I confess I didn't think that at first when I watched "Curb Your Enthusiasm" last Sunday night. Larry David's character (Larry David) is at the house of a midriff-baring young assistant, offering her the job back as his assistant on the David-Seinfeld reunion show. The assistant had taken umbrage and quit upon hearing Larry's complaint about her attire, revealing as it did one of those typically fatty High-Fructose-Corn-Syrup bellies that young women often display now in America. Anyway, Larry, who's apparently taking a drug like Flo-Max or something, needs to take a leak at the house. An earlier scene had already "established," through a comment by Jerry Seinfeld ("You have Seabiscuit in there with you?") that Larry is producing a prodigious flow when he goes. While he's using the john at the assistant's house, backsplash from the toilet hits a painting of Jesus on the wall just below Jesus's eye. Larry sees it, makes no effort to wipe it off, and hurries from the house. Q: Why didn't he just wipe it off? A: Because it would ruin the set-up of the joke.
October 29, 2009
Blasphemy, pure & simple
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October 27, 2009
Judge Antonio on Desegregation
"Hitler developed a wonderful automobile,'' Scalia said. "What does that prove?'' "The only thing you can be sure of is the Constitution will mean whatever the American people want it to mean today,'' Scalia said. "And that's not what a Constitution is for. The whole purpose of a constitution is to constrain the desires of the current society." In the first place, the idea that Hitler developed the Volkswagen is somewhat apocryphal, but it's curious that's where Tony's mind went. I agree that whether or not Hitler designed a wonderful automobile seems pretty far removed from the question of whether black students in Kansas in 1954 (and later elsewhere, of course) should have been confined to all-black schools run by the state. I'm just not seeing how Scalia's Hitler point really relates to the argument he was making. The problem, of course, must be mine, because everyone knows how smart Judge Scalia is. I'm pretty sure that Brown vs. Board of Education was based on the Equal Protection Clause of the 14th Amendment to the United States Constitution. Here's the text: Speaking at a forum recently at the University of Arizona Law School, Justice Antonin Scalia (whom Bush called "Antonio") stated that he probably would have dissented in the landmark case of Brown vs. Board of Education and voted to maintain that stately Southern (and not just Southern, of course) institution known as "separate but equal." According to Antonio, if a state decides to segregate its schools along racial lines, that's well within their rights because the Constitution is "silent" on such a point. His expatiated on his reasoning as follows:
Using his "originalist'' philosophy, Scalia said he likely would have dissented from the historic 1954 Brown v. Board of Education decision that declared school segregation illegal and struck down the system of "separate but equal'' public schools. He said that decision, which overturned earlier precedent, was designed to provide an approach the majority liked better.
"I will stipulate that it will,'' Scalia said. But he said that doesn't make it right. "Kings can do some stuff, some good stuff, that a democratic society could never do,'' he continued.Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
So here's the first question that comes to my mind under Tony's "originalist" approach: what does "due" mean in the due process clause? It doesn't actually say. I guess a circular approach is all that is left to us. Due process is the process of law that is due to an American citizen. The Sixth Amendment gives us some clues: j
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Justice Tony adds an important caveat: not if you're a Muslim captured by the United States anywhere in the world.
Still, confining the issue to American criminal defendants, suppose the state of Texas decides to streamline its capital punishment process so that defendants, once convicted by a jury, are summarily executed by firing squad the same day. (The Third Reich used this approach, in the unlikely event there was a trial in the first place.) What Constitutional limit stops Texas from doing so? We all know Governor Perry (and George W. Bush, way back when) would prefer this expedited method. Antonio would have to let this one go, too, I'm afraid, just like segregation.
Judges not quite as smart as Scalia concluded back in 1954 that a state which divided up its schools along racial lines, with whites clearly in the majority and in better facilities, created a situation which was "inherently unequal," and one reason for this conclusion was the stigma of segregation itself. Tony went to a private Catholic high school in Manhattan, so it didn't matter all that much to him.
I doubt that the Founding Fathers, even the slave owners, really thought that the purpose of the Constitution was "to constrain the desires of the current society," if that meant that the desire of a society for equal protection should be defeated because we can't find the word "desegregation" in the document itself. It's possible that Enlightenment thinkers such as Thomas Jefferson were even smarter than Antonio, and did not imagine that the Constitution they created would be limited by intellectual gimmicks like "originalism." Indeed, they were smart enough to know they didn't know everything yet, which is why they used general words like "due process" and "equal protection," without attempting to enumerate the precise application of those words to every social situation. They were writing a guideline, not the Encyclopedia Brittanica.
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11:20:00 AM
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Labels: Constitutional law
October 26, 2009
Obama's golf game
Apparently, Barack hits the links on Sunday afternoons, often playing on military courses in the D.C. area. He's only been playing golf for about 15 years or so, and his handicap is around 24, which means on an average 72 par course, he shoots around 96, but often strays into the low 100's. In other words, he's not a very good golfer. He's good-natured about it, though, although he likes to "trash talk" on the course to get "into other players' heads."
Victims of the Bush administration’s “enhanced interrogation techniques,” including Mr. Mohamed, have already spoken in harrowing detail about their mistreatment. The objective is to avoid official confirmation of wrongdoing that might be used in lawsuits against government officials and contractors, and might help create a public clamor for prosecuting those responsible. President Obama calls that a distracting exercise in “looking back.” What it really is is justice.
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12:08:00 PM
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October 22, 2009
Nothing new under the financial sun
This week "Frontline" did an interesting report on Brooksley Born (left photo), probably someone you haven't heard of because her tenure in government was abruptly truncated when she failed to act like one of the boys. She was Clinton's original choice as head of the Commodities Future Trading Commission. A Stanford law graduate, a very seasoned securities litigator with Arnold & Porter in Washington, D.C., she took her rather obscure job seriously and immediately became concerned about the immense volume of unregulated derivatives traded over the counter with no federal oversight at all. So she proposed regulations to force this off-site gambling into the open, where it would be subject to normal capital requirements, disclosure and reporting.
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1:43:00 PM
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Labels: American collapse
October 21, 2009
Nonsensical Slogans as Official Policy
I've remarked a few times on a phenomenon which has become the norm in American politics over the last decade or so, namely, the Nonsensical Slogan as official policy. As a prime example, there was Bush/Cheney's deathless repetition of the real reason for the war in Iraq: "We're fighting them there so we don't have to fight them here." In my naivete, I was prone to thinking this moronic incantation only demonstrated that Bush & Cheney were foolish. How wrong can a person be? They were way ahead of me, in actuality, because the slogan worked.
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2:15:00 PM
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Labels: War in Afghanistan
October 20, 2009
Nero's Hoedown
For those curious about the fate of the world, I recommend Dmitry Orlov's cluborlov.blogspot for the first of a three-part series on global temperature increase, and particularly the estimates on sea level rise. A business as usual approach to carbon emissions will result, according to the Hadley Centre in Britain, by the year 2055, in a 7.2 F temperature increase, with catastrophic implications for the two largest repositories of land-based fresh water, Greenland (10%) and Antarctica (90%). I suppose the usual divergence of opinion in this country remains: those who say there's no problem, like Sen. James Inhofe (R,-Hades), and those in the scientific community who claim there will be a 7.2 F global average temperature rise in the next 45 years if we don't take drastic action.
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11:42:00 AM
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Labels: American Decadence
October 15, 2009
Frontline's "Obama's War"
Pretty good show on PBS a couple of nights ago about the war in Afghanistan. An embedded reporting team moved around Helmand province in Afghanistan with Echo Company, a Marine outfit patrolling an area dominated by the Taliban. Spliced into the hour-long show were excerpts from speeches from David Petraeus and lots of think-tank talking heads. I came away with these thoughts:
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9:16:00 AM
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October 13, 2009
Obama as our guide to oblivion
A preliminary note from the always entertaining/informative Dmitry Orlov:
I've said it here before: Obama is the new Gorbachev, the smiling face behind the crumbling imperial façade, the personable, non-threatening loser. Gorbachev got his Nobel Consolation Prize in October 1990; a little less than a year later the USSR was no more and he was unemployed.
In awarding him the Peace Prize, the Nobel committee actually did some good: by reaffirming his legitimacy as a leader, it helped to weaken the hand of the conservative forces within Russia, which later staged an unsuccessful coup in an effort to reclaim control of the dissolving empire.
Gorbachev certainly deserves credit for making sure that the USSR disintegrated with a whimper and not a bang. May Barak Obama be just as successful in completing the dissolution of the USA, quietly and without any undue bloodshed. Moving forward, I wish him a long and happy unemployment.
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2:30:00 PM
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Labels: America the Beautiful
October 12, 2009
The Doppelganger Seizes Krugman's Keyboard
Nothwithstanding his Nobel Prize in Economics (and let's face it, the Nobel Committees in Oslo and Stockholm are getting pretty whimsical these days), sometimes I think the problem with Paul Krugman is that he's just not very smart. He's ambitious, obviously, since you can see him opinionating on the Op-Ed pages of the New York Times, on Real Time with Bill Maher, and on George Steph's snoozefest on Sunday mornings, where you can also listen to the Climate Change Deniers' Champion, George Will.
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Labels: American dollar
October 08, 2009
Night terrors
Writing a late night note to a friend:
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9:34:00 PM
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Labels: American meltdown
October 05, 2009
Bowing down to the GDP & other graven images
So in some respects the worship at the altar of the almighty GDP is, indeed, like the South Sea Island cargo cults. The cults took different forms, but were based on the desire of indigenous South Sea Islanders for the material goods of Westerners with whom they came in contact. Sometimes the cultists would imitate the mannerisms and dress of the Westerners, a form of thinking which proceeded on the assumption that the cargo could be conjured through magic.
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10:15:00 AM
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Labels: American economy
October 01, 2009
While my guitar gently weeps
I bought the guitar I play most of the time these days at a music shop on Scott Street in San Francisco. It must have been in the mid 1970's, because I have pictures of me playing that axe around that time or a little later. It was a Japanese knock-off of a Spanish classical style, like a Ramirez, made with a Brazilian rosewood back, a German spruce top and an ebony fretboard. It cost about $250, and it came with a hard shell case of brown leather and plush orange lining. The guitar has mellowed with age, the tone actually improving, but it was always pretty good. A few years ago I thought about replacing it. To get a guitar made of similar wood (they're not actually supposed to use Brazilian rosewood anymore because of the rain forest problem), you need to spend at least a couple of grand, so I tried a few out at a well-stocked specialty store south of Market Street in SF. These didn't actually sound as good as mine, and the action (basically, the ease of playability) was no better. I found I needed to go as high as three grand to actually do better. After a while, I just forgot about it and went back to playing the same old guitar.
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11:14:00 AM
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Labels: American Life
September 28, 2009
So what's the deal with Iran?
My guess, frankly, is that Iran signed the Nuclear Non-Proliferation Treaty (NPT) in order to proliferate nuclear weapons. I think this idea is right even if I haven't seen it worded quite that way anywhere else (which, of course, is one of the reasons it appeals to me). But think about it: if Iran tried to build an enrichment plant outside the inspection regime of the IAEA and the comprehensive gaze of the ubiquitous Mohammed El-Baradei, Israel's Mossad and the CIA (acting on a tip from the Mossad) would figure it out very soon after they broke ground for the plant. Natanz would then have gone the way of Iraq's Osirak: "ka-boom!"
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10:36:00 AM
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Labels: American foreign policy
September 22, 2009
Confusion in the Ranks: Sheetless Klan Meetings
I've been noodling on various alternative names for the White People's Rallies, and Teabagesque meetings everywhere, and haven't hit on anything completely satisfactory. KooKoo Klan was a possibility; also Koo Klutz Klan. Not quite there, but that's the creative process for you: hit & miss.
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10:32:00 AM
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Labels: American Political Scene
September 18, 2009
Obama Sets the Stage for Real Fascism?
Thanks to Eastern philosophy, I think I'm getting closer to sorting out my conflicted feelings about Barack Obama. I had fallen prey to the Western logical trap of "duality," of thinking in terms of opposing categories, so that to harbor suspicions about Obama's actual bona fides as a progressive or transformative leader placed me squarely in the yahoo camp of Birther Nation, Glenn Beck Crazies and other perplexing subgroups, with their mystifying, usually ungrammatical signs. (Why the hyphen between "Christian" and "Nation," for example?)
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10:30:00 AM
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Labels: American Government