfully and justly should ever have cause to fear us, and no strong power should ever be able to single us out as a subject for insolent aggression.” — Theodore Roosevelt.

Many Islamic countries have managed to hide their economic and political failures by blaming the more prosperous West, and especially the United States as Satanic. Of course, the supreme irony for these religious zealots is that Allah (within the narrow vision of these zealots) would seem to be economically rewarding these same blasphemous Western cultures. Even resource-wealthy countries like Saudi Arabia are having difficulty maintaining the extravagant lifestyle of the ruling families, so it permits a simmering militant strain of Islam to prosper.

Now Europe follows this sad example. For the last three decades, Europeans have chosen the path of growing government control of the economy. They, are now realizing that despite a greater population, they are being economically outpaced by Americans. The economic dynamism of the United States has resulted in 57 million new jobs here, while collectively the members of the European Union have managed to create an anemic 5 million since 1970.

European politicians sometimes exploit the consequent political unrest by diverting anger to the United States. Last year, German Chancellor Gerhard Schroder faced with a plummeting economy and popularity, ran for re-election on a patronizingly anti-American platform. It is easier to feel morally superior to Americans, than it is to come to grips with German economic inadequacy and self-imposed impotence.

Arrogant European condescension manifests itself in other petty little ways. Two years ago, Europeans voted secretly to replace the United States on the United Nations Human Rights Commission with the Sudan. It seems some of the European governments are willing to welcome a country where slavery still persists to a Human Rights Commission so long as it will poke a stick in America’s eye. Under different circumstances, this behavior would be a silly annoyance. We now live in serious times.

After the United States was attacked on September 11, a new sense of urgency to deal with terrorism and its sources has swept the United States, less so in Europe. Despite initial feelings of sympathy for the United States, a recent poll suggests that two-thirds of European elites smugly feel that it is “good for Americans to feel vulnerable.” Americans do not agree.

In a matter of weeks after September 11, the United States, with only 400 soldiers on the ground, managed to end the sanctuary that the Taliban government of Afghanistan was offering Al Qaeda terrorists. The Europeans managed to provide some marginal military aid in this response, but only at the cost of deliberately and demonstrably false accusations that the United States was causing massive civilian casualties and engaged in the wholesale torture of prisoners. In reality, the United States response in Afghanistan liberated the Afghans from a repressive regime and prevented winter starvation.

We now turn our attention to a long festering threat. Since their defeat at the end of the Gulf War in 1991, the Iraqis, by everyone’s admission, has been violating the terms of the cease-fire agreement. They are seeking to accumulate weapons of mass destruction, which they are willing to use against their own people. They are in league with the terrorist underworld, as they provide money and other support to the families of homicide bombers that deliberately kill innocents in Israel. These latter efforts are in clear violation of United Nations Security Council Resolution 687, which required Iraq “not commit or support any act of international terrorism or allow any organization directed towards commission of such acts to operate within its territory.”

This fall, the United States managed to persuade a reluctant world and Europe that Iraq’s non-compliance with relevant UN resolutions undermined the effectiveness and authority of the UN. This same reluctance to act against Fascism doomed the League of Nations. Last fall the Security Council agree 15-0 that “Iraq has been and remains in material breach of its obligations.”

It now seems that at least France and Germany did not really mean what they said. They now lambaste the United States for not showing more patience with the UN inspectors in Iraq. This argument is particularly disingenuous because were it not for the United States willingness to use military force, there would be no inspectors in Iraq. It was not the appearance of the French Air Force or the German Army on the horizon that compelled Iraq to allow in the beloved inspectors.

It is clear now that the French and the Germans never meant to compel compliance. The UN resolutions were just a delaying tactic to buy time for Iraq in the hopes that American resolve would wither. The French and the Germans are not willing to face their clear obligations under the November resolution. They are willing to live with a rapidly re-arming Iraq, especially since the likely targets will not be Europeans, but Israelis or Americans. Or perhaps, in their jealous pique with Americans, they are willing to weigh in on the side of Isalmo-facists as long as they are anti-American. You might have thought that their collective experience living under Fascist regimes, they would harbor particular antipathy to such regimes.

In the November resolution, the UN agreed that, “false statements or omissions in the declarations submitted by Iraq pursuant to this resolution … shall constitute further material breach.” Even the softheaded UN inspector Hans Blix has admitted to the Security Council that Iraq has not accounted for 20,000 liters of anthrax, 1.5 tons of VX nerve gas, biological growth media, or Scud missiles Iraq is not allowed to possess.

It now seems likely that the United Nations Security Council under the veto of the French will not authorize the use of force against Iraq to enforce the November resolution. It also seems likely that the US will do so nonetheless. The result will be an ironically strengthened UN with its resolution enforced, but it would weaken France and Germany. They will sink into political irrelevance much as their collective economic importance continues its decades-old decline.

When Theodore Roosevelt delivered the words in the citation above, the American Century was just beginning. Roosevelt’s words reflected the American ethos of vigor and strength. The United States began the century as a modest economic and military power with enormous potential. Mighty European governments spent the century devouring each other, sapping each other of not only economic energy but spiritual vigor and confidence. Unlike its European counterparts save Great Britain, the United States begins this century with the same governmental institutions in began the last century with. This is an important measure of the resilience of these institutions.

The United States begins this new century the dominant economic engine of the world and certainly its strongest military power. It is impossible to know for certain where in the registry of countries the United States will find itself at the end of the century. Perhaps by the sheer size of its population will make the 21st century the Chinese century. Unfortunately, Europe is a dying echo of his previous grandeur, a pleasant land of pleasant, quiet, and irrelevant people. It declines into self-indulgent middle age, comfortably sitting on the sidelines. How sad.

The Obligations of Supreme Command

Sunday, January 19th, 2003

“At the summit, true strategy and politics are one.” — Winston Churchill.

It has long been a concern of political philosophy to structure military organizations in democratic societies that are strong enough for legitimate defense while sufficiently constrained to protect civilian society from excessive military influence. In the words of Plato, how does a society create a military, “gentle to their own and cruel to their enemies?”

In mature, constitutional democracies, this problem has largely been solved. There is no real probability that a Western-style democracy in North America or Europe will fall in a military coup. Nonetheless, the relationship between a civilian-controlled military and its civilian leaders remains a serious question.

In 1959, Samuel Huntington wrote The Soldier and the State: The Theory and Politics of Civil-Military Relations, which has come to be the seminal piece on the subject and is studied at military colleges. Huntington made the case for what is now the conventional wisdom about civilian-military operations. According to Huntington, the role of civilian leadership is to set clear, achievable military objectives and then allow a professional military to design and implement the means to achieve these objectives.

This conventional wisdom has been reinforced by what many people believe is the lesson of the Vietnam War. In Vietnam, President Johnson is perceived as having restrained the military from achieving victory, while micromanaging to the point of personally reviewing target lists.

Professor Eliot Cohen of the Paul Nitze School of Advanced International Relations of the Johns Hopkins University in Supreme Command: Soldiers, Statesmen, and Leadership in Wartime turns this reasoning exactly on its head. Cohen argues that successful wars are best conducted with intimate control by civilian authorities over military decisions and a constant dialogue between civilian command authorities and military commanders. As military strategist Claus Von Clausewitz explained “war is simply a continuation of political intercourse.” Waging war is not a single decision. Rather it is a set of continuing decisions in response to changing circumstances many with direct political import. War necessitates decisions on alliances, strategies, means, and limits that are more political than empirical. As Georges Clemenceau explained, “War is too important to be left to generals.”

In making his case, Cohen examines the war record of four successful wartime leaders: Abraham Lincoln during the American Civil War; Georges Clemenceau, French leader in World War I; Winston Churchill Prime Minister of Britain during World War II, and David Ben-Gurion, Prime Minister of Israel during the Israeli War for Independence.

In all these situations, Huntington’s admonition to acquiesce to expert military advise was not even possible given the fact the generals often differed sharply in the their advice and perspective. Through constant oversight, questioning, prodding, and haranguing, these leaders forced their generals to devise and implement coherent military strategies. This often involved reorganizing military commands and individuals to adequately implement civilian decisions. Abraham Lincoln had to work through a series of generals until he found ones that were competent and aggressive enough to implement his vision of victory.

If Lincoln had simply instructed George McClellan to defeat the South and not intimately involved himself in the conduct of the war, the United States would likely be two countries today. One of these countries may have maintained the institution of slavery throughout the nineteenth century. If Clemenceau had relinquished authority to Marshal Ferdinand Foch, an even harsher peace would have been imposed on post-war Germany than the disastrous Treaty of Versailles. Indeed, Foch could have caused a greater political rift with England and the US that would have inhibited the alliance against Nazi Germany during World War II. Without the continuous and severe audit of the military’s judgment by Churchill in practical and detailed military matters, resources would have been squandered and lives lost, perhaps changing the outcome of the war. If Ben-Gurion had not leashed in disparate military groups forcing them into a single coherent command during the formation of Israel, the Israel Defense Forces may have never marshaled the limited resources necessary to defeat an enemy that overwhelmingly out numbered them.

In Vietnam, rather than there being too much civilian oversight, there was far too little critical supervision. Despite a reputation for abrasiveness, President Lyndon Johnson never forced his generals to formulate a coherent strategy for winning the war when their efforts were clearly ineffective. It would be impossible to imagine Abraham Lincoln allowing a General William Westmoreland to remain in command for four years of ineffectiveness. The military never really gave Johnson any options above merely more of the same: more bombing, more firepower and more soldiers. Indeed the sheer size of the American forces delayed the transition of the indigenous South Vietnamese Army from a petty bureaucratic impotent institution into a force that could effectively defend South Vietnam with only modest US assistance. Johnson should have reassigned generals and commanders until he found a set that demonstrated a successful strategy for victory, if indeed such a strategy existed.

Cohen argues that Vietnam does not make the case for letting generals run the war. Rather Vietnam is a classic example of a debacle that can follow inadequate civilian direction of the military. As President George Bush contemplates war with Iraq, he should not be so foolish as to employ the dogs of war without retaining some control over their leashes. In many ways, how and when to attack Iraq has important political imports. The responsibility to make these decisions resides with the president.

A Democrat the Republicans Should Worry About

Sunday, January 12th, 2003

Originality is not safe. Trying to duplicate past successes is boring, but it offers the greatest chances for repeating. That explains why when one genre of television show is successful, like Survivor, the show is duplicated or permutations along the same theme appear. The same can be said of politics.

On the national level, Bill Clinton was the Democrat’s latest and biggest success. In 1991, fresh off the victory of the Gulf War, the first President George Bush’s approval rating was astronomical. Many of the Democratic heavy-weights, like then Senator Al Gore, declined to run. They did not want to squander an opportunity to be the party’s nominee in a futile effort. This left the field open for relative unknowns, like an obscure former Governor of a small southern state, Bill Clinton.

Random factors seemed to fall in Clinton’s favor. Although the recession had ended by early 1992, unemployment rates still had not responded and the economy appeared sluggish. This, accompanied by what some considered a diffident attitude by President Bush, who seemed preoccupied with foreign policy rather than domestic discontent, provided Clinton an opening. Moreover, maverick third-party candidate Ross Perot garnered 19% of the popular vote and may have very well tipped the outcome in the 1992 in Clinton’s favor. Nonetheless, give credit where credit is deserved, Clinton took the political gamble and won.

Clinton was the recipient of a few political advantages that have helped Democratic presidential hopefuls. First, he was from the South. No Democrat from a state north of the Mason-Dixon line has been elected President since 1960, when John Kennedy won. Not only have Democrats from the north, or northwest not won, they have been clobbered. Just ask George McGovern, Walter Mondale, and Michael Dukakis. Jimmy Carter from Georgia defeated President Gerald Ford in 1976 and Tennessee’s Al Gore won a popular national majority in 2000. If Gore had just managed to win his home state, he would have won in the Electoral College and be president today. It is clear, if the Democrats want to win, they would best look toward a candidate from the South.

Second, Clinton effectively nurtured an image as a moderate. He was a member of the Democratic Leadership Council that had tried to wrest the Democratic Party from its more Liberal elements that up until that point had doomed Democrats to losses in three sequential presidential elections. Jimmy Carter too had run as a fiscally conservative moderate. Whatever, one’s evaluation of how they governed, Clinton and Carter did not run as traditional Liberals.

If Democrats are looking for a candidate that has a reputation as a moderate and is from the South, Senator John Edwards from North Carolina, who just declared his intention to run for president, fits the bill. Add to that his youthful and vigorous appearance, and the current President George Bush could have a formidable opponent.

Bush’s current popularity ratings are high, but if the economy does not rebound and if the War on Terrorism is perceived in 2004 to be inconclusive, Bush like his father could prove to be more vulnerable than he now appears. If so, Edwards’ political bet could pay off.

David Broder of the Washington Post notes that Edwards’ political gamble in running for president may be an all or nothing proposition. Apparently, “Votes he cast on labor union matters and some social issues have won favor from important national Democratic constituencies but do not sit well with many voters at home.” Edwards appears to be lurching to the political Left for help in the Democratic primaries.

In dealing with a potential Edwards candidacy, Republicans would want to emphasize his more Liberal positions. What part of the political spectrum does John Edwards occupy?

Professor Keith Poole of the University of Houston uses an “Optimal Classification” algorithm to cluster Senators and Representatives based on their voting patterns. He can rank politicians as more or less Liberal or Conservative depending on how often their votes align with other Liberals or Conservatives. The rankings can be a little wacky because there are a lot of votes on matters that are more partisan and organizational than ideological. Nonetheless, the rankings are an interesting way to order by a combination of partisanship and ideology.

As one might expect in the 107th Senate, the three most Liberal Senators were Russell, Feingold (D-WI), Mark Dayton (D-MN), and Jon Corzine (D-NJ). Interestingly, the late Paul Wellstone (D-MN) ranked fourth. On the other end of this one-dimensional spectrum, the three most Conservative members of the Senate were Don Nickles (R-OK), Phil Gramm (R-TX), and Jon Kyl (R-AZ).

In such a ranking, John Edwards is only the 38th most Liberal member of the Senate. That places him toward the Conservative end of the Democrats. However, there is a significant distance between Republicans and Democrats and ordered ranking has its limitations. Being toward the Right of the Democratic Party does not necessarily place Edwards at the nation’s political center.

The Americans for Democratic Action score Edwards as having voting with them 70% of the time. The mean score for all Democrats is 86% and for all Republicans 11%. The other side of the political spectrum ranks Edwards in an analogous way. Where Senator Jesse Helms of North Carolina gets a 99% ranking from the American Conservative Union, Edwards hovers between 12 and 16%.

Despite the label of moderate, it is reasonable to expect that Edwards is about as far Left as his constituency will allow and, like Lieberman in 2002, he might move further to the Left to please other Democrats.

Edwards’ background as an “aw shucks” sort of trial lawyer means not only will he have plenty of financial backing in the election, it means that he is skilled in talking everyday folks in to making themselves feel good by taking money from Peter to pay Paul.

The combination of Southern heritage, an appearance of moderation in ideology, and an ability to connect with ordinary people, will make Edwards a formidable candidate if he can survive the Democratic primaries. If their goal is to win the presidency in 2004, the Democrats could certainly do a whole lot worse than picking Edwards and not much better. He ought to be the candidate that Republicans fear most.

A New Generation of Conservatives

Sunday, January 5th, 2003

There are many Conservatives like David Horowitz who rail ceaselessly about the Liberal bias on campus and the consequent lack of a diversity of ideas. William F. Buckley, by contrast, has generally been unafraid of the fact that much of academia leans to the Left. He once observed that good students drive out, or at least ignore, bad teaching. Teachers who are too ideological will likely turn off as many students as they persuade.

Much of politics in the US winds up being a contest between Democrats and Republicans. Despite many rhetorical differences, in practice they govern more similarly than either would care to admit. As a consequence, most Americans and most students are too busy with their daily interests to pay much more than passing attention to politics. Political apathy is perhaps the sign of a mature society that has largely already reached a consensus on large political questions.

Although campuses across the country lean to the Left, the strongest, contingent of Left wing professors inhabit pseudo-intellectual departments like Women’s Studies. The dominant purpose of these departments is not research and honest pedagogy, but ideological proselytization. Students who gravitate to these disciplines largely already have a suitable ideological predilection. Few new converts are secured. The remaining student body will ignore these courses unless they view them as an easy way to pad their grade point averages.

Nonetheless, the Left-ward tilt on campuses has the salutary effect of toughening Conservative-minded students. While Left-leaning students can safely roam like sheep through campus with their ideas unchallenged and unmolested, Conservatives must either learn how to argue their cases in an unfriendly and unsympathetic environment or remain silent. Those who speak up grow in self confidence as they learn to critique their professors and fellow students. In short, the Left on campus has nurtured a new generation of lively and irreverent Conservatives.

Perhaps this is nowhere more apparent that at Dartmouth University in New Hampshire. In the 1980’s, the Dartmouth Review, a Conservative magazine, emerged. The pages of the publication served as a voice for Conservative students frustrated by the uniformity of ideas enforced by political correctness on campus. The Dartmouth Review was been a constant thorn in the side of the Dartmouth Administration and Liberal professors across campus. Many of the stunts the Dartmouth Review staff embarked upon to generate good copy were in bad taste and sophomoric, but remember many of the culprits were sophomores. This crucible has formed a number of Conservative pundits including talk show host Laura Ingraham and writer Dinesh D’Souza.

In his recent book, Letters to a Young Conservative, D’Souza attempts to instruct a new generation of Conservatives. The book is structured as a series of letters to Chris, a fictitious campus Conservative. D’Souza spends much of his time speaking on college campuses. He is thus intimately familiar with the usual arguments of college professors and offers Chris guidance on how to respond.

Though many of the notions D’Souza explains are plain vanilla Conservative ideas, he explains them in a cheerful, straightforward, and lucid way. The book is an excellent primer and source of moral support for the emerging Conservative undergraduate.

Many Conservatives are Conservative by temperament and grow into political Conservatives later. Ingraham and D’Souza represent a new breed on energetic Conservatives who have learned to use the rhetorical methods of the 1960’s radicals on campus to frustrate many of the same radicals who have managed to acquire tenure. For this we have Liberal college campuses to thank.

Lotts of Trouble

Sunday, December 15th, 2002

There are many places where politicians can get themselves into trouble. They can stumble in a response while thinking on their feet in a debate. They can misspeak under the pressure of poignant questioning by the press. Good politicians learn to deal with these situations. Politicians rarely commit political suicide at a birthday party. The Republican Senate Leader Trent Lott managed to rhetorically hang himself.

On December 5, friends of Senator Strom Thurmond were gathered to celebrate the retiring Senator’s 100th birthday. It would have been possible to lavish praise on Thurmond for his length of service, for rising up from his segregationist past, for his love of country. No! Lott had to praise Thurmond’s run for president as a Dixiecrat on the platform of continued segregation in 1948. After making a point of the fact that Mississippi voted vote for Thurmond, Lott added, “If the rest of the country had followed our lead we wouldn’t have had all these problems over all these years, either.”

Now, it is possible to argue that perhaps Lott was speaking of Thurmond’s stand on national defense or that Lott was carried away on the occasion of Thurmond’s birthday. However, the key element of Thurmond’s presidential run was his segregationist policies. Intended or not, Lott’s statement implied an endorsement of those ugly policies.

Since that time, Lott has profusely apologized and recognized the error of his statement. I am sure that the Lott of 2002 is not a segregationist. Lott should not be demonized more that his statement warranted. However, that does not mean that Lott should remain the Senate leader. Much of politics is about symbolism. Having someone who is tainted, no matter how indirectly, with segregation and who is apparently politically inept would not serve his Republican colleagues well. Lott should step down from his Senate leadership position.

This may be hard for some Republicans to accept. They could be rightly upset with the apparent double standard of former KKK member and Democratic Senator Robert Byrd using the n-word and not enduring nearly the same amount of negative attention. Senator Edward Kennedy who soundly criticized Lott was silent about Byrd’s remarks. Former President Bill Clinton has many times lavished praise and honors on the segregationist Arkansas Senator William Fullbright whom Clinton viewed as a mentor. Clinton has immunity from such criticism. Most have forgotten that Jessie Jackson used an anti-Semitic epithet. There is much truth in the quip by Rush Limbaugh that the fastest way for Lott to extricate himself from this self-inflicted mess is to switch parties.

How much more ennobling would it have been if some of the leadership in the African-American had accepted Lott’s apology, worked for true reconciliation, and tested Lott sincerity. There was just too much political advantage to be gained from ignoring that course.

Sure, there may be a double standard, but double standards sometimes are a consequence of holding yourself and your allies to higher ones.

Racial Preferences Case to be Heard

Sunday, December 8th, 2002

“”No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” — Fourteenth Amendment to the US Constitution.

In 1974, President Richard Nixon resigned one-step ahead of impeachment by the House of Representatives; Gerald Ford became president; the Symbionese Liberation Army kidnapped Patricia Hearst, the Godfather II won best picture; and Pong was a popular video game. In the same year, the DeFunis case reached the US Supreme Court.

In 1971, Marco DeFunis applied to the University of Washington Law School. DeFunis is white and claimed he was denied admission as a consequence of the school’s disparate treatment of applicants based on race. Defunis sued the law school asserting he had been denied equal protection of the law under the Fourteenth Amendment. The case was particularly interesting in that the University of Washington never had a history of discrimination against minorities, so there was no question of providing compensatory admissions to minorities.

While the case was being decided, DeFunis was admitted to the law school. By the time the case percolated up to the Supreme Court, DeFunis was within one semester of graduation. The University of Washington agreed that DeFunis would be allowed to complete his studies regardless of the outcome of the case. The majority of the Court ruled the case “moot” and therefore declined to render a decision on the merits of the case. The result was that the practice of preferential treatment based on race was allowed to grow despite uncertain legal limitations.

The classically liberal Justice William O. Douglas dissented on the decision not to review the case. He wrote, “…in endeavoring to dispose of this case as moot, the Court clearly disserves the public interest. The constitutional issues which are avoided today concern vast numbers of people, organizations, and colleges and universities, as evidenced by the filing of twenty-six amicus curiae briefs.”

Four years later, the Supreme Court could not so easily avoid its duties. Allan Bakke had twice been denied admission to the University of California-Davis Medical School. Bakke argued that a program that reserved 16 out of 100 seats for minority students violated the Fourteenth Amendment and the 1964 Civil Rights Act. In 1978, the Supreme Court ruled 5-4 that the quotas used by the University of California were indeed illegal. However favorable the result was for Mr. Bakke, the decision did not settle matters. Justice Lewis Powell, writing for the majority, left open a small crack through which a deluge of racial preferences in university admissions have flooded through. While passionately condemning systematic racial preferences, he suggested if two candidates where comparable, tilting toward the minority candidate would be permissible given the states interest in a varied enrollment. Of course, this incremental help has, in practice, degenerated into policies that are little different from quotas.

Those who implement racial preferences on campuses are so uncertain as to the legality of their position that they hide behind euphemisms and deception. For the longest time, the University of Michigan denied that it used race as a criteria for admissions. Information obtained via the Michigan Freedom of Information Act and suits put the facts of the matter to rest. According to Carl Cohen professor of philosophy at the University of Michigan, “sworn depositions revealed the number of [admission] points awarded for minority status … was decided upon by statistically how many points would be needed to insure” that each entering class consisted of 10-12% minority students.

The university has been reduced to making two contradictory claims: the preferences they award minorities are small and only affect decisions in a few close cases and without such preferences there would be drastic reductions in the number of minorities enrolled.

Any state activity that treats people differently based on race must undergo strict judicial scrutiny. Not only must the state must have a compelling interest in engaging in such discrimination, but the discrimination must be very narrowly tailored to addressing this interest. Racial preferences as commonly practiced by universities do not come close to meeting these tests.

The University of Michigan has presented heavily disputed evidence that students benefit academically from a diverse student body and therefore the state has a strong interest in seeking one. However, even if this could be unequivocally demonstrated, is not likely that discriminating against non-minorities is a narrowly tailored solution to the problem.

To understand why, imagine a different fact situation. Let us assume that it could be proven without serious doubt that segregated classrooms helped the pedagogical process. Would that be sufficient to justify the ugly practice of treating people differently based on skin color? Most certainly not.

Over thirty years since DeFunis was first denied admission to the University of Washington Law School, the US Supreme Court again seems on a collision course with this issue. The Court has agreed to hear a class action suit against the University of Michigan this term brought by plaintiffs Jennifer Gratz and Patrick Hamacher. However, the Court has shifted to the right since the Bakke case. Justices William Rehnquist and John Paul Stevens are the only two judges remaining who participated in the Bakke decision.

On the present Court, there are five strong voices against racial preferences, Justices Rehnquist, Antonin Scalia, Clarence Thomas, Anthony Kennedy, and Sandra Day O’Conner. Those five are enough to end racial preferences in academic admissions. In handicapping the court decision in this case, one would have to bet that in the end, Justice Stevens would also find against racial preferences, though he is certainly a wild card. Justices David Souter, Ruth Bader Ginsburg, and Stephen Breyer can be counted on to engage in the mental gymnastics of arguing that the words of the Fourteenth Amendment and the Civil Rights Act do not mean what they plainly say and racial preferences are legal. The prediction here is that racial preferences, at least as practiced by the University of Michigan, will be ruled illegal 5-4 or 6-3. Moreover, if Justices Scalia or Thomas write the majority opinion, the opinion will be an unequivocal, sweeping, and stinging renunciation of the state-sponsored use of race to separate people, regardless of how benevolent the motive.

Should the President Ever Lie?

Sunday, December 1st, 2002

Recently, an interesting question was been posed here:

“Is it ever justified for a President to lie? If so, when?”

The question is deceptively simple. However, it is complex and depends heavily on what one means by “justified” or “to lie.”

The American Heritage Dictionary defines a lie as “a false statement deliberately presented as being true; a falsehood.” Webster similarly defines a to lie as “to make an untrue statement with intent to deceive.” These are both consistent with St Augustine’s definition of a lie as a “false statement uttered with intent to deceive.”

However, these definitions are too narrow. They depend on a lie as being a false statement. It is possible to make technically true statements that taken together are used to convey a false impression, to make the listener have a false belief or understanding. The technical truth of a statement is not a sufficient defense against the charge of lying. Indeed, the statement need not have been uttered at all. It is possible to mislead someone with a wink, a nod or even a carefully selected silence.

Webster’s second definition of a lie is broader and better, “Something meant to deceive or give a wrong impression.” For our purposes here let us posit five necessary components of a lie:

  1. The act involves communication, whether written, oral, or by some other act.
  2. The act is a serious one, not simply a joke or part of a game.
  3. The person acting intends the communication to be taken as the truth, while knowing it is false.
  4. The person is not acting under duress.
  5. The recipient of the information has a right to the truth.

Most would probably have little problem with accepting the first three components as being necessary for an act to be considered a lie. The fourth condition is meant to excuse the situation where a person has a gun to one’s head and is forced to utter false statements. For an act to be morally judged, the person must be acting freely. It could probably be argued that in such a situation there is no intent to deceive so there is no lie, but I want to make this exception explicit.

The final condition is a little more problematic. There are situations when silence is not sufficient to protect a trust and making a false statement is necessary to protect it. For example, John comes to his friend Joe and discusses medical problems in confidence. A third person, James, later comes to Joe and says, John is acting strangely and inquires as to whether John is having medical problems. James really has no right to the information. If Joe indicates that he is not free to speak about the issue, he will convey to James the impression that his initial guess is true. This is a situation where Joe’s silence is not sufficient to protect a trust. If Joe makes the false statement that he knows nothing of such problems, in this case, he protects a trust with John, without really breaking his trust to James. James had no right to the information to begin with.

What then about a president? A president has a broad moral trust with the public. In meeting this trust, his obligation is to act in the public interest and not necessarily in his own personal interests. Given the definitions of a lie given above, I can see no situations where a lie is justified. For most matters that involve national security, silence would seem to be sufficient most of the time.

However, it is possible to imagine in a national emergency where a president might release false information for the purpose of deceiving an enemy and indirectly also deceive Americans. Such an act would not be a lie because there is no intent to deceive anyone with a legitimate right to the information. It would be acting in fidelity to another higher trust. Ultimately, the truth would come out and it would be up to the people to decide if their trust had been violated.

The answer to the originally posited question is no. There is no reason for a president to lie, if the concept of a lie is properly understood

Whipped Dog Daschle

Sunday, November 24th, 2002

Charity compels us to feel a genuine sympathy for Democratic Senate Leader Tom Daschle. He’s had a rough time of it recently. Last year his office was sent an anthrax-laden envelope that could have killed or seriously sickened members of his staff or the Senator himself. In early 2000, Daschle managed to gain control of the Senate for the Democrats by inducing Vermont Republican Senator Jim Jeffords to become an independent and vote with the Democrats for organizational purposes. Unfortunately for Daschle, Democratic Senate control lasted less than two years, as Republicans regained the majority in the Senate and extended their majority in House in the 2002 mid-term elections.

Daschle has long been criticized by Conservative pundits and commentators, but after the 2002 elections he was also roundly criticized by the Left for his failed leadership. Given a sluggish economy, Democrats had high hopes of maintaining and extending their hold on the Senate and re-taking the House. No wonder Daschle feels beleaguered. One receives the impression that Daschle feels like Senator Morris Udall who having lost in a primary to Jimmy Carter is reported to have said, “The people have spoken — the bastards.” [1]

What else can explain Dachle’s pouting and whining performance last week when he complained that criticism from Conservative talk show hosts was inducing threats on him and his family? Daschle specifically lashed out at Rush Limbaugh for calling him — now prepare your self — an “obstructionist.” Daschle complained that when he was labeled an obstructionist, “There was a corresponding, a very significant increase in the number of issues that my family and I had to deal with. And I worry about that.” Surely Daschle does not believe that the use of this pejorative induces violence, or he would not have used the same precise term himself to label his Republican adversaries.

It was not like Alec Baldwin who on national television said “We should go to Washington and stone Henry Hyde to death… And then we should go to his house and kill his family.” Baldwin was surely jesting, but these remarks were far more irresponsible than characterizing someone has an “obstructionist.”

Politics has always been filled with lively and colorful invective. Perhaps the British are the most adept at the quick insulting witticism. Of one opponent, Prime Minister Benjamin Disraeli once remarked, “The right honorable gentleman is reminiscent of a poker. The only difference is that a poker gives off the occasional signs of warmth.” Of another he said, “A crafty and lecherous old hypocrite whose very statue seems to gloat on the wenches as they walk the States House Yard.” It is too bad no one made a similarly clever observation during the Clinton perjury scandals.

Prime Minister Margaret Thatcher was the recipient of many insults. She was labeled as the “Attila the Hen” by MP Clement Freud; the “Immaculate Misconception” by MP Norman St John-Stevas; and a “half-mad old bag lady” by MP Tony Banks. Reagan also had is poetically proficient detractors. Gore Vidal once described President Ronald Reagan as “a triumph of the embalmers art.” The Democratic Party used to have a cartoon at its web site showing George Bush pushing a elderly lady in a wheel chair down stairs. It was not particularly clever, but certainly not unexpected. [2]

Politics requires self-possession and a skin as thick as an elephant’s. Daschle seems to have forgotten how to laugh at himself and lost the ability to reconcile himself to both political victory and defeat. Perhaps Rush Limbaugh will mercifully ease up on Daschle. As Disraeli once said of another political opponent, “Debating against him is no fun, say something insulting and he looks at you like a whipped dog.”

[1] This quote is also attributed to Dick Tuck who lost a legislative race in California.
[2] Insult Monger.

A Choice Not an Echo

Sunday, November 10th, 2002

The election returns last Tuesday for the Republicans were statistically remarkable and they follow a statistically remarkable election in 2000. Given the state of the economy in 2000, models of election outcomes constructed by political scientists predicted that Vice-President Al Gore would win the election with 56 percent of the vote. Perhaps Gore was a particularly inept and unattractive presidential candidate. Perhaps Gore was just too burdened with the Clinton scandals. Nonetheless, the 2000 presidential election should not have even been close and Bush eked out a victory.

Traditionally, the president’s party looses in the Congressional elections two years after the presidential election. Sometimes they loose big, sometimes they loose small, but the president’s party rarely wins Congressional seats. Last week, the Republicans bucked this historical trend and gained a few seats in the House. Before this last election, no president flipped the Senate to his party. Last week, President George W. Bush and the Republicans did this. All this is even more remarkable given the fact the electorate is pretty well evenly split ideologically.

Perhaps Bush was just the fortunate recipient of the natural tendency of Americans to rally around the president in times of war. However, after a series of opportune elections that defy statistical tendencies, it is time to concede that the supposedly dim witted president has managed to outwit the politically sophisticated Democrats.

After the Republicans swept into control of the House of Representatives in the 1994 elections under Newt Gingrich, Republicans read too much into the results. There was not a major ideological shift. The electorate was just fed up with the Clinton Administration’s first two years. Republicans started talking about a new American Revolution, large reductions in the size of government, and started portraying themselves as radicals. Americans are too sated to be radicals and re-elected Clinton in 1996.

No matter how unprecedented and successful for Republicans, last Tuesday did not represent a sea change in ideology. It was the country saying that in times of war, it does not want divided ineffectual government. The country simply gave Bush a tentative free hand to see what he could accomplish.

To his credit, Bush sent out a memorandum to Republicans not to gloat. Bush has accumulated substantial political capital. He must be willing to use it, but use it wisely. Importantly he can get his judicial nominees to the floor of the Senate, but he would be wise to avoid ideological lightening rods, and push through a series of solidly Conservative nominees. He can push through tax cuts, but would be wise to do so in the context of fiscal spending discipline.

In some ways, the Democrats lost seats in the House and lost the Senate altogether, less because of ideology and more because they didn’t seem serious. Democrats managed to make a last minute substitution of Frank Lautenberg for the politically flagging Senator Robert Torricelli in apparent violation of the letter of election law in New Jersey. Democrats won the Senate seat handily, but for much of the country Democrats seem more interested in retaining power than playing by the rules. This view of Democrats was reinforced in Minnesota, when a memorial service for Senator Wellstone, who had died tragically in a plane crash, turned into a highly partisan political rally. Finally, Democratic Chairman Terry McAuliffe’s Ahab-like puerile efforts to unseat Jeb Bush in Florida diverted necessary resources from races that Democrats had a better chance of winning. The potential embarrassment of President George Bush was more important than helping other Democratic candidates in other states.

The Republican and Democratic Party web sites on November 9, 2002 provide a metaphor for the seriousness of the parties. The lead story at the Republican site was “Bush Hails Unanimous Passage of Security Council Resolution on Iraq.” The Democratic site’s lead story is that “SEC Chair Harvey Pitt Resigns in Wake of Scandals.” While the Republicans are concerned about war and peace, Democrats are worried about the chairmanship of the Securities and Exchange Commission. That issue surely has its place, but it seems rather anemic as a rallying cry.

When the Republicans faired poorly in the 1998 elections, I wrote:

“If anything, Republicans should learn that rather than just trying to slide to an election victory, they must articulate their vision. Sometimes, such forthrightness will lose, sometimes it will win, but half-hearted, timid Republicans will inevitably lose.”

The same advice applies to Democrats. They must have a vision beyond mere political victory. Democrats can now decide if they wish to tact to the Left, to be a “choice not an echo.” They will likely do so with Representative Nancy Pelosi as the House Minority Leader. If Pelosi leads the Democratic Party to the Left, particularly with regard to national security issues, they may be true to their principles, but the Democrats will spend some time in the political wilderness. That is not necessarilly a bad thing for Democrats in the long run.

Or Democrats could choose to follow the moderate Democratic route, the route outlined by the Democratic Leadership Council. After all, when Democrats Jimmy Carter and Bill Clinton ran as moderates they won the presidency. Liberal candidates, George McGovern, Walter Mondale, and Michael Dukakis lost. Moderate Democrats are closer to sharing the mood and tempermant of the country.

Either choice is possible and defensible. The Democrats must decide who they are and what they stand for. Whatever they decide, Democrats need to be serious.