Evolving Traditions

By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband. … The husband also (by the old law) might give his wife moderate correction. For, as he is to answer for her misbehavior, the law thought it reasonable to entrust him with this power of restraining her, by domestic chastisement, in the same moderation that a man is allowed to correct his servants or children.

– Sir William Blackstone
Commentaries on the Laws of England (1769)

In this week’s Sift:

  • Proposition 8 is Unconstitutional. The trial record may be as important as the ruling. If same-sex-marriage opponents think there’s so much “evidence” supporting their position, why didn’t they present any?
  • The Sift Bookshelf: The Living Constitution. An easy-to-read new book explains how interpretations of the Constitution legitimately change with time.
  • Ground Zero Mosque, Part II. “Opposing” the mosque can mean two very different things, but not many mosque opponents are making the distinction clear.
  • Short Notes. What Fox thinks of the 14th Amendment. China takes on bold new infrastructure projects, while we let things fall apart. Superman saves a home in the real world. A suggestion for protesting the Tea Party. Civil disobedience in Arizona. And where you can hear me next Sunday.


Proposition 8 is Unconstitutional

Every few months, it seems, the saga of same-sex marriage in California takes another twist or turn. Since the voters passed Proposition 22 ten years ago, there have been votes by the legislature, vetoes by the governor, civil disobedience by the City of San Francisco, a second referendum passing a constitutional amendment, and countless trips up and down the state court system.

By May, 2009, things had gone as far as they could at the state level: The voters had passed Proposition 8, which wrote one-man-one-woman into the state constitution, and the California Supreme Court had recognized its validity (while still upholding the 18,000 same-sex marriages performed prior to Prop 8).

At that point a liberal/conservative all-star team of lawyers decided to take the argument federal. Ted Olson and David Boies, who had been the opposing lawyers in Bush v. Gore, filed suit in federal court to have Prop 8 declared unconstitutional under the 14th Amendment, which guarantees “equal protection of the laws” and “due process of law” to everyone.

Wednesday they succeeded in their first step: Judge Vaughn Walker declared Prop 8 unconstitutional. (Judge Walker’s ruling is long, but easy to read.)

As I explained last month after the Defense of Marriage Act was declared unconstitutional, just about all same-sex-marriage decisions hang on the same question: Laws that treat one group of people differently from another have to pass the rational basis test, which asks whether the law is “rationally related to furthering a legitimate government interest”. Can a law banning same-sex marriage pass that test? What legitimate government interest is furthered by treating same-sex couples differently from opposite-sex couples?

This is why court decisions often come out differently than referenda: Voters don’t have to answer that question. As Judge Walker put it:

The state does not have an interest in enforcing private moral or religious beliefs without an accompanying secular purpose.

The secular logic of Prop 8 hangs on some real-world questions about the institution of marriage, its effects on children, the nature of homosexuality, and so on. So Judge Walker held a trial to gather testimony on those issues.

Evidence-based knowledge vs. faith-based knowledge. Boies and Olson called a series of expert witnesses: historians to describe the long-term evolution in American marriage laws (allowing wives to own property, allowing interracial marriage, etc.) and the history of discrimination against homosexuals; demographers to compare same-sex couples to opposite-sex couples (they’re not that different); economists to assess the impact of Prop 8 on the City of San Francisco (negative) and on same-sex couples and their children (also negative); social scientists to assess the affects of social stigma on gays and lesbians (bad), the impact of seven years of same-sex marriage on family issues in Massachusetts (negligible), and how children raised by same-sex couples compare to those raised by opposite-sex couples (not much difference); psychologists to discuss whether therapy can change a person’s sexual orientation (it can’t) and whether same-sex couples receive the same psychological benefits from marriage as opposite-sex couples (they do), and so on.

In other words, every question a reasonable person would ask about the impact of Prop 8 was answered by a professor of some relevant subject with peer-reviewed publications in the field, who cited actual research on the topic.

The defenders of Prop 8 did nothing of the kind. (The name of the case is Perry v. Schwarzenegger, but although California officials like Gov. Schwarzenegger and Attorney General Brown were named in the suit, they wanted no part of defending Prop 8. So the job passed to the people who got Prop 8 on the ballot in the first place.) They announced a number of expert witnesses, but only called two of them to the stand — neither of whom was actually in expert in what he was testifying about, and one of whom, David Blankenhorn, doesn’t seem to be an expert in much of anything. (This section of Judge Walker’s opinion is a good primer on the legal definition of expert witness.) Rachel Maddow spent an entire segment of her show Wednesday making fun of Blankenhorn’s “expertise”.

WaPo’s Jonathan Capehart commented:

if I were the conservatives I would troop back into court — and sue the pro-Prop 8 attorneys for malpractice.

Here’s an example from Judge Walker’s decison:

At oral argument on proponents’ motion for summary judgment, the court posed to proponents’ counsel the assumption that “the state’s interest in marriage is procreative” and inquired how permitting same-sex marriage impairs or adversely affects that interest. Counsel replied that the inquiry was “not the legally relevant question,” but when pressed for an answer, counsel replied: “Your honor, my answer is: I don’t know. I don’t know.”

The impression the trial leaves — and this may have political implications even if the ruling is overturned by the Supreme Court — is that the logic of banning same-sex marriage is all 30-second sound bites and won’t stand up to scrutiny. The Religious Right may claim that there is massive evidence ( James Dobson has claimed “more than ten thousand studies“) relating same-sex marriage to dire outcomes for society, but when they had a chance to present their evidence in court, they folded.

As David Boies said on Face the Nation (in response to Tony Perkins of the Family Research Council):

It’s easy to sit around and … cite studies that either don’t exist or don’t say what you say they do. … But when they come into court and they have to support those opinions and they have to defend those opinions under oath and cross-examination, those opinions just melt away. And that’s what happened here. There simply wasn’t any evidence, there weren’t any of those studies. There weren’t any empirical studies. That’s just made up. That’s junk science. It’s easy to say that on television. But a witness stand is a lonely place to lie. And when you come into court you can’t do that.

This case may affect the overall national discussion in the same way that the Dover intelligent design case did. After a court show-down in which one side has no real evidence to present, it’s hard for the media to go back to he-said-she-said coverage.

Marriage evolution. Testimony from the historians dismantled another standard talking point: That marriage has been one thing for thousands of years and now gay activists want to change it to something else.

To the extent that the phrase traditional marriage means anything at all, it refers to the kind of relationship this week’s Sift quote describes: domination of the wife by the husband. Through all of American history marriage has been slowly evolving away from that: allowing wives to own property; letting them sign contracts and accept employment without their husbands’ approval; protecting against domestic violence; recognizing marital rape; and so on.

As a result of that evolution, marriage laws no longer enforce separate gender roles. So the gender-specific titles of husband and wife no longer correspond to any legal rights or responsibilities not included in spouse.

Without that evolution — in the 18th-century world of Blackstone’s Commentaries — Prop 8 proponents would be right: Same-sex marriage makes no sense if the law requires a dominant male husband and a submissive female wife; two men or two women can’t do it.

But in marriage as it stands today (and how many people would really want to go back?) two men or two women can fulfill the legal roles of spouses as well as opposite-sex couples do. Laws that prevent them from doing so are relics of a system whose underlying logic was abandoned decades ago.

Impact. Ultimately this is headed for the Supreme Court, where (as Dahlia Lithwick explains) the case will be decided by Justice Kennedy, the Court’s swing vote.

If the Supreme Court reverses Judge Walker, the impact of would not be as great as some people seem to think. It would be harder for a future Supreme Court to find protection for same-sex marriage in the 14th amendment, but state legislatures could still recognize same-sex marriage and state courts could still find a same-sex couple’s right to marry in their state constitutions.


Rather than take on the evidence, most “family values” spokesmen attacked the judge: He’s gay. And all those professors of whatever who testified? They’re gay too. What more do you need to know?


While Boies does CBS, Olson is handling Fox.


Stephen Colbert sees Judge Walker’s decision as “Arma-gay-ddon“.


Humorist Andy Borowitz explains why most marriages are already gay:

“Soon after marrying, most men stop hitting on women and start shopping for furniture,” Dr. Logsdon said. “Scientifically speaking, how gay is that?”


I’m coming to like NYT’s conservative columnist Ross Douthat even though I seldom agree with him. He consistently offers something genuine to disagree about, and doesn’t just spout nonsense and make stuff up.



The Sift Bookshelf: The Living Constitution

The Living Constitution by David Strauss is the best popularization of constitutional law I have read. It is short (139 pages of 300-350 words each), readable, and well organized. Best of all, it does something important: debunks the theory of constitutional interpretation that you most commonly run across in the media (originalism) and provides an alternative that makes sense out of what the courts have been doing for the last 200-or-so years.

Let’s start with originalism. This theory says that the Founders had a definite idea in mind when they wrote each line of the Constitution, and that the role of a judge is to ascertain that idea and apply it to the case at hand. There are two problems with originalism: (1) it’s impossible to carry out; and (2) it violates Thomas Jefferson’s principle that the dead should not rule the living. (De-sound-biting that a little: The democratic principle of “the consent of the governed” doesn’t mean much if the consent was given once and for all in 1787.)

Strauss brings home the impossibility of knowing the Founders’ original intent by recalling what Americans went through in the 1970s around the Equal Rights Amendment. (The ERA was passed by Congress in 1972, but fell just short of ratification by 3/4 of the states, so it is not part of the Constitution now.)

If the ERA had passed, originalism would have future judges try to ascertain and apply what the people alive in the 1970s had “intended” by it. That’s laughable to anybody who lived through the 1970s, because to a very large extent we didn’t know. (I remember hearing long arguments about whether the ERA would force all bathrooms to be unisex.) Different people intended different things, and we couldn’t agree on what the ERA would mean even for the situations we could envision, much less situations that might arise in 200 years.

I know the founding generation was supposed to be full of giants, but were they really that much more self-aware than the Americans of 1972?

So, if we admit we can’t always find a well-defined meaning by recreating the mindset of 1787, how are we supposed follow the Constitution? Well, some things are obvious, like a president’s term lasting four years or senators needing to be 30 years old. But how “freedom of the press” applies to the Internet, or exactly what constitutes “abridging the freedom of speech” — now or in 1787 — requires some interpreting. How do we do it?

The defenders of originalism say that the only alternative is anarchy; the law will be whatever the current judge wants it to be, until he’s overruled by some other judge.

Strauss describes the alternative method of common law, a pre-constitutional process we inherit from England. Under common law, a judge considers how similar cases have been decided in the past. And if there’s still wiggle room, s/he resolves it by applying more abstract principles of justice, fairness, and common sense to the facts of the case at hand. For centuries, common law provided a workable legal system even in situations where there was no written law.

Strauss claims that this is in fact what our courts have been doing for the last two centuries: applying the text of the Constitution when it is clear (four-year presidential terms), consulting precedents to interpret provisions that are not clear (abridging freedom of speech), and attempting to resolve the remaining uncertainties with justice, fairness, and common sense.

A written constitution combined with a common-law method of interpretation produces a “living constitution” — one whose meaning evolves from generation to generation.

Strauss’ examples are the best part of the book. He devotes a chapter to Brown v. Board of Education, the 1954 Supreme Court decision that desegregated public schools. Half a century later, everybody likes the Brown decision. But it clearly violated originalism: Hardly anybody who voted for the 14th Amendment in 1868 thought they were voting for desegregation.

On the surface, Brown also violates common law, because it reverses a precedent rather than following it. The key precedent in this case isPlessy v. Ferguson, an 1896 decision saying that the 14th Amendment‘s promise of “the equal protection protection of the laws” can be satisfied by facilities that are “separate but equal”.

Looking deeper, though, Strauss shows that the 1954 Court was not just saying “Our moral values are better than the 1896 Court’s moral values.” He goes through a series of cases between 1896 and 1954 in which the Court tried to make separate-but-equal work. In case after case, it decided that the specific separate arrangements at hand (mostly concerning segregated law schools) were not equal. If you collected all those precedents, it became hard to imagine how to design racially separate facilities that the Court would consider equal.

So when the 1954 Court says that racially separate schools can’t be equal, it isn’t pulling that conclusion out of its own sensitive conscience. Instead, it’s amalgamating the conclusions of many specific cases decided since 1896, and coming up with an interpretive scheme that retroactively explains those decisions better than separate-but-equal did.

That’s how the common-law method works: You stick with an interpretation until the exceptions start to overwhelm the rule, and then you come up with a new interpretation that handles the exceptions better. It’s flexible enough to evolve through accumulated experience, but it’s not open to individual whim.



Ground Zero Mosque, Part II

Since I first wrote about the Ground Zero Mosque two weeks ago, more people and organizations have come out against it — bigots and right-wing extremists, of course, but also people who should know better like the Anti-Defamation LeagueJohn McCain, and the Wiesenthal Center.

Their statements all fudge an important issue: When you say you’re “against” the mosque, do you mean “I wish the people building it would reconsider” or do you mean “I want the government to stop them”? The first expresses sympathy for the people who feel insulted by the mosque; the second attacks religious freedom in America and sides with anti-Muslim bigots.

It’s important to be clear about this. Whenever a minority tries to exercise its rights, it’s going to be unpopular. In such a climate, announcing that you oppose their efforts is going to encourage bigotry, even if you claim that’s not your intention and even if you word your statement carefully. The headlines you generate are more important than your precise phrasing. The ADL should know that from its own experience battling anti-Semitism. (Some other Jewish groups have supported the mosque project.)


In response to the ADL’s statement, CNN’s Fareed Zakaria returned an award and honorarium the ADL gave him five years ago.


The poll showing that New Yorkers oppose the mosque fudges the same issue. The question asked was:

Do you support or oppose the proposal to build the Cordoba House, a 15 story Muslim Cultural Center in lower Manhattan 2 blocks from the site of the World Trade Center?

I wonder if you could get the opposite result (“New Yorkers Support Mosque”) by asking Mayor Bloomberg’s question:

Should government attempt to deny private citizens the right to build a house of worship on private property based on their particular religion?



Short Notes

It’s striking how much of this Sift revolves around the 14th Amendment, or, as Fox & Friends calls it, “the anchor baby amendment.


Here’s one way in which China has already replaced the United States as the leader of the world. A few decades ago, if you saw plans for some crazily futuristic public-works project, you knew it had to be in America. Now it has to be in China.

Check this out: Train-car-sized buses that use the same right-of-way as ordinary highways, but they sit up so high that cars drive under them. They’re like rolling overpasses. More artist-conception pictures here. Construction in Beijing is supposed to start later this year.

Meanwhile, our cities are turning off streetlights and breaking up roads because we’re not willing to pay taxes to maintain them.


In the real world, a family home facing foreclosure is not usually considered a job for Superman. Except this one time. A previously unexamined stack of old magazines in the basement turned out to include a copy of Superman’s debut comic, Action #1. It’s expected to bring $250,000 at auction.


Jesus’ General is normally a satirist, but he seems serious about this suggestion: Go to a September 12 Tea Party rally and burn a Confederate flag in protest.


The parts of Arizona’s immigration law that were not thrown out by the courts went into effect July 29. Resistance to the law has also begun.


If you happen to be near Bedford, Massachusetts around 10 a.m. next Sunday morning, come listen to me preach on “Spirituality and the Humanist” at First Parish Church.


 

The Weekly Sift appears every Monday afternoon. If you would like to receive it by email, write to WeeklySift at gmail.com.

Severed from the People

The press-politics system that produces this kind of news is so inward-looking that it threatens to sever the government from the people.

— Lance Bennett, Regina Lawrence, and Steven Livingston, When the Press Fails

In this week’s Sift:

  • Why WikiLeaks Isn’t Ending the War. A theory from a three-year-old book explains why the WikiLeaks story is more like the Downing Street Memo than the Pentagon Papers.
  • The End of (Military) History? Andrew Bacevich claims: “The Western way of war has run its course.” How close is he to being right?
  • The Oil Spill. The worst didn’t happen: The well is capped and the surface slick has mostly dissipated. Now the media pendulum may swing too far in the other direction and tell us the spill was never a big deal.
  • Race, Class, and Jim Webb. Senator Webb’s article “Diversity and the Myth of White Privilege” is not nearly as bad as its headline.
  • Corporations 3, Humans 0. The impact of the Supreme Court’s Citizens United decision isn’t just theoretical any more. Corporate power may be reaching a tipping point.
  • Short Notes The NH primary would be a granite stumbling block for a Palin candidacy. Reagan’s budget director won’t drink the tax-cut kool-aid. Glenn Beck’s golden fleece.


Why WikiLeaks Isn’t Ending the War

This week’s mystery was something that didn’t happen: Why didn’t WikiLeaks’ release of 91,000 U.S. military documents about the war in Afghanistan (75,000 available to the public so far) start a firestorm that forces a major change in the conduct of that war, or maybe even a withdrawal?

The leak hit public awareness a week ago Sunday, with simultaneous articles in the New York Times, the London newspaper The Guardian, and Germany’s Der Spiegel, the three outlets WikiLeaks had given an advance look.

Wednesday, the House passed another Afghan war appropriation as if nothing had happened. By yesterday, Frank Rich was reassuring us that the Pentagon Papers hadn’t ended the Vietnam War singlehandedly either. He offered this weak consolation:

What Ellsberg’s leak did do was ratify the downward trend-line of the war’s narrative. The WikiLeaks legacy may echo that.

By this morning, the WikiLeaks story had all but vanished. The front page of the Times’ web site still had a link to a Sunday news story about Defense Secretary Gates’ claim that the leak damaged national security, but nothing about undermining support for the war. Even the liberal blog TPM wasn’t talking about it.

So what’s up with that?

By fortuitous coincidence, my Journalism Reading Project had uncovered a book that explained it: When the Press Fails by Bennet, Lawrence, and Livingston. It came out in 2007 and examined coverage of the Bush administration, from the Iraq build-up to Abu Ghraib to Hurricane Katrina. The mystery the authors were trying to solve is why

a press system dedicated to telling “both sides of the story” so often reported only one.

In the pre-war debate about Iraq we often heard only the administration’s side, even when its message was false. Abu Ghraib started out to be a this-changes-everything story, but before long the administration got control of it — changing the media’s terminology from torture to abuse and focusing on “a few bad apples” of low rank rather than the guilt at the top.

How did that happen, given that journalists themselves are likely to be liberals? The authors did a lot of quantitative analysis about the trajectory of major stories, and came up with this theory [italics theirs]:

what carries a story is not necessarily its truth or importance, but whether it is driven by dominant officials within institutional decision-making arenas such as executive policy circles, or legislative or judicial processes.

In other words, the press isn’t covering the issue, it’s covering the government’s decision-making process about the issue. If something important is revealed, the mainstream press will cover it — once, for the sake of the public record. But to keep a story on the front pages, some important player in the government — somebody powerful enough to change things — has to pick up the ball and run with it. So if Congress holds hearings, or if the courts get involved, or if there is a rift between factions in the administration, the press will cover it.

But if no official does anything, the story dies. No matter how important it is.

Right now, no powerful force is bucking the administration’s Afghanistan policy. Republicans are generally pro-war and Democrats are mostly pro-Obama. There’s an anti-war faction among Congressional Democrats (102 House Dems voted against the most recent appropriation), but they don’t control anything big enough to make news. So far, there doesn’t seem to be anything in the leaks that someone could take to court and hope to win.

So there it stands: The information is in the public record for those who really want to know, but it won’t be news again until somebody with power uses it to take action. If they ever do.


The best parallel here isn’t the Pentagon Papers, it’s the Downing Street Memo. Leaked in 2005, it proved that the Bush administration was set from Day One on an Iraq invasion and manipulated the public to support one.

It was dynamite, and it got covered — sort of. But Republicans held firm and the Democrats in Congress weren’t ready to make a big push to end the war. So the memo became part of the public record, but never part of a why-the-war-must-end narrative that competed seriously with the administration’s narrative.

When the Press Fails uses the terminology of frames, and puts it this way:

a productive frame contest exists in the news only when information independent of an administration is put on a par with information obtained from that administration, and when the media present a coherent counterperspective, not just bits and pieces of alternative perspectives.

That’s exactly what the mainstream media doesn’t believe it should be doing: starting a “frame contest” with the administration. They’ll throw the facts out there, but not pull them together into an alternative point of view and push it. That would be a role for a propagandist, not an “objective” journalist.


Unfortunately, When the Press Fails lacks perspective on a Democratic administration. The main thing to observe about coverage of Obama is that the conservative flagships — Fox News and the Washington Times — don’t play by the mainstream media rules. They have no scruple about keeping a story going on their own (see the New Black Panther Party story) or presenting a counterframe that isn’t supported by any powerful institution.



The End of (Military) History?

Andrew Bacevich (bio) posted a challenging article this week, The End of (Military) History? announcing that “the Western way of war has run its course.”

Like the book he takes his title from (Francis Fukuyama’s The End of History), Bacevich is overstating things, but he does have a case: Recent wars demonstrate the huge gap between what most Americans think war is supposed to accomplish and what it can actually do for us.

For most of human history, war was good business if you were good at it. You could sack other capitals and bring their treasures back home. You could ransom prisoners, sell conquered subjects into slavery, impose taxes on foreign cities, and so on. The Caesars built Rome on the profits of war.

That model started sputtering in the American Civil War and failed completely in World War I, which bankrupted even the winners. Why? Industrialization and modern communications made it possible to turn an entire population into a war machine. That was so expensive and so mutually destructive that the economics no longer made sense: If you won, you could claim a larger piece of the pie, but the pie had shrunk so much and cost so much to win that it wasn’t worth it.

Plus, modern wealth isn’t sackable. You can carry gold and slaves back home with you, but not an electrical grid or an educated work force. By some measures, South Korea has the world’s best internet system. But if Kim Jong-il conquered the South, all he could do is destroy that system. He couldn’t sack it and bring it home.

But even if they didn’t profit, winners still got to impose their will. America no longer has slavery because the North won the Civil War. Germany is democratic and France is not fascist (rather than the reverse) because the Allies won World War II.

But even that justification has been failing in most wars since Vietnam. We (and the Israelis, who are Bacevich’s second example) keep winning on the battlefield, but failing to impose our will. (Afghanistan is Exhibit A.) Military history is almost certainly not over, but we need to take a hard look at what’s going on, and lower our unreasonable expectations.

Here’s what I think war can do today:

  • Prevent somebody else from gaining an advantage by force. That’s the lesson of the First Gulf War: Saddam conquered Kuwait, we threw him out, and Kuwait more-or-less went back to normal.
  • Destroy things that need destroying. Israel’s air raid on Saddam’s nuclear reactor, for example. If Saddam had really had WMDs in 2003, and if our goal in invading Iraq had been to destroy them and leave, it could have worked.
  • Free prisoners or capture (or kill) people you want to bring to justice. We haven’t been able to pull off a capture of Bin Laden, for example, but at least that is within the realm of military possibility.
  • Finally, If you’re willing to go that far, genocide and ethnic cleansing still work. You can kill everybody, or drive out an indigenous population and repopulate the land with your own people. (That’s how ethnically European people like me came to be Americans in the first place.)

I think that’s a complete list. If what you want to do isn’t on it, or if you can’t get what you want by threatening one of those things, then you can’t do it with military force.

Where we’ve gotten in trouble, I believe, is that certain ways of imposing your will depend on the ultimate threat of genocide, which we are not willing to do. It’s like in the movies, where everyone has to do what you say because you’ve got the gun. In practice, it doesn’t work that way unless people believe you’re willing to kill them — and not even then, if they’re willing to die.

I think a lot of Americans still have that movie-gun expectation: We’ve got tanks in the streets and bombers in the air, so everyone has to do what we say. When they don’t, we have no next step.

Assuming (as I do) that genocide and ethnic cleansing are going to stay off our list of options, war is not that useful to us any more, except to deter other nations from going to war. There are a few additional situations where a raid might accomplish something worthwhile, but that’s about it.

That capability cost us $782 billion in fiscal 2009.



The Oil Spill

This week’s other surprise was that the BP oil spill is dissipating faster than most people expected. (Some sources are saying faster than anybody expected, but back in May this guy was predicting exactly what’s happening now. I wasn’t convinced, but I linked you to him in June because he looked honest and plausible.)

Naturally, the media pendulum is swinging back too far in the other direction: The oil spill is no big deal, Nature takes care of these things on its own, environmentalists tried to scare everybody about nothing, and so on.

Let’s get our bearings. One of the worst possibilities isn’t happening: A big oil slick won’t cover the surface for years to come, cutting off oxygen and turning some large chunk of the Gulf of Mexico into a dead zone before spilling out into the Atlantic. Religious people should thank God and everyone else should be feeling some unfocused gratitude. It could have been a lot worse.

But that doesn’t mean everything is fine now. The slick has broken up into smaller particles, many of which have sunk to lower levels. But the oil is not gone, and neither is the chemical dispersant BP used in unprecedented quantities. Grist’s Brad Johnson explains.


Stephen Colbert knows what has happened to the oil. Noting that since the BP well has been capped, spills have appeared in Michigan and Louisiana, Colbert concludes: “The oil has achieved whack-a-mole technology.”



Race, Class, and Jim Webb

Democratic Senator Jim Webb of Virginia walked into a mine field by writing a column in the Wall Street Journal about race. It came at either a good or a bad time, depending on your point of view. For months, Fox News and the rest of the right-wing media had been banging the drum about racism against whites, trumping up a series of baseless stories that culminated in the Shirley Sherrod fiasco.

Finally the Right had gone too far, and voices from the Left weren’t going to let them get away with it this time. Last week I pointed you to Rachel Maddow’s connect-the-dots reporting about Fox News attempt to stir fear that “black people are coming for you.” This week Joan Walsh picked up that message, naming it “the 50-state Southern Strategy” after Richard Nixon’s successful effort to turn white resentment into votes in the South.

So it was disheartening when, three days after the Sherrod resignation, Webb’s column appeared in the WSJ under the headline “Diversity and the Myth of White Privilege”. I like Webb, so I offer this excuse for him: The term white privilege doesn’t appear in his article, and I know from experience that editors (not writers) compose headlines. So Webb’s headline may have surprised him as much as anybody.

The left side of the blogosphere struck back hard. David Sirota (who has been a Webb fan in the past) wrote a column inducting him (and NYT columnist Ross Douhat, who made a similar point)  into “The Cult of White Victimhood“. Author Tim Wise pulled Webb’s article apart line-by-line in an article that drew 435 comments — with few Webb defenders — at Daily Kos.

Webb, though, is arguing something a little more nuanced than “black people are coming for you”. A major theme of Webb’s political career is class. In his book A Time to Fight he says:

Contrary to the bellicosity of the right-wing talk-show mavens, it is not class warfare or envy to point out that economic inequalities persist in our society. In fact, the reverse is true: It is class warfare from the top down to pretend that such inequalities don’t matter.

In the context of his career and its message, I don’t think Webb is saying that white privilege is a myth. I think he’s pointing out that White America has class divisions. And whenever there is a price to pay for racial justice, upper-class whites make sure that lower-class whites pay it. (This is one theme of Anthony Lukas’ Pulizer-winning book Common Ground about the desegregation of Boston public schools. Upper-class whites sent their children to private schools or moved to upscale suburbs unaffected by desegregation, leaving lower-class whites and blacks to hash out the problems.)

When Yale decides to admit fewer whites, the George W. Bushes don’t lose their place. Douhat references a study of admissions at elite colleges:

For minority applicants, the lower a family’s socioeconomic position, the more likely the student was to be admitted. For whites, though, it was the reverse. An upper-middle-class white applicant was three times more likely to be admitted than a lower-class white with similar qualifications.

This is a double-win for the white upper class: Not only do they avoid losing any of their own privileges, they turn lower-class whites and blacks against each other.

Webb wants to focus affirmative action programs more narrowly on the descendants of the victims of slavery and Jim Crow, rather than on everyone who isn’t white. And he hints that upper-class blacks don’t need help either. Presumably this would lessen the impact of affirmative action on lower-class whites.

I haven’t thought enough about that proposal to comment on it. (I’d rather see a direct assault on upper-class white privilege, with less lower-class collateral damage, but that may be politically impossible.) But I do think that Webb and Douhat are expressing part of the racial conversation we need to be having. While rejecting the outright propaganda Fox has been giving us, I think race is an issue where we need a little less purity-of-message and more listening to all honest opinions.



Corporations 3, Humans 0

In January, when the Supreme Court granted new first amendment rights to corporations, pro-human activists comforted themselves with two thoughts. The first said that corporations wouldn’t do much with their new rights, and the second said that it wouldn’t matter as long as we had good disclosure laws, so that people knew whose propaganda they were listening to.

Bad news on both counts: First, coal companies are going to use their newly granted rights to campaign for Kentucky Republicans in this year’s House and Senate races. Mine safety advocate Tony Oppegard says:

Between them, ICG and Massey have had 41 miners killed in just two disasters. It’s disturbing to see companies that don’t have strong safety records try to defeat politicians, like Ben Chandler, who have fought for stronger mine safety.

Second, a Republican filibuster in the Senate has blocked the DISCLOSE act, a bill to force corporations to identify themselves in political ads they buy.

Summing up: Through their Republican Party subsidiary, corporations already wield enough political power to insure that they can anonymously spend vast sums to acquire more political power. As Kent Brockman once famously announced, “I, for one, welcome our new insect overlords.”



Short Notes

It’s always satisfying when the hard data backs up your intuition: If Sarah Palin runs for president, she’ll have a problem here in the New Hampshire primary. A new poll of NH Republicans says Palin runs fifth with 9% of the vote.


David Stockman was Ronald Reagan’s budget director and ought to know a thing or two about conservative economics. In yesterday’s NYT, he wrote a stunning indictment of current Republican economic proposals — particularly extending Bush’s tax cuts for the wealthy beyond their original expiration date:

Republicans used to believe that prosperity depended upon the regular balancing of accounts — in government, in international trade, on the ledgers of central banks and in the financial affairs of private households and businesses, too. But the new catechism, as practiced by Republican policymakers for decades now, has amounted to little more than money printing and deficit finance — vulgar Keynesianism robed in the ideological vestments of the prosperous classes.


A graphic explanation of how Glenn Beck is helping a sponsor fleece his listeners. Short version: Get them worried that the currency is going to collapse, invent a conspiracy theory about how the government is going to confiscate gold bullion, and then personally vouch for a company that will sell them gold coins at a huge mark-up.

Contractions

The mind of a bigot is like the pupil of the eye. The more light you shine on it, the more it will contract.

— Oliver Wendell Holmes Jr.

In this week’s Sift:

  • The Ground Zero Mosque. Mainstream opponents of the mosque rely on a lot of unstated assumptions. Uglier voices go ahead and state them.
  • If Republicans Take the House. Remember the Clinton years? That’s what they’ve got in mind.
  • Disinformation Watch. The Shirley Sherrod incident lowlighted a big week for disinformation, but there was some encouraging pushback.
  • Short Notes. June and climate change were both too hot for the Senate; Jane Austen’s Fight Club; Judge Napolitano says Bush should have been indicted; don’t take your gun to mass; Arizona shows what Tea Party principles are like in practice; Ohio’s giant Chia pet; more bogus trends; my news fantasy; and Top Secret America.


The Ground Zero Mosque

One tactic of polarization is for each side to trumpet the nastiest stuff on the other side — as if this kind of extremism is typical among your opponents, who all think this way when they’re not trying to present a reasonable public image.

And so an offensive YouTube video often gets more attention from its foes than its fans. That happened back in 2003 when MoveOn sponsored a “Bush in 30 Seconds” competition to make and upload your own anti-Bush video. Somebody uploaded an ad comparing Bush to Hitler, which MoveOn decided was offensive and took down — but not before conservatives had grabbed it and prominently displayed it on their own web sites as an example of MoveOn’s liberal extremism. (It’s still being used that way.) So the Bush/Hitler video has probably been viewed far more often by conservatives than by liberals.

I try to keep that example in mind while I sift the news, because my goal is to keep Sift readers well-informed, not just pissed off. So when I run across some example of right-wing hate or ignorance, I try to ask myself: How important is this? Is it an example of an attitude that is widespread and influential, or is it just a few crazies representing no one but themselves?

This long build-up is necessary because the debate over the proposed Cordoba House, a.k.a, the Ground Zero Mosque, has pulled a lot of the nasties out of their holes. The protests range from mainstream Republican leaders like Sarah Palin, who issued this joycean tweet:

Ground Zero Mosque supporters: doesn’t it stab you in the heart, as it does ours throughout the heartland? Peaceful Muslims, pls refudiate

to the lunatic fringe, who are virulently anti-Muslim. The question is how much attention those harsher voices deserve: Do they have an actual following? And is there a clear division between what they’re saying and what the mainstream voices are saying, or are they fleshing out what Palins and Gingrichs merely hint at?

In this case I’ve decided that the ugly voices do have a sizable following, and that often they are saying explicitly what the mainstream voices only imply.

The main idea behind all the anti-mosque activists — ire against a mosque visible from Ground Zero makes no sense otherwise — is collective guilt. Muslims blew up the World Trade Center in 2001 and now Muslims are building a mosque nearby. We are supposed to think of them as the same people. This ad, put out by the National Republican Trust (no direct connection to the Republican National Committee), makes it clear:

On September 11, they declared war against us. And to celebrate that murder of three thousand Americans, they want to build a monstrous 13-story mosque at Ground Zero.

Who? They.

This video, whose reasonable-sounding narrator is nobody famous, but whose message has been viewed more than 2 million times, takes it a step further. Muslims — even apparently secularized, Westernized American Muslims — are not just tainted with collective guilt, they are actually rooting for the downfall of the United States:

Those of you who know — personally — who know Muslims close enough to where they can tell you what they really think, you know this is actually quite common: Good citizens in public, not-so-good citizens in private. Interestingly, this dual Muslim nature is advocated in the Koran.

So if you think that Ali (who has lived next door or worked with you for years) is actually a good guy — think again. His religion tells him to be tricky. Secretly he was dancing for joy when the Twin Towers went down.

The second, related idea is that we’re not chasing down a conspiracy of international criminals, we’re at war with Islam itself — all 1.5 billion Muslims. Newt Gingrich, for example, blogged this:

There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia. The time for double standards that allow Islamists to behave aggressively toward us while they demand our weakness and submission is over.

This only makes sense if you assume several incredible things.

  • The Christendom and Judaism are at war with Islam.
  • The United States plays a role in that war comparable to Saudi Arabia’s; churches and synagogues are “ours” while mosques are “theirs”.
  • Religious intolerance is a valuable tactic in that war, a source of strength.
  • We have handicapped ourselves by swearing off this tactic while our enemy uses it.

I don’t see how else to reach Gingrich’s remarkable conclusion that the United States ought to take Saudi Arabia as its model, basing our behavior on what they do. And it’s not just Newt. If you watch Fox News or read the comments on just about any online article about the Ground Zero mosque, you’ll find many people echoing his point: We ought to be intolerant because the Muslim countries are.

Mayor Bloomberg has the right answer:

I think our young men and women overseas are fighting for exactly this. For the right of people to practice their religion and for government to not pick and choose which religions they support, which religions they don’t.

To which I would add this: We respect religious freedom not as part of some deal with the rest of the world, but because that is the American way. We see it as a source of strength, not weakness, and we’ll do it whether anybody else does or not.

The Founders would be horrified at the idea that we might give up on religious freedom because some other country doesn’t practice it. At the time they were writing that principle into the First Amendment, no other country was practicing it.

Juan Cole gives this example:

Ben Franklin … wrote in his Autobiography concerning a non-denominational place of public preaching he helped found “so that even if the Mufti of Constantinople were to send a missionary to preach Mohammedanism to us, he would find a pulpit at his service.”


I wondered whether there were any English-speaking Christian churches in Hiroshima. Yes, there are.


Ground Zero is just the tip of an iceberg. New mosques are being protested all over the country.



If Republicans Take the House

What can we expect if the Republicans take control of the House? We got some indications this week that they want to do what they did during the Clinton administration: investigate everything until they can find an excuse to impeach the president. Thursday, Michelle Bachman told the GOP Youth Convention: “I think that all we should do is issue subpoenas and have one hearing after another.”

Impeach Obama. The same day the flagship conservative newspaper, the Washington Times, had not one but two editorials (by Jeffrey Kuhner and Tom Tancredo) demanding President Obama’s impeachment. Each editorial is long on rhetoric, but the specific high crimes and misdemeanors to be prosecuted are hard to decipher.

Tancredo says Obama is “an enemy of our Constitution” who “does not feel constrained by the rule of law”. He objects to the Obama Justice Department giving the “weakest possible defense of the Defense of Marriage Act”, the auto bailout, the off-shore drilling moratorium, “his appointment of judges who want to create law rather than interpret it”, and large deficits — without saying what specific laws these policies might violate.

Obama’s “most egregious and brazen betrayal of our Constitution” is his immigration policy, which Tancredo says violates his constitutional responsibility under Article IV “to protect states from foreign invasion”. So Tancredo’s impeachment case seems to rest on interpreting the “invasion” metaphor literally.

Kuhner accuses Obama of “erecting a socialist dictatorship”.

We are not there – yet. But he is putting America on that dangerous path. He is undermining our constitutional system of checks and balances; subverting democratic procedures and the rule of law; presiding over a corrupt, gangster regime; and assaulting the very pillars of traditional capitalism.

The specific policies Kuhner mentions are mostly acts of Congress like health-care reform (which he claims funds abortions), that could be thrown out by the courts if they are actually unconstitutional. (But they won’t be, so impeachment is necessary.) Comprehensive immigration reform will make 12-20 million new citizens — “shock troops for his socialist takeover”. The administration is not just a “gangster regime” but also a “fledgling thug state”. Kuhner closes with what sounds to me more like a call for assassination than impeachment: “The usurper must fall.”

So far Congressional Republicans have not shown any inclination to resist the wilder ideas that come from the Right. Will they resist this one if they get the power to pursue it? I’m not optimistic. A Republican House will take as an axiom that Obama should be impeached; they’ll search until they can find an excuse.

Repeal everything. High-ranking Republicans have pushed repeal of health care reform and Wall Street reform. They can’t actually do either, of course, without 60 votes in the Senate and enough popularity to intimidate an Obama veto. But what they could do is refuse to fund implementation.

Return to Bush policies. The basic Republican ideas are still to cut rich people’s taxes, let corporations regulate themselves, and stand behind Big Oil.

Will they? The Intrade Prediction Market is giving Republicans a 55% chance of taking the House, which seems high to me. But it all hangs on this bit of framing: If the 2010 elections becomes a referendum on whether or not people are happy, with voting Republican as the way to register unhappiness, the Republicans will win. If it becomes a contest between the Democratic vision of the future and the Republican vision, the Democrats will win.

The reason I think 55% is high is that most voters still do not know who their candidates will be and what positions they will take. So polls are still mostly an am-I-happy-with-things measure. As we get closer to election day, I expect more voters to compare candidates’ visions.

The model here is the Nevada Senate race. A few months ago, when that race was just about Harry Reid and his responsibility for how things are, Nevadans wanted him out. Now that he has an opponent — Tea Party extremist Sharon Angle — he has forged into the lead.



Disinformation Watch

This week had a major disinformation story: the Shirley Sherrod incident. Tuesday, Rachel Maddow did a good job of covering the collapse of the original Obama-official-is-racist spin, and then she did an even better job Wednesday of connecting the dots:

What is the same about the four Fox-News-initiated “scandals”: Van Jones, ACORN, the New Black Panther Party, and Shirley Sherrod? What’s the same about these four stories?

This isn’t about racism, this is not a story about picking on black people. This is a story about political outcomes, the tried and true political strategy of not targeting black people, but targeting white people. white voters, or white would-be voters to feel afraid of black people. To feel afraid of African-American people as if they’re not fellow Americans, but rather a threat to what white people have.

This tactic goes way back. Maddow traces it to George Wallace and the segregationists, but she could walked it back to the early days of the labor movement, when hard-working people who wanted a living wage and a safe workplace were painted as dangerous communist revolutionaries.

You can’t rally your side by standing for inequality, for keeping other people down. If you want to oppose equality, you have to pretend that you’re the ones in danger. That’s what Fox is pitching to whites: telling them over and over again that black people threaten them, and proving that point by making up facts as necessary.


Andrew Breitbart, the well-connected conservative blogger who promoted the doctored Sherrod video (and the doctored ACORN videos before it) has a defense: His dishonest smear wasn’t aimed at Sherrod, it was aimed the NAACP in order to discredit their criticism of racism in the Tea Party.  I’m glad he cleared that up. (And BTW, what he’s saying about the NAACP is also false.)

Former Bush speechwriter David Frum comments on the Right’s unwillingness to police itself:

When Dan Rather succumbed to the forged Bush war record hoax in 2004, CBS forced him into retirement. Breitbart is the conservative Dan Rather, but there will be no discredit, no resignation for him.

Frum blames this on the “closing of the conservative mind” — an unwillingness to face difficult facts. But Digby has another explanation:

this phenomenon is clearly less a matter of narrow-mindedness and ignoring of unwelcome fact than a conscious decision to lie for political ends. The [conservative] rank and file are misinformed because they are being purposefully led astray by the same conservative intelligentsia which owns and operates the right wing media.


The other big current disinformation story is Journolist. Journolist was a private email discussion list with (according to Wikipedia) “400 journalists, academics and others, all with political views ranging from centrist to center-left to leftist.”

The list was set up to be private, but sensationalized excerpts are being released on Tucker Carlson’s conservative blog The Daily Caller by Jonathan Strong. (Latest one here.) On the Right, this is seen as evidence of the great left-wing media conspiracy that they have always known existed.

That story has a few holes. First, this is like Climategate: a large collection of private emails excerpted to make the writers look bad. But unlike Climategate, the full collection is not available to the public. So when Strong mixes quotes with paraphrases (often the quote is only damning in the context of the paraphrase) we can’t check whether the paraphrase is fair.

(This, BTW, is an important point to remember in any scandal story: Can you check the source material, and if not, why not? Who is controlling your access and what is their motive?)

Second, the Daily Caller headlines exaggerate. Salon observes:

Today’s Caller headline — “Liberal Journalists Suggest Government Shut Down Fox News” — is objectively untrue. Simply reading the e-mails quoted in the story show that a non-journalist asked an academic question — whether the FCC had the authority to shut down Fox — and was quickly shot down by the journalists involved in the discussion.

Finally, the Caller’s stories rely on the reader’s imagination to connect the dots. A real expose’ would start with a Journolist comment and show how it led to some particular biased news coverage by the commenter or his/her organization.

Without such dot-connecting, even the cherry-picked excerpts sound like beleaguered liberal academics and opinion journalists (not reporters) trying to catch up to the better-organized conservative spin machine. They only seem sinister if you already know in your gut that biased coverage elected Obama.


Elena Kagan has not been “promoting the injustice of Shariah law” — or wearing a turban.


Lower taxes don’t lead to more revenue, as this simple graph shows. But Minority Leader Mitch McConnell defines his own reality:

there’s no evidence whatsoever that the Bush tax cuts actually diminished revenue. They increased revenue, because of the vibrancy of these tax cuts in the economy.

Rachel Maddow shows numerous Republican politicians making this tax-cuts-pay-for-themselves point and numerous conservative economists denying it. It’s exactly what George H. W. Bush called “voodoo economics”.


Only sleight-of-hand allows Republicans to claim that President Obama has “quadrupled the deficit“. They are comparing the current deficit to the 2008 deficit of $459 billion. But the government’s fiscal year begins in October, so the 2009 budget was actually made under President Bush, not Obama. Bush’s last budget projected a $1 trillion deficit, which (due to the recession being worse than expected) had increased to $1.2 trillion by the time Obama took office.



Short Notes

As the Senate gives up on even a very stripped-down climate-change bill, we discover that last month was the hottest June ever recorded.


The fake movie trailer is getting to be an art form of its own, and they don’t get much better than Jane Austen’s Fight Club..


Talk about straying from the reservation: Former judge and frequent Fox News guest Andrew Napolitano recently said on C-SPAN that Bush and Cheney “absolutely should have been indicted. For torturing, for spying, for arresting without warrants.”


Because one body is enough and more blood is not necessary, Louisiana Catholics won’t be taking advantage of their new right to carry concealed weapons during mass.


Harper’s puts its articles behind a subscription wall, so you read the whole thing online, but “Tea party in the Sonora” is incredible. It describes the sad result of the low-tax, low-regulation, and nativist principles (i.e. Tea Party principles) that have guided Arizona’s legislature for several years now.

Here’s the detail that paints the whole picture: Arizona doesn’t own its own state capitol. They did a sale-and-leaseback arrangement in January to raise cash for the current budget.

Now, why didn’t I already know that? Back in September The Daily Show did a great piece about putting the capitol building on the market. “What happens next year?” Jason Jones asks a state senator. “You’re killing me here,” she answers..


Instead of a concrete noise wall, Ohio is constructing the world’s largest Chia pet.


It’s been a while since we’ve checked in on Jack Shafer and the ever-increasing number of bogus trends.


To illustrate the point that non-Americans have almost as much to lose from the decay of the American press as we do, I wrote a fake news story in which foreign governments bail out American journalism. “If the American people continue to be so misinformed,” says my fake Swede, “they’re just going to keep screwing up the world.”


More people should be reading/viewing the Washington Post series Top Secret America.


The Weekly Sift appears every Monday afternoon. If you would like to receive it by email, write to WeeklySift at gmail.com.

Powers That Ought To Be

Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be.

Sydney J. Harris

In this week’s Sift:

  • My Journalism Reading Project: a work in progress. In a democracy, the People are supposed to be sovereign and the news media is supposed to be their intelligence agency. I’m trying to figure out why it’s not working that way.
  • What’s Really Wrong With America: Too Many Free Books. When I think about government waste, I don’t usually think about libraries. But some people do. And other people wonder whether facts make any difference.
  • Respectable, Sensible Bigotry. Accusations against Mel Gibson and the Tea Party are not just political correctness run wild.
  • Disinformation Watch. It’s a shame that anybody has to waste time keeping track of the made-up stories in the news, but somebody does.
  • Short Notes. The Times is still keeping an eye on Palestine. The Palins do soap opera way better than the Clintons. And Nate Silver graphs same-sex marriage.


My Journalism Reading Project: a work in progress

Imagine, for a moment, that you’re the sovereign of your own little country. You’re queen or generalissimo or president-for-life or something. If you wanted to do your job well, how much would you want to know about your country?

Silly question, right? You’d want to know everything you could. To the extent that your administration could afford them, you’d want to have agents of all sorts bringing you information: people who kept track of all your government’s projects and how they were progressing, who kept you up-to-date on the business climate, who monitored the health and safety of your citizens, and so on. You’d also want experts compiling statistics and noticing trends so that you could stay ahead of events. Outside your borders, you’d want agents keeping track of all the foreign countries that affected your homeland — trade partners, allies, threats, rivals.

And what would happen if you didn’t have that information? People who did would manipulate you into serving their interests rather than yours or your country’s. You’d sign things you didn’t understand. You’d empower underlings to go off and do God-knows-what. Even when you thought you were deciding things, you wouldn’t be; someone else would have laid it all out for you so that you really only had one choice.

Well, guess what? You are a sovereign. That’s what democracy is supposed to mean: the people are sovereign; they rule. You rule.

And there is an army of agents out there bringing you information. That’s what the news media is supposed to be: your intelligence agency. They’re supposed to be gathering the information you need to rule, figuring out what it all means, and presenting it to you in a way that you can absorb and use. And when they don’t, you and your country are at the mercy of whoever does have the information.

And so You the People, We the People, find ourselves going to war for reasons that turn out to be false, or being stampeded into covering the multi-billion-dollar losses of dishonest investment banks. When we try to do something in our own interests, like guaranteeing each other’s access to health care or heading off global warming, it’s incredibly difficult because of all the disinformation we have to wade through — death panels, Climategate, and much, much more.

So our intelligence agency has been letting us down. And things are getting worse: news agencies are closing bureaus and laying off reporters to save money. Can you picture any other sovereign allowing that? After 9-11, when it looked like the CIA and FBI had fallen down on the job, did the U.S. government respond by slashing their budgets and firing a bunch of agents? No, quite the opposite.

In many ways this is a big, complicated topic, but this much of it is simple: We the People haven’t been taking our sovereignty seriously. And we’ve tolerated both our government and the media corporations not taking it seriously either. We haven’t demanded the high-quality information that we need to do our jobs.

Scads of books have been written in the last few years about the sorry state and poor prospects of American journalism, and lately I’ve given myself the project of trying to read them. I’ll be telling you what I learn in dribs and drabs rather than saving it all for one big report.

Here’s one thing I’ve picked up already: Chapter 3 of McChesney and Nichols’ The Death and Life of American Journalism contains some American history I had never run across before: Apparently the Founders really did take the sovereignty of the people seriously, and did consider the press to be the People’s intelligence agency.

That wasn’t just pious rhetoric. They spent serious money to subsidize that era’s equivalent of the Internet: the Post Office. Under the early presidents, America built the best postal service in the world, and had one of the highest literacy rates. That wasn’t just the result of our rugged individualism or our protestant desire to read the Bible for ourselves; it was social policy. Because, as Jefferson put it:

If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.

In particular, the federally-funded Post Office charged practically nothing for shipping newspapers and pamphlets, and the debate among the Founders was whether it should charge anything at all. At the Constitutional Convention, Benjamin Rush said:

It should be a constant injunction to the postmasters to convey newspapers free of all charge for postage. They are not only the vehicles of knowledge and intelligence, but the sentinels of the liberties of our country.

Today we hear a lot from the Tea Party about the Founders and the Constitution and how “freedom isn’t free” — which always means that we have  to fight a war somewhere. To the real Founders, though, freedom wasn’t a strong military (quite the opposite) but an educated public with access to high-quality information.

And that brings us to the next story.



What’s Really Wrong With America: Too Many Free Books

Like a lot of states, Illinois and its cities have budget problems. And Fox Chicago has spotted a fat pile of government waste: public libraries.

There are 799 public libraries in Illinois. And they’re busy. People borrow more than 88 million times a year.

But keeping libraries running costs big money. In Chicago, the city pumps $120 million a year into them. In fact, a full 2.5 percent of our yearly property taxes go to fund them.

That’s money that could go elsewhere – like for schools, the CTA, police or pensions.

But why spend more money on education when the schools could eliminate their own wasteful shelves of books? Bob Herbert quotes the AP:

As the school budget crisis deepens, administrators across the nation have started to view school libraries as luxuries that can be axed rather than places where kids learn to love reading and do research.

And he comments:

What a country. We’ll do whatever it takes to make sure the bankers keep living the high life and swilling that Champagne while at the same time we’re taking books out of the hands of schoolchildren trying to get an education.

Could anything be more unfaithful to the vision of the Founders or the sovereignty of the People? (See previous article.) All our discussions about the value of education for the individual miss the point. If we were a monarchy, we would spare no expense educating the Crown Prince, and consider ourselves fortunate if he showed any interest in our efforts.

In a democracy, the children collectively are the Crown Prince. We are educating the future sovereign — not for his or her benefit, but for ours. Far more than sending troops to distant corners of the world, educating American children to wield their future sovereignty wisely is the cost of freedom. We should pay it, even in hard times.

Now let’s talk about libraries. A lot of Americans don’t really need libraries any more. If we’re rich, we can buy all the books we want. If we’re middle-class, we can afford a broadband internet connection. Probably our homes have at least one quiet room where we or our children can think and study.

But if you’re poor, or just struggling, you may not have any of that. Lots of children are growing up in homes without books, without the internet, and without quiet places to do their homework. They may or may not use the library for those purposes — that’s up to them and their parents. But as long as the library is open, the door to our culture is not completely closed.

What’s that worth to you? What’s that worth to our country?


While we’re talking about education and democracy, it’s worth looking at an article in the Boston Globe from last week:

Recently, a few political scientists have begun to discover a human tendency deeply discouraging to anyone with faith in the power of information. It’s this: Facts don’t necessarily have the power to change our minds.

They studied popular political falsehoods (like “we found WMDs in Iraq”) and whether people who believe them change their opinion when given the facts. For the most part they don’t, and many people just dig in deeper, believing even more strongly after someone has tried to correct them.

I’ll quibble with the idea that this is a “recent” discovery. My journalism reading project includes Walter Lippmann’s 1921 classic Public Opinion:

The orthodox theory holds that a public opinion constitutes a moral judgment on a group of facts. The theory I am suggesting is that, in the present state of education, a public opinion is primarily a moralized and codified version of the facts. I am arguing that the pattern of stereotypes at the center of our codes largely determines what group of facts we shall see, and in what light we shall see them

When I think about how majority stereotypes of women, blacks, and gays/lesbians has changed since my childhood in the 1960s, though, I despair less about democracy than the Globe does. Stereotypes change, but only when people are confronted with new facts again and again, over a period of years.

Democracy works, but it works slowly, and only if lots of people are willing to insist on the truth day-in, day-out, while talking to their friends and co-workers over coffee.

Which brings us to the next story.



Respectable, Sensible Bigotry

Ever notice how often somebody portrayed as an innocent victim of political correctness turns out later to have been a flaming bigot all along?

Frank Rich connects the Mel Gibson dots. Critics who found Gibson’s “The Passion of the Christ” anti-Semitic were themselves tarred as anti-Christian bigots — until Mel got drunk and started ranting to police about “the f**king Jews”. More recently, tapes of Mel’s verbally abusive remarks to his girl friend have come out, laced with the N-word and other slurs.

That poor guy, victimized by those over-sensitive Jews and their baseless charges.

This week, it’s the Tea Party. The NAACP passed a resolution asking the Tea Party to “repudiate those in their ranks who use racist language in their signs and speeches”.

So of course recent Tea Party Express VP Mark Williams was all over the airwaves telling us who the real racists are: the NAACP, making their hateful charges against the fine upstanding white people of the Tea Party. Centrists and even some liberal pundits were taking a head-shaking why-did-you-have-to-start-this attitude towards the NAACP.

Then Williams overplayed his hand: He posted a parody letter from the NAACP president to President Lincoln asking to have slavery back:

We had a great gig.  Three squares, room and board, all our decisions made by the massa in the house.  Please repeal the 13th and 14th Amendments and let us get back to where we belong.

Yeah, that’s not racist. It’s — you know — funny. Right? And so was the suggestion that the NAACP finds tax cuts racist because …

How will we Colored People ever get a wide screen TV in every room if non-coloreds get to keep what they earn?

Hilarious. Where does that humorless NAACP get off implying folks like this are racists?

I’ll let Ta-Nehisi Coates wrap up:

Racism tends to attract attention when it’s flagrant and filled with invective. But like all bigotry, the most potent component of racism is frame-flipping–positioning the bigot as the actual victim. So the gay do not simply want to marry, they want to convert our children into sin. The Jews do not merely want to be left in peace, they actually are plotting world take-over. And the blacks are not actually victims of American power, but beneficiaries of the war against hard-working whites. This is a respectable, more sensible, bigotry

His point: We can’t let that grade-school “I’m not but you are” taunt intimidate us away from pointing out bigotry wherever it shows up.



Immigration Economics

Do illegal immigrants help or hurt the U.S. economy? Arguments both ways sound very convincing, but have a lot of holes. I haven’t yet found an analysis I can endorse wholeheartedly.

report put out by the Federation for American Immigration Reform (FAIR) finds that illegal immigrants get a net government subsidy (benefits minus taxes) of $113 billion a year. But if you crunch some numbers in the report itself, you find that $38 billion of that goes to educating the American-citizen children of the immigrants. Thats us investing in our citizens’ future, not a “benefit” to illegal immigrants. I’ve got to wonder how many similar factors inflate the numbers.

report by the Perryman Group estimated that making undocumented workers suddenly vanish (as in the movie A Day Without a Mexican) would lower GDP by $245 billion a year. However, its assumptions about the labor shortage in the native-born population are a lot less convincing now than they were when the report was published two years ago.

Since I can’t find or generate any trustworthy economic analysis, I’ll have to settle for a more anecdotal understanding.

One of the main characters in Nick Redding’s nonfiction book Methlandis Roland Jarvis, a native-born white American who starts out working in a meat-packing plant in Iowa, making $18 an hour with benefits. Over several years, the plant gets sold and resold, with each new owner slashing jobs and cutting wages (under the threat of closing the plant or moving it to Mexico), until workers make $6.50 an hour with no benefits. Jarvis tries to keep up his lifestyle by working extra hours (and smoking meth for extra energy), but eventually he gives that up to cook and deal meth full time.

A bunch of the people who take the low-wage no-benefit meat-packing jobs are illegal immigrants with some kind of phony paperwork. They do a hard, dirty and sometimes dangerous job that used to pay enough for an American worker to support a family and also pull his or her weight in the larger community through taxes. Now it doesn’t, so the plant workers (legal and illegal alike) are generating the kinds of costs the FAIR report tabulated: Their emergency-room visits and their kids’ education cost government more than their taxes cover. In essence, the workers are subsidized.

But who’s getting really getting that subsidy? Looking at the work and lifestyle of the immigrants, I don’t think it’s them. They earn what they get, and probably more.

Here’s what I see happening: The company pays its workers less than a living wage, and the government makes up the difference. To the extent that the meat-packing industry is competitive and efficient — not all industries are — the cost-reduction gets passed on to the consumer as lower meat prices. The rest is profit.

I think that’s typical. Whether we’re talking about cheap factory work, cheap child-care in our homes, cheap kitchen workers in our restaurants, cheap janitors in office buildings — the presence of illegal immigrants drives down costs. Some of that shows up in increased business profits and some in a lower cost-of-living for the rest of us. But it costs the government money.

It also costs unskilled American workers by driving down their wages — though it’s hard to tell how many of those jobs would just vanish overseas (maybe to be done by the same people who come here to do them now) if wages were higher.

Summing up: The subsidy FAIR noticed is just the visible piece of a larger social/economic policy decision to have a low-price low-wage economy. If we had an economy that respected hard work — one that paid workers a wage that allowed them to support both their families and the larger community — the subsidy would go away. But things would cost more.

In the absence of reliable numbers, I’ll just give my gut impression: I think middle and upper-class Americans do well out of illegal immigration, the working class not so well.



Disinformation Watch

Most people don’t want health care reform repealed.

Illegal votes by felons did not give Al Franken his seat in the Senate.

The “scandal” about the Justice Department “protecting” the fringy New Black Panther Party is completely trumped up. Newsweek concludes:

it’s not about a real investigation; it’s about staging an effective piece of political theater that hurts the Obama administration.

New British and Dutch reports say the same thing as every other official investigation: The only scandal in Climategate was stealing the researchers’ emails. Unfortunately, they can’t get the front-page coverage that the bogus stories got.

And finally, I’m not sure how you debunk something this nutty: A Republican Congressional candidate in Missouri claims Obama and the Democrats are taking away “the freedom — the ultimate freedom, to find your salvation, to get your salvation. And to find Christ, for me and you.” Don’t look at me — I said at the time that deporting the Holy Spirit was a bad idea.



Short Notes

Follow-up to last week: The NYT has yet another Israel/Palestine article with no precipitating event. Like the Kristof column I quoted last week, these reporters see the blockade failing to undermine Hamas:

Today Hamas has no rival here. It runs the schools, hospitals, courts, security services and — through smuggler tunnels from Egypt — the economy.


The best soap operas always find some way to stay fresh. Unwed pregnancy, break-upacrimony, drug charges, nude photos — and now the Bristol Palin and Levi Johnston wedding is back on.

Meanwhile, those family-values-destroying Clintons are having a wedding of their own: Former first-daughter Chelsea is getting married at age 30. There’s no baby. She’s just marrying a guy she’s known since her teens, after getting her bachelors from Stanford and a masters from Oxford. Dull, dull, dull.


An illuminating graph from Nate Silver:

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The Weekly Sift appears every Monday afternoon. If you would like to receive it by email, write to WeeklySift at gmail.com.

Crimes Uncovered

We must make atonement for all the terrible crimes we read of in the newspapers. We must make atonement for the still worse ones, which we do not read about in the papers.

— Albert Schweitzer

In this week’s Sift:



Tortured Coverage: Two Problems in 21st Century News

Two recent stories about torture expose different aspects of what’s wrong with American journalism.

In the first, a study by students at Harvard’s Kennedy School of Government demonstrated that major newspapers’ characterization of waterboarding abruptly changed in 2004, when it came out that the U.S. government was doing it. Prior to public knowledge of American involvement, 44 out of 54 New York Times stories that mentioned waterboarding characterized it as torture, but only 2 out of 143 subsequent articles did. The LA Times was also studied and its numbers showed a similar pattern.

The raw numbers are bad enough, but then you get to the NYT’s self-justification:

As the debate over interrogation of terror suspects grew post-9/11, defenders of the practice (including senior officials of the Bush administration) insisted that it did not constitute torture. When using a word amounts to taking sides in a political dispute, our general practice is to supply the readers with the information to decide for themselves.

Translation: The Bush administration told us not to call it torture, so we stopped. Similarly the Washington Post:

After the use of the term ‘torture’ became contentious, we decided that we wouldn’t use it in our voice to describe waterboarding and other harsh interrogation techniques authorized by the Bush administration.

What’s wrong here? Waterboarding-as-torture didn’t become “contentious” because some new information threw previous judgments into doubt. It became contentious because an interested party — the U.S. government — started contending against it in defiance of all previous objective standards.

And the major newspapers buckled. By backing off of a word the government didn’t want them to use, reversing their previous judgments about its meaning and proper use, they did take a side in the political dispute. I’ll let Glenn Greenwald sum up:

We don’t need a state-run media because our media outlets volunteer for the task: once the U.S. Government decrees that a technique is no longer torture, U.S. media outlets dutifully cease using the term. That compliant behavior makes overtly state-controlled media unnecessary.

The second story is also about torture, but on a much smaller scale: A former Chicago police lieutenant was just convicted of torturing sometimes-false confessions out of suspects, some of whom have subsequently been released from death row and won a suit against the city. The case came out of a series of articles investigative reporter John Conroy wrote for the Chicago Reader, starting in 1990.

Chicago public radio station WBEZ lucked out in its coverage of the trial: Conroy was available to blog about it because he’s unemployed. Like most big-city papers, the Reader has been laying off reporters — obviously not just the deadwood.

So who’s going to catch the next torturing cop? And who’s going to look into the stories of the people who are still in jail based on their tortured confessions? Not Conroy — now that the trial’s over, he needs to go find a job.



Immigration Reform: Comprehensive or Cartoon?

The Obama administration did two things to push the immigration issue forward in the past two weeks: President Obama gave a speech outlining what immigration reform ought to look like, and the Justice Department filed suit to keep Arizona from enforcing its papers-please law, S.B. 1070. [text of federal complaint. text of 1070]

The course of the immigration debate boils down to this: The problem is simple to describe, and there’s a simple-minded solution that feels satisfying but is cartoonishly unrealistic. Nobody wants to hear complicated answers this year, so every discussion founders on why we can’t just do the cartoonish thing.

WileECoyote.jpg

Here’s the simple problem: Millions — nobody’s sure exactly how many millions — of people came to this country illegally and live here either under false identities or off the books entirely. This has both good and bad effects on our economy (which I’ll discuss next week). It creates a big hole in our homeland security (because malevolent foreigners might hide in the crowd of harmless people who sneak into the U.S. and live here illegally). And it undermines our worker-protection and public-health laws (because undocumented workers won’t complain to the authorities, and who knows whether their children get vaccinations).

The simple-minded solution is that you build a wall at the border, then pick up the millions of illegal immigrants and dump them on the other side. Patrol the wall with enough troops to shoot anybody who tries to come back. Done.

As soon as you start adding details to that picture, though, the whole thing falls apart. For instance: If a wall will solve the problem, then why is there an illegal Chinese immigrant problem in Israel? They didn’t walk there.

We want foreigners to come here as tourists, students, and on business of various sorts. And we want to be the kind of open society where the government doesn’t keep track of our every move and force us to keep proving that we’re legal. So unless we’re willing to assign Soviet-style minders to every foreign family that goes to Disney World, we’re going to have illegal immigrants.

Now start imagining the Gestapo you’d need to round up millions of people, many of whom have been here for years and have friends and relatives who are legal residents with attics and basements. At a bare minimum, you’d need national ID cards, surprise house-to-house searches, and big penalties for those giving shelter. Where does that go? Years from now, high school students in Germany might be reading the tragic diary of some teen-age Anna Francisco from Indianapolis.

So if you think about the issue for more than a minute or two, you begin to see that we can’t solve this problem unless the vast majority of our undocumented residents cooperate. We can track down some of them, but we’ll need most them to come in voluntarily and register. And that means that our program has to have more carrots than sticks.

Conservatives hate that, because their instinctive reaction to any problem is to punish some non-wealthy person who doesn’t resemble them. But no punishment-based program can solve this problem.

We need what President Obama (and President Bush before him) described: a comprehensive plan that tightens the border, cracks down on employers, and offers undocumented residents legal status if they jump through a series of hoops. Such a program won’t bring the undocumented population down to zero — nothing short of ethnic cleansing will. But it should cut the problem down a few sizes.

Unfortunately, you have to get past the Wile E. Coyote solutions before you can even talk about anything realistic. And even Republican senators who know better aren’t willing to stand up to their radical base.


The federal suit against Arizona has a simple point: Regulating immigration is a federal responsibility, and the federal government needs to have the discretion to handle it. For example, it’s federal policy not to deport refugees who come here fleeing oppression. The Arizona law has no provision for that.


The best place I’ve found for studying the immigration issue is the Immigration Policy Center.


Obama’s immigration enforcement techniques are less showy and more effective than Bush’s.


The NYT has a fascinating article about the long-term unemployed. On the third page we find this:

“I would take a gardening job,” said a 58-year-old woman who had earned $24 an hour as an office manager. “I would clean toilets if I could, but I can’t take that job. Millions of people in California are illegal and they’re taking our jobs.”

A long list of factors went into explaining what had happened to the American economy so that former professionals conversant in spreadsheets and mutual funds were now chagrined to be denied the opportunity to scrub toilets. To a student of macroeconomics, the arrival of illegal immigrants seemed far down the list, somewhere after weak long-term job growth and the near collapse of the financial system.

But to unemployed people trying to divine a cause through the miasmatic haze of their own situations, the presence of illegal immigrants was the explanation they could see most clearly. You could spot them on street corners, waiting for work. You could see them crammed into rental homes, or hear their music blaring from pickup trucks. Joblessness was disorienting. Illegal immigrants formed the only putative cause that lived next door.



DOMA is Unconstitutional

Thursday, a federal judge in Massachusetts ruled that a big chunk of the Defense of Marriage Act (DOMA) is unconstitutional.

The case. It’s easy for the facts of a case like this to get lost in the subsequent debate, so I’ll state them up front: Seven same-sex couples who are legally married in Massachusetts applied for federal benefits that opposite-sex married couples routinely get (like family health insurance for federal employees), but they were denied because of DOMA. Three surviving same-sex spouses applied for federal survivor benefits under Social Security and were also denied.

Judge Joseph Tauro ruled that they should get their benefits (with one exception on a technicality). From here the case will almost certainly go to an appellate court and then to the Supreme Court before it is finally resolved.

DOMA. Congress passed DOMA in 1996, shortly after a case in Hawaii raised the possibility that same-sex marriage might become legal in that state. (It still hasn’t happened. Hawaii’s governor vetoed a same-sex civil-union law Tuesday. Same-sex marriage became legal in Massachusetts in 2004 and is now also legal in Connecticut, Iowa, New Hampshire, Vermont, and the District of Columbia. Maryland, New York, and Rhode Island recognize same-sex marriages performed in other states. Wikipedia has the details.)

DOMA says two main things:

  • States don’t have to recognize same-sex marriages performed in other states.
  • Every reference to “marriage” in federal law means opposite-sex marriage.

Judge Tauro ruled that the second is unconstitutional. The first provision is also constitutionally suspect (Article IV: “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”), but it didn’t come up in this case, so it is unaffected.

The reasoning. Most of the coverage of this decsion has emphasized the 10th Amendment states-rights angle. (In ratifying the Consitutiton, the states never surrendered their right to define marriage.) But that’s not the argument that does the heavy lifting.

If you’ve read any other decision that defended same-sex marriage, this one looks a lot the same. They all start with the 14th amendment, which promises “equal protection under the laws” to every person under the jurisdiction of the United States.

In practice, this means that if the government treats one class of citizens differently from another, it needs to have a good reason. How good a reason depends several factors, but the lowest hurdle a law has to jump is the rational basis test:

A law that touches on a constitutionally protected interest must be rationally related to furthering a legitimate government interest.

In other words, Congress can’t pass a law just to screw with some group it doesn’t like. For example, the laws against burglary were passed in order to protect property (a legitimate government interest), not just to screw with burglars because their lifestyle offends Congress’ sense of morality.

Judge Tauro went through the reasons originally given when DOMA was passed, plus a couple of others put forward by the Justice Department (which defended the case on behalf of the government — more about that later), and found that denying federal benefits to legally married same-sex couples is not rationally related to any of those goals.

[For example, the administration argued that the federal government has an interest in the simplicity of standardizing benefits state-to-state. Judge Tauro found that the federal government had never before worried about the different standards for marriage in the various states, and does not now worry about it with respect to any other issue:

a thirteen year-old female and a fourteen year-old male, who have the consent of their parents, can obtain a valid marriage license in the state of New Hampshire. Though this court knows of no other state in the country that would sanction such a marriage, the federal government recognizes it as valid simply because New Hampshire has declared it to be so.

Worse, this new desire to choose which state-approved marriages it will recognize has actually complicated the federal government’s process rather than simplifying it.]

Putting Tauro’s conclusion very simply: The disadvantages DOMA inflicts on married same-sex couples aren’t unfortunate side-effects of a law with some other good purpose. Disadvantaging same-sex couples is the purpose of the law. And that’s not rationally related to any legitimate government interest.

The Obama Administration’s Role. This case puts the administration in a difficult position. The executive branch has an obligation to defend the laws as written. (Article II, Section 3: The president “shall take care that the laws be faithfully executed.”) So when someone sues to have a law declared unconstitutional, the Justice Department defends.

On the other hand, President Obama is on record saying that DOMA ought to be repealed. One way to get rid of it would be not to defend suits against it. But that’s a bad process, and is exactly the kind of abuse of executive power I complain about in other contexts.

Taken to an extreme, this practice would allow the president and one federal judge to repeal any law they don’t like: You file a test case in the judge’s district, and then the president orders the Justice Department not to appeal when the judge finds the law unconstitutional. Bye-bye law.

Imagine, say, a President Palin or Huckabee refusing to defend a suit against the insurance mandate of the health care reform law. We don’t want to go there. The administration should hold its nose and appeal, and I’m sure they will.



Israel, Palestine, and the New York Times

Without any intention on my part, this week’s whole Sift revolves around the virtues and vices of the New York Times. Maybe I’m just reading articles I used to skim or skip over, but it looks to me like the Times made a conscious decision to deepen its Israel/Palestine coverage after the Gaza flotilla raid.

Usually our news media looks at the world through frogs’ eyes. It only sees motion, so issues can drop out of its sight just by standing still. Israel/Palestine is exactly the kind of topic it covers badly: an ongoing situation where one day looks a lot like the next. These situations may be important, but they’re not “news” in the very literal sense that nothing new happened today.

That was the whole point of the Gaza flotilla. The Israeli government has been very good at pressing the Palestinians without making news, and the flotilla was an attempt to create a newsworthy event that would draw attention to the larger situation.

It’s been working, at least at the NYT, which lately has been sending people out to cover Palestine-related situations that lack any eye-catching event. On July 5 it published a long article about American charities aiding West Bank settlements that the Israeli government considers illegal. Israelis would not be able to get tax deductions for making such contributions, but Americans do.

The money goes mostly to schools, synagogues, recreation centers and the like, legitimate expenditures under the tax law. But it has also paid for more legally questionable commodities: housing as well as guard dogs, bulletproof vests, rifle scopes and vehicles to secure outposts deep in occupied areas.

Interestingly, some of the most radical of the American groups are evangelical Christians, known as Christian Zionists.

This article was followed up on July 7 by a “Room for Debate” segment where eight writers answered the question: “Do U.S. donors drive Israeli politics?

NYT columnist Nicholas Kristof has been spending time in the region. Thursday’s column drew attention to dissident opinion within Israel, like Rabbi Arik Ascherman of Rabbis For Human Rights.

Rabbis for Human Rights has helped Palestinians recover some land through lawsuits in Israeli courts. And Rabbi Ascherman and other Jewish activists escort such farmers to protect them. The settlers still attack, but soldiers are more likely to intervene when it is rabbis being clubbed.

Kristof draws attention to something that I also have been struck by as I’ve dug deeper into these issues:

The most cogent critiques of Israel’s treatment of Palestinians invariably come from Israel’s own human rights organizations. The most lucid unraveling of Israel’s founding mythology comes from Israeli historians. The deepest critiques of Israel’s historical claims come from Israeli archeologists (one archeological organization, Emek Shaveh, offers alternative historical tours so that visitors can get a fuller picture). This more noble Israel, refusing to retreat from its values even in times of fear and stress, is a model for the world.

In Kristof’s previous column he visited a smuggler’s tunnel on the Egyptian side of Gaza. He reports that there are many such tunnels running 24/7 — enough that “shops are filled and daily life is considerably easier than when I last visited here two years ago.”

Far from hurting Hamas, Kristof claims, the blockade has created a tunnel economy that Hamas can more easily tax and control, while ruining the Gazan business community that otherwise might be a moderating force.



Short Notes

The Sift has a new look online. That’s partly because I decided to redesign, and partly because changes in Google Docs broke the way I used to do things. Comments are welcome both on the overall look and on things that don’t work they way you expect them to.


More and more people — the NYT, for example — are starting to notice that judicial activism is a conservative vice, not a liberal one.


It’s dangerous to heckle a comic.


Bonddad gives a primer on the lagging employment picture. And here’s another link to that NYT article about long-term unemployment.


Sharon Angle is working hard to blow what should be an easy job: beating Harry Reid in Nevada in an anti-incumbent year. Salon lists her latest blunders.

This one’s my favorite: After winning the Republican primary, she scrubbed her web site of a lot of the wacky right-wing positions that would hurt her in the general election. OK, everybody does stuff like that to a certain extent. But Harry Reid had saved the old Angle web-site material, and when he reposted it, Angle threatened to sue. How dare Reid make Angle’s previous positions available to the voters in her own words!


You know who’s most likely to walk away from a bad mortgage? Rich people.

The Road Sifter

NO SIFT NEXT WEEK. Next edition: July 12
Like all great travelers, I have seen more than I remember, and remember more than I have seen.
— Benjamin Disraeli

In this week’s Sift:

  • Minneapolis. This week’s Sift comes to you from the best thought-out downtown in America.
  • Road Gadget: Three weeks with my iPad. I can’t give you a nice simple justification for buying one, but I like it.
  • Short Notes. The wisest thing Robert Byrd ever said. A local Fox station has an open-mic incident after a Palin speech. Republicans vs. demography. McChrystal is almost famous. Fantasies of Hezbollah in Mexico. A simple depolarization scheme. Glenn Beck claims Thomas Jefferson. And if money is speech, then speech isn’t free.


Minneapolis
This week’s Sift comes to you from Minneapolis, where I’ve been attending the annual General Assembly of the Unitarian Universalists. In general the conference is not very relevant from a weekly-sift point of view, but Minneapolis itself is.

Any city that is trying to figure out what to do with its downtown should come study Minneapolis, where the planners have managed to steal all the useful features of a big suburban shopping mall without bulldozing their history or losing the flavor of a traditional downtown. Downtown Minneapolis is bustling, accessible by public transit, pleasant to wander in, and environmentally conscious. It’s the city’s hub for business as well as entertainment.

Downtown (see map) is really two shopping districts overlaid. The heart of ground-level downtown is the Nicollet Mall, an 11-block long stretch of Nicollet Avenue that has wide sidewalks and two traffic lanes reserved for buses — many of which are free for rides up and down the Mall. It’s anchored at one end by the beautiful Hennipin County LIbrary and the light rail station (which will take you to the Mall of America, if you really think that’s necessary), and at the other by the Convention Center. In between are a very un-mall-like variety of retailers, from unique local shops and restaurants to big chain stores like Macy’s and Barnes & Noble.

But of course this is Minneapolis, the coldest major city in America. So at a second-floor level is the Skyway — an eight-mile system of enclosed corridors that zig-zag across the downtown area. The Skyway connects the Convention Center, lobbies of the major hotels, atria of the big corporate and government office buildings, upper levels of the department stores, and another collection of restaurants and coffee shops. You can get almost anywhere without braving an uncontrolled climate, and the hotels and office buildings give you lots of fountains and other public art to look at. (Ground-level downtown has even more wonderful sculpture.)

Just outside the core of downtown — either on the Skyway or an easy walk from it — are the three major sports arenas for baseball, football, and basketball.

Many of the buses are electric hybrids that don’t spew out dark clouds of diesel fumes. And Nice Ride automatic bike rental kiosks are all over the city. You just drop off your bike at a kiosk near your destination and forget about it — another bike will be there when you want to come back.

And the most amazing thing is that it all works. America is full of failed downtown renovation plans that looked great on paper, but didn’t attract either people or businesses. This downtown has plenty of both — but isn’t gridlocked with cars — well into the evening, even on weekdays.

I can’t say how packed downtown is on a normal weekend, because this was the Pride Festival. While walking from a conference event to my hotel Saturday evening, I suddenly found myself in the staging area for Dyke March. A peppy young woman explained that I didn’t have to be a dyke to march with them, but I had somewhere else to be.

On the other side of the street (in more ways than one) I spoke briefly to a young man protesting by distributing free Bibles. (No thanks, got one already.) He clearly believed he was doing a brave thing, though as far as I could see no one had any interest in bothering him.

The most interesting thing I noticed while wandering through Loring Park was the number of vendor booths that had nothing to do with sexuality, be it gay or straight, for or against. One guy was publicizing the Automoto 3-wheel scooter (83 mpg and so cool-looking). It’s a crowd, he’s got a product to sell, so why wouldn’t he want to be there? To me, that said more than anything else about the normalization of same-sex relationships during my lifetime.



Road Gadget: Three Weeks With My iPad
Just before I got an iPad, an even-earlier-adopter told me: “You’ll love it, but it won’t change your life.”

That pretty well sums it up. Just about anything you can do with an iPad, you could have gotten done somehow with some other gadget — a smart phone, Kindle, GPS, laptop, music player, game machine, or voice recorder. According to an e-book I downloaded, travelers in ancient times even used non-electronic tools like printed books, atlases, or watches powered by some ingenious spring device.

But although I have found no unique capability that makes an iPad indispensable, it hits a sweet spot of utility and convenience that has me carrying it almost everywhere I go and using it many times a day. I’ve been browsing the web, reading books, making notes, listening to music, checking maps, playing games, and sending email on it. No single reason justifies the expense — “Now I can do X!” — but I’m glad I have it.

Web access. I got the costlier 3G-enabled version, mostly because I hope to remain connected when I enter the Internet-free zone where my parents live. But it has also saved me the $65 that the hotel wanted to charge me for a week of WiFi access. I do my basic web browsing and easy email on the iPad, and then cart my laptop to Panera when I want to do something more complicated, like write and distribute the Sift.

And that’s a good example. In theory, I could do the Sift on the iPad and travel without a laptop. At home I have synced an external keyboard to it, so the typing is no problem. The Pages app is reputed to be a decent word processor, and no doubt I could find some way to upload the text to my blog. But I haven’t been able to make the iPad’s version of Safari interface with Google Docs, so I can’t just swap the iPad into the process I already use.

I think that’s typical. There’s a way to do almost anything if you’re willing to be flexible and creative. But if you don’t want to re-design your habits around the iPad, there will be times when you want a laptop.

That said, the iPad provides a near-ideal coffee-shop browsing experience. A laptop takes over your table and forces you to plan where you’re going to put everything. An iPad picks up a WiFi network effortlessly and is as convenient as reading a book. The screen is large enough to be a good read, and the iPhone system of sizing and scrolling through a page is more convenient than anything on a laptop. Also, when I take a laptop to a coffee shop for an afternoon I have to search for a table near a power outlet. But the iPad’s battery lasts longer than I want to sit in one place.

People who already have smart phones won’t be amazed by the convenience of search for and booking a hotel room from the passenger seat of your car while whizzing down the Ohio Toll Road, but I hadn’t done it before, so I thought it was pretty cool.

Also, the month-by-month 3G plan is very convenient. My 3G access will lapse at the end of this trip — I’ll go back to using the WiFi at home — but I could activate it again any time I really needed it, and meanwhile I’m not paying for it. The speed is iffy — better in some places than others — and in general you’re better off with a WiFi network if there’s one around.

Email. The email reader is great when you need to go through a bunch of messages that don’t call for long responses. The touch-screen keyboard is adequate — much better than the tiny buttons on smart phones — but two paragraphs is about the max I want to type on it. I mainly use the iPad email as a filter, leaving any lengthy replies until I’m at a computer.

Apple’s MobileMe works just the way you’d want. When I go back to my main computer, the messages I downloaded into the iPad are still in my Inbox (but marked as read) and replies I send from the iPad are in the Sent folder.
Book-reader. I don’t think the iPad kills the Kindle, for the reason I anticipated before I owned one: It’s too heavy. The second day I after I bought the iPad, I was wondering why my wrist hurt. (Still, Amazon feels threatened enough to slash the Kindle price.)

A Kindle is like reading a light paperback, and an iPad is more like reading a heavy hardback; you need to think about how you’re going to hold it if you’re planning to read for a long time. The iPad is also a little larger, which doesn’t seem like much, but makes a difference if the Kindle fits into your jacket pocket and the iPad doesn’t.

Ignoring the weight, the iPad provides a great reading experience. As with the Kindle, I very quickly lose the “I’m reading on my iPad” awareness and sink into the book.

I wasn’t sold on the iBook app when I first tried it, but it grew on me — mostly because it downloads Project Gutenberg’s free books more easily than the Kindle. (I’ve often paid $1 or $2 to get a Kindle book that is free on the Web.) All my Kindle books are available to me through the Kindle app and I’m continuing to buy new books through Amazon, but I’m accumulating a library of free classics in iBook.

The iPad has greater resolution than the Kindle, but it uses projected rather than reflected light, so which is easier on the eyes is an individual decision. (The iPad has an advantage over the Kindle if you want to read after your significant other has turned the lights out.) Both are hard to read in direct sunlight, and polarized sunglasses make the iPad almost invisible. So paperbacks are still the best beach reading, especially given the sand-and-water thing.

Games. I’m old-fashioned in the games I play: Free Cell, Sudoku, crossword puzzles. I put a Sudoku program on my Kindle, but the interface was harder than the puzzles. I don’t play anything on the iPad that I couldn’t play on a laptop, but given the choice I’ll play them on the iPad, which for some ineffable reason promotes a more playful mood.

Deficiencies and disappointments. The main thing you need to understand about the iPad is that it’s been optimized for consuming information, not producing it. Reading War and Peace on the iPad would be great; writing it would be difficult.

The lack of a Flash player means that a lot of embedded video on the web doesn’t work. YouTube works, and I’ve heard good things about the NetFlicks app. But mainly you’re supposed to buy your video from ITunes. The lack of Flash keeps out free competition like Hulu. And if I have the internet and a microphone, why can’t I use Skype to make phone calls? It looks like the option has been designed out for Apple’s reasons, not ours.

Other deficiencies (like the Google Docs thing) look accidental and may get fixed over time. But every now and then I run into a web site that expects some Java-enabled something-or-other than either doesn’t exist for the iPad or I haven’t figured out how to turn on.

The Marvel Comics app was a huge disappointment, because it’s a totally new comic store (with a poor selection, at least for now) and doesn’t interface with Marvel’s digital subscription package. If they fix that, the iPad would be an ideal comic-book reader. (Reading comic books on a computer at a desk feels stupid; reading them in bed with an iPad is just right.)

Finally, the iPad comes with almost zero documentation, and the individual apps usually have less. It’s all supposed to be self-explanatory, except when it isn’t. For most of a day I thought my iPad was broken because the display wouldn’t rotate when I re-oriented the screen. Then I discovered there was a screen lock switch that I had flipped by accident.

Friday’s NYT looked into the future of e-readers. Nicholas Negroponte is planning

a slate computer set to be released in 2012 that will cost less than $100. Plastic and, he said, unbreakable, the computer will resemble the iPad and will “use so little power you should be able to shake it or wind it up to give it power.”



Short Notes
To honor Robert Byrd on the morning of his death announcement, Daily Kos recalls the most prescient thing he ever said:

If the United States leads the charge to war in the Persian Gulf, we may get lucky and achieve a rapid victory. But then we face a second war: a war to win the peace in Iraq. This war will last many years and will surely cost hundreds of billions of dollars. In light of this enormous task, it would be a great mistake to expect that this will be a replay of the 1991 war. The stakes are much higher in this conflict.


A Sarah Palin endorsement may help you win a Republican primary, but you’ll have to hope everybody forgets about it by November.

Meanwhile, a local Fox station had an open mic incident after a Sarah Palin speech in Turlock, California Friday. As the crew packs up, they can be heard to say things like “Now I know the dumbness doesn’t just come from soundbites.”


Lots of bloggers are discussing the “Demographic Change and the Future of Parties” report put out this week by demographer Ruy Teixeira. The gist is that by riding white-working-class anger and white-Christian social issues, Republicans are pursuing a very short-term strategy. The white, Christian, and working-class shares of the electorate are all shrinking, and younger voters lack the anti-gay animus so many candidates are relying on.

The growth action on the religious front is among unaffiliated or secular voters, who are the fastest-growing “religious” group in the United States. From 1944 to 2004 the percentage of adults reporting no religious affiliation almost tripled, rising from 5 percent to 14 percent. Projections indicate that by 2024 somewhere between 20-25 percent of adults will be unaffiliated.

This trend, combined with growth among non-Christian faiths and race-ethnic trends, will ensure that in very short order we will no longer be a white Christian nation. Even today, only about 55 percent of adults are white Christians. By 2024 that figure will be down to 45 percent.

By coincidence, Teixeira’s points were illustrated this week by polls showing neck-and-neck races in places you wouldn’t expect — Texas governor and North Carolina senator — and for a very interesting reason: Hispanics have turned against Republicans after the Arizona papers-please law. And they seem motivated to get out and vote. (A more recent poll gives the Republican a 10-point lead in NC, though.)


In the big story of the week, a group of guys forgets a Rolling Stone reporter is around and makes fools of themselves. Didn’t I see this already in Almost Famous?

Time magazine points out what ought to be obvious: People don’t backstab each other when everything is going fine. Counter-insurgency strategy is all about protecting the people and so giving them confidence in their local government. And that’s a great strategy — if you have a local government that deserves the people’s confidence. The government in Kabul doesn’t.


The North Carolina congresswoman who bravely exposed Muslims working as congressional interns and warned of the dangers posed by Arab-owned convenience stores is protecting the public from a new imaginary threat: the connection between Hezbollah and Mexican drug cartels.


Matt Yglesias notes that mainstream pundits love to complain about polarization, but you never hear them support any solutions. He proposes an obvious one: Elect representatives over larger districts and have proportional representation.

In any given election, Democrats and Republicans alike would have plausible pickup opportunities all across the country—even in New York City—meaning that it would make sense for the GOP to always at least think about trying to answer the concerns of American cities.

Then on the flipside, if Nebraska elected its three-member congressional delegation in a proportional manner you wouldn’t have the scenario where 41 percent of Nebraskans vote for Barack Obama but 100 percent of them are represented in the House by conservative Republicans.


Glenn Beck has devoted a bunch of time lately to “proving” that the Founders were all conservative Christians who never intended to separate church and state. These segments are typically nonsense — there’s a whole industry of fundamentalist “scholars” trying to make history more to their liking — but Beck outdid himself recently when he tried to claim Thomas Jefferson. Chris Rodda (author of Liars for Jesus) debunks.


The NYT’s Room for Debate blog discusses the recent Supreme Court decision upholding the law against giving material support to organizations that the government has labeled as “terrorist”, even if that “material support” is your public-relations advice or your speaking out on their behalf.

Digby points out the logic connecting recent decisions of the Rogers Court:

If you believe that multi-national corporations are exercising a right to free speech by spending unlimited funds to influence elections to their benefit, then you would naturally assume that exercising your right to free speech to influence organizations is equivalent to giving them money. The consistent concept for this court isn’t free speech at all, it’s their belief that money equals speech.



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Popular Feelings

No amount of architect's plans, bricks and mortar will build a house. Someone must have the wish to build it. So with the modern democratic state. Statesmanship cannot rest upon the good sense of its program. It must find popular feeling, organize it, and make that the motive power of government. … The task of reform consists not in presenting a state with progressive laws, but in getting the people to want them.
Walter Lippmann, A Preface to Politics, 1913
In this week's Sift:
  • The Summer of our Discontent. Liberals have been quietly unhappy with the Obama administration for some while. Now big-megaphone folks like Jon Stewart and Rachel Maddow are starting to speak up.
  • Republicans Stand Up for BP. Whenever I lose faith in the Democrats, I just look at the Republicans. Things could be a lot worse.
  • The Umpire Strikes Out. John Roberts said Supreme Court justices should be like umpires. Retired Justice Souter explains why that is nonsense, and Senator Franken demonstrates how un-umpire-like the Roberts Court is.
  • Short Notes. Krugman wants a deficit. The No Fly List strands a Virginian in Cairo. The costs of unwinding Fannie and Freddie. Glenn Beck's novel. Israeli propaganda falls apart. The treason of JFK. The Right targets the Girl Scouts. And more.


The Summer of our Discontent
In spite of conservative charges that President Obama is some kind of Marxist radical, the Left has been quietly dissatisfied with him for some while: The stimulus was too small and mistargeted, too many Bush war-on-terror excesses continue, and the health-care bill began as a compromise with the insurance companies and got worse.
Still, criticism from the Left has been muted — until recently. This week two media personalities with a lot of credibility among the liberal rank-and-file — Jon Stewart and Rachel Maddow — spoke out loud and clear.
Jon Stewart used the simple technique that somehow the rest of the media never learns: He contrasted clips of what Obama said about executive power during the campaign with what he is doing now. And then he invoked pop culture images of people corrupted by success (Jennifer Lopez claiming she is still “Jenny From the Block“) and power (Eric Cartman demanding “Respect my authoritah!“). All coming down to this:

Wait a second. All that power that you didn't like when someone else had it — you decided to keep it. Oh my God … you're Frodo!

It's the perfect image: I don't think Obama is a bad guy. But like the One Ring, the kind of power Bush established and Obama wields shouldn't exist. Destroying it takes courage, and I am beginning to doubt that Obama has that courage.
Rachel Maddow was so disappointed by Obama's Oval Office address about the BP oil spill that the next night she declared herself “fake President Obama” and gave the address he should have given.
On Tuesday, minutes after Obama's speech concluded, Rachel and Ezra Klein had expressed their disappointment in the vagueness of his assurances. The speech seemed to be more about image and theatrics, mainly emphasizing that the government won't forsake the people of the Gulf and won't let BP off the hook, without saying much about what is possible or how it would be done.
Rachel's fake-Obama (stage hands carried in an Oval Office backdrop as she started speaking) was more direct. First, she admitted that no one knows how to cap the well, that BP was allowed to drill this well even though no one knew how to respond to an accident like this. And so:

Never again will any company — anyone — be allowed to drill in a location where they are incapable of dealing with the potential consequences of that drilling. … We will not play Russian Roulette with workers' lives, and we will not play Russion Roulette with irreversible environmental national disaster for the sake of some short-term income.

She pointed out that since 1960s the oil industry has come up with no new techniques for containing oil spills, and that the techniques that exist have been bungled. (This is a point Fishgrease has been making regularly on Daily Kos, and Rachel's show is the only major media outlet I have seen cover that story.) And finally, she promised to push a much-stronger version of energy bill currently stalled in the Senate, pledging to use reconciliation to push past a filibuster, and to use executive orders whenever possible to implement whatever can't be passed by reconciliation.

we will free ourselves as a nation, once and for all from the grip of this industry that has lied to us as much as it has exploited us as much as it has befouled us with its toxic effluent.

The real Obama expressed none of this fierce determination, pledging (as he did in the health care debate) to listen ideas from all parties and work with everyone. 


Republicans Stand Up For BP
Every time the Democrats make me lose heart, Republicans remind me why Democrats are necessary. Time and again these last two months, Republican leaders have demonstrated that their hearts anguish over the suffering of BP, not the people or wildlife of the Gulf states.
The poster boy, of course, is Congressman Joe Barton, who apologized to BP's president for the “shakedown” of Obama getting BP to put $20 billion in escrow to pay claims. (This is great, BTW. It should head off the legal song-and-dance Exxon did with the Valdez. And while the size of the fund is larger, the general idea is no different than what the Bush administration did in other cases.)
Republicans quickly tried to distance themselves from Barton, who will chair the House Energy Committee if the Republicans win a majority in the fall. (That's the point of this DNC ad.) But Barton was just repeating a Republican Study Committee memo, not going rogue.
And he wasn't alone. Michelle Bachman encouraged BP to say “We're not going to be chumps, and we're not going to be fleeced.” That was too much even for Bill O'Reilly, and prompted this attack ad. And Mississippi Governor Haley Barbour argued the Mad-Hatterish point that making BP pay would harm BP's ability to pay.

Louisiana Governor Bobby Jindal has filed suit to get deep-water drilling in the Gulf started again. The six-month delay Obama imposed could turn this event into a “catastrophe”.


A great graphic brings home how the official estimates of the oil spill have increased with time.

21 years after the Exxon Valdez, a report says: “only 14 percent of the oil was removed during cleanup operations” and “the remaining oil will take decades and possibly centuries to disappear entirely.”



The Umpire Strikes Out
For decades, conservatives have campaigned to change the way Americans talk about the Supreme Court, with very little push-back from the Left. And so major-media discussions almost invariably assume the conservative frame: Conservative judges strictly interpret what the Founders meant when they wrote the Constitution, while liberal judges “legislate from the bench” according to their personal sense of empathy. 
In his confirmation hearings, John Roberts summed it all up in this metaphor: “Judges are like umpires. Umpires don't make the rules; they apply them.”
Two recent speeches have challenged both sides of that construction. Justice Souter's commencement address at the Harvard Law School demonstrated the naivety of the judge/umpire comparison, and Al Franken's speech to the American Constitution Society exposed the activist agenda of Roberts and the other conservative justices.
Souter did not refer to Roberts or the umpire analogy directly. Instead he talked about the “fair reading” model of constitutional interpretation: “Deciding constitutional cases should be a straightforward exercise of reading fairly and viewing facts objectively.” This only works, Souter says, for “easy” cases — the kind that don't make it to the Supreme Court, because lower-court judges are perfectly capable of reading laws and examining facts on their own.
He gives two examples of the kinds of cases that do make it the Court: the Pentagon Papers case in 1971 and Brown v. Board of Education in 1954. In the Pentagon Papers case, two constitutional provisions clash: the First Amendment's guarantee of a free press and the Preamble's instruction that the government “provide for the common defense”. So the Court's decision to allow publication was not based on an unconditional assertion of press freedom — reading the First Amendment and ignoring the Preamble — but rather on the government's inability to support its claim that publication would harm national security. Publication of plans for the D-Day invasion, the justices said, would have been a different matter. Souter draws this lesson:

[The Constitution's] language grants and guarantees many good things, and good things that compete with each other and can never all be realized, all together, all at once.

And that's why we need judges, not umpires.
In his second example, the meaning of the facts changes with time. The Brown decision (which banned “separate but equal” school systems for blacks and whites) reversed the 1896 Plessy decision (which upheld the constitutionality of separate black and white rail cars).  

To [the Plessy] generation, the formal equality of an identical railroad car meant progress. But the generation in power in 1954 looked at enforced separation without the revolting background of slavery to make it look unexceptional by contrast. As a consequence, the judges of 1954 found a meaning in segregating the races by law that the majority of their predecessors in 1896 did not see. That meaning is not captured by descriptions of physically identical schools or physically identical railroad cars. The meaning of facts arises elsewhere, and its judicial perception turns on the experience of the judges, and on their ability to think from a point of view different from their own. Meaning comes from the capacity to see what is not in some simple, objective sense there on the printed page. [Emphasis added.] And when the judges in 1954 read the record of enforced segregation it carried only one possible meaning: It expressed a judgment of inherent inferiority on the part of the minority race.

And that's why we need people, not machines or Vulcans, examining the facts.
Where Souter's speech is theoretical and academic, Franken's is partisan and radical. The Roberts Court, Franken claims, is not just calling balls and strikes.

The Roberts Court has, consistently and intentionally, protected and promoted the interests of the powerful over those of individual Americans.

A key technique of conservative legal rhetoric has been to marginalize the victims of its rulings.

So unless you want to get a late-term abortion, burn a flag in the town square, or get federal funding for your pornographic artwork, you really don’t need to worry about what the Supreme Court is up to. … By defining the terms of constitutional debate such that it doesn’t involve the lives of ordinary people, conservatives have disconnected Americans from their legal system. And that leaves room for lots of shenanigans. 

While the public's attention is focused on cases about government power, corporate-power cases fly under the radar.

If you have a credit card, if you watch TV, if you file insurance claims, if you work – in other words, if you participate in American daily life at all – then you interact with corporations that are more powerful than you are. The degree to which those corporations’ rights are protected over yours, well, that’s extremely relevant to your life. And in case after case after case, the Roberts Court has put not just a thumb, but a fist, on the scale in favor of those corporations.

… What conservative legal activists are really interested in is this question: What individual rights are so basic and so important that they should be protected above a corporation’s right to profit? And their preferred answer is: None of them. Zero.

Franken listed a number of recent corporate-power cases and their results.

In Stoneridge, [the Roberts Court] stripped shareholders of their ability to get their money back from the firms that helped defraud them. In Conkright, it gave employers more leeway to deny workers their pension benefits. In Leegin, it made it harder for small business owners to stop price fixing under the Sherman Act. Now, the burden is on them—small business owners—to show that price fixing will hurt competition. In Iqbal, it made it harder for everybody to get their day in court. In Exxon, it capped punitive damages resulting from the Exxon Valdez oil spill because, get this, having to own up to your mistakes creates “unpredictability” for corporations.  Which, by the way, means that BP’s liability may be capped because the Court doesn’t want to cause an unpredictable impact on its future profitability. In Rapanos, it cut huge swaths of wetlands out of the Clean Water Act.  Wetlands that had been covered for 30 years. 

[I added the links. I encourage you to use them.] In this context, Franken finds the Citizens United decision (where “the Court answered questions it wasn’t asked, reaching beyond the scope of what they accepted for appeal to overturn federal laws the conservative wing didn’t like.”) especially ominous. If the Supreme Court has an anti-people, pro-corporate agenda, then it is all the more important for voters to elect law-makers who will fix the injustices the Court creates. (Franken cites two such examples: the Lilly Ledbetter Fair Pay Act and the bill that allowed Jamie Leigh Jones to sue KBR, whose employees gang-raped her in Iraq and then held her under guard in a shipping crate.)
Citizens United (where “the Roberts Court overstepped its procedural bounds so that it could graciously provide corporations with First Amendment rights”) allows corporations to spend unlimited amounts of money on electioneering. How many law-makers will be willing to undo corporate injustices if it means facing attack ads with an unlimited budget?
The Roberts' corporate-power agenda is sheltered by its innocent-sounding “umpire” metaphor and the conservative narrative that makes it sound like common sense. Franken closed by encouraging the Constitution Society to push a counter-narrative.

In our narrative, the legal system doesn’t exist to help the powerful grow more powerful – it exists to guarantee that every American is entitled to justice.

In our narrative, we defend our individual rights and liberties against corporate encroachment just as fiercely as we defend them against government overreach.

In our narrative, judicial restraint actually means something – for starters, how about ruling only on the case you’re presented?

In our narrative, even if those big bronze doors have to remain closed for security reasons, the door to our legal system should be open to everyone, because what happens in our legal system matters to everyone.



Short Notes

I see the following scenario: a weak stimulus plan, perhaps even weaker than what we’re talking about now, is crafted to win those extra GOP votes. The plan limits the rise in unemployment, but things are still pretty bad, with the rate peaking at something like 9 percent and coming down only slowly. And then Mitch McConnell says “See, government spending doesn’t work.”

Like everybody else then, he under-estimated the unemployment rate. But the rest of this exactly what's happening.
So what's Paul saying now? He's getting increasingly frustrated at the consensus among the talking heads (not the public, incidentally, though you'd never know that from the media coverage) that we have to cut spending immediately. Government spending is supposed to be counter-cyclic: When everybody else cuts back, the government should spend, and vice versa. The long-term deficit is a problem, but the short-term deficit is necessary.

I always sensed there was something undemocratic and anti-due-process about the No Fly List. But I didn't realize it was quite this bad: A U.S. citizen who gets put on the List while he's overseas can't fly home, even under guard. So Yahya Wehelie, who was born and raised in Virginia and has not been formally accused of any crime, is stuck in Cairo until … until when exactly?

After he was arrested for marijuana possession in the US in 2008, Wehelie's Somali-immigrant parents sent him to Yemen to learn some good Islamic values, pick up a little Arabic, and maybe find a wife they could approve of. Now they just wish he could come home. “I’m not even a religious person,” Wehelie says, “I hate Al Qaeda.”


From yesterday's NYT: Fannie Mae and Freddie Mac wound up holding a lot of the mortgages nobody can pay, and the federal government wound up with Fannie and Freddie. So the taxpayers now own 160,000 houses — that's the current inventory, not the total number foreclosed — and the cost of unwinding the whole mess is estimated at $389 billion.

Fannie and Freddie are part of the conservative government-caused-the-problem argument. A good debunking of that is here, or in the book The Big Short that I reviewed two weeks ago. And I'm not sure how you blame Fannie and Freddie for stuff like this, reported by a Wells Fargo employee in Memphis:

“Your manager would say, ‘Let me see your cold-call list. I want you to concentrate on these ZIP codes,’ and you knew those were African-American neighborhoods,” she recalled. “We were told, ‘Oh, they aren’t so savvy.’ ”

She described tricks of the trade, several of dubious legality. She said supervisors had told employees to white out incomes on loan applications and substitute higher numbers. Agents went “fishing” for customers, mailing live checks to leads. When a homeowner deposited the check, it became a high-interest loan, with a rate of 20 to 29 percent. Then bank agents tried to talk the customer into refinancing, using the house as collateral. 


Drat on Chris Kelly for spoiling Glenn Beck's new novel. Apparently, Glenn took somebody else's bad novel and did a liberal/conservative flip on it. The original author gets a thank-you.


Carefully cropped and mis-captioned photos, spliced-together audio tapes … Adam Greenhouse and Nora Barrows-Friedman report on “Israel's campaign to spin the attack, distort the facts and quell an outraged public” after the Gaza flotilla raid. Meanwhile, the global attention is causing Israel to loosen the most obviously non-military restrictions on Gaza imports.


The US discussion of Gaza and the Middle East in general includes very few Palestinian voices. Here's a Chicago Public Radio interview with Columbia professor Rashid Khalidi.


My article last week on the demise of the Big 12 Conference was premature. The next day Texas worked out a deal that made it more profitable to stay than to move to the Pac 10, so the ten-team Big 12 will go forward. If smaller Big-12 schools like Kansas and Iowa State ever wondered who was in charge, they know now.


An anonymous tea-party consultant tells his story in Playboy. And an Indiana Democrat concludes this from watching a local Tea Party meeting:

I came away with the conviction that this group was ignorant, annoying, and clueless, but not, ultimately, a threat to democracy, mainstream politics, or the Geek Squad.


Digby recalls the “Wanted for Treason” poster of JFK that was passed out in Dallas just before the assassination. Just change the photos, and it would look completely up-to-date.


You know who's in the Right's crosshairs now? The Girl Scouts.

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Making Change

There is some magic in wealth, which can thus make persons pay their court to it, when it does not even benefit themselves. 
— Ann Radcliffe, The Mysteries of Udolpho, 1764

In this week's Sift:

  • Saving BP. In BP's hour of crisis, its highly placed defenders reveal that it is not just a corporation. It is England.
  • College Conference Realignment. This only looks like a sports story. Really it's really a business story. And it is best explained by that great philosopher, Cyndi Lauper.
  • Follow-up on the Gaza Blockade. My view gets some unexpected support from Senator Schumer.
  • Short Notes. A cross-cultural look at the difference between liberal and conservative minds. Cheney's favorite memo is full of holes. Defenses of don't-ask-don't-tell get crazier and stupider. Off-set your infidelity. And more.


Saving BP
The proverb tells us that money can't buy happiness, and the Beatles reported that “Money can't buy me love.” But apparently corporate money can buy sympathy from the powerful.

Immediately after the oil spill, the usual energy-industry-supported politicians spoke up on BP's behalf. Texas Governor Rick Perry, for example, used the phrase “act of God” and said that BP “historically had a very good safety record from my perspective.” After a reporter reminded Perry of the Texas City refinery explosion that killed 15 workers — think about that: a foreign corporation's negligence killed Perry's constituents — he spun that positively as well, pointing out that BP would have been extra careful this time knowing that it had “a bullseye on its back” because of its past sins.

I could give many examples, but you get the point: A lot of PR flacks work for BP directly, and a lot of them work for BP while ostensibly representing the American people. When the crisis hit, both kinds leapt into action.

After it became clear that you couldn't wish this spill away or pretend it wasn't a big deal, a lot of those voices shut up for a while. (Even Fox News' Brit Hume stopped asking “Where's the oil?” as if environmentalists had made the story up.) Then the second line of defense emerged: BP is an upright organization that will do the right thing if we just leave it alone. So Rand Paul (while still insisting that “accidents happen”) characterized President Obama's criticism of BP as “un-American” and said: “I’ve heard nothing from BP about not paying for the spill.”

If BP engenders that kind of loyalty in American politicians, imagine how the Brits feel. (With our help, they've been overthrowing governments for BP for more than half a century.) London Mayor Boris Johnson denounced Obama's “anti-British” rhetoric — apparently BP is indistinguishable from fair Albion itself. And the Evening Standard opined:

One in every six pounds that UK institutions earn in dividends is derived from BP: a reduction will have a direct, adverse effect, not just on fat cats, but on British pensioners. This is bad for all of us. We can understand American anger at this environmental and human catastrophe but the punitive approach to BP will help no one.

That concern is being echoed at higher levels. UK Energy Secretary Chris Huhne said:

It's in our joint interest to make sure that BP is able to go on functioning as an effective oil company

And Prime Minister David Cameron spoke with President Obama Saturday to “soothe transatlantic tensions” and stress “BP's economic importance to Britain, the U.S. and other countries.” 

A few observations:

  1. We're going to have to watch the Obama administration carefully, or this poor-poor-BP view will seep into its responses to the situation.
  2. The conflict here isn't US vs. UK. Like Exxon-Mobil or Shell or Chevron, BP is sovereign unto itself. (PM Cameron should see what happens if he asks BP to do something unprofitable for the sake of the realm.) The fundamental conflict of our era is between corporations and humans. Voters in all countries need to look at their representatives and ask which side they're on.
  3. Corporations always try to win sympathy by pretending to represent people: workers, customers, stockholders and so on. They don't. In a crisis, management always hides behind these human shields. But it will gladly sacrifice any of them when it becomes convenient.
  4. If a BP bankruptcy threatens British pensioners, the British government would do better to aid those pensioners directly than to protect or prop up BP. That's the lesson of our Wall Street bail-outs: Remember how the hundreds of billions we gave the banks was supposed to re-start lending to small businesses? Imagine if the government had just lent a fraction of that money directly to small businesses.

Who says conservatives lack a sense of humor? Responding to a Twitter-post about the possibility of using illegal aliens to clean up the oil spill, Cato Institute scholar Michael Cannon tweeted that “they're very absorbent“.  Yes, dehumanizing large groups of people is incredibly funny. I wonder if Cannon has heard the one about the number of blacks it takes to shingle a roof.


Ken Ringle, writing for the Watchdog website of Harvard's Nieman Foundation for Journalism, thinks the oil spill may not turn out as bad as most environmentalists think. He covered a 1979 spill near Trinidad for the Washington Post, and was amazed that the effects dissipated so quickly. Crude oil, he says, breaks down faster and is less toxic than refined products like diesel fuel. Some of the bi-products evaporate while others are eaten by bacteria in sea water. (We'll see if this applies to the oil/dispersant mixture we have now.)

A lot depends on the quality of the oil. His 1979 spill was light Arabian, the highest quality crude oil and probably the easiest for the ocean to break down. The Alaskan crude on the Exxon Valdez was harder to break down, and it spilled into a much less vigorous ecosystem.

Color me skeptical, but Ringle doesn't appear to be an oil-industry PR guy. He seems to be making an honest point based on actual experience.

Republican House leader John Boehner seemed to suggest that the government should assist BP in paying for the oil spill. Well, more than seemedhe said this:

I think the people responsible in the oil spill–BP and the federal government–should take full responsibility for what's happening there

But then he noticed how bad the headlines about a “BP Bailout” looked, so he backed out of that position, claiming to have misheard the question. Someone in Boehner's office emailed Greg Sargent:

No taxpayer money for cleanup or damages — period. BP pays. If the current law doesn't guarantee that, we are happy to work in a bipartisan way on reasonable new legislation.


Jon Stewart on BP's information-control tactics:

Apparently BP's greatest clean-up efforts are aimed at preventing fact-balls from washing up on the beach.



College Conference Realignment

Even though I'm a sports fan myself, I don't assume that Sift readers are. So I don't usually say much about sports, even when my alma mater goes to the Final Four two years running. But the apparent disintegration of the Big 12 conference seems bigger than your typical who-should-win-the-Heisman story, and you might want to pay attention even if you're not into college football.

In case you just said: “Colleges play football?” here's some background. Rather than hash out a brand-new schedule each year, colleges organize themselves into conferences: 8-to-16 teams that play each other. A conference is usually made up of schools that are in the same general region of the country, are roughly the same size, and have sports programs of reasonably equal strength. Most conferences include at least one titanic rivalry, like Ohio State and Michigan in the Big 10, or Oklahoma/Nebraska in the Big 12.

Fans get emotional about their conference identities and rivalries, but Cyndi Lauper was right, money does change everything.

So think like a business: College sports events draw a uniquely appealing audience for advertisers. Big schools like Texas or Florida have hundreds of thousands of alumni. So conferences like the Big 12 or SEC have millions of alumni, mostly with higher-than-average disposable incomes (being college graduates and all). And they don't all stay in Austin or Gainesville; you can find MSU Spartans or USC Trojans all over the country.

Back in 2007, the Big 10 tapped that potential by launching its own cable network. It seemed risky at the time, but now it's a gold mine. Because of the network, Big 10 teams get $15-20 million each in conference revenue-sharing, while Pac 10 teams get only around $10 million and the Big 12 a little less. So naturally, all the other conferences are looking into their cable possibilities, and they want to put together as salable a collection of schools as possible.

Two more economic factors: The top-drawer big-money bowl games like the Rose Bowl or the Orange Bowl (I refuse to include their corporate-sponsor names — nobody paid me extra) are now part of the BCS system, which gives automatic berths to the winners of the major conferences. If you're not in a major conference — I'm looking at you, Boise State — it's almost impossible to make it into the national championship game, even if you go undefeated.

Plus, the national body that (sort of) governs the conferences, the NCAA, has ruled that you have to have at least 12 teams to split into two divisions and have a conference championship game, as the SEC, Big 12, ACC, and Big East do. That's another national-TV big-money event, so it pressures conferences like the Big 10 and Pac 10 to grow.

But college conferences aren't like the professional sports leagues: The Pac 10 may want to expand into the Denver market, but it can't just start up a new school in Boulder. It has to find an existing University of Colorado that it can lure away from its current conference, the Big 12.

That happened Thursday

One school switching conferences is not unusual, at least not in recent years. Penn State (formerly conferenceless) joined the Big 10 in 1990. (Giving it, oddly, 11 teams; find the hidden 11 in the Big 10 logo.) In 2005 the ACC poached Miami, Virginia Tech and Boston College from the Big East, which in turn swallowed Cincinnati, Louisville, DePaul, Marquette and South Florida.

But Colorado's move was just the beginning. Friday, Nebraska joined the Big 10 and Boise State left the Western Athletic Conference for the Mountain West. For the moment, the Big 10 has 12 teams and the Big 12 has 10.

But it's not going to stop there. Five other Big 12 teams are on the Pac 10 shopping list: Oklahoma, Oklahoma State, Texas, Texas Tech, and Texas A&M. (Texas is the big one. It's supposed to decide what it's doing tomorrow, and if it leaves the dam breaks.) The Big 10 may expand further: maybe just by adding independent Notre Dame, but possibly the Big 12's Missouri as well. What would the Big 12 have left? Kansas, Kansas State, Iowa State and Baylor. Who's going to buy that cable package?

In other words, in spite of fielding teams as good as anybody's for a long time now, the Big 12 could be about to close up shop. And Nebraska and Oklahoma — arguably college football's greatest rivals, who played some of the greatest games in NCAA history — are going to be in different conferences for the first time since the 1920s. 

Sing it again, Cyndi, maybe this time with a country twang for the Big 12 fans in the Great Plains:

I said, “I'm sorry baby I'm leaving you tonight. 
I found someone new he's waitin' in the car outside.” 
“Honey how could you do it?
We swore each other everlasting love.” 
I said, “Well yeah, I know, but when we did 
there was one thing we weren't thinking of
— and that's money. 
Money changes everything.”


Follow-up on the Gaza Blockade

Last week I told you that the Gaza Blockade is targeted at the civilians of Gaza, and not just at Hamas. This week a strong Israel supporter said the same thing. Senator Chuck Schumer, speaking to the Orthodox Union:

The boycott of Gaza to me has another purpose. Obviously the first purpose is to prevent Hamas from getting weapons by which it will use to hurt Israel. But the second is actually to show the Palestinians that when there’s some moderation and cooperation, they can have an economic advancement. When there’s total war against Israel, which Hamas wages, they’re going to get nowhere.

And to me, since the Palestinians in Gaza elected Hamas, while certainly there should be humanitarian aid and people not starving to death, to strangle them economically until they see that’s not the way to go makes sense. So I think the boycott is important for bringing about peace in the Middle East. To show the Palestinians that … [interrupted by applause] … to show the Palestinians that a path of living with Israel and the Jews is a better way to go than a path of total and obdurate confrontation.

And so I think that Israel has to continue the blockade. And so far, that's what's going to happen and let's hope it continues. And it's our job to support it.

Schumer uses boycott and blockade as if they're synonyms, but there's an important distinction. If Israel doesn't want to trade with Hamas-controlled Gaza, fine. That's a boycott, and it's Israel's legitimate privilege to make that decision, just as people who sympathize with the Gazans don't have to buy Israeli products or perform in Israel or screen Israeli films or invest in companies that do business with Israel.

But to keep goods out by force, to prevent those who want to aid or trade with or invest in Gaza from doing so, is another matter. That's a blockade, an act of war. And to wage war against civilians — not to injure them accidentally while attacking military targets, but to target them intentionally — is both against international law and morally reprehensible.

The obvious response is: “Hamas wages war against civilians too.” That's true, and is also illegal and reprehensible. (As I said last week, I have no objection to a blockade that purely targets Hamas' offensive weapons rather than the civilian population of Gaza.) 

But from an American point of view, there is also this difference: No major American politician announces that shooting missiles into Israeli neighborhoods “makes sense” or “let's hope it continues” or that “It's our job to support it.” And I doubt that many American audiences would applaud if one did.


Israel has appointed its own commission to investigate the flotilla incident after rejecting an international inquiry.


Add the International Committee of the Red Cross to the list of organizations who are analyzing the blockade the same way I am.

The whole of Gaza's civilian population is being punished for acts for which they bear no responsibility. The closure therefore constitutes a collective punishment imposed in clear violation of Israel's obligations under international humanitarian law.



Short Notes
Psychologist Jonathan Haidt gives a fascinating talk about the five innate moral values, and how the appreciation of them differs between social liberals and social conservatives in a wide range of countries.

Dick Cheney has been pushing for the release of a CIA memo that he says will prove the effectiveness of “enhanced interrogation” a.k.a. torture. Well, the Justice Department's Office of Professional Responsibility has looked at the memo and found that it contains inaccuracies that undermine its conclusions. For example, it claims that waterboarding Abu Zubaydah led to the arrest of alleged dirty bomber Jose Padilla, and supports this claim by misstating the date of Padilla's arrest: The memo claims 2003, but Padilla was actually arrested in 2002, before Abu Zubaydah was waterboarded.

Sam Seder reports on “escalating border violence” in this week's edition of “That's Bullshit!”


Arizona continues to put forward its credentials as America's Bigotry Center: Yuma's mayor used his Memorial Day remarks not just to denounce the effort to repeal Don't Ask Don't Tell, but to promote the larger stereotypes behind DADT. Mayor Krieger lauded the typical soldier who fought in World War I and on Omaha Beach as “a man's man” and said:

I cannot believe that a bunch of lacy-drawered, limp-wristed people could do what those men have done in the past.

Eric Alva, a gay Marine veteran who walks on an artificial leg after stepping on a mine in Iraq, responded:

Because of my injuries, my wrist might not be as strong as it once was, but my fidelity to this country and its founding ideals has never once wavered. Gay and lesbian service members have always fought to defend this country — soon, we will be able to do so as equals. On the next Memorial Day, I ask Al Krieger to remember our sacrifices, too.


Not to be outdone, top Catholic military chaplain Archbishop Timothy Broglio cut loose with his own barrage of mental static about DADT. After repeating what the catechism says about homosexuality (i.e., it's wrong), Broglio presents the following points as if they were relevant:

  • “unions between individuals of the same gender resembling marriage will not be accepted or blessed by Catholic chaplains” Did someone think they would?
  • “First Amendment rights regarding the free exercise of religion must be respected.” I'd love to hear the Archbishop explain how a soldier saying “I'm gay” violates somebody else's free exercise of religion.
  • “Does the proposed change authorize [homosexuals in the military] to engage in activities considered immoral not only by the Catholic Church, but also by many other religious groups?” Authorize? The Pentagon doesn't throw heterosexuals out of the military now. Does that mean it authorizes heterosexual acts? All of them?
  • “For years, those struggling with alcoholism have benefitted from Alcoholics Anonymous. Like homosexuality, there is rarely a cure. There is a control through a process, which is guarded by absolute secrecy. It is an equivalent to 'Don’t ask don’t tell'.” Ummm, Timmy … are you sure you thought this one through? The whole point of DADT is that a soldier can't say, “My name is Bob and I'm gay.”

That's the weakness of hierarchical systems. (You can't get much more hierarchical than a military archbishop.) The leaders aren't used to being argued with, so they say stupid things. Gene Robinson, the first gay Anglican bishop, patiently responds


The Sift is overdue in examining recent developments (or non-developments) in Afghanistan. I'll try to fix that in the next few weeks. Meanwhile, here's Bob Herbert's take:

If we don’t have the courage as a people to fight and share in the sacrifices when our nation is at war, if we’re unwilling to seriously think about the war and hold our leaders accountable for the way it is conducted, if we’re not even willing to pay for it, then we should at least have the courage to pull our valiant forces out of it.


A great parody of carbon offsets: The Cheat Neutral web site allows you to offset your infidelities.


I got sick of listening to other people's commencement speeches, so I wrote my own.

Powerful symbols

Where knowledge is limited, and the desire to learn the complex reality doesn’t exist, public opinion can be shaped by whoever generates the most powerful symbols. 
— George Friedman, 
 In this week's Sift:


The Gaza Blockade

When you tell an Israel/Palestine story, it's always hard to figure out where to start. Usually the right (or wrong) starting point can make either side sound like the good guys. In general, each side begins with some outrage committed by the other — as if that event came out of the blue, with no provocation whatsoever.

I think I'll start with the first thing I remember. That's a bias too, but at least it's a different bias than most other writers.

I remember the Six Day War in 1967. I was ten. It was June and even though school was not quite done for the summer, I was home with a cold. So like any budding news junkie, I lay on the couch drinking one Pepsi after another (got to keep your fluids up) and watching the war on TV.

I was a huge Israel fan. We all were in those days. The news media had played up the statistics that made Israel look like the underdog: its population compared to the total population of Egypt, Jordan, and Syria; the size of the Israeli army compared to the armies it faced, and so on. Plus, Jews had been victims of the Nazis and Arabs got their weapons from the Soviets, so Israel was definitely America's team.

In those late-Civil-Rights-era days I was as innocently racist as any other white 10-year-old American boy. So for me the war had a cowboys-and-Indians quality, with Arabs as the uncivilized savages. On TV, the war was just a bunch of arrows on a map. No live cameraphone videos made the destruction real. The casualty totals were just a scoreboard, and our side was putting up a lot of points. I loved it.

I mention this so that you'll know where I'm coming from.  I've lost patience with Israel over the last 43 years, but I don't enjoy bashing them. I'd like to root for them if I could. But I just can't any more.

Gaza and Hamas. Israel came out of the 1967 war with control of Gaza. They gave Sinai back to Egypt in the Camp David Accords of 1979, but Gaza wasn't part of that deal. Israel unilaterally pulled out of Gaza in 2005.

The strange arrangement that passes for local control made Gaza and the West Bank the responsibility (in some nebulous sense) of the Palestinian National Authority, but then the Bush administration pulled one of its typical stunts. It wanted support for its claim that the Iraq War was promoting democracy in the Middle East, so it pressured Palestine's ruling Fatah Party into parliamentary elections it didn't want. The far more radical Hamas unexpectedly won those elections, and then the Bushies changed their tune: They encouraged Fatah to fight

That mini-civil-war resulted in Hamas controlling Gaza, which it made into a base for firing rockets into Israel. Israel struck back just before New Years 2009 by launching the 3-week Gaza War, after which a U.N. report accused both sides of war crimes. Human Rights Watch summed up the response like this:

More than one year after the conflict, neither side has taken adequate measures to investigate serious violations or to punish the perpetrators of war crimes, leaving civilian victims without redress. Israel’s investigations have fallen far short of international standards for investigations, while Hamas has conducted no credible investigations at all.

Blockade. Israel and Egypt have been blockading Gaza by land and sea since Hamas took control in 2007, and sanctions go back even further. Last Monday, Israeli commandos seized seven boats in international waters (and an eighth on Saturday) trying to run that blockade. They encountered resistance on one, and killed nine passengers (including an American who was shot in the back of the head, among other places). Some other passengers and a few Israeli soldiers were injured.

In last week's Short Notes, I called this a “pirate attack” and was taken to task by an Israel supporter in the blog comments. I promised to figure out what I'm talking about before saying anything else.

In the reading I've done since, there seem to be three separate questions about the Israeli raid that could have different answers:

  • Was it legal under international law?
  • Was it moral?
  • Was it good policy for Israel?

I'm going to say “no” on all three. Here's how I analyze it: As my commenter pointed out, the legal question is more complicated than just whether the ship was in international waters. If the blockade itself is legal, then the blockade line can run into international waters if it doesn't go unreasonably far outside the territorial 12-mile limit. This raid happened 40 miles out (some sources say 80), but I'm not too bothered by that: The point of international law here is to prevent mistakes that widen the conflict. The flotilla knew about the blockade and had announced the intention to break it.

To me the key issue is the legality of the blockade itself. As in all these terrorism-related conflicts, international law is a little out of date. You run into questions that don't make much sense, like whether Gaza is a country and whether Israel is at war with that country. Leave that stuff aside; Israel is right that you can't apply the legalisms too literally until the law gets modernized. 

The truly relevant questions are: Is Israel defending itself from a legitimate military threat? (I think they are. The Hamas rockets may not threaten the survival of Israel as a country, but we wouldn't put up with rockets from Vancouver hitting Seattle.) And is the blockade an appropriate response to that threat? In other words, is the civilian suffering caused by the blockade simply collateral damage from an operation with a clear military purpose?

And here the Israeli case doesn't hold up. I think a blockade that purely intercepted Hamas-bound weapons would be legal. A blockade of dual-use materials would be debatable, depending on the balance between military benefit and civilian suffering. (The current blockade keeps out cement needed to rebuild homes Israel destroyed in the Gaza War, on the grounds that the cement could also be used to build defensive positions like bunkers and barricades.) 

But the Israeli blockade goes way beyond that, keeping out anything Gazans might use to rebuild their economy or make life enjoyable. The Israeli human rights organization Gisha compiled a list of permitted and prohibited materials. (It's not official — I don't think there is an official list — but has been compiled from the import requests that have been granted and refused.) Prohibited imports include most spices, newspapers, fruits, seeds and nuts, and a lot of other things with no apparent military value. Basic foodstuffs like rice are allowed.

It seems clear to me that the purpose of the blockade is to punish the civilian population of Gaza for its support of Hamas. As Dov Weissglass, an advisor to the Sharon and Olmert administrations, put it in 2006: “The idea is to put the Palestinians on a diet, but not to make them die of hunger.” In other words, the Israelis know how bad it would look to have Gazans dying in the streets, but they want to keep them as miserable as possible.

A blockade targeted at civilians is as illegal as any other act of war targeted at civilians. (The UN Human Rights Commissioner agrees.) So the blockade and the raid enforcing it are illegal.

Second question: Is it moral? Obviously not, for the same reasons. If Israel were just doing what was necessary to stop Hamas attacks, I'd empathize. (“If only that were true,” muses Peter Beinart.) But they're not. They're intentionally punishing the civilian population.

Finally, is it good policy? The George Friedman article I quoted up top is spot on here. A lot of Israel apologists have talked about how the flotilla was looking for trouble. Well, duh. That's the whole point of asymmetric warfare in its full spectrum from Gandhi-style non-violence all the way to armed insurgency: You provoke your more powerful opponent into doing brutal things that radicalize its opponents, alienate its allies, and demoralize its supporters. 

Mission accomplished. Israel had designed its illegal blockade to be just humane enough to fly under the radar of world opinion. (I, for one, was paying no attention. What Gaza blockade?) Now we have to look at it. That's what the activists on the flotilla hoped to accomplish, and with Israel's help they succeeded.


Cenk Uygur makes a good point about the 1-minute video that shows Israeli commandos under attack as they rappel down onto the ship: Israel should release all the video they have of the raid, not just the minute they want us to see.


I'm amazed at how seldom the media mentions the fact that Turkey — the source of the seized flotilla — is a NATO ally of the United States. Instead, Liz Cheney referred to “the Turkish-Syrian-Iranian axis“.


More flotillas are planned, including one by an organization of German Jews.


A public conversation is starting that would have been unthinkable not too long ago: Is Israel a strategic liability?


Interesting case made by Peter Beinart in the NY Review of Books: Older Jews retain a strong liberal Zionist tradition, but among younger Jews liberalism and Zionism are splitting. 

Young Israeli Jews and young American Orthodox Jews, Beinart claims, are increasingly radical Zionists with little interest in Palestinian human rights. (A majority of Israeli high school students would ban Arabs from the Knesset.) Conversely, young American non-Orthodox Jews are mostly liberals who identify less and less with Israel. (In focus groups, young American Jews often refer to Israel as they rather than us.)

A 39-year-old liberal Zionist himself, Beinart deplores both sides of this trend, and closes with a call for 

an uncomfortable Zionism, a Zionism angry at what Israel risks becoming, and in love with what it still could be. 



The Sift Bookshelf: The Big Short by Michael Lewis
I've been struggling for a year and a half to understand and explain the financial collapse of 2008. The Big Short is the most useful book I've found so far. Michael Lewis has taken the arcane details of credit default swaps (CDSs) and collateralized debt obligations (CDOs), put them together with stories of real Wall Street investors, and woven the whole thing around one of the standard action-movie plots to make a very readable book.

Here's the plot as you've seen it in a hundred movies: Life is perking along normally, but a Really Bad Thing is about to happen. A volcano is about to blow, aliens are about to invade, a bio-engineered disease is about to get loose — it doesn't matter what it is, the plot is the same. Anyway, a handful of people realize what is going on, they try to tell everyone else, and everybody just thinks they're insane until all Hell really does break loose.

OK, now imagine that the Really Bad Thing is that some large chunk of American mortgages are about to go into default, and make the whole financial system insolvent. The Big Short tells the story of how a few Wall Street outsiders figured it out and what they tried to do about it.

The characters are quirky and Lewis makes those quirks seem charming. Michael Burry, for example, never knew he suffered from Asberger's until his son was diagnosed with it. Obsessively reading stock market research in a room by himself just seemed like a good work ethic.

The hard thing to understand about the housing bubble and the financial collapse that followed is how so many people went crazy at the same time. Well, now I get it: There was originally only one crazy thing, it created a hole in the system, and all the other crazy things were just people trying to re-route the money flow to take advantage of the hole in the system.

Let me make an analogy: Suppose I invented a machine to turn rat droppings into gold. It would flip the whole economy upside down. Suddenly rat droppings are valuable. People leave their otherwise productive jobs to start collecting rat droppings. Other people start raising rats to get the droppings. After it turned out that my machine didn't really work, it would look like everyone was crazy. But there is just one insane idea, and everything else proceeds rationally from there.

That's what happened.

The original hole in the system was at the bond-rating agencies — Moody's, S&P, and Fitch. The investors of the world trust those agencies to evaluate whether the corporations who raise money by selling bonds are going to be able to pay that money back when the bonds come due. It doesn't matter whether an investor has heard of XYZ Corp. or examined its financials — if Moody's rates its bonds AAA, then they're good as gold. Every AAA bond, no matter who is backing it, is as good as every other AAA bond. At least that's what investors believe.

Now you need to understand something about the financial community: The people who finish at the top of their class get jobs with the big investment banks like Goldman Sachs. The people who finish at the bottom go to the rating agencies like Moody's.

OK, now the CDOs (i.e. derivatives) come into the picture. They're complicated investments that look like bonds but are based on huge pools of home mortgages. You don't need to understand them. What you need to understand is this: While there originally was some legitimate purpose to creating CDOs, at some point the smart kids at the big investment banks realized that the dumb kids at Moody's weren't very good at rating them. Moody's wasn't drilling down to look at the soundness of the mortgages the derivatives were based on, it was rating the derivatives by applying simple models that had been valid in the past. If you were really smart, you could create a fantastically complicated CDO that would fool those models. You could take a bunch of mortgages that should never have been made and turn them into a AAA-rated bond.

Rat droppings into gold.

Once the droppings-to-gold machine exists, the whole financial system starts to re-arrange itself to take advantage. Ordinarily, it makes no sense to loan money to people who can't pay it back. That loan is a rat dropping. But suppose I can charge a fee for making the loan and then sell the loan to somebody else who can sell it to somebody else who can sell it to somebody who can turn a bunch of these things into a AAA bond? And what if mutual funds and pension funds and insurance companies are as happy to buy those AAA bonds as if they had been issued by the U.S. Treasury?

Then it's logical to make as many of those loans as you possibly can. You can get rich by loaning money to people who can't pay it back.

That's what happened.

Now look at the secondary effects: Even as house prices go higher and higher, more people can afford to buy them, because the mortgage companies don't care whether they can make the payments. People start buying houses they have no intention of living in, because they can buy them completely on credit and probably sell them at a profit in a few months. And then people start building houses and condo complexes in places where no one wants to live, because they can sell them to people who have no intention of living there.

It's crazy, but it all makes sense given that somebody can turn bad loans into AAA bonds.

Now suppose you run a small hedge fund (like Steve Eisman or Michael Burry) or you are a couple of young guys (Charlie Ledley and Jamie Mai) who are on a roll and have turned $100,000 of your own money into millions. Suppose you're just stubborn enough to drill down through all the gobblygook and arrive at the fundamental truth: These AAA bonds are based on loans are never going to get paid back.

What do you do? Well, you can try telling people, but nobody is going to believe you. Moody's says these are AAA bonds, and in order to explain why Moody's is wrong you'd have to find somebody intelligent enough to understand your logic and make them sit still and listen to you for about a day. And if you found such people, 9 out of 10 of them would refuse to believe that things had gotten that crazy. “Nah,” they'd say, even after they understood your logic, “that can't be right.”

In stocks, there's a tried-and-true way to tell the market it's wrong: You sell something short. You borrow the stock from somebody, sell it to somebody else, and figure that you'll buy the shares back and return them to their original owner after the price crashes. If enough people sell a stock short, they correct the system: They drive the price down to where it should have been to start with. Along the way they get rich, because they buy the stock back for less than they sold it for.

The market had no mechanism for selling CDOs short. But it did have credit default swaps (CDSs). A CDS isn't a “swap” at all, it's an insurance policy on a bond. If you have bonds that you think might go bad, you can go to a big insurance company AIG, pay them a premium, and if the bonds do go into default it becomes AIG's problem.

That sounds sort of sensible. But then realize that the CDS market is completely unregulated: You can buy a CDS on bonds you don't own, which is sort of like buying fire insurance on somebody else's house just because you know they smoke in bed. And unlike fire insurance, AIG doesn't have to set aside a reserve fund to pay off on houses that burn. (Congress refused to regulate the CDS market.) You're just trusting that AIG can pay, because it also is a AAA-rated company.

Now here's the final piece of the puzzle: Once you do your CDS with AIG, betting that one of the CDOs will default (OMG!), AIG can sell its interest in your policy to someone else. From their point of view, your policy represents a stream of premium payments, and it only requires a pay-off if a AAA-rated bond goes bust. So your policy is now yet another AAA-rated investment that is ultimately backed by bad mortgages.

Get that? Your attempt to correct the mortgage-backed security market ends up creating yet another mortgage-backed security.

This is how the losses on mortgage-backed securities wound up being bigger than the mortgages themselves. When a mortgage went bad, the holder of the mortgage lost money. But so did all the people who owned the wrong side of the CDSs based on that mortgage. It's like a casino takes $1 million of bets on whether or not you will pay off your $100,000 mortgage. When you default, there is $1 million of winnings and $1.1 million of losses.

So in the end, the people who figured out what was going on failed to correct the market, and instead became part of the problem. No one listened to them, but they got rich when everything went bust. Of course, most of the people who were wrong also walked away rich after the bailouts. 

As you can imagine, Lewis' unlikely heroes wind up feeling odd about the whole thing. Michael Burry got out of the hedge fund business and was last seen obsessively trying to learn to play the guitar.


Short Notes

The National Center for Atmospheric Research just released a simulation of where the BP oil spill might go given typical ocean currents. Oil pools up aimlessly until about Day 80 — around mid-July — when it hits the Florida/Cuba gap. Then the currents very quickly pull it up the East Coast to North Carolina before shooting it out into the Atlantic.


More about the BP cover-up of clean-up workers' health problems.


I missed this last week: Susan B. Anthony scholars Ann Gordon and Lynn Sherr did a reality check on the pro-life movement's (and particularly Sarah Palin's) attempt to claim the trail-breaking suffragette as one of their own. 


Harry Reid looked like a dead man walking just a few months ago. Now, as the Nevada Republican primary approaches and voters can see just how wing-nut crazy the alternatives are, Reid has pulled ahead.


You gotta love South Carolina politics. Where else could you refer to native-born American Methodist as a “f***ing raghead” because her parents are Sikh? (Sikhs, BTW, aren't any kind of Muslim, but some do wear turbans.)


How does Arizona get that bad rap about being racist? Maybe like this


President Bush confessed to a war crime, and said he'd “do it again to save lives.” Now if only he could identify any lives that he saved.


Rush Limbaugh believes so strongly in traditional one-man-one-woman marriage that he'll try it for a fourth time.

Notes for the Crew

There are no passengers on Spaceship Earth. We are all crew. — Marshall McLuhan

In this week’s Sift:

  • Notes on the Oil Spill. First BP lied about how much oil was leaking into the Gulf of Mexico. Now it’s lying about what’s making the clean-up workers sick.
  • Notes on Race. You don’t actually have to hate anybody to be a racist. Just systematically short-changing them is enough.
  • Other Short Notes. Safety problems in biotech. Closing in on DADT repeal. Palin has the First Amendment backward. Hotter than 98. Rand Paul vs. the 14th Amendment. The $100,000 infield. What if Juliet had a sassy gay friend? And more.


Notes on the Oil Spill
BP continues to try stuff that continues not to work. The only plan that seems guaranteed to work is to drill a relief well, which won’t be ready until August.

Meanwhile, the disregard of safety that got BP into this mess is still operating. Now BP is trying to deny the risks to clean-up workers, with the result that many are getting sick. McClatchy reports:

Little-noticed data posted on BP’s website and the Deepwater Horizon site show that 32 air samples taken near workers have indicated the presence of butoxyethanol, a component listed as present in an oil spill dispersant used by BP, known as Corexit. The Environmental Protection Agency considers it toxic.

BP is not supplying masks for its clean-up workers, in spite of Corexit’s manufacturer’s warning that people should “avoid breathing vapor”. According to CNN, Clint Guidry, president of the Louisiana Shrimpers Association, charges that BP has been threatening workers who speak out about health concerns. “Some of our men asked, and they were told they’d be fired if they wore masks.” (Wild speculation on my part: Public relations? Was BP afraid that TV images of guys wearing masks would scare the public?)

BP CEO Tony Hayward offers an alternative explanation: “Food poisoning is clearly a big issue.” CNN quotes this scoffing response from a professor at the University of Minnesota School of Public Health: “Headaches, shortness of breath, nosebleeds — there’s nothing there that suggests foodborne illness. I don’t know what these people have, but it sounds more like a respiratory illness.” In short: They didn’t eat something bad, they breathed something bad.

I’m going to speculate here and connect some dots: If the problem is toxic fumes produced by the Corexit/oil combination, and if the oil keeps flowing until August, then it’s not just going to affect clean-up workers. Ordinary people who live in coastal cities are going to start showing the same symptoms. That’s even more lawsuit bait, and so BP is going to deny the issue as long as possible.

If you want to see the blueprint for this kind of denial, look back at my review of David Michaels’ book Doubt is Their Product: How Industry’s Assault on Science Threatens Your Health. Risking people’s lives for profit is standard operating procedure. It’s what corporations do.

I continue to be impressed by the foul-mouthed but right-to-the-point coverage from Daily Kos’ Fishgrease, who claims to have spent 30 years in oil and gas exploration and production. In this post, he explains why the Top Kill failure was obvious after 3 hours, even though BP took days to admit it.


Newsweek describes the BP/government efforts to limit press access to damaged sites.


This sums up the state of journalism: All the best interviews are done by comedians. I link to Jon Stewart all the time, but here Bill Mahr talks to Phillippe Cousteau (grandson of Jacques) after his dive into the oil slick. Cousteau comments on the environmental costs that are regularly passed on to the government and the general public:

Socialism … that word gets thrown around a lot. Well we as taxpayers in this country are subsidizing major businesses that are making billions and billions of dollars every quarter … They never really pay the full cost of their product. We end up paying for that. And that’s the problem.

Susan Shaw, director of the Marine Environmental Research Institute, also dove into the slick, and described it for the New York Times

Only a few meters down, the nutrient-rich water became murky, but it was possible to make out tiny wisps of phytoplankton, zooplankton and shrimp enveloped in dark oily droplets. These are essential food sources for fish like the herring I could see feeding with gaping mouths on the oil and dispersant. Dispersants break up the oil into smaller pieces that then sink in the water, forming poisonous droplets — which fish can easily mistake for food.

… The timing for exposure to these chemicals could not be worse. Herring and other small fish hatch in the spring, and the larvae are especially vulnerable. As they die, disaster looms for the larger predator fish, as well as dolphins and whales. … In a short time, the predator fish will either starve or sicken and die from eating highly contaminated forage fish.


It’s hard to assess the political impact the oil spill will have. On the one hand, it is a disaster on Obama’s watch and so far there has seemed to be little he could do about it. (Much of the political criticism has centered on imagery: He should look more involved. He should do more to show the people of the Gulf states how much he cares.) He looks weak and ineffective, which is never good for a president.

But the political opportunity is to run to President Obama’s left, not his right. Deep Horizon is yet another example of the bankruptcy of the pro-corporate, the-market-will-take-care-of-everything philosophy that has dominated our government since Ronald Reagan.

The reason Obama is weak is because the government has let this aspect of disaster-response be privatized. The expertise to cap leaking wells is in the oil industry, not in government. So Americans are finding out what it’s like to depend on a corporation — a foreign corporation no less — when catastrophe strikes. And they don’t like it.

NYT columnist Bob Herbert brings that message home. He ridicules President Obama’s admission that he was wrong “in my belief that the oil companies had their act together when it came to worst-case scenarios.” How could any intelligent person, Herbert wonders, have believed that?

Haven’t we just seen how the giant financial firms almost destroyed the American economy? Wasn’t it just a few weeks before this hideous Deepwater Horizon disaster that a devastating mine explosion in West Virginia — at a mine run by a company with its own hideous safety record — killed 29 coal miners and ripped the heart out of yet another hard-working local community?The idea of relying on the assurances of these corporate predators that they are looking out for the safety of their workers and the health of surrounding communities and the environment is beyond absurd.

… President Obama spoke critically a couple of weeks ago about the “cozy relationship” between the oil companies and the federal government. It’s not just a cozy relationship. It’s an unholy alliance. And that alliance includes not just the oil companies but the entire spectrum of giant corporations that have used vast wealth to turn democratically elected officials into handmaidens, thus undermining not just the day-to-day interests of the people but the very essence of democracy itself.

… The U.S. will never get its act together until we develop the courage and the will to crack down hard on these giant corporations. They need to be tamed, closely monitored and regulated, and constrained in ways that no longer allow them to trample the best interests of the American people.

The instant reaction of Republican politicians and conservative pundits was to minimize the spill and close ranks around BP. If the public decides it wants to “crack down hard” on “corporate predators”, it’s not going to trust Republicans to carry out that mission.


This week’s find is The Bobblespeak Translations, which claims to translate TV-talking-head-speak into real English — or at least humorous English. Its translation of Sunday’s Meet the Press has David Brooks saying:

This disaster proves that conservatives are right – there are limits to what government can do to fix the disasters caused by conservatives.



Notes on Race

Kentucky Senate candidate Rand Paul has inspired some interesting discussion about race on the lefty blogs. Last week, if you remember, Paul touched off a firestorm by saying that he opposed the part of the 1964 Civil Rights Act that interfered with a private business’ right to deny service to anyone they didn’t want to serve. He denounced racial segregation and said he wouldn’t patronize a business that practiced it, but he didn’t think stopping private-market segregation was the government’s job.

Looking back at the 60s, there’s been an attempt on the Right to build a wall between the Dixiecrat segregationists (many of whom were Democrats like George Wallace or Democrats-turned-Republican like Strom Thurmond) and principled conservatives like Barry Goldwater, who had a position similar to Rand Paul’s. Jamelle Boule blows this up by posting an actual race-baiting Goldwater poster.

The whole I’m-not-a-racist-but line of thought is misguided, because racism isn’t just a personal issue, it’s a systematic issue. Suppose I run a classy restaurant in the Jim Crow South, and I have nothing against blacks personally, but I don’t let them in because they’re poor and uneducated and don’t know how to behave in a classy restaurant. Well, if my picture of the blacks in my town is accurate, that begs the question: Why are they poor and uneducated and uncouth? Isn’t that the result of systematic racism, and aren’t I supporting that system by keeping blacks out of my restaurant? OK, maybe I’m not doing it out of hate, but how much difference does that make?

The Tapped blog makes a similar point about a New York governor’s task force studying police-on-police mistaken-identity shootings. The task force found that non-white officers were the victims in a vast majority of cases, but its vice-chair said “That’s not the same as racism.”

In other words, police are more likely to shoot off-duty black officers because of unconscious assumptions about blacks, rather than because of conscious racial hatred. But that’s not “racism”. It’s a weird restriction of the usage of the term. Police officers are dead because they’re not white. That’s racism.

Jacob Weisberg draws a regional distinction between Republicans in various parts of the country, particularly the Goldwater-style Western Republicans (who are driven by anti-government economic theories) and the Wallace-style Southern Republicans (driven by race, religion, and social issues).

But Booman doesn’t buy it. He sees little difference between Western Mormons and Southern Baptists on social issues. And white anxiety in the West may focus on Latinos rather than blacks, but it’s still white anxiety.

So, what we’re seeing now isn’t a shift of influence in the GOP from the South to the West so much as Southification of the West. They’re not only becoming the hub of a new racial politics, but they’re growing more culturally conservative as well.


If you want to get publicity and make a name for yourself in a 3-way race, pander to bigots. That’s what Tim Cahill has decided to do in the Massachusetts governor’s race, where he’s running as an independent and is far behind incumbent Governor Deval Patrick and Republican challenger Charlie Baker.

When he heard that Gov. Patrick had met amicably with a Muslim group and endorsed cultural sensitivity training for police, Cahill released a statement talking about terrorism and “political correctness run amok”. The statement artfully invokes bigoted ideas without repeating them, juxtaposing phrases without actually connecting them.

So, for example, Cahill jumps easily from “Muslim” to “car bombing”. (Imagine using Timothy McVeigh to justify suspicion of all Christians.) He mentions his support for Arizona’s immigration law right after “families living legally in Massachusetts are hurting” — as if it were obvious that illegal immigrants (and not, say, Goldman Sachs) were hurting those families. Cahill’s statement says:

I fully support equal protection under the law for every American, regardless of race or creed, but …

The overwhelming majority of Muslim-Americans are peaceable people who love this land, but …

Does it matter what comes after but? I don’t think it does. If you need a but, you don’t “fully support” anything.


Iowa Republican Rep. Steve King is also making the Hispanic/Muslim connection. Mexicans, Pakistanis — maybe there’s one big brown-people conspiracy or something.



Other Short Notes
OK, we’ve seen what happens when the government gets lax in regulating offshore oil wells. Now let’s think about biotech labs. Don’t we want to get government off the back of our biotech researchers, and let the market protect us?

The Israeli pirate attack seems to be getting remarkably little coverage so far. Ordinarily I’d leave this to next week because I don’t understand it yet. But I’m amazed this isn’t getting the 24/7 treatment.



Don’t Ask Don’t Tell might be in its last year. The House passed a repeal this week, and the Senate got a similar provision through the Armed Services Committee. The repeal wouldn’t take effect until the Pentagon completes its report (due December 1), and President Obama, Secretary Gate, and Joint Chiefs Chair Mike McMullen would all have to certify that repeal would not harm military readiness or effectiveness. So it’s not a done deal, and who knows what will happen if there are Republican gains in November? But it’s progress.

Meanwhile, the usual rabble-rousers are wracking their brains to make up scary stories about gays serving openly in the military. As if nobody had ever tried this before. Israel and all NATO countries other than us and Turkey allow gays and lesbians to serve openly. None reports the imaginative problems anticipated by the Family Research Council.

If Sarah Palin ever has to face real questioning, I hope someone asks what she thinks “freedom of the press” means. A week ago in Idaho, she repeated a claim she made during the 2008 campaign, that media attacks on conservatives like her are “a violation of press freedom”. She appears to believe that the First Amendment protects politicians (or at least Sarah Palin) from journalists, not journalists from politicians.

Journalism, by the way, is what her college degree is in. She should know this stuff.


One of the staples of global-warming denial is to say that warming stopped in 1998. This lie is spun around a nugget of truth: 1998 was a spike in the temperature graph, much warmer than either 1997 or 1999. The overall warming trend didn’t catch up to it until (by some measures) 2005.

Well, so far 2010 is beating both 1998 and 2005. NOAA says:

January-April 2010 global average temperatures were the warmest on record.

So we may soon be free from the 1998 canard. Sort of. Random variation will probably cause 2011 to be cooler than 2010 (though warmer than, say, 2008 or 2009). And then we’ll hear again that global warming has stopped.


Florida Republican Rep. Connie Mack IV (son of congressman Connie Mack III and great-grandson of legendary baseball manager Connie Mack) explained in the WaPo why conservatives should oppose Arizona’s immigration law:

Our Constitution protects individual freedoms and liberties. Nowhere does this document speak of protecting the majority over the minority. Anger about the economy, increased crime and security concerns are fueling this law, not constitutional principles.


Speaking of Connie Mack, If you want to understand just how much baseball has changed in the last hundred years, recall that Mack’s 1910 championship-winning Philadelphia Athletics team was famous for its $100,000 infield — including third baseman Home Run Baker, who hit less than 100 home runs in his 15-year Hall-of-Fame career.


Speaking of Arizona, consider what might happen if police make mistakes. Here’s a case in Illinois where a U.S. citizen born in Puerto Rico was nearly deported to Mexico.


And speaking of the Constitution, Rand Paul only supports it when it says stuff he likes. He told an interviewer for RT (a Russian TV network) that we should stop granting citizenship to babies whose parents are here illegally. This puts him on the same page as the 90 Republicans who have sponsored the Birthright Citizenship Act. (Like so many Republican bills — the Healthy Forests Initiative to increase logging and Clear Skies Act to loosen pollution limits come to mind — it does the opposite of what the title suggests: It takes away some babies’ birthright citizenship.)

The bill contradicts the 14th amendment, which says:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

But that’s just the Constitution. Who cares about that?

And while we’re at it, who cares about facts? Paul said: “We’re the only country I know that allows people to come in illegally, have a baby, and then that baby becomes a citizen.” Deoliver47 points out that Paul is referring to the legal concept called jus soli, literally right of soil. Wikipedia lists 34 nations that practice jus soli. But other than the United States, they’re all barbarous places like Canada. I’m not surprised Rand Paul hasn’t heard of them.


Republicans want a special prosecutor to investigate a report that President Obama offered Joe Sestak a job in the administration if he wouldn’t run against Senator Arlen Specter. (Sestak did run and beat Specter in last week’s Democratic primary.) Even if everything claimed is true — and it seems not to be — it’s hard to see what the legal or moral issue is. Offering a congressman a job in exchange for voting a particular way could be bribery, depending on how explicit the quid-pro-quo is. But Sestak was making a decision about a career move, not a bill in Congress; if Obama offered him a different career move, what’s the problem?

What this does show, though, is that if the Republicans get control of Congress in 2010, it’s going to be the Clinton administration all over again, with endless investigations and one attempt after another to trump up a scandal.

Republicans have often used the phrase “criminalizing politics” to describe any attempt to enforce the laws broken by the Bush administration. But unlike the Bush cases, this is a clear example of criminalizing politics. There is no broken law, only ordinary political deal-making.

Just for fun: Second City Theatre demonstrates how tragedy could have been averted if only Shakespeare’s female characters — Ophelia, Juliet, Desdemona — had had a sassy gay friend to tell them what’s what.