June 07, 2005

Popular Science Debunks 911 Myths

A Western Heart links to an article in Popular Science that debunks a number of ridiculous 911 myths, some of which i hadn't even heard of. Like the one where someone claims one of the New York planes didn't have windows, which proves it was a military tanker and therefore Bush did it. There's some wacko people in this world, but we already knew that.

Another crazy theory is that the planes should have been intercepted almost immediately and since they weren't, therefore Bush did it.

CLAIM: 'It has been standard operating procedures for decades to immediately intercept off-course planes that do not respond to communications from air traffic controllers,' says the Web site oilempire.us. 'When the Air Force "scrambles" a fighter plane to intercept, they usually reach the plane in question in minutes.'

FACT: In the decade before 9/11, NORAD intercepted only one civilian plane over North America: golfer Payne Stewart's Learjet, in October 1999. With passengers and crew unconscious from cabin decompression, the plane lost radio contact but remained in transponder contact until it crashed. Even so, it took an F-16 1 hour and 22 minutes to reach the stricken jet. Rules in effect back then, and on 9/11, prohibited supersonic flight on intercepts. Prior to 9/11, all other NORAD interceptions were limited to offshore Air Defense Identification Zones (ADIZ). 'Until 9/11 there was no domestic ADIZ,' FAA spokesman Bill Schumann tells PM. After 9/11, NORAD and the FAA increased cooperation, setting up hotlines between ATCs and NORAD command centers, according to officials from both agencies. NORAD has also increased its fighter coverage and has installed radar to monitor airspace over the continent.

Oh, i can hear the moonbats now: "Popular Science is a stooge of the Bush administration."

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June 04, 2005

Democrats Dean Forgot

Howard Dean, on Thursday:

Speaking to the Campaign for America's Future, Mr. Dean called for easier rules for voting, saying it is difficult for working parents to make it to the polls on time and wait to vote.

'Well, Republicans, I guess, can do that, because a lot of them have never made an honest living in their lives,' Mr. Dean said.

honest_democrats.jpg

Two words: pot. kettle.

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June 01, 2005

Economy Survey, i'm Just Curious

Would you please supply the missing word:

The American economy today is ________.
i'd like to compile as many responses as possible, and i'll post about it. Please use only one word answers.

i've turned comments off so that one response won't influence the next. Please take a moment and click here to send me your answer.

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May 23, 2005

Who Got Who

The deal is in. Via NRO:

MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS

We respect the diligent, conscientious efforts, to date, rendered to the Senate by Majority Leader Frist and Democratic Leader Reid. This memorandum confirms an understanding among the signatories, based upon mutual trust and confidence, related to pending and future judicial nominations in the 109th Congress.

This memorandum is in two parts. Part I relates to the currently pending judicial nominees; Part II relates to subsequent individual nominations to be made by the President and to be acted upon by the SenateÂ’s Judiciary Committee.

We have agreed to the following:

Part I: Commitments on Pending Judicial Nominations

A. Votes for Certain Nominees. We will vote to invoke cloture on the following judicial nominees: Janice Rogers Brown (D.C. Circuit), William Pryor (11th Circuit), and Priscilla Owen (5th Circuit).

B. Status of Other Nominees. Signatories make no commitment to vote for or against cloture on the following judicial nominees: William Myers (9th Circuit) and Henry Saad (6th Circuit).

Part II: Commitments for Future Nominations

A. Future Nominations. Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

B. Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

We believe that, under Article II, Section 2, of the United States Constitution, the word “Advice” speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.

Such a return to the early practices of our government may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate.

We firmly believe this agreement is consistent with the traditions of the United States Senate that we as Senators seek to uphold.

While both sides will undoubtedly claim a victory, the conservative true-believers are not happy, from what i've gathered in the last half hour or so listening to the radio and tv pundits.

i'm not overjoyed at the compromise, but i'll have to live with it. What choice do i have? Last time i checked, i am not a United States Senator.

So this is a deal that allows the Democrats to save face, while still giving the Republicans a vote on some of the nominees. Or, it's just as accurate to say that it allows the Republicans to save face while still allowing the Democrats the option to filibuster in the future.

In the world of civil litigation, lawyers say it's a good settlement when both sides are unhappy. But there's another rule in negotiating settlements: "Never negotiate away your leverage in exchange for "goodwill."*

If there's one thing plaintiffs attorneys and Democrats have in common (besides John Edwards) it's that you can't trust a single one of them to act in good faith. Like Sam Gompers, they want only one thing: "more." And they're absolutely shameless about getting it. We saw that in the way guys like Harry Reid completely flip-flopped on the issue of floor votes for judicial nominees.

That's why the most troublesome part of the deal for me is this clause:

Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.
It doesn't take a genius to figure out that that's a promise meant to be broken. And when they do break it, as i promise you the Democrats will, we'll be arguing about the meaning of "extraordinary circumstances" instead of the meaning of the Constitution.

That's the biggest problem with the deal. It takes the issue of constitutionality off the table. The true-believers have a right to be angry on that point. By conceding to the minority a power to block majority will on judicial nominees, the Republicans have conceded the constitutionality of that procedural tactic. They caved in on the very principle that brought about this entire crisis. And for what? A bit of goodwill. A promise to be good from now on.

Ha! That's worth about two dead flies.

Why would Senate Republicans negotiate away all their leverage by giving up the nuclear option in exchange for a promise? Because they are suckers? Because they love Senate tradition more than they love the Constitution? Or because the Republican Senate leadership is just plain bad at their job?

As i mentioned before, my ideal solution would have been to do away with all filibusters on all issues. Why the hell should one half of the legislature have that stupid rule when the other house does very well without it? The filibuster is almost never used for a noble purpose.

i agree with the late Tip O'Neill, who was wrong about so many things. But he was on the right track when he wrote:

Thanks to television, the House of Representatives is now recognized as the dominant branch of Congress,. [sic] In 1986, the Senate brought in TV cameras as well. But the senators ramble on for hours, whereas our members can speak for only five minutes, apart from "special orders" at the end of the day, and a few other exceptions. Unlike the rules of the House, those of the Senate allow for unlimited debate and unrestricted amendments. Now that the Senate is on television, the prestige of the House should continue to increase."
[Thomas P. O'Neill, Man of the House, p. 290, Random House, 1987]
Today's compromise, in favor of a supposed status quo that's not even really a status quo, ensures that the Senate will remain the weaker, less prestigious house in my book. How can anyone say otherwise when its own rules allow the minority to dictate to the majority and no one has the guts to do anything about it?

More outrage: see Professor H; Three Knockdown Rule; i can't disagree with Patterico's prediction; Spoons has a riddle; and Mark Nicodemo agrees that the Senate Republicans are inept; and Nikita Demosthenes calls them out by name.
_______________

* Okay, i don't know if that's really a negotiating rule, i just made it up. But it should be.


[Cross-posted at A Western Heart.]

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Pro-Life And Pro-Abortion

Doug TenNapel made a provocative statement, which happens to be a pretty good summary of what i believe on the subject.

First of all, let me state that I'm Pro-Life and Pro-Abortion. . . . But the only instance where I think abortion is moral would be when two human lives are likely to die and if one life is aborted so that only one will die, then abortion is a moral act.
Read the rest. It's a wide ranging but well reasoned post, which touches on the malum prohibitum vs. malum in se dichotomy, and just war theory too.

And on a related theme, Michelle Malkin asks if abortion is funny. Some people think so.

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May 19, 2005

The Middle Finger

Celebrity blogger and annika's journal visitor, Hugh Hewitt, spent the major portion of his radio show today talking about the Pepsico middle finger controversy. Here's the professor's summary:

The President and CFO of Pepsico gave a speech at Columbia Business School's commencement. In the speech, Indra Nooyi compared the fingers of the hand to different parts of the world. The United States got the middle finger. What a surprise! How courageous for Ms. Nooyi, how daring, and such soaring rhetoric.
The key passage from Ms. Nooyi's address is this one:
As the longest of the fingers, [the United States] really stands out. The middle finger anchors every function that the hand performs and is the key to all of the fingers working together efficiently and effectively. This is a really good thing, and has given the U.S. a leg-up in global business since the end of World War I.

However, if used inappropriately --just like the U.S. itself-- the middle finger can convey a negative message and get us in trouble. You know what I'm talking about. In fact, I suspect you're hoping that I'll demonstrate what I mean. And trust me, I'm not looking for volunteers to model.

Discretion being the better part of valor...I think I'll pass.

What is most crucial to my analogy of the five fingers as the five major continents, is that each of us in the U.S. --the long middle finger-- must be careful that when we extend our arm in either a business or political sense, we take pains to assure we are giving a hand...not the finger. Sometimes this is very difficult. Because the U.S. --the middle finger-- sticks out so much, we can send the wrong message unintentionally.

Unfortunately, I think this is how the rest of the world looks at the U.S. right now. Not as a part of the hand --giving strength and purpose to the rest of the fingers-- but, instead, scratching our nose and sending a far different signal.

Here's the lady's half-assed apology:
Following my remarks to the graduating class of Columbia University's Business School in New York City, I have come to realize that my words and examples about America unintentionally depicted our country negatively and hurt people. I appreciate the honest comments that have been shared with me since then, and am deeply sorry for offending anyone. I love America unshakably - without hesitation - and am extremely grateful for the opportunities and support our great nation has always provided me.

Over the years I've witnessed and advised others how a thoughtless gesture or comment can hurt good, caring people. Regrettably, I've proven my own point. I made a mistake and, again, I'm very sorry.

Apology not accepted, babe. Mainly because i'm not, as she said, hurt or offended by her speech. Don't get me wrong, i think the lady hasn't the faintest idea what a great country she now lives in. Her viewpoint has been tainted by hanging around America-hating New York intellectuals. But what she sees as an American negative - the fact that we stick out, that the "world" thinks we're too arrogant - is actually a source of unabashed pride for me.

the finger

i believe in American exceptionalism. i don't think America needs to be more humble. If my country has ever flipped anyone off in the past, that's something i want to see more of. Look at the scoreboard. Was America "scratching its nose" with the middle finger when we saved the world from tyranny three times in one century? Like the song says, fuck yeah! Was it arrogance when our fifth president declared "hands off this hemisphere" to the superpowers of his day? Or when T.R. said "let's build that fucking canal!" (paraphrasing). Or when Jack promised we'd walk on the moon within the decade? Sure it was. And so what?

Egypt of the Pharaohs. Imperial Rome. Spain in the siglo de oro. Napoleon's France. Victoria's Great Britain. Name a superpower in history that hasn't been arrogant. You can't. Name a superpower that's done as much good in the world as America has in the last two centuries? You can't do that either.

We are different. We are better. And i'm sick and tired of our own people getting on a public stage and telling us we should bow and beg and be meek in front of the rest of the world. When was that ever an American trait? i hope it never is.

So let the America-haters and the timid intellectuals whine. Call me a jingoist, i won't be offended. i'm proud to be a flag waving, middle finger sticking, American.

p.s. All real Americans drink Coke anyways.

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May 18, 2005

Pet Peeve

If i hear someone use the phrase "up-or-down-vote" one more time, i think i'm going to scream. Is there any other kind of vote?

[Well, i guess in England it's a left or right vote. But still...]

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May 16, 2005

L.A. Mayor's Race

i don't live in L.A. anymore (though i hope to return after i graduate), but i'm apparently still on the voter list down there. Which is why i've received an email from none other than the next mayor of Los Angeles, Antonio Villaraigosa.

i've never received an email from a major politician before, it's kind of exciting. Here is what Tony (if i may call him that) wrote to me.

Dear Annika,

I love Los Angeles. It has already given me so much -- a strong education, a loving family, a lifelong career in public service.

That's why I have set out an ambitious new vision for LA, because I believe the Mayor must have a plan for the future. I want to build more schools for our children and reduce classroom sizes. I want to make Los Angeles safer and greener. I want to create better jobs for our workers, provide better health care and more affordable housing for our families, and develop a 21st Century transportation system for all of us.

I know this has been a tough and negative campaign, but I pledge on my first day in office to begin to bring our city together for real, positive change.

Los Angeles deserves a better Mayor. Someone with big dreams, bold ideas, and an ambitious vision for the future -- a strong leader with a proven record of accomplishment who will roll up his sleeves and work hard to fix our city's problems, large and small.

As Mayor, I pledge to work with you and all of our neighbors to build a better Los Angeles. But I need your help to do it.

I ask your vote on Tuesday, May 17th!

To make our city a better place, we must restore the people's trust in Los Angeles city government. After four long years of waste, fraud, and scandal, I am committed to cleaning house at City Hall and putting an end to the 'pay-to-play' system under Jim Hahn. Because let's be clear: Honesty and ethics at City Hall start at the top, with the Mayor.

I am proud to have received the endorsements of [blah blah blah...].

But today, I am asking you for the most important endorsement of all: your vote.

If you agree that we can and must do better in Los Angeles, I ask for your vote on Tuesday.

It's time to get Los Angeles back on the right track. And I am committed to doing just that. I pledge to you that I will work to bring all residents of our city together and solve the tough problems we face.

But I can't do it alone. I'm going to need your help, along with hundreds of thousands of our friends and neighbors, to get the job done. And it all starts on Election Day.

I look forward to working with you to build a better Los Angeles!

Sincerely,

Antonio Villaraigosa

i confess that i haven't followed the mayoral election in our beloved 2nd largest city very closely, mainly because i won't be voting in it. Something about a scandal and that the current mayor sucks eggs. Everybody piling on the Villaraigosa bandwagon. Whatever.

i hope he'll be a good mayor. L.A. has big big problems challenges, but it is a great town. i notice that transportation is at the end of the list in paragraph three, almost like it was an afterthought. To my mind, light rail should be the priority for the next mayor. Incredibly, nowhere in the email was there any mention of illegal immigration, a subject that seems to be on everybody's lips these days. Progress on that issue would take care of half the other problems he mentioned in that second paragraph.

Anyways, i hope the coronation goes well.

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May 15, 2005

Newsweek Death Toll Continues To Rise

CNN has a new partner in the ranks of journalistic infamy. Both news organizations have blood on their hands.

When i heard about this story, the first thing i thought was "even if it's true, why on earth would they publish that story?"

i admit that's an untenable position to take. Freedom of the press and all that rot. But true or not, the story was going to cost lives. Newsweek had to know that. Did that fact present even a minor speed bump to their rush to embarrass the hated United States?

Apparently not, since Newsweek has now apologized for publishing a lie.

Newsweek magazine on Sunday said it may have erred in a May 9 report that said U.S. interrogators desecrated the Koran at Guantanamo Bay, and apologized to victims of deadly violence sparked by the article.

The weekly news magazine said in its May 23 edition that the original source of the allegation was not sure where he saw the assertion that at least one copy of the Koran was flushed down a toilet in an attempt to get detainees to talk.

'We regret that we got any part of our story wrong, and extend our sympathies to victims of the violence and to the U.S. soldiers caught in its midst,' Editor Mark Whitaker wrote in the magazine's latest issue, due to appear on U.S. newsstands on Monday.

The report has sparked angry and violent protests across the Muslim world from Afghanistan, where 16 were killed and more than 100 injured, to Pakistan to Indonesia to Gaza.

On Sunday, Afghan Muslim clerics threatened to call for a holy war against the United States in three days unless it handed over the interrogators in question.

And yet people still criticize Fox News.

Biased journalism is not just annoying, not just wrong, not just unethical, sometimes it gets people killed.


Update: i shouldn't have complimented Fox News. Even they're sloppy. Reporting on the story this afternoon, Chris Wallace said that Newsweek's source had said he saw the alleged flushing incident, but then backed away from his story. Not true. The source actually told Newsweek's Michael Isakoff that the incident would be mentioned in an upcoming written report by military investigators. The source never saw any incident. He only saw a reference to an allegation of an incident in a report investigating a bunch of alleged incidents. As it turned out, the incident didn't make it into the final report. No matter, Newsweek went ahead with the story. Somewhere, Mary Mapes is probably smiling.

[cross-posted at A Western Heart]

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May 12, 2005

Just Curious

i'm perplexed.

How can Voinovich justify his opposition to Bolton by saying Bolton lacks "common decency" on the one hand -- then say he's met Bolton, likes Bolton, and that he believes Bolton is a "decent" man?

Just curious.

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April 23, 2005

Doug TenNapel Analogizes

Doug TenNapel analogizes a recent VDH column about the War on Terror with the current Senate filibuster fight.

Check it out. i think it's pretty brilliant.

And was that Doug's voice i heard on Friday's Hugh Hewitt show? If so, Doug, why didn't you use that opportunity to plug my blog? i thought we were friends.

Note to anyone calling any talk radio show in the future: plug my blog!

More: Re: the filibuster fight, i think the best pithy argument i've heard to date came from Zell Miller last night on Hannity and Colmes. i can't remember his exact words, so i'll re-state the argument in my own.

Question: How many votes does it take to confirm a judicial nominee in the Senate? Answer fifty-one.

Question: How many votes does it take to defeat a judicial nominee in the Senate? Answer forty-one.

Does that make any sense at all?

If you ask me, the filibuster rule is stupid and should be done away with in toto.

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April 18, 2005

In Case You Missed This Story

[T]hat's the critical error the insurgents made. They thought they could keep the Marines' heads down. But he gets back up.
Hell yah.

Three important lessons for the would-be terrorist, from this story:

1. This is why we shoot when a vehicle doesn't stop.

2. Terrorist attacks are becoming fewer in number, but sometimes reflect more sophisticated planning.

3. Marines will still kill their ass dead.

Knocked down by that blast, with bricks and sandbags collapsing on top of him, [Lance Cpl. Joshua] Butler struggled to his feet only to hear a large diesel engine roar amid the clatter of gunfire. It was a red fire engine, carrying a second suicide bomber and passenger. Butler says both were wearing black turbans and robes, often worn by religious martyrs.

Amid the chaos of that first bomb blast, supported by gunfire from an estimated 30 dismounted insurgents, the fire engine passed largely undetected on a small road that leads from town directly past the camp wall, according a Marine report.

'I couldn't see him at first because of the smoke. It was extremely thick from the first explosion,' Butler says. When the fire engine cleared the smoke, it was much closer than the dump truck had been.

As the driver accelerated past the 'Welcome to Iraq' sign inside the camp's perimeter, Butler says he fired 100 rounds into the vehicle. The Marines later discovered the vehicle was equipped with 3-inch, blast-proof glass and the passengers were wearing Kevlar vests under their robes.

Pfc. Charles Young, 21, also of Altoona, Pa., hit the fire engine with a grenade launcher, slowing its progress and giving Butler time to recover. Without breaching the camp wall, the driver detonated the fire engine, sending debris flying up to 400 yards and knocking Marines from their bunks several hundred yards away. Butler, less than 50 yards away, again was knocked down by the blast, which partially destroyed the tower in which he was perched. After he crawled for cover, a third suicide bomber detonated outside the camp. That blast caused no damage or injuries. Sporadic fighting continued for several hours.

Meanwhile, Cpl. Anthony Fink of Columbus, Ohio, 21, fired a grenade launcher that the Marine unit says killed 11 insurgents. The Marines' 'React Squad' swiftly deployed against the remaining insurgents.

'We were able to get the momentum back,' Diorio says. He also says that Husaybah townspeople later reported 21 insurgents dead and 15 wounded. No Marines were seriously hurt.

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April 11, 2005

Chewin' The Cud

i caught some of the John Bolton hearing today on CSPAN. i couldn't get over that brain trust we elected as our junior senator, Barbara Boxer. Of course her speechifying was ridiculous, that goes without saying. But when she wasn't on, Boxer seemed to be chewing continuously, like a fucking cow. Did anyone else notice this? She absolutely was not paying attention, and she kept looking around the room and working that cud, whatever it was. What an embarrassment to the State of California.

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March 31, 2005

Step One In A Move To CBS's Anchor Job?

Ted Koppel is leaving ABC.

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March 28, 2005

Some Extra Thoughts On The Controversy Du Jour

While i didn't agree with everything in this article by Andrew McCarthy of NRO, i did find the following passage persuasive:

In the PVS context, we are talking about a person’s own right to life. It doesn’t matter what we, individually or collectively, would want for ourselves. What matters is what, if anything, that person subjectively wanted — even if it doesn’t track our predilections. What matters is whether that person has considered and communicated those desires in an informed and reliable way. If she has, and PVS turns out both to be an appropriate basis to end life and actually to exist in the case at hand, we should not interfere in that choice if the state has made it available through surrogate action. If she hasn’t, we should be erring on the side of life, lest we inevitably venture further down this slope into even more ethically dubious takings of life.

As I have argued here, before the state may permit the termination of life in a PVS case, the guardian should be required to establish beyond a reasonable doubt* that the stricken person is in a PVS and that the stricken person evinced, in a knowing and intelligent way, a desire to be removed from sustenance if ever in a hopeless, incapacitated state. On the latter finding, we should encourage living wills to induce a person who considers and feels strongly about this choice to make her intentions clear. In the absence of such a living will, there should be a presumption that the person wants to live. It is life, not death, that our constitution protects.

There is a good argument that this should not merely be a presumption but a conclusion. On balance, however, I think we need to make reasonable allowances here, out of respect for the individual’s self-determination, out of the desire to minimize government intrusion into painful family matters, and out of the recognition that it would be unduly haughty to think ourselves capable of fashioning an unbending rule that will do justice in all conceivable situations — because we simply can’t conceive of all the situations that might arise in this area.
[emphasis added]

i believe, as other bloggers have commented, that there should be a sort of "statute of frauds" for end of life decisions. Contract law will not enforce the sale of land, unless the contract is in writing. The reason is that the subject of the contract, i.e. the specific parcel of land, cannot be replaced if the Court gets it wrong. Obviously, the same rationale applies to a person's life.
_______________

* The correct standard, in civil cases, would be "clear and convincing evidence." Which, i understand, was the standard used by Judge Greer in the Florida Court. Whether rightly or wrongly, well, that depends on whom you ask.

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March 20, 2005

Dura Lex Sed Lex

A commenter asked whether i was going to write about the Terri Schiavo case. i haven't yet because i don't know enough about the facts, and it's such a sad story i didn't want to think about it.

But this weekend, it's been hard to ignore the story.

There are so many issues, i find my opinions whipsawing back and forth. i'd rather say i don't have an opinion, and go back to enjoying my spring break. But i do have an opinion. Several opinions, as a matter of fact, and they aren't necessarily consistent. Nor am i comfortable with them.

Firstly, as background, i am Catholic. i oppose abortion for secular as well as religious reasons. There's a huge difference between the Schiavo case and the abortion issue, despite what the idealogues on both sides say. But since i'm pro-life, it's probably not surprising that when i look at the Schiavo case, i feel a great degree of sympathy for her parents' side.

Dura lex sed lex...

But i'm also profoundly uncomfortable with the legislative branch of the Federal government stepping in to oversee the ruling of a state court. That's my libertarian sensibility talking. My belief in federalism, the separation of powers, Jeffersonian democracy, the vision of our Founders. All that rot.

In 1904, Justice Oliver Wendell Holmes said "Great cases, like hard cases, make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment."1

This is both a "hard" case, and a "great" case. Great because the issues at stake are the most fundamental to which the law can be applied. Hard because no matter what happens, Terri Schiavo will die. So it must be for all of us. But in Terri's case, the law can influence the manner and timing of her death. And that's part of the problem.

Left to the judgment of the Florida Court, Terri Schiavo dies a lingering death of starvation sometime in the next week or so. Congress steps in (as they just did moments ago), and she may - repeat may - get to live out the rest of her life, bedridden, brain-damaged, and feeding from a tube through her stomach. Only to die from some other more "natural" cause.

Dura lex sed lex...

Who should decide how she dies, when Terri's own wishes were never recorded? Here the law is clear: her husband should. But what if her husband is an asshole, whose motivations are suspect? Should this "accident of immediate overwhelming interest" be allowed to distort the judgment that would normally keep the federal legislature from intervening in a state judicial matter just because it disagrees with the outcome of one particular high profile case?

Dura lex sed lex...

...which means: The law is hard, but it is the law. Watching the House debate tonight, i find myself in the unusual position of agreeing with many of the Democrats, as they take the floor to give impassioned speeches in support of the "rule of law." (Where were they when the issue was purjury, and no life was at stake?) Hard as the law may be, they say, should Congress change the law for the benefit of one single person? i ask myself the same question.

Dura lex sed lex...

But then i think, what law? What law indeed. Here's a law that inevitably must figure into this controversy:

nor shall any State deprive any person of life, liberty, or property, without due process of law2
The Schiavo case is like the execution of a human being, by means of starvation, based on the testimony of one person, her husband. And that one witness' credibility is tainted because of his own monetary and extra-marital interest in the death of his wife. Under those facts, doesn't due process of law demand that a Federal Court have jurisdiction over the federal question of her right to life and liberty under the U.S. Constitution?

And then i think, there is another, even greater law, that may also apply here. One which helps guide me through my own conflicted thoughts:

Thou shalt not kill.3
Michael Schiavo might not like that particular law. The Democrats who spoke tonight might not like it either. But they might do well to remember the maxim: Dura lex sed lex.

The law is hard, but it is the law.

i am not saying that we should subordinate the civil law to the religious, like they do in Iran. i am not in favor of a theocracy. But this is a case about morality as much as it is about the rule of law. We have to be guided by moral principles as well as legal ones.

Talmudic and Christian scholars tell us that there are situations in which it may be moral to kill, or at least not immoral. This indeed may be one of those situations. All i'm saying is let's make sure. Ideally, i wish the court would order those diagnostic tests that her husband has refused to allow.

At the very minimum, i think the procedural rush to euthanize her should be slowed down. So, despite my public policy concerns about federal intervention, i do think that the uncertainty of the situation demands the same opportunity for federal review of her due process rights that a death penalty case would receive.

Update: There's an interesting discussion of the federalism issue by an expert on the subject, Ann Althouse. She quotes today's WSJ editorial, which reminds me that perhaps i should have cited the fourteenth, not the fifth amendment, supra. i have made the correction. Hey, at least my blue book cites were good.
_______________

1 Northern Securities Company v. United States, 193 U.S. 197 (1904)(Holmes, J., dissenting).

2 U.S. Const. amend. XIV § 1. Section 5 of this amendment states that "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." Bingo.

3 Exodus 20:13 (King James).

[cross-posted at A Western Heart]

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March 15, 2005

Kerry Can't Figure It Out

A Kerry quote from his February 28, 2005 Distinguished American Award fête at the JFK Library:

A lot of the mainstream media were very responsible during the campaign. They tried to put out a balanced view, and they did show what they thought to be the truth in certain situations of attack. . . . But it never penetrated. And when you look at the statistics and understand that about 80 percent of America gets 100 percent of its news from television, and a great deal of that news comes from either MTV, Jon Stewart, Bill Maher, Jay Leno, David Letterman, you begin to see the size of the challenge. . . . And so I don't have the total answer. I just know it's something that we've really got to grapple with.
As P. J. O'Rourke pointed out, MTV, Jon Stewart, Bill Maher, Jay Leno and David Letterman weren't exactly hurting Kerry's campaign, yet he still came up short.

i guess what Kerry was trying to say was that he couldn't get his message out. Of course it couldn't have been the message itself. No way. Not that.

Hat tip to Roscoe.

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March 08, 2005

The President's Remarks At Fort Lesley J. McNair

When Tony Pierce interviewed me last month, i criticized the president for "his maddening inarticulateness" and his administration for its "horrible job of articulating the argument for war."

So today, i was pleased to hear the President's remarks to the National Defense University at Fort McNair. The speech covered subjects that the President has emphasized often, and unfortunately it's not getting the attention it deserves. It was a historic speech, and deserves to be considered among this presidentÂ’s finest. i think the president explained our foreign policy today with more clarity and less defensiveness than he has ever done until now.

The theory here is straightforward: terrorists are less likely to endanger our security if they are worried about their own security. When terrorists spend their days struggling to avoid death or capture, they are less capable of arming and training to commit new attacks. We will keep the terrorists on the run, until they have nowhere left to hide.
ThatÂ’s the short term strategy, and its efficacy should be obvious by now.

During the presidential campaign season, i often tried to point out that Bush had the only long term strategy for keeping America safe. Kerry wanted to hunt down Osama, but it was clear to me that eliminating one man was not going to prevent future attacks. Only changing the Middle East could do that. Bush made that point beautifully today.

Our strategy to keep the peace in the longer term is to help change the conditions that give rise to extremism and terror, especially in the broader Middle East. Parts of that region have been caught for generations in a cycle of tyranny and despair and radicalism. When a dictatorship controls the political life of a country, responsible opposition cannot develop, and dissent is driven underground and toward the extreme. And to draw attention away from their social and economic failures, dictators place blame on other countries and other races, and stir the hatred that leads to violence. This status quo of despotism and anger cannot be ignored or appeased, kept in a box or bought off, because we have witnessed how the violence in that region can reach easily across borders and oceans. The entire world has an urgent interest in the progress, and hope, and freedom in the broader Middle East.

. . . By now it should be clear that authoritarian rule is not the wave of the future; it is the last gasp of a discredited past. It should be clear that free nations escape stagnation, and grow stronger with time, because they encourage the creativity and enterprise of their people. It should be clear that economic progress requires political modernization, including honest representative government and the rule of law.

. . .

Across the Middle East, a critical mass of events is taking that region in a hopeful new direction. Historic changes have many causes, yet these changes have one factor in common. A businessman in Beirut recently said, ‘We have removed the mask of fear. We're not afraid anymore.’ Pervasive fear is the foundation of every dictatorial regime -- the prop that holds up all power not based on consent. And when the regime of fear is broken, and the people find their courage and find their voice, democracy is their goal, and tyrants, themselves, have reason to fear.

During my interview, i also tried to explain an often overlooked aspect of Bush’s foreign policy. i said: “For years, the US was criticized for propping up dictators to further our own national interest, especially in Central and South America. And these dictators were bad men, but they were our bad men. . . . Now the US is not propping up friendly dictators [anymore]; instead we try to bring friendly democracies to the places we need them. i think that's a step in the right direction. As long as we're messing in other people's business, it's better that we're no longer putting in dictators”

HereÂ’s how President Bush acknowledged that very important, and welcome, shift in our foreign policy:

The advance of hope in the Middle East also requires new thinking in the capitals of great democracies -- including Washington, D.C. By now it should be clear that decades of excusing and accommodating tyranny, in the pursuit of stability, have only led to injustice and instability and tragedy. It should be clear that the advance of democracy leads to peace, because governments that respect the rights of their people also respect the rights of their neighbors. It should be clear that the best antidote to radicalism and terror is the tolerance and hope kindled in free societies. And our duty is now clear: For the sake of our long-term security, all free nations must stand with the forces of democracy and justice that have begun to transform the Middle East.
The Bush administrationÂ’s abandonment of Cold War style foreign affairs -- where any sonofabitch was okay as long as he was our sonofabitch -- is something that should have endeared the left to President Bush, if not for their own blind hatred of anything Republican. But no matter. Our president is committed to the spread of friendly democracies rather than simply installing friendly dictatorships (which were historically easier to create) because it is the right thing to do, not because it will win him any popularity contests. Here, the president reminded his audience that staying on this difficult and urgent task will not always be easy.
Encouraging democracy in that region is a generational commitment. It's also a difficult commitment, demanding patience and resolve -- when the headlines are good and when the headlines aren't so good. Freedom has determined enemies, who show no mercy for the innocent, and no respect for the rules of warfare. Many societies in the region struggle with poverty and illiteracy, many rulers in the region have longstanding habits of control; many people in the region have deeply ingrained habits of fear.
He might have added that the enemies of freedom are not limited to certain “rulers in the region.” i can think of quite a few naysayers in Europe and right here at home who suffer from “deeply ingrained habits of fear,” which prevent them from seeing the truly revolutionary nature of President Bush’s foreign policy.
We know that freedom, by definition, must be chosen, and that the democratic institutions of other nations will not look like our own. Yet we also know that our security increasingly depends on the hope and progress of other nations now simmering in despair and resentment. And that hope and progress is found only in the advance of freedom.

This advance is a consistent theme of American strategy -- from the Fourteen Points, to the Four Freedoms, to the Marshall Plan, to the Reagan Doctrine. Yet the success of this approach does not depend on grand strategy alone. We are confident that the desire for freedom, even when repressed for generations, is present in every human heart. And that desire can emerge with sudden power to change the course of history.

. . . Those who place their hope in freedom may be attacked and challenged, but they will not ultimately be disappointed, because freedom is the design of humanity and freedom is the direction of history.

Lofty words, but i think the perspective of history will see them backed up by concrete results.

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March 02, 2005

MoveOn.org's Losing Streak

Rolling Stone has a good article regarding the ineffectiveness of those arrogant jerks at MoveOn.org. Here are the highlights:

They signed up 500,000 supporters with an Internet petition -- but Bill Clinton still got impeached. They organized 6,000 candlelight vigils worldwide -- but the U.S. still invaded Iraq. They raised $60 million from 500,000 donors to air countless ads and get out the vote in the battle-ground states -- but George Bush still whupped John Kerry. A gambler with a string of bets this bad might call it a night. But MoveOn.org just keeps doubling down.

. . .

Moveon is guided by a tiny, tightknit group of leaders. There are only ten of them, still deeply committed to the Internet start-up ethos of working out of their homes and apartments in better-dead-than-red bastions such as Berkeley, California, Manhattan and Washington, D.C. For a political organization that likes to rail against 'the consulting class of professional election losers,' MoveOn seems remarkably unconcerned about its own win-loss record. Talk to the group's leadership and you won't hear much about the agony of defeat.

. . .

But some insiders worry that putting left-wing idealists in charge of speaking to the center seems about as likely to work as chewing gum with your feet. 'There's a built-in tension between the views of people who are part of MoveOn and contribute to it, and the people they're trying to reach,' says Ed Kilgore of the centrist Democratic Leadership Council.

. . .

If speaking to the center was MoveOn's goal, 'they failed miserably,' says Greg Strimple, a media consultant who advised the Senate campaigns of three GOP moderates. 'None of their ads had an impact on the center electorate that needed to be swung.' If the group's leadership saw anything broken with its advertising during the campaign, though, it shows no signs of fixing it. In a rush to get its new Social Security ad on the air, MoveOn didn't even test it.

The ad, which depicts senior citizens performing manual labor, was not only paid for by MoveOn members but was also created by them. This kind of closed feedback loop is indicative of a larger problem: the group's almost hermetic left-wing insularity. 'We don't get around much,' acknowledges Boyd. 'We tend to all stay in front of our keyboards and do the work.'

. . .

So who is MoveOn? Consider this: Howard Dean finished first in the MoveOn primary. Number Two wasn't John Kerry or John Edwards -- it was Dennis Kucinich. Listing the issues that resonate most with their membership, Boyd and Blades cite the environment, the Iraq War, campaign-finance reform, media reform, voting reform and corporate reform. Somewhere after freedom, opportunity and responsibility comes 'the overlay of security concerns that everybody shares.' Terrorism as a specific concern is notably absent. As are jobs. As is health care. As is education.

There's nothing inherently good or bad in any of this. It's just that MoveOn's values aren't middle-American values. They're the values of an educated, steadily employed middle and upper-middle class with time to dedicate to politics -- and disposable income to leverage when they're agitated. That's fine, as long as the group sticks to mobilizing fellow travelers on the left. But the risks are greater when it presumes to speak for the entire party.
[emphasis added]

Far-left voices like MoveOn, in my opinion, will continue to influence the party until what will become known by Democrats as "the disastrous midterms of 2006." Then, hopefully some sanity will return to the party of FDR, and they'll kick these freakos to the curb.

Or not.

Update: Brittany weighs in with her own opinion of Rolling Stone:

I think the same guy who does Rolling Stone does Us Weekly. He's this big old fat man.
Brilliant.

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March 01, 2005

Sheets Bird Addresses The Fubar Convention

The challenge: create a photoshop image that is even more freakin' disturbing than yesterday's Ward Churchil image.

Mission accomplished? i'll let you be the judge.

fubyrd.jpg

That's pretty ugly, but not as ugly as what he said on the floor of the Senate today, when he equated Senate Republicans with Hitler. Radio Blogger has the details.

Bird has completely lost his senses. How ironic for a Klansman to be lecturing on Nazism. At least he knows his subject.

By the way, i fully support this idea. If it's good enough for our stamps and money, it's good enough for West Virginia.

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