Wednesday, April 1, 2009

 

The Function of the Office of Legal Counsel

More on the Holder overruling of the OLC. The Washington Post reported

In deciding that the measure is unconstitutional, lawyers in the department's Office of Legal Counsel matched a conclusion reached by their Bush administration counterparts nearly two years ago, when a lawyer there testified that a similar bill would not withstand legal attack.

Holder rejected the advice and sought the opinion of the solicitor general's office, where lawyers told him that they could defend the legislation if it were challenged after its enactment....

Through a spokesman, Holder portrayed the basis for his override of the OLC ruling as grounded in law, not politics.

"The attorney general weighed the advice of different people inside the department, as well as the opinions of legal scholars, and made his own determination that the D.C. voting rights bill is constitutional," Matthew Miller said. "As the leader of the department, it is his responsibility to make his best independent legal judgment, and he believes that although there are reasonable arguments on both sides of the issue, ultimately the bill would constitutionally grant D.C. residents a right to elect a voting representative in Congress."

I finally found a leftwing comment on this. Mark Tushnet says that Holder has not taken any formal, legally binding, action, yet and the bill hasn't passed either, so nothing has happened.

It seems Tushnet is wrong, though. It is true there is not action yet, but that is like saying the "torture memo" was unimportant because when it was issued, no actual interrogation had occurred yet. What Holder has said is that for any DOJ action that depends on the legal question of whether the DC bill is unconstitutional, he is overruling the OLC and the Department is to act as if the bill is constitutional.

A VC comment of mine on AG Holder's decision to back the DC Representation bill in court:

This is of course a much clearer case than in the Bush Administration of the top political leaders overruling the civil service lawyers on a legal stance. So I hope the people who objected to John Yoo's stance call for AG Holder's disbarment even more strongly.

As for myself, though, I find it appalling that anyone thinks the civil service lawyers ought to be making these decisions instead of the elected leaders. The OLC is just a bunch of staffers (mostly civil service staffers-- i.e., lawyers who couldn't get better jobs and who probably have strong ideological preferences). Staffers are supposed to give their best technical expertise to the organization leader, who then makes the actual decision-- in this case, What Shall the Executive Branch's Position be on the DC Bill? I do think the bill is blatantly unconstitutional, but I didn't get elected President and I'm not on the relevant court. I say: Let Holder and Obama defend the position they want in court. And the opinion of his staffers should not be admissible there.

Labels: , , , , , ,

 

To view the post on a separate page, click: at (the permalink).

Wednesday, March 11, 2009

 

Think Tank Purposes, Left and Right: "more of an echo chamber of Heritage"

Jonah Goldberg :

[T]his is what you get when you copy the form of, say, the Heritage Foundation, without actually understanding the function. Places like the Center for American Progress ( allegedly "the liberal Heritage Foundation)" were explicitly created to mimic what self-styled progressives believe to be the vast rightwing conspiracy (It was the same agenda that brought us Air America). In one sense, they were great at mimicking all this stuff, but like the aliens in Galaxy Quest they lacked a certain level of understanding of how this stuff works internally to these organizations. For instance, they don't seem to understand that the purpose of institutions like the Heritage Foundation is to make the White House and Congress more of an echo chamber of Heritage, not the other way around.

Labels: , , ,

 

To view the post on a separate page, click: at (the permalink).

Tuesday, March 10, 2009

 

Informing Menendez about the Cuba Policy

Not the first example of amazing Obama Administration political stupidity, but a particularly clear one:

Menendez knew that his hard-line approach to Cuba was a minority view within his party, and that it was at odds with Obama's approach. But he did not expect to discover a significant policy change embedded in the text on an appropriations bill. His policy aides came across the language when the legislation was posted on a congressional Web site.

"The process by which these changes have been forced upon this body is so deeply offensive to me, and so deeply undemocratic, that it puts the omnibus appropriations package in jeopardy, in spite of all the other tremendously important funding that this bill would provide," the enraged son of Cuban immigrants said last week on the Senate floor. Menendez even slapped a hold on a pair of Obama nominees to draw attention to the issue.

It isn't playing by the rules to try to hide Cuba policy in a money bill from members of your own party, and isn't smart to do it when you're sure to be caught. Not only is it rude, but it implies that Obama doesn't care about his own senators' careers: he wanted Menendez to vote for the bill and only then find out his political survival was at risk.

What Obama should have done was realize that Menendez would dislike the new policy and tell him in advance that it was coming, and perhaps make a deal with him. The stupidity and rudeness is in not informing him at all.

Labels: ,

 

To view the post on a separate page, click: at (the permalink).

Monday, March 9, 2009

 

Saturday_Night_Live's Geithner Video

The Saturday Night Live Geithner save-the-economy-plan video is very good.

Labels: , ,

 

To view the post on a separate page, click: at (the permalink).

Thursday, March 5, 2009

 

Rush Limbaugh, Disliked Because He Is Not Partisan Enough

Jay Nordlinger in NR is good on Rush Limbaugh. One reason Limbaugh irritates people, I think, is precisely that he uses remorseless logic to rub it in when liberals go wrong. The other reason is that he uses humor. In both, he doesn't pull his punches when he decides to go after something, and he has far more substance than more timid pundits. Ann Coulter is much the same in her style, except that she is more pointed and sarcastic. Both are also really unconcerned about winning elections. It is actually the more partisan Republicans who can't stand them, because the partisans want to sound moderate so as to get swing voters. Also, the partisans think you should never criticize other Republicans.

One thing Rush has always been happy to do is engage with ideas.

Are his critics willing to engage with him? Or just sneer and resent?

Rush has had a considerable influence on people, for the good, I believe. In my time at National Review, I’ve interviewed a lot of young people, for jobs — internships and junior editorships. And I often ask how they became a conservative (presuming they are). And a good many people have said — sometimes sheepishly — “I listened to Rush Limbaugh.” And a good many of those have said, “I listened to Rush behind my parents’ back.”

Are these dumb kids who hate books and long to join up with the Klan? Not on your life — they are among the fanciest: Ivy Leaguers, brainiacs, world-beaters.

Labels: , , , , ,

 

To view the post on a separate page, click: at (the permalink).

Monday, March 2, 2009

 

Blacks and the Right to Vote

Via Prof. Rapaport at Right Coast, I find that Missouri Senator Henderson said during the 14th Amendment debates:

It is only where political power is in the hands of a favored few that oppression can be practiced. It is only where oppression exists that the agents of a superior power are needed for protection. Give the negro the ballot and he will take care of himself because his interest requires it. Give him a bureau agent and he will sometimes be plundered, because his interest and the interest of the agent may differ.

Labels: , , , ,

 

To view the post on a separate page, click: at (the permalink).

Friday, February 27, 2009

 

Nonbinding Ballot Propositions

It would be useful to allow politicians to put nonbinding referenda on election ballots. Something like this: The majority and minority party leader may each put 3 questions of 10 words or less on the ballot for YES/NO vote.

Labels: , ,

 

To view the post on a separate page, click: at (the permalink).

Wednesday, February 18, 2009

 

Pace Resolution Wrap-Up

I should have been prepared to blog on the Pace Resolution, but I wasn't, and I have to prepare for a presentation practice with my grad students in two hours. So I'll revise this post later. For now:

The Bloomington Faculty Council passed the Pace resolution criticizing the business school for inviting a general who (a) said homosexuality was immoral, and (b) enforced the military's don't ask/don't tell policy. The vote was 19 to 15, with many present not voting. I heard on the radio that a motion to table was rejected 14 to 21. The minutes of the February 17 meeting, which transcribe all the speeches of that day, are here. I see that 41 members were present, 3 were absent but had alternates present, and 20 were absent. Thus, of 64 members, 19 voted for the resolution, 15 were against, 10 voters present did not vote, and 20 members were absent.

I see this as a good outcome, if not the best. People are on record as being for or against university departments being able to invite speakers with conservative opinions. I was afraid that someone would make a motion to table the resolution, or just ask to withdraw it, and that professors torn between principle, politics, and timidity would welcome the chance to get out of the situation.

The February 4 meeting tentative BFC minutes have some of the arguments made. My November weblog post has lots more, from the first reading in that month. My Feb. 4 post has the first and second drafts of the resolution.

I should add my own letter to the BFC and the Kelley's school's letter later today. They talk about the substance of the resolution.

UPDATE My own opinions on the substance of the Pace resolution are in a letter I sent to the BFC on February 4. The Kelley School Academic Council sent a strong letter to the BFC on December 1, 2008

UPDATE: My own opinions on the substance of the Pace resolution are in a letter I sent to the BFC on February 4. The Kelley School Academic Council sent a strong letter to the BFC on December 1, 2008

Labels: , , , ,

 

To view the post on a separate page, click: at (the permalink).

Monday, February 16, 2009

 

Sticking in New Laws in Conference Committee

A great example from the Weekly standard:,good for G406:

One of many highlights of the stimulus bill the Democrats just rammed through Congress is $8 billion for high-speed rail. What makes this appropriation special is that there was no money for high-speed rail in the original House legislation. The Senate bill had $2 billion. The legislation coming out of conference "compromised" on $8 billion.

How did this happen? Well, some of that $8 billion, as the Washington Post reported Friday, seems intended for "a controversial proposal for a magnetic-levitation rail line between Disneyland, in California, and Las Vegas, a project favored by Senate Majority Leader Harry M. Reid (D-Nev.). The 311-mph train could make the trip from Sin City to Tomorrowland in less than two hours, according to backers." Reid of course played a major role in putting together the final bill.

Labels: , ,

 

To view the post on a separate page, click: at (the permalink).

Friday, February 13, 2009

 

The Secret Stimulus Bill

Update, 2:45p.m. I finally did successfully download a searchable pdf file of Part A of the bill. It's from the Appropriations Committee website-- the Speaker's website still doesn't work. I've posted part A on my website, at http://Rasmusen.org/t/2009/Recovery_Bill_Div_A.pdf. It's surprising how sloppy the Congressional staff is. The file has lots of text inserts and pencilled in corrections, and no overall page numbers. And they had all night to pretty it up. Pelosi's office staff is not competent, if they're the ones who handled the drafting.

From Human Events:

“The American people have a right to know what’s in this bill,” Rep. Mike Pence (R-Ind) told HUMAN EVENTS after the press conference. “Every member of Congress -- Republicans and Democrats -- voted to post this bill on the internet for 48 hours, 48 hours ago. We’ll see if the Democrats keep their word.”

Actually -- as of 5:15 pm, the Democrats had broken their word. The stimulus bill -- which we still haven’t seen -- will be released late tonight and will be brought up on the House floor at 9 am tomorrow.

and
The following statement was released by Majority Leader Steny Hoyer at 4:57 p.m.:

"The House is scheduled to meet at 9:00 a.m. tomorrow and is expected to proceed directly to consideration of the American Recovery and Reinvestment conference report. The conference report text will be filed this evening, giving members enough time to review the conference report before voting on it tomorrow afternoon."

The Democrats finally made the bill's language available around 11 p.m. Thursday, approximately 10 hours before members meet Friday to consider the bill ...
and in another article later,
Democratic staffers released the final version of the stimulus bill at about 11 pm last night after delaying the release for hours to put it into a format which people cannot “search” on their home computers.

Instead of publishing the bill as a regular internet document -- which people can search by “key words” and otherwise, the Dems took hours to convert the final bill from the regular searchable format into “pdf” files, which can be read but not searched.

Three of the four .pdf files had no text embedded, just images of the text, which did not permit text searches of the bill. That move to conceal the bill’s provisions had not been remedied this morning at the time of publication of this article. (You can find the entire bill on the House Appropriations [http://appropriations.house.gov] website.)

From readthestimulus.org at 1:10 pm on Friday, the Human Events allegation seems to be true. I can't even download the files myself, either from the Speaker's office or the Appropriations Committee site.

The final language has been posted; you can find links to the various docs at the Speaker's website. Update: The speaker's website is apparently down. Imagine that. Docs are also available here.

The total size of the four major files is over 100MB, and consists of 1419 pages. Three of the four files are huge "scanned" PDFs, meaning they were created by printing the original document and then scanning it in again --- and therefore contain no real "text" that can be easily searched. This will make our parsing process difficult and more time consuming, so we most likely won't have our versions ready until midday tomorrow. But we'll see...

Labels: , , ,

 

To view the post on a separate page, click: at (the permalink).

Wednesday, February 11, 2009

 

Krugman, Barro, and Crook

Clive Crook wrote an FT column about economists blogging, citing Barro and Krugman as examples of economists who went to extremes. Part was this:

I had thought they would at least agree that raising trade barriers at a time like this must be a bad idea. Then I read Paul Krugman, Nobel laureate, Princeton professor, and New York Times columnist, explain that raising tariffs – though perhaps unwise for other reasons – “can make the world better off”. “There is a short-run case for protectionism,” he went on, “and that case will increase in force if we don’t have an effective economic recovery programme.” What are his readers to make of this? Are all the economists who say otherwise just wrong?

This impression of disarray – that economics has nothing clear to say on these questions – is not the fault of economics as such. It is a mostly false impression created by some of its leading public intellectuals, Mr Krugman among them.

Economics outside the academy has become the continuation of politics by other means. If you wish to know what Mr Krugman thinks on any policy question, do not read his scholarly writings; see which policies are advocated by the progressive wing of the Democratic party. Mr Krugman agrees with liberal Democrats about most things, and for the rest gives as much cover as the discipline of economics can provide – which, given its scientific limitations, is plenty. He does this even on matters where, if his scholarly work is any guide, the economics is firmly against his allies. Liberal Democrats are protectionists. Mr Krugman is not, but politics comes first.

The syndrome affects economists on the right as much as on the left. Just as there is a consensus among economists that protectionism should be opposed, most economists believe that a powerful fiscal stimulus is both possible and desirable in present circumstances, and that the best stimulus would include big increases in public spending. Yet recently, Robert Barro, a scholar with conservative sympathies, wrote in the Wall Street Journal that this view was an appeal to “magic”.

The problem is not that Mr Krugman questions the consensus on trade (if indeed he does), or that Mr Barro questions the consensus on fiscal policy (as he certainly does). It is that both set the consensus aside so carelessly. In doing so, these stars of the profession destroy the credibility of their own discipline. Mr Krugman gives liberals the economics they want. Mr Barro gives conservatives the same service. They narrow or deny the common ground. Why does this matter? Because the views of readers inclined to one side or the other are further polarised; and in the middle, those of no decided allegiance conclude that economics is bunk.

What is interesting is not that article (which is wrong on Barro, I think), but the responses of Professors Krugman and Barro. Mr. Crook displays the correspondence in The Atlantic. Barro and Crook had a polite exchange of emails discussing their disagreements. Krugman said,

Clive used to be a reasonable guy; in his mind he probably still is a reasonable guy. But he has misunderstood what it means to be reasonable. He now apparently believes that it means declaring, in all circumstances, that Democrats and Republicans are equally in the wrong, even if the Democrats are talking Econ 101 and the Republicans are being led by the crazy 36.

And it means hysterical attacks on yours truly for actually taking sides in this debate, with the ostensible basis for the denunciation being a wonkish blog post -- it says so in the title -- in which I acknowledge that there is a potential short-run argument for protectionism, while making it clear that I'm not in favor of acting on that argument. He doesn't actually take on my argument; he just insists that the only reason I might possibly have said anything like this is partisan bias, as opposed to an attempt to be intellectually honest.

That's interesting in itself. But now let us proceed to Paul Krugman's argument for protectionism.

Should we be upset about the buy-American provisions in the stimulus bill? Is there an economic case for such provisions? The answer is yes and yes. And I do think it’s important to be honest about the second yes.

So Krugman not only thinks that there is an economic case for buy-American, but that it's important to stress it. And while we should "be upset" about the buy-American policy, that's just an emotional response-- the "economic case" is in favor of it.

The economic case against protectionism is that it distorts incentives: each country produces goods in which it has a comparative disadvantage, and consumes too little of imported goods. And under normal conditions that’s the end of the story.

But these are not normal conditions. We’re in the midst of a global slump, with governments everywhere having trouble coming up with an effective response.

Okay-- so the economic case against protectionism is not determinative here-- we are in a special situation.
And one part of the problem facing the world is that there are major policy externalities. My fiscal stimulus helps your economy, by increasing your exports — but you don’t share in my addition to government debt. As I explained a while back, this means that the bang per buck on stimulus for any one country is less than it is for the world as a whole. And this in turn means that if macro policy isn’t coordinated internationally — and it isn’t — we’ll tend to end up with too little fiscal stimulus, everywhere. Now ask, how would this change if each country adopted protectionist measures that “contained” the effects of fiscal expansion within its domestic economy? Then everyone would adopt a more expansionary policy — and the world would get closer to full employment than it would have otherwise. Yes, trade would be more distorted, which is a cost; but the distortion caused by a severely underemployed world economy would be reduced. And as the late James Tobin liked to say, it takes a lot of Harberger triangles to fill an Okun gap. Let’s be clear: this isn’t an argument for beggaring thy neighbor, it’s an argument that protectionism can make the world as a whole better off. It’s a second-best argument — coordinated policy is the first-best answer. But it needs to be taken seriously.
Let me restate his argument. Every country needs fiscal stimulus because of the recession, and that's the most important thing. But countries won't enact fiscal stimulus unless they can be protectionist too, because they're selfish. So, since protectionism isn't as bad as lack of government spending, it's worth having trade barriers so as to get the government spending.

This is, actually, saying that beggar-thy-neighbor policies are a good thing. He is saying that if every country tries to beggar every other by buy-domestic policies, they'll all be better off in the end than if they didn't. He'd prefer having the same amount of government spending without the buy-domestic policies, but he doesn't think that's possible politically.

After a couple more paragraphs saying that we have to consider the political economy, we come to his bottom line:

But there is a short-run case for protectionism — and that case will increase in force if we don’t have an effective economic recovery program.

His argument has three problems (aside from its premise that the stimulus package is a good thing and should pass). First, it's not plausible that the stimulus package will shrink much if it is less protectionist, and his argument depends on there being enough shrinkage to counteract the bad allocative effect of protectionism. Second, if we're talking political economy, we should bring in the fact that allowing protectionism into a stimulus bill will result in it being more distorted to serve special interests rather than having the single objective of serving the public interest of Keynesian stimulus. Third, an economist should start by making the economic arguments clear, rather than mingling them with the politicking, compromise, and buying-off-of-interests arguments. Politics requires compromise, but an op-ed piece does not. In fact, even in politics, you start off the bargaining by taking your preferred position-- you don't start by offering your opponent something halfway towards his position. In fact, you might want to start with something more extreme than your preferred position.

In this particular case, of course, the buy-American provisions weren't in there to garner moderate and conservative support for a bill that wouldn't pass otherwise-- they were an actual hindrance towards compromise. Krugman's got it exactly backwards-- the buy-American was bad economics *and* bad politics.

Note what Greg Mankiw says,

Matthew Yglesias says that my stimulus proposal is "a pretty good idea" but also says "it’s wildly impractical" because it is "so outside the ballpark of what congress is prepared to consider." Let me reply by quoting Milton Friedman:
The role of the economist in discussions of public policy seems to me to be to prescribe what should be done in light of what can be done, politics aside, and not to predict what is "politically feasible" and then to recommend it.

Labels: , , , ,

 

To view the post on a separate page, click: at (the permalink).

 

Robert Taft: A Yale Man, Not a Common Man

NewMajority has a great story about Robert Taft:

Bill Buckley liked to tell a story about one of Taft’s reelection campaigns, when the Senator’s wife was asked at a rally whether her husband was a common man. “Oh no,” she retorted, “he is not that at all. He was first in his class at Yale and first in his class at Harvard Law School. I think it would be wrong to present a common man as a representative of the people of Ohio.” The political professionals blanched, but the crowd gave the Tafts a standing ovation.

It's interesting that Taft *was* a man of his times-- or a politician-- supporting things such as the minimum wage:

Taft was not the uncompromising scourge of liberalism that many of his followers imagined.... He supported government-funded old age pensions, medical care for the indigent, an income floor for the deserving poor, unemployment insurance, and an increased minimum wage. Because he believed that a home was necessary for a decent family life, and because the free market was not supplying low-cost housing, he advocated urban slum clearance and public housing. Because he believed that all children deserved an equal start in life, he reversed his earlier position and called for federal aid to education.... As his brother Charles recalled in 1966, Taft was “an innovator of the first class in a number of welfare fields, going beyond what the Democrats had the courage to talk about in those days.”

Don't take that last paragraph as complimentary.

Labels: , , , ,

 

To view the post on a separate page, click: at (the permalink).

 

"Moderates" in the Senate

From Jonah Goldberg at NR:

Led by Republican Arlen Specter, the centrists have boldly cut (perhaps temporarily) $100 billion or so from the stimulus package, in the name of fiscal discipline. But, as liberal critics such as New York Times columnist Paul Krugman rightly point out, they’re cutting it to prove their “centrist mojo,” not because they have real concern for public policy. If the bill had started out at $1 trillion, then $900 billion in porcine outlays would be deemed the “responsible” amount to spend.

For certain Beltway centrists, the highest principle is to prove that you are attached to no principle. Rather, your duty is to split the difference between the “ideologues.” If one side says we need a 1,000-foot bridge to span a canyon, and the other side says we don’t need a bridge at all, the centrists will fight for a bridge that goes 500 feet and no farther, then pat themselves on the back.

Labels: , , ,

 

To view the post on a separate page, click: at (the permalink).

Friday, February 6, 2009

 

Kennedy Family Scandals

The Weekly Standard has an article listing many of the Kennedy family crimes and scandals. It's weak on Teddy, Joe, and John Sr. scandals, though. What a family!

Labels: , , ,

 

To view the post on a separate page, click: at (the permalink).

Wednesday, February 4, 2009

 

The Daschles as An Example of Legal Corruption

Even tho its subject is not so topical now, The Daschles: feeding at the Beltway trough by Glenn Greenwald at Salon.com is a good article.

Labels: , , ,

 

To view the post on a separate page, click: at (the permalink).

Friday, January 23, 2009

 

Game Theory and Blackmail of Politicians

The FBI had highly incriminating tapes of Martin Luther King indulging in adultery, dirty jokes, etc. This was illegal, I think, since it was not taped at his office but at home or sleeping place, so it has been suppressed by court order till 2027.

Why, though, didn't the FBI leak this information back in 1964? I can think of two reasons:

1. The FBI really wasn't trying to snoop on King's personal life. The FBI was just doing its job, checking out his communist connections, and having found that though he did consort with communists, he wasn't one, they figured their job was done.

2. The FBI (i.e., J. Edgar Hoover) blackmailed King, somehow changing his behavior.

I don't know why the FBI would like to blackmail King, but if you think J. Edgar Hoover was anti-King, reason 2 is your only explanation. If he was anti-King, why didn't he leak the adultery info-- or somehow set up King to be exposed by a third party?

Reason 2 might be verifiable. After the dates when the FBI adultery tapes were made, did King somehow change his behavior?

The idea of blackmail is important in other contexts too.

1. I had the impression that Dole was going easy on Clinton in the 1996 campaign. Was this because Clinton had info on Dole?

2. Rep. Rangel has gotten away with tax evasion for years, it seems. Did presidents use his vulnerability to prosecution to get him to be cooperative on tax policy?

Labels: , ,

 

To view the post on a separate page, click: at (the permalink).

Thursday, January 22, 2009

 

Geithner's Tax Cheating

I just retired from the IRS this past summer. I can verily state we would have been fired on the spot if unreported income was discovered on our tax return. It is shocking that Timothy Geithner would head the IRS, the same organization that would have fired me for ANY unreported income. I am sure shock waves are rippling through my former IRS office right now to think that the new head of the IRS failed to pay $30,000 in taxes. (a comment here)

Tim Geithner really is a man in the spirit of Bill and Hillary Clinton: rules are for little people, but they don't apply to me.

Oh, those hapless Republicans! They don't realize that what they have here-- a knowing (that is, known since before the nomination was made public), deliberate, attempt to put a tax cheat in charge of tax enforcement-- is the ticket to victory in 2010.

I know everybody says good things about Geithner, but keep in mind two other things:

1. He was at the New York Fed while it totally botched oversight of the financial system.

2. Cheaters never cheat just once.

Labels: , , ,

 

To view the post on a separate page, click: at (the permalink).

Friday, January 16, 2009

 

The BFC's Proposed Resolution Criticizing the Business School's Invitation of General Pace

The Bloomington Faculty Council has been having some discussions of interest to those concerned about homosexuality and free speech. All boldfacings below are by me.

Here are excerpts from the resolution ( November 18 text):

WHEREAS in a March 12, 2007 interview with the Chicago Tribune, Gen. Pace said, "I believe homosexual acts between two individuals are immoral... I do not believe the United States is well served by a policy that says it is okay to be immoral in any way... As an individual, I would not want [acceptance of gay behavior] to be our policy."

WHEREAS on March 13, 2007, Pace released a statement reading, "In expressing my support for the current policy, I also offered some personal opinions about moral conduct. I should have focused more on my support of the policy and less on my personal moral views." He declined to apologize or to retract his statement equating homosexuality with immorality....

NOW THEREFORE BE IT RESOLVED that although we fully endorse the concept that speakers representing all viewpoints should be invited to campus, when speakers representing controversial viewpoints are invited, effort must be made to facilitate open discussion and the exchange of ideas. We therefore believe that during General Peter Pace’s visits to campus this year, the Kelley School should facilitate opportunities for Gen. Pace to be interviewed by the press and to appear at forums in which members of the community are welcome and may ask questions, and to invite a speaker of equivalent stature who holds contrary views concerning homosexuality. Efforts to date are not sufficient.

BE IT FURTHER RESOLVED that it was inappropriate to award Gen. Pace a university honor, the Poling Chair in Business and Government, when his views on homosexuality are so offensive to university policy and many members of the university community, without any advance guarantee that he would participate in an open and meaningful dialogue about his views.

From the November 18 Bloomington Faculty Council Minutes:

Brian Horne, Music:

HORNE: Personally I’m bothered by this. I mean there are many details, you know, with which I sympathize but at the heart of the matter it seems to me what trying to punish somebody for something they believe.

To me at the heart of the matter, I understand why people would be offended, but what we’re saying is ‘you have to believe what we believe or we’re going to make it hard on you.’ That’s not what we should be doing, and we certainly shouldn’t be saying ‘we’re a university, we’re open to all, we’re open to diversity, but if you don’t believe what we believe we’re going to make it hard on you to come here or to get an honor from us or to do anything else.’

James Biles, Geography:

BILES: ... Yes, you know a diversity of views is appreciated, but I think morally and ethically, you know, there’s no requirement to tolerate intolerance and these views are intolerant. Personally, I’d like to see him dishonorably discharged from his, you know, appointment, but I guess that’s not going to happen.

Bryan McCormick, HPER:
MCCORMICK: Well, I’m just curious that this strikes me that we’re making as a campus body a dictate to that unit without inclusion, discussion, you know. I would be concerned in my school if I learned from the BFC something that we are being told we had to do without even knowing it was coming.
Brian Horne, Music, and Alex Tanford, Law:
HORNE: I’m sorry, one other question and I recognize this is stretching it quite a bit. Certainly in the School of Music we have people that are just world renowned musicians all the time some of which are given titles and some of whom just come and give masters classes, things like that. We don’t know their views on this issue or any other, because they were never in such a prominent, you know, position, but why is it different that it just happens that we know this issue. This issue is not what drove his appointment or what gave him this honor. It just happened that his previous appointment called upon him to answer questions regarding this. If Leonard Slatkin, you know, the world famous conductor is coming to join our faculty, we don’t know what he thinks about anything, and we don’t need to know. ...

TANFORD: I don’t really have a response to your point, but certainly there are people who are highly distinguished in the music field, now many of them very elderly, if they’re still alive at all, who had an active association at one point with Nazi Germany, where their views would be clearly known. And I guess we saw this as the equivalent of giving one of them a distinguished honor which would be hugely offensive to the Jewish community or that was the way we saw this.
Lucas Fields, IUSA President, student, and Alex Tanford, Law:
FIELDS: I actually had a chance to speak with the general, and one of the things I asked him about was his recommendation to authorize force in Iraq, which he also did as Chairman of the Joint Chiefs, and I guess what I’m perhaps concerned about with this body is there a line that’s being drawn, that there are certain things that the faculty are willing to be concerned about but not others? Is his view on that war, which is controversial in a different light, something that should also be addressed? And are we singling something out versus a whole host of things I think could be found to be controversial on this campus?

TANFORD: We are singling this out. We are the Diversity and Affirmative Action Committee, concerned about protecting the rights of minorities who are historically and currently, presently discriminated against and the gay and lesbian community is number one on that list. And that’s the reason. This is like race a generation ago.
Patrick Harbison, Music, and Alex Tanford, Law:
HARBISON: Will the School of Music have to stop programming Wagner?
TANFORD: Only if – no. (laughter)
HARBISON: I mean you see what I’m saying!
TANFORD: Are you planning on giving Wagner a distinguished university honor?
HARBISON: No, but I would say that a performance at the MAC is a fairly distinguished honor.
TANFORD: But that’s the essence of the distinction. A performance at the MAC is an ordinary participation in the university process. If it is accompanied by Gwyn Richards coming out and giving the person a distinguished award, then it moves into a different level of symbolism and it is that second level that we are concerned about, not the first.
Daniel Sloat, IUSA Vice President, student:
SLOAT: I just wanted to say first as a Kelley student I felt that the school did a very good job in distancing themselves. I felt that they were in no way in the wrong. They made very clear that they did not support his personal beliefs, and most importantly to keep in mind he was invited to and subsequently awarded for his leadership experience. He was not brought as a controversial speaker, not as someone who has a certain view. If that had been the case, then it would certainly be encouraged and, I think, appropriate to bring someone with an alternative view. So being someone extensive leadership experience, I don’t think it’s fair to put him in the same kind of light that calls for ‘where’s the other viewpoint?’ because being brought as a person with leadership experience the other viewpoint would be someone without leadership experience.
Padraic Kenney, History, and Alex Tanford, Law:
...KENNEY: …Yeah, I know, but I feel like some of your responses have really come down, you know, to his personal views…
TANFORD: No, no.
KENNEY: … some rest more on professional and maybe clarifying the difference between the two…
TANFORD: There is no…
KENNEY: …and taking a stand based on one or the other.
TANFORD: He was the one who attempts to characterize these as merely personal views, and that’s why to try to put in his version of it and put some balance is why those statements are in there.
KENNEY: Well then let me draw attention to the last line in the fourth paragraph on the first page, “General Pace’s beliefs regarding homosexuality, which are grounded in his religious faith, reveal an inherent bias against homosexuality.” Why are we bringing in his religious faith? I’m looking at the quotes that are above there and while I don’t doubt that elsewhere in that interview he talks about his religious faith, he doesn’t in what has been quoted here. And so now we’re saying ‘well, actually this has to do with religious faith,’ but maybe they’re excusing, that, you know, you have to understand this is religious faith or it maybe a complicating or whatever factor, but I’m not quite sure, you know, how do you put that in there. That’s essentially saying ‘we are interested in his beliefs.’
TANFORD: I would say the committee was persuaded by an argument made by some members of the committee that one could make a case that holding fairly extreme antihomosexual views based on a particularly narrow interpretation of religion is itself a minority viewpoint…
KENNEY: But how is that relevant here?
TANFORD: …and therefore needed to be mentioned in terms of the balance since we’re the Diversity and Affirmative Action Committee and that we are concerned about religious discrimination as much as we are about discrimination against homosexuality.
Nick Clark, GPSO - Political Science, graduate student:

CLARK:... it’s a discussion I’ve been a part of in several different committees on how to best recruit minorities to come here and increase the diversity of the campus and I have to think that this is relevant to that, in that if we include minorities that we want to recruit as gay and lesbian students, the fact that we bestow honors on someone that makes these statements, whether they’re right, whether they’re wrong, whether it’s the place of the Faculty Council or the university to take positions on it, but that we’re bestowing honors on it from a very pragmatic point of view I would think that that could deter certain gay and lesbian students from attending this university which is the exact opposite of what the campus seems to want to do in its recruiting initiatives. And I think that’s got to be at least, you know, minimally relevant to an issue like this.
Herbert Terry, BFC President, Telecommunications:
TERRY: Okay, I wasn’t on the (inaudible) subcommittee, but I hope you will consult with the faculty governance body of the School of Business. When we take this up again I would like to know what role they played in it, if any, and what their recommendations to the Dean were, what they think of it. The second thing is borrowing from my own experience in telecommunications, the Federal Communications Commission for a long time tried to enforce a kind of a fairness doctrine requiring that opposing views on controversial issues be presented by broadcasters. It eventually concluded that that backfired.
The BFC membership list is here in case you'd like to check which professors and students vote on this. A footnote:
Americans interviewed in Gallup's 2008 Values and Beliefs poll are evenly divided over the morality of homosexual relations, with 48% considering them morally acceptable and 48% saying they are morally wrong.

The BFC will not be voting on the resolution on January 20, since the committee is trying to redraft it. Presumably it will come up in the February meeting.

Labels: , , , ,

 

To view the post on a separate page, click: at (the permalink).

Wednesday, January 14, 2009

 

Criminal Congressmen

 

To view the post on a separate page, click: at (the permalink).

Sunday, January 4, 2009

 

Sodomy Laws and Pro-Israel Sentiment

There is indeed an issue on which citizens split almost evenly yet the leaders of both parties adopt identical lockstep positions: the legality of homosexual acts. That's my answer to a question of Andrew Sullivan and Glenn Greenwald:

Is there any other significant issue in American political life, besides Israel, where (a) citizens split almost evenly in their views, yet (b) the leaders of both parties adopt identical lockstep positions which leave half of the citizenry with no real voice?
The split in favor of sodomy laws is 40-55 in the latest Gallup poll, as shown in the chart here, down from 49-46 in 2003. Support for sodomy laws has stayed around 40% since 1977. Opposition has bounced around a lot, from 43% in 1977 to 57% in 1986, back to around 42% in 1997, up to 60% in early 2003, down to 46% a few months later, and up to 55% now. But clearly voters are divided. I don't hear any Democratic or Republican politicians calling for the return of sodomy laws, though (and it isn't just the Supreme Court's reversing itself on the issue; plenty of politicians oppose abortion).


Here's more from Sullivan and Greenwald, for reference: Andrew Sullivan, quoting Greenwald:
Leave aside the usual huffing and puffing. Can you answer this question for me:
Is there any other significant issue in American political life, besides Israel, where (a) citizens split almost evenly in their views, yet (b) the leaders of both parties adopt identical lockstep positions which leave half of the citizenry with no real voice? More notably still, is there any other position, besides Israel, where (a) a party's voters overwhelmingly embrace one position (Israel should not have attacked Gaza) but (b) that party's leadership unanimously embraces the exact opposite position (Israel was absolutely right to attack Gaza and the U.S. must support Israel unequivocally)? Does that happen with any other issue?
From Greenwald:
Not only does Rasmussen find that Americans generally "are closely divided over whether the Jewish state should be taking military action against militants in the Gaza Strip" (44-41%, with 15% undecided), but Democratic voters overwhelmingly oppose the Israeli offensive -- by a 24-point margin (31-55%). By stark constrast, Republicans, as one would expect (in light of their history of supporting virtually any proposed attack on Arabs and Muslims), overwhelmingly support the Israeli bombing campaign (62-27%).

Labels: , ,

 

To view the post on a separate page, click: at (the permalink).