Citizenship

Comment of the Day: “California’s High Speed Rail Fiasco”

/ Jack Marshall / 5 Comments

astrodome

I’m behind on posting Comments of the Day, and the first to be sprung from the backlog is this, from johnburger2013, giving yet another account of political leaders defeating the public will to pursue expensive and irresponsible projects that do not and cannot live up to the promises made to justify them. I wonder if there is a category of informed people who simultaneously deride the motivation for the Brexit vote, and yet condemn debacles like the California high-speed rail project. The issue, as it usually is, is trust.

Here is johnburger2013’s Comment of the Day (that day being almost a weeks ago) on the post, California’s High Speed Rail Fiasco:

Here in Houston, there is a constant litany of ideas about what to do with the Astrodome, it being one of the man-made wonders of the world (until the King Dome left it in the dust). The Dome was moth-balled when Reliant Stadium (now NRG Stadium) was built about 11 years ago, after the Astros got their own facility in Downtown Houston (thank you, taxpayers), and the Dynamo got their own facility (thank you, taxpayers), and the Houston Texans got NRG Stadium (again, thank you, taxpayers). The Rockets never played there, but they have a new stadium, too (thank you a fourth time, taxpayers), so they are not to blame. The Houston Livestock Show and Rodeo doesn’t use the facility either, because they use NRG for their events (the parking stinks, though, as big-ass crowds of people have to take limited numbers of buses and light rail [which only goes to downtown, thank you a fifth time, taxpayers] to outlying parking venues).

Continue reading →

More Culturally Subversive TV Advertising: FarmersOnly.Com’s Bigotry

/ Jack Marshall / 24 Comments

Farmers Only

The latest strain of divisiveness to become virulent in American society is resentment and anger against “elites,”  those pompous know-it-alls who have money, education, power, influence, go to work wearing suits, and listen to NPR. Certainly the Elites have asked for this backlash for a long time and in many ways, deriding “fly-over” country, mocking religion, demonizing communities that are slow accepting sudden cultural shifts like gay marriage, and reflexively using accusations of racism and xenophobia to mark conservatives as a blight on mankind. Nonetheless, the backlash is taking the form of outright bigotry, with elites now under cultural assault as “the other” in some shockingly blunt ways.

A dating service called FarmersOnly is running a series of national TV commercials that portray “city folk” as unfit for human association. These ads started off  as benign—my initial reaction that it was just strange to be slicing the dating pool this thin. Here is an example from the first wave…

I can understand Christian Mingle, which aims for a market of singles who regard religion as central to their lives, but occupational dating restrictions seemed like a Saturday Night Live skit. What’s next? PlumbersOnly? AccountantsOnly? TerroristsOnly?

Then the ads turned nasty. First there was this, trading in pure negative stereotyping: Continue reading →

Essay: On Loretta Lynch And Fighting Cynicism And Distrust Regarding The FBI Investigation Of Hillary Clinton

/ Jack Marshall / 14 Comments

America_Falling_Apar

Warning:

This is long.

I think it’s important

In the wake of Attorney General Lynch’s acknowledgment of wrongdoing in meeting, however briefly and innocently, with Bill Clinton, some  reader comments here are redolent of the destructive distrust of government and leadership engendered by this administration and others, particularly Bill’s. Yet this attitude feeds on itself, and is to an extent a self-fulfilling prophecy. If leaders think that people expect corruption, they are less likely to shy away from it. Cynicism leads to acceptance. Of course, this is one explanation of why the tarmac meeting took place—pure arrogance and a belief that with the news media’s complicity, now virtually any degree of government dishonesty and corruption will be either effectively hidden from the public, or accepted by it.

This is untrue, still. Indeed, this episode is proof that it is untrue, though the news media did make (disgusting and ignorant) efforts to shrug off the clear appearance of impropriety represented by Lynch having a meeting with Clinton the Impeached under these circumstances. Why do I labor trying to write these essays explaining the legal and ethical context of such events if readers are so poisoned by bitterness and distrust that they can’t or won’t process them, and just default to “it doesn’t make any difference, all is shit, all is lost”?  If I believed that, I wouldn’t be spending time—work  time, uncompensated time—writing this stuff. I can earn peanuts directing professional theatrical productions: it makes people happy, gives actors work, and is a lot more fun, believe me.

Paranoia, suspicion, despair, and conspiratorial views of government, which are all these comments represent, are just forms of bias. Bias makes us stupid, and in this case, bias makes us dysfunctional as a people and fearful and miserable as individuals. Continue reading →

The Washington Post’s Ethical Unethical Accurate Stupid Tone-Deaf And Dangerous Headline

/ Jack Marshall / 67 Comments
Go ahead, keep deriding "the people." Can't do any harm...

Go ahead, keep deriding “the people.” Can’t do any harm…

The big problem with the “elites” that conservatives and Trumpeteers keep demonizing is that they insist on acting and talking as if they are exactly as insolated and contemptuous of “the masses” as they are accused of being. Witness this headline on the Washington Post website, on the Wonkblog column:

Headline Post1

Talk about walking into a haymaker! This headline went viral on the conservative media and social media, with such comments as, “Know your place, peasants!” and  “Stand aside and pay attention to your betters!” As with many such incidents, the headline signals that some ethics alarms aren’t functioning in high places. How could this headline make it to the web without anyone seeing it and thinking, “Whoa! Hold it! That sure sounds like (another) call to authoritarian government, and this is the major paper in the Capital of what is supposed to be the cradle of liberty! We can print that, and if we think it, we have to be a lot more clear about what “some things” are.” What does it tell us that nobody had that thought at the Washington Post?

This is the realm of headlines, which, like internet memes and bumper stickers and Twitter posts, are not safe for expressing complex ideas, and should not be used by competent journalists to do so. Ultimately, in a representative democracy, the people do decide such things indirectly, by electing their representatives and punishing them with their votes if they don’t make decisions the public finds competent and beneficial. The Post web headline asserts an ugly and arrogant dichotomy between “the people” and what, their rulers? The intelligentsia? The aristocracy? The 1%? Journalists? Since trust in our institutions are at a dangerous low point, this is a mind-blowingly stupid thing to print, and plays directly into the hands of the anti-establishment hucksters like Trump and Bernie. Continue reading →

Why Does Colby College Think That It’s Ethical To Keep A “Bias Incident Log”?

/ Jack Marshall / 14 Comments
Might be time for a new motto, Colby. On the other hand...

Might be time for a new motto, Colby. On the other hand…

Wait…you say that more than a hundred campuses have this or the equivalent?

Oh-oh.

I am scheduled to teach a legal ethics class in the avoidance of bias in the practice of law next year, and I’m already worried. Past engagements of mine on this topic have been popular with attendees, but not always appreciated by my clients. The bar associations that make such training mandatory usually want to get someone to drone on about how lawyers should love Big Politically Correct Brother and search their souls for any germ of an attitude that would make Chris Matthews say they are racist, or the President of NARAL say they are sexist, or a Black Lives Matter activist call them privileged.  In other words, these are often devised as political indoctrination courses, using “bias” as code for “non-conforming thoughts according to progressive orthodoxy.”

I can’t and won’t teach that, because it’s as wrong as it is boring. Bias includes all ideas wedged in our minds that overcome reason and prevent just, even-handed, logical and fair decision-making. Bias makes us stupid, and for lawyers, the kind of bias I’m talking about undermines justice. Ironically, what most proponents of anti-bias courses want to do is instill biases that they and their partisan allies approve of. Once that is done, the Orwellian process is complete. “Bias” then means “not accepting our biases, which aren’t biases because we believe them, and we are good.”  The rationalization involved is 14. Self-validating Virtue.

The news and ethics issues are reaching one of those crisis points for me where everything seems to be connected to everything else, and I am torn whether to write one huge, conceptual post (the ones most readers skip) or a series of single episode posts. Facebook, a topic on its own, is revealing most of my friends whom I would identify as Democrats or progressives as in the grip of a crippling cognitive bias-based malady. Why did they think it was just wonderful for so many elected officials to deliberately ignore the core Constitutional principle of due process? Why did they reflexively attack the British vote to leave the European Union as “racist” or “xenophobic” rather than recognize it as a principled reassertion of their nation’s autonomy and democratic principles? How did freedom of speech, freedom of thought, true civil rights, and democracy itself become so alien to so many supposedly intelligent and self-proclaimed liberal adults?

Don’t worry, I’m coming back to Colby. It really does come down to bad and anti-American education poisoning the culture. In an excellent though disturbing essay on the Ethics And Public Policy website, Stanley Kurtz persuasively argues that U.S. education itself has turned against liberty, resulting in an increasing majority of citizens who do not believe or accept the virtues of core American ideals.

The incident that brought my attention to the Colby Bias Incident Log, which, at Colby and elsewhere, sends a Bias Response Team into investigation mode, was one in which a student was reported for allegedly using the idiom “on the other hand.”

No, this is not a hoax. It is not a joke. And what the fact that I am writing this suggests is far from funny. It is tragic. Continue reading →

I LOVE This Story! If You Don’t Love This Story, Something’s Wrong With You…Or You’re A Mainstream Media Journalist

/ Jack Marshall / 25 Comments

pointing and laughing

Following the Orlando terror attack, Chicago Sun-Times columnist Neil Steinberg, convinced that the attack wouldn’t have occurred if only we had sufficient gun regulations, decided to demonstrate how easy it would to obtain an AR-15 in Illinois. [This was already a bad start to his investigative reporting, since Steinberg didn’t investigate the gun used in Orlando: it wasn’t an AR-15. Then again, since anti-gun zealots don’t care about such details (“All guns BAD”) and low-information citizens still trust the news media not to misinform them, this didn’t matter to the reporter. But I digress…)

A background check was triggered by Steinberg’s application for the weapon,  and he was rejected. It seems the reporter had an “admitted history of alcohol abuse,” and there was a charge for domestic battery on his record.

Isn’t that wonderful?

Children: here is the meaning of “to be hoisted by your own petard.” Say thank you to Mr. Steinberg! Continue reading →

Eureka! Some Enlightenment Out Of The Orlando Terrorist Ethics Train Wreck! Presenting Rationalization #40 B, The Lone Inspiration Excuse, or “Do YOU Have A Better Idea?”

/ Jack Marshall / 28 Comments

Eureka

The human mind’s infinite ability to devise rationalizations to justify unethical or irresponsible conduct apparently has no bounds. One way that I have discovered many of the nearly 60 excuses, fallacies, deceits, and ethical distortions that make up the Rationalizations List is to argue with intelligent people who are determined to justify conduct that is simply unjustifiable using such legitimate tools as logic, analysis, common sense and traditional ethics. Lacking good arguments and being unwilling to do that hardest thing—give up and admit they are wrong—they pin their position on a rationalization…sometimes one I had never heard before.

The public debate over the various proposals to “do something!” about mass shootings is as depressing as any discussion I have ever participated in. The willingness of gun opponents, Democrats, journalists, pundits and otherwise intelligent people to not only defy the Bill of Rights guarantee of due process but to literally ignore its existence shows how close the stinking breath of totalitarianism is to the neck on our nation, and that it is much hotter than I realized. This isn’t an exception or an anomaly. This is a result of carefully bred contempt for American values.

The intense ignorance crossed with malice toward our Constitution reached a climax of sorts today on social media, as people who should know better (and people who do know better, like erstwhile Harvard Law professor Elizabeth Warren) applauded the cynical and hypocritical “sit-in” by House Democrats, who said they would hold their breath until they turned blue unless the Congress of the United States voted to allow the government to take away the rights of citizens based on “suspicion.” Only rationalizations can defend this position, primarily among them “The Saint’s Excuse,” or “It’s for a good cause,” “It” is this case meaning..

  • Accepting the ethically and morally bankrupt principle that “the ends justify the means”
  • Setting a precedent for allowing the government to abridge any rights it chooses once by some standard it finds a law-abiding citizen “unworthy”
  • Enacting a provision that the ACLU has pronounced unconstitutional
  • Establishing the principle that the Congress can and will abandon the rule of law as long as enough members of the public and media let emotion overcome reality
  • Lay the groundwork for a President, like say, just to pick a crazy, impossible example out of the air, President Trump, who is as ignorant of the rule of law as the position’s supporters, to really start ripping up the Bill of Rights, beginning with Freedom of the Press, Freedom of Religion and Freedom of Association.

To put it another way, it’s a really, really stupid and indefensible position.

[ The House sit-in just ended, by the way, after about a day. Nah, it wasn’t a publicity stunt! ] Continue reading →

House Democrats Sit-In To Ignore The Fifth Amendment (Thereby Disgracing Themselves)

/ Jack Marshall / 125 Comments

Sit in

When is it not a partisan act to condemn an entire political party and the followers who applaud it no matter what it does?

One example is unfolding before us: the Republican Party’s absence of sufficient integrity, principle and will to deny Donald Trump the party’s endorsement and nomination for President. It’s not a partisan act to condemn this. It is objective, rational, and responsible.

It is similarly objective, rational and fair to condemn the Democratic Party and its blind, knee-jerk followers for engaging in one of the most cynical, hypocritical and pandering displays in memory: the current “sit-in” to force the House to vote on anti-gun bills that unambiguously bypass the Fifth Amendment of the Constitution, denying American citizens their civil rights by government edict.

House Democrats, symbolically led by Rep. John Lewis, the elderly civil rights icon who seems now bent on making an ass of himself, have vowed to “occupy” the House Chamber until the no-fly list ban on gun purchasing is voted on, essentially shutting down that side of Congress.  For those whose brains are functioning, this is about as naked a display of political cynicism as we have seen, even topping Ted Cruz’s destructive government shut-downs.

Two days ago, it was Senate Democrats not Republicans, who voted down a bill that would have given the Justice Department power to block gun purchases by anyone on a terror watch list, provided that the government fulfilled its duty of  due process but going to court and satisfying to a judge  that the person on the list was there was a compelling reason to regard the citizen as a public threat. actually dangerous. That was the bill put forth by Senator Cornyn, a Republican. But Democrats could have the gun control provision they were screaming for be the work of that evil, NRA supported party, so it died in the Senate, 53/47, when enough Democrats voted against it to deny the 60 votes it needed for cloture.

Now the House Democrats are grandstanding and acting like children. Yesterday,  the House Democrats chanted from the floor: “I’m sick and tired of being sick and tired!” and “No bill, no break!” while the House remained in recess.

It is unconstitutional to allow the  federal government power to strip the rights from citizens who have been convicted of nothing without the protection of judicial safeguards.If there is any significant controversy about this, I can’t find it. The theory seems to be that because Democrats don’t like Second Amendment rights, they don’t count, somehow. You know, Democrats aren’t crazy about First Amendment rights either.  Perhaps this is why that liberal champion of long standing, the American Civil Liberties Union, opposes the no-fly bills as vehemently as the NRA. They opposed the Cornyn bill, the closest to one that acknowledges the Fifth Amendment, as well as the Democratic, “Due process? What is this due process of which you speak?” capitulations to hysteria, writing in a letter to Senators:
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Ten Observations On The Trump Assassination Attempt

/ Jack Marshall / 17 Comments

Huey Long assassination

Perhaps you missed it? Someone tried to shoot Donald Trump. From the Associated Press:

“A British man arrested at a weekend Donald Trump rally in Las Vegas tried to grab a police officer’s gun so he could kill the presidential candidate after planning an assassination for about a year, according to authorities. U.S. Secret Service agents said Michael Steven Sandford approached a Las Vegas police officer at the campaign stop to say he wanted Trump’s autograph, but that he then tried to take the weapon.”

Observations:

1. Wow. Talk about being incompetent at your chosen avocation! This guy has been “planning an assassination for about a year” and the big plan was “try to get a police officer’s gun”?

Assassins, like everything else, just aren’t what they used to be.

2. Remember, however, that the only difference between a failed assassination attempt and a successful one is moral luck.

3. The Washington Post asks why the incident didn’t provoke more news coverage. Isn’t that a strange question to come from one of the news organizations responsible for the lack of coverage? Why doesn’t Callum Borchers just ask his own editors at the Post?

The answer seems clear to me: the news media doesn’t want any public sympathy going Trump’s way, or to give him what would amount to positive publicity. This is the double standard we are being told that we need to get used to. Does anyone want to make the case that an assassination attempt on Hillary’s life would be a multi-day story, with a repeat of the U.S. Representative Rep. Gabrielle Giffords shooting mass accusation, now holding  that Republican “hate speech” and anti-Hillary rhetoric nearly resulted in a tragedy?  Rush Limbaugh and Sarah Palin were being fingered as the reason why a deranged man went on a killing spree in Tucson. Why not blame a Trump assassination attempt on Paul Krugman or Elizabeth Warren? Or me? Continue reading →

Unethical Headline Of A Week Of Unethical Headlines: Mother Jones

/ Jack Marshall / 73 Comments

Senate vote

Almost Every GOP Senator Just Voted to Keep Letting Terror Suspects Buy Guns

You know, I just had an astounding and depressing exchange with a knee-jerk Democrat friend, who reacted to my Facebook post pointing out that CNN’s fake legal expert Ashleigh Banfield—who hosts a show called “Legal Views” and not only isn’t a lawyer, but can barely spell “Constitution”—displayed her rank ignorance once again by expressing amazement that anyone could possibly object to a law banning those placed without due process on a secret list, based on mere suspicion, from buying a gun. It’s called the Fifth Amendment, Ashleigh, you smug incompetent fool–read it. My friend’s response to this utterly factual post was the non sequitur that SCOTUS refused to review a lower court decision upholding a Connecticut law banning semi-automatic rifles. “The Supreme Court disagrees with you,” he wrote.

Huh?

You see, the left is deranged and incoherent on this issue. Totally bats, with principles draining out their ears. Because I object to breaching the core Constitutional principle of due process for any purpose–like every American should; it’s not a partisan issue—he “reasoned” that I must therefore believe that there is a right to own semi-automatic weapons. In fact, I have no position on that and didn’t mention it anywhere in the post. But, you see, good little gun-hating zealots like him believe that if you understand that Guns BAD, you must naturally approve of gutting the rule of law and the Constitution to restrict the sale of guns.  If you won’t happily gut the Fifth Amendment, you must be a gun nut.

The ends justify the means for these people. Constitutional principles only apply to good progressives and their favorite rights. Continue reading →