December 28, 2008
Back in the USSA, Reprised
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Labels: American economy
December 26, 2008
Gay Marriage Considered Under the Equal Protection Clause
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Perhaps it would be good, from time to time, to drop the grandiloquence and the witty turn of phrase and do more close-in legal analysis of some things which are in the public realm of discussion these days. Such as, gay rights & gay marriage, two issues given higher visibility by the nomination of Rick Warren as the Communicator with our Invisible Friend as the religious start of a secular proceeding next month. (First question: why are we praying at a state function? It's unConstitutional in the extreme.)
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8:33:00 AM
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Labels: Obama and religion
December 25, 2008
A Christmas Story

The story surrounding the birth of Jesus on December 25 in Bethlehem is occasionally worth a second look, as part of one's own maturation process, because so much of what we take for granted about the story is based on childhood impressions that, for one reason or another, we never bother to disturb with later reading. The birth is described in what Christians call the "New Testament" and what Jewish scholars call "Mishagoss."
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December 24, 2008
You Too Can Be Successful
In our new Gilded Age it seems that only the Robber Barons really make out. Reading about the pathetic saga of Bernard Madoff and his Ponzi scheme, one is led to think that in our society, where probably 99% of the populace go about their personal and wage-earning lives with integrity and a naive, trusting faith, that the Little Guy just doesn't have a chance anymore. Add up all the cons, frauds, schemes, deregulation over the last twenty years or so and you must come to the conclusion that in modern American society, only crime pays. Enron, the mutual fund scandals (inside dope to big investors, which Spitzer prosecuted - it's why he had to go), Martha Stewart, the subprime/Moody's/Big Investment Bank conspiracy -- these are headlines, but they barely scratch the surface. The truth is that the entire financial system in the United States, including these vaunted "markets" that Bush/Paulson want to prop up, are all absolutely rotten to their core. And in a decadent system where everyone has abandoned the idea of true productivity, the only people who are going to make money are the short-sell players (like John Paulson's hedge fund) and the crooks.
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Waldenswimmer
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10:36:00 AM
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Labels: American Decadence
December 22, 2008
Economic Optimism & Other Illusions

Habitual Swimmers at the Pond are aware of my contention that Paul Krugman, ace economics columnist for the stately New York Times, is occasionally displaced by his Doppelganger, a guy who's not too bright and uses Krugman's byline. Recently, I'm fairly sure the DG was in residence when Krugman wrote that the public debt was less important than people usually think because "it's basically money we owe ourselves." I appreciate that the man won the Nobel Prize, but unless he means by "public debt" only that part of the national debt which the U.S. Treasury owes to the various trust funds (e.g., Social Security) which have been systematically looted in order to run the military industrial complex over the last 30 years or so, then his remark makes absolutely no sense. At least 50% of the national debt is in the form of Treasury obligations (bills & bonds) of various maturities owed to private U.S. citizens and foreign citizens, banks and sovereign wealth funds. It's just - well, stupid to say anything else. And we're talking over $5 trillion, and of that amount over half is owed to foreigners. That is not money "owed to ourselves;" it is very real debt, and the obligation exists against a backdrop of the Obama Administration's determination to invest in a recovery plan which will cost, initially, at least one trillion dollars. And because of the many bailouts, TARP projects, promises to shore up the auto industry, etc., the deficit for fiscal year 2009 (which we're currently in) is clearly going to exceed a trillion dollars, by far the largest deficit (by a factor of two) in U.S. history, and almost all of that deficit is going to add to the real debt the country owes to real creditors. The recovery plan of Obama's first year will clearly result in a deficit for fiscal 2010 at least as large, which means the nationald debt at the end of 2010 will exceed $12 trillion, pushing $13 trillion, and almost all of the new debt will take the "real" form as opposed to the DG's idealized notion of illusory debt. Thus, we're looking at $8 trillion as the non-owed-to-ourselves part of the national debt, and that's difficult to laugh off the way Herr Krugman does.
Whatever the new administration does, we’re in for months, perhaps even a year, of economic hell. After that, things should get better, as President Obama’s stimulus plan — O.K., I’m told that the politically correct term is now “economic recovery plan” — begins to gain traction. Late next year the economy should begin to stabilize, and I’m fairly optimistic about 2010.
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8:24:00 AM
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Labels: American economy
December 21, 2008
Obama & Warren
Somewhat more than a year ago my cousin, oft-published writer, musician, philosopher, wit and alumnus of the same demented Fundie denomination that so scrambled my early cognitive development, had the idea that we should attend a "reunion" of the 17th Street congregation of this very church. The 17th Street in question is on the western edge of the Mission District, not far east of Eureka Valley, and just a few blocks away from the heart of the Castro District, all of these locations in San Francisco. Trusting my older cousin's judgment, and not wanting him to go through such an experience alone, I tagged along. The congregation that used to meet at 17th Street now meets out at Lake Merced, along Brotherhood Way, in a soulless building, a giant A-frame, with an accompanying, depressing multi-purpose building. It was a foggy, cold day, which is to say: a day in San Francisco. The reunion started out with a Continental breakfast, a long table laden with the usual victuals typical of the denomination's Southern roots: ham, potato salad, fried chicken, strawberry cream pie. Looking at this array, my cousin said, sotto voce, "What Continent?" I told you he was a witty guy.
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10:05:00 AM
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Labels: Obama and religion
December 18, 2008
Cheney's Gambit

It has always been one of my tenets of analysis of the Bush Administration that Dick Cheney is perhaps the most overrated "intellectual" in American public life. There's no doubt he takes himself very seriously indeed, but it's also true that he's nearly always wrong.One of the most oft-cited examples from his errata sheet is his pronouncement that the insurgency was in its "last throes" right at the moment two or three years of nonstop mayhem in Iraq were about to begin, but that's just one of his credits. He was also dead wrong about his "no doubt" statement that Saddam had a nuclear bomb program. On and on. I suppose it's that growling gravitas he brings to all his nuanced utterances, all those prepositional phrases salted away in his long, intricate sentences, that give people the idea he's a trenchant thinker. Compared to Bush, who has trouble describing coherently what day of the week it is, Cheney seems like Sir Isaac Newton, but that's damnation by faint praise.
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8:32:00 AM
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Labels: War Crimes
December 16, 2008
The Shoe Thrower

George W. Bush will remain the International Man of Mystery (how did he get where he is and why?) until the very end of his term, I suppose.. I thought his immediate reaction to having shoes thrown at him by an Iraqi journalist was trademark bizarre: he described the size (10) and then characterized the assault as indicative of the growth of democracy in Iraq. It's probably true that a journalist would not have thrown his shoes at Saddam Hussein, so I guess that's something. Throwing shoes at someone, however, and not just in Arab cultures where it has a special significance, is not, strictly speaking, simply the exercise of some First Amendment right. The guy was trying to hit Bush with his shoes, not just make a point.
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9:59:00 AM
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December 15, 2008
This Just In from the Senate: President Bush is a War Criminal
Presidential Order Opens the Door to Considering Aggressive Techniques (U)(U) On February 7, 2002, President Bush signed a memorandum stating that the Third Geneva Convention did not apply to the conflict with al Qaeda and concluding that Taliban detainees were not entitled to prisoner of war status or the legal protections afforded by the Third Geneva Convention. The President’s order closed off application of Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, to al Qaeda or Taliban detainees. While the President’s order stated that, as “a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions,” the decision to replace well established military doctrine, i.e., legal compliance with the Geneva Conventions, with a policy subject to interpretation, impacted the treatment of detainees in U.S. custody.
Demonstrating that if not great minds, then at least cynical minds think alike, I note that Paul Abrams, writing today on the Huffington Post, opines that President Bush will resign on January 19, 2009, in favor of Dick Cheney, who will then pardon Bush and everyone else he can think of so they can guaran-damn-tee that the retroactive immunities laced throughout the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 will not be their only line of defense against a hyper-zealous Democratic Administration & Congress. Not that there is much chance of that. Congress has so many other pinatas to swing at: the aformentioned tousle-haired governor, the Big 3 auto execs and their private jets - hell, who knows, maybe they can summon another panel of disgraced baseball players caught using human growth hormone. Who's got time for war crimes?
So take it easy, W. You won't have to dodge any shoes back home. What's a little torture among friends? Sure, technically a conspiracy to commit torture in violation of Common Article 3 which causes death is a capital offense, and every last element of a prima facie case has now been established by the Senate Report. But first someone would have to read it, report on it, and mention it in the news. And that isn't going to happen, not here. W can go back to his Dallas mansion unworried and undistressed, a pleasure denied Hitler, who probably dreamed of those golden days atop Berchtesgaden in the dark days of the bunker. But we "won" in Iraq, and to the victor go the spoils.
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9:32:00 AM
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Labels: War Crimes
December 14, 2008
Globalization and other Anti-Human Conspiracies

I came rather late to Michael Pollan's "The Omnivore's Dilemma," but it would be hard for me to recommend it too highly. A couple of well-read friends mentioned it at Thanksgiving. The book goes very deep; I can see why some people have suggested that Mr. Pollan should be Obama's Secretary of Agriculture, instead of the usual agribusiness shill from Monsanto or ConAgra.Perhaps there's hope. Barack's impending selection of Steven Chu as Secretary of Energy was nothing short of inspired, IMHO. It makes me wonder whether this can actually be the same country that gave us the Pre-Enlightenment Obscurantism of George W. Bush. The answer being, of course: No. As the Buddhists tell us, one can never step into the same river twice.
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10:27:00 AM
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Labels: American Life
December 10, 2008
Nattering Nabobs of Nugatory Nonsense

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The Friedman Unit is now actively promoting Shai Agassi's Better Place solution to public transportation, I note wryly. The resident Pretentious Hysteric of the New York Times, in one of his fatuous sermons, informs us that Israel, in a consortium with Denmark and Nissan-Renault, is devising a nationwide grid of electric cars, with recharging stations all over the country powered by wind and solar power. Faithful readers of the Pond Scribbler's Almanac (these here pages) knew about this long, long ago, of course, but Tom's got a new angle: see, it's just like Apple with i-Tunes. The battery for the electric car is the iPod; the tunes are the...I forget, tell you the truth. I was getting nauseous. Friedman kept talking about "platforms" and generating "electrons" instead of electricity (see?! Tom knows his subatomic physics!) and all the other hi-techie baloney he dresses up his inch-deep grasp of technical matters with, and I started skimming. Point is, he tells us, it's a mistake to bail out Detroit if all Detroit is going to do is resume building obsolete combustion engine cars. It would be like investing in vinyl LP technology...
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Waldenswimmer
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9:49:00 AM
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Labels: American Decadence
December 05, 2008
Mr. Bush's Neighborhood
Yes, I agree that there is something beyond obscene about the recent news that President Nero and his wife Laura have just announced their happy news: they've bought a new home in Preston Hollow, North Dallas, for about $2.2 million. A specimen of the kind of McMansion they'll inhabit is featured to the left, the sort of energy-wasting, self-aggrandizing, ostentatious joint you'd exactly expect the Bushes to move into after leaving the White House. And leaving the United States, for the rest of us, a smoking ruin. They'll spend their weekdays there and then "weekend" at Prairie Chapel "Ranch," or at least George & Barney will. I suppose the consolation story is that Laura will finally achieve her breakaway. I shudder to think about the logistics involved in getting W, every single weekend, from Dallas to Crawford, if that's really how it's going to happen. The spoiled little scion is going to demand a helicopter ride, of course; he can't take any chances, not given his "popularity" ratings and the mobs of angry dispossessed he will leave in his ruinous wake. But if there's one thing we know about W at this point, it's that his new jolly life among the nouveaux riches of North Dallas will be entirely unperturbed by the collapsing American economy. Deep into his stupid, dreamless sleep he will fall every night, confident that History will judge him a magnificent leader. As my own personal hero Bugs Bunny used to say, "What a maroon."
“We have gone from recession into something that looks more like collapse,” said Ian Shepherdson, chief domestic economist at High Frequency Economics, referring to the accelerating job losses in recent months. New York Times, December 5, 2008.
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9:11:00 AM
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Labels: Bush's Legacy
December 04, 2008
Working on the Waldenswimmer Brand
I now see the key to success: development of my Brand. I have heard this word over and over recently in public discourse; for example, watching "60 Minutes" on Sunday, and its segment on Olympics swimmer Michael Phelps. Phelps has an agent devoted to promoting the Michael Phelps Brand. As an aside, I can offer Michael, who seems like an honest-to-goodness nice guy, a leg up on the whole brand thing. A blogsite name: OlympicSwimmer. What will I think of next?
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8:50:00 AM
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Labels: Brand New Thinking
December 03, 2008
American Motors?
It has been pointed out to me that I was a little hard yesterday on Ralph Waldo Emerson, charter member of the Transcendental Generation, and I accept the point. Anyway, it isn't necessary to be invidious in defense of Henry David Thoreau. His work stands all on its own. It's just that I think Thoreau, as a seminal thinker, stands in the company of such social philosophers as Karl Marx and Sigmund Freud. I think of Emerson in the tradition of Michel de Montaigne and George Santayana, great writers and thinkers whose specific contribution to understanding the human story is a little harder to pin down. On the other hand, and long before the effects of the Industrial Revolution were fully realized, Thoreau saw the severe limitations of proletariat life. I think this is why his work still resonates in modern times: he took Emerson's essay on "Self Reliance" to heart and wrote things which seemed outlandishly iconoclastic, in some respects, but which history has nevertheless vindicated. We remember the prophets who were not honored in their own times precisely because of their courage.
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10:16:00 AM
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Labels: Green America
December 02, 2008
Meanwhile, just outside Concord, Mass.
As a preliminary note, I would say that what I have always prized in the writing of Henry David Thoreau was his prescient description of the perils of specialization. I think many people believe that Thoreau was something of a reclusive crank who chose to live in the woods his entire life in a kind of Arcadian fantasy, a belief given some impetus by the essay "Thoreau," a marvel of condescension and incomprehension written by Ralph Waldo Emerson, that windy and ultimately useless "philosopher" of the kind Thoreau himself derided. Thoreau's reductive experiment was to determine the "essential facts" of existence," and he managed to isolate the basic human prerequisite in one simple phrase: maintaining vital heat. That is the sum and substance of all necessary human activity. Clothes and shelter protect the outer man from the elements, and eating food fuels the inner furnace. That's it. Thoreau concluded that a "philosopher" who could not describe a better and more efficient way of maintaining vital heat was of no practical use, and one can search in vain through Emerson's hortatory screeds about "self-reliance" and the rest to find anything approaching such essential guidance. So Thoreau spent 26 months at Walden Pond on acreage owned by the Emerson clan and answered his own question, then wrote the book which made him immortal. The longest chapter was called "Economy," and it detailed, to the penny, how much he spent and how much he earned during his sojourn. He reckoned that about six weeks of work a year was necessary to ensure basic survival. Naturally, as societies evolved his quaint ideas were seen as completely impractical and even silly. Our modern, high-tech existences are regarded, in the main, as infinitely preferable to his sylvan subsistence. Nevertheless, Thoreau argued that the essential requirement of the Industrial Revolution, wage earning through narrow specialization, was ultimately an unsatisfactory way to live. His ideas, of course, had no chance, and we live now in the "organic society" in which specialization has reached its apotheosis. The economic system itself has become organized at higher and higher levels of scale, through monopolies and the crowding out of individually-owned endeavours. Here is James Howard Kunstler in his blog yesterday ("Clusterf*ck Nation"): Or Mike Whitney, writing about misery in general: Rather interesting to read these laments in light of the warnings posted long ago by the Genius of Concord. Kunstler is perhaps more Thoreauvian than he realizes; he's aware that we're trying to solve the problem of maintaining vital heat with a "solution more complicated than the problem itself." Indeed, we've arrived now, in America, where the scale of basic activities (factory farming based on government-sponsored corn surpluses, Wal-Mart as our largest employer, 70% of GDP based on buying stuff made elsewhere, and most of that from giant retail chains) is beyond individual control, for the most part, and where most Americans are helpless to fend for themselves once the "organic society" collapses.The "solutions," at this point, are simply beyond the average person's ability to affect the outcome at all. This comes about, of course, because the great majority (that "mass of men living lives of quiet desperation") have been cut off, both cognitively and functionally, from the fundamental sustaining processes of life: namely, how to get and maintain your own vital heat from Planet Earth by dint of your own interaction with the soil, air and water. The organic society is collapsing, of course, and along with it the essential livability of the planet, which has been wracked by pollution, ocean acidification and global warming. Maintaining the opulent (and highly concentrated) wealth of the society, as it is presently configured and savagely defended by those in power, depended on such callous disregard for the environment. All of those ammonium nitrates washing down the Mississippi River and creating that vast dead zone in the Gulf of Mexico resulted from the "green revolution," the ability to grow monocultures of corn and soybeans in the Midwest using fossil fuel based inputs which replaced the natural fertilization of soil from crop rotation and farm animals. All that corn provided feed for former grass-eating ruminants like cows, which instead have been force-fed a cereal to which their rumens are not adapted, leading to sickness which must be controlled by massive inputs of antibiotics, which have led to the proliferation of drug-resistant bacteria strains. The superabundance of corn led to the proliferation of high fructose corn syrup as the sweetener and taste enhancer of choice, leading to an epidemic of obesity, Type II diabetes and heart disease. The elimination of natural modes of transportation, like walking and biking, or fuel-efficient means of transportation like passenger rail, was necessary for (and the result of the manipulation by) the big automakers, who then proceeded to design the most inefficient, overweight and CO2 belching vehicles possible, adding to the gaseous load of the troposphere. So we have become the tools of our tools, as Thoreau warned. Maybe it's just a phase in human development, however. Maybe high-tech breakthroughs like solar power at the individual level, sustainable farming (though hardly anything new, just rediscovered), and efficient mass transportation will make their necessary comebacks, along with other vital heat-maintaining technology which can be scaled at the human level. The question is how we can break through to such solutions when the vested interests, including the federal government, seem trapped in the illusion that restoring the "consumer economy" and the specialization regime of crap jobs in the service industries is the best way out of the accelerating decline. Maybe Barack can put away the Lincoln biographies for a little while, stop worrying so much about what's going to happen in Baghdad in 2011, and take another look at what that guy living in rural Massachusetts about 170 years ago was writing about. He hasn't been wrong yet.My own starting point for this is the belief that in the years just ahead any sociopolitical entity organized at the giant scale will flounder -- this includes everything from the federal government to global corporations to factory farms to centralized high schools to national retail chains. So even expecting Mr. Obama's government to act effectively may be asking too much in a situation that will require mostly local action.
The problem is the way that the system has been reworked to serve the interests of the investor class at the expense of working people. As Wall Street has tightened its grip on the political parties, more of the nation's wealth has gone to a smaller percentage of the population while the chasm between rich and poor has grown wider and wider. The United States now has the worst income and wealth disparity since 1929 and a whopping 75 percent of the labor force has seen a drop in their living standard since 1973. The average American has no savings and a pile of bills he is less and less able to pay. Apart from the ethical questions this raises, there is the purely practical matter of how a consumer-driven economy (GDP is 70% consumer spending in US) can maintain long-term growth when wages do not keep pace with productivity. It's simply impossible. The only way the economy can grow is if wages are augmented with personal debt; and that is exactly what has happened. The fake prosperity of the Bush and Clinton years can all be attributed to the unprecedented and destabilizing expansion of personal debt. Wages have been stagnate throughout."
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10:42:00 AM
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Labels: Thoreau

