On war

I write under the above heading with apologies to Clausewitz, Sun Tzu and many others. What inspires me to write on this occasion is that a relative sent me a rather heartfelt rendition of a famous Australian antiwar song.  It is here.  It uses a lot of Australian English so is unlikely to be fully understood by non-Australians  -- but you will undoubtedly get the gist of it.

The thing that characterizes all antiwar songs that I know is that they take a very superficial view of war. They see the suffering and waste and make no effort to see WHY the suffering and waste took place.  They think it is sufficiently profound to deplore war rather than attempt to understand it.

And a lot of people in general do that.  They speak of the "folly" of war, which is in fact a confession that they do not understand it. And I imagine that anyone reading here has been confronted by such sentiments at some time or other.  I thought therefore that it might be useful to set out in a simple way how war is to be explained.  Some people seem to need such an explanation.

The first thing to note is that conquered people are often treated very badly by victor nations.  It can be literally a matter of life and death.  There are therefore very good reasons to fight a defensive war.  You may avoid oppression that way.  And that is the basic argument for war.  There may also be reasons for an offensive war but I doubt that any of those are good reassons.

The second thing we need to understand is that most people prefer prevention to cure.  It is all very well to defend yourself if attacked but it is surely best to prevent war breaking out in the first place.  The best known of such strategies is "Si vis pacem, para bellum", a Latin adage translated as, "If you want peace, prepare for war".  And there are some good examples of that as a successful strategy  -- 20th century Switzerland and Sweden, for instance.

There is however a very important second strategy, one that tends to slip below the public consciousness:  Treaties and alliances.  To most people such things seem to be old men talking to one another with no relevance to everyday life.  In fact, however, they are a major deterrent to war and should therefore be highly valued by any reasonable person.  And politicians at least do usually value them highly.

What treaties do is to make a group of nations to big or too strong to attack. They say to potential aggressors:  "If you attack any one of us, all of us will strike back at you."  Unity is strength, in other words.  And there is no doubt that treaties do prevent wars.  At a time when the Soviet Union was in an  aggressively expansionist phase, Western Europe would not have retained its independence but for its treaty with the United States (NATO).

So treaties are very important.  And you must honour them.  If you fail to come to the defence of a country that you have a treaty with, ALL treaties will tend to be undermined and an important deterrent to war will have been lost.

Which brings us to WWI, the subject of the antiwar song I mentioned above.  Even to me, WWI seems a foolish war.  Why did civilized countries line up their young men in opposing ranks in order for the other side to machine-gun them down?   Why did Australian soldiers end up trying to invade Turkey?  And for those who take a more informed view of the matter, why did the assassination of an Austrian Archduke in Serbia by a nonentity known as Gavrilo Princip lead to the fine young men of Britain making war on fine young men from Germany in the fields of Belgium?

It makes no sense unless you understand the importance of treaties for war prevention. In 1914, Germany had a treaty with Austria, Britain had a treaty with France and France had a treaty with Russia.  And those treaties had to be honoured if endless war was not to be ushered in.

So when Serb activist Princip shot the Archduke, Austria cracked down on the generally hostile Serbs, with which Austria had a border. (A similarity between Osama bin Laden attacking the twin towers and the subsequent U.S. invasion of Afghanistan may be noted.)  But the Tsar of Russia saw the Serbs as fellow Slavs, brothers to Russia. The Tsar remonstrated with the Austrians but the Austrians replied that the matter was none of the Tsar's businmess.

So the Tsar declared war on Austria.  It was a meddlesone Russian ruler who set the ball rolling on WWI.  Because then the treaties came into effect: Germany declared war on Russia in defence of Austria;   France declared war on Austria and Germany because of their treaty with Russia; and Britain declared war on Germany in defence of France.  The logic was dismal but logic it was.

So it is not a common way to look at it but WWI was fought in defence of the integrity of treaties.  If the various treaties had been betrayed at that time, treaties might not have kept Western Europe safe from the dismal grip of Soviet Russia in the post-WWII era.  Russia might have been tempted to roll in the belief that the USA would not honour its treaty with Europe.  So some good did come from WWI.  It was a war that had to be fought.

So what about the Afghanistan and Iraq wars waged by the USA?  They were clearly defensive wars waged to discourage any repetition of the 9/11 attacks.  You would think that knocking out two of the three regimes most hospitable to the Jihadis would show them that the USA was not a paper tiger and discourage the Jihadis  for good but the fact that the Iranians have got off scot-free probably gives them encouragement.

Dropping a big one on their holy city with a promise of more to come would be a low-cost way of causing the Iranians to rethink their hostility towards just about everyone -- and with a bit of luck the Israelis might do just that in the not-too distant future -- to the  benefit of us all. The Iranians have installed substantial military facilities in the Qom area so they are asking for it. Losing their holy city would also make them the laughing stock of the Sunni world -- and ridicule can be even more grievous than defeat.  The Ayatollahs would be completely discredited.  -- JR

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A NEW THEORY OF LIBERALISM

I have made many similar observations to the ones below.  I would however add that the liberal feels not only morally superior but superior in wisdom and understanding too  -- JR

I’m always searching for a unified field theory of liberalism that reconciles its craziness, destructiveness and sanctimony. I thought the “liberalism is a mental disorder” meme came close, but in the end was too easy. It’s like having a madman as a villain in a story–you don’t have to explain, motivate or justify his behavior. It’s the difference between “Friday the 13th” and “Crime and Punishment.”

A recent sad experience with a friend undergoing rehab has left me with another analogue. I now think liberalism is an addiction and displays all the behaviors commonly associated with addictive behavior.

Well, not “liberalism” per se. That policy-agenda is really an elaborate metaphorical delusion built to camouflage the true drug these poor souls crave so desperately: moral superiority.

It’s as powerful as heroin or cocaine. It supplies a terrific high: all sense of personal failure, betrayal, guilt, ineffectiveness, irrelevance, of being nothing and nobody, disappears in a flash. Instead our hero feels extraordinarily good about himself. He is helping. He is compassionate. He is without sin. He is sensitive, caring, part of the solution and not the problem. He feels handsome, daring and heroic. He thinks it will get him laid. How could he not love this?

He cannot see the harm he is doing, either at the micro level or at the cataclysmic macro level; he cannot see how his “generosity” with other people’s money, for example, has devastated the black community, turned it bitter, hopeless, impulsive, violent and addicted itself to free stuff from the gub’mint as well as the crutch of “racism” to justify everything.

But you have seen this most explicitly in the last few weeks, as Obamacare, a hopelessly idiotic delusional program meant to redistribute wealth (in the form of medical care) to the unfortunates who’ve never paid a tax in their lives, has crashed and burned. As anybody who knows anything about the addictive state knows, when the addict is threatened with the cut-off of his supply, he becomes a monster.

I saw this with my friend, who it turned out had been lying to me for years about his addictions. He loved me; I kept him alive. But he could not help himself from using me and feeding me a tapestry of lies to keep the money coming. I thought I was “helping,” just as liberals think they are helping. But I learned, finally, that I was just enabling. This is a lesson liberals will never learn.

As the collapse of Obamacare reveals, they go into reflexive monster mode. Like any addict, they will lie, cheat, steal, even become violent when their supply is threatened. They have no moral qualms about betraying their closest friends because the moral part of them is dead. They see only the end of their high and that becomes the defining issue of their life. They will do anything to protect it. That is why they are such wily opponents and such aggressive defenders of what the whole of the rational world now realizes was fabrication, delusion and ultimately fantasy.

So if we look to liberate them from the agony they don’t even know they suffer from, we must look to the known cures of addiction. Terrible, hard work, draining and demoralizing, but I think we are up to it.

SOURCE

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Obamacare Is Obama Unmasked

Everyone is focusing on Obamacare because it is such an obvious disaster, but in fact, it is but a microcosm of Barack Obama's entire presidency. Obamacare is Obama unmasked.

Aren't some of you tired of making lame excuses for him that only serve to make things worse? He has made a mess of nearly everything his policies have touched, and he's mostly avoided the blame; but he owns Obamacare, and he has nowhere to hide.

When someone with the influence Obama enjoyed upon first taking office sets out to fundamentally transform the nation -- and he has the unqualified support of the entire liberal media apparatus, the Democratic Party in lock step, millions of people purchased with government money and/or indoctrinated in liberal universities, and the cudgels of racial shaming and white guilt -- the possibilities are endless.

Constitutionalists have observed for years that America has been on a downward spiral as its ruling class has discarded its founding principles -- the very ideas that led to this nation's uniqueness, power, prosperity and benevolence. We've known that we could not forever piggyback, with impunity, on America's system of limited government and its free market economy. Eventually, statist encroachments on both would destroy our prosperity, liberty and power.

But we were thinking in terms of decades into the future, not a matter of a few years. Who would have ever thought the United States would embark on such an accelerated path of national suicide?

At the beginning, people could argue that Obama would usher in a period of prosperity and bipartisanship and that things would get better in America. But after five years of unconscionably reckless federal spending, a wholesale assault on our domestic energy industries, endless abuses of executive authority and other lawless incursions on the Constitution, unprecedented divisiveness and polarization across economic, racial and gender lines, America's declining power and prestige in the world, an explosion of the welfare state, and the worst economic recovery in 60 years, how can anyone who cares about this nation's future and the well-being of our children and grandchildren keep supporting this man's policies?

Even those of you who seem to have an endless capacity for buying into the administration's childish scapegoating of the Bush administration or the current GOP opposition for every Obama policy failure surely are beginning to have doubts as you watch the inglorious unfolding of Obamacare.

At first, you may have been hanging on to the fantasy that this was just a technical problem with the website -- perhaps marginally understandable given the immense scope of the "transition" into government-run health care. But unless you have been asleep the past few weeks, you understand that the problems with the website were so colossal that only an incompetent and arrogant administration could have presided over them.

But you also know that as horrendous as the website problems are, they pale in comparison with the substantive problems with Obamacare and Obama's abject lies to pass the bill in the first place and his continuing pattern of deceit concerning this boondoggle.

You may choose, like New York Times editors, to become part of the lie and euphemize Obama's Obamacare lies as "misstatements." But that's an insult to anyone in possession of the left side of his brain. Actually, it's an insult to right-siders, too, because you'd have to be bereft of intuitive powers not to sense the enormity of the presidential deception.

It is inconceivable that Obama merely misspoke when he promised that Americans could keep their private plans and doctors if they liked them and when he said the premiums for an average family of four would decrease by $2,500. Those were cold, calculated lies designed to defraud the American people and their representatives into supporting Obama's "signature" legislative dream, which was never about increasing access, reducing costs, increasing quality and preserving choices. Rather, Obamacare has always been nothing less than the linchpin in Obama's bigger dream to fundamentally change America into a nation he could like instead of resent -- a socialist utopia rather than the land of the free, of the brave and of equal opportunity.

Those on the left who stubbornly insist on continuing to support Obama and his destruction of America need to re-evaluate him. Is your appetite for denial unbounded?

Those on the right who insist on continuing to pull their punches instead of calling it like it is will also eventually have America's blood on their hands.

We all had better wake up. There's only so much bitterness and covetousness a nation's leaders can arouse in its people before they reduce it to permanent mediocrity.

SOURCE

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCH,  POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC,  AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated) and Coral reef compendium. (Updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten.

List of backup or "mirror" sites here or  here -- for when blogspot is "down" or failing to  update.  Email me  here (Hotmail address). My Home Pages are here (Academic) or  here (Pictorial) or  here  (Personal)

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An extra sabbath

I am taking an extra Sabbath today.  I had an operation yesterday which has left me pretty groggy

Which ObamaCare shoe will drop next?

by Jeff Jacoby

FIRST IT was the debacle of Healthcare.gov, the botched ObamaCare website, that dominated coverage of the Affordable Care Act's rollout.

The new insurance exchanges were a disaster — technical malfunctions, frozen screens, interminable wait times, error messages, lost data. President Obama had promised that the new system would make getting health insurance as easy as shopping online — "the same way you'd shop for a plane ticket on Kayak or a TV on Amazon," he'd said. What he delivered instead, as Democratic Senator Max Baucus predicted months ago, was a "huge train wreck."

Last week that train wreck grew huger.

Hundreds of thousands of Americans are being notified that their health insurance policies will be cancelled, notwithstanding Obama's endlessly repeated assurance that "if you like your health care plan, you'll be able to keep your health care plan." But that claim, voters now realize, was also untrue.

As NBC News reported on Monday, "the administration knew that more than 40 to 67 percent of those in the individual market would not be able to keep their plans, even if they liked them." ObamaCare regulations promulgated in 2010 were designed to force millions of consumers into getting more comprehensive, more expensive, insurance coverage than they want or need. Yet over and over the president insisted that wouldn't happen — a falsehood so egregious it earned "four Pinocchios" from the Washington Post's fact-checker. And that was before Obama's trip to Faneuil Hall last week to scapegoat "bad-apple insurers" for selling Americans health-care plans they liked.

Remember Joe Wilson, the South Carolina congressman who yelled "You lie!" during Obama's health-care speech to Congress in 2009? His outburst was inexcusably rude. But in retrospect, it looks increasingly prescient.

Which shoe will be the next to drop? What other ObamaCare promise will voters discover was bogus? Perhaps it will be the claim that the president's health law won't add "one dime to our deficits — either now or in the future." Or the rosy pledge that it will lower premiums for the typical family by $2,500 per year. Or the vaunted assurance that it will "bend the cost curve downward." Or all of them.

But will it make any difference?

Complaints that politicians tell lies are as old as politics — and so, most of the time, is the public's willingness to live with those lies. Nearly all of us say we don't like being deceived by elected officials, but even brazen liars are routinely reelected. Polls consistently find that members of Congress have a rock-bottom reputation when it comes to ethical standards — in a recent Gallup survey, only 1 in 10 Americans gave Congress a high rating for honesty— yet the vast majority of congressmen seeking reelection are successful. Candidates preceded by a reputation for mendacity and insincerity get elected to the White House: Think of "Tricky Dick" Nixon or "Slick Willie" Clinton.

On the whole, society tends to be more tolerant of politicians who break their word or fail to keep a promise than of businesses that do so. Consider the CEO of Southwest Airlines, Gary Kelly, who has been adamant in recent years about not charging passengers for baggage. "Bags Fly Free" has been a mainstay of Southwest's advertising. "I don't want to be waffling on this," Kelly told an interviewer last year. "We're not going to charge bag fees, no way." In a conference call in April, he underscored the point: "Our brand includes 'bags fly free.' Period."

Representative Joe Wilson blurts "You lie!" during President Obama's health-care speech in 2009. His outburst was certainly rude. It was also prescient.

So it made news when Kelly hinted this month that Southwest's policy may change, if the company concludes that passengers will accept "an à la carte approach." Business leaders, like politicians, would rather paint a 180-degree reversal as an evolution, not a broken promise. But Kelly knows his margin for error is precarious. Unlike politicians, he and Southwest are answerable to the marketplace, where the penalty for deceiving customers or betraying shareholders can be swift and ruthless. No corporate executive would dare to be as cavalier about consumers' expectations as the White House has been with regard to the promises the president made about ObamaCare.

If Obama were the CEO of a private company, writes George Mason University economist Don Boudreaux, "he would be sued, publicly lambasted by all the major media, perhaps hauled before an admittedly grandstanding Congressional committee, and possibly prosecuted, convicted, fined, or even imprisoned for fraudulent misrepresentation." But politics isn't the marketplace, and politicians are held to a different standard. We entrust elected officials with far too much power, then routinely fail to hold them accountable when they abuse their power and betray that trust.

Ultimately the only solution to the problem of faithless politicians is to put less faith in politicians. For as government gets bigger, citizens get smaller — and public servants become impossible to control.

SOURCE

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Is The Tea Party Really All About Alger Hiss?

Unde malum et quare? Where does evil come from and why does it exist? That has always been one of the big questions; over at Bloomberg News, former White House macher and Samantha Power super-spouse Cass Sunstein says he’s solved at least one part of the riddle: he’s figured out the from whence and why of the Tea Party.

The Tea Party is a huge intellectual problem for blue model liberals. It sprang up out of nowhere, it lacks a formal leadership structure, and despite many obituaries in the MSM, it remains a significant force in the Republican Party and in American politics as a whole. It is everything Occupy Wall Street hoped to become, and the MSM did everything possible to make OWS flourish. It was hailed as a movement of historic impact, the start of a global trend, one of those epochal developments after which nothing will ever be the same—and it guttered out ignominiously.

The Tea Party, on the other hand, has flourished despite non-stop efforts to smother it in the media. While its record is mixed and, from a Democratic point of view not all bad (arguably, without unqualified Tea Party-backed candidates, the GOP would now have control of the Senate), its persistence annoys. It is almost as if the MSM’s power to shape American politics is on the wane.

Professor Sunstein (he teaches at Harvard Law) has a theory, though, about where the Tea Party comes from. It all goes back to Alger Hiss, a State Department official under Presidents Franklin Roosevelt and Harry Truman. After playing an important role in US policy in the Middle East and East Asia, he chaired the international committee that established the United Nations. On leaving the government in 1946 he went on to head the Carnegie Endowment for International Peace, then as now one of the most respected institutions of the foreign policy establishment.

Sunstein tells what happened next:

    "In his 1948 testimony before the House Committee on Un-American Activities, Whittaker Chambers, a writer and editor for Time magazine and a former Communist, identified Hiss as a Communist. Hiss adamantly denied the charge. He said he didn’t know anyone named Whittaker Chambers. Encountering his accuser in person, Hiss spoke directly to him: “May I say for the record at this point that I would like to invite Mr. Whittaker Chambers to make those same statements out of the presence of this committee without their being privileged for suit for libel?”

    Chambers took Hiss’s bait. In an interview on national television, Chambers repeated his charges. In response to the libel suit, he produced stolen State Department documents and notes that seemed to establish not merely that Hiss was a Communist, but that he had spied for the Soviet Union. Hiss was convicted of perjury.

    The conviction was stunning, for Hiss had been a member of the nation’s liberal elite. A graduate of Harvard Law School and a law clerk for the revered Supreme Court Justice Oliver Wendell Holmes, he held positions of authority in the Agriculture, Justice and State departments. He was tall, handsome, elegant, gracious, even dashing."

So how do we get from a perjurious traitor and his apologists to the Tea Party?

Well, for one thing, the liberal establishment stood by its man. Again, Professor Sunstein:

    "At his 1949 perjury trial, an extraordinary number of liberal icons served as character witnesses for Hiss, including two Supreme Court justices (Stanley Reed and Felix Frankfurter); John W. Davis, who was the Democratic presidential nominee in 1924; and Adlai Stevenson, who was to become the Democratic nominee for the presidency in 1952 and 1956."

But the real problem, says Sunstein, wasn’t that the liberal establishment was too clueless and too self-protected to recognize a dangerous traitor in its midst. It was that Hiss’s accuser, Whittaker Chambers, was “polarizing.” Here’s how Sunstein closes:

    "Chambers’ broader charge — that liberalism was a species of socialism, “inching its ice cap over the nation” — polarized the nation. His attack on the patriotism of the Ivy League elite reflected an important strand in American culture, and it helped to initiate suspicions that persist to this day.

    Liberals are no longer much interested in Hiss’s conviction, yet they are puzzled, and rightly object, when they are accused of holding positions that they abhor. We can’t easily understand those accusations, contemporary conservative thought or the influence of the Tea Party without appreciating the enduring impact of the Hiss case."

This is a surprisingly lame ending to the piece. After all, if Chambers’ attack on the Ivy League “reflected an important strand in American culture,” then the Tea Party must have deeper roots than one half-forgotten cause célèbre. It’s also not clear what he means by the reference to false accusations against liberals for holding positions that they abhor. Is that what Sunstein thinks the Tea Party is about? That if those unfortunate and paranoid folks understood liberals better, they would oppose them less?

There are some tinfoil hat types out there who think that President Obama and his cohorts are hiding Qu’rans in the White House and looking to introduce both socialism and Sharia as soon as they can. Nut jobs on both the left and the right and all kinds of cranky positions in between are an enduring part of American politics. But if Sunstein thinks that this is the energy that powers the Tea Party, he is very far from understanding either this phenomenon or American politics as a whole.

The Tea Party is mostly something much more conventional: a libertarian, small government protest against the centralization of federal power, and a populist resentment of snooty Ivy League professors who think the common people aren’t very smart. We’ve had these movements in America ever since colonial times; when Andrew Jackson defeated John Quincy Adams’ re-election bid in 1828, the 19th century forerunners of the Tea Party were in full cry.

We aren’t seeing a right-leaning populist surge today because of Alger Hiss; we are seeing it because many Americans believe that President Obama’s liberal and technocratic agenda represents a threat to a way of life they value. We are seeing it because many Americans blame the establishment of both parties both for the financial crisis and for the vast transfer of resources to the wealthy that came after the crash. We are seeing it because whether you look at foreign or domestic policy, the technocratic suggestions of the Great and the Good have not been helping ordinary Americans much for the last 20 years.

We don’t think Tea Partiers are wrong to see President Obama’s political goals as fundamentally opposed to their own vision of what America should be. They aren’t angry because they are stupid, and deep disagreement with technocratic liberalism is not a mental disease.

Some zealous Tea Partiers put two and two together and get eight, giving the Obama administration and its liberal backers credit for more foresight and cunning than they possess. There were those in 1800 who thought that John Adams was planning to introduce a monarchy into the United States. There were those on the right who thought that Franklin Roosevelt was a socialist; there were those on the left who thought Ronald Reagan was a fascist and that Margaret Thatcher hated poor people. But to confound a major current of American politics with the lunatic fringe is not a recipe for healing the nation or even for helping your side put some points on the board. There are birthers in the Tea Party, but the Tea Party is not the voice of birtherism.

But Professor Sunstein does have a point. The Hiss case was not a cause of the Tea Party, or even of the anti-intellectual tradition in American politics that Richard Hofstader analyzed in the early 1960s. It was, however, a prominent manifestation of the class snobbery and intolerance that so often shapes elite liberal responses to political events and that so frequently fills so many Americans with loathing and disgust.

For a generation after Alger Hiss was convicted on two counts of perjury, American liberals went on to defend him as a plumed knight and a martyr. They slimed his accusers as knuckle dragging know-nothings and McCarthyite enemies of freedom. They never forgave Richard Nixon for helping Whittaker Chambers. As the evidence against Hiss mounted, they fought a long rear-guard defense. Even today, Cass Sunstein doesn’t quite come out with the ugly truth. Instead he gives us a mealy-mouthed formulation:

    "Most of those who have carefully studied the case, and who have explored evidence emerging long after the trial itself, have concluded that Chambers was telling the truth and that Hiss did indeed perjure himself."

No, as Sunstein says,

    "Liberals are no longer much interested in Hiss’s conviction, yet they are puzzled, and rightly object, when they are accused of holding positions that they abhor."

Yes, liberals are the victims here. After decades of vicious invective and bile-spewing, liberals find the whole Hiss subject dull and don’t want to think about the case anymore—but they just hate it when other people don’t appreciate their selfless dedication to the public good.

SOURCE

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCH,  POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC,  AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated) and Coral reef compendium. (Updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten.

List of backup or "mirror" sites here or  here -- for when blogspot is "down" or failing to  update.  Email me  here (Hotmail address). My Home Pages are here (Academic) or  here (Pictorial) or  here  (Personal)

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Obamacare's Authoritarian Problem

You can't keep your insurance if you like it under Obamacare, because you're too ignorant to understand what's good for you.

That's the argument we've been hearing from a lot of folks on the left -- an argument that pivots from "common good" to soft authoritarianism. President Barack Obama is all in, as well, claiming that he was merely guilty of forcing Americans to pick a "Ferrari" health care plan over a "Ford" one. (Is it really "picking" if you're forced?)

This is necessary because health care is not a product as a toaster is a product. (It took me only a few seconds online to find 613 different types of toasters, ranging in price from more than $300 to $15. They weren't subsidized, and I even could carry them across state lines. If health care were like toasters, we'd all be in great shape.) And as they do with anything that features negative externalities, technocrats will tinker, nudge and, inevitably, push.

"America doesn't have a free-market health care system and hasn't for decades," Business Insider's Josh Barro wrote in a piece titled "If You Like Your Health Plan, You Probably Shouldn't Be Able To Keep It." "With taxpayer subsidies so embedded in everybody's plan purchasing decisions, taxpayers have a legitimate interest in ensuring that health plans serve the public interest, not just private interests."

"Legitimate" is a malleable adjective. Just think of all the other areas of American society that are subsidized by taxpayers. Agriculture, higher education, the auto industry, the banking industry, professional sports, marriage -- the possibilities are endless. Why is Washington allowing 20-year-old college students to work on business degrees when we need them to be engineers and factory workers? We subsidize, so why don't we decide?

CNN.com contributor Sally Kohn wrote a piece titled "A canceled health plan is a good thing." You're not getting what you want; you're getting what you need. Kohn -- unsheathing the "public good" justification that opponents of same-sex marriage regularly use -- failed to mention even once that the president explicitly assured Americans while campaigning for the Affordable Care Act that "if you like your plan, you can keep it." NBC News is reporting that the Obama administration knew that millions of Americans would probably lose their current health plans because of the implementation of the law, yet it went on lying.

It's almost as if some people believe lying is acceptable -- even preferable -- if the political outcomes are morally pleasing to them. Many Obamacare supporters, in fact, are beginning to sound as if they couldn't care less about process, the law, order, competence or anything that undermines the goal of putting your health care choices into more capable hands.

But even the more specific arguments do not stand up to scrutiny.

Admittedly, many people do stupid things that aren't good for them. And though I may not know exactly what I need, I probably know as much about what I need as Kohn or Obama -- or even the 51.1 percent of the electorate that voted for the president. The reason Kohn and many of the others believe that Americans should be thankful for a paternalistic administration that en masse pushed us into (supposedly) top-shelf plans is that they don't believe in markets or they don't understand how they work -- and in some cases, it's both.

Let me put it this way: There's this Chinese restaurant near my house. It's not the cleanest place, granted. And the folks who "work" there are, it seems, completely uninterested in my dining experience. The food is priced accordingly. But I love the dumplings. It's really all that matters to me. There's another Chinese place nearby. This one is newer. It has a friendly and attractive staff. It offers me clean silverware, and I walk on expensive contemporary tiles. All that classy stuff is nice, and it's also embedded into the price of my dumplings -- which are no better. I don't want to pay for the tiles. I just want the dumplings.

In health care and other things, we often pick plans that offer us something we value above other things. Americans don't need all their plans to look the same. Maybe some of them like the customer service; maybe some like the stability of staying with one company for many years. This is why having 600 toasters in an open market is preferable to having a handful of choices in a fabricated "market" exchange -- and why choice is better for us than coercion.

SOURCE

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Islamists salivate over Bill de Blasio, New York's mayor-in-waiting

Mayor Michael Bloomberg's successor will bring change to New York City, and some of it is likely to warm an Islamist's heart. Consider the NYPD's post-9/11 intelligence-gathering operations inside the Muslim community. Bloomberg and Police Commissioner Ray Kelly have defended these counterterrorism tactics against years of criticism; long-shot Republican candidate Joe Lhota also supports them.

However, Democratic frontrunner Bill de Blasio has pledged to replace Kelly and clearly seeks to curb the NYPD, telling Muslims that "the efforts of surveillance have to be based on specifically specific information."

Recapping the Islamist terror plots thwarted by the NYPD, writer Daniel Greenfield explains that "the standard of 'specifically specific information' would have led to the deaths of countless New Yorkers." He adds: "They relied on informants drawing out potential terrorists, instead of waiting blindly for them to strike. If Bill de Blasio has his way, that will no longer be something that the NYPD will be able to do."

The sole silver lining is that any resulting tragedy will prompt the swift repudiation of such kinder, gentler counterterrorism — at least until forgetfulness triumphs once more.

Another probable change involves city schools. Both de Blasio and Lhota favor closing them on Eid al-Fitr and Eid al-Adha, a move that Bloomberg opposes. One can reasonably argue that Muslim holidays should be treated no differently than Jewish holidays if the two populations are of comparable size. Yet there are drawbacks to altering the calendar. First, the mere prospect of adding Muslim holidays has already sparked a flood of requests that other groups be similarly recognized. Second, this concession will only embolden Islamists to demand more — and that is never a happy outcome.

Left: Conspiracy theorist Linda Sarsour spoke at the October 16 rally of Muslims for de Blasio. Right: CAIR's Zead Ramadan, who has characterized NYPD counterterrorism work as "f—ked up," also attended the event, a month after he was trounced in a City Council primary.

Voters reject CAIR candidate for New York City Council

One piece of positive news from Gotham: Zead Ramadan, a longtime senior official with the local branch of the Council on American-Islamic Relations (CAIR), came up far short in his bid to represent Manhattan's District 7 on the New York City Council. Despite some significant endorsements, including one from former mayor David Dinkins, Ramadan garnered a paltry 657 votes, 3.6 percent of the 18,010 cast in that district's Democratic primary election.

A 2013 IW article outlines Ramadan's Islamist record. In addition to having served as board president of CAIR-New York, one of the notorious pressure group's more radical chapters, he has smeared the U.S. on Iranian state-controlled TV, refused to denounce the Hamas terrorist organization, and blasted NYPD counterterrorism activities. His defeat is a victory for New York.

SOURCE

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Why Aren't People Grateful for the Better Health Plans (or Light Bulbs) Mandated by the Government?

Shane JansenShane JansenThe New York Times notices that the Patient Protection and Affordable Care Act—under which, President Obama assured us, we could keep our health plans if we liked our health plans—has resulted in the cancellation of medical coverage for "hundreds of thousands of Americans in the individual insurance market." But the article treats this phenomenon mostly as a Republican talking point, as opposed to an actual problem. "Cancellation of Health Care Plans Replaces Website Problems as Prime Target," says the headline. "After focusing for weeks on the technical failures of President Obama's health insurance website," says the lead, "Republicans on Tuesday broadened their criticism of the health care law, pointing to Americans whose health plans have been terminated because they do not meet the law's new coverage requirements." The Republicans even have props:

    "Baffled consumers are producing real letters from insurance companies that directly contradict Mr. Obama’s oft-repeated reassurances that if people like the insurance they have, they will be able to keep it....

    The cancellation notices are proving to be a political gift to Republicans, who were increasingly concerned that their narrowly focused criticism of the problem-plagued HealthCare.gov could lead to a dead end, once the website's issues are addressed."

The Times does intimate that canceled health insurance is perceived as a problem by those who experience it but repeatedly suggests that it's not that big a deal. "The affected population, those who bought insurance on their own, is a small fraction of an insurance market dominated by employer-sponsored health plans," it says. (Won't the government's new minimum coverage requirements force changes in those plans too, and won't that result in higher costs for employees?) "Tens of millions of people are finding that their insurance is largely unchanged [except for the cost?] by the new health care law," a sidebar notes.

What about the others? "In many of those cases," the Times says, "the insured have been offered new plans, often with better coverage but also at higher prices." At a House Ways and Means Committee hearing yesterday, Marilyn Tavenner, administrator of the Centers for Medicare & Medicaid Services, likewise emphasized (as paraphrased by the Times) that "the new policies would provide more benefits and more consumer protections than many existing policies."

Tavenner seems to think that makes it OK to force people out of their old policies and into the new, government-approved ones. Yet people who buy coverage on the individual market already have weighed the tradeoffs and decided they do not want the benefits that the federal government insists they should have. Overriding those judgments is like demanding that car buyers looking for an economical subcompact buy a hybrid minivan instead. Sure, it costs more, but it's a better vehicle! Look at all that space for children! And if the buyer happened to be a bachelor, he would be in the same position as all the people compelled to buy "maternal coverage" or "substance abuse services" for which they have no use.

Even features that pretty much everyone would like if all other things were equal, such as low deductibles and generous prescription drug coverage, cost money. People who deliberately forgo them have decided they are not worth the price. By what right does the government tell them they are wrong?

The argument that the insurance mandated by Obamacare costs more, but it's worth it reminds me of the debate over the creeping federal ban on incandescent light bulbs. There, too, consumers had made a choice that politicians and bureaucrats did not like: They overwhelmingly preferred traditional bulbs, despite their inefficiency, because they were much cheaper than the alternatives. But consider the energy savings! "A household that upgrades 15 inefficient incandescent light bulbs," an Energy Department official enthused, "could save about $50 per year." Consumers unimpressed by that calculation were clearly too stupid to be making decisions for themselves, so they had to be forced into better (albeit more expensive) choices.

SOURCE

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Next Week's New Yorker Cover Takes on Healthcare.gov Glitches

With Obama on a "brick" phone from about 20 years ago

Everyone is jumping on the ‘making fun of Obamacare’ bandwagon. Last weekend the cast of SNL made fun of rollout train wreck and now the New Yorker is joining that group. This coming week’s cover (as seen below) is a drawing of Sebelius crossing her fingers and President Obama on the telephone, huddled around a computer with a tech trying to make it work.



This is quite amusing because the tech guy is trying to use a floppy disc to make improvements on the healthcare.gov website. As many people know, the use of floppy discs has basically become so outdated they are not in use anymore. Perhaps it is time to do more than hire outdated techs and just crossing your fingers to make things better.

SOURCE

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCH,  POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC,  AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated) and Coral reef compendium. (Updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten.

List of backup or "mirror" sites here or  here -- for when blogspot is "down" or failing to  update.  Email me  here (Hotmail address). My Home Pages are here (Academic) or  here (Pictorial) or  here  (Personal)

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Lies on Lies on Lies



Obama was in Boston this week, attempting to deflect attention from his key O'Care sales pitch promise that Americans could keep their insurance and doctors, “period” – a remark even the Washington Post classified as a “WHOPPER.” Obama doubled down on the lie: “If you had one of these substandard plans before the Affordable Care Act became law and you really liked that plan, you're able to keep it. That's what I said when I was running for office. That was part of the promise we made.”

Analysts now believe that more than 90 million plans are at risk of alteration or cancelation, both individual and corporate policies, and that this information was known to the administration in 2010. The lie just keeps getting bigger.

Back in Washington, Health and Human Services Secretary Kathleen Sebelius, the Obama bureaucrat directly responsible for the failed launch of ObamaCare, was planting prevarications before Congress.

Sebelius admitted that the Healthcare.gov rollout was “miserably frustrating” and said, “I'm responsible.” She then proceeded to deny responsibility, and even repeated her boss's lie about consumers being able to keep their health plan if they like it. Period. She argued, “[I]f a plan was in place in March of 2010 and, again, did not impose additional burdens on the consumer, they still have it. It's grandfathered in.” She complained that, before ObamaCare, the insurance market was “unregulated.” That's patently false, and, of course, those pesky “additional burdens” – like mandatory maternity coverage even for single men – were placed on insurance companies by HHS and ObamaCare regulations. So much for accountability.



Sebelius also told Congress, “The website [Healthcare.gov] never crashed. It is functional, but at a very slow speed and very low reliability.” But when she was asked to disclose the enrollment numbers, she replied, “The system isn't functioning, so we are not getting that reliable data.” Her flip-flop is hardly surprising, but concerning her original comment, the system's constant failure is one of the primary reasons she was on Capitol Hill, not to mention the reason that the majority of consumers have been unable to enroll. Additionally, her statement was made all the more ironic considering the site crashed moments before Sebelius began her remarks. Half an hour into her testimony, the exchange was still dead in the water. (For the record, CBS reveals that only 6 individuals successfully enrolled within the first 24 hours of the exchange's launch.)

Yet another laughable moment came when Sebelius insisted that it would be “illegal” for her to obtain insurance coverage through the exchanges. There are, however, just three requirements listed on Healthcare.gov for purchasing a plan on an exchange: Buyers “must live in the United States”; “must be a U.S. citizen or national (or be lawfully present)”; and “can't be currently incarcerated.”

The secretary didn't even know whether Healthcare.gov is a secure website. Rep. Mike Rogers (R-MI), Chairman of the House Intelligence Committee and a former FBI agent specializing in electronic security issues, chastised Sebelius and by extension, Obama, for the lack of security at Healthcare.gov: “You allowed this system to go forward with no encryption on backup systems. They have no encryption on certain boundary crossings. You accepted a risk on behalf of every user [and] put their personal financial information at risk because you did not have even the most basic end to end test on security of this system.” As The Patriot noted months ago, one of the liabilities that will plague Democrats who supported ObamaCare is the fact that it will be an easy mark for ID theft.

ObamaCare is also proving to be the biggest voter registration fraud scheme in our country's history. The Medicaid sign-up portal is not only signing folks up for subsidized health care, but to vote! Under current federal law (“Motor Voter”), when someone goes to the DMV for a driver's license, he or she is asked whether or not they want to register to vote. Under the ObamaCare application process, if you apply for Medicaid, you are automatically registered to vote unless you opt out (by completing a form designed to unduly complicate the process).

Finally, as we've said before, while Sebelius is indeed responsible for much of the current debacle, to suggest she should resign implies that a better HHS secretary might have made it work. Fact is, the failure of the rollout is but a metaphor for the reality that a government bureaucracy can't even effectively manage a basic commerce website for insurance comparisons – much less an enterprise that encompasses 18% of the U.S. economy.

 SOURCE

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None dare call it tyranny

Intimidation.  It is an ugly word bringing to mind mobsters threatening to burn down a shop owners store if he doesn’t buy fire insurance, or a loan shark enforcers breaking legs to send a message to someone who bet the wrong horse.

It is even uglier when it is used in conjunction with the Presidency in a nation that has historically prided itself as being above the raw use of power to achieve one’s political ends.

CNN, one of the most vocal supporters of President Obama and his policies reported on October 30, that health insurers which are now heavily regulated under Obamacare “feared retribution” if they expressed their displeasure with the rollout of Obamacare.  Fearing retribution and not taking an action due to that fear is almost a classic definition of successful intimidation.

CNN News Anchor Carol Costello reported that she felt intimidated when reporting on the presidential race saying, “I mean President Obama’s people can be quite nasty. They don’t like you to say anything bad about their boss, and they’re not afraid to use whatever means they have at hand to stop you from doing that, including threatening your job [emphasis added].”

Now, Costello never claimed to have changed any story she produced as a result of this atmosphere of intimidation, but it is hard to imagine many reporters not choosing to present the campaign party line rather than give a more balanced perspective when their very jobs may have been at risk.

Earlier in October, an award winning freelance journalist who had written exposes about malfeasance at the Department of Homeland Security’s Transportation Safety Administration found her home raided by a combination of Maryland State Troopers and DHS agents over allegations that she had purchased a potato launcher over the Internet five years prior.  Apparently, the anti-potato launcher section of Homeland Security decided that a nice 4:30 am raid of the reporter’s home was needed five years after the purchase which was apparently illegal in Maryland, but legal under federal law.

While Marylanders were made safe from random potato attacks, DHS officials made off with all of the reporters notes on the TSA case, including the names of the whistleblowers who unveiled the illegal activity.

The Washington Times Editor John Solomon promised legal action against DHS stating, “While we  appreciate law enforcement’s right to investigate legitimate concerns, there is no reason for agents to use an unrelated gun case to seize the First Amendment protected materials of a reporter.”

Solomon continued by arguing, “This violates the very premise of a free press, and it raises additional concerns when one of the seizing agencies was a frequent target of the reporter’s work.”

In the months prior, the Obama Administration’s Justice Department admitted that they had tapped the phones of Associated Press reporters for months in an attempt to find reporter’s sources.

The Obama Administration even has gone so far as to contend that Fox News Washington’s James Rosen aided and abetted a breach of national security for doing his job and reporting information provided to him by a government official.  Unlike some cases in the past where reporters were put in jail for contempt of court for refusing to name a source, Rosen has come under legal jeopardy for simply reporting a story.

The New Yorker’s Ryan Lizza succinctly summed up the abuse of government power tweeting, “If James Rosen’s ‘clandestine communications plan’ were illegal, every journalist in Washington would be locked up. Unreal.”

With this history can anyone still be surprised at Obama’s use of the IRS and other agencies of the federal government to intimidate political foes?

Can anyone remain naïve enough to believe that actions taken against True the Vote’s Catherine Engelbrecht by the IRS, OSHA and ATF was anything but a coordinated federal government wide effort to shut her up.  The inter-agency assault on Engelbrecht could only have been directed from the one place that breaks down the barriers between federal government agencies — the White House.

Intimidation is a standard tactic in NASCAR, the NFL, Major League Baseball, and most sporting events.  It is even attempted when elected officials try to stare down each other and interest groups with threats, voiced or veiled, of future ramifications for political actions.

But the brazen intimidation of the media and political opponents by this Administration goes far beyond the always implied threat that if I don’t like the story you write, I won’t give you the next one, to direct threats against one’s livelihood and indeed, freedom.

In America there is no place for raiding reporter’s homes, bugging their phones and threatening to indict them in order to obtain their sources.  The sanctity of a reporter’s source is well established in our nation’s courts, yet in Obama’s America, whistleblowers are nothing more than ducks in a shooting gallery.  This doesn’t just chill the ability of reporters to get information from the inside of government, but puts it in a deep freeze, because no whistleblower can ever again expect his or her anonymity to be protected, and without that protection, information dries up.

In Obama’s America, the Internal Revenue Service becomes what everyone has always feared, an Agency that selectively enforces the law based upon the politics of those in power.

None dare call it tyranny, but when freedom of the press comes under wholesale attack, and a government uses its vast resources to assault and intimidate its political enemies, what you call it really just comes down to semantics.

 SOURCE

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Jay Carney Berates Insurance Companies For Complying With Obamacare

Speaking to reporters Tuesday White House Press Secretary Jay Carney blamed loss of healthcare coverage for millions of Americans on insurance companies complying with the Affordable Care Act.

"Insurers pulled those plans away from them," Carney said. "The law [Obamacare] could not order insurers not to cancel that plan."

Millions of health insurance plans are no longer available because they do not meet Obamacare standards and regulations. Carney's comments come less than 24 hours after information surfaced showing President Obama knew millions of Americans would be losing their health insurance plans under Obamacare despite promising, "If you like your health care plan, you will be able to keep your health care plan. Period. No one will take it away. No matter what."

When pressed on the issue of millions losing individual insurance plans they wanted to keep, Carney said it is five percent of the population being affected by insurance loss. That five percent adds up to 14 million people.

"We're talking about 5% of the country," Carney said after justifying losses and referring to the individual marketplace as a "wild west" that needed more regulation.

Now that the Obama administration is taking heat from all sides on the loss of insurance, the White House is pivoting back to blaming insurance companies for the loss of those plans, not Obamacare itself, which makes millions of plans illegal.

SOURCE

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Court Rules Obama Admin Can’t Make Catholic Family Business Follow contraception Mandate

A powerful federal appeals court ruled today that a Catholic family-run business does not have to comply with the Obamacare abortion mandate requiring it to pay for birth control and drugs that may cause abortions.

Francis A. Gilardi, Jr. and Philip M. Gilardi, two brothers who own and control two companies that are involved in the processing, packaging, and transportation of fresh produce, filed suit against the Obama administration on behalf of their business, Freshway Foods, a nearly 25 year old family-owned fresh produce processor and packer, which serves 23 states and has 340 full-time employees.

Both companies are located in Sidney, Ohio, a city in west-central Ohio located about 40 miles north of Dayton. The owners, who are Catholic, contend that the HHS mandate requiring coverage for contraception, sterilization, and abortion-inducing drugs – violates their religious beliefs.

The D.C. Circuit Court of Appeals — the second most influential bench in the land behind the Supreme Court — ruled in favor of the brothers. Requiring companies to cover their employees’ contraception, the court ruled, is unduly burdensome for business owners who oppose birth control and abortion on religious grounds.

“The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan,” Judge Janice Rogers Brown wrote on behalf of the court.

“They can either abide by the sacred tenets of their faith, pay a penalty of over $14 million, and cripple the companies they have spent a lifetime building, or they become complicit in a grave moral wrong,” Brown wrote.

The Obama administration said that the requirement is necessary to protect women’s health and abortion rights. The judges were unconvinced that forcing companies to violate their religious rights was appropriate.

Brown wrote that “it is clear the government has failed to demonstrate how such a right — whether described as noninterference, privacy, or autonomy — can extend to the compelled subsidization of a woman’s procreative practices.”

 SOURCE

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCH,  POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC,  AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated) and Coral reef compendium. (Updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten.

List of backup or "mirror" sites here or  here -- for when blogspot is "down" or failing to  update.  Email me  here (Hotmail address). My Home Pages are here (Academic) or  here (Pictorial) or  here  (Personal)

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Americans were warned about Obamacare -- despite vigorous efforts to suppress the warnings

Michelle Malkin

U.S. Secretary of Health and Human Services Kathleen Sebelius is allergic to the truth. She is the ruthless enforcer of Obamacare's Jenga tower of lies upon lies upon lies. Now that this fatally flawed government edifice is collapsing, you can expect Sebelius to do what she has done her entire career: blame, bully and pile on more lies.

Three years ago, when insurers and other companies had the audacity to expose Obamacare's damage to their customers and workers, Sebelius brought out her brass knuckles. Remember? As I reported at the time, the White House coordinated a demonization campaign against Anthem Blue Cross in California for raising rates because of the new mandate's costs. Obama singled out the company in a "60 Minutes" interview, and Sebelius sent a nasty-gram demanding that Anthem "justify" its rate hikes to the federal government.

A private company trying to survive in the marketplace was forced to "explain" itself to federal bureaucrats and career politicians who have never run a business (successful or otherwise) in their lives. Sebelius went even further. She called on Anthem to provide public disclosure of how the rate increases would be spent -- a mandate that no other private companies must follow.

In an even more heavy-handed effort to suppress criticism, Sebelius wrote America's Health Insurance Plans (AHIP), the national association of health insurers, "calling on their members to stop using scare tactics and misinformation to falsely blame premium increases for 2011 on the patient protections in the Affordable Care Act." The threatening cease-and-desist letter commanded: "I urge you to inform your members that there will be zero tolerance for this type of misinformation and unjustified rate increases. ... Simply stated, we will not stand idly by as insurers blame their premium hikes and increased profits on the requirement that they provide consumers with basic protections."

The speech-stifling gag order declared war on every opponent of Obamacare who dared to question the administration's phony claims of cost-savings or expanded access. When McDonald's notified the feds that it might have to cancel health insurance plans for 30,000 workers because of Obamacare's effective prohibition on low-cost plans, Sebelius slammed The Wall Street Journal for reporting the story. She then rushed to issue McDonald's an Obamacare waiver, the first of thousands to quell criticism and bleeding.

Health care policy analyst Merrill Matthews points out that Sebelius cracked her whip against health insurer Humana even before the law had passed. When the insurer warned seniors that an Obamacare proposal to cut reimbursements could harm their Medicare Advantage benefits and coverage, Sebelius demanded that the company "suspend potentially misleading mailings to beneficiaries about health care and insurance reform."

The warning, of course, proved true. In September 2010, Harvard Pilgrim Health Care canceled MA policies covering 22,000 seniors precisely because of Obamacare rules on reimbursements and MA-style plans.

Sebelius' power-mad partner on Capitol Hill, Henry Waxman, targeted companies including Deere, Caterpillar, Verizon and ATT in a brass-knuckled effort to silence companies speaking out about the cost implications and financial burdens of Obamacare. After the firms reported write-downs related to the Obamacare mandate (disclosures that are required by law), Waxman scheduled an inquisition hearing to berate them publicly. After the Democrats' own congressional staff pointed out that the companies "acted properly and in accordance with accounting standards" in submitting filings that were required by law, Waxman called off the hounds.

It was a temporary reprieve. Caught with their pants down on the Obamacare website abomination and unable to stifle the cries of millions of Americans who are unable to keep the plans and doctors they like, Sebelius and her corrupt company are now blaming insurers, contractors and customers for the Obama administration's ideological mess. In short: They lied, but for your own good. Culture of Corruption 101.

SOURCE

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Federal officials seek to impose racial preferences on banks and financial sector under Dodd-Frank Act

At the National Review, Roger Clegg discusses the racial “diversity quotas” that may result from a proposed regulation under the 2010 Dodd-Frank Act, which expanded federal control over banking.  That law contains racial diversity mandates drafted by Congresswoman Maxine Waters, a Castro-loving, left-wing ideologue who called the Los Angeles race riots that destroyed many Korean-owned shops an “uprising” against injustice. Waters once told a CEO in a Congressional hearing, “This liberal will be all about socializing . . . .uh, uh . . . would be about, basically, taking over and the government running all of your companies.”

As Clegg points out, the proposed racial “diversity” regulation is legally dubious, and even more burdensome to regulated businesses than one would have expected:

Today a number of Obama administration agencies with financial-sector regulatory responsibilities have jointly published in the Federal Register a proposed “Policy Statement Establishing Joint Standards for Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies.”  The statement comes as a result of Section 342 of the Dodd-Frank legislation, which requires these agencies each to “establish an Office of Minority and Women Inclusion” that, in turn, is to develop diversity and inclusion standards for workplaces and contracting.

The proposed statement is even worse than the bill itself, since it aggressively applies not only to the agencies themselves but also to all those regulated by it, and repeatedly insists on the use of “metrics” and “percentage[s]” (i.e., numerical quotas) to ensure compliance. And while the statute at least cautions that diversity efforts are to be undertaken “in a manner consistent with the applicable law” . . . there is no such nod in the proposed statement, nor is there any mention of stopping or preventing discrimination – the only possible [constitutional] justification for consideration of race, ethnicity, and sex in hiring, promotion, and contracting.

As Clegg (who served as Associate Deputy Attorney General and Acting Assistant Attorney General) notes, the statutory provision that led to these proposed racial preferences was “criticized by the Wall Street Journal, four members of the U.S. Commission on Civil Rights, Diana Furchtgott-Roth,” and other lawyers and economists. (The Dodd-Frank Act was passed along party lines by a Democratic Congress with President Obama’s backing.) Clegg wrote a “short summary of Section 342 here, and Christopher Byrnes wrote a much more comprehensive analysis of the statute, here. Comments on the proposed statement are due by Christmas Eve.”

Racial preferences don’t have to rise to the level of racial quotas to violate the Constitution; milder racial preferences can be illegal as well, as is illustrated by the D.C. Circuit Court of Appeals’ decision in Lutheran Church—Missouri Synod v. FCC (1998), which struck down the FCC’s attempt to pressure broadcasters to hire more minorities and women to promote “diversity.”  While the courts have countenanced the use of race to promote “diversity” in the college setting, they have often refused to allow the use of race to promote “diversity” in the employment setting (see court rulings such as Lutheran Church v. FCC, 141 F.3d 344 (D.C. Cir. 1998); Messer v. Meno, 130 F.3d 130 (5th Cir. 1997); and Taxman v. Board of Education of Piscataway, 91 F.3d 1547 (3rd Cir. 1996)). Similarly, the D.C. Circuit earlier declared unconstitutional the FCC’s use of gender in awarding broadcast licenses in order to promote “diversity,” in Lamprecht v. FCC, 958 F.2d 382 (D.C. Cir. 1992).

Since a desire for “diversity” is not sufficient reason to use race or gender in hiring, it is unconstitutional for this proposed Dodd-Frank regulation to require banks to use such “diversity . . . considerations in both employment and contracting,” including “hiring, recruiting, retention and promotion.”  Such a requirement runs afoul of the Constitution even when it does not require a bank to hire a specified percentage of minority employees.

While it is unclear how much this “diversity” requirement will actually increase minority representation, it is clear that from the length and complexity of the proposed rule that it will impose substantial compliance costs on banks (you can find the proposed regulation implementing the diversity requirement at this link).

The proposed rule also requires the use of racial “diversity” considerations in contracting. But contracts cost far more when they are awarded based on race, rather than to the lowest bidder. Even fairly mild racial preferences impose substantial costs on businesses and taxpayers.

For example, in the Domar Electric case, Los Angeles accepted a bid for almost $4 million to complete a contract rather than the lowest bid of approximately $3.3 million, at a cost to taxpayers of more than $650,000. The lowest bidder was rejected solely because it failed to engage in affirmative action in subcontracting. California’s Proposition 209 later limited this sort of racial favoritism by banning racial preferences in state government programs, saving taxpayers money. A number of state affirmative-action programs have since been struck down under Prop. 209, saving taxpayers millions of dollars. (I cite the Domar case because it involved an affirmative-action program that has been depicted by supporters as unobjectionable and unburdensome because it did not mandate racial quotas or fixed percentages. Racial quotas can lead to even larger disparities between the lowest bid and the bid accepted by the government, resulting in much higher costs to taxpayers).

I wrote earlier about how provisions of the Dodd-Frank Act violate equal protection guarantees and property rights at this link.

SOURCE

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Racial Preferences in Obamacare, and Discrimination, Too, Based on Weird Ideology

The Daily Caller has an interesting story about race-conscious provisions and racial preferences contained in Obamacare. It’s a subject that has received remarkably little attention, even though the U.S. Commission on Civil Rights concluded back in 2009 that the healthcare bill was racially discriminatory, in two ways. First, the law is filled with “sections that factor in race when awarding billions in contracts, scholarships and grants” and give “preferential treatment to minority students for scholarships.” Second, as an African-American member of the Commission noted, it ”creates separate and unequal operating standards for long-term care facilities that serve racial and ethnic minorities.” By granting HHS “the discretion to waive substantial penalties . . . for failing to report elder abuse and other crimes committed against residents of long-term care facilities that serve racial and ethnic minorities,” it ”could increase the probability that residents of such facilities won’t receive the same level of protection as residents of nursing homes that serve non-minority populations.”

As the Daily Caller notes, some of these racial preferences reflect a weird theory promoted by certain Obamacare architects: that the healthcare system should promote “racial concordance,” a fancy word for “pairing patients and doctors of the same race, a goal toward which the law channels taxpayer dollars.” The idea is that patients do better with doctors of the same race. But this motivation for using race conflicts with Supreme Court rulings, which reject such racial pairing as a reason for using race.

While the Supreme Court has allowed the government to use race in hiring or admissions for certain other reasons (to remedy the effects of the government’s own past discrimination, and, in the college setting, to promote diversity in admissions), it has rejected using race for reasons like this. In its decision in Wygant v. Jackson Board of Education (1986), the Supreme Court rejected using race to give minority students teachers of their own race. It observed that pairing people by race perpetuates, rather than dismantles, segregation: “Carried to its logical extreme, the idea that black students are better off with black teachers could lead to the very system the Court rejected in Brown v. Board of Education,” the Supreme Court noted. (Indeed, defenders of segregation had once defended having all-black and all-white schools precisely in order to provide role models for minority students.) Earlier, in its Bakke decision, the Supreme Court expressed skepticism about the value of providing minority physicians for minority patients, refusing to allow a state university to give minority applicants a racial preference in admissions to medical school in order to give minority patients access to physicians of the same race, and ruling that the university had “not carried its burden of demonstrating that it must prefer members of particular ethnic groups over all other individuals in order to promote better health care delivery to deprived citizens.”

The Daily Caller argues that “Obamacare seeks to segregate patients, doctors by race.” While this may be painting with too broad a brush, Obamacare does not seem to rely on the justifications for using race that have been blessed by the Supreme Court, like remedying the present effects of the federal government’s own past discrimination against minorities. This is fatal, because an improper motivation for using race taints an otherwise valid affirmative-action program, under Supreme Court decisions like Shaw v. Hunt. Even if the government had discriminated against minorities in the past, and the effects of that discrimination lingered today, that could only justify using race in minorities’ favor if remedying their effects was Obamacare’s “actual purpose” for using race, and its use of race cannot be justified if such a remedial rationale “did not actually precipitate the use of race.” (See Shaw v. Hunt, 517 U.S. 899, 908 n.4, 910 (1996)).

Regardless of Obamacare’s motive for using race, its racial preferences and discrimination are unconstitutional under existing precedent. Any federal discrimination against minorities in healthcare is either too isolated, or too far in the past, to support the use of racial preferences in the present. Even a history of discrimination against minorities by the government cannot justify the use of race now unless the discrimination is recent. (See, e.g., Brunet v. Columbus, 1 F.3d 390 (6th Cir. 1993) (discrimination that occurred 17 years ago does not support affirmative action today); Hammon v. Barry, 813 F.2d 412 (D.C. Cir. 1987).)

Moreover, to justify racial preferences, the discrimination against minorities must have been “intentional,” not merely “disparate impact” (“disparate impact” is a race-neutral practice that disproportionately weeds out minority applicants, like a standardized test that more blacks flunk than whites). See People Who Care v. Rockford Board of Education, 111 F.3d 538, 534 (7th Cir. 1997); Builders Association of Chicago v. County of Cook, 256 F.3d 642, 644 (7th Cir. 2001).

In 2009, the U.S. Commission on Civil Rights criticized the racial preferences in the healthcare bill, saying that they were likely unconstitutional under the Supreme Court’s 2000 Adarand decision, which subjected race-based affirmative action to “strict scrutiny” and barred federal racial preferences absent evidence that they are needed to remedy intentional past discrimination by the government. In cases like Rothe Development Corp. v. Department of Defense and the Western States Paving case, the courts have sometimes struck down federal affirmative-action plans sponsored by liberal lawmakers, citing the Supreme Court’s Adarand decision. ObamaCare goes even further in mandating the use of race than past affirmative action plans.

Racial preferences are not limited to Obamacare. Earlier, we wrote about unconstitutional requirements that banks and financial institutions use race in hiring and contracting, requirements contained in a recent proposed regulation to implement the 2010 Dodd-Frank Act.

Obamacare contains not only racial discrimination, but also other kinds of discrimination, such as massive marriage penalties that discriminate against married people. The healthcare law also contains huge work disincentives for some people. It has also reduced hiring and resulted in employers replacing full-time employees with part-time workers, driving even unions that once backed it to seek its repeal or replacement. It has also caused layoffs in the medical device industry.

SOURCE

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCH,  POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC,  AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated) and Coral reef compendium. (Updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten.

List of backup or "mirror" sites here or  here -- for when blogspot is "down" or failing to  update.  Email me  here (Hotmail address). My Home Pages are here (Academic) or  here (Pictorial) or  here  (Personal)

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The Chicago way

A US politician is to serve more than two years in jail after lashing out on an elk head, guitars and a gold watch - with money earmarked for his campaign.  Former US Congressman Jesse Jackson Jr has been found guilty of spending almost $800,000 in campaign funds on himself during the 2008 presidential race.

Jackson, the son of civil rights leader Reverend Jesse Jackson, is in federal custody today as Inmate No. 32451-016 at the Butner Correctional Centre, North Carolina.  Federal prison guidelines indicate the former legislator with a fondness for luxury will be assigned a cell - possibly sharing a room with other convicts - and a menial job working for less than a dollar an hour. His fellow inmates include Wall Street fraudster Bernie Madoff.

Jackson's wife, Sandi, was given a yearlong sentence for filing false tax returns. In a concession to their two school-aged children, the judge allowed the Jacksons to stagger their sentences.

Jackson used campaign money to buy a $US43,350 gold-plated Rolex watch and $US9,587.64 on children's furniture, according to court papers filed in the case. His wife spent $US5,150 on fur capes and parkas, according to court documents.

Jackson represented his Chicago-area constituents in the House from 1995 until he resigned last November following months of speculation about his health and legal problems.

Jackson, 48, was once a rising star in the Democratic party and an early supporter of President Barack Obama, who served the Illinois state Senate and then represented the state in the US Senate.

SOURCE

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Feds Stage Pre-Dawn Raid for Potato Gun

Audrey Hudson’s husband had just left for work on August 6 when suddenly, her dog began barking. The nationally-known journalist walked over to the curtains and peeked outside to discover her Chesapeake Bay home was surrounded by law enforcement officers wearing full body armor.

The phone rang. It was her husband.  “I’m in the driveway,” he said. “The police are here. Open the door.”

And so began Hudson’s nightmare – held captive by armed agents of the U.S. Coast Guard, Maryland State Police and the Department of Homeland Security as they staged a pre-dawn raid in search of unregistered firearms and a “potato gun.”

But instead of taking the potato gun, agents seized unrelated government documents and notes from the former Washington Times journalist.

Agents took Hudson’s records during a search for guns and related items owned by her husband, a civilian Coast Guard employee. They also confiscated her legally registered firearms, according to court documents obtained by The Associated Press.

The armed agents held Hudson and her husband in the kitchen as they searched their home. At some point, one of the agents asked if she was the same person who had written a series of stories critical of the Federal Air Marshal program in the mid-2000s.

Hudson did indeed author those stories for The Washington Times.  “Those stories were embarrassing to the agency,” she told me.

It wasn’t until five weeks after the pre-dawn raid that Hudson realized agents had taken her private documents – documents that were not listed on the search warrant. At the time she was told that “miscellaneous documents” had been taken.

“I got a call from Homeland Security and they told me I could come pick up the documents,” she said. “The search warrant did not allow them to walk out with those documents. They clearly violated the search warrant.”

It appears the agents were on a fishing expedition. Hudson tells me her home is filled with boxes and boxes of files.

“But they only took five files – and all five had to do with the Federal Air Marshal stories,” she said.

The Coast Guard told The Associated Press its investigator was suspicious that the government documents in her possession were labeled “law enforcement sensitive.” However, they were returned after concluding Hudson had obtained them under the U.S. Freedom of Information Act.

But that doesn’t explain why the Coast Guard took her personal, handwritten notes. Nor does it explain why the Coast Guard accessed her personal Facebook page.

“I think they found a great way to get into my house and get a hold of my confidential notes and go through every other file in my office,” she said.

The Washington Times said Friday it is preparing legal action to fight what it called an unwarranted intrusion on the First Amendment.

“While we appreciate law enforcement’s right to investigate legitimate concerns, there is no reason for agents to use an unrelated gun case to seize the First Amendment protected materials of a reporter,” Times Editor John Solomon said.

The Coast Guard defended their actions. A spokesman said the warrant authorized police to search the family’s home for guns, ammunition, records of gun purchases, gun cleaning kits and other gun-related documents.

It should be noted that neither Hudson nor her husband have been arrested and no charges have been filed.  “We have absolutely no idea what this is all about,” Hudson told me.

I’ve got a pretty good idea. It’s about the federal government trying to intimidate an American journalist.

The Obama administration has a history of targeting journalists in their effort to root out leaks. The Associated Press noted that the raid on Hudson’s home came one month after Attorney General Eric Holder toughened the Justice Department’s rules for seizing reporters’ phone records, notes or emails using federal subpoenas or search warrants.

“This really can’t stand,” Hudson told me. “You cannot come into a journalist’s home under false pretenses with a bogus warrant and just waltz out with confidential files.”

So if you’re doing the constitutional math, I’d say the Obama administration has violated the Hudson family’s first, second and fourth amendment rights.

“Never in my wildest dreams would I have thought that state police and federal officers would come into my house at 4:30 in the morning to take my files without a federal subpoena,” she said.

It’s really not all that surprising the Obama administration would use a potato gun to trample the constitutional rights of an American citizen.

It’s a perfect tool for shredding potatoes – and the U.S. Constitution.

SOURCE

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A quiz



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More on the Left/Right difference

I have been updating my big article on the history and psychology of conservatism and I present below my new introduction to it:

Left-leaning psychologists and other Leftist "thinkers" sometimes "study" conservatism -- usually with the obvious motive of proving a  theory which discredits conservatives in some way.  But the shallowness of their actual knowledge of conservatives is shown when they feel the need to consult dictionaries just to find out what conservatism is (e.g. Altemeyer and Wyeth).  That is a remarkably desperate recourse.  Dictionaries record usage but they cannot tell you whether the usage is right or wrong, shallow or profound. They even record mistaken usages.

The problem underlying the recourse to dictionaries is that the Leftist wouldn't know conservatism if he fell over it.  His only concept of conservatism is the caricature of it that circulates in his own little Leftist bubble.  But he does realize dimly that he doesn't know what it is. So with a schoolboy level of sophistication, he turns to his dictionary to find out what it is!

By contrast, in my studies of Leftism, I feel no need to rely on dictionaries.  From many years of reading Leftist writings, I can tell you what Leftism regularly is.  What the Leftist does or tries to do is to stop people doing what they want to do and make them do things that they don't want to do. They are not alone in that but that underlies all that they do and say.  What changes they want and why they want them I consider in detail elsewhere. So conservatives tend to allow the natural world to continue on its way while Leftists forge an inherently unstable world that can be held together only by coercion.  Leftism is quintessentially authoritarian.

The redirection of a large slice of people's spending power via compulsory taxation is only one part of the coercion. There are also many direct commands and prohibitions.  The very expensive "mandates" of Obamacare were under much discussion at the time of writing.  Only a Leftist would think that old ladies should be forced to pay for obstetric care.

It may be noted that some people with strongly-held religious views tend to be like Leftists in trying to forge an unnatural world. That helps to explain why Leftists are infinitely tolerant of  Muslim Jihadis and why the major churches tend to support the Left, some of them being very Leftist.  In the 2004 Australian Federal elections, the leaders of ALL the churches came out in favour of the (Leftist) Australian Labor Party.  The only exception was a small Exclusive Brethren group in Tasmania who supported the conservative coalition -- and their "intervention" sparked huge outrage in the media and elsewhere.  (The conservatives won that election in a landslide).

And in England it is sometimes now held that "C of E" stands for "Church of the Environment", because of the Church of England's strong committment to Greenie causes.  Cantuar Welby's scolding of business might also be noted. And a previous Cantuar (Carey, a generally decent man) called his little grandson "pollution" on Greenie grounds.  Pity the children! And, in stark contrast with the Bible, a senior  Anglican cleric has called "homophobia" a sin.  The C of E and most of its First World offshoots no longer have strong feelings about salvation but they have strong feelings about Green/Leftist causes.

Because they focus so much on personal feelings and the promise of salvation rather than on "the world", American evangelicals are something of an exception but, even there, 10 million evangelicals voted for Al Gore in the year 2000 American Federal elections.

But back to conservatism: While conservatives tend to let the natural world run its course, that is not a defining characteristic.

What Leftists find in their dictionaries is that conservatives are opposed to change.  That is indeed the prevailing Leftist conception of conservatives but it ignores one of the most salient facts about politics worldwide  -- that conservative governments are just as energetic in legislating as Leftists are.  Both sides busily make new laws all the time.  And the point of a new law is to change something.  The changes that Left and Right desire are different but both sides push for change.  On the Leftist's  understanding of conservatism, a conservative government that wins an election should do no more than yawn, shut up the legislature and go home until the next election!

So in a thoroughly anti-intellectual style, the Leftist ignores one of the most basic facts about politics. That sure is a weird little intellectual bubble that he lives in.  EVERY conservative that I know has got a whole list of things that he would like to see changed  -- usually reversals of Leftist changes.  But Leftist intellectuals  clearly just doesn't know any conservatives.  Conservatism is NOT a rejection of change, though it may be a rejection of Leftist change.

So what really is conservatism? I have taught both sociology and psychology at major Australian universities but when it comes to politics my psychologist's hat is firmly on. One can understand conservatism at various levels but to get consistency, you have to drop back to the psychological level. And at that level it is as plain as a pikestaff. Conservatives are cautious. And that is all you need to know to understand the whole of conservatism. 

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCH,  POLITICAL CORRECTNESS WATCH, FOOD & HEALTH SKEPTIC,  AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated) and Coral reef compendium. (Updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten.

List of backup or "mirror" sites here or  here -- for when blogspot is "down" or failing to  update.  Email me  here (Hotmail address). My Home Pages are here (Academic) or  here (Pictorial) or  here  (Personal)

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