Man Without Qualities |
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"The truth is not a crystal that can be slipped into one's pocket, but an endless current into which one falls headlong."
Robert Musil
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Wednesday, August 24, 2005
No (Coherent) Limits
The Wall Street Journal reports: In a book slated for release next month, Justice Breyer -- among the more liberal members of the court -- gives a detailed insight into his philosophy of deciding cases, namely that the Constitution should be viewed in light of its overarching goal, which he sees as creating a participatory, democratic society. In the process, he offers a rejoinder to a longtime intellectual opponent, Justice Antonin Scalia, who advocates "originalism," or a more literal interpretation of the Constitution's meaning at the time of its writing. ... Justice Breyer's "Active Liberty" contends that judges can undercut the democratic system the Constitution's Framers sought to build if they adhere too literally to legal text and disregard the "real world" consequences of the decisions they render. Doesn't that sound nice? I'm so anxious to read Justice Breyer's book, because he sounds like a man who really wants to get big things done right now. And nothing could be more consistent with creating a participatory, democratic society than creating a United States Senate whose Senators are allocated among the states in proportion to their populations! Allocating just two Senators to both California (population about 35 million) and Wyoming (population under 1/2 million) is utterly inconsistent with creating a participatory, democratic society, since under the present system each Wyoming voter has seventy times as much representation in the Senate as does each California voter. Yep, I can hardly wait to read "Active Liberty." There's always the chance that the Wall Street Journal misunderstood which document Justice Breyer is construing in his book. It was the Port Huron Statement (1962) of the Students for a Democratic Society, not the Constitution, that presented a vision of a movement to establish “participatory democracy.” Some might say that there was lots of "Active Liberty" in that group - although "Active License" better carries the meaning. (1) comments Monday, August 22, 2005
The Most Important Export Of The United States III
The Man Without Qualities has noted (here and here) that political risk appears to be vastly underplayed as a determining element in the continuing US trade deficit, and in the corresponding continuing willingness of foreigners (especially in China, recently ) to finance those deficits. The situation has, in my opinion, reached the point where the main export of the United States should be properly considered to be political risk insurance. The interested reader may wish to consider a thought experiment and imagine that he or she is a very wealthy Chinese businessman considering whether to keep more wealth in China, or whether to acquire additional American securities or currency. While holding that exotic thought, the reader may also wish to peruse this item from Agence France-Presse,brought to our attention by James Taranto: China's rapidly widening income gap has reached dangerous levels, risking social instability by 2010 if the present trend continues, a government report warns. "China's growing income gap is likely to trigger social instability after 2010 if the government finds no effective solutions to end the disparity," the Ministry of Labour and Social Security warned in the China Daily. Su Hainan, president of the ministry's income research institute, found income disparity in China had reached the crucial "yellow" stage--the second most serious in a scale of four defined by the institute. The situation would deteriorate to the most dangerous "red" stage in 2010 if no effective measures were taken within the next five years, he said.After reading this article, does the reader fell a strong inclination to obtain and hold more (1) Chinese assets or (2) American currency and securities? Think hard and fast now. The clock is ticking. (1) comments Thursday, August 18, 2005
Please Leave Her Alone, And Allow Her Son To Rest In Peace
From a Wall Street Journal comment by the father of an American soldier who fell in Iraq: By all accounts Spc. Casey Sheehan, Mrs. Sheehan's son, was a soldier by choice and by the strength of his character. I did not have the honor of knowing him, but I have read that he attended community college for three years and then chose to join the Army. In August 2003, five months into Operation Iraqi Freedom and after three years of service, Casey Sheehan re-enlisted in the Army with the full knowledge there was a war going on, and with the high probability he would be assigned to a combat area. Mrs. Sheehan frequently speaks of her son in religious terms, even saying that she thought that some day Casey would be a priest. Like so many of the individuals who have given their lives in service to our country, Casey was a very special young man. How do you decry that which someone has chosen to do with his life? How does a mother dishonor the sacrifice of her own son?Cindy Sheehan does not seem a bad person. I tremble to think what might happen to me if I lost one of my sons. I tremble in part from concern that I might thereby become as uncentered as Mrs. Sheehan has become - and as a consequence dishonor my son's memory as she dishonors her son's memory. And above all I pray that if what befell Mrs. Sheehan's son should ever befall mine, at least I not be goaded to further grief-drenched flailings by a crowd of smirking, cannibalistic politicians such as John Conyers and Maxine Waters, and opportunistic media thugs including Maureen Dowd, who have done such disservice to Cindy Sheehan. UPDATE: David Gelernter: The news media have done Cindy Sheehan no favor. They only let a grief-stricken mother embarrass herself; it has been painful to watch. (0) comments Friday, August 05, 2005
Notes And Letters From Far Flung Correspondents: The French Army
This just in by urgent e-mail from a friend In light of the recent security alerts in London, the French government has announced within the last hour that it has raised its terror alert level from 'Run' to 'Hide'. The only two higher levels in France are 'Surrender' and 'Collaborate'. The rise comes only days after a fire which destroyed France's only white flag factory, effectively paralyzing the nation's central military capability. (0) comments Tuesday, August 02, 2005
Catholics On The Court
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John Roberts is a Catholic, and that is an issue for some people. Catholicism was an issue for a lot of people in the United States in the 1850's, when the Know-Nothings were riding pretty high. But shortly before the Know Nothings, in 1836 to be exact, Roger Taney became the very first Catholic to serve on the United States Supreme Court. He was appointed as its Chief Justice by President Jackson. It was about 60 years until another Catholic joined the Court, so the Know Nothings may have had quite an effect. Taney served until 1864 - and was the author of the majority opinion in the notorious Dred Scott case, which helped to ignite the Civil War. Dred Scott was decided in 1857, the same year in which Taney's wife and youngest daughter died of yellow fever. Most historians of the Court agree that Taney is one of the Court’s great Justices, despite having authored that opinion. If John Roberts is confirmed he will be the 10th Catholic to sit on the Supreme Court. The others are: Roger Taney, chief justice 1836-1864 Edward White, 1894-1921; chief justice 1910-1921 Joseph McKenna, 1898-1925 Pierce Butler, 1923-1939 Frank Murphy, 1940-1949 William Brennan Jr., 1956-1990 Antonin Scalia, 1986-present Anthony Kennedy, 1988-present Clarence Thomas, 1991-present [converted after joining the Court] If Mr. Roberts is confirmed, 40% of all of the Catholics who have ever served on the Court will be probably be serving simultaneously on the day he takes his oath of office.
Journalistic Curiosities
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Writing in OpinionJournal's Political Diary, a daily e-mail service not available on the net, John Fund perceptively notes: It's a safe bet that the kind of story that Washington journalists cover least well is one in which they play a starring role. That helps explain why the reporting in the Valerie Plame scandal has been so myopic and limited ... What's more, the audience is left with the suspicion that many journalists "reporting" on the scandal know more of the truth than they're telling their readers and viewers. .... Isn't it about time that the Beltway media turn ever so slightly away from their obsession with Karl Rove and ask a few questions about journalists involved in the Plame story who are not named Robert Novak?I completely agree. Such questions should be asked, and with a very healthy and heavy dose of skepticism directed at such Nonvaks. Currently, the audience is not left just with the suspicion that many journalists "reporting" on the scandal know more of the truth than they're telling their readers and viewers. The audience, if it is paying attention, is left with the impression that many of those same reporters are employing seriously misleading language and playing cute rhetorical games, starting with TIME magazine's Matt Cooper (see here and here and here, for example). New York Times Executive Editor Bill Keller has been laughably elliptical and disingenuous in discussing his reporter, Judith Miller. And what is known about the Plame affair suggests strongly that Washington reporters routinely grossly exaggerate the extent of their nameless leaks. A single "I've heard that, too," seems to effortlessly become "Senior White House sources noted ..." And there's worse. Remember Howard Fineman's central role in the Plame matter? I can hardly remember myself. But as I noted not so long ago, a 2003 Web article by Howard Fineman purported to provide some backstory for the Plame affair explain why the White House might have considered it particularly significant that Wilson's wife worked for the CIA: I am told by what I regard as a very reliable source inside the White House that aides there did, in fact, try to peddle the identity of Joe Wilson's wife to several reporters. But the motive wasn't revenge or intimidation so much as a desire to explain why, in their view, Wilson wasn't a neutral investigator, but, a member of the CIA's leave-Saddam-in-place team.Have we heard much of Mr. Fineman's "inside story" or his theory or of him in the Plame matter recently? How about his book deal - since he has the "inside scoop?" How about the White House "aides"(note the plural)? Has Mr. Fineman disgorged his infomation to the special prosecutors or is he now sharing a cell with Judith Miller for refusing to do so with Newsweek's support? Answer: None of the above. All of which strongly suggests that Mr. Fineman knew and knows nothing special. [UPDATE: More possible disingenuousness from the Nonvaks is noted by Kausfiles (channelling Maguire): [Tim] Russert may have gone beyond simply remaining silent and actually misdirected the public, allowing NBC to suggest, with its Luskinesque denial, that he didn't tell Libby anything about Plame.More reasons why parsing Mr. Russert's casual offerings (or those of Messrs. Cooper or Fineman) is a waste of time. If one wants to make something of Mr. Russert, place him under the journalistic equivalent of an oath and ask close, precise questions in a context in which he cannot later claim he was "speaking informally" or the like. Of course, before Bill Clinton ran for president the particular brand of skepticism being practiced here by Kaus/Maguire wasn't even thought necessary. In the years B.C. (Before Clinton) the mainstream media did not broadly consider "misleading by material omission" of a type prohibited in the public securities context by SEC Rule 10-b-5 to be acceptable, clever and even "brilliant" in the national political context. But the mainstream media got very comfortable with accepting and advancing such manipulative devices in its coverage of Mr. Clinton and his people. Now the mainstream media includes some of the major practitioners of the dark art among it's top Washington reporters, editors and columnists! Charming.] Mr. Fund is right on target. And there is a second-order conclusion that derives from his analysis: Carefully collecting and analyzing the fine structure of what is being reported about the Plame/Rove/Wilson matter is a fool's errand unless one enjoys sniffing red herrings willfully dragged across one's path by journalists involved in the Plame story who are not named Robert Novak (Nonvaks). For example, some quite reasonably ask whether Plame "authorized" her husband's Niger trip or merely "suggested" it - but then go to Nonvak transcripts and articles for answers or evidence. Please. Lots more of that kind of labor is being performed. The laborers should save the time, memory chips and bandwidth. It would be more profitable and productive to sip a margarita by the pool.
Harry Reid And The Chamber of Secrets
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One could do worse than to read the extensive New Yorker magazine article on the life and hard times of Senate Minority Leader Harry Reid and contemplate how it came to be that such a remarkable man, almost a unique man, has assumed such a starring role in the Democratic Party. Read the whole thing, but here are some choice passages: Yes, it's a remarkable man, almost a unique man, that the Democrats of the Senate have chosen as their leader. How many United States Senators have physically beaten their future father in law to the ground? - or physically struck any relative? - or wanted to kick their own well-wishers in the shins? How many Senators who have lost a brother to alchoholism have only been seen by one of their closest aides to cry at the death of a boxing coach and political mentor? How many law school students think their dean has an obligation to bail a student out of the consequences of a failed auto transmission? How many Senators take violent exception to something that appeared on the competing party's web site right to the President, and then not bother to check to see if the offending passage is deleted - while continuing to complain to reporters about it? How many Senators could dismiss an entire class of judicial nominees as "all unqualified", even though many of them received "well qualified" ratings from the leftish ABA? How many Senators repeatedly call a president a "liar," including for merely taking a decision that the president says is based on "sound science" - without citing a shred of evidence that the president didn't believe that? And how many Senators who say they are O-so-interested in judicial precedent don’t know that the Supreme Court has squarely articulated in its own opinions the standards it follows (or at least says it follows) in considering whether it should overturn one of its own precedents? (Contrary to Sen. Reid’s apparent understanding, the Court’s standards – as set forth in the Court’s own precedent - are not the same for every type of precedent.) While the story is not yet completely told, it now looks as though Mr. Roberts will be confirmed, much to the frustration of most activist Democrats. And it also looks as though the Gang of Fourteen agreement will play a significant role in assuring that confirmation - and, most likely, future Bush appointments to the Supreme Court, too. So Harry Reid seems not to have done so well in that deal, after all - although he worked for it behind the scenes. Yes, it's a remarkable man, almost a unique man, that the Democrats of the Senate have chosen as their leader. Vain, violent, ignorant, insecure, vindictive, small minded, corrupt, emotionally bitter and incoherent, ineffective, insightless and unwilling or unable to suppress his own petty feelings for the good of the nation or his colleagues. A man who seems to believe that the world owes him a living and hasn't yet paid out enough in dividends and interest. Why did the Senate Democrats elevate him to be their leader? That's a secret; and that would be telling. (1) comments Monday, August 01, 2005
The Times, They Have A-Change-ed (I Think)
An astute reader e-mails about this correction by the New York Times to an earlier Times story that included a nasty quote from an unnamed source. The correction includes this bizarre assertion: The Times's policy does not permit the granting of anonymity to confidential news sources "as cover for a personal or partisan attack." In fairness the quotation should not have appeared.My astute reader observes: Is it possible to name one leak in the Times which doesn't fit one of these two rubrics? Oh, sure, the occasional whistleblowing saint, of course, but those never get The Times in hot waterÂ? only "personal or partisan attack[s]."Can it be that the Times really fails to understand that the nameless leaks it exploits - especially in the political arena - are overwhelmingly provided by people engaged in a "personal or partisan attack?" How witless can the Timespeople be? Aside from understanding that its supposed "policy" is hugely honored in the breech, the Times shouldn't care if a nameless leak is motivated by a "personal or partisan attack" in the first place. Such a motivation may be grounds for requiring extra verification of the leaker's assertions. But the Times should be in the business of broadly reporting facts and news because that is what the Times leads its readers to believe the Times is in fact doing. If some newsworthy fact happens to be lobbed into the Times' possession as part of a nameless "personal or partisan attack," and that fact can be adequately substantiated, then I say - and the Times' readers expect that - laissez les bon temps rouler! For example, Mark Felt, aka "Deep Throat," is widely believed to have been motivated by a desire to launch a really nasty "personal and partisan attack" - but just as widely believed to have benefitted the country with his unattributed information stream. But the Times' says its alleged "policy" would prevent it from including Mr. Felt's contribution unless he had agreed to be named. Who at the Times is writing this stuff? In sum: It appears that the Times fails to understands its own policy, its own business and its own readership. Trifecta. It is unceasingly amazing just how lacking in insight and self-understanding the Times has become. I have to believe that at some point in the past the people running the Times were actually aware of what they were doing when they built the paper into a hugely influential machine. But that time has long past. The current crop of Timespeople resembles some bizarre version of Eloi and Morlocks. MORE (AND A LITTLE DIFFERENT): From Hoystory. (0) comments
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