The Ted Cruz Eligibility Controversy

Cruz birthSenator Ted Cruz was born to an American citizen mother in Canada. The Constitution says that to be eligible to be President, a citizen must be “natural born.” Donald Trump, who also challenged the birth place and eligibility of President Obama, has raised the possibility that the circumstances of Cruz’s birth might be a “problem.” Cruz laughed the issue off saying that it is “settled law” that a citizen born of an American citizen abroad qualifies as “natural born” under the Constitution, following the definition in the British Common Law.

What’s going on here?

Weeeelll…

1. Trump is being a jerk, but as has been the case before, somebody needs to be one, because it is not—exactly—“settled law.” It is way past time that this controversy was settled once and for all. Continue reading →

Most Encouraging Statement Suggesting That There May Be Justice After All: Former U.S. Attorney General Joe DiGenova

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Former U.S. Attorney Joe DiGenova had this to say on Laura Ingraham’s radio show, speaking  about the FBI’s investigation into Hillary’s intentional mishandling of confidential State Department e-mails—you know, those “stupid e-mails” that nobody cares about:

“They have reached a critical mass in their investigation of the Secretary and all of her senior staff. And, it’s going to come to a head, I would suggest, in the next 60 days…It’s going to be a very complex matter for the Department of Justice, but they’re not going to be able to walk away from it. They are now at over 1,200 classified emails. And, that’s just for the ones we know about from the State Department. That does not include the ones that the FBI is, in fact, recovering from her hard drives. …I believe that the evidence that the FBI is compiling will be so compelling that, unless [Attorney General Loretta Lynch] agrees to the charges, there will be a massive revolt inside the FBI, which she will not be able to survive as an Attorney General.  It will be like Watergate. It will be unbelievable.”

Sounds almost too good to be true, doesn’t it?  Yet DiGenova is far from a being a loon, a partisan hitman, or one to spin wild theories. He also should know a bit about how the internal workings of the various competing agencies under Justice work. [Full disclosure: I’ve met Joe, and chatted with him a bit, though this was quite a while back. Did you know he is a trained singer? A good one, too.]

I cannot begin to describe how marvelous it will be for the integrity of our government and justice system if Joe’s analysis is proven correct. I don’t even have to consider how much I would enjoy the screams of indignation of the Clinton Corrupted. This scenario is what the Clintons, the Democrats, the DNC, Clintons’ disgraceful mews media defenders and Hillary’s see-no-evil supporters sooooo richly deserve that if it ever comes to pass, Handel’s Hallelujah Chorus might just spontaneously echo from the cosmos, or at least John Kiley’s organ version that he played that immortal night, the best of my life, when Carlton Fisk hit that Game #6 winning home run off the Fenway foulpole, so many years ago.

Let us hope.

__________________

Pointer and Source: Don Surber

 

Comment of the Day: “The Washington Post Drops Its Resident Op-Ed Socialist. Good.”

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The honor of the first Comment of the Day in 2016 goes to pennagain, previously penn, who assesses the forces turning our journalistic establishment to ethics mush. It is not a pretty scenario, but well worth thinking about. He was inspired by my article about the Washington Post dropping socialist pundit Harold Meyerson in part because he wasn’t getting enough clicks. Where it stops, nobody knows.

Here’s pennagain:

Twelve [delivered Washington Post daily print editions in another commenter’s apartment building] down to two is about what the trend is for paper subscriptions running out, and free internet use taking over. In the short run, probably, the metro papers will all go behind the paywall while smaller ones hold out for local advertisers, but for now there is a steady drop in print and a rise in online subscriptions, with a (temporary) small increase in access to both. All news media — newspapers, television and radio — are losing ground to the fragmentation of the internet universe as it “narrowcasts” to further and further special interests. The long run is not a pleasant prospect.

In the meantime, the born-to-the-web generation has been raised on free news, as have a majority of the current readers who lost their home-delivered (now less than 400) newspapers.

My concern is that perception of news is probably down about the same (12:2) — the smaller the screen, the poorer the perception. Internet pages are awash with advertisements up and down the sides and through the middles, flashing and flickering, sounding out automatically (this is fairly recent distraction and, I think, a true impingement on privacy), not to mention the seductive invitations between paragraphs to links that frequently cut into the text itself.

In a medium where the whole story could be presented as such on one “page,” it is cut into pieces and continued-on other screens, each of which takes more and more time to load its own load of ads. More incentive for those not desperately hooked to the story to check out one of the links or the next site down the line instead of getting all the information saved for more advertising. Click.

Continue reading →

The Facile Fad Rationalization “We Are Better Than This,” The Democratic Candidates, And The DHS Deportations

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I am trying to decide whether “We are better than this,” the suddenly resurgent short-cut around actual reason and analysis, deserves to be added to the Ethics Alarms Rationalizations List.  What do you think?

All of the other sixty have broad, everyday applications, while this one is usually restricted to matters of public policy, which is why I hesitate to include it. On the other hand, it is a particularly insidious rationalization, and cynical too. It attempts to win policy debates by implicitly accusing any opposition of being beneath the advocate on the moral and ethical scales, while never actually offering a reason why the advocate’s position is superior and wiser.

The statement is also especially objectionable when it issues from partisans who normally deny the fact of American exceptionalism. They can’t have it both ways: either the United States is unique in its values, aspirations and accomplishments, and thus is “too good” to engage in certain policies that others nations don’t shrink from at all, or it isn’t. Choose your construct, hypocrites! When the acolytes of Howard Zinn, Noam Chomsky and other habitual villifiers of our history, motives and culture—such acolytes encompassing a large chuck of the progressive community—say “We are better than this,” they should be laughed at, in the face, hard. Better than the genocide-mongering, racist, sexist, greedy, exploitative, arrogant colonial power that has impoverished the world? HA! Cannibalism isn’t better than the country you think we are. According to you, we’re not better than anyone or any thing.

There are policies that there is every reason to say the United States is better than. Prime among them is engaging in torture, which not only violates international treaties that we led the way to establishing, but also because it violates our founding principles. There are, in short, tangible and substantive reasons why the United States is “better” than the nations who torture our soldiers, and they can be articulated without resorting to bumper stickers.

When “We are better than this” is followed by “because..’ and more substantive points, I have no objection to it, although “we should be better than this” is fairer. It can begin an analysis, but is not an analysis itself. However, when it is used as a substitute for analysis, it is pure rationalization.

Hillary Clinton, Bernie Sanders and Martin O’Malley started spouting versions of the Facile Fad Rationalization upon the release of  new report that the US Department of Homeland Security plans to raid and deport hundreds of families who illegally entered the U.S. through the southern border.  Note, please, that what is being proposed is called “enforcing the law.” Democrats and progressives have somehow managed to get away with arguing that while the United States “of course” should control its own borders, it is somehow inhuman, cruel and wrong to take action against foreign citizens who intentionally violate those laws that are intended to exact such control.

This is irresponsible, I dare say insane, but with the assistance of the news media and the collusion of business interests that love having fearful, low-wage workers they can exploit to keep costs down, the insanity is routinely extolled as compassion.  Adults who continued their illegal status in the U.S. long after discovering it and having ample opportunity to abide by the law (and leave) have been anointed with the lovely euphemism, “Dreamers.” (The definition of “Dreamers” is “illegal immigrants from childhood who have continued to defy the law, lie and pose as citizens due to a self-serving belief that they have a right to be here, when they don’t.”) Beautiful Dreamers! Continue reading →

Vote For Popehat’s Censorious Asshat Of The Year!

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One of the best and most provocative blogs is Popehat, which has had a momentous year. Besides being its usual passionate and quirky self, the libertarian/free speech/legal/nerd website has also added Marc Randazza to its ranks. Marc (Full disclosure: he is a law school classmate, though if I ever met him face to face, I don’t remember) who shares Popehat Master of the House Ken White’s love of justice and creative invective and is also a superb lawyer, will alter the tone there a bit as well as be his opinionated,thoughtful, often hilarious self.

Popehat is offering a reader poll to determine the Censorious Asshat of the Year. I know that an ethics blog with the proclivities of Ethics Alarms is a little like a Macy’s Santa sending shoppers to Gimbels, but it’s Christmastime, and besides, there’s no competition in ethics, just futility. As it happens, only three of the 12 nominees made it into Ethics Alarms last year. I was aware of all of them, but my purview is a bit broader than Popehat’s; for whatever reason, they were in my range  but I decided to use my bullets elsewhere.

Go here, and help a worthy blog crown a worthy free speech-hating jerk and or jerks.

I bet you’ll be able to guess my vote.

An “Awww!” Ethics Dunce: Vidal Valladares

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People who stage elaborate public ambush proposals of marriage in sports stadiums, using airplanes and other instrumentalities are inherently unethical, as well as narcissistic  jerks who warrant embarrassing rejections but never get them. This figures, since the women have been dating these tools and are usually jerks themselves. Few such stunts are quite as audacious in their jerkishness as that planned and executed by Vidal Valladares, 24, who shut down the Gulf Freeway, one of the busiest thoroughfares in Houston, to propose to Michelle Wycoff, 23, in the middle of the highway.  The Houston Chronicle, local TV station KTRK and other media outlets treated the stunt with a sympathetic “Awww!”—Ain’t love grand? Who could criticize these love birds, who, but for the vagueries of moral luck, could have caused one or more accidents and  death and destruction, hopefully just to them and not innocent commuters, but you never know.

Reportedly traffic was stopped for less than a minute as Valladares  got down on bended knee to propose (to his ex-wife whom he divorced in June) while the automobiles waited. “I never really thought about causing an accident,” Valladares told a local  paper. “I thought about my girlfriend.”

Awww!

How romantic!

You’re an idiot.

The Harris County District Attorney’s Office is charging the couple with “obstruction of highway, a Class B misdemeanor.

Good.

_______________________

Pointer, Source, and Graphic: Houston Press

Ethics Heroes: The Community of Middlesborough, England.

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Thomas Cox, a British World War Two vet who served in the Royal Pioneer Corps, died at the age of 90 with no known surviving relatives.

Hoping to give Cox the final salute he deserved, the Royal Pioneer Corps Association  posted an appeal on its Facebook page asking for people to attend his funeral. The plea was shared among veteran groups, military groups and others, and when the day came, hundreds of strangers to Cox were on hand to say farewell and thanks to the old soldier. Many of the mourners at the service in Middelborough, Teaside sent flowers and wreaths as well.

They didn’t do this for the family, for there was none, and Cox was beyond caring. They came out of respect for a generation, a pivotal moment in human history, and to assert that we are all part of a larger family, though we usually don’t behave that way.

There’s not a lot more to say, is there?

Mission accomplished.

The US’s Existential Ethics Dilemma

take-it-or-leave-it1No, I don’t mean how to hold on to our core values while taking responsible measures to prevent a fatal cultural infestation by radical Islam, though that’s a tough one too.

The U’S.’s existential dilemma is how to prevent a 2016 Presidential election between Hillary Clinton and Donald Trump. Such a race would represent a holistic failure of the assumptions of American democracy, including the belief that ordinary Americans can be trusted with responsible self-governance.

I just forced myself to watch an entire Donald Trump campaign appearance in Iowa. Unbelievable. Just unbelievable.

He is a pathological narcissism case study. He’s having a ball, just being in front of a beaming crowd. Not a word of genuine substance came out of his mouth. Mostly, he talked about himself—how popular he is (He’s ahead in the polls! He’s ahead in the polls!), how nice he is, how he gets along with everybody, how he’s always right. Good God. Get the hook. If a high school candidate gave that kind of preening, hubris-gagging, “I’m the greatest thing since string cheese” speech running for student body president, he’d be jumped by the football team after the assembly. People who act like Trump are not well: this is about him being desperate for affection, not leading the country. Why do so many people fail to see that?

Well… Continue reading →

Ethics Quiz: The Fick Calls Loretta Lynch’s Bluff

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When I read that our Attorney General, Loretta Lynch, made this provocative statement—

“The fear that you have just mentioned is in fact my greatest fear as a prosecutor, as someone who is sworn to the protection of all of the American people, which is that the rhetoric will be accompanied by acts of violence. Now obviously this is a country that is based on free speech, but when it edges towards violence, when we see the potential for someone lifting that mantle of anti-Muslim rhetoric—or, as we saw after 9/11, violence directed at individuals who may not even be Muslims but perceived to be Muslims, and they will suffer just as much—when we see that we will take action…I think it’s important that as we again talk about the importance of free speech we make it clear that actions predicated on violent talk are not America. They are not who we are, they are not what we do, and they will be prosecuted.”

…my first thought was “oh-oh” and my second thought was, “Boy, Obama’s appointees are as careless with their rhetoric as he is, or Hillary.”

For what really was she saying? It sounds like a threat, but is it?  What does “edges towards violence” mean? Violence? Calling for violence? Or rhetoric anti-gun progressives will blame if there is violence? What does…let me rephrase that…What the HELL does “the potential for someone lifting that mantle of anti-Muslim rhetoric” mean? For that matter, what are “actions predicated on violent talk”? Does an action that would not be a crime without violent talk become one based on the rhetoric that inspired it? You’re a lawyer, Ms Lynch, how about speaking precise English? What exactly are you trying to say?

So my third thought was, “Well, we better find out, since is this our top law enforcement official talking and if she is really saying, as one might reasonably interpret her vague and convoluted statement to mean, that she’ll be arresting anyone who dares to venture a harsh judgment of Muslims, it would be good to know.

Donald Trump, I’m sure, would like to know.

And  lo and behold, here comes former GOP tea party congressman turned radio talk show host Joe Walsh to settle the issue! He provides a rant on his Facebook page: Continue reading →

Observations on the New York Times Front Page Editorial Advocating Gun Confiscation

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The New York Times, in a dramatic action that it has not engaged in since the 1920s, has published an editorial on page one. At such a moment, a newspaper subjects itself to a very high standard, since it is temporarily turning a news source into an organ of advocacy.  Though the Times’ editorial is motivated by good intentions, passion and (I hope) serious and careful thought, it fails that high standard.

Observations:

1. Early on, the Times says, “It is a moral outrage and a national disgrace that civilians can legally purchase weapons designed specifically to kill people with brutal speed and efficiency.”

Well, from that position, the Times cannot be doubted or criticized. It believes that citizens (the casual switch to civilians assumes that only police and military have a right to deadly force. The Constitution, thankfully, disagrees), apparently, should only be able to avail themselves of weapons that kill slowly and undependably. I don’t agree with that, and I think to agree with that premise undercuts the entire theory of constitutionally guaranteed individual rights.

2. Using the San Bernardino shooting as the launching point for such as editorial is emotional manipulation and unethical. This was almost certainly a terrorist killing. It is doubtful that any legal measures short of confiscating and banning all firearms would have prevented it. As has been the case with other shootings, why is this incident used to justify advocating laws and regulations that couldn’t stop a similar shooting? It’s simple: because people are upset, fearful, and not thinking straight; all the better to mislead them. By the very act of publishing its editorial now, the Times is making the implicit statement that its policy recommendations are germane to this episode. They are not, however. That’s unethical.

3. Reason has headlined its story about the editorial, “New York Times Calls for Immense Expense and Political Civil War To Maybe Possibly Hopefully Reduce Gun Violence by a Tiny Amount.” That is absolutely fair and accurate, and the Times had an obligation, even in an editorial, to reveal what it is really asking for. I know this was ideological advocacy, but even while acting as activists, the Times still has a duty to inform and be transparent.

4. The Times advocates banning and the confiscation of the weapons used in San Bernardino, even though doing this would not have prevented that massacre. Moreover, Slate estimated in 2013 that about 3.5 million such rifles or substantially similar ones are in in the U.S., so what the Times is demanding would require the government buying, confiscating, and searching residences to find all of those.  Notes Reason, with complete accuracy,

What the Times is calling for is, beyond its countable costs in money and effort and the likely further erosion of civil liberties, also (as they surely know) calling for a massive political civil war the likes of which we haven’t seen in a long time. The “assault weapon” ban of 1994-2004, though pointless, just barred the future making and selling of such weapons, and didn’t try to confiscate existing ones.

Is this really a responsible policy recommendation, or just an emotional one? The latter, certainly. As such, it takes the editorial out of the category of public service and places it in the range of partisan warfare. Continue reading →