Month: July 2019

Independence Day Morning Ethics Warm-Up, 7/4/19: Jefferson, Amash, Snyder [UPDATED]

/ Jack Marshall / 10 Comments

Happy birthday, USA!

1. Thomas Jefferson’s Day. Since Nike chose this time to announce that it was ashamed of the Revolutionary War flag, and Charlottesville similarly picked this week of all weeks to distance itself from it most famous and accomplished son,  it is appropriate to recall why Thomas Jefferson is the single American who should be most honored on the Fourth of July.

At the Foundation for Economic Education site (excellent site, by the way), the organization’s president, Lawrence W. Reed, offers a cogent rebuttal to those who would metaphorically (or literally) tear down Jefferson’s memorials because he could not find it in himself to stop practicing slave-holding while publicly making the case against it. Reed writes in part,

More than any other man or woman, July 4 belongs to Thomas Jefferson. As the principal author of the charter that proclaimed America’s independence and the reasons that impelled it, his spirit and his words are essentially what we celebrate on this day.

That such praise is not deemed “politically correct” in some quarters and may even evoke hostility in others is not a pleasant commentary on the state of current political dialogue. A kind of intertemporal bigotry is loose in the land. It prompts the virtue-signaling self-righteous to judge people of the past against the conventions of today. Isn’t it strange that evolution is accepted as natural in the biological world but often not in the realm of human thought?

…[H]umans didn’t support slavery one day and then oppose it when they all woke up the next. Some people never saw the light; others were against it from the moment it first entered their minds. Millions in the late 18th and early 19th centuries were somewhere in between, and lots of them evolved on the issue over the course of their lives. In other words, they learned and they changed. That’s how humanity progresses.

Thanks to visionaries like Jefferson, Americans were forced eventually to end the contradiction between the words of the Declaration of Independence and the reality around them. Jefferson’s own words were evoked to accomplish that.

Historian Jim Powell, in his FEE article of July 1, 1995, titled “Thomas Jefferson’s Sophisticated, Radical Vision of Liberty,” addressed the slavery issue thusly.

“Though Jefferson had personal failings—in the case of slavery, a monstrous one—they don’t invalidate the philosophy of liberty he championed, any more than Einstein’s personal failings are evidence against his theory of relativity. Moreover, every one of Jefferson’s adversaries, past and present, had personal failings, which means that if ideas are to be dismissed because of an author’s failings, Jefferson and his adversaries would cancel each other out. When historians finish dumping on Jefferson, they still won’t have cleared the way for Karl Marx or whomever they admire. Jefferson’s accomplishments and philosophy of liberty must be recognized for their monumental importance.”

So yes, Thomas Jefferson wasn’t perfect. And neither are his critics. They should hope that across their entire lives, they might accomplish for liberty what Jefferson achieved in a few weeks of literary genius. He marshaled the English language on behalf of ideas, and they sparked liberty’s loudest thunderclap in human history….

2. Yes, Rep. Amash is an Ethics Dunce. One reason the Tea Party movement ran out of gas is that the elected officials who rose to power under its banner were mostly unqualified, doctrinaire, simplistic grandstanders who seemed to think bumper-sticker slogans are a substitute for reasoning. Amash is typical of the breed. He recently gained the praise of the Trump Deranged by declaring that the Mueller Report proves that the President engaged in “high crimes and misdemeanors” (it doesn’t, but any effort to undermine President Trump qualifies as heroic  to “the resistance”).  This predictably attracted a furious backlash in his district and his party, and Amash’s prospects for re-election in 2020 now appear to be about on par with John McCain’s.

His solution? Amash has declared that he is “disenchanted” and “frightened” by party politics, so he is leaving the Republican Party and becoming an Independent.

Party flipping mid-term is per se unethical, as I have pointed out here before.  He has a contract with his voters to serve in the party whose banner under which he presented himself for public service, and the party that helped fund his campaign. One of the few party-switchers in political history who did the deed ethically was former Texas  Senator Phil Gramm. [CORRECTION NOTICE: I had originally written “the late” here, because I was sure Gramm was dead. He’s not. I’m glad.] From my post about West Virginia’s Governor Jim  Justice, who switched from Democrat to Republican in 2017…

Just days after  he had been reelected to a House seat  as a Democrat in 1982, Gramm was thrown off the House Budget Committee in a dispute with party leadership. In response, Gramm resigned as a Representative, changed parties, and ran for his old seat as a Republican in a special election. He won easily, and  was a Republican ever after. That’s the honorable way to do it.

Rep. Amash isn’t honorable. He isn’t ethical. And after Election Day 2020, he won’t be in Congress.

Good. Continue reading →

July 4th Celebration Ethics

/ Jack Marshall / 15 Comments

Since anything this President of the United States says, tweets, decides or does is automatically wrong, bad, stupid or ominous (according to 90% of the news media and the immovable “resistance”) the big story today will undoubtedly be how lousy the Trump-produced celebration in Washington, D.C. is.

Nobody will mention that the celebration has been pretty continuously lousy for decades, low-lighted by the hollowed out, aging, croaking shell of The Beach Boys that headlined the festivities for so many years, giving it the whiff of a cheesy local summer  county fair. It was high time someone shook up the thing, and this President, who has experience in theatrical production, is as good a choice to do that as anyone, except for those who refuse to concede that he is good for anything.

Most of the recent bitching has focused on the President’s insistence that a tank be part of the festivities. I can see several reasons why the President, or any President, might want to do this. The tank is a symbol of  military force, and a less ambiguous one than parading soldiers. In the midst of the kind of tough diplomacy with several hostile powers, sending the message that this administration, unlike the last one, is not reluctant to project the threat of military action has some obvious benefits.

Or maybe the President just likes tanks. Continue reading →

Ethics Warm-Up, 7/3/2019: Holiday Follies [UPDATED]

/ Jack Marshall / 22 Comments

The end of Pickett’s Charge, July 3, 1863

Happy weird mid-week day before a holiday when almost nobody seems to be working…and remember Pickett’s Charge, July 3, 1863.

But ethics never takes a break…

1. Oops! Did we miss the real holiday? On this date in 1776, John Adams wrote to Abigail that the day before, July 2, 1776, the Continental Congress had voted to declare American independence from the British Empire. Adams predicted that July 2 would eventually be celebrated by every generation of Americans with parades, speeches, songs and fireworks, which Adams called  “illuminations.” Why did he turn out to be wrong? Oh, because history is messy, mistakes don’t get corrected, and tradition becomes more important than facts. (Once again, “The Man Who Shot Liberty Valence” rule applies: “When legend becomes fact, print the legend!” )

What happened on July 4th? The unsigned but ratified Declaration was sent to the printer on that date, and the printer dutifully marked his prints with “July 4, 1776”. The delegates didn’t start signing the document until August 2, and all the signatures weren’t down on parchment until November. The dramatic depiction of the signing taking place on July 4 in the musical and movie  “1776” is fake history.  It’s not all Broadway’s and Hollywood’s fault: the iconic painting “Declaration of Independence,” by John Trumbull, a version of which hangs in the Capitol Rotunda in Washington and which the actors are staged to re-enact in “1776” is often captioned “July 4, 1776.”

Trumbull’s artwork actually shows the moment on June 28 when the Declaration drafting committee officially presented its work to  the chairman of Continental Congress. John Hancock, There never was a signing ceremony.

Nonetheless, July 4 has, for some reason, been an unusually felicitous and significant day in U.S. history. It would be difficult to pick another that carried so much history, even without being the chosen date to honor the nation’s founding. Three of the first five U.S. presidents died on July 4, with John Adams and Thomas Jefferson famously dying on that date within hours of each other in 1826, fifty years after….the Declaration was sent to the printer.

But July 4, 1803, was the day word arrived from Paris that the Louisiana Purchase was complete, having been signed by Napoleon.  Without it, the United States would have been a very different country, and a much weaker and poorer one.

July 4, 1863 also was the date Robert E. Lee acknowledged his defeat at Gettysburg after his desperate, risky, massed attack on the Union line across a fence-strewn field and up a grade into artillery fire failed. That defeat probably sealed the fate of the Confederacy, and meant that this unique nation would, despite a bloody close call,  have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth. Continue reading →

A Kardashian Sister Is Exposed As Hypocritical And Mean. What A Surprise…

/ Jack Marshall / 8 Comments

Khloé Kardashian–thatr’s her on the right— was long the ugly duckling of the Kardashian sisters—taller, chunky, cruder features. Her travails at dieting and her insecurities in comparison to her more glamorous—but equally trivial and useless—sisters Kim and Kourtney was an ongoing theme in the brain-meltingly crude and cretinous reality TV show “Keeping Up With The Kardashians,” which has been making Americans idiotic for 16 years, enough time for Khloe’s half-sisters Kendall and Kylie Jenner to grow from little girls into professional sluts too.

After yo-yoing on the weight spectrum in full view of America, Khloé found the right combination of cosmetic surgery, exercise and diet to transform into  Khloé 2.0:

Well, good for Khloé . Now she fits right in! See?

 

Somehow this all reminds me of the creepy Twilight Zone episode, “Number 12 Looks Just Like You.”

But I digress. Here’s the scandal:Khloé’s various sexual liaisons are hard to keep up with—she’s partial to NBA players—and the various affairs and infidelities her love life involves are reliable tabloid fodder. Lately a model named Jordyn Woods has become a Kardashian bete noir for her romantic involvement with one of Khloé’s exes,  Tristan Thompson of the NBA’s Cleveland Cavaliers. Continue reading →

OH! The Teen Who Raped A Drunken Girl And Sent The Video Of Him Doing It To His Pals On Social Media “Has A Good Family!” That Changes Everything, Then! [UPDATED]

/ Jack Marshall / 60 Comments

A New Jersey Appeals Court has reversed a decision of a Family Court judge who has a claim on the title of “Most Incompetent Judge Ever.”

The facts showed that  a drunk 16-year-old boy raped an even more drunk  16-year-old  in the basement during a party. The boy recorded a video of  himself penetrating her from behind, and then shared it on social media among friends along with a text that said, “When your first time having sex was rape.” The victim could barely recall the incident, and when she confronted her attacker, he denied that he had raped her  even as he continued to circulate the video. When the victim, known only in public records as Mary, an alias, because of her juvenile status, learned this, she had her mother contact authorities.

The Monmouth County prosecutor’s office wanted the boy to be tried as an adult. They applied for a waiver of his juvenile status, arguing that the alleged assailant’s actions were “predatory and sophisticated.”  “At the time he led ‘Mary’ into the basement gym, she was visibly intoxicated and unable to walk without stumbling,” the prosecutor wrote. “For the duration of the assault, the lights in the gym remained off and the door was barred by a foosball table. Filming a cellphone video while committing the assault was a deliberate act of debasement.”

In criminal law, the defendant’s lawyer always tries to get a “good judge,” and in this case, the accused rapist teen hit the jackpot. Judge James Troiano of Superior Court was the ideal judge for this defendant, because he apparently leads his profession in rationalizing idiocy. “Good,” in this case, meant incompetent. Continue reading →

Ethics Dunce: Professor Lara Bazelon [UPDATED]

/ Jack Marshall / 27 Comments

The click-bait headline is, “I’ve Picked My Job Over My Kids : I love them beyond all reason. But sometimes my clients need me more.”

The author is well-published law school professor Lara Bazelon, who often opines at Slate. I could, but I won’t, give Bazelon the benefit of the doubt, assuming that as a lawyer and advocate, the article is intentional hyperbole and intended to both spark debate and to assuage the conscience of other working moms. Lawyers, however, are not supposed to mislead or lie. If Bazelon doesn’t believe that she has picked her job over her kids, then she shouldn’t write it. If she does believe it, then she is rationalizing away a breach of duty.

There are millions of working mothers who have no choice other than to work when their children may need them, but Bazelon is not one of them. She writes, Continue reading →

Morning Ethics Warm-Up, 7/2/2019: Monkeys, Howlies, Nikes, And The Great Tag Hoax

/ Jack Marshall / 25 Comments

Gooooood Morning!

1. Talk about a newspaper column that is exactly the opposite of the truth! The Times had an essay in its “Review” section this Sunday with a title that gave me a shock: “Want to Be Less Racist? Move to Hawaii”

The headline would have been more accurate if it read, “Want to live in the only state with lawful and open racial discrimination? Move to Hawaii!” Hawaii gives special benefits to residents with full or partial Native Hawaiian ancestry. There is a special  Hawaiian registry program which verifies an individual’s Native Hawaiian ancestry, so the favored race can receive such goodies that are unavailable to other racial groups as buying land for a home at only $1 a year,  low-interest loans, and admission for their children to the elite Kamehameha Schools.

Anecdotally, I can also state that the only time in my life that I felt I was the target of racial epithets was in college, when the Hawaiian contingent frequently derided me and my white room mates as “howlies,” a disparaging Island term reserved for anyone who is not a native Hawaiian. I will always remember my 6’5″ roommate Dave ending the practice by saying to the two main offenders, “If I ever hear that word from any of you again, I promise that I will shove you, Howie, directly up Reggie’s ass, head first.  Are we clear on that?”

Dave never bluffed, and seldom joked. That was the last time we were called “howlies.”

2. Nike is not just scum, but cowardly, sniveling scum. Nike Inc. cancelled a U.S.A.-themed sneaker featuring the Betsy Ross American flag because Head NFL Kneeler Colin Kaepernick, a Nike endorser, told company officials that he and others felt that the  historic flag is an offensive symbol because of its connection to an era of slavery.

The Air Max 1 USA had been designed for release in celebration of the July Fourth holiday, and scheduled to go on sale this week. The heel of the shoe featured a U.S. flag with 13 white stars in a circle, the original flag created during the American Revolution and known as the Betsy Ross flag.

Wow! How racist can you get!

Continue reading →

The Attack On Andy Ngo

/ Jack Marshall / 58 Comments

This is yet another story among many exposing the ugliness at the heart of the “resistance” and the increasingly fascist American Left…and, as the night follows day, another story that the mainstream news media is attempting to minimize.

Andy Ngo, a conservative journalist and pundit with the emerging online opinion and news website Quillette, attended  a Portland, Oregon “Him Too” rally over the weekend. “Him Too” is a counter #MeToo movement that focuses on false rape and sexual assault allegations.  It was a small rally, with only a few dozen attending; heck, there are probably only a few dozen non knee-jerk progressives in Portland.  The left-wing/Anfifa/Trump Hate  mob that showed up as a counter-protest (aka. “organized effort to constrain free speech by intimidation”), however, was much larger.

That group generated masked thugs who attacked Ngo, a recognized  anti-Muslim critic, a hate-crime skeptic and a foe of the Antifa itself.  Proving his assessment correct, the Antifa beat him and threw what the news media is calling “milkshakes” at him, a description that  is literally a lie designed to trivialize what occurred.  Several of the missiles were cups full of quick-setting cement, not dairy products.  Bloody and battered, Ngo  began livestreaming  on his phone after the attacks, and could be heard asking a police officer, “Where the hell were all of you?” He was admitted to a local hospital for treatment, and at last report, was still there.

While this was occurring, Portland’s finest did nothing to intervene; the police just watched, even as some of them were struck by eggs thrown by the Antifa and the Left’s counter-protesters  threw trash cans, newspaper stands, and patio furniture into the streets. . Portland’s mayor, Ted Wheeler, is also the police commissioner, so media accounts that he cannot be said to have encouraged this dereliction of duty are also partisan, misleading spin.

Wheeler avoided commenting on his police force’s disgraceful performance until yesterday, when he tweeted some insulting boilerplate:

But “we” didn’t stand against the violence, not when a journalist whose political positions are anathema to the hard left views of Wheeler’s city was in the process of being beaten. Note also that the Mayor slyly blames the victim, who, like the group that dared to rally against a popular progressive cause, “incited violence.”

The last two tweets concluded,

How hard is the “real time” decision to stop a mob from beating up a journalist? Continue reading →

Ethics Alarms Encore: “Ethics Quiz: Four Young Children Locked In A Hot Car” (July 31, 2014)

/ Jack Marshall / 15 Comments

 

[ I’m a mess today; exhausted, distracted, sad. I’m mad at myself about it too, but you can’t reason away or rationalize away grief. Everything makes me think about my little dog. It’s 85 degrees; gee, is it too hot to walk…oh. Right. I feel like a nap: Hey Rugby, want to…oh. Of course. Silly me. Then that TV commercial comes on with the Jack Russell in the car letting his ears blow in the breeze, smiling. Rugby did that. Crap.

So, lazy though it may be, I’m going to put up an old post of interest, an Ethics Quiz. We’re heading into the “locking kids—and dogs—in hot cars” season, so here’s a post about that topic from five years ago.]

______________________________

Mom and mom advocate Lenore Skenazy writes the Free Range Kids blog, which I have to remember to check out regularly. She is the source of today’s Ethics Quiz, which she obviously believes has an easy answer. We shall see.

Charnae Mosley, 27, was arrested by Atlanta police and charged with four counts of reckless conduct after leaving her four children, aged 6, 4, 2, and 1, inside of her SUV with the windows rolled up and the car locked.  It was 90 degrees in Atlanta that day. The children had been baking there for least 16 minutes while their mother did some shopping. A citizen noticed the children alone in the vehicle and reported the children abandoned.

Skenazy believes that the arrest is excessive—that the mother made a mistake, but that compassion is called for, not prosecution:

“[T]he mom needs to be told that cars heat up quickly and on a hot summer day this can, indeed, be dangerous. She does not need to be hauled off to jail and informed that even if she makes bail, she will not be allowed to have contact with her children…No one is suggesting that it is a good idea to keep kids in a hot, locked car with no a.c. and the windows up. But if that is what the mom did, how about showing some compassion for how hard it is to shop with four young kids, rather than making her life infinitely more difficult and despairing?The kids were fine. They look adorable and well cared for. Rather than criminalizing a bad parenting decision (if that’s what this was), how about telling the mom not to do it again?”

Do you agree with her? Here is your Ethics Alarms Ethics Quiz of the day:

Was it cruel, unfair, unsympathetic or unkind for Atlanta police to arrest Mosely for leaving her four young children locked in a hot car? Continue reading →

Ethics Observations On The Marshae Jones Case

/ Jack Marshall / 18 Comments

In case you missed the facts of this instant ethics train wreck a legal case, here they are:

Marshae Jones,  27-years old, was five months pregnant when she attacked female co-worker, Ebony Jemison, 23, in the parking lot of a Dollar Store. The two had a long-standing and bitter rivalry over their romantic designs regarding a man who worked at the same company and who is apparently the father of the unborn child.  Jones  had Jemison pinned in her car while punching her repeatedly. In self defense,  Jemison grabbed her gun and fired point blank at Marshae’s stomach. The car taking Jones  to the hospital broke down, delaying a medical response. Paramedics eventually arrived, but the unborn child had been struck by the bullet, and died.

A grand juryindicted Jones for  “initiating a fight knowing she was five months pregnant,” but chose not to indict Ebony Jemison, who fired the shot. Despite the confusing and incompetent reporting on the case, it is still not certain that prosecutors in Pleasant Grove, Alabama will ultimately prosecute Jones, who according to all reports wanted her baby.  I doubt that they will.  Lynneice Washington, the district attorney for part of Jefferson County, said last week that no decision had yet been made about whether to go to trial, file lesser charges against Jones, or dismiss the case altogether.

“Foremost, it should be stated that this is a truly tragic case,” her statement said. “We feel sympathy for the families involved, including Ms. Jones, who lost her unborn child.”

Observations:

1. The fact that Jemison was not charged should surprise no one, nor does it reasonably affect the ethical and legal issues at issue here. She was attacked. The law of self-defense almost universally allows the use of deadly force when the alternative is sustaining a serious beating.  If one is attacked by a pregnant woman, the response to the attack does not have to be moderated because of the possible consequences to an unborn child. The responsibility for any adverse result to the fetus is completely the expectant mother’s.

2. Thus this headline by ABC and others like it— “Alabama woman charged in fetal death, her shooter goes free”—are inflammatory, misleading and biased journalism, blatantly attempting to take Jones’ side.

3. Alabama law declares a fetus to have the rights of a person from the moment of conception. There is nothing unethical or unreasonable about such a law, whether or not you agree with it. The reverse law, that a fetus/embryo/unborn child has no rights until birth is also ethically and legally defensible. Both cause practical problems and ethical conflicts and dilemmas, as do any compromise positions.

4. As long as a jurisdiction allows abortions within Supreme Court guidelines, there is nothing unethical about the jurisdiction prosecuting someone other than the mother who kills a fetus, intentionally or through negligence. 38 states have laws that classify fetuses as victims in homicide or assault, according to the National Conference of State Legislatures. In Alabama, a “person” includes embryos and fetuses at any stage of development, and the state leads the nation in such prosecutions. Last year, Jessica Lindsey, 29, was sentenced to 10 years in prison after pleading guilty to chemical endangerment for using heroin while pregnant. Raven West, a heroin addict who gave birth to a stillborn baby, received a five-year suspended sentence last year. And Alexandra Laird, who gave birth to two children who tested positive for heroin, received two suspended 10-year sentences and access to a treatment program, according to court records.

Regarding those three results: Good…Good…Good. I have no problem with them.

4. The question is, how different is a pregnant woman who starts a parking lot fist fight that precipitates sufficient violence to kill her unborn child from a woman who knowingly ingests toxic substances that harm or kill a fetus? I don’t see a material difference. If not, then why is it unreasonable to prosecute Jones?

5. It is amazing how deftly the same progressive advocates can turn on a dime and go from “Think of the children!” to “DON’T think of the children!” depending on what’s expedient at the time.

6. Although Alabama is currently challenging Roe v. Wade, this case has nothing to do with its defiant anti-abortion law. I see no reason to believe that Jones wouldn’t be charged under the same criminal statute a year ago or five years ago. This episode has just given pro-abortion advocates an opportunity to attack the state and make Jones into a martyr, though she was not seeking an abortion. At about 20 weeks pregnant, Jones was within the range where she could have had an abortion before the new law, so the feminist argument is, I guess, that if you can legally abort an unborn baby, you should also be able to get it shot without any consequences.

Nice.

7. The callousness with which the news media tries to spin stories related to the unborn is striking. Here’s the Washington Post:

“The 27-year-old was five months pregnant when she was involved in a fight that, authorities say, prompted a woman to fire a gun in self-defense. The bullet tore through Jones’s abdomen and caused a miscarriage.”

No, the bullet struck the unborn child and killed it. That’s not a “miscarriage.”

8. Whatever the outcome, Jones caused the death of her unborn child through outrageous, violent and uncivilized behavior, and warrants no sympathy whatsoever.

As always in such stories, her family says that Jones is a saint. Her mother calls her “a fun-loving mom, churchgoing, a hard-working lady,” insisting, “My child just doesn’t bother anybody.”  Except, that is, a woman trying to make time with the father of Jones’ unborn child, in a parking lot, where she engages in a fist fight. Yeah, that Marshae is a responsible, model citizen! How could this happen to her?

9. Her lawyers say, absurdly,

“This young mother was shot in the stomach while five months pregnant and lost her baby as a result. She lost her home to a fire and lost her job. Now, for reasons that defy imagination, she faces an unprecedented legal action that subjects this victim of violence to further distress and harm.”

I know lawyers must defend their client’s zealously, but this is legal demagoguery.  She was shot because of her own criminal actions. She was fired because she attacked a co-worker. She was a “victim of violence” necessitated by her own attack. I don’t know what the fire has to do with anything; the statement just as well might have said, “And she faces painful root canal work due to chronic tooth decay.” Talk about throwing in everything but the kitchen sink!

10. I think this is worthy of another poll.

________________________________

Sources: ABC, Washington Post, New York Times