Citizenship

Heluva SCOTUS Choice There, Joe!

/ Jack Marshall / 15 Comments

Great. We now have a U.S. Supreme Court Justice who doesn’t like the First Amendment. The Babylon Bee hardly had to be satirical to come up with that headline. During yesterday’s oral arguments before the U.S. Supreme Court in Murthy v. Missouri, the newest Justice and the only one appointed by President Biden, Kentanji Brown Jackson revealed a frightening hostility to the most important guaranteed principle of American freedom from oppressive government.

“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” Jackson told Louisiana Solicitor General Benjamin Aguiñaga as he argued against allowing Big Brother to recruit Big Tech as a political ally by intimidating social media platforms into removing posts the government finds inconvenient. I read Jackson’s quotes yesterday with genuine horror. My sister, a federal litigator of liberal tendencies, had assured me that Jackson was a smart, solid, trustworthy jurist based on her experiences appearing before her. Justice Jackson may be smart, but trustworthy she isn’t. Intentionally or accidentally, President Biden’s openly DEI appointment to fill the Court slot vacated by Stephen Breyer installed the perfect tool to assist aspiring Democrat totalitarians to achieve their agendas.

Oh please, tell us again how Donald Trump is the existential threat to democracy.

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The Latest Chaos in Haiti Brings Into Focus a Taboo Ethics Subject

/ Jack Marshall / 6 Comments

Once again, Haiti is in the throes of violence and upheaval. It has ever been thus. While the nation Haiti shares the island of Hispaniola with, the Dominican Republic, has been relatively thriving (the key word is “relatively”) Haiti is in almost perpetual chaos. Florida is expecting another mass flotilla of refugees fleeing the hell-hole, and make no mistake, Haiti is a hell-hole. Under current law, and certainly under the warped Biden administration’s immigration policies, it is hard to imagine any scenario where thousands of Haitians do not enter the American populace.

Here is the ethics dilemma that it is politically incorrect to mention above a whisper: Haiti has a toxic, violent, ugly and undemocratic culture that has been ossifying for centuries. People who come from bad cultures, and this is a truly terrible culture, tend to have values and behavior traits that are antithetical to American society. Many in our “Imagine” subculture refuse to accept the fact that any culture is inferior to any other culture; hence they oppose “assimilation,” celebrating multi-culturalism instead. Multi-culturalism eventually metastasized into the DEI religion, and the success of the United States as a nation and a culture has been built on a once-solid foundation embodying the principle that immigrants come here to become Americans, with all the values and priorities that implies. Much of the division and cultural rot we are witnessing in the 21st century is a direct result of several decades of undermining that foundation.

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A Note on Civic Competence, Respect, and Responsibility

/ Jack Marshall / 4 Comments

Sigh.

I’m trying to find out the name of the guy (it is a guy) above, but not too hard, because his name doesn’t really matter. Like a good and concerned citizen, he signed up and testified before the Missouri House against HB1650, a bill that would ban drag shows for audiences of children. The worth of the bill isn’t what I’m interested in right now, nor are the arguments for or against it. My concern is the demeanor of the testifying citizen, who was, I’m sure you will not be shocked to learn, on hand to show his opposition to the bill. As far as that goes, good for him. He is participating in the democratic process. He is civically engaged. I listened to some of his remarks; they seemed sincere, articulate, and thought out, if, in my view, misguided, but again, that’s not the issue.

The issue, an ethics one, is this: what THE HELL did he think he was doing showing up to testify dressed like that?

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From Texas, A “Better Late Than Never” Horror Story

/ Jack Marshall / 24 Comments

The Texas Monthly story is titled, “The Juror Who Found Herself Guilty.” Its tone is celebratory: a juror who made an unethical decision (though the writer attempts to mitigate it in many ways throughout his article) courageously decided to undo the wrong, and succeeded. Far from being impressed with the alleged ethics hero, Estella Ybarra, I found the story infuriating, and its conclusion that Ybarra should be admired untenable.

The story is in the familiar, long-form format familiar to readers of the New Yorker, Esquire, Vanity Fair and The Atlantic. We are given more details about the lives of all the participants in a drama than we need as well as thick context about every facet of the tale. It can be summarized easily, however, and relatively quickly.

In 1990, when Ybarra was 48 years old, she served on a jury charged with determining the guilt of a Mexican-American man accused of rape. She was the hold-out juror, Henry Fonda in “Twelve Angry Men”; everyone else was certain Carlos Jaile (above) had raped an eight-year-old girl. Ybarra was not: she felt the evidence was thin. There was no physical evidence, the defendant had an alibi, and the main proof of his guilt offered was a child’s eyewitness identification after the fact. But, we are told, Estella was still learning English despite being born in the U.S. (Whose fault is that?) and didn’t understand the justice system very well. (Or that?). As a result, she allowed herself to be bullied into voting ‘guilty’ by the men on the jury, even though she was not at all convinced Carols Jaile was.

She went home after Jaile was convicted and sentenced to life in prison, and wept, we are told. This is supposed to make her seem sympathetic. Later, Estella received a certificate in the mail stating that by serving as a juror and “accepting this difficult and vital responsibility of citizenship in a fair and conscientious manner, you have aided in perpetuating the right of trial by jury, that palladium of civil liberty and the only safe guarantee for the life, liberty and property of the citizen.” Ybarra threw the document into a drawer. She told the writer, Michael Hall, that she thought to herself, “We sent an innocent man away for the rest of his life.”

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There is Hope! Part 2, The Vindication of Waylon Bailey

/ Jack Marshall / 2 Comments

Waylon Bailey, the social media-user who was arrested by a Wuhan virus totalitarian idiot for making a joke and initially denied justice by a U.S. District Judge who doesn’t know the law, finally was awarded $205,000 in compensatory and punitive damages by a federal jury. It’s not enough, not even close, and the publicity the episode has received (virtually none) underlines that point.

These are the kinds of cases juries should address with $83 million in damages (just picking a number out of the air, there) to make the next Gestapo-inclined officer who considers punishing a citizen for exercising his constitutional rights think twice, or even three times. At least, however, Waylon Bailey was vindicated by our lately maladjusted justice system.

There is hope.

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How Do You Solve A Problem Like Rep. Omar?

/ Jack Marshall / 6 Comments

I was actually going to begin this post with a parody of the cheery song from Rodgers and Hammerstein’s “The Sound of Music,” “How Do You Solve a Problem Like Maria?,” but decided against it for two reasons. First, no English words rhyme with “Omar,” so you’re stuck with fake sort-of rhymes like “home are” and “sonar,” and second, this is too serious a problem to cover in a song parody.

Among Donald Trump’s myriad offensive, stupid and gratuitously inflammatory comments while President was when he said in 2019 that the members of “the Squad” should “go back to where they came from.” This was particularly inept since most of that group of radical, socialist, anti-Semitic and or dumb-as-bricks Democrats are “from” the good ol’ USA, but in the case of Rep. Ilhan Omar (D-Minn.) at least, Trump may have had a valid point that he, as usual, chose the worst possible way to express.

In 2019, Omar declared as part of the anti-Semitic theme much of the Squad vocally embraces, “I want to talk about the political influence in this country that says that it is OK for people to push for allegiance to a foreign country.” Her message was that a lot of U.S. officials—you know, Jews— allowed a conflicting fealty to Israel to blunt their duty to pursue what is in the best interest of the United States. But yesterday, a video surfaced on Twitter/X showing Omar rousing a Somali-American crowd in her district by saying in part,

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The Ethics Sage Asks, “Can America Ever Regain Its Civility?” No! Now What?

/ Jack Marshall / 27 Comments

Last month Steven Mintz, aka.”The Ethics Sage,” wrote a plaintive lament about how far civility has declined in our society. Steven is a distinguished philosopher and writes passionately about ethics. He’s passionate about this topic too, but can offer little in the way of solutions to a problem he has visited before. His most recent essay mostly describes the problem. He writes in part,

“Who should we blame for the decline in civility? There is enough blame to go around, but I will focus on the primary culprits. The ABA survey reports that 34% of those polled said family and friends should hold the primary responsibility for improving civility in society, while 27% said that responsibility should fall to public officials. And 90% of respondents said parents and families are most responsible for instilling civility in children, followed by schools at 6%. This result is surprising. What should a school do if not to foster good behavior, concern for others, kindness and empathy? We have clearly lost our way in that regard. We are only in control of our own actions. However, our behavior can influence others in a positive way. We need to model civil behavior, so our kids learn how to behave in the classroom and at home.”

Mintz ultimately concludes “call me a cynic but I expect things to get worse before they get better.” What would make them get better? The Ethics Sage is whistling past the graveyard to suggest that parents and school have the power to turn things around. The culture itself now encourages and glamorizes incivility.

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Unethical Quote Of The Month: Yes, Donald Trump Of Course…

/ Jack Marshall / 2 Comments

“They’re poisoning the blood of our country, that’s what they’ve done. They’ve poisoned mental institutions and prisons all over the world. Not just in South America, not just the three or four countries that we think about, but all over the world they’re coming into our country from Africa, from Asia…all over the world they’re pouring in.”

–—Presumptive GOP Presidential nominee Donald Trump during a rally in Durham, NH.

To its credit, C-Span introduced the clip of Trump blathering by noting he was talking about illegal immigrants, and I’m sure he was. However he never said “illegal immigrants” or anything similar. He just gave a number that could be illegal immigrants or just immigrants. “When they let 15, 16 million people into the country…we’ve got a lot of work to do,” he began. Wait, we “let” legal immigrants into the country: is Trump complaining about them?

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“Does Anybody Care?” The Justice System’s Ominous Sacrifice Of Derek Chauvin

/ Jack Marshall / 7 Comments

Glenn Loury, is an economist, academic, and author who holds the Merton P. Stoltz Professor of the Social Sciences and Professor of Economics at Brown University. Since he is tenured, Loury doesn’t feel constrained by the lock-step ideological conformity so many of his race (he’s black) hew to in the wake of the George Floyd Freakout. In his latest newsletter on substack, Loury writes in part,

Poetic truth “thri[ves] more by coercion than reason,” accusing all who dispute it of complicity with the ineradicably racist system that governs and has always governed the country.

That Darren Wilson executed Michael Brown is one such poetic truth; that Derek Chauvin murdered George Floyd is, I believe, another. Despite the aptness of Steele’s term, poetic truth is no truth at all, nor is it particularly poetic. It is power masquerading as fact, brute force in the guise of knowledge. The cities that burned across the country following Floyd’s death were expressions of such a truth, as was the incarceration of the police officers convicted of a crime they did not commit. The scramble to implement race-based policies and quotas, to elevate self-appointed gurus of “antiracism,” and to proclaim, against all evidence, the unreconstructed nature of American society were all tendrils of the same truth, which still threatens to assert itself whenever an incident emerges that fits its preferred pattern.

The cost in life, limb, and property incurred by this particular poetic truth would be bad enough. But I fear that, in the aftermath, when the embers have cooled and Chauvin’s name has been forgotten by everyone save his family, the true danger of the poetic truth of George Floyd will come to fruition.

Later in the piece, Loury quotes John McWhorter, the New York Times pundit: Continue reading →

And Speaking Of Ethics Train Wrecks…

/ Jack Marshall / 16 Comments

….I have a few comments on this video from Megyn Kelly’s show, now showing on the Wuhan Virus Ethics Train Wreck:

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