More about Preemptive War

Go to Bellum et Mores, start with “War, the Constitution, and the UN II: Return of the Cosmopolitans” (posted February 19), and be sure to read all the comments (I’m there). Then scroll up to read what Joe Miller’s students have to say about preemption. (Posts on other subjects are interspersed.)

Combinatorial Recreation

What’s that? It’s the term Einstein used to describe how a complex problem often is solved subconsciously while a person is engaged in a “mindless” diversion, or sleeping. I was reminded of the phenomenon by this post at FuturePundit.

Rating the Presidents, Again

Almost two years ago I commented on ratings of the presidents that were published at OpinionJournal. My own ratings were implicit in my comments, but I didn’t finish the job and produce a top-to-bottom list of presidents. David N. Mayer (MayerBlog) has done so, and done it with brilliance — here. The post is quite long, as Mayer’s posts usually are, and every bit as rewarding. You should read the whole thing, but I cannot resist the urge to give you a preview.

Mayer notes that his “rating system differs from others in deemphasizing “leadership” per se and instead emphasizing fidelity to the Constitution.” By that standard his “Great” presidents are Washington, Jefferson and Lincoln. His “Failures” comprise, in descending order, Theodore Roosevelt and Woodrow Wilson (tie), Franklin Roosevelt, Lyndon Johnson, Richard Nixon, and (last and least) Bill Clinton. I find no fault with Mayer’s rating scheme or his results.

Mayer’s designation of Lincoln as a “Great” will rankle many libertarians, especially the anarcho-capitalists who hang around the Ludwig von Mises Institute and LewRockwell.com. (My latest disparagement of their anarcho-romanticism is here. See also this piece about slavery.) Mayer says of Lincoln:

[H]e does not warrant the severe criticism that certain libertarian scholars have given him, calling him “tyrant” or “dictator” and erroneously claiming that the modern regulatory/welfare state began with the Civil War. Rather, I maintain, Lincoln did indeed save not only the Union but also the Constitution itself, from the most formidable internal threat it has ever (yet) faced.

In the end, what matters most is whether a president preserves liberty, and even advances it. How he does it is less important than whether or not he does it.

Finally, happy 274th birthday to George Washington.


Source: Wikipedia.

Lefty Profs

Orin Kerr’s post about “Radicals in Higher Education” at The Volokh Conspiracy has drawn 138 comments (and still counting). Here’s the post:

Last week, Sean Hannity expressed the following concern on Hannity & Colmes:

Kids are indoctrinated. They’re a captive audience. What can be done to remove these professors with these radical ideas from campus?

Michael Berube responds here.

Professor Bérubé also responds with a comment, in which he replies to some of the early comments and offers a link to his lengthy defense of academic freedom. (Which I may bother to eviscerate someday.) But the real issue isn’t academic freedom, it’s the one-sided political tilt that prevails in the academy.

My own comment:

Professor Bérubé protests too much. I have no time for Sean Hannity, but the essence (if not the tone) of Hannity’s question deserves a thoughtful reply. The usual appeal to academic freedom is no more than an effort to deflect attention from the intellectual bankruptcy of leftist academic cant. I have not noticed that Americans are better off for having been subjected to such cant. It took me a few decades to outgrow my own “indoctrination” at the hands of the mostly left-leaning faculty at a State-supported university. And I suspect that my alma mater was far less to the left when I went there in the Dark Ages of the late 1950s and early 1960s than it is today. As for the bias evident in Professor Bérubé’s own port-side emissions, I had this to say a while back about a piece Bérubé wrote for The Nation:

Michael Bérubé [is] a professional academic who is evidently bereft of experience in the real world. His qualifications for writing about affirmative action? He teaches undergraduate courses in American and African-American literature, and graduate courses in literature and cultural studies. He is also co-director of the Disability Studies Program, housed in the Rock Ethics Institute at Penn State.

Writing from the ivory tower for the like-minded readers of The Nation (“And Justice for All“), Bérubé waxes enthusiastic about the benefits of affirmative action, which — to his mind — “is a matter of distributive justice.” Bérubé, in other words, subscribes to “the doctrine that a decision is just or right if all parties receive what they need or deserve.” Who should decide what we need or deserve? Why, unqualified academics like Bérubé, of course. Fie on economic freedom! Fie on academic excellence! If Bérubé and his ilk think that a certain class of people deserve special treatment, regardless of their qualifications as workers or students, far be it from the mere consumers of the goods and services of those present and future workers to object. Let consumers eat inferior cake.

Bérubé opines that “advocates of affirmative action have three arguments at their disposal.” One of those arguments is that

diversity in the classroom or the workplace is not only a positive good in itself but conducive to greater social goods (a more capable global workforce and a more cosmopolitan environment in which people engage with others of different backgrounds and beliefs).

Perhaps Bérubé knows the meaning of “capable global workforce.” If he does, he might have shared it with his readers. As for a workplace that offers a “cosmopolitan environment” and engagement “with others of different backgrounds and beliefs” I say: where’s the beef? As a consumer, I want value for my money. What in the hell does diversity — as defined by Bérubé — have to do with delivering value? Perhaps that’s one reason U.S. jobs are outsourced. (I have nothing against that, but it shouldn’t happen because of inefficiency brought about by affirmative action.) Those who seek a cosmopolitan environment and engagement with others of different backgrounds and beliefs can have all of it they want — on their own time — just by hanging out in the right (or wrong) places.

Alhough Bérubé seems blind to the economic cost of affirmative action, he is willing to admit that the practice has some shortcomings:

Affirmative action in college admissions has been problematic, sometimes rewarding well-to-do immigrants over poor African-American applicants–except that all the other alternatives, like offering admission to the top 10 or 20 percent of high school graduates in a state, seem to be even worse, admitting badly underprepared kids from the top tiers of impoverished urban and rural schools while keeping out talented students who don’t make their school’s talented tenth. In the workplace, affirmative action has been checkered by fraud and confounded by the indeterminacy of racial identities–and yet it’s so popular as to constitute business as usual for American big business, as evidenced by the sixty-eight Fortune 500 corporations, twenty-nine former high-ranking military leaders and twenty-eight broadcast media companies and organizations that filed amicus briefs in support of the University of Michigan’s affirmative action programs in the recent Supreme Court cases of Gratz v. Bollinger and Grutter v. Bollinger (2003).

Stop right there, professor. Affirmative action is “popular” because it’s the law and it’s also a politically correct position that boards of directors, senior corporate managers, and government officials, and military leaders can take at no obvious cost to themselves. Further, those so-called leaders are sheltered from the adverse consequences of affirmative action on the profitability and effectiveness of their institutions by imperfect competition in the private sector and bureaucratic imperatives in the government sector.

As I wrote in “Race, Intelligence, and Affirmative Action,” here’s how affirmative action really operates in the workplace:

If a black person seems to have something like the minimum qualifications for a job, and if the black person’s work record and interviews aren’t off-putting, the black person is likely to be hired or promoted ahead of equally or better-qualified whites. Why?

* Pressure from government affirmative-action offices, which focus on percentages of minorities hired and promoted, not on the qualifications of applicants for hiring and promotion.

* The ability of those affirmative-action offices to put government agencies and private employers through the pain and expense of extensive audits, backed by the threat of adverse reports to higher ups (in the case of government agencies) and fines and the loss of contracts (in the case of private employers).

* The ever-present threat of complaints to the EEOC (or its local counterpart) by rejected minority candidates for hiring and promotion. Those complaints can then be followed by costly litigation, settlements, and court judgments.

* Boards of directors and senior managers who (a) fear the adverse publicity that can accompany employment-related litigation and (b) push for special treatment of minorities because they think it’s “the right thing to do.”

* Managers down the line learn to go along and practice just enough reverse discrimination to keep affirmative-action offices and upper management happy.

I reject Bérubé’s counsel about academic freedom as utterly as I reject his counsel about affirmative action. Academic freedom seems to be fine for leftists as long as they hold the academy in thrall. More parents would send their children to schools that aren’t dominated by leftists if (a) there were enough such schools and (b) the parents could afford to do so. But the left’s grip on the academy seems to be as secure as the grip of the labor unions on the American auto industry — and you can see what has happened to the auto industry as a result.

As I wrote here,

The larger marketplace of ideas counteracts much of what comes out of universities — in particular the idiocy that emanates from the so-called liberal arts and social sciences. But that’s no reason to continue wasting taxpayers’ money on ethnic studies, gender studies, and other such claptrap. State legislatures can and should tell State-funded universities to spend less on liberal arts and social sciences and spend more on the teaching of real knowledge: math, physics, chemistry, engineering, and the like. That strikes me as a reasonable and defensible stance.

It isn’t necessary for State legislatures to attack particular individuals who profess left-wing blather. All the legislatures have to do is insist that State-funded schools spend taxpayers’ money wisely, by focusing on those disciplines that advance the sum of human knowledge. Isn’t that what universities are supposed to do?

For another view, let us consult Katherine Ernst’s City Journal review of David Horowitz’s The Professors: The 101 Most Dangerous Academics in America. Some choice bits:

The Professors profiles scores of unrepentant Marxists, terrorist-sympathizers (the number of profs expressing utter hatred for the US and Israel is astounding), and the just plain nutty working in today’s American academe. . . . The hostility to the free society, venomous racism—it’s open season on whites and Jews, apparently—and total disregard for objectivity of these far-left-wing ideologues add up to a travesty of the idea of higher education.

These academics—whose radicalism is widespread in today’s university—are “dangerous” not because they hold such beliefs, Horowitz argues, but because they replace scholarship and the transmission of knowledge with classroom activism and the ideological subjugation of paying students. . . . Horowitz is clear: everyone “has a perspective and therefore a bias.” Academics, however, have an obligation “not to impose their biases on students as though they were scientific facts.” Academe’s left-wing establishment—which first conquered its turf during the sixties countercultural movement—is so sure of its intellectual supremacy over conservative dolts and their military-industrial-complex buddies in the White House and corporate America, that it believes it’s obligated to spread the left-wing gospel to unsuspecting students. They need to save the world from the war-mongering criminal class running the country, after all!

Stories of indoctrination run through the book, from the education instructor who required her students to screen Fahrenheit 9/11 a week before the 2004 presidential election, to the criminology professor whose final exam asked students to “Make the case that George Bush is a war criminal.” (The prof later claimed the request was to “Make the argument that the military action of the U.S. attacking Iraq was criminal,” but he had conveniently destroyed all his copies of the original exam.) Once again, the academics’ own words do the loudest talking. Saint Xavier University’s Peter Kirstein: “Teaching is . . . NOT a dispassionate, neutral pursuit of the ‘truth.’ It is advocacy and interpretation.” . . .

Faux-intellectual academic fields like “Peace Studies” are now the latest fad gobbling up university capital. Basically, they’re advocacy platforms for college credit. “Why, if the Joneses want to spend $40,000 for Bobby to study ‘Marxist Perspectives on Fema-Chicana Lit,’ by all means, let them,” some might respond. Yet as The Professors warns, the craziness has inexorably spread to fields that once held sacrosanct the pursuit of objective knowledge. Members of Horowitz’s 101 teach economics, history, and English Literature, among other standard subjects.

Many of The Professors’ profiles offer outrages matching those of Ward Churchill, the infamous 9/11-victims-were-Nazis prof. The lunacy that was Professor Churchill, it’s worth remembering, enjoyed adoration for decades within academe until the public caught on. It may be wishful thinking, but if Horowitz’s book reaches enough hands, there could be some long-overdue collegiate shake-ups this year.

Let us hope so. “Academic freedom” is not a license to waste the money of taxpayers, parents, and students on propagandizing. Academics — like politicians — aren’t owed a living, in spite of their apparent belief to the contrary. It isn’t a violation of “academic freedom” or freedom of speech to say “The junk you teach is worthless, and besides that you don’t teach, you preach. Begone!”

Related posts: Academic Freedom and Freedom of Speech (a collection of links)

QandO Saved Me the Trouble . . .

. . . of debunking a story at the website of the Ludwig von Mises Institute, in which Yumi Kim asserts that anarchy is working well in Somalia; for example:

Somalia has done very well for itself in the 15 years since its government was eliminated. The future of peace and prosperity there depends in part on keeping [a government] from forming.

But, as QandO‘s Jon Henke notes,

it’s too bad that stories like this have to come out on the same day that Yumi Kim tells us of this wonderful experiment in anarcho-capitalism…

Thousands of people have fled the northern and northeastern suburbs of the Somali capital, Mogadishu, since clashes between militia groups started over the weekend, a top city official said. . . .

[T]he Mises Institute story ends with the claim that efforts “to construct a formal government” inspire only “fear and loathing in Mogadishu and the rest of the country”. But that’s directly contradicted by evidence on the ground.

There’s plenty more. Read Jon’s entire post.

The Mises story is another example of “Anarcho-Libertarian ‘Stretching’.”

Other related posts:

Defense, Anarcho-Capitalist Style
But Wouldn’t Warlords Take Over?
My View of Warlordism, Seconded
The Fatal Naïveté of Anarcho-Libertarianism

A Politically Incorrect Democrat

UPDATE: Read this relevant post at The American Thinker, and this one at RedState.org.

Larry Summers, late of the Clinton administration, will relinquish the presidency of Harvard in the face of a pending (and second) vote of no-confidence by his faculty. Why?

Mr Summers’s brusque manner and characteristically aggressive form of questioning had turned some on the faculty against him. Resentment built into a furore last year when the president – a Harvard-trained economist – gave a speech suggesting that “issues of intrinsic aptitude” might be responsible for the dearth of women in science and engineering positions at top universities.

His comments angered some faculty members, culminating in a vote of no confidence in his leadership last March, which was passed by a 218-185 margin….

Harvey Mansfield, a professor of government at Harvard, said he thought the attacks on Mr Summers had their root in political differences. “My worry is that the feminist left and its sympathisers will take over Harvard, and I fear that the university will fall under the influence of a minority,” he said.

Tsk. Tsk. Musn’t have any “aggressive” questioning of faculty, eh? (That would be a breach of current academic etiquette. The faculty is god-like and not to be challenged in its superior knowledge of how things should be.) Mustn’t say politically incorrect things, eh? (That would be another breach of current academic etiquette, in which certain subjects are beyond debate — beyond “academic freedom” — lest certain parties take offense.)

Presumably, Prof. Mansfield has tenure, and a very thick skin.

A Legal Strategem for Pot Smokers

The U.S. Supreme Court, in Gonzales v. Raich (June 6, 2005), said in effect that the federal government can regulate the production of marijuana in any amount under the Controlled Substances Act, citing the Commerce Clause as authority. The Court later ruled, in Gonzales v. Oregon (January 17, 2006), that the federal government cannot rely on the Controlled Substances Act or the Commerce Clause to interfere with Oregon’s legalization of physician-assisted suicide. The Court has now decided, in Gonzales v. O Centro Espirita (February 21, 2006), that the federal government may not rely on the Controlled Substances Act and the Commerce Clause to bar the use of a hallucogenic drug by a religious sect.

The lesson for pot smokers is clear: You must find a way to use marijuana in committing suicide (in Oregon) or you must join a religious sect of long standing that uses pot in its ceremonies.

European Hypocrisy

A statement and question from Alex Tabarrok at Marginal Revolution:

David Irving, the British historian, was sentenced in Austria today to three years in jail for denying the holocaust in two speeches he gave in 1989. I have little sympathy for Irving but support the right to free speech. How can we in the West take a principled stand against radical Muslims who riot and kill to protest depictions of Muhammad when we jail those who attack our sacred beliefs?

“We” in America are not responsible for the actions of our European “allies.” It is evident (not only from the Irving case) that most of Europe (especially “Old Europe”) wants to defend life, but not liberty and property.

Analysis Paralysis Is Universal

Spengler observes that “The West will attack Iran, but only when such an attack will do the least good and the most harm.”

I worked for a CEO who knew that he would have to fire a goodly number of employees because of a funding cut. And everyone in the company knew it, as well. By acting quickly in response to the funding cut, the CEO could have reduced the number of firings and relieved the minds of those who worried needlessly that they would be fired. But the CEO couldn’t bring himself to act quickly, and so he put off the firings for several months. The result: more employees fired, a prolonged period of reduced productivity during the months of delay, and a less functional company after the firings (because the firings disproportionately affected the support staff).

Delaying the inevitable usually makes matters worse.

Here’s why.

(Thanks to American Digest for the link to the Spengler piece.)

Do Future Generations Pay for Deficits?

Tyler Cowen at Marginal Revolution asks and (sort of) answers the question. Here’s my take:

1. Government spending, however it is financed, commandeers resources that could have been used to produce goods and services.

2. Some of those goods and services might have gone into current consumption, others into growth-producing capital investments.

3. The financing of government spending through taxes and borrowing determines precisely who forfeits their claims on the production of goods and services and, therefore, how much and what kinds of private consumption and investment are forgone because of government spending.

4. It is safe to say that government spending reduces economic growth to the extent that it reduces private-sector investment. (Read this post for a debunking of the notion that government spending on R&D is more productive than private spending on R&D.)

5. Given the difficulty of determining the incidence of government spending on investment (as opposed to consumption), the marginal effect of government spending can be approximated by the real, long-term rate of growth of GDP. That rate — which reflects the growth-producing effects of investment spending on total output — was 3.8 percent for the period 1790-2004. (Derived from estimates of real GDP available here.)

7. The real, long-term growth rate undoubtedly is lower than it would otherwise have been, because of government regulations and other growth-inhibiting activites of government. That is to say, government inhibits growth not only by commandeering resources from the private sector but also by dictating how the private sector may conduct its business.

8. Until the onset of the regulatory-welfare state around 1906 (explained here), real GDP had been growing at a rate of about 4.6 percent. Since the onset of the regulatory-welfare state, real GDP has grown at a rate of about 3.3 percent. (Derived from estimates of real GDP available here.)

9. In sum, the regulatory-welfare state has robbed Americans of untold trillions of dollars worth of consumption and wealth. I once estimated the current GDP gap to be about $8 trillion; that is, real GDP in 2004 was $10.7 trillion (year 2000 dollars), but could have been $18.7 trillion were it not for the regulatory-welfare state. Considering the apparent effect of the regulatory-welfare state on the rate of economic growth, the actual GDP gap is probably much greater than $8 trillion.

The answer to the question about who pays for deficits is this: All generations pay for government spending, however it is financed. And the cost just keeps piling up. It’s not the deficits that matter — future generations inherent the bonds as well as the interest payments — it’s the spending that matters.

Other related posts:

Curing Debt Hysteria in One Easy Lesson
The Real Meaning of the National Debt
Debt Hysteria, Revisited
Why Government Spending Is Inherently Inflationary
A Simple Fallacy
Ten Commandments of Economics
Professor Buchanan Makes a Slight Mistake
More Commandments of Economics
Productivity Growth and Tax Cuts
Risk and Regulation
Liberty, General Welfare, and the State

Those Hard-to-Find Items

You say you can’t buy a left-handed buggy whip anywhere? Need a button hook for those shoes you’ve had since 1900? Having a hard time finding replacement blades for your Schick Injector Razor? Just move to the Commonwealth of Massachusetts. If a store in Massachusetts doesn’t stock something you’d like to buy, the Commonwealth’s bureaucrats will set things straight.

Being Logical about Religion

See this.

Related posts:

Going Too Far with the First Amendment
Atheism, Religion, and Science
The Limits of Science
Three Perspectives on Life: A Parable
Beware of Irrational Atheism
The Creation Model
Religion and Personal Responsibility
Evolution and Religion
Speaking of Religion…
Words of Caution for Scientific Dogmatists
Science, Evolution, Religion, and Liberty
The Legality of Teaching Intelligent Design
Science, Logic, and God
Capitalism, Liberty, and Christianity

Negotiating with Fanatics

“If you reward cruelty with kindness, with what do you reward kindness?”
–Hillel

Related: Rick Moran’s piece at The American Thinker about how “The left hasn’t learned a damned thing from 9/11.”

(Thanks to Dr. Helen for the quotation from Hillel.)

Anarcho-Authoritarianism

I picked up the term from Ed Driscoll, who points to a Weekly Standard review by Fred Siegel of a biography of H.L. Mencken. Siegel explains anarcho-authoritarianism, taking Mencken as an exemplar of it:

Part of the reason it’s so hard to make sense of Mencken is that he was, paradoxically, an anarcho-authoritarian. He agreed with the American Civil Liberties Union on the importance of free speech. But while that organization, under the influence of principled men such as Felix Frankfurter, argued for such freedoms on the grounds that “a marketplace of ideas” (to use Justice Holmes’s term) was the best method of arriving at the truth, Mencken supported it [free speech] in order to shield superior men like himself from being hobbled by the little people. For the same reason, Mencken was a near anarchist when it came to America, but an authoritarian when it came to the iron rule of the Kaiser and General Ludendorff. We are more familiar with anarcho-Stalinists such as William Kunstler, who had a parallel attitude toward the United States and the Soviet empire, but it was Mencken who blazed the trail down which Kunstler and his ilk would travel. [Emphasis added by me.]

In other words, for Mencken and his ilk liberty is a personal convenience, not a general principle. Mencken showed his true colors when he wrote disdainfully of the “booboisie” (boob + bourgoisie). Mencken was a closeted statist who compensated for his frustrated ambitions by ridiculing those whom he could not dominate. A different kind of compensatory rhetoric is to be found these days mainly on what we call (inaccurately) the Left. As I wrote recently, Leftists

have become apocalyptic in their outlook: the environment will kill us, our food is poisonous, defense is a military-industrial plot, we’re running out of oil, we can’t defeat terrorism, etc., etc., etc. . . .

The emphasis on social restraints [in order to avert the apocalypse] means social engineering writ large. [The Leftist] wants a society that operates according to his strictures. But society refuses to cooperate, and so he conjures historically and scientifically invalid explanations for the behavior of man and nature. By doing so he is able to convince himself and his fellow travelers that the socialist vision is the correct one. He and his ilk cannot satisfy their power-lust in the real world, so they retaliate by imagining a theoretical world of doom. It is as if they walk around under a thought balloon which reads “Take that!”

Mencken, the closeted statist, settled for ridicule. Today’s not-so-closeted statists cannot be content with ridicule; they must instead consign the objects of their derision to an imaginary hell.

Nock-ing Collectivism

I am re-reading Albert Jay Nock’s Our Enemy, the State (1935). Here’s one of the many passages I’ll be posting:

The superficial distinctions of Fascism, Bolshevism, Hitlerism, are the concerns of journalists and publicists; the serious student sees in them only the one root-idea of a complete conversion of social power into State power. . . .

This process — the conversion of social power into State power — has not been carried as far here as it has elsewhere; as it has in Russia, Italy, or Germany, for example. Two things, however, are to be observed. First, that it has gone a long way, at a rate of progress that has of late been greatly accelerated. What has chiefly differentiated its progress here from its progress in other countries is its unspectacular character. . . .

The second thing to be observed is that certain formulas, certain arrangements of words stand as an obstacle to our perceiving how far the conversion of social power into State power has actually gone. . . . We may imagine, for example, the shock to popular sentiment that would ensue Mr. Roosevelt’s declaring publicly that “the State embraces everything, and nothing has value outside the State. The State creates right.” Yet the American politician, as long as he does not formulate that doctrine in set terms, may go further with it in a practical way than Mussolini has gone. Suppose Mr. Roosevelt should defend his regime by publicly reasserting Hegel’s dictum that “the State alone possesses rights, because it is the strongest.” One can hardly imagine that our public would get that down without a great deal of retching. Yet how far, really, is that doctrine alien to our public’s actual acquiescences? Surely not far. (Hallberg Publishing Corporation edition, 1983, pp. 30-2)

Not far at all. And the acquiescences have multiplied mightily since 1935.

More Final (?) Words about Preemption and the Constitution

In “Final (?) Words about Preemption and the Constitution,” quoting myself, I say that the UN Charter

delimits Congress’s authority to declare war, even though that authority isn’t delimited in the Constitution. (There’s no mention there of “self defense,” for example.) The . . . UN Charter, therefore, amounts to constitutional amendment by treaty. That’s not how the Constitution is supposed to be amended. . . .

I have no problem with treaties that implement powers granted to Congress and the president (e.g., the negotiation and ratification of trade treaties). I have a fundamental problem with a treaty (the UN Charter) that circumscribes the power of Congress to declare war. That isn’t an implementation of a constitutional power, it’s a denial of a constitutional power. . . .

In ratifying the Charter, the Senate essentially surrendered a good chunk of (if not all of) Congress’s constitutional authority to declare war. . . . In other words, if the U.S. were to abide by the letter of the UN Charter (as interpreted by the Security Council, not Congress), the president and Congress would be prevented from taking actions that they judge to be in the best interest of Americans. That, it seems to me, vitiates the Framers’ intent, which was to place the decision about going to war in the hands of the elected representatives of the people of the United States — and certainly not in the hands of foreign powers.

Here is Mr. Justice Black, writing for the U.S. Supreme Court in Reid v. Covert (1957):

Article VI, the Supremacy Clause of the Constitution, declares:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;… .”

There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. . . .

There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. 33 For example, in Geofroy v. Riggs, 133 U.S. 258, 267 , it declared:

“The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the [354 U.S. 1, 18] government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.”

In sum, a treaty (such as the UN Charter) may neither violate nor change the meaning of the Constitution. The UN, in other words, may not in any way usurp the authority of Congress (or the president) to decide when and in what circumstances the U.S. goes to war.

Other relevant cases:

1. . . . a treaty may not enlarge or amend the Constitution of the United States. In the case of New Orleans v. U.S. (10 Pet. 662, 1836), the Court said that Congress cannot by legislation enlarge the Federal jurisdiction nor can it be enlarged under the treaty-making power.

2. Again in Doe v. Braden (16 How. 635, 1853), the Court indicated it thought that the Constitution was superior to a treaty when it stated: The treaty is therefore a law made by the proper authority, and the courts of justice have no right to annul or disregard any of its provisions, unless they violate the Constitution of the United States.

3. Later, in The Cherokee Tobacco Case (11 Wall.616, 620-621, 1870), the Supreme Court stated: It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument. This results from the nature and fundamental principles of our Government.

Case closed.

Hurricanes and Glaciers

Pat Michaels has a good piece at TCS Daily, which ends with this:

So what we have here are two stories making a lot of headlines — Greenland is melting and hurricanes are strengthening. Both things are true. And, again, looking at real data it is apparent that at this time they are both part of a natural cycle that has been going on for thousands of years.

And he has the numbers to back it up.

Related posts:

Climatology
Global Warming: Realities and Benefits
Words of Caution for the Cautious
Scientists in a Snit
Another Blow to Climatology?
Bad News for Politically Correct Science
Another Blow to Chicken-Little Science
Bad News for Enviro-nuts
The Hockey Stick Is Broken
Science in Politics, Politics in Science
Words of Caution for Scientific Dogmatists
Hurricanes and Global Warming
Global Warming and the Liberal Agenda
Debunking “Scientific Objectivity”

A Rant about Torture

Verity at Southern Appeal asks:

I’d love to know where the SA contributors and yellers stand on torture. How many believe that torture is never permissible?

One of her co-bloggers responds:

Torture is never morally permissible.

To which I said:

Think about the implications of what you are saying when you say that “torture is never morally permissible.” If “torture is never morally permissible” one would never torture a terrorist in order to save a city or a kidnapper in order to save a child who has been buried in a container with a limited amount of oxygen — to take but two relevant examples. By the way, torture can work — contrary to the protestations of the anti-torture crowd. How? You get the subject to cough up the information you’re seeking, and you tell him that if the information is incorrect he ain’t seen nothin’ yet. And you can make it proportional, for example, a family for a family unless the information is correct. Of course, I’m talking about situations in which it’s quite clear that the torturee has or can lead you to the information you seek. If that’s not the case, you’re just wasting your time. Cold-blooded. You bet. This isn’t a game of tiddly-winks, it’s a fight to the finish. I think it’s immoral not to save innocent lives. That’s what’s not morally permissible.

For more about the “fight to the finish,” read this.

P.S. Anyone who thinks that abstaining from torture will make the bad guys any less bad hasn’t been paying attention:

September 11, 2001

* * *

Women take the body of their relative killed in a school seizure, in a makeshift morgue in Vladikavkaz, North Ossetia, Saturday, Sept. 4, 2004. The bodies were brought to Vladikavkaz for identification. More than 340 people were killed in a southern Russian school that had been seized by militants, a prosecutor said Saturday. (AP Photo/Sergey Ponomarev)

* * *

Pair of Car Bombs in Iraq Kill Dozens, Including Many Children

By DEXTER FILKINS

Published: September 30, 2004

BAGHDAD, Iraq, Sept. 30 — In one of the most horrific attacks here since the fall of Saddam Hussein, a pair of car bombs tore through a street celebration today at the opening of a new government-built sewer plant, killing 41 Iraqi civilians, at least 34 of them children, and wounding 139 people.

The bombs exploded seconds apart, creating a chaotic scene of dying children and grieving parents, some of them holding up the blood-soaked clothes of their young, and howling in lament. Arms and legs lay amid pools of blood, with some survivors pointing to the walls of the sewer plant, now spattered with flesh….

* * *

ABC News Online
Wednesday, November 3, 2004. 1:50am (AEDT)


Zarqawi group releases beheading video of Japanese hostage

A group led by Al Qaeda-ally Abu Musab al-Zarqawi has showed the beheading of Japanese hostage Shosei Koda in Iraq while he was lying on top of a US flag in an Internet video.

* * *

Two wrongs don’t make a right. But the use of torture in an effort to prevent such acts is right. What’s wrong is a deliberate failure to prevent such acts because of a squeamishness about torture. Torture in such circumstances is a defensive act, not an aggressive or punitive one.

Government’s Role in Social Decline

Americans have come to expect much from government. There is the notion that government is supposed to provide a “social safety net” for ourselves, our children, our elderly parents. Then there is the idea that government is supposed to ban things that are bad for us and force us to do things that are good for us (e.g., smoking bans and mandatory seatbelt laws). Related to that is the use of government to make the world a sightlier and more pleasant place by zoning private property, providing public parks, banning billboards, and suchlike. Finally (for now), there is the idea that government should be “in charge” of certain endeavors, such as education, broadcasting, stock trading, election campaigns, and private voluntary conduct that might affect the “rights” of certain “protected” groups of persons.

The realization of all those expectations (and more) has had these effects:

  • Americans have learned dependence, instead of self-reliance.
  • Civil society has all but vanished, and with it our ability to solve problems and resolve conflicts cooperatively. Instead, we are forced by government to accept one-size-fits-all solutions.

As someone once said, the symbol of America is supposed to be the eagle, not the clam.

In Related News

UPDATED, 02/17/06
UPDATED, 02/19/06

A few of the things I came have come across today that bear on yesterday’s post aboutRiots, Culture, and the Final Showdown” (ADDITIONS BELOW):

Michael Barone says, “Tom Bevan of www.realclearpolitics.com weighs in on Al Gore’s speech about visas, as does Kathleen Parker in the Orlando Sentinel. I haven’t yet seen any defense of Gore’s comments.” And Michelle Malkin piles on.

Right Angle (the blog of Human Events) notes that “Islam Demands ‘Defamation Law’ of UN.”

WorldNetDaily reports:

The University of Washington’s student senate rejected a memorial for alumnus Gregory “Pappy” Boyington of “Black Sheep Squadron” fame amid concerns a military hero who shot down enemy planes was not the right kind of person to represent the school.

Student senator Jill Edwards, according to minutes of the student government’s meeting last week, said she “didn’t believe a member of the Marine Corps was an example of the sort of person UW wanted to produce.”

Then, there’s Russia, which we should not count among our allies. Alexandros Petersen offers particulars at TCS Daily.

P.S., Thanks to Maverick Philosopher for plugging “Riots, Culture. . .”

ADDITIONS, 02/17/06:

John Mandez at The American Thinker says that because

American forces cannot be defeated in the field, [bin Laden’s] last desperate hope is appealing to leftist anti-American guilt at home, and thereby sapping our will. . . . He fully understands that as Iraq draws ever closer to a functioning democracy his medieval theocratic ideology will be summarily rejected and Iraq will serve as a model of what can be accomplished. A beacon of hope in a sea of desperation.

Michelle Malkin is on the case of the U.S. ports that would be handed over to a company that operates out of Dubai.

The RCP Blog has more about Al Gore’s recent anti-American speech in Saudi Arabia.

Best of all, there’s a series of essays (“The Forever Jihad“) by Donald Sensing (One Hand Clapping), which I just discovered. Some excerpts:

[Bin Laden’s] goals are evident from his own declarations and are –

1. Expel America’s armed forces from Saudi Arabia, emplace Islamist regimes and sociopolitical order there and expel all non-Muslims of any sort,

2. Emplace Islamism in the other countries of the Persian Gulf,

3. Then reclaim Islamic rule of all lands that were ever under Islamic control and emplace Islamism there,

4. Convert the rest of the world to Islamism. . . .

Islamism has been defined by scholars such as Gilles Kepel as “political Islam” and it existed long before Osama bin Laden came along. (See my PDF essay on the history of Arab terrorism.) What we call Islamism began some decades ago as a Muslim reform movement and was not originally violent. Islamists generally call for the unification of a Muslim country’s law and social order under the umbrella of sharia, strict Islamic law. The apparati of the state, the mosque and civil society would be a single, organic unity. . . .

So far I have reviewed al Qaeda’s objectives and strategy, explained the distinction between Islamism and jihadism and discussed the theology of Islamic suicide bombings. A short review:

** Islamists call for the unification of a Muslim country’s law and social order under the umbrella of sharia, strict Islamic law. The apparati of the state, the mosque and civil society would be a single, organic unity.

** Jihadism is a war-based, expansive, aggressive form of Islamism for which the use of violence is the central tactic.

** After jihadism swallowed Islamism beginning in the 1970s, they are starting to diverge again, at least a little. But their differences concern not what they want to accomplish, only how.

Islamists are determined that all of human existence be brought under the sway of Islam (as they define Islam, of course). While we rightly continue to worry about and guard against deadly attacks against us by al Qaeda, the long-term menace of Islamism is not jihadism. Jihadists, because they are overtly military in nature, can be effectively (though not always easily) defeated with our own military. Jihadists attack with hammer blows. Remove the hammer and its wielders and construct strong enough shields and the blows and their effects will be reduced.

But Islamism is like a fog that enfolds itself within and around, over and through a society. Western countries have a long tradition of religious freedom, but this freedom is predicated on the presumption that religious freedom will not threaten the political nature and autonomy of the state. . . .

The entry of large Muslim populations into this system, whether entry by immigration or conversion, is a deep challenge to Westernism’s survival. It simply remains to be seen whether Islam itself can be politically pluralist in countries where it holds sway. Islamism, of course, does not even pretend to pluralism. . . .

Simply put, the dictates of the Quran cannot be reconciled with the social mores and liberties of Western society. . . .

From Mohammed’s day until now, Islam has always assumed that it would rule the societies in which it existed. . . .

ADDITIONS 02/19/06:

The Strata-Sphere offers a thoughtful, dissenting view about the case of the U.S. ports:

We are starting to look at ‘them’ and find ways to wall them off from ‘us’, and the rationales are too often generalizations about ‘them’ as opposed to finding instances of real problems with real individuals – irregardless of the ancestral, cultural or religious roots.

The one bugging me right now is the outcries about a UAE company acquiring control of a British company that runs some of our ports. Has anyone heard that this is a British company, using American employees, which is selling a controlling interest to a UAE company?

I hadn’t. By the outcry I thought UAE Muslims were taking complete control of the ports (which, by the way, are also run by the US Coast Guard) and would be smuggling nuclear bombs through them any day now. That is the fear being alluded to that is driving us to create the ‘them’ and ‘us’. The UAE is one of the most western Middle East countries and they have a lot of commercial ties to the West because they have been investing their oil monies to modernize the region. . . .

Looking down the road to what we want to see in the future I see a democratic Middle East with successful growing economies living peacefully (but competing commercially) with the western nations. I see future Japans and Germanys leading the Arab nations out of their current despotism. And nations like the UAE and Kuwait and Qatar are pathfinders for this knew, peaceful future.

And because of fear we are about to do Al Qaeda’s bidding and nip this opportunity in the bud. Because an ‘Arab’ country of ‘Muslims’ is continuing to work its way into the Western economic picture – we are up in arms. . . .

We WANT a modern, peaceful Middle East as an economic partner. We cannot live in fear of every Arab or Muslim or we will fulfill Al Qaeda’s dream and WE will be the ones that divide the world into ‘haves’ and ‘have nots’. We do not target groups and punish them for sharing blood or religion with our enemies. We identify individuals and prosecute them (or kill them) if they are working with our enemies.

Well said.

On the other side of the ledger, there’s always more to say about appeasers, and The American Thinker says it. And Wizbang has this to say about the hypocrisy of America’s media.

In the news:

Muslims Assault U.S. Embassy in Indonesia

At Least 15 Die in Nigeria Cartoon Protest

Nigeria Militants Threaten to Hit Tankers

And so it goes.