President John Tyler

Morning Ethics Shout-Out, 10/28/2020: “And Tyler Too…”

/ Jack Marshall / 6 Comments

I am ashamed: when I listed my anti-depression playlist, I somehow managed to leave out one of the best and most exhilarating songs of the group: The Isley Brothers’ “Shout.” I apologize profusely.

1. Self-delusion is not ethical. When Ben Ferencz, the last surviving lead prosecutor at the Nuremberg trials, finally leaves us (he’s in his nineties now and still going strong), I will make him an Ethics Hero Emeritus. As the new Netflix documentary about his astounding and ethics-focused life makes clear, few have devoted the time and energy to the cause of human rights and justice any more intensity or longevity than Ferencz. My admiration of him is only marred by his advocacy for pacifism, which the last portion of the film highlights. Ferencz was instrumental in the creation of the World Court, a kind of standing extension of the Nuremberg Trials which the U.S. has, wisely, refused to participate in. The legal scholar speaks passionately for the  cause of eliminating war by substituting law and international tribunals. The idea is delusional on its face, and also cynically exploited by those who know the idea is impossible, but who support it as a way to impose world government, and the concomitant reduction in individual liberty that would necessarily entail.

As Ethics Alarms has discussed many times, one great weakness of ethics as a discipline is its drift toward utopianism, and its persistent destruction of its own credibility by advocating goals and standards that cannot be achieved, indeed, that defy history and common sense. Has anyone asked Ben Ferencz if he really believes that Nazi Germany, Imperial Japan, the USSR or current day North Korea and Iran would voluntarily submit to the edicts of a World Court? If he has, it did not make the documentary. One can understand why a man who has seen and experiences why Ferencz has during his long life would cling to the hope that some day war will be eradicated and peace will reign forever, but rejecting reality for comforting idealism does not, and never has, advanced the cause of ethics.

2. This would seem to be an easy topic for a bipartisan bill. (Why isn’t it?) Democrats introduced legislation making it illegal for banks and other financial firms to discriminate against their customers because of their race, religion, sexual orientation and other characteristics. I thought this was illegal already, but the absence of any mention of financial services constitutes a loophole in the Civil Rights Act. Thus “The Fair Access to Financial Services Act,” introduced a week ago by members of the Senate Banking Committee, would explicitly outlaw discrimination against bank customers. Right now, it is legal for banks and other financial businesses to treat some customers differently based on race as long as the services aren’t denied entirely. Banks can legally use racial profiling to delay customer transactions, or require extra steps to prove their legitimacy.

Continue reading →

Morning Ethics Warm-Up, 4/6/2020: Another KABOOM!, Two Deranged Op-Eds, And Kansas City Police Adopt The Nuremberg Defense

/ Jack Marshall / 17 Comments

Feeling blue, beleaguered and dispirited: time for my favorite “Good morning” video again:

1. Yes, it’s another KABOOM! to begin the day. The same critics who attack the President every day for his response to the virus, whatever he does or says, have been alternately praising China for its handling of the pandemic or defending it. Now look at these photos  from two days ago, April 4, showing Chinese citizens heading for the Huangshan mountain park to enjoy the great outdoors, as CNN put it.

2. Today in leadership ethics…on this date in 1841, President William Henry Harrison, then the oldest man by far to take the Presidential oath of office (America take note),  died after just 31 days from a cold he caught by grandstanding to show he wasn’t so old (he refused to wear a top coat in freezing weather, and delivered what is still the longest inaugural address in our history). He was the first President to die in office. He also died after being elected in a year ending with a zero,  launching a creepy 120 year tradition of every POTUS elected in such a year also dying in office (Lincoln, Garfield, McKinley, Harding, FDR, JFK)  until Ronald Reagan beat it, though just barely.

Vice President John Tyler was sworn into office amidst mass confusion: the Constitution was unclear about what happens when a President dies. It directed that in case of the President’s death “the Powers and Duties of the said office” “shall devolve upon the Vice President” until a new President is elected. Here the most unlikely of leaders, an obscure figure from the opposition party (Tyler was a Southern slave-holding Democrat  put on the Whig ticket, maybe because “Tippecanoe and Tyler Too!” scanned) who had no constituency, looked like Ichabod Crane…

…and who later joined the Confederate cabinet, made a bold decision that changed American history in too many ways to imagine.

While many experts and legal scholars argued that he was only a temporary, acting-POTUS until a special election could be held, Tyler decreed that he was, in fact, the President, and would serve out Harrison’s full term. Congress couldn’t figure out how to stop him, and thus the United States, by accident and the unilateral decree of an otherwise minor political figure, adopted the smooth manner of transition that has served it so well. It wasn’t until the 25th Amendment, ratified in 1967,  that there was anything in the Constitution saying directly that the Vice President permanently assumes the job and finishes out the term upon the death, resignation or removal of the President.

Fun fact:  President Tyler, who was born in 1790, has a grandson living in Virginia. Lyon Gardiner Tyler, Jr., born in 1924, is 96 years old. I once saw him from afar when he was still living at the Tyler plantation, dubbed Sherwood Forest. Continue reading →

NBC’s Chuck Todd Offers Dubious History To Cover For Democrats

/ Jack Marshall / 68 Comments

One of these things is not like the other...

One of these things is not like the other…

[A frequent and valued commenter asked Ethics Alarms to examine this, and I am, as many of you know, always eager to delve into the history of My Favorite Men, the Presidents of the United States.]

Yesterday, NBC presented the nauseating display of a prominent member of Congress attempting to undermine the peaceful transfer of power after a legal and fair election. This was unprecedented, and not surprisingly. Only a hyper-partisan ethics dunce who believed that he was beyond criticism and accountability and who was confident that journalists would rationalize his conduct would do such a thing.  In this regard, at least, Rep. John Lewis was correct. The news media had his back.

Before the actual interview was broadcast, news of Lewis’s statement was out regarding Lewis’s attack, and Donald Trump, as he has with Gold Star parents, beauty queens and others and award-winning actresses, had foolishly reacted with an insulting tweet that allowed his critics to shift public attention from the provocation to the target. Is Trump really incapable of learning how stupid this is, no matter how many times he suffers for it? Apparently.

Meanwhile, it was time for the news media to play defense for Lewis, because that’s what they do when Democrats misbehave.

Chuck Todd, the host of “Meet the Press,” used hsiMSNBC show “Meet the Press Daily” to argue that a prominent member of Congress claiming that an elected President isn’t legitimate is just not that big a deal, saying

“In case you missed it, Congressman John Lewis (D-Ga.), civil rights hero and icon, said Donald Trump does not believe is a legitimate president because of the Russian meddling in the election. Leaving aside how you feel about Lewis’ position, it’s not first time a president’s legitimacy has been questioned.”

Then, no doubt thanks to some intern’s searches on Google, he regaled his audience with misleading American history:

In 1824 when John Quincy Adams won the presidency over Andrew Jackson, despite getting clobbered in the popular vote, a lot of people questioned the legitimacy of his victory. In fact, this happens pretty much every time the popular vote loser moves into the White House.

After the 1876 election, Rutherford Hayes, who was called Ruther-fraud Hayes when Congress gave him the electoral majority.

The same in 1888 with Benjamin Harrison. You may remember the occasional cry of foul in 2000 when the Supreme Court stopped the Florida recount and George W. Bush won the election.

Sometimes, though, it has nothing to do with voting. When William Henry Harrison died a month after taking office in 1841, a lot of people didn’t accept the idea that as vice president John Tyler or any vice president for that matter could legitimately ascend to the presidency. A lot of people just called him an ‘acting president.’

Most recently, of course, the conservative right and and some Republicans claimed to doubt President Obama’s citizenship and therefore the legitimacy of his right to serve in the office of the presidency.

None of this is meant to pass judgment on John Lewis’ position, it’s just to remind us all this isn’t the first time someone has questioned the legitimacy of an American president. Surely won’t be the last.

This is what our political system does, we have this back and forth. It doesn’t make it any less shocking, frankly, to some of us when you do hear it from people with big influence. That’s all for tonight.

See? No big deal! Happens all the time! Everybody does it! Continue reading →

Sweet Briar College’s Fate And Fait Accompli Ethics

/ Jack Marshall / 25 Comments

high-noon-clock

 UPDATE (6/15): I am officially nominating this post as the Most Typo-Riddled Ethics Alarms Article of 2015. At least I hope it is—alerted by a reader, I just found and fixed about 10, and I have no idea what happened. I suspect that I somehow pasted the next-to-last draft instead of the final. My proofreading is bad, but not THAT bad. I am embarrassed, and apologize to all: that kind of sloppiness is never excusable, but I especially regret it on a topic this important.

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Sweet Briar College was officially scheduled for termination, date of execution later this summer, by a board that chose not to offer alumnae and other interested parties a fair opportunity to raise objections, propose solutions, or mount a rescue effort. Indeed it was almost an ambush.

Although the distinguished graduates of Virginia’s unique and venerable all-female college have mounted a spirited effort to reverse this dubious move, time is not on their side. Amherst County Attorney Ellen Bowyer, working with the passionate opposition to Sweet Briar’s closing, argued in court that this would violate the terms of the will upon which the college was founded, and that the college’s board has engaged in malfeasance or misfeasance, violating its fiduciary duties and misusing charitable funds. A circuit court refused Bowyer’s request for a temporary injunction that would at least delay the closing —Tick-Tick-Tick!—and the case was appealed to the Virginia Supreme Court. Those  justices concluded that the lower court, in denying the injunctive relief, erred by concluding that that the law of trusts do not apply to a corporation like the college.  It does. So now the case returns to the circuit court to reconsider the merits.

Tick-Tick-Tick!

I find this infuriating and heart-breaking. As I’m certain the college’s treacherous board knew in March, legal challenges and court decisions take time, and the realities of the academic year halt for no man, or woman. It’s June now, and Sweet Briar has no 2015 entering class. Its sophomores and juniors are seeking, or have found, other schools as well. One of Sweet Briar’s problems—not an insuperable one to a board appropriately dedicated to is traditions and mission—was increasingly lagging enrollment. Whatever the solutions to that may be, skipping a year of entering freshman is not one of them. Faculty have to eat: presumably most, if not all of them, and the staff, are seeking employment elsewhere. The battle to save Sweet Briar, as noble and as important as it is, may have been lost from the start, simply because the clock, and the calendar, keeps moving.

This was, I fear, a fait accompli of the worst variety, an unjust, unfair, even illegal action that is successful because once set in motion, there is no way to stop it. Using the fait accompli strategy is intrinsically unethical, and the mark of an “ends justifies the means” orientation. It is based on the principle that an omelet, once made, cannot be unmade, because eggs can’t be put together again. In a situation where the ethical, fair, procedurally just approach is to debate and challenge a proposed policy action before it takes place, the fait accompli approach operates on the practical maxim that if you have no options, you have no problem. In essence, it says, “Yes, you may be right, but what are you going to do about it?” Continue reading →