Category: Liberty

Looking for Something to Do?

By , January 20, 2015 2:12 pm

If you are, I suggest the following sites as worthwhile time fillers:

If you’re interested in balanced and very interesting discussions of the Constitution and federal/state relations, the Federalist Society’s website in general and it’s multi-media offerings in particular are a must. They strive to offer a view from both sides of most important legal issues, especially at their various events. I can’t recommend them enough.

Also of constitutional interest, it’s hard to beat Oyez.org, the place to go if you want to actually listen to oral arguments at the Supreme Court. No, you can’t listen to them as they happen, but I’ve seen cases where the recordings were up the same day they happened. And these recordings go waaaaay back, even as far as Roe v. Wade (where you can hear counsel from the state of Texas make a sexist joke) and New York Times v. Sullivan (where you can hear the historical beginnings of our current law of defamation).

Enjoy.

I Have No Tolerance for Zero Tolerance

By , December 31, 2014 8:59 am

Here are 10 reasons why.

Cat Fight: A Statistical Debate over Equal Pay for Women and Sexual Assault

By , November 30, 2014 8:11 pm

The Federalist Society regularly hosts some very interesting and fairly balanced panel discussions of topics related to the Society’s mission “to place a premium on individual liberty, traditional values, and the rule of law.” This past September, the Society put on a panel titled “Passion and Prudence in the Political Process: The Debate Over Federal Civil Rights Policy.”

The panel is interesting for a number of reasons, but I post about it largely because it illustrates so well the problem of “damned statistics.” Not being a statistician myself, I can only express my frustration at the way some people toss about numbers as if the act itself were sufficient to prove their point. For what it’s worth, I think Gail Heriot and Diana Furchtgott-Roth win this encounter hands down, but then, I agree with their side of the issue.

What do you think?

Cross posted at GregoryTaggart.com

How Important is Religious Freedom?

By , July 21, 2014 2:58 pm

This important.

The More Things Change . . .

By , July 16, 2014 11:23 am

This:
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Pampering Illegal Aliens
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Reminds me of this:
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Charges of Pampering Japanese
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Cross posted to GregoryTaggart.com

Why I Post What I Post

By , March 3, 2014 1:17 pm

In light of my recent posts on Arizona SB1062, the bill that Gov. Brewer vetoed the other day, I feel I need to be clear: I don’t hate gays or lesbians. I am not a homophobe. As the saying goes, I have friends (and relatives) who are gay or lesbian. I wish them well and, for the most part*, support them in their quest for equal rights. My religion challenges me to love all people. I try to do that. Most of the time I succeed.

No, my posts—and posts like them on other subjects—come from a deep-seated belief in the value of religious liberty and from an ongoing frustration with those on the left who label my side, the conservative/religious side, “haters,” “deniers,” “misogynists,” “fascists,” “homophobes,” and “racists,” among other things. I know in my heart that I’m none of those things, and I’m confident that all or the vast majority of the conservatives/religious people I know are not. Thus, I’ve made up my mind to push back whenever I see those on the other side of an argument cavalierly throw around such evil epithets posing as reasoned argument.

I want to stress the word “cavalierly.” I am not a Pollyanna. I realize there are people–people on both sides of the aisle–who are, in fact, haters, deniers, misogynists, fascists, homophobes, and racists. When they act out on those traits, they should be called out. That said, it seems that the best way to do that is on a case-by-case basis rather than to label an entire groups of people unfairly and, generally, for political purposes.

That is all.

*I support traditional marriage, again not out of any animus towards the LBGT community but out of a belief in the nature and purpose of marriage that I won’t go into here. I do support civil unions.

Cross posted to GregoryTaggart.com.

Court or Steamroller? When Rights Conflict

By , March 1, 2014 4:27 pm

I don’t care which side you are (were) on in the recent outcry over Arizona’s SB1062, but I assume you are interested in the facts of what the bill did and did not do. From what I’ve read, the bill was badly misrepresented. And in the process, its proponents were labeled haters and homophobes, while Jon Stewart called the bill repugnant–even though SB1062 did not even mention same-sex marriage or homosexuality and even though it essentially copied laws that are already on the federal books and on the books of 18 states.

In fact, the proposed law would have come into play if, say, the government attempted to force a small business to provide birth control. It would have applied to a government’s attempt to compel a business to pay for abortion services for its employees. If you can think of a case where the government–state or federal–might impose a burden on someone’s sincere religious belief, the proposed law would apply. Yes, it could have come into play had a baker refused to bake a cake for a same-sex wedding.

But the bill WOULD NOT have decided the case. The bakery would still have to pass GO. The owner would still have to demonstrate that he or she was acting out of a sincere religious belief. The same-sex couple would still be able to argue that the baker’s belief was less than sincere and did not justify refusing them service. And a court would ultimately have to decide between the two parties—based on the rules set out in the proposed law. In other words, the bill did not create an exception, so religious people could discriminate willy nilly. It simply sets the standards by which a court would adjudicate such a case.

Don’t believe me? Here, for your reading pleasure, is the best description of the proposed law I’ve read. It’s written by 11 prominent law professors, some of them Republicans, some Democrats; some of them support same-sex marriage, some don’t. Nine of them felt that Gov. Brewer should have signed the bill. Two were unsure. Among the 11 are Mary Ann Glendon of Harvard and Michael McConnell of Stanford, two of the brightest lights in the legal academy.

You can read what they wrote at the link–without any filtering by the press or Comedy Central or by me. The following are three key paragraphs:

SB1062 would amend the Arizona RFRA [Religious Freedom Restoration Act] to address two ambiguities that have been the subject of litigation under other RFRAs. It would provide that people are covered when state or local government requires them to violate their religion in the conduct of their business, and it would provide that people are covered when sued by a private citizen invoking state or local law to demand that they violate their religion.

But nothing in the amendment would say who wins in either of these cases. The person invoking RFRA would still have to prove that he had a sincere religious belief and that state or local government was imposing a substantial burden on his exercise of that religious belief. And the government, or the person on the other side of the lawsuit, could still show that compliance with the law was necessary to serve a compelling government interest. As a business gets bigger and more impersonal, courts will become more skeptical about claims of substantial burden on the owner’s exercise of religion. And as a business gets bigger, the government’s claim of compelling interest will become stronger. (Emphasis supplied)

A few paragraphs later, the 11 law professors summarize the bill’s impact as follows:

So, to be clear: SB1062 does not say that businesses can discriminate for religious reasons. It says that business people can assert a claim or defense under RFRA, in any kind of case (discrimination cases are not even mentioned, although they would be included), that they have the burden of proving a substantial burden on a sincere religious practice, that the government or the person suing them has the burden of proof on compelling government interest, and that the state courts in Arizona make the final decision. (Emphasis supplied)

Did you catch that? Those who are refused service by a business can still sue. Those who are sued can assert the defense of sincere religious practice. And the courts get to sort it out–just like they would have done prior to the bill becoming law. The only difference is that the evidentiary rules governing that courtroom exercise would be codified.

And that’s repugnant? My eye.

Cross posted to GregoryTaggart.com.

Are Angels Watching, or Is the NSA?

By , November 6, 2013 11:51 am

Madison said it best,

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

Alex Tabarrok rifs on that theme at Marginal Revolution when he asks Did Obama Spy on Romney? He answers his own question:

No. Some people claim that President Obama didn’t even know about the full extent of NSA spying. Indeed, I imagine that President Obama was almost as surprised as the rest of us when he first discovered that we live in a mass surveillance state in which billions of emails, phone calls, facebook metadata and other data are being collected.

Who knows? As Tabrrok reminds us, the NSA listened in on Angela Merkel’s phone calls. What if Romney called her during his 2012 campaign? In any case, he’s certainly right when he says that “Men are not angels.” Nevertheless, Tabarrok doesn’t think the NSA forwarded any tapes on to the Obama campaign. Still, “Men are not angels,” right?

Did the NSA use the information they gathered on Mitt Romney and other political candidates for political purposes? Probably not. Will the next president or the one after that be so virtuous so as to not use this kind of power? I have grave doubts. Men are not angels.

The Nixon administration plumbers broke into the offices of Daniel Ellsberg’s psychiatrist in order to gather information to discredit him. They busted into a single file cabinet (pictured). What a bunch of amateurs.
The NSA has broken into millions of file cabinets around the world.

Nixon resigned in disgrace. Who will pay for the NSA break-ins? (Emphasis added)

Saul Alinsky Hell, Someone’s Been Reading Robert Caro

By , July 9, 2013 12:53 pm

Another two thumbs up for Robert Caro’s book The Power Broker: Robert Moses and the Fall of New York. It easily ranks among the top 5 books I’ve ever read, a mesmerizing study of power in the hands of one man, the New York state and City parks commissioner. A parks commissioner!

This passage caught my attention today:

If a commissioner [of another department resisted his attempts to circumvent the law], Moses used the public rather than the private smear. “Mr. Moses told me . . . that he was able to control the press of New York City, so as to hold me up to such obloquy that I would not be able to stand it,” W. Kingsland Macy had testified a decade before. The smear technique that had been used then was used now–frequently.

In the hands of a man for whom the press acted as a gigantic sounding board, repeating and amplifying his words, the smear was a terrible weapon–particularly when those words were as caustic and cutting as Moses’. . . . (469)

How bad was it? How deep in Moses’ pocket were the press? This deep:

Mrs. Sulzberger [daughter of the founder of the New York Times, wife of the publisher in the 1930s] believed that Moses came “close to our ideal of what a Park Commissioner should be”; the Times evidently believed so, too. Its reporters and editors may never have been directly ordered to give Moses special treatment but, during the Thirties as during the Twenties, they were not so insensitive as not to know what was expected of them. Moses’ press releases were treated with respect, being given prominent treatment and often being printed in full. There were no investigating of the “facts” presented in those press releases, no attempt at detailed analysis of his theories of recreation and transportation, no probing of the assumption on which the city was building and maintaining recreational facilities and roads. The Times ran more than one hundred editorials on Moses and his programs during the twelve-year La Guardia administration–overwhelmingly favorable editorials. (461)

Just imagine what it would be like if a president of the United States had so much power and such a compliant press?

Silent Cal Speaks Up about The Declaration of Independence

By , July 4, 2013 7:24 pm

The more I read about Calvin Coolidge, the more I like him. Next on my reading list is Amity Shlaes’s biography, Coolidge. But for good reading on this special day, his speech commemorating the 150th anniversary of The Declaration of Independence is worthy of your time and thought, especially this paragraph.

About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern. But that reasoning can not be applied to this great charter. If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people. Those who wish to proceed in that direction can not lay claim to progress. They are reactionary. Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers.

Happy 4th of July!

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