Morning Ethics Warm-Up, 11/4/17: The New Truthers

I have an early morning D.C. Bar program to do, and my goal of getting up at six after watching the second season of “Stranger Things” on Netflix (and waiting for someone to accuse Eleven  of sexual assault …this is how Netflix’s luck is running these days) until 1:30 am was missed spectacularly, to this is a quick ethics thought rather than a true warm-up.

The thought?

The “Russiagate” is this President’s “Birther” conspiracy, his “Truther” smear, and the 2016-17 model of “Bush stole the election.”

I realized this while reading one of our esteemed commenters who obviously believes Donald Trump made some nefarious deal with the Russians to sabotage Hillary. He really believes this. So does my sister, who I know a lot better, and has never before been prone to seeing Bigfoot under her bed or Nessie in her toilet.

This idiot also believes:

“We just have to, like the slogan says, stay woke; just stay woke, be careful, because I can see the wheels turning now…we’re marching toward impeachment, there’s no question about it. If that happens, are we prepared? Because it’s going to happen, So we have to make sure, Rev. Sharpton, that we are prepared when this happens so we don’t just wake up one day blindsided. I think it’s just going to get so tight and it’s going to close in and then everybody is going to be indicted around this president, and then he is going to realize he is probably next on the list. And I think he is going to come up with an excuse like ‘somebody is trying to kill Barron, and so I’m going to resign.’”

Who actually said this in public, so it could be recorded fr posterity? Why, Rep. Frederica Wilson (D-Fla.), that’s who, the objective member of the Congressional Black Caucus who the news media relied on to give an objective assessment of the tone of President Trump’s bereavement call to the widow of a serviceman killed by ISIS in Niger. Her characterization of Trump’s remarks as “insulting” and, by extension, racist, were sufficient to launch more than a week of attacks on the President’s competence and compassion.

I don’t doubt the good Congresswoman’s sincerity; I’m sure she believes this fantasy. I’m sure she believes those hats she wears aren’t ridiculous too. Nonetheless, there is no justification for her certitude, and only hate, confirmation bias and a refusal to abide by basic rules of logic cause her to believe what is now the fourth in a 17 year line of unethical partisans manufacturing a narrative to delegitimize an elected President.

Once again I am sorry that the Ethics Scoreboard is offline (I have to get around to fixing that), because in several posts there during the Bush administration I predicted where the Democratic strategy of claiming that Gore actually won Florida would lead: massive distrust, polarization, and a tit-for-tat payback cycle that would do massive harm to U.S. society. Many Democrats still claim that the 2000 election was stolen. Then the more hyper-partisan and conspiracy theory-prone of them moved on to Truther theories that Bush and Cheney somehow and for some reason engineered the 9-11 attacks.

I’ve talked to these people. I’ve read their websites. They are mad as hatters, but it all begins with the fact that they don’t trust Bush, Cheney and the Republicans because they stole the election. Actually, these crackpots have more substance to base their conviction on than the “Russiagate” theory contains. When Obama was elected, the same thing occurred: conservatives (and racists) could not accept that an inexperienced, far left ideologue like Barack Obama, with ties to America-haters like Bill Ayers and Reverent Wright, could be President. So they came up with, and many somehow believed— the Birther foolishness, easily the most absurd of the anti-President disinformation slanders yet. Continue reading

John Kelly’s Statement About General Lee And The Civil War Was Fair, Benign And Accurate, And The Historians And Journalists Claiming Otherwise Have Exposed Themselves And Their Professions, Not Kelly, And Not The President

[I’m sorry: this post is long. The provocation for it is serious, however, and I couldn’t thoroughly shred this despicable media effort to make what John Kelly said yesterday something it was not and not even close to being without going over my word limit. I hope you read it. It’s hard to try to counter a concerted effort to mislead and lie to the public from this tiny outpost.]

This development yesterday really depressed me. Either the leftward professions are losing their collective minds, or they are so dedicated to turning the public against the president that they will engage in complete fabrication. Both conclusions are frightening.

Yesterday, CNN reporter April Ryan thought it was appropriate to end a White House press briefing by shouting, “Sarah, is slavery wrong? Sarah, is slavery wrong? Does this administration think that slavery was wrong? Sarah, does this administration believe slavery was wrong?” What, other than a complete absence of fairness and professionalism, provoked this unethical outburst? It was this statement by Trump Chief of Staff John Kelly, as he was interviewed by Fox News’ latest star, Laura Ingraham, regarding the The Confederate Statuary Ethics Train Wreck, specifically the Charlottesville controversy over the removal of a statue of Robert E. Lee. Here is Kelly’s entire statement:

“I would tell you that Robert E. Lee was an honorable man.He was a man that gave up his country to fight for his state, which 150 years ago was more important than country. It was always loyalty to state first back in those days. Now it’s different today. But the lack of an ability to compromise led to the Civil War, and men and women of good faith on both sides made their stand where their conscience had them make their stand.”

Based on that statement, April Ryan, and other hair-trigger “resistance” zealots, concluded that there was now a question whether the Trump administration “thinks slavery is wrong.”

Astounding.

But such is the dishonest and biased state of the news media today.

Let’s begin by examining the components of Kelly’s statement.

A. “I would tell you that Robert E. Lee was an honorable man.”

There are no contemporary  accounts from anyone who knew Lee that he was not honorable, meaning honest, moral, ethical, and principled, the usual synonyms for honorable. I doubt Kelly was using the word in its most literal sense, “worthy of honor,” but he might have been, The argument is, and I would make it, that such traits a honesty, integrity, courage and other ethical values make any individual, famous or not, worthy of honor.

Lee was terribly, tragically wrong in his choice regarding which side to fight for during the Civil War. I am not an admirer of Lee for this reason. However, during his life there were many episodes where he exhibited exemplary character.  His immediate acceptance of responsibility for the failure of Pickett’s Charge was one, meeting his returning soldiers personally and exclaiming, “It was all my fault.” Another was his insistence that the Confederate army surrender rather than take to the hills in guerrilla resistance that might have extended the Civil War indefinitely.  Lee was flawed, and few men in history who were so admired by their contemporaries have made such a tragic mistake. That does not alter the fact that he was an honorable man.

The problem is that the modern Left does not believe that it is possible to be honorable and to not embrace the Left’s most fervently held principles, even if you lived centuries ago. This is, in part, why  our politics are so uncivil, and why partisans today show less respect to those with differing opinions on public policy than Lee and many of his generation showed to members of the enemy army who were trying to kill them.

B. “He was a man that gave up his country to fight for his state, which 150 years ago was more important than country. It was always loyalty to state first back in those days. Now it’s different today.”

This is a statement of fact. Lee’s position was certainly consistent with Kelly’s statement. In some kind of magic, un-negotiated  conspiracy to take what Kelly said to mean something he emphatically did not say, one writer after another has claimed that Kelly was arguing that the Civil War wasn’t about slavery. Here, for example, is Vox:

“Though this view has long been promoted and even taught in schools around the country, there has been a new push to recognize the cause of the Civil War as rooted in a disagreement about slavery and the refusal of Southern states to give it up…”

Though what view?  Kelly wasn’t opining on the reason for the Civil War, or what was the root cause. He was talking about Robert E. Lee. Is there any question that if Virginia had decided not to secede—as of course it seceded over slavery—Lee would have fought with the Union? I have never read any historian or biographer who said otherwise. Here’s Biography.com, usually an uncontroversial distiller of historical consensus in its Lee biography:

“But Lee’s commitment to the Army was superseded by his commitment to Virginia. After turning down an offer from President Abraham Lincoln to command the Union forces, Lee resigned from the military and returned home. While Lee had misgivings about centering a war on the slavery issue, after Virginia voted to secede from the nation on April 17, 1861, Lee agreed to help lead the Confederate forces.”

That’s what Kelly said. Not every soldier thought that loyalty to state over country was the correct priority, and Kelly wasn’t saying that Lee’s position was the dominant one. It was a common one, however. 1861 was less than a hundred years after the culturally diverse Colonies came together to fight the American Revolution, and the states had been fighting over the balance of power between the federal and state governments almost non-stop ever since. Kelly was acknowledging the fact that Lee’s extreme state loyalty seems odd today, when so many citizens live in several states during their lives, and move from one to another without giving it a second thought. 150 years ago, citizen bonds to the state of their birth was a far, far greater issue, and being asked to take up arms to fight against that state would have posed a wrenching dilemma for most Americans.

That is all Kelly said. If one doesn’t understand the context of Lee’s decision to fight on the same side as the defenders of slavery, then one cannot begin to assess Lee’s status as an American figure. Anyone leaping from that statement to “the Civil War wasn’t fought over slavery” is engaging in a clinical level of confirmation bias, and that’s exactly where the attacks on Kelly are coming from. This statement, that doesn’t mention slavery, isn’t about the root cases of the Civil War, and that only explicates Robert E. Lee’s  overwhelming reason for fighting for the Confederacy, is being deliberately distorted to show that President Trump and others in his administration are apologists for racism. The fact that nothing in Kelly’s words even hint at that didn’t stop this example of mass race-baiting, based on air. Continue reading

Unethical Quote Of The Month: CNN Reporter April Ryan

“Sarah, is slavery wrong? Sarah, is slavery wrong? Does this administration think that slavery was wrong? Sarah, does this administration believe slavery was wrong?”

CNN’s April Ryan, yelling to White House spokesperson Sarah Huckabee Sanders as today’s press briefing ended. She really did.

President Andrew Jack…no, that’s wrong. It’s President …Johnson, right? Lyndon Johnson? No, no..Barry Lyndon? No…Barry Goldwater? Barry Bonds? U.S. Bonds? U.S. Grant? Boy, history is hard

I assume that this was intended as a rhetorical rebuttal to the position of President Trump and those non-totalitarian-minded citizens—I hope not just conservatives and Republicans— who regard toppling statues and memorials of important figures in America’s past as a form of Orwellian thought control and manipulation of the historical record. Maybe she attends Christ Church in Alexandria, Virginia.

Whatever it was, it wasn’t journalism, fair, or professional. Since Ryan knew the only answer that could or would be given, if Sander had been foolish enough to dignify the insult with a reply, it was really just partisan harassment and race-baiting, the equivalent of  a reporter shouting out at a Johnson era press conference, “How many did LBJ kill today?,” calling out after a Bush briefing, “Hey, any signs of those weapons of mass destruction?,” or calling out after an Obama White House briefing, “Does the President still promise that if we like our health plan, we can keep it?”

A news organization that doesn’t immediately discipline a reporter behaves like this at a White House press briefing—and Ryan should have been suspended, removed from the White House beat, or exiled to cute kitten stories on Headline News—it is announcing one of the following:

a) This new organization will  no longer apply minimal standards of respect, fairness and professionalism to coverage of this President.

b) This network no longer has any standards.

c) This network will allow gross demonstrations of bias and partisan animus by its reporters.

Under these conditions, the White House has no obligation to permit such an organization to attend press briefings, any more than it has an obligation to permit anti-Trump demonstrators to attend, or to tolerate reporters chanting slogans and carrying placards. And it should not. If CNN won’t uphold minimal standards of professional journalism, then the White House must. CNN should be told that until it receives a public apology for Ryan’s outburst, she is replaced by a trustworthy reporter, and the network pledges that it will not permit such conduct by its employees to occur again, CNN will no longer be invited to briefings. Its place will then be taken by Ethics Alarms, or Weekly Reader, or any entity with a concept of journalism ethics superior to CNN’s.

Meanwhile, while we are on the topic of professionalism, I have this to report: Continue reading

Ethics Quote Of The Week, And A Few Related Diversions

My son is named after this President, incidentally.

The quote itself is by Ron Chernow, the historian who authored the recent well-reviewed biography of out 18th President, “Grant,”  “Hamilton,” the biography that inspired, we are told, the mega-hit musical. and “Washington” (won’t somebody send a copy to the fools at Christ Church?) was given to an interviewer as his description of another book, the Philip Roth’s historical novel  “The Plot Against America”:

[A] democracy can be corrupted, not by big, blaring events, but by a slow, insidious, almost imperceptible process, like carbon monoxide seeping in under the door.

Some random thoughts on this statement, which I believe is exactly right, and a lot more interesting than the more frequently used analogy about boiling a frog slowly:

  • Grant, as Chernow’s book (among others of recent vintage) documents, was present at one of those points when democracy seemed to be in the process of being poisoned, and acted forcefully.

By 1868, when Grant was elected to succeed Andrew Johnson, who had done everything he could to allow the South to resist extending civil rights to the newly freed slaves, the KKK had evolved into a powerful terrorist organization that referred to itself as  “The Invisible Empire of the South.” Under the  Klan’s first  “Grand Wizard,” the brilliant former Confederate cavalry general  Nathan Bedford Forrest, whites from all classes of Southern society joined the Klan’s ranks. They attacked and punished newly freed blacks for crimes like  behaving in an “impudent manner” toward whites, brutalized the teachers of  schools for black children, and burned schoolhouses. It also terrorized and often murdered Republican party leaders those who voted for Reconstruction policies.  In Kansas over 2,000 murders were committed as the 1868 election approached; in Louisiana, a thousand blacks were killed in the same period.

Grant entered office knowing that the Civil War victory could come apart. He made some bad appointments–Grant was naive about politics and trusted too easily—but his choice as Attorney General, Amos T. Akerman, was masterful. With Grant’s support, and the with the help of the newly created Justice Department under Grant, he vigorously worked to enforce the Fifteenth Amendment, which gave the vote to black men in every state, and the First Reconstruction Act of 1867, which placed tough restrictions on the South and closely regulated the formation of their new state governments. Between 1870 and 1871, the Republican Congress passed and Grant signed into law the Enforcement Acts, which made it a crime to interfere with registration, voting, officeholding, or jury service by blacks. Congress also passed the Ku Klux Klan Act, which allowed the government to act against terrorist organizations.

  • When I was growing up and becoming interested in the Presidents, a life-long passion that led me to both law and ethics, Grant was routinely listed as one of the worst in the line. All one heard from historians was about the financial scandals that rocked his administration. Grant’s great success in subduing the Klan was literally never mentioned. The main Presidential historian then was Arthur Schlesinger Jr., a member of Jack Kennedy’s inner circle. His job as he saw it was to minimize the contributions of any Republican President, like Teddy Roosevelt (“near great” in his rankings), Eisenhower (“below average”) and Grant (“failure’). Meanwhile, Woodrow Wilson, who dragged the U.S, into the first World War, botched the Versailles Treaty and who actively revived the Klan, being a stone-cold racist, was “great.” Naturally, I believed all of his distortions, which were largely those of the historians at the time, then, as now, often partisans and propagandists. It took me a while to realize that this had been my first encounter with the Left attempting to alter present perception by controlling the past.

That is one of the major sources of Chernow’s carbon monoxide today, except that the disinformation now emanates from the schools, colleges, and the news media. Continue reading

Ethics Dunce: Christ Church In Alexandria, Virginia

I’m sorry, George. You know. Morons.

Christ Church in Alexandria, Virginia—the city where I and my family live— announced that it will take take down a memorial plaque  marking the pew where Washington sat with his family.

“The plaques in our sanctuary make some in our presence feel unsafe or unwelcome,” church leaders said. “Some visitors and guests who worship with us choose not to return because they receive an unintended message from the prominent presence of the plaques. Many in our congregation feel a strong need for the church to stand clearly on the side of ‘all are welcome- no exceptions.”

The unspoken but implied rationale is that George Washington was a slave-holder, and that this outweighs everything else. Never mind that the entire white population when he was alive believed that blacks were a lower breed of human. Never mind that it would have been literally impossible to grow up in agrarian, slavery dominated Virginia as a member of the plantation class without embracing slavery. Never mind that Washington continued to ponder the injustice of the practice, and eventually decided never again to buy or sell another slave while advocating slavery’s eventual abolition.  In his will, Washington left directions for the emancipation after Martha Washington’s death, of all the slaves who belonged to him.  Never mind that.

Never mind that without George Washington’s courage, leadership, aversion to excessive power and astonishing charisma and trustworthiness, there would be no United States of America. Continue reading

Comment Of The Day: The 87th And 88th Rationalizations: The Reverse 15 And The Psychic Historian

Jeff H. (aka King Kool), Glenn Logan and Tim Levier are, I believe, the longest-serving contributors here, all of them getting extra credit for following me from the days of the Ethics Scoreboard (still dead in cyberspace, but it will rise again!). Jeff has the extra distinction of being the blog’s resident cartoonist, and his contribution to “Everybody Draw Muhammad Day,” a teddy bear, can occasionally be glimpsed in the Ethics Alarms header.

This is not his first Comment of the Day. This time, he reflects on the folly of ever trying to guess where history is going, not to mention assuming that it will validate contemporary conduct.

Here is Jeff H’s Comment of the Day on the post, The 87th And 88th Rationalizations: The Reverse 15 And The Psychic Historian.

Is there anyone so young or devoid of baseball lore that they don’t get the Ted Williams reference? Jeff probably should have given a heads up…

I’ve had a complicated history of feelings about the anthem protests. I start from a place where I dislike most celebrity protests. But when Trump shot his mouth off about it, whether he was factually right about that they could lose their jobs over it… I suddenly became a lot less comfortable with my opposition. I probably would’ve done it myself just to say, “hey, I have this right to toss my job away for something stupid and inane, but I’m not going to have anyone say that I didn’t do it because YOU said not to.” Just like Obama talking about the Zimmerman-Martin incident, right or wrong, the President talking about something like this never seems to make it better. This is adding to the knot, not cutting it.

I’ve got more to say about this, but I really only bring this up to give this statement context: I’ve seen people say that Kaepernick’s contributions will be seen as a landmark in civil rights. And I think they are absolute loony fortune tellers. I’m not saying their prediction is right or wrong. I just think they’re fools for trying to make it. Continue reading

The 87th And 88th Rationalizations: The Reverse 15 And The Psychic Historian

Translation: “I got nuthin’!'”

I haven’t been in tip-top shape the last several days, making new posts more of an ordeal than they should be. Luckily this motivates me to catch up on updating the Rationalizations List, which has several waiting additions, including these:

Rationalization #15 A. The Reverse 15, or “If I don’t do it ( and I don’t want to) somebody else will.”

The Reverse 15 uses exactly the same excuse as #15. The Futility Illusion:  “If I don’t do it, somebody else will,” but for the opposite purpose. In #15, the rationalizer wants to avoid the consequences of doing something unethical by arguing that his or her refusal to follow orders would have no practical effect: someone else would just step in and do what was demanded anyway. How, asks the fictionalized version of Confederate Captain Henry Wirz in “The Andersonville Trial,” can a post-Civil War military tribunal fairly hold him responsible for cruelly mistreating the Union prisoners in the Georgia prison camp as he was ordered to, when if he refused he would have been shot, and his successor would have abused them anyway?

In 15A, the argument is the opposite. The rationalizer refuses to perform a necessary ethical act out of apathy, callousness or fear, but this was reasonable because he or she was certain that someone else would do the right thing instead. The Reverse 15 could also be called “The Kitty Genovese Rationalization,” recalling that the many people who heard the murdered woman’s screams chose not to “get involves” while convincing themselves that someone would come to her aid. All of the Mount Everest climbers who left a stricken colleague behind to die protested later that they were certain the next climber behind them (or the next, perhaps) would stop to help the man. We pass a stopped car in distress on the highway at night, reasoning that someone else will stop to help, sparing us the trouble.

Sometimes someone does. Sometimes not. This abdication of an ethical duty is accomplished by casting one’s lot, and gambling with the fate of another, while relying on the unpredictable quirks of moral luck. The only ethical decision is to take action. You must do what you know is the ethical act yourself, and not ignore your obligation because you can pass the buck and then argue, disingenuously, “How could I know that everyone else would be as unethical as I am?”

Rationalization #1B. The Psychic Historian, or “I’m On The Right Side Of History”

Continue reading

Morning Ethics Warm-Up, October 10, 2017: Post-Columbus Day Edition

Good Morning.

1 The rhetoric against celebrating Columbus Day is at bottom an attack on American values and the nation itself,  making the case that the culture should bask in eternal guilt and shame for the crime of existing. It has always been thus: I heard the counter-Columbus claims when I was a kid and living in Boston, where you can’t throw a spitball without hitting an Italian or a Catholic. Then, however, there were sufficient numbers of responsible elected officials who put those ignorant and warped arguments in their place—the trash. Now, the path of least resistance reigns.

We celebrate Columbus because he brought European culture and civilization to the New World, making our nation possible. He was the butterfly flapping his wings in the Amazon, in Chaos terms: without Columbus, everything might be different. One thing that would not be different, however, is that the stone age cultures that lived in the Americas would not have prevailed, thrived and survived. Blaming Chis for the inevitable destruction of primitive cultures when more advanced and ambitious ones arrived, as they were going to with or without Columbus, is scapegoating of the worst kind.

We also celebrate Columbus because of the good and important things his first voyage symbolizes: mankind’s constant search for knowledge; the bravery of explorers; the visionary who dares to challenge conventional wisdom.

We have not, so far at least, renamed Martin Luther King Day as Victims of Adultery Day. Columbus was a man of his time, working for a brutal regime. He did many things that were wrong even by the standards of the time. Irrelevant. He opened the door  from the Old World to the New, and made the United States of America possible.

That’s worth celebrating.

2. Robert E. Lee  High School in San Antonio wins some kind of weasel award for responding to pressure to de-honor that racist slave-owner Robert E. Lee by renaming it LEE High School, with LEE being an acronym meaning Legacy of Educational Excellence High School. Pretty impressive, that: managing to be cowardly, irresponsible, and deceitful, all at once. Capitulating to the Left’s statue-toppling, historical airbrushing mania is wrong; doing so while not really doing it is worse. Keep recognizing the General, or don’t.

Who wants people like this teaching their children?

3.  ESPN  didn’t think it was necessary to suspend  anchor Jemele Hill  for tweeting that the President of the United States was a white supremacist, but when she dared to suggest that advertisers boycott NFL teams that forbade the kneeling stunt currently killing NFL  fan loyalty, ratings, ticket sales and popularity, that really crossed some lines. The network suspended Weeks after she expressed outrage at the ownership of the Dallas Cowboys and Miami Dolphins for making a “No-knee” policy for its players.

“Jemele Hill has been suspended for two weeks for a second violation of our social media guidelines,” ESPN said in a statement. “In the aftermath all employees were reminded of how individual tweets may reflect negatively on ESPN and that such actions would have consequences. Hence this decision.”

Ethics Alarms is on record as holding that Hill should have been disciplined for the anti-Trump tweet, but I sympathize with her here. She had every reason to believe that she had received special dispensation to air her progressive, resistance, Black Lives Matter advocacy using her ESPN visibility as a platform, especially after Disney’s CEO admitted that she hadn’t been disciplined because she was black.

ESPN’s standards are as incoherent as the cause of the kneeling players. They send mixed signals to employees and viewers, satisfying no one, and creating a chaotic culture undermining their own business, which is, remember, covering sports. Continue reading

Comment Of The Day: “Bret Stephens’ Capitulation To New York Times’ Anti-Second Amendment Culture”

Well, to be fair, who ever heard of a Jewish militia?

Ethics Alarms commenter Mrs. Q is quickly becoming a favorite here, and her thoughtful and, as usual, refreshingly blunt commentary on the gun control debate shows why.

Here is Mrs. Q’s Comment of the Day on the post, Bret Stephens’ Capitulation To New York Times’ Anti-Second Amendment Culture…

“If the opposition disarms, well and good. If it refuses to disarm, we shall disarm it ourselves.”

-Joseph Stalin

***

“Given the FACT that per-capita death-by-gun rates are anywhere from 1,000% to 3,000% higher in the US than in any other civilized country:

IS THIS A PROBLEM? OR NOT?”

“…what is YOUR solution to what seems, at least to me, to be a rather large problem…”

—Charles Green (Ethics Alarms commenter)

***

Anti-2nd amendment enthusiasts and those in favor of the 2nd amendment have two different ideas about what ‘the problem’ is. Having once been very anti-gun to becoming in favor of the 2nd amendment (but not gun owner myself) was a journey that redefined what the primary ‘problem’ is.

Like many leftists I could unquestioningly retort gun “facts”. Certainly I still have concerns around gun violence, and generally pro 2nd amendment folks think gun violence isn’t a good thing either. So first off if we’re going to have a reasonable debate, we need to remember both sides care about people and life. It’s how life is preserved and who it needs to be preserved from – that makes the difference and defines ‘the problem’.

What began to change my mind was the view from those who were disarmed and suffered greatly for it. As mentioned in the post, Jews (and Germans) were disarmed before things got deadly crazy. In communist regimes the people, except for military, were disarmed. In this country blacks and Native Americans were disarmed and more easily murdered (When Bloomberg suggested, in 2015 that black men should be disarmed, we should have seen that as a bad sign). Let’s not forget that Wounded Knee was bigger mass murder than Las Vegas…

Now lets consider how many lives have been lost because citizens were forced to register their arms, were easier to find because of it, and eventually died because they couldn’t protect themselves and their families from tyrants. How many couldn’t have a gun in the 1st place and got killed? Would anyone like to crunch those numbers?

As a woman here’s another view: Rape in Europe is skyrocketing and making women vulnerable due to political correctness and a lack of self protection that would truly stop a predator. In December 2015 the NY Times noted the clear statistical connection between rapes and migrants. Kristin Rhode from the Oslo PD testified that Norway was unwilling to admit “this was a big problem.” Should women, gays, and others vulnerable to potential harmful ideologies wait for a reluctant government more concerned with the appearance of multiculturalism, to protect them? Is this what is meant by “civilized” counties? No. Their socialism is not protecting them. Continue reading

Putting Gun Control In Perspective: The Second Amendment’s Purpose, And How To Protect It

A guest post by texagg04

 

[The following is a rare guest post. The author is a previous winner of an Ethics Alarms commenter of the year award, which comes with the privilege of a guest post, though no winners have ever cashed their prize in. I decided this effort warranted special status beyond a Comment of the Day, in part because of its length, in part because of its immediacy, and in part because I think it should be read. Only Paul Peterson, the child performer advocate and a personal hero and friend, has been a guest commenter in the past.]

This topic fatigues me every time it arises. Watching the videos of the concert-goers simultaneously brought out two emotions, one of compassion and sympathy for the victims of the crime, and one of sheer “pre-exhaustion” knowing I’d be called upon to rehash all the same, solid arguments to counteract the emotion-driven “do-something-ism.” I’ve resisted wading into the debates because it is all so tiresome, though I have chimed in on occasion. But that doesn’t mean my mind hasn’t been wrestling with this crime, the 2nd Amendment, and the deeper philosophy behind it.

There are a handful of questions this debate inevitably boil down to. I will dispense with any notions that the 2nd Amendment exists for hunting or for fun, though those topics will arise shortly. No, we’ll start off on the honest premise that the 2nd Amendment exists as a democratization of force, where the Constitution, in a sideways manner, supplements the three branched checks-and-balances division of power, with a three tiered “balance of force”, where the National level retained control over the standing army, the States retained control over the Militias (when called out), and the People, armed, represented the lowest rung. And I am of the firm belief that the 2nd Amendment is STILL ultimately essential to liberty.

But that is really the first set of questions that the debate boils down to:

  • Can good modern governments still go bad or can we trust modern republics to not go bad?
  • How does one fix a bad government or a government on the way to becoming bad?
  • Can the citizenry oppose and correct those governments without force or threat of force?

I think that a perusal of the modern history of Western Civilization would tend to show us that yes, governments can most certainly go bad. The blood-letting of Europe from 1917-1945 and the follow-on competition that ended in the early 90s is proof that democracies and republics can flip rapidly into tyrannies. I think a simple survey of contemporary nations will show us that a large number of people are subjugated beneath the yokes of dictatorships. But what of the “good” nations that have disarmed their citizens? They don’t seem to be tyrannical, they seem quite free without a mass of armed citizens forever poised to check them.

I can easily concede that they are relying on the benevolence of their current leadership. It is working fine. For them. Right now.

Still, the essential check on malevolent people with force is the actions benevolent people with force. European nations currently have generally benevolent people with authority over them. We already know, however,  that this condition can change and can change rapidly. The peoples of other nations that descended into t oppression, as their culture and governments changed, thought they also lived in modern enlightened times, where tyrannies couldn’t happen to them. I’m moving to this segue because I think checks on these malign forces aren’t merely internal, but external as well. When the European central powers slipped into malevolent rulership, it was EXTERNAL forces of good that came and broke the dictatorships apart and restored the bad actors to republicanism.

I think a certain amount of “momentum” is maintaining that check on the rise of tyrannies in these disarmed nations with “benevolent” governments. That is, I think there’s still an aura of protection provided by the United States that deters any truly awful government from rising in Europe. Then again, that depends upon the presence of a benevolent people willing to use force to check the rise of a bad government. What then if the United States or other good actors stopped being good? I would submit that, disarmed, the people of Europe would have not one bit of ability to stop the rise of tyranny in their own nations.

So why does the United States seem to keep a government that is mostly good? (and it does, you naysayers) The answer is that it has a perpetual check against its getting out of hand: the armed populace. Does this political check absolutely require violent force or the threat of violent force? What about merely electing good actors to replace bad? What about protesting tyrants when they arise? What about petitioning the government for redress of grievances? What about speaking out freely against the dictators when they rise?

Those are all good measures to take when a citizenry must ensure it is in the right before a society slides past a point from which it cannot return from. All of them, however,  rely upon a generally benevolent government that will pause and consider the grievances listed by its people. History shows that a rising dictatorship  will not care, requiring the people to be more forceful in their demands than mere words can accomplish

Yes: governments, regardless of the advancement of the culture they preside over can still go bad. Yes, there are steps before a government goes bad to rectify the government without violence. No, if the government goes too far, the citizenry cannot fix the problem without violence or threat of violence. And if that the fix cannot come from benevolent outsiders, such as France aiding the colonists in 1776 or the United States and other Allies in World War II, then the citizenry is on its own.  Sans firearms, the citizenry will have little recourse, for tyrants don’t care about protests.

This leads to other questions. Are some cultures content with domineering governments that we would consider overbearing at the cost of our security against tyranny? If so, would it be a solution to our “gun problems” to become more like those cultures? Are some cultures more vibrant and energetic and assertive, in such away that all the positives that derive from that vibrancy and assertiveness are inherently accompanied by a set of negatives such as violence and discontent? If it is necessary to solve the violence and discontent by also throwing out the vibrancy and assertiveness worth the trade off?

I don’t want to dive into this too deeply here. It just seems obvious that our culture promotes assertiveness and vibrancy, which generally inculcates an attitude in its people that the government needs to primarily keep out of our business. That attitude, taken to the extreme, is ultimately manifested in a people that must be armed to check the government, as per the opening paragraphs of this essay. Is the violence we see more often in this nation than in others a negative by-product of assertiveness, ambition or individualism? Now, before our resident Europhiles complain, yes, many Europeans are similar, but in general, (and I’ve been to Europe), I’m not impressed. Make no mistake, they enjoy their culture, I’m not expecting them to change it, I just don’t think it’s a culture we want to adopt here, and it’s certainly not one that is any position to oppose a government that decided to overstep its bounds.

That being said, the violence in our nation, though on average now decreasing, still produces extremely violent acts.

(To be clear, I’m speaking of American culture as those values it has traditionally held to, not the “objective” culture that vast swathes of progressives would love us to morph into, a culture which is essentially European in flavor).

Where these two lines of questions collide—that is, the necessity of the 2nd Amendment, and the mass killings that occur at disturbing frequency—it probably is worth revisiting the concept of “Arms” and the right to bear them. I am certain that the ability of the citizenry to check the government is worth the gun violence in America. But can any real steps be taken to alleviate the scope of the violence when it occurs? Because make no mistake, that’s really all we’re discussing when we discuss disarmament: “Fewer people are killed by a mass murderer with a knife than with a machine gun”. Got it. The dude’s still a mass murderer, and you are only trying to keep the kill count down.

There is something to that logic. Yet even though preservation of life is BUT ONE value among many that our Republic perpetually balances, it really doesn’t possess trump-card power over other values. So, if we are to seek “minimization” of casualties as a goal, it can ONLY be found within a solution that preserves the 2nd Amendment’s goals.

Before proceeding, I’m going to take a moment to rehash an essay that I wrote a while back, which discusses the 2nd Amendment (bolded line was not bolded in original):

““A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

We know the final clause “the right of the people to keep and bear Arms, shall not be infringed” is, on its face, fairly plain-spoken. That these words are hotly debated is baffling, they seem clear and obvious to me. Certainly, an amount of ambiguity exists about “What did the Founders mean by ‘Arms’”? Other arguments can be made about the meaning of “people”…did the founders mean to speak to a collection of individuals with individual rights or to directly to collection itself. But those ambiguities aside, the clause is concise and clear — the people have a right to bear arms; by extension of the philosophy enshrouded in the Declaration of Independence, it would be a natural right.

A review of contemporary documents would show that the term “keep and bear arms” does apply to individuals separately, that bear arms means to carry and use (for a variety of purposes). If this meaning does apply to individuals, then we have the meaning of the term “people”. As for the Founder’s meaning of “Arms”, that debate can rage on. A reading of the Federalist papers and scant few other documents and understanding them would indicate that the Founders intent in the balance of force is that the common man certainly at a minimum has the right to bear an equal firearm to the standard infantryman. It would seem the heavier weapons were relegated to the control of the separate states and to the national army (although the vagueness of Arms at the time does allow a wider definition – but even I don’t think their vision meant for the private citizen to own a tank or a nuke).

The prior phrase “….A well-regulated Militia, being necessary to the security of a free State..” is where I think the Founders are truly eloquent and packed a ton of meaning into 13 words.

Some would tell us that the strong full time army is enough to secure our country from invaders, therefore a ‘militia’ is no longer necessary, therefore the people no longer need the right to bear arms. But the Founders didn’t say “a military necessary to repel invaders”, they said “security of a free State.”They knew all too well that an unchecked central army can easily secure a State… but they wanted a free State. They knew from firsthand experience that centralized force is the primary tool of tyranny, and that only a heavily armed populace was a check against that.

Alexander Hamilton states in Federalist #29: “but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens.”

Some would tell us the militias existed because the nation couldn’t fund a large full time military. The Founders didn’t say “…Militia, being necessary to alleviate the financial burden of a large Army, and at which point it becomes financially viable, we will say ‘the Army, being necessary for the security of a free State.”

In the same Federalist Paper, Hamilton does assert that the militia does alleviate the financial and social burden of a large standing army, while immediately following with assertions that even should a large standing army exist, the militia would continue as a check against it.

Some would tell us the Militia was meant to be just a supplement. And, yes, all though that is one role of the Militia, that is not what the clause “being necessary” implies. They knew that a free State CANNOT exist WITHOUT a Militia at all! The phrase doesn’t say “A well regulated Militia, sometimes helps for the security of a free State…”. The Founders distinctly say the Militia is NECESSARY to the security of a free State. Because free States are not just attacked from without, but also from within.

What do we glean simply from “…Militia, being necessary to the security of a free State….”

A) the Founders, based on their experience, knew that security means secure from the outside AND the inside
B) the Founders specified precisely what is being secured…a *free* State
C) the Founders specified a non-military entity known as the “Militia”
D) the Founders didn’t just say the Militia was useful, but NECESSARY
E) the Founders considered that no *free* State can exist without the Militia.

Why all the emphasis on the militia and the citizen soldier versus a standing professional army? What is this “Militia”, what did the Founders mean by “A well regulated Militia…”?

The founders were certainly speaking about an organization of the separate people as a collected entity. But they understood that entity to be composed of everyone (yes, I know women and slaves etc didn’t count, but the spirit of the militia was that it was every individual). This, the collected, yet dispersed, force of *every* individual citizen, was the final force that was meant to be a check against the centralizing forces. A constant reminder to those wishing to impose non-republican and non-democratic will on the people, the militia and the right to bear arms (as individuals part of the whole) was viewed as indispensable to Liberty as the 1st Amendment, and all the others.

Since the earliest definitions of the militia clearly point to the notion that it is the entire body of the people derived from an INNATE duty of all individual citizens to safeguard the liberty of nation, I certainly do not think the National Guard or the Reserves or any of the armed federal agencies are the Militia. The various Acts and Laws forming those entities merely established professional standing armies, while co-opting the term “militia”. The militia – in terms of the necessary civic spirit of a vigorously liberty oriented people in opposition to the slightest pretext of centralizing and freedom-usurping forces – still and must exist.”

Okay, back on track:

I’m loathe to mention any compromises as the Left has demonstrated, for reason that a compromise today will merely be the next point to begin compromising tomorrow.  I think that we can seek some fair solutions to minimizing the casualties wrought by bad actors while still preserving the 2nd Amendment. I won’t call these “common sense” regulations, as I think the term is employed as a dirty trick of the Left to avoid having to make an argument. And fellow Libertarians, follow with me here and don’t get angry, as I’m stifling a certain amount of anger merely pondering this.

Let’s assume a premise, that yes, as Americans we shouldn’t have to be told what we can do with our possessions nor should we have to be told we can’t have something we want. I get it. I get that firearms have traditionally fallen into that category, but I also think that modern generations look at firearms much more differently than the Founders did.

[I feel it: you’re already bristling that I’m about to suggest that indeed, within the category of firearms, there may be more than just machine guns that the government can tell us we don’t need to have.]

Our modern culture has increased the “recreational” aspect of firearms to probably a level that the Founders would have found somewhat…troubling…? I personally don’t think it’s troubling, because MOST people can be trusted to shoot recreationally. But then again, Firearms at their essence are TOOLS of VIOLENCE, originally for sustenance and defense (against Criminals of all types). We have, as a consequence of our material and territorial success, been able to increasingly spend more time shooting for fun, such as targetry or hunting, than we have needed to spend shooting for defense, or for essential sustenance. Nevertheless,  you can’t divorce the modern luxury of shooting from its essential purpose.  Any sport and recreation derived from that purpose still arises from practicing the skills necessary to utilize firearms as a TOOL of VIOLENCE. Though the guns are “fun”, this does mean they are in a different class of “possession” than, say, your car, or your house, or your laptop. It does mean that maybe they need to be thought about as different sort of property, and a kind that  doesn’t get the automatic fruits of liberty pass of “I don’t need the government telling me what I can and cannot have”.

Though the firearms are private possessions and are…kind of fun…we can’t deny that there have to be some limits to firepower and potential destructive force  individual can possess, at without expensive permits and registration: Crew served machine guns…rockets…missiles…grenades… etc. Perhaps even these kinds of “potential casualty” considerations can apply to our small arms as well.

Now that I’ve lost most of my libertarian friends, the few hangers-on can possibly let out a sigh of relief, because the compromises I’m going to suggest are going to be seen partly as grossly stupid by the Left and partly as something that may be workable. Conceded: here must be a balance between the 2nd Amendment and the casualties that can come from misuse of firearms.

First, magazines.

You don’t need a 100 round drum…you don’t need a belt fed bullet backpack. Yes, they are fun. Yes, they support recreationally blazing away a lot of bullets without a reload. And I get it, I know you don’t need someone telling you what you don’t need, but, no, you don’t need them as part of the armed citizenry checking the power of an increasingly tyrannical government, which is the goal of the 2nd Amendment. In fact, I’d submit, you only need what an average infantryman carries: which is 7-10 x 30 round magazines. This will probably cause vapors among the Left who wouldn’t be content with anything more than a 3 or 5 round magazine, while simultaneously causing vapors among  libertarians who don’t want any limitations in this regard.

Tough. Your objections mean neither of you are considering the purpose of the 2nd Amendment. How does one actually enforce a limitation, not merely on magazine capacity, but on total magazines owned? I’m not sure yet, but maybe it’s possible. I’m more certain that magazine capacity CAN be easily limited to 30 round.  I don’t think total magazines owned could ever be limited due to the ubiquity of them across the community, but that may be made moot by a later suggestion.

Rate of fire modifications.

Much has been discussed of “bump firing” or “bump stocks” after the Las Vegas massacre. Yes, they are fun. Yes, they support recreationally blazing away a lot of bullets. And it’s crazy fun. Yes, I know you don’t need someone telling you what you don’t need. But, no, you don’t need modifications that replicate fully automatic firing as part of the armed citizenry checking the power of an increasingly tyrannical government. The primary infantry weapon carried has 2 firing modes: single shot and three round burst (and I only ever heard leaders telling their men to use single shot mode and to make every shot count). If the day ever came that armed insurrection is necessary, it will not consist of Johnny Rambo and his machine gun blazing down uniformed lines of cops; it will consist of many citizens likely with the backing of local or state governments. Those groups of rebels will operate effectively enough with weapons firing at a rate typical of semi-automatic weapons. This will probably piss off the Left, who would rather us be limited to bolt action weapons, this will probably annoy libertarians. But I submit that you aren’t considering the purpose of the 2nd Amendment, and  balancing that purpose against bad people killing a lot of innocent people. I think this would be noticeably easier to enforce than the first  suggestion, certainly there will be ingenious people who will make their own modifications, but it isn’t that simple.

Now it’s time to really piss off some people:

Ammunition possession.

Could there be a way to limit the total amount of ammunition possessed at any one time, without the burdensome “barcoded” ammunition that has been proposed? I don’t know. I do know that you don’t need 10,000 rounds of ammunition stockpiled. Yes, it’s fun. Yes, it supports the recreational ability to burn off rounds all day long without pause. Yes, I know you don’t need someone telling you what you don’t need. But, no, you don’t need enough ammunition to replenish a battalion through several firefights at any one time. I think, during the Founder’s era, anyone, as a member of the militia, would have been expected to have an ample amount of ammunition—for themselves—to last through a sustained firefight. I don’t know the numbers, but my guess is that would range anywhere from 30-60 rounds of ammunition. But those were different weapons and different standards of “firefight”. I could see a modern argument being made that the average soldier would need about 2-3 “battle loads” available…with a battle load being about 210 rounds of ammunition. Could there be a way to limit citizens to possessing at any one time 500-600 rounds of ammunition, without imposing onerous and invasive regulations? If so, then I could support that limitation. So far, I haven’t envisioned such a scheme. If that makes you angry, I don’t think you understand the purpose of the 2nd Amendment.

I do know this much, whatever schemes are in place, I would NEVER support them if they didn’t support anonymity of individual gun owners. With the rabidity of the Left’s hostility to guns, I would never trust a list of gun-owners to be collected anywhere. But, for example, if a limitation were placed on ammunition possession such that individual’s purchases were tracked and summed up, I would expect some sort of system would be in place to protect the identity of the purchaser unless the limit was reached. Maybe every gun owner has a type of license, with a unique identification number, such that, when an ammunition purchase is made, the unique identification number along with quantity of ammunition is passed on to the regulators, but no names are passed on. Unless at some point the unique ID number has associated with it, MORE ammunition that permitted, then that may trigger going down to the ammo supplier and getting the name of the individual (which would be on any receipts) and determining if there is reason to pursue legal measures. Of course, I have no way of figuring out how the ammo purchaser would reduce the number of rounds on their account based on firing them off so that they stay below or at the permitted amount when they purchase new. It might be completely unworkable.

Those are a handful of random brain-stormed ideas regarding the hardware of the 2nd Amendment that might work to protect the purpose of the 2nd Amendment while minimizing the potential casualties wrought by bad actors. Even then, I think the compromises still fall on the side of us just having to accept a certain level of killing as being the price of our freedom. All of the suggestions really unworkable, in which case, I’ll always default closer to the absolutist 2nd Amendment side of the debate every time, because checking the government that is also the world’s last great hope is WORTH IT.

What about the behavioral side of the 2nd Amendment?

As much as “mental health checks” prior to gun ownership sounds good, I don’t think I could get on board. I can foresee a future in which all manner of questions could be asked specifically to deny the maximum amount of people the ability to own firearms. It’s too easy to abuse and too easy to make the questions politically (or even religiously) flavored.

“Do you think the 2nd Amendment’s purpose is for the possible overthrow of the government?”

“Yes”

“You’re a nutjob, license denied”

or

“No”

“Ok, then you don’t need a firearm. Next!”

I think responsible exposure to and education about firearms from an early age IS a key component of people respecting the role of guns in society, and avoiding that dangerous fantasy that they are some sexy way to go out in a blaze of glory. Would mandatory firearms classes in middle school and high school be so bad? I don’t think so. In fact, I don’t think you can be a responsible and complete citizen if you aren’t at least familiar with the function and employment of firearms.

Should gun owners periodically demonstrate safe handling, possession, and use of firearms? Yes. But I can only back such a requirement if anonymity is maintained at the lowest level possible. That is to say, the only people who know you are due for a “firearms test” are the locals. I cannot support this if aggregated lists of gun owners were made state wide, or national.

Beyond these possible measures I have suggested— I’m not even satisfied by them, as they may be oo difficult to enforce or too easy to become tomorrow’s benchmark for the next round of “common sense” compromises leading us ever closer to total confiscation— I doubt there are many others that are enforceable without the country becoming a police state. That we cannot allow. We may have to live with periodic casualties of liberty.