Citizenship

Morning Ethics Warm-Up, 3/28/18: Ad-block, Rights-block, Deportation-block, and Stupid-block

/ Jack Marshall / 26 Comments

Good Morning!

1 Different rights, same unethical tactics. Debbie Wasserman Schultz (D-Fla.), whose very existence as a power in the Democratic Party is an indictment of the party’s integrity and trustworthiness, proved it again by proposing a bill that would require background checks for ammunition purchases. “You do not have the right to bear bullets,” she  proclaimed Monday at a news conference at the Pembroke Pines Police Department in Florida.

Progressives, honest observers, and the courts have rightly expressed disgust at various cynical efforts to circumvent other Constitutional rights by similar tactics. In Whole Woman’s Health v. Hellerstedt, for example, decided on June 27, 2016, the Supreme Court held in a 5-3 majority that two provisions of a Texas law, one requiring physicians who perform abortions to have admitting privileges at a nearby hospital and another requiring abortion clinics in the state to have facilities comparable to an ambulatory surgical center,  places a substantial and unconstitutional obstacle in the path of women seeking an abortion, because they constituted an undue burden on abortion access.

I wrote at the time,

“Life would be so much simpler if our elected officials and activists employed an adaptation of the Golden Rule, and looked objectively at issues from the other side’s point of view. This is especially true in the realm of rights.  Second Amendment absolutists insist that virtually any laws regulating who can purchase guns… have the ultimate goal of  eliminating that right entirely, which, in many instances is the case, especially if you listen carefully to the rhetoric of the legislators proposing such measures. There is little difference from this and what anti-abortion advocates are attempting to do with laws like House Bill 2 (H. B. 2).”

In fact there was no difference at all, and now Wasserman-Schultz is using the same unethical tactic. (Imagine: Debbie Wasserman-Schultz using an unethical tactic!)  The ethical principle is the same in both matters: a right isn’t a right if legal obstacles make it difficult to exercise that right. Any regulation imposed on a constitutional right must not create “a substantial obstacle” and must be reasonably related to “a legitimate state interest.” Wasserman-Schultz’s statement—I know she’s an idiot, but she is also a member of Congress and is supposed to know something—directly contradicts settled and core Constitutional principles. There is indeed a “right to bear bullets,” because without ammunition, the right to bear arms is an illusion.
Continue reading →

Of Course It Is Completely Fair, Responsible And Ethical For The Census To Ask For Citizenship Status…

/ Jack Marshall / 24 Comments

…and the fact that California and Democrats are arguing otherwise shows how embracing unethical policies leads one down progressively dark and uninviting alleys of dubious law and logic.

The Trump administration announced that the 2020 U.S. census would include a question about citizenship status. I am shocked that it didn’t already. Among the many things a government needs to know about its population, this demographic should be near the top. Yet Democrats have vowed to fight it in the Congress, fight it in the courts, on the beaches,  on the landing grounds, in the fields and in the streets, in the hills; and will never surrender.

Well, it doesn’t matter. Democrats are trapped. Oh, some unethical, partisan judge may hold otherwise along the way, but a nation certainly has the right and the duty to determine how many of its occupants are lawful citizens. This is zugswang for Democrats. Since they maintain that being here illegally is no crime, they cannot credibly argue that the census is trying to force self-incrimination. That’s not even their initial argument: they complain that the question will frighten respondents who fear immigration enforcement, so they won’t fill out the form.

“Let’s call this like it is: The census, written about and hallowed in the Constitution, is being distorted by this administration for political purposes. President Trump and (Commerce) Secretary (Wilbur) Ross should be ashamed of themselves,” Senate Minority Leader Chuck Schumer, D-N.Y., said in a statement. “Hopefully, the courts will correct this glaring abuse.”

What abuse? The fact that the Democrats have built their recruitment efforts on encouraging and enabling illegal immigration is their own abuse, and their own problem These are some very sick and ugly chickens coming home to roost. See, real citizens and those who have the right to live here aren’t afraid of answering that question. And while Congress represents everyone in a Congressional district, legal or not, those violating the law to be represented are cheating. They undermine our democracy.  The progressive panic over a census question that is valid and important demonstrates how cynical and indefensible the Democratic Party’s position is.  Zugswang. Trapped.

Good. Continue reading →

Morning Ethics Warm-Up, 3/26/18: “Baseball Season Begins This Week So Nothing Can Upset Me” Edition

/ Jack Marshall / 109 Comments

Good morning!

1 A Comment Of The Day. I apologize to Aleksei for not devoting a full post to his excellent commentary, but the posts have been more than a little Parkland Shooting Freak-Out—yes, that is what it is—heavy of late, so I’m highlighting his comment here. I’m also going to torment my temporarily reason-deficient—for that’s what they are—Facebook friends by quoting it.

So I went to the Boston “March for our lives” as an educational thing, because I’ve never been to one of these, and I wanted to talk to people about why they were marching. I am on the pro-gun side. The signs they had definitely were variations on what Jack has provided here. The sign with the kid in the subway car, that’s actually the Boston Red Line.

This march was definitely an emotional thing, because of the 10+/- people I spoke with, nobody was very knowledgeable on guns, gun laws, background checks, what is an assault rifle, the failings of government  in the Texas church shooting, the Parkland shooting, etc. On average, older people were more willing to have a longer conversation. On average, younger people were more irritated with me, once I told them what side of the issue I am on. I was polite and respectful, so there was never a brawl or anything.

I talked with the college girls with one of the more egregious signs ( “2nd amendment = white supremacy”) and they gave me the whole systemic racism shtick. They also had NRA = terrorism. They said the NRA buys politicians. I gave a counter example, that Planned Parenthood donates a lot of money too, where I was cut off immediately and told, that’s different, they’re not murderers, and it’s nowhere near what the NRA gives. [ Ethics Alarms note: This is not accurate.] Another woman I talked with, late 20’s maybe, told me how could I look into the eyes of children that are scared for their lives and not do something. I told her that it saddens me that kids are scared, but it saddens me more that the police failed, the school failed, and the FBI failed in Parkland. She didn’t rebut me and I wished her a good day.

I also was surprised when some young people asked me, if I don’t agree with the march, what am I doing here? I told them that this is a free country, I can be here if I want and that I can speak with other fellow Americans, even if we don’t agree on everything. On a positive note, people told me they appreciated my desire to hear the other side and learn more. It was an interesting experience, but like Jack said earlier, it was a “scream at the sky” fest. Also, the chants were boring. “Hey, Hey, NRA, how many kids have you killed today”, “What do we want? Gun Control! When do we want it? Now!”, “No more guns! No more guns!”, and so on and so forth. I want to say there were more women, there were families with children, which also had signs, people from kindergarten age to old age pensioners.

Observations:

  • Bravo for Aleksei, and anyone else who had the patience to do this. My aversion to protests,demonstrations and rock festivals. along with the brian-numb, herd-like vibe the emit. goes back to my teens.  I just couldn’t do what he did.
  • Can’t somebody write some new protest chants? Do the chanters know that recycling Vietnam peace chants just reinforces the belief that this is all generic generational bitching, and more reflex that thoughtful? If I hear “Hey, Hey” in a demonstration, it only  makes me giggle. A friend in college would react to these chants by raising his arm in a protest fist gesture and shouting “Right arm!”
  • Here is another eye-witness report.

Continue reading →

Unethical Website Of The Month, “March For Our Lives” Edition: Change.Org

/ Jack Marshall / 19 Comments

This page, the petition for gun control to “save our children” is what earns the “honor.” I see many Facebook friends, many on whom are genuinely gifted intellectually, surrendering to emotion and signing this junk, as junk it is. The petition neatly encapsulates the serial intellectual dishonestly,  misleading rhetoric and appeal to emotion that we will see bloviated all over the National Mall this weekend: I guess that has some value for historical purposes. Otherwise, it is an engine of ignorance designed to either attract the ignorant, make the less ignorant more so, or deceive.

Let’s look at this mess, shall we?

In the tragic wake of the seventeen lives brutally cut short in Florida, politicians are telling us that now is not the time to talk about guns. March For Our Lives believes the time is now. Created by, inspired by, and led by students across the country, we will no longer risk our lives waiting for someone else to take action to stop the epidemic of mass school shootings that has become all too familiar.

Nobody is saying that “now is not the time to talk about guns.” Who has said that? The statement is straw man. Agreed: now is a good time to talk about anything: guns, pangolins, acne, cabbages and kings. We have a First Amendment as well as a Second, something those Other Civilized Nations that are always being extolled in the gun debate don’t have.

Created by, inspired by, and led by students across the country, we …

Not to be pedantic, but a serious petition should be written by someone  who can speak the language. Signers are created by students? It’s bad enough that they are being led by students, who are after all, students. They do not know enough, either through knowledge or experience, to be seriously participating in a complex policy debate, much less leading it.  “We, the undersigned adults who are duty-bound to be teaching and leading our rising generation, are allowing them to dictate to us.” Good plan. How can anyone sign such a petition and not hide their head under a bag?

…will no longer risk our lives waiting for someone else to take action to stop the epidemic of mass school shootings that has become all too familiar.

This is pure appeal to emotion rather than reality. The existence of the right to own guns no more “risks lives” than the existence of anything else that is dangerous when misused. There are 10.6 deaths per 100,000 U.S. citizens due to guns according to latest statistics, including those of suicides and those killed by law enforcement. Three times that many die in alcohol-related automobile accidents. Nobody argues that we risk our lives because “someone” hasn’t taken “action” (aka, “do something,” “make it go away” “make us feel safe when nobody in a free society is ever safe”, aka. “ban and confiscate guns.”) regarding that risk we accept as part of living in a free society that includes jackasses, fools and criminals, and that’s just one of many.

There is no “epidemic” of school shootings. Students in school are safe; if they don’t feel safe, it’s because of fear -mongering from activists and the news media.

“We support the right of law-abiding Americans to keep and bear arms, as set forth in the United States Constitution.”

No, you obviously don’t. This is a pure lie (or inexcusable stupidity.) A movement called “Never Again” is either lying in its title by implying that any public policy, laws or regulations will guarantee no more gun deaths, in schools or anywhere else, or it is telling us its real purpose in the name, while lying about the movement’s real intent.

Many, many, if not most mass shooters were “law-abiding” until they started shooting. This statement either endorses pre-crime measures, profiling citizens to decide if they are a risk to eventually abuse gun rights—unconstitutional—is magical thinking, or is, again, a lie. The statement—and while it is always a fine time to talk about guns, it is never a fine time to resuscitate this zombie tautology that the NRA has been knocking down for decades—is self-rebutting.  Laws only affect law-abiding people, as long as they obey laws. Restrictive gun laws are violated by criminals, because they don’t obey laws. Nobody has ever explained how a law will not infringe “ the right of law-abiding Americans to keep and bear arms” while somehow keeping the same kinds of arms out of the hands of those who are not law-abiding. This is because it’s impossible.

“But with that right comes responsibility.”

As an ethicist, I object to a cynical use of the language of ethics to deceive, which is what this is. If the topic is responsibility, then we are talking about law-abiding citizens again, as well as ethical ones. They usually don’t use guns irresponsibly, or if they do (like killing themselves), such irresponsible use is not addressed by the measures proposed here. If I am a law-abiding citizen, I won’t be more likely to abuse my gun ownership whether I have had a background check or not. Irresponsible gun ownership includes not keeping guns where children—you know, citizens the age of the people “leading” those who sign the petition—can find them and hurt themselves and others. It includes not learning how to use a gun safely and appropriately. This petition isn’t about promoting responsible gun ownership. It’s about replacing the right to own guns responsibly with the right to own sling-shots.

We call on all the adults in Congress elected to represent us, to pass legislation that will protect and save children from gun violence.

There it is: “Think of the children!” A pure, unadulterated, inexcusable appeal to emotion over facts and reason. Continue reading →

Morning Ethics Warm-Up, 3/18/18: McCabe, Brennan, And “Fighting Joe” Hooker

/ Jack Marshall / 26 Comments

Good Morning!

1 McCabe Ethics. If you want a starting place to find smoking guns regarding the stunning bias of the mainstream media, one need look no further than the overwhelming sympathy being expressed for Andrew McCabe, the senior FBI official just fired by AG Jeff Sessions.

 Justice Department Inspector General Michael Horowitz concluded that McCabe misled investigators about his role in directing other officials at the FBI to speak to “The Wall Street Journal” regarding his involvement in a public corruption investigation into the Clinton Foundation. Horowitz’s report on McCabe was referred to the FBI’s Office of Professional Responsibility and the career officials there recommended McCabe’s termination.That means McCabe had to be fired. I never had a job in which I wouldn’t have been fired if an internal investigation showed I had lied on the job. Have you? In a law enforcement job, this is an even worse offense. Firing for cause is virtually mandatory. Of course it is. But here, for example, is “The Atlantic”:

“Andrew McCabe, a former acting and deputy FBI director who had drawn the ire of President Trump, was fired by Attorney General Jeff Sessions late Friday evening, a decision that raises troubling questions about the independence of both the Justice Department and the FBI.”

What? It raises no “troubling questions” at all! McCabe had to be fired. The fact that the President had criticized him is 100% irrelevant. He would have had to be fired if the President said he was the salt of the earth. He would have to be fired if the President said he was the spawn of Hell. McCabe lied. The internal investigation said so. He was fired. Good.

There were plenty of other reasons to be suspicious of McCabe. NBC News reported,  for example, that when McCabe’s wife, Jill, ran for the state Senate in Virginia in 2015, she accepted a donation from a political action committee controlled by then Virginia governor Terry McAuliffe, one of the Clintons’ closest allies. Then, in 2017, McCabe became a key official in the investigation of Hillary’s e-mail tricks. He should have recused himself: it’s called the appearance of impropriety. James Comey should have forced him to recuse himself. Never mind: the lies alone were enough to mandate a firing.

The news media, many believe (including me), support McCabe because he was a source for leaks—in other words, he violated the law and legal ethics to pass along confidential information. For that, if it could be proven, McCabe ought to be disbarred and prosecuted.

To read my progressive Facebook friends’ rants, as their IQ and integrity declines further every day, the current outrage is over the fact that McCabe was fired a mere day before he could take early retirement. Again, good. A high-ranked FBI official who lies on the job must be fired, not allowed to escape accountability by retiring. Once he retired, the only recourse for the Justice Department would be to indict him. It doesn’t matter that he was a day away from retiring. So what? What if he was a month away? A year? A minute? He lied. He deserved to be fired, not to be allowed to retire. The quick retirement dodge was how the Obama Administration justified letting IRS officials that criminally misused the agency for partisan warfare escape accountability.

2. And this is why the President of the United States shouldn’t tweet like a junior high school student, or like Larry Tribe  Here is former CIA Director John Brennan’s tweet in response to McCabe’s firing”

When the full extent of your venality, moral turpitude, and political corruption becomes known, you will take your rightful place as a disgraced demagogue in the dustbin of history. You may scapegoat Andy McCabe, but you will not destroy America…America will triumph over you.

It is unprofessional, uncivil, misleading and unethical. However, when the President of the United States’ daily habits make such tweets a Presidential norm, this is what you get: not just a Nation of Assholes, but a government of assholes.

Kudos to journalist Sharyl Attkisson for tweeting the perfect response to Brennan’s thuggishness:

“A guy like this would never misuse intel or his authority—would he?” Continue reading →

Ethics Quiz: Income-Based Legal Penalties

/ Jack Marshall / 49 Comments

In an op-ed in the Times,  lawyer Alec Schierenbeck argues for “progressive fines”:

“For a justice system committed to treating like offenders alike, scaling fines to income is a matter of basic fairness. Making everyone pay the same sticker price is evenhanded on the surface, but only if you ignore the consequences of a fine on the life of the person paying. The flat fine threatens poor people with financial ruin while letting rich people break the law without meaningful repercussions. Equity requires punishment that is equally felt.”

Your Ethics Alarms Ethics Quiz of the Day is..

Do you agree that “progressive fines” are a more ethical policy than having the same fines for the same violation, regardless of the offender?

Continue reading →

Morning Ethics Warm-Up, 3/16/2018: First They Came For Wonder Woman….[CORRECTED and UPDATED]

/ Jack Marshall / 34 Comments

Good Morning

… to end a frantic ethics week…

(An unusual number of the items this morning deserve a free-standing post. I’m not sure what to do about that; it’s been happening a lot lately.)

1 Not fake news, just a false news story that everyone ran with...Oops. All the angry condemnations of new CIA director designate Gina Haspel and President Trump (for nominating her, along with existing) were based on a mistake. From ProPublica:

On Feb. 22, 2017, ProPublica published a story that inaccurately described Gina Haspel’s role in the treatment of Abu Zubaydah, a suspected al-Qaida leader who was imprisoned by the CIA at a secret “black site” in Thailand in 2002. The story said that Haspel, a career CIA officer who President Trump has nominated to be the next director of central intelligence, oversaw the clandestine base where Zubaydah was subjected to waterboarding and other coercive interrogation methods that are widely seen as torture. The story also said she mocked the prisoner’s suffering in a private conversation. Neither of these assertions is correct and we retract them. It is now clear that Haspel did not take charge of the base until after the interrogation of Zubaydah ended.

ProPublica, unlike, say, CNN, knows how to accept responsibility for a bad journalism botch. Stephen Engelberg, editor-in-chief, sums up the episode after explaining how the story was misreported:

A few reflections on what went wrong in our reporting and editing process.

The awkward communications between officials barred from disclosing classified information and reporters trying to reveal secrets in which there is legitimate public interest can sometimes end in miscommunication. In this instance, we failed to understand the message the CIA’s press office was trying to convey in its statement.

None of this in any way excuses our mistakes. We at ProPublica hold government officials responsible for their missteps, and we must be equally accountable. This error was particularly unfortunate because it muddied an important national debate about Haspel and the CIA’s recent history. To her, and to our readers, we can only apologize, correct the record and make certain that we do better in the future.

Perfect. This is a news source we can trust.

2. That was ProPublica. This is CNN (The Chris Cuomo post was here originally, but it got so long I posted it separately.) Continue reading →

The Definitive Reason Why The Parkland Shooting Freak-Out Is Cynical, Dishonest Fear-mongering, And Why We Should Not Tolerate It Any Further

/ Jack Marshall / 73 Comments

David Ropeik, who teaches at Harvard and who is a risk assessment expert, finally wrote the article I’ve been waiting for…and it was published almost a month after the Parkland shooting, following almost a month of the ignorant and arrogant grandstanding  by the high school students who have been used as virtual human shields by the anti-gun lobby, almost a month after the news media and expedient politicians, including the President, began pandering to grief and ignorance while going out of their way to make the public believe that school shootings are a national crisis.

I’m glad that some sunlight of reality made it through the human-made fog, but it is unconscionable that it took this long, Now let’s see how thoroughly the news media, a full partner with the ban-gun effort, will bury it.

Before I start, however, let me salute the Washington Post. I have not read a Post Sunday Outlook section since switching over to the Times—a better paper but far, far more partisan and biased than its only close competitor—and it was stunning to be reminded what a Sunday news commentary supplement looked like that didn’t feature hysterical Trump -bashing in 75%-90% of its articles. Not only that, the Post had the courage to challenge the conventional, and false, wisdom about school shootings being actively promoted by the Times and the rest of the mainstream media.

Among the points made by Ropeik in his essay, “School shootings are extraordinarily rare. Why is fear of them driving policy?”:

  • “The Education Department reports that  roughly 50 million children attend public schools for roughly 180 days per year. Since Columbine (1999), approximately 200 public school students have been shot to death while school was in session, including the recent slaughter at Marjory Stoneman Douglas High School in Parkland, Fla. (and a shooting in Birmingham, Ala., on Wednesday that police called accidental that left one student dead). That means the statistical likelihood of any given public school student being killed by a gun, in school, on any given day since 1999 was roughly 1 in 614,000,000.”

This is not a great risk. This is not even a significant risk. To say, as the Kiddie Corps has been telling us, that this risk is “unacceptable” can only mean that the official, anti-gun position is that no risk is acceptable. Surely no one is going to argue that a 1 in 614,000,000 chance of being killed in another Parkland or Newtown is unconscionable, but a one in 1, 228,000,000 chance is just fine. And how do we reach no risk? We spend incredible amounts of money, trash our national liberties, send kids to lightless, joyless iron boxes…and there will still be a risk

  • “[S]ince the 1990s, shootings at schools have been getting less common.”

What? What about all those statistics that claim the opposite? They are advocacy statistics, spun and manipulated.  Cheating, in other words. Ropeik is hardly an NRA shill: it’s clear that he is venturing to make these observations while aware that he is risking his progressive bona fides, and thus his invitations to Cambridge cocktail parties. He writes for example,

The problem with all of this is what our excessive fears could lead to. Having more guns in schools, as President Trump advocates — or more guns anywhere — increases the likelihood of gun violence. …The Parkland tragedy itself teaches that more guns don’t automatically mean more safety: The school was patrolled by an armed guard.

The studies claiming that more guns lead to more gun violence are all based on cross-cultural, international comparisons, which many believe (as do I) pollute the findings. Do more guns in the US lead to more gun violence? Reiko himself  cited a stat that suggests otherwise: there are more guns in the U.S. now than before Columbine, and a decline in the frequency of shootings at schools. As for the armed guard, citing a professional with a gun who doesn’t do his job tells us nothing about guns, just that it is who is holding it that matters—which is what the NRA has been saying since I was knee-high to a chipmunk.

More from Ropeik: Continue reading →

Saturday Night Ethics Update, 3/10/2018: 16-Year-Olds And The NRA

/ Jack Marshall / 19 Comments

Good evening.

(The combination of an early morning seminar, a $^%%#! D.C. marathon that closed down access to the venue, and a lost power cord rendering my netbook useless conspired to prevent both late posts yesterday and early ones today: I’m sorry. I’m back at my desk, chagrined but unbowed…)

1 Why not 10? Why not 2? Poor, declining, Twitter-addict Lawrence Tribe’s ridiculous claim that the voting age should be lowered to 16 was so self-evidently silly that I assumed no one serious would adopt it.  But, as H. L. Mencken kind of said,  “No one ever went broke underestimating the intelligence of the American public,”  and as I’ll say now, nobody can underestimate the level of irresponsible proposals that anti-gun zealots will float in their desperation to gut the Second Amendment.

Last week, Temple University’s Laurence Steinberg, a professor of psychology, issued a Times op-ed arguing for Tribe’s new voters, ignoring his own profession’s conclusions that children that young, in addition to not being, you know, adults, also have not mastered stable reasoning ability because their brains are not fully formed. Never mind, says the prof:

“The last time the United States lowered the federal voting age was in 1971, when it went from 21 to 18. In that instance, the main motivating force was outrage over the fact that 18-year-olds could be sent to fight in Vietnam but could not vote. The proposal to lower the voting age to 16 is motivated by today’s outrage that those most vulnerable to school shootings have no say in how such atrocities are best prevented. Let’s give those young people more than just their voices to make a change.”

Wow, what a well-reasoned argument! I can”t wait for the proposal to lower the voting age to minus-eight months out of outrage that those most vulnerable to abortions have no say in how such atrocities are best prevented. Yes, it’s true: the anti-gun Left is willing to follow President Trump with President Kendall Jenner, as long as we let the government and police have all the guns.

Maybe Temple psychologists and lapsed Harvard Law professors should lose the vote, since they apparently can’t reason above the level of 16-year-olds. Continue reading →

Shortest Ethics Alarm Post Of The Year: A Popeye

/ Jack Marshall / 11 Comments

The Washington Post, not for the first time, just referred to Jimmy Kimmel as “America’s conscience,” a title first conferred by, of course, CNN.

Any nation that seriously regards  the slimy likes of Jimmy Kimmel as its conscience should just commit mass suicide like Jonestown, because it’s a menace to civilization.