FISA and the Imperial Presidency

Maximum Leader has twice commented on the wiretap issue, and in general — surprisingly or not — we are in agreement on the basic points. However, I think it’s important to frame the issue in a much larger context than just “protecting the rights of terrorists.” The larger issue isn’t about the technicalities of the law, but rather the nature of our government. It’s an issue that is definitely worth getting “hot and bothered” about. Our civil liberties are worth getting hot and bothered about. The checks and balances in our Constitution are worth getting hot and bothered about. In the end, if you’re going to allow the President and the administration to do anything they want (for another example, the President wrote a signature statement exempting himself from McCain’s anti-torture measure), then who in the administration do you trust to determine who the terrorists are? Who do you trust to say what’s in the best interest of this country? Who do you trust to determine what’s necessary to fight a war, particularly a war that is never ever ever going to end?

Let’s review recent history. Do you trust the members of the administration who selectively used intelligence to support their reasons to go to war? Do you trust the President who regularly ignores the council of his own Attorney General and the DoJ? Do you trust the individuals who — for purely and unarguably partisan reasons — leaked the name of Wilson’s CIA wife?

The reason we have FISA is because Nixon abused the power and trust of the office. Congress passed a law and Presidents have to abide by it. It may be American Government 101 but it bears repeating: Presidents don’t make laws, nor should they. The founding fathers didn’t set up a system that depended on trust. By all accounts, everyone loved George Washington, but they still insisted on a system of checks and balances in the Constiution.

It is a horrible horrible mistake to cast this issue in terms of liberty vs security. The issue is the office of the Presidency itself, whether you agree with the actions of that individual or not. Minions, please get hot and bothered, and for once I’m not talking about sex when I say that. The very nature of the Republic is at stake.

Believe.

A Reason to Go to LA

Greetings, loyal minions. Your Maximum Leader sees that the Getty Villa (the original home of the Getty Museum) will reopen on January 28. Your Maximum Leader is sure that it will be a grand reopening. Visiting the Getty Villa will be added to the list of things to do next time your Maximum Leader makes it out to the west coast.

Not that he is sure when that will be…

Carry on.

More on Wiretaps

Greetings, loyal minions. Your Maximum Leader has alluded for weeks now that he would write something more about the whole FISA wiretap stuff. He’s tried and tried. But he just can’t seem to make a cogent post out of his jumble of thoughts on the matter.

Not that a jumble of disjointed thoughts will stop him from trying!

This is reasonably timely since a number of “civil liberties” organizations are now suing to stop the wiretapping. Allow your Maximum Leader to start here. This (these?) lawsuit (lawsuits?) will go positively no where. Read the words again minions. No. Where. These groups have no standing (repeat no standing) in order to sue. No one is exactly sure who was eavesdropped upon. And while your Maximum Leader has heard such names as Christopher Hitchens bandied about, there is no proof of this. If you weren’t eavesdropped on by the NSA you don’t have the standing to sue. Your Maximum Leader predicts that the suits will be thrown out. But not until there has been much wailing and gnashing of teeth.

Secondly… Your Maximum Leader read many of the links that so many of you were kind enough to recommend. Allow him to say that his opinion has changed. While a few weeks ago he would have said he was 80% sure that what the Bush Administration had done was illegal he is now only about 60% sure that the electronic surveillance was illegal. That 40% left over is doubt. Not belief that it could legal. It is doubt. Doubt caused by turning the various issues here over and over again. After turning the issues over and over again your Maximum Leader can see a whole bunch of open questions that could be argued either way in a court. Provided you could find someone harmed by the eavesdropping and get them to sue.

To expand… Your Maximum Leader fully believes that the US government can and should engage in whatever manner of surveillance it can overseas. This is to say that we should train and use spies. We should put up spy satellites and photograph everything we can. We should penetrate foreign computer networks and gather as much electronic data as we can. We should recruit and reward foreigners to act on our behalf all over the world. All this type of stuff is pretty much legal.

But the US government can’t do these things to Americans in the United States.

The sticky wicket in all this is the way technology breaks down barriers. What do we do when someone overseas (who we can listen to) calls someone in the US (who we can’t listen to without a court order)? Your Maximum Leader will out and say that he isn’t sure. Nothing he’s read has convinced him of any position. His natural inclination is to require the government to get a court order. He likes it when the government has checks to limit its power in cases where it will use its power against his liberty.

What about a person using a “global phone” in the US? That person might “look” like he is overseas - even when he in’t. What about intercepting e-mails from someone in Pakistan to someone in the US? Again… There are lots of reasonable positions out there. Most of those reasonable positions have never been really tested in the courts. That being the case, one would hope that one would rely on their legal counsel. The Bush Administration pretty much ignored its own Attorney General. Now, it is possible that the AG was wrong and that the counsel given by the Dept of Justice was also wrong. But why not just go ahead and go to the special court that almost never rejects a request for an order to eavesdrop on someone?

So… One has a lot of untested issues out there to consider. Your Maximum Leader would have preferred more deliberation and debate on this matter.

Of course, there is another significant issue in all this. Who really wants to be the guy standing up for the terrorists in America? Your Maximum Leader would like to do everything possible to find the terrorist in our midst. (And once found he hopes that ill befalls the terrorist.) But your Maximum Leader would prefer to fight for the rights of everyone - even the terrorists residing in the US - than just say that the need to find the terrorists outweighs our need to protect our liberty. That is a pretty friggin unpopular position don’t you think? Your Maximum Leader thinks it’s an unpopular position. It makes him feel dirty (and not in a good way) advocating it. But advocate it he will. The government of the US should not be able to suspend our liberties just because there is a war on. This is the same government that didn’t want us to sacrifice or change our lifestyle just because we’re at war. Why should we be okay with sacrificing our right from warrantless searches when we don’t have to sacrifice our right to buy, buy, BUY at the mall?

The last point your Maximum Leader will make (now) on this topic is the “Oh Hum” nature of the scandal. This story has no legs. The regular person just doesn’t care. This gets back to the “defending the terrorists” aspect of it. Who is the government monitoring? Why the terrorists of course. And the people the terrorists are talking to. And the people that the people the terrorists are talking to are being monitored too. Who knows how many levels it goes? For all he knows your Maximum Leader is being monitored. He knows people from Pakistan. Those people from Pakistan know people in Pakistan - and talk to them regularly. Those people in Pakistan have neighbours. And the neighbours might know some terrorists. That is about 4 levels down the line as your Maximum Leader counts it. Humm…

But getting back to the “oh hum” nature of this issue… There is no great font of untapped fondness for terrorists or terror suspects. So are the American people going to get all hot and bothered about the rights of possible bad guys? Your Maximum Leader doesn’t think so. That does make this issue a little more insidious.

Well… There is a whole post on wiretapping. Perhaps, somewhere, there is a cogent thought in it…

Carry on.

Abortion: No Easy Answer (Part I)

Conflicted On Abortion

I understand and respect both camps in the great abortion debate.

Pro-lifers really do believe life begins at conception. They aren’t, as the pro-choicers would have you believe, a bunch of misogynistic men plotting to subjugate women.

Pro-choicers believe that the fetus is not yet a person. They aren’t evil baby murderers as the pro-lifers would have us believe.

The crux of the issue is beyond compromise. If the fetus is an ensouled moral agent, abortion is murder. Period. If you believe that, you are bound to actively oppose murder, as it is the worst possible crime you can commit against another person - “you take away all that he has and all that he ever will have.”

If a fetus is not ensouled - or, for the many people on the pro-choice side who doubt the existence of any souls, if the fetus is not a moral agent, then a woman has as much right to an abortion as she does to remove a wart.

The problem with both positions is that there is no discoverable objective truth to be had. One can’t design a scientific test to measure the moment when a soul enters the body. Lacking any rational way to make a determination on the issue, one undertakes a grave risk.

If one, lacking any evidence comes down on the idea that a fetus has no personhood, and that belief is mistaken, one becomes complicit to murder.

If one, lacking any evidence, comes down on the side of personhood, and that belief is mistaken, one becomes complicit to a massive invasion of individual freedom and party to the creation of unwanted, unloved children.

Dangerous ground.

As our villainous minions know, your humble Smallholder likes to weigh evidence. My positions change as new information becomes available. The Maximum Leader, arrogating infallibility to himself, calls me squishy. I call willingness to correct course and accept new hypothesis the hallmark of adaptive intelligence. You say pa-tah-to, I say po-tay-toe.

Setting aside religion for a moment, Brian over at Memento Moron has posted an excellent essay assssing the difficulty of determining, sans scripture, when life begins.

There is no magic number and just about any position one takes - birth, viability, homunculousity, cell division, or conception has serious drawbacks. (By homunculousity I mean taking on human form a la Thomas Aquinas. I know it’s not a word. But as a German, my kultur compels me to create new words by mashing them together.)

The first trimester standard created by Roe is an arbitrary attempt to navigate these perilous waters. As such, it is unsatisfactory. Any arbitrary standard will be unsatisfactory, so perhaps one must realize that in public life an arbitrary standard has to be drawn.

If reason and science can’t draw a clear line, society is in the lurch. Some of my co-religionists would like to find a way out by imposing their biblical interpretation on others. I’m willing to grant that imposition is okay in this narrow case. Imposing your prayer in public schools is wrong and a violation of our social compact. But in this case, preventing what you perceive to be murder trumps societally-mandated respect for differing opinions. As an analogy, consider a person whose religion that requires virgin sacrifice. I’ll defend your right to believe in virgin sacrifice, oppose the use of government to promote your faith, and oppose you ever acting on that faith. Believe what you want, but society has claims on your actions.

That said, my co-religionists who believe the Bible clearly and unequivocally condemns abortion are wrong.

The Bible does not take a clear stand on abortion. Biblically based assaults on abortion are selective, based on unsupported judgment calls, and occasionally deceptive.

As our loyal minions know, your humble Smallholder is not a literalist. I have a healthy skepticism about how primary sources can be influenced by the cultural outlook of the author and, in the Bible’s case, by the motives of translators. I will, however, attempt to analyze the Bible literally, if only because most pro-lifers are literalists, holding that every word, jot, and tittle of the Bible is the absolutely true revealed word of God. On that basis, the concept that life begins at conception is untenable.

Wow. That last paragraph is quite inflammatory. I’ll defend it in my next abortion post. Hold off flaming me until then.

To summarize the problem:

Reason can’t be applied until the moral status of the fetus is ascertained.
Science is no definitive guide.
The Bible is no definitive guide.

What we have left is what the transcendentalists would call “inner light.” The internal sense of right and wrong that we have independently of reason.

My inner light recoils at the notion of abortion. I look at my children and realize that I could legally have prevented their existence and am repulsed. Abortion feels wrong in my gut.

Conflicted (or squishy, take your pick) child that I am, I have a hard time trusting this innate disgust. Sometimes the inner light’s moral sense can be applauded, as it ought to be for leading the transcendentalists to oppose slavery. But our internal feelings are so conditioned by the society in which we live that it is entirely possible for our moral sense to be overwhelmed by our learned mores. Many southerners were repulsed by black claims for legitimacy. I have yet to read a logical basis for discrimination against gays. All anti-gay activism ultimately boils down to the activists “inner light” screaming that fags are icky.

Operating solely by inner light is perilous.

Time Waster

Greetings, loyal minions. Your Maximum Leader passes along a link to a site which will allow you to waste piles of time…

Throw Paper

Your Maximum Leader’s record is 13.

Carry on.

Goose Problem

Greetings, loyal minions. Your Maximum Leader sees on the news wires that Oakland, California, has a goose problem. Well… According to the article the geese wouldn’t be a problem if they didn’t poop so much. The people living around this large lake in Oakland are overrun with Canada Geese. Thousands of them. And each bird makes a pound of poop a day. They have tons of poop every day going into their lake, their lawns, their water. Poop is everywhere.

And this concerns the good residents of Oakland. They want to be good neighbours to the geese. But they can’t. Too much poop. They hire dogs to chase the birds away. But they come back. They don’t want to run afoul of international treaties that protect migratory birds. Such action might result in retaliatory airstrikes from the Bush Administration. So what are the poor people of Oakland to do?

Well… They need to get the Governator on the line and ask him to got to Washington and get the White House and Congress moving on some needed reform of the Migratory Bird Treaties. We need to stop protecting the Canada Goose. They are all over the place. Once we allow more hunting of Canada Geese, we do some serious cooking of goose. Have you ever had a cooked goose? Damn they are tasty. Your Maximum Leader commends to you this recipe for roast goose. This is close to one your Maximum Leader has used in the past. And remember to save the fat your goose gives off in cooking. That stuff can be used to cook and flavour all sorts of other tasties.

All this talk of roast goose is making your Maximum Leader quite hungry…

Carry on.

The Biological Father of Our Country - 300

Greeting, loyal minions. Your Maximum Leader is changing out his bejeweled floppy hat today. He is going to be wearing a coonskin cap today in honor of the 300th anniversary of the birth of founding father, Ben Franklin. You know, of all the founders Ben Franklin always seems to be the most fun. Naturally inqusitive. Funny. Prankster. Ladies Man. Philosophical thinker. Pillar of his community. All those things and so many more were Ben Franklin.

If you would like to learn more about Ben Franklin, your Maximum Leader will commend his Autobiography to you. It is a very good read. Of course, you may also be able to find Walter Isaacson’s recent bio of Franklin at your local bookstore.

If you are living in the Philadelphia area, your Maximum Leader suggests you get yourself on over to the Franklin Institute. While the Institute is closed today (to celebrate the founder’s birthday no doubt - there is a little delicious irony there) it will reopen tomorrow. Get down there and see it. Very cool.

Carry on.

Warning!

I believe the Norweigan bull semen I ordered for Bonnie (the house cow) was mishandled during shipping.

That is all.

Sex Stuff

Greetings, loyal minions. Your Maximum Leader hopes that the subject line of this post is not off-putting to many of you. There will be no NSFW stuff in this post. Just some links.

Did you know that consuming caffeine might boost a woman’s sex drive? Well… At the least female rats who had more caffeine were also found to want some luvin’ more often than those rats who didn’t get hopped up on caffeine. So, ladies be sure to have some coffee and a few cokes before coming to visit your Maximum Leader. He’ll provide chocolate if that floats your boat.

Guess what else? Having a TV in the bedroom reduces the amount of sex a couple has. Call your Maximum Leader crazy, but that little bit of information seems self-evident. From personal experience your Maximum Leader can verify that when Mrs. Villain watches tv in the bedroom the shows she chooses cause your Maximum Leader to fall asleep. The reverse also appears to be true.

Excursus: For those of you wondering how control of the bedroom remote is determined… It is a first come first serve basis.

According to Barbara Ellen, “no-strings attached” sex is popular again in Britain. Riddle your Maximum Leader this… From a man’s perspective has “no-strings attached” sex ever been unpopular?

Anyhow… There it is… A little sex post. Hope you enjoyed it.

Carry on.

Who Does His Advance Work?

Greetings, loyal minions. Your Maximum Leader sees (thanks to Dr. Rusty Shackelford) that New York City Mayor Michael Bloomberg spent the afternoon assuring Muslims in America that we love them and will not discriminate against them in a mosque who’s Imam spends his free time denying the Holocaust. Sheik Fadhel al Sahlani says that reports of 6,000,000 dead jews are “exaggerated.”

Isn’t this a fine how-do-you-do? One wonders who did Mayor Bloomberg’s advance work on this. One hopes that the Mayor will soon have himself a new advance team. Indeed, your Maximum Leader knows some people who might be able to help him… Mr. Mayor, give your Maximum Leader a call. He’ll give you some advice. (Psst- That advice is “More vetting.”)

Carry on.

Firefly Quiz

Greetings, loyal minions. Your Maximum Leader has never watched Firefly. So he doesn’t know if these results (from a quiz he saw over on Brian’s site) are any good.

Mal
You are Captain Malcolm Reynolds, aka. Mal or
Captain Tightpants. You saw most of your men
die in a war you lost and now you seek solitude
with a small crew that you are fiercely devoted
to. You have no problems being naked.

Which Firefly character are you?
brought to you by Quizilla
While your Maximum Leader doesn’t frequently wear tight pants (to confining you know…) he generally is okay with being naked….

Carry on.

Teacher Pay

Greetings, loyal minions. Your Maximum Leader is married to a teacher. His mother-in-law was a teacher. The Smallholder is a teacher. And out there in the great ether that is the internet is Minion Molly, who is also a teacher. Minion Molly is a teacher in the greater Houston, Texas metropolitan area. Now your Maximum Leader isn’t sure if Minion Molly is affected by the changes he’s reading about in teacher pay, but he figures he’ll point out and opine on this article.

Now let your Maximum Leader go on the record and say that he believes, as a general rule, that teaching as a profession is under-funded. This is to say that teaching fills such a vital role in our society that teachers ought to be paid more than they are. But this general rule is tempered by a number of other factors. Among these factors are that many people who go into the teaching profession are idiots. As your Maximum Leader said, he knows lots of teachers personally. Many of them are dim bulbs. He means this in a general sense. He’s been informed by Mrs. Villain that some of the teachers he’d categorize as dim bulbs are actually great subject matter experts and work with kids in their field of expertise quite well. Your Maximum Leader accepts that in many situations. But he also musts point out that Mrs Villain exercises a considerable amount of influence in assuring that the Villainettes get the “right” teachers. Generally the “right” teachers for the Villainettes are not the dim bulbs of whom your Maximum Leader was just speaking…

Another factor that tempers his rule concerning teacher pay is the fact that teaching is taxpayer funded. This big factor is an amalgomation of many sub-factors that all impact teacher pay. In being taxpayer funded the teaching profession is insulated from many market forces. While certain supply-demand market forces are at work on the teaching profession, many others are not. For example, pay for performance. (Which is the focus of the article about the Houston school district.) In the private sector it is generally demonstrable that workers who perform better than others will earn more money. It is also demonstrable that in the private sector incompetence or underachievement can cause one to lose one’s job. This is not often the case in teaching. Surely new teachers have a high “wash-out” rate, but if you can make it past the first few years you are a lifer.

It must be mentioned that as a taxpayer funded function teaching is subject to many outside pressures that other industries are not. Namely that taxpayers want to “have a say” in what teachers teach. This, in your Maximum Leader’s estimation, is not always a good thing. Alas, the voters that get most upset about what goes into the curriculum are also the very same voters that will be disfranchised and sterilized in the MWO.

Here in the great Commonwealth of Virginia, we used to have appointed School Boards. This meant that elected officials of both parties would sit down and appoint people to serve on local School Boards. Appointments were done on a “bipartisan” basis. Furthermore, appointees were almost always learned people who were genuinely interested in creating a good curriculum and doing well by their districts.

Unfortunately, we now have elected School Boards. Oftentimes your Maximum Leader finds that the people running for School Board (and their supporters) are the very same voters who, in the MWO, will be disfranchised and sterilized. When you have partisan races for School Board you have partisan outcomes in your curriculum. Excursus: Before any other citizens of Virginia start to write their Maximum Leader and say that School Board races are non-partisan as party affiliations are not listed allow him to advise you to stop sucking on the crack-pipe. School Board races are highly partisan and party affiliated - but the candidates just can’t tell you openly if they are Republican, Democrats, or other.

Now allow your Maximum Leader to engage in a little dichotomy here. While he dislikes the political process by which he gets to choose his School Board, he demands that the curriculum be accountable to political bodies. This is to say that if his tax money is going to support some function, then by gum he’s going to want to hold some elected person responsible for what goes on. That said, he prefer to hold someone a little higher-up the food chain of politics responsible and have an appointed School Board of “worthy” people. But as it stands he has to vote out idiots who actually run for the office.

So now lets return to teacher pay… As your Maximum Leader said, he thinks teachers are paid less than they ought to be. But he doesn’t like just giving teachers pay hikes without some sort of indicator that his tax dollars are being well spent. This is where “merit pay” comes into the picture. Your Maximum Leader would gladly pay higher local taxes to support schools that could supply evidence that they were doing a good job teaching kids. This means benchmarking and standardized testing. Now your Maximum Leader knows that there are all sorts of different kids in the world and some test well and some don’t. Further he knows that standardized tests - like the politized curriculum from whence they spawned - are in many ways deeply flawe. But in the end you have to establish some sort of global assessment standard by which you can determine if you are “making progress” towards better educating our kids.

So, we have standardized test and we have kids getting tested. Why shouldn’t we reward teachers and districts that do well? We should. But we should also be very critical of the tests, the curriculums that are formed around the tests, and the methods used to determine the benchmarks.

All that said your Maximum Leader would like to point out one more thing… The photo Houston area teacher Kim Hennis is unflattering. Yeah, yeah, your Maximum Leader knows she is reading a story (with emphasis and interpretation) to first graders. But the editors could have found some better photo.

Carry on.

Birgit Nilsson - RIP - Redux

Greetings, loyal minions. Your Maximum Leader, generally, does one obituary and moves on. But he felt that the puny obituary for Birgit Nilsson to which he linked yesterday was… Well… Puny… He much prefers the obit in today’s Washington Post by Tim Page.

He commends it to you for your own edification. And for all posterity, or as long as this blog is published, he’ll reprint it in full below the fold.

Carry on.
(more…)

Inappropriate Questions Part Three

Greetings, loyal minions. Your Maximum Leader has yet another question to pose to his readers today.

Why are some people always convinced of a convicted killer’s pleas of innocence? Regardless of the killer being named Mumia, “Tookie,” or Coleman… Someone is always willing to believe the convict. Why is that? Your Maximum Leader is fine with believing someone’s word all through the accusation and trial. But after the trial ends in conviction your Maximum Leader starts on his “why should I believe the convict” mode. Mebbe that makes him a bad person. Mebbe his experience tells him that convicts - or should he say convicted felons to be more specific - have a general tendency to lie… Particularly where the question concerns their guilt or innocence.

In case you missed it, Roger Keith Coleman - who was executed in 1992 - did actually rape and murder his sister-in-law. The latest DNA tests confirm it. Of course, none of this evidence is new. An old DNA tests (you know the old completely unreliable ones that were used in the OJ trial) pointed the bloody finger of guilt at Roger Keith Coleman back in 1990.

This is a news story because for many years a number of groups have said that Coleman was innocent and executed. The current Governor of Virginia, and presidential hopeful, Mark Warner agreed to allow DNA laden samples from the crime scene and from Coleman’s person be tested to (he hoped) prove that Coleman was guilty. Tests in. Coleman guilty. Now perhaps we can all move on to some other case…

Carry on.

Concerned Alumni of Princeton

Alito’s “no recollection” response smells bad and disingenuous.

That said, what exactly is so bad about membership in CAP?

Now, I haven’t seen any reputable summary of the group’s principals, but from tidbits I’ve gathered from the Washington Post and NPR, I don’t think it is fair to call it anti-women and anti-minority.

As I understand it, and the MoP is encouraged to enlighten me based on his readings on the left of the blogsophere, the CAP started out protesting the expulsion of ROTC from campus. I think even our left-leaning MoP would agree that colleges ought to allow ROTC to be housed on campus, as he himself has suffered from this policy at Yale.

Opposing co-education is not the same as being anti-women. There is a place for private (as opposed to publicly-funded) schools that are single-sex. One wonders if women who opposed making Longwood College coeducational were anti-men or simply “keep the school we love the way we love it” types.

As I understand it, the anti-minority charge stems from CAP’s opposition to lowering admissions standards in order to artificially increase minority enrollment. This is silly. Saying that there ought to be academic standards is not the same as donning a klansman outfit. One can oppose affirmative action on the basis of justice, efficacy, or merit without being a racist.

Perhaps I’m missing something, but the CAP membership seems innocuous to me. If this manufactured issue is all the Dems have, I urge the Senate to confirm him forthwith. If I am missing something, point me to it in the comments.

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