!Constitution

There are an amazing number of mis-conceptions about the Constitution and what it says. This post by U.S. Constitution.net has a pretty good rundown of some of the most famous. Some of the mis-quotes I hear most often are “separation of church and state”, “right to privacy”, and “Judicial Review.” One that is not in the list is right for the press to protect their sources identity in court.

However, it is important to remember that the constitution DOES say (in the 10th Amendment) that

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Thus we have rights regardless of their explicit existance in the constiution.

Antarctic Cooling

TCS has a story that discusses some of the broader facts of the AP “Glaciers Shrinking” stories that were popular on last weeks Earth Day. The article accurately portrays the intent of many news agencies who reported on the AP story (with titles like “Scientists Say Antarctic Glaciers Shrinking.” its hard to miss the intent.) He also points out some little known facts concerning the Antarctic Continent. Most people who are not climatologists have the mistaken belief that Antarctica is getting warmer; while in fact the opposite is true.

While the planet may very well be getting warmer; human catalyst global warming theories generally have, as one of their primary indicators, the prediction of Antarctic warming. Antarctica (or at least the vast majority of it) has been getting cooler for almost 35 years as has been documented a number of times by outside sources. The good news is that some organizations actually presented the AP story in the light it was intended; not as the scare tactic that Earth Day advocates wanted it to be.

You can check out the original text of the AP story here.

Change and Stability

Ralph Peters in this position paper, originally posted in 2001 by Parameters magazine, discusses the role that stability plays in our foreign policy over the last 110 years. His point is that sense the Spanish-American war we have spend enormous resources propping up hopeless regimes in the futile attempt to contain the status quo; even at the expense of our shared national values. What’s more, Peters argues that our country’s success is a product of the overthrow of old-world paradigms. As such, the very stability we pursue works against our own long term best interests. The article is a though provoking piece but one paragraph stood out to me. While discussing the role of terrorism in his primary thesis, he makes one of the clearest observations about the nature of Middle Eastern terrorism I have ever read.

While most Islamic terrorism is culturally reactionary, another aspect of it is an impulse for change perverted by hopelessness. And terrorism is, finally, a brutal annoyance, but not a threat to America’s survival, despite the grim events of 11 September. Osama bin Laden and his ilk may kill thousands of Americans through flamboyant terrorist acts, but their deeds reflect tormented desperation and fear, not confidence or any positive capability. Terrorists may be able to destroy, but they cannot build, either a skyscraper or a successful state. Destruction is the only thing of which they remain capable, and destruction is their true god. These men seek annihilation, not only ours, but their own. No entrances are left open to them, only the possibility of a dramatic exit. They are failed men from failed states in a failing civilization. Claiming to represent the oppressed (but enraged by the “liberal” behavior of most Palestinians), fundamentalist terrorists of so hardened a temper would not be contented, but only further inflamed, by any peace settlement that did not inaugurate their version of the Kingdom of God on earth. They are not fighting for a just peace, but for their peace–and even if they attained that peace, they would desire another. They are, in every sense, lost souls, the irredeemable. Their savagery is not a result of the failure of any peace process, but a reaction to their own personal failures and to the failures of their entire way of life.

Another good part is the section discussing the relationship between Islamic governments in the Middle East and the Palestinians. Not exactly light reading, but well worth the time.

Sleep of the Oblivious

The Carnegie Endowment for International Peace has a superb article by Robert Kagan discussing the growing divide between Europe and the United States in how we handle international affairs. Kagan argues that a combination of Europe’s loss of international influence, combined with the relative safety provided by the umbrella of American military force have allow it to pursue its post Enlightenment Kantian ideal of “Perpetual Peace.”

The article was like a breath of fresh air in as much as it was an international policy evaluation that lacked almost all the red/blue, conservative/liberal, religious/secular bias that seems to be the norm for this kind of analysis nowadays. I believe Kagan undervalues the role that American individuality has played in our historically isolationistic world view. Specifically as it pertains to the UN and the role of international law. However I find its impossible to ignore the overall strength of his argument. I also disagree with the assessment that,  “Americans apparently feel no resentment at not being able to enter a postmodern utopia.”  I find that, increasingly, America’s “Ivory Tower” elite feel a great deal of resentment for the position soldered to the US and, to an even greater extend, that such a position even be necessary. Yet I suppose that such resentment has always been part of the La Trahison des clercs and is not to be unexpected.

Its a very long article (TTS is a god-sent at work!) but well worth the read. Especially if you are interested in the changing nature of America’s relationship with Europe and the long term ramifications thereof.

Who Told Me This?

The most interesting piece of news I have read concerning the Valerie Plame case concerns the protected status of media sources.  Evidently there is none!  What is more interesting, according the historical Court rulings, there has never been such protection.  Newspapers, TV news, and print media organizations have argued for years that they can protect their sources via the First Amendments “free speech” clause.  However, this has simply been a matter of wishful thinking.  The U.S. Supreme Court has yet to ever rule in favor of the protected status of media sources.

This is totally counter to what I was taught in school.  I had always believed that media sources could not be forcible taken from reporters except in the event of national security.

Tyranny of the Lethargic

One of the concerns I have about the state of democracy and the direction of democratic reform throughout the world is the sudden rise of sudo-democratic organizations (organizations created by democracies that are not democratic themselves.) Organizations like the EU, UN, WTO, and World Bank have huge influence over the state of world affairs, going so far as to try and set policy for individual nations, and yet have no democratic influence on their direction.

In that vein, author John Fonte has written an article discussing the proliferation of these groups, as well as the dramatic influence non-governmental organizations are having on shaping their policies. Democracy may not be the evolutionary end of history; but it is vital that we remember than any organization which creates laws without the representation by those whom the law governs, is a form of tyranny. Ultimately, failure to pay attention to the state of our liberties will result in the slow erosion of our freedoms. If we are not awake at the wheel of our own destiny, we will eventually discover that someone else is driving.

The Apex of Evolution

In preparation for a policy paper I am reading, I found this article. The paper, titled “The End of History?”, is a fairly well known article by Francis Fukuyama for The National Interest in 1989. In it he basically describes western style liberal democracy as the final cumulative result of the evolution of the political process; going so far as to declare the modern democratic state as the “end of political history.” Something approaching the god-state of politics.

While I don’t necessarily subscribe to the overall tenants of Mr. Fukuyama’s work; it is an interesting political discussion in the time immediately preceding the fall of the USSR. The question that Mr. Fukuyama brings up is simply, does democracy basically answer all of the contradictions brought about by previous socio-political systems in a way that changes future “improvement” from exponential to linear in their scope?

FYI, I grabbed the web page from a Google search for reference purposes.

Democracy Spreading

Those of you who did get a chance to read my commentary on the justification, with respect to terrorism, for the invasion of Iraq; I thought I would take this opportunity to say it looks like I was right. Now I am not trying to say that it was a particularly good election (i.e. males only, municipal authority only, only half the positions are elected, and its only happening in one area) but the simple fact that Saudi Arabia felt the pressure to actually have these elections is a huge step.

Nietzsche vs. Socrates

The New Criterion has a wonderful article discussing Julien Benda’s work, “La Trahison des clercs” (The treason of the intellectuals), and an extension of Benda’s work by Alain Finkielkraut titled, “La Défaite de la pensée” (The Undoing of Thought.)  I had heard of the term La Trahison des clercs, a kind of yuppie insult to post modern leaning college professors, but I was not actually familiar with the contents of the work.

I found the article incredible interesting and will probably comment more on it at some other time, but what is most interesting to me is how this concept ties in with the idea of natural law (for example the destruction of diversity without a fundamental concept of the “universality of humanity”) and the effect that these concepts have on the implementation of free will.  I many ways this article acts like a philosophical discussion of the ideas presented in C.S. Lewis’s “The Abolition of Man.”

Childrens Rights

A comment by Jasan, in reply to my “News From a Blue State” post has prompted a reply that I would rather post here.  Jasan basically pointed out that –“it doesn’t prevent the mother from calling the cops – it prevents the mother from using the evidence she heard listening in on the second phone line as evidence in court.”  While technically this is true, in some jurisdictions calling the police with such a tip would actually be worse than not calling them; because any leads that occur based on illegally obtained evidence can invalidate the case.  But that is really not the point.

It is a ridiculous proposition to believe that an individual has a right to privacy when talking to a minor. A parents job is to protect their child, to the best of their ability, from the kind of negative external influences that are possible in just this kind of circumstance. Its freggin hard enough to protect you child from the filth that is available through modern mass communications. Now to take away the only tool that parents have to bring legal action against those who would do harm to those same children.

For 200 years we have made the conscious decision to protect a child from harm, even when it sacrifices their rights in the short term. We do this to give them a chance to develop into adults who can make their own sound decisions. Then we let them succeed or fail based on those decisions… but to protect a child’s “privacy” at the expense of their safety; before they even have the experience or mental capabilities to intelligently use those rights; is the very definition of irresponsible. Following this same logic, we should let the children stay with the adults they want to live with. Even if a court has decided that their drugged up, abusive, sexually molesting parents are unfit. Hey, the kid has a right to freedom of association. Or how about giving 4 year olds guns? The parents shouldn’t have any say in such things, right?

The rights I have listed above are actually directly protected constitutional rights; unlike the implied constitutional interpretation that the “right to privacy” is. Don’t get me wrong. I believe in implied constitutional rights and the “right to privacy”, but if we are fundamentally able to restrict the rights of children that are expressly defined by the constitution then why in the world would we protect an implied right.

I remember the big hoopla that conservatives (blame the parents not the guns) and liberals (blame the parents not the kids) made about the Columbine Massacre because the parents did not pay attention to the actions of their kids. There have been a half a dozen cases where “Columbine” like attacks were thwarted by parents listening in to telephone conversations. If this ruling were in place in those circumstances then the police could be prepared to stop the kids, but they could not bring any “attempted” charges against them (i.e. They could charge them with possession of a weapon on school property but not for attempted murder) because the tip they used to identify the threat was obtained illegally. In fact in some jurisdictions ALL charges would have to be dropped because of how the evidence was obtained.

This same ruling has dramatic ramifications to other forms of communication. It effectively states that (although you can monitor the actions of your kids on the Internet) you cannot reasonable expect to get police protection if you discover that a pedophile has been talking about picking up your kid during school… and even if the police decide to watch your kid they CANNOT LEGALLY STOP the pedophile before he does anything illegal.

More than one person has already pointed out that it is generally totalitarian regimes that pursue the rights of children over the protection of children and the rights of parents. Things like the Hitler youth did this because its so easy to TAKE ADVANTAGE of children and exploit them to their own ends. No, this ruling is ridiculous in the extreme. It does huge amounts of damage to those that would work to help children; and in doing so creates a bastion of safety for pedophiles in the very homes of the children that this ruling is suppose to help.