incompetence

Integrity Fail: Republicans Pass An Anti-Abortion Bill, Thus Undermining Their Argument Against Unconstitutional Overreach By Democrats

/ Jack Marshall / 13 Comments
I bet this guy is a Republican.

I bet this guy is a Republican.

The bill the Republicans in the House just passed to ban abortions after 20 weeks undermines every argument the party has made against the abuse of the Constitution’s Commerce Clause to allow the federal government to meddle in state matters. One’s position on abortion isn’t relevant to the ethics and law here: I agree whole-heartedly with the ban in principle.

Abortion isn’t commerce, however. For decades, the Commerce Clause’s provision giving Congress the power to “regulate commerce . . . among the several states” has been stretched beyond all reason and the limits of language by Democratic majorities.  It has been conservative legislators, scholars and pundits who have screamed about it. Indeed, this was the primary basis for the attack on Obamacare in the Supreme Court case NFIB v. Sebelius, and the majority did find that the so-called “individual mandate” exceeded Congress’s Commerce Clause limitations.

The abuse of the Commerce Clause has been the primary means by which the Founders’ intentional restraints on federal  government power over the states and individuals have been circumvented by big government advocates. Some of the measures that were ingeniously slipped by the Commerce Clause using dubious justifications have been necessary and beneficial, like Federal laws against discrimination. Those measures, however, greased an ever-slipperier slope that has made the Clause a virtual nullity.

Supposedly, Republicans believed that it was important to start taking the Constitutional limits on Congressional power seriously again, because the alternative would be a Congressional dictatorship over the states. Now we know that the Republicans are just as willing to trample the Commerce Clause as Democrats are, as long as their pet social issues are being served. Continue reading →

More On Texas Gov. Greg Abbott’s Massive Leadership Failure

/ Jack Marshall / 19 Comments

big-lie

Texas governor Greg Abbott says that he’s monitoring the eight-week military exercise, known as Jade Helm 15, that will take place in his state and six others, so he can bring calm to some Texans who fear it is a prelude to an armed U.S. take-over.

Honest. That’s really his explanation.

Abbott wants Texans to understand that the military is only there to be better prepared to protect them, not to install martial law or take away their guns.  He says been in contact with the military, and has been assured that the exercise will be a normal military operation. “It’s so important to understand that there probably is no state in America that is more deeply connected to the military or honors the military more. And my office has been in communication with military at multiple levels, and we have the greatest assurances that these are normal military operations and they’re going to work out just fine,” Abbott said.

With supporters like Abbott, the federal government should find ISIS less threatening by the minute.

Hey, Governor! Texans are convinced that a Jewish cabal is trying to undermine financial system! Quick: put state monitors in the synagogues to reassure them that it’s not true! Oh, and they think gays are out trolling for young boys to convert to queerdom. Make sure you surveil all openly gay men, so you can reassure straight Texans that their fears are unwarranted. A lot of your voters also think that Democrats are secretly in league with the Communist party. That’s nuts, so tap the Dems’ phones so you can reassure the good Texas that they are not Red, just wrong

The Big Lie tactic works when a scurrilous and unjustified smear is given legitimacy by efforts to deny it, and the claim that the U.S. government is preparing to jackboot conservatives into submission is a classic Big Lie. Playing right along, Abbott gave credibility to the insane, and I use the word without hyperbole, belief that standard military exercises were secretly an attempt to remove Texas citizens’ rights by force when he  behaved as if the threat might be real.

This isn’t just pandering leadership and irresponsible leadership. It is disloyal, un-American and incompetent leadership. If Abbott really wanted to address these irrational fears, he had an obligation to do so like a leader who trusted and respected the national government to at least the essential minimum: no, they don’t want to enslave and kill us.  He should have said,

“Apparently some of our citizens are concerned that a planned military exercise involving U.S. Specials Operations Forces such as the Navy Seals and the Green Berets might be a hostile attack on our state.  Shame on them. We are all Americans, and while we may differ intensely on the best policies for our nation, we are united by a love of country, reverence for its values and traditions, and the Constitution of the United States. The suggestion that the President is any less dedicated to those values, or that our military would ever participate in an efforts to destroy them, demonstrates the depths to which political discourse has fallen. It has been suggested that I use the State Guard to monitor these exercises. I will order no such thing. To do so would be an insult to our President, our armed forces and the nation. I trust the good will and patriotic motivations of our national government without reservation, and so should every patriotic Texan.”

Instead, Abbott chose to fan the flames of division and distrust.

 

California Government Ethics: Water Sprinklers During A Drought…In The Rain

/ Jack Marshall / 36 Comments

The catastrophic shortage of water in California has prompted rationing and the looming prospect of permanent changes to the state’s economy and lifestyle. Yet this week a citizen with a cellphone captured video of California Department of Transportation sprinklers sewing the precious fluid along a freeway…as a light rain fell following a night of showers. Meanwhile, along the freeways, message boards are warning motorists of the importance of responsible water use in the drought, stating “Severe Drought. Limit Outdoor Watering.”

In my business and corporate ethics programs, I often use a hypothetical based on a true incident at the U.S. Chamber of Commerce, in which the staff was told that there would have to be a freeze on raises and new hiring because of financial challenges facing the association. They were told that everyone would have to sacrifice for the vital mission of the Chamber. That same week, the General Counsel’s office received a long-delayed remodeling, with expensive new furniture, artwork and carpeting. Morale plummeted, and the absence of trust in management was palpable. I use the incident to demonstrate the consequences of leadership hypocrisy and absence of integrity, when those in power hold themselves to different, and lower, standards than they claim to champion.

What California did was far, far worse. Continue reading →

Comment of the Day: “Unethical Quote Of The Week: Bill Clinton”

/ Jack Marshall / 8 Comments

cartoon

Rich (in CT) delivered a masterpiece yesterday, and a remarkably bold one: I have never seen anyone, pundit, logician, jurist or linguist, attempt to plum the machinations of Bill Clinton’s deceitful arts when he is in top form. Yet astoundingly Rich dissected yesterday’s classic Unethical Quote of the Week from Bubba professing, well, something regarding the Clintons’ various maneuvers  through the devise of the Clinton Foundation, and all I can do is radiate awe.

For the record, that quote was, “There is no doubt in my mind that we have never done anything knowingly inappropriate in terms of taking money to influence any kind of American government policy. That just hasn’t happened.” 

Here is Rich (in CT)’s Comment of the Day, my early favorite for COTD of the Year (but I am biased: the Clintons’ flagrant and joyous celebration of their ethics vacuum fascinates me almost as much as the fact that so many otherwise intelligent people don’t recognize it, though it is as obvious, and almost as long-standing, as the Grand Canyon), on the post, Unethical Quote of the Week : Bill Clinton:

Let’s try a flow chart!

>> “There is no doubt in my mind that”:
>>>> “we have never done”:
>>>>>> “anything knowingly inappropriate”:
>>>>>>>> “in terms of taking money”:
>>>>>>>>>> “to influence”:
>>>>>>>>>>>> “any kind of American government policy”.
>>>>>>>>>>>>>> “That just hasn’t happened”.

Parsing the logic: Continue reading →

CNN’s Chris Cuomo Gets An Ethics Dunce Hat Trick: Law, Journalism And Civics

/ Jack Marshall / 22 Comments

dunce capBad day at CNN. First John Berman turns the morning news into frat boy jokes about “big stones” —a testicles reference! HAR!–and then CNN’s AM Big Kahuna Chris Cuomo humiliates himself and everyone associated with him by tweeting,

“Hate speech is excluded from protection. Don’t just say you love the Constitution…read it.”

Wow. Not only is Cuomo spectacularly wrong, but he was smug and arrogant about it. Much as censorious fake liberals who want to impose speech and thought codes on us all would like it to be the case, “hate speech” has no special status in the Constitution at all, other than its status as “speech.” Reason, in a rebuke to Cuomo that drips with appropriate but still somehow inadequate contempt, points out:

Okay, let’s take Cuomo’s challenge. Let’s read the speech part of the Constitution. (I hope this doesn’t take too long; I hate reading.) Oh, good, the speech stuff is right there at the beginning of the “things you can do” section:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. My copy of the Constitution seems to be missing this fabled “except hate speech, none of that” clause.

Well, then, it must be an exception found by the Supreme Court, right? Uh, no…Reason continues its schooling: Continue reading →

Unethical Quote Of The Week: Bill Clinton

/ Jack Marshall / 20 Comments
"A pool table, don't you understand?"

“A pool table, don’t you understand?”

“There is no doubt in my mind that we have never done anything knowingly inappropriate in terms of taking money to influence any kind of American government policy. That just hasn’t happened.”

––Former President Bill Clinton in an interview  on NBC’s “Today” show, discussing the foreign money that poured into the Clinton Foundation from parties seeking State Department support for their financial, business or political interests while Hilary was Secretary of State, much of it undisclosed and all of it in violation of Mrs. Clinton’s representations to Congress and her signed agreement with the Obama Administration.

You know, it will almost be worth enduring the horrible Hillary Clinton presidential campaign awaiting us to be able to enjoy Bill showing that he’s still got it. This statement is a classic Clintonism, one of his best since he argued that he and Monica were never “alone” together. It is a genuine masterpiece of deceit and obfuscation. At first hearing, it sounds like an assertion of no wrongdoing, but only if you are not paying close attention, or if you are blinded by confirmation bias—if, for example, you are a Hillary supporter determined to “vote with your vagina,” as one of them nauseatingly put it over the weekend, and can not accept or process the truth about her, which is that she’s incompetent, dishonest and corrupt—will Bill’s careful convoluted denial sound sincere and convincing.

But why would anyone ever not listen to what Bill Clinton says carefully? Continue reading →

The Humiliation of Alexus Miller-Wigfall

/ Jack Marshall / 57 Comments

Prom Dress

Some stories of the malfunctioning of  ethics alarms in school administrators make me want to weep, go postal, or begin a national movement to bring down the public school system for good, so untrustworthy are its stewards.

This one made me want to do all three.

The incompetent and cruel administrators at Harrisburg’s Sci-Tech High School told student Alexus Miller Wigfall that she would be suspended because the prom dress she wore was “too revealing.” The school’s dress code, like most dress codes, is so badly worded that it defies reasonable construction: this one requires “all body parts” to be covered, suggesting that the only acceptable prom dress would be something like this…

woman in Burka

Cute! Continue reading →

Comment of the Day: “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”

/ Jack Marshall / 6 Comments

FBI 1

Long-time Ethics Alarms commenter Michael R. delivers another of his provocative and informative Comments of the Day, this time on the festering scandal that is prosecutor misconduct and abuses of due process in our criminal justice system. This kind of commentary justifies the existence of Ethics Alarms, in my view, regardless of what I may write here. It is a virtual template for what makes a Comment of the Day.

Here is Michael R’s COTD on the post, “KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal”… Continue reading →

KABOOM! Head Exploded, Can’t Write, Don’t Need To: The FBI Forensic Scandal

/ Jack Marshall / 23 Comments

Happy New Year!

This is res ipsa loquitur: “the thing speaks for itself.” If I have to explain what’s unethical about this and why, you are beyond my help.

From the Washington Post:

The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.

Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far, according to the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project, which are assisting the government with the country’s largest post-conviction review of questioned forensic evidence.

The cases include those of 32 defendants sentenced to death. Of those, 14 have been executed or died in prison, the groups said under an agreement with the government to release results after the review of the first 200 convictions…

Read the rest here.

Typo Ethics: Early Accountability Check For Candidate Clinton

/ Jack Marshall / 16 Comments

“From her mother’s own childhood – in which she was abandoned by her parents – to her work going door-to-door for the Children’s Defense Fund to her battling to create the Children’s Health Insurance Program, she’s fought children and families all her career.”

 

That doesn't mean they don't matter, however...

That doesn’t mean they don’t matter, however…

That was the startling news in Hillary Clinton’s long-awaited presidential candidacy announcement: that Hillary has fought families and children all her career. As an ethicist, I find the candor laudable, but I am surprised that Mrs. Clinton is making such a strong bid for the anti-family and child-hating voting bloc.

OK, it’s a typo. The Clinton campaign website fixed it, and her spokespeople reassured the news media “that the former secretary of state has not been secretly fighting children all these years.”

I almost passed on this story, being seldom able to post a typo-free 800 words myself despite reading the damn things repeatedly, but that would have been cowardly. This is not necessarily trivial. This bears some watching. I know that the large Hillary Zombie Squad, which appears to care only about the former First Lady’s chromosomes and nothing else, won’t give a second’s thought to this if her destruction of e-mail evidence and willful skirting of her own agency’s transparency and security policies don’t trouble them, but it is not insignificant. Continue reading →