The Supreme Court’s decisions on same sex marriage are just the beginning of a long process of determining what roles marriage will play in the legal environment of states and the country. Walter Olson and Ilya Shapiro detail some of the implications of the rulings.
July 13, 2013
Same Sex Marriage in America: What Now?
Comments Off on Same Sex Marriage in America: What Now?
July 12, 2013
July 11, 2013
Who will background-check the watchers?
Apparently, the folks who have been doing background checks for US government agencies have special abilities, including psychic powers:
The fallout from Ed Snowden’s leaks has taken many forms, one of which is the NSA taking a long look at its contractors’ hiring processes. Snowden claims to have taken the job solely to gathering damning info. This revelation, combined with some inconsistencies in his educational history, have placed the companies who perform background and credit checks under the microscope.
What these agencies are now discovering can’t be making them happy, including the news that one contractor’s investigative work apparently involved a seance.
Anthony J. Domico, a former contractor hired to check the backgrounds of U.S. government workers, filed a 2006 report with the results of an investigation.
There was just one snag: A person he claimed to have interviewed had been dead for more than a decade. Domico, who had worked for contractors CACI International Inc. (CACI) and Systems Application & Technologies Inc., found himself the subject of a federal probe.
It’s not as if Domico’s case is an anomaly.
Domico is among 20 investigators who have pleaded guilty or have been convicted of falsifying such reports since 2006. Half of them worked for companies such as Altegrity Inc., which performed a background check on national-security contractor Edward Snowden. The cases may represent a fraction of the fabrications in a government vetting process with little oversight, according to lawmakers and U.S. watchdog officials.
Who watches the watchers’ watchers? It appears as if that crucial link in the chain has been ignored. Give any number of people a job to do and, no matter how important that position is, a certain percentage will cut so many corners their cubicles will start resembling spheres.
These are the people entrusted to help ensure our nation’s harvested data remains in safe hands, or at least, less abusive ones. Those defending the NSA claim this data is well-protected and surrounded by safeguards against abuse. Those claims were always a tad hollow, but this information shows them to be complete artifice. The NSA, along with several other government agencies, cannot positively say that they have taken the proper steps vetting their personnel.
Comments Off on Who will background-check the watchers?
July 10, 2013
Operation Husky, 1943
Was the invasion of Sicily by the allies in 1943 a strategic error?
Seventy years ago this week, U.S. and British Commonwealth troops began Operation Husky, the invasion of Sicily. Foreshadowing D-Day 1944, Gen. Dwight Eisenhower served as overall Allied commander. Like D-Day, Allied airborne soldiers led the Husky assault by parachuting (on the night of July 9, 1943) into olive groves and rock-strewn fields along the island’s southeastern shores. On July 10, seven divisions — three U.S., three British and the 1st Canadian Infantry Division — launched an amphibious attack on a 100-mile long front. Despite several successful Axis air attacks on ships and a brazen Italian tank attack on U.S. positions near Gela, by midnight July 10 all seven divisions were ashore.
Putting seven divisions ashore so swiftly was an extraordinary coup. Oh, grievous errors occurred as the buildup proceeded, the most notorious being the July 11 downing of 23 U.S. transports by Allied anti-aircraft fire. The planes were ferrying paratroop reinforcements. Yet in its initial phases Husky demonstrated that the Anglo-American team had learned a great deal since the Operation Torch landings in November 1942. Planning and coordination had improved. North African combat had honed the skills of American forces.
[. . .]
The Sicily campaign placed Allied troops less than 10 miles (the strait’s width) from mainland Italy.
The oh-so-close proximity of large Allied forces to Italy was enticing. And that enticement leads to the biggest historical question tagging Operation Husky: Was taking Sicily the best strategic choice, since it made an invasion of Italy inevitable? From south of Naples to the Po Valley, Italy’s rugged and rocky terrain is a defender’s delight and attacker’s sorrow.
Winston Churchill had sold Sicily as the next logical step. Sicily was the classical route to Rome from North Africa, and knocking fascist Italy out of the war would deal Adolf Hitler’s Axis a heavy political loss.
Sicily geographically dominates the central Mediterranean. Husky’s advocates noted that for three millennia the island served as the stepping stone of to-and-fro commerce and war between North Africa and Europe.
American military leaders were not convinced. The decisive route to Berlin goes through France — make the all-out effort there. Churchill also claimed Europe had a “soft underbelly.” Italian and Balkan terrain is not soft. Several senior U.S. planners thought Churchill was really trying to defend British imperial interests.
Axis-controlled Sicily had served as a big aircraft carrier for attacking Allied shipping. Under Allied control, those bases would extend air cover to northern Italy and Sardinia. U.S. planners agreed that Husky made operational sense if the goal was securing air bases. But can we stop there, at the strait? Sicily’s hard slog was costly. A strategic thrust up Italy’s mountainous spine will be as just slow and deadly.
And indeed it was.
Comments Off on Operation Husky, 1943
“Neocon” as an all-purpose term of abuse
Only problem w/this fact check is that "neocon" now means "people I disagree with" so all usages tend to be correct. http://t.co/OPaESKx5S3
— Jonah Goldberg (@JonahNRO) July 10, 2013
Neocon stole my parking space at the supermarket yesterday.
— Jonah Goldberg (@JonahNRO) July 10, 2013
Neocons at the Chinese place put mushrooms in my Lo Mein when I specifically told them "no mushrooms."
— Jonah Goldberg (@JonahNRO) July 10, 2013
@JonahNRO Saw a neocon at Trader Vic's. His hair was perfect.
— Dave next door (@Nashcat66) July 10, 2013
Comments Off on “Neocon” as an all-purpose term of abuse
July 9, 2013
Narcissistic Policy Disorder on parade
Greg Weiner looks at the full-blown Narcissistic Policy Disorder of Senator John McCain:
The recently published fifth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual contains no diagnosis for Narcissistic Polity Disorder — the book’s scope being confined to the personality disorder of a similar name — but should the editors ever wish to expand into political science, they will find an excellent case study in the interview Senator John McCain gave on CBS’ Face the Nation last Sunday. It turns out the Egyptian coup, which gave all signs of being a conflict among Egyptians about Egypt, was in fact about — well, us.
[. . .]
Sectarian violence in the Middle East, an ancient and evidently incurable phenomenon, an American failure? That’s one powerful reflection staring back from the water. It is also a powerful fantasy, with roots in the same place — and the metaphor is separated from reality by only the narrowest of margins — as narcissistic personality disorder, one of whose hallmarks is the proclivity to interpret foreign events in terms of oneself. Any event, anywhere, anytime becomes a test of American leadership: He who does what America wished he had not done had no autonomous motives; he meant to stick a thumb in the American eye.
Thus McCain’s understanding of leadership and its breathtaking condescension — in, ironically, the name of the neoconservative project of spreading freedom. Note that within that model — someone is going to lead and it is therefore best for it to be a, make that the, righteous nation — little room is left for the very thing McCain claims he wants to promote: nations actually making choices about their own futures from within. In the present case, Egyptians are fighting about Egypt; the real issue, according to McCain, must be what the United States had to say, or failed to say, about it. The generals could not possibly have been motivated by (a) different aspirations for Egypt, (b) venality, (c) power or (d) some combination of the above: We must understand their motives for the coup in terms of whether they complied with our request that they “not do that.”
Comments Off on Narcissistic Policy Disorder on parade
Replacing impartial courts with revolutionary tribunals
Victor Davis Hanson talks about earlier experiments with tribunals:
In ancient Athens, popular courts of paid jurors helped institutionalize fairness. If a troublemaker like Socrates was thought to be a danger to the popular will, then he was put on trial for inane charges like “corrupting the youth” or “introducing new gods.”
Convicting gadflies would remind all Athenians of the dangers of questioning democratic majority sentiment. If Athenian families were angry that their sons had supposedly died unnecessarily in battle, then they might charge the generals with capital negligence — a warning to all commanders to watch their backs. As in the case of Socrates, a majority vote often led to conviction, and conviction to a death sentence, or at least ostracism or exile. The popular courts freelanced to ensure that “the people” would hold sway over the perceived powerful and elite.
For a couple of years in revolutionary France, a Tribunal Révolutionnaire tried royalists, clergy, the wealthy, and supposed counter-revolutionaries on trumped-up charges of crimes against the people. Their purpose was a more violent version of the Athenian idea that the courts should serve the public by targeting the prominent, influential, or wealthy.
We in the United States are in jeopardy of turning our own criminal-justice system into revolutionary tribunals — fanned by the popular media and public opinion and directed against so-called enemies of the people.
[. . .]
The American court system is insidiously focusing on social transformation rather than individual justice. If Neanderthal reactionaries in California twice voted to reiterate that marriage is between a man and a woman, then leave it to judges and courts to find them bigoted and politically incorrect. In the present revolutionary environment, the degree of the Obama administration’s enforcement of federal laws concerning gay marriage, or illegal immigration, or the new health-care law has hinged on politics and perceptions about social justice — and the courts increasingly predicate their own decision-making on these same considerations. The street can brand a court either an esteemed ally or a reactionary enemy of the people, and so the courts make the necessary adjustments.
Update: The New York Times editorial board expresses its concern about “the laws you can’t see”.
As Eric Lichtblau reported in The Times on Sunday, the Foreign Intelligence Surveillance Court has for years been developing what is effectively a secret and unchallenged body of law on core Fourth Amendment issues, producing lengthy classified rulings based on the arguments of the federal government — the only party allowed in the courtroom. In recent years, the court, originally established by Congress to approve wiretap orders, has extended its reach to consider requests related to nuclear proliferation, espionage and cyberattacks. Its rulings, some of which approach 100 pages, have established the court as a final arbiter in these matters.
But the court is as opaque as it is powerful. Every attempt to understand the court’s rulings devolves into a fog of hypothesis and speculation.
[. . .]
As outrageous as the blanket secrecy of the surveillance court is, we are equally troubled by the complete absence of any adversarial process, the heart of our legal system. The government in 2012 made 1,789 requests to conduct electronic surveillance; the court approved 1,788 (the government withdrew the other). It is possible that not a single one of these 1,788 requests violated established law, but the public will never know because no one was allowed to make a counterargument.
When judicial secrecy is coupled with a one-sided presentation of the issues, the result is a court whose reach is expanding far beyond its original mandate and without any substantive check. This is a perversion of the American justice system, and it is not necessary.
Comments Off on Replacing impartial courts with revolutionary tribunals
NYT writer files classic “First World Problem” article
In yesterday’s “Morning Jolt” email, Jim Geraghty made some sport of a New York Times article by James Atlas:
The comments section underneath the article raises the fairly glaring point that Atlas’s rose-colored memories of flying before these harsh Darwinist times (probably to be blamed on Republicans) ignore the fact that once you adjust for inflation, air travel is a lot more accessible to a lot more people today. In the “golden age” of attractive stewardesses that he romanticizes, flying was too expensive for most of middle-class America.
Come on. Look at the prices (adjusted for inflation) of air travel back in the 60s that you so glorify. In 1972 it cost me about $350 round-trip to fly from Atlanta to Chicago to go to college (so usually I took Greyhound). According to online inflation calculators, that’s the equivalent of $1950 today. If we want the same level of service we got in the 60s and 70s, we’d need to pay equivalent prices. Airline travel in “economy” today is pretty much analogous to what bus travel was in the 70s; cheap enough that many people can afford it but dirty, uncomfortable, crowded, and miserable. Comfortable travel is available now, as it was then, to the more well-to-do — if you can afford to pay for first class, then your flight is far more tolerable than if you’re in economy. In 1972, the one time I flew, it was a lot more enjoyable than taking the bus. But then, as now, one got what one paid for. We expect airfares to be rock-bottom low and accessible to all — but we can’t then expect service levels to match what they would be if the airlines still charged the prices they used to charge.
I would note that higher-end air travel is one of those rare products where a large portion of the consumer base isn’t spending their own money. (How many business class or first-class passengers bought those tickets with personal funds, as opposed to having their employer pay for it?) When it’s somebody else’s money, hey, anything goes, or at least as much as you can get away with. (Of course, that’s at other employers. For the transatlantic flights for the Norway cruise, Jack Fowler has booked me a space in an overhead luggage rack.)
If everyone paid out of his own pocket, those passengers willing to pay $659 to $2,337 for a one-way first-class ticket from D.C. to Los Angeles nonstop would largely disappear. But those folks willing to pay those exorbitant costs — really, those companies willing to pay those costs for their employees — are what make the (relatively) cheap price of $234 for the same flight in coach possible. (I got those figures from plugging in a flight from D.C. to LA with one week’s notice into Expedia.)
Also … did no editor at the Times think it was bad timing to run a column complaining about insufficient legroom and stale ham sandwiches right after the crash at San Francisco airport?
Comments Off on NYT writer files classic “First World Problem” article
July 7, 2013
More details on US Army’s re-organization plans
Strategy Page updates the headline news about the US Army disbanding over a dozen combat brigades in the most recent military cutbacks:
The U.S. Army recently announced its plan to reduce its 45 combat brigades to 32 but to retain most of the combat capabilities of the 45 brigade force. This will be done by transferring many of the troops and equipment from the disbanded brigades to the 32 that will remain in service. This will increase most brigades to 4,500 troops. Each new brigade will have three infantry or armor battalions (instead of two, as most now do) 18 (instead of 16) 155mm self-propelled artillery vehicles (organized into three batteries instead of two) and more engineer troops (the equivalent of a battalion) for each brigade. The new BCTs (Brigade Combat Teams) will initially consist of 14 infantry (two infantry and one tank battalion), 12 tank (two tank and one infantry battalion) and seven Stryker battalions. Three of these 35 brigades will be disbanded over the next few years, but which ones has not been decided yet. By late 2017 the army expects to reduce personnel strength ten percent (to 490,000 troops from the current 547,000).
All this shrinking is due to the fact that the army is facing some hefty budget cuts (at least 5-10 percent over the next decade). Linked with growing costs (for equipment, supplies and wages) makes this cut even larger. For example, over the next decade, defense spending will decline from 3.6 percent to 2.8 percent of GDP. Several years ago the army did the math and concluded that it would have to cut manpower up to 80,000 by the end of the next decade, and reduce combat brigades to as few as 32 (from the current 45) and total strength of 490,000 troops. Without the cuts training would have to be cut to the point where the troops would be unprepared for combat. The recent announcement simply confirms the initial army estimates.
These cuts are nothing new, as army leaders have seen it coming for some time. Four years ago, despite major combat operations in Iraq and Afghanistan, the U.S. Army went through a major reorganization. The end result was the increase in the number of combat brigades from 33 to 48 (soon reduced to 45 because of budget cuts). This required the transfer of over 40,000 people from combat-support jobs to the combat brigades. In doing this, the army got some experience in reducing personnel strength without losing capability. Most of this reset was completed, with all the new brigades ready for service, by 2010.
Comments Off on More details on US Army’s re-organization plans
America’s Ministerium für Staatssicherheit
Rick Falkvinge looks at an interesting appropriate pairing: the former German Democratic Republic’s Ministerium für Staatssicherheit (Stasi) and the American NSA:
If you were to compare the evil, reprehensible Stasi to the NSA side by side in a visual comparison, who’s the worse surveillance hawk? The people over at OpenDataCity have put together a nice visual guide with astonishing results. We tend to think of Stasi-scale surveillance as the epitome of evil surveillance, and have completely lost track of what today’s governments are doing to their people.
When you go to this page (in German), you are presented with a nice map that compares the size of the Stasi archives — a large building in Berlin — with the corresponding NSA archives. It’s clear that the NSA’s archives — if used with Stasi technology, for an apples-to-apples comparison — would be quite a bit larger:
Comparison of the Stasi and NSA archives. The Stasi archives were a building in Berlin, the NSA archives seem to be more like a couple of entire blocks.
Keep reading … it’s like a “powers of ten” exercise.
Comments Off on America’s Ministerium für Staatssicherheit
July 6, 2013
Matt Ridley on the “shale cornucopia”
It’s a big deal. A really big deal:
A new report (The Shale Oil Boom: a US Phenomenon) by Leonardo Maugeri, of Harvard University, sets out just how astonishing this second shale revolution already is. After falling for 30 years, US oil production rocketed upwards in the past three years. In 1995 the Bakken field was reckoned by the US Geological Survey to hold a trivial 151 million barrels of recoverable oil. In 2008 this was revised upwards to nearly 4 billion barrels; two months ago that number was doubled. It is a safe bet that it will be revised upwards again.
The big reason for the upwards revisions is technology rather than discovery. Thanks to faster and cheaper drilling (which means less-rich rocks can be profitable) and things such as “zipper fracturing”, where two parallel wells are drilled and alternately fractured to help to release oil for each other, the oil recovery rate is rising from 2 per cent towards 10 per cent in places. Gas is now nearer 30 per cent. Well productivity has doubled in five years.
Now the Bakken is being eclipsed by an even more productive shale formation in southern Texas called the Eagle Ford. Texas, which already produces conventional oil, has doubled its oil production in just over two years and by the end of this year will exceed Venezuela, Kuwait, Mexico and Iraq as an oil “nation”.
[. . .]
Mr Maugeri calculates that at $85 a barrel most shale oil wells repay their capital costs in a year. He estimates that even if oil prices fall steadily to $65 in five years, shale oil production will treble in the US because of increasing productivity per well and the easing of transport bottlenecks. By 2017, he thinks, America will be producing nearly 11 billion barrels a day [correction 11 million], equal to its previous peak in 1970. It would need much less in the way of imports. US oil imports peaked at 60 per cent in 2005 and will be below 40 per cent this year.
Internationally the effect is very different for oil compared with gas. Gas is costly to export by sea, requiring liquefaction. This roughly doubles the cost of it, meaning that America’s cheap shale gas boosts its economy at home, and gives it a competitive advantage in attracting energy-intensive industries. (US gas prices are a third or a quarter of what they are here.) Mexico, too, is benefiting because of having a land border with America and pipelines.
[. . .]
There would be losers. America’s falling appetite for imports may hit Nigeria and Angola harder than the Middle East because of the types of oil they produce, while Canada and Venezuela, whose tarry oil sands are high-cost, would also suffer if oil prices fell. But every oil producer would eventually feel the effect of this falling US demand, so there is no doubting the downward pressure on world oil prices that this revolution is likely to cause.
Comments Off on Matt Ridley on the “shale cornucopia”
July 4, 2013
In honour of our American cousins’ Fourth of July…
… here’s Tim Hicks singing “Stronger Beer”:
H/T to Dave Slater for the link.
Comments Off on In honour of our American cousins’ Fourth of July…
July 3, 2013
US public opinion on abortion has been stable for decades
Nick Gillespie says the stability of beliefs on the topic of abortion is one of the most striking things about the whole debate:
So despite decades of polling data showing that large majorities of Americans believe abortion should be legal under some circumstances, you could be excused for thinking there are only two possible positions when it comes to terminating pregnancies: either all abortions should be allowed, or none should be.
Yet the most striking thing about attitudes toward abortion is how stable they’ve been over the 40 years since Roe v. Wade. Gallup has been tracking public sentiment on the matter since 1975, when 22 percent of Americans agreed that abortion should be illegal under any circumstances and 21 percent believed it should be legal under any circumstances. Those numbers are now 18 percent and 28 percent respectively. In 1975 54 percent believed abortion “should be legal only under certain circumstances.” The number is now 52 percent and has never gone above 61 percent or below 48 percent. Over the past 15 years, the number of Americans calling themselves “pro-life” and “pro-choice” has narrowed to a few points, with 48 percent identifying as pro-choice and 44 percent as pro-life (in 2011, those figures were basically flipped).
Official political stances on abortion are absolutely Manichaean, however, with the Republican Party and most of its leading figures stressing that life begins at conception, a belief that would outlaw virtually all abortions except those necessary to protect the health of the mother. The Democratic Party platform — and most of its highest-profile members, including President Barack Obama — “strongly and unequivocally supports” abortion at any time and for any reason during a pregnancy.
Most Americans reject such categorical, extreme views and instead offer conditional support for abortion depending on when it’s performed. Gallup found that while 61 percent of Americans think abortion for should mostly be legal in the first three months of pregnancy and 27 percent felt it should be legal in the second trimester, just 14 percent agreed it should be allowed on demand in the final three months.
Unlike their political representatives, then, Americans hold a far more nuanced view of abortion, and one that comports with the reality of the procedure. Of the roughly 1 million abortions performed a year in America, about 90 percent take place within the first 12 weeks of pregnancy and only 1 percent take place after 20 weeks (in fact, over the past decade, there has been a marked trend toward earlier abortions). That helps explain why 62 percent of Texans supported S.B. 5, the bill that Wendy Davis filibustered.
Update: You went full Satanist. Never go full Satanist:
Not that invoking Satan isn’t serious, but the response on Twitter included some great humor. A few of my favorites:
3 rules: don’t start a land war in Asia. Don’t go in against a Sicilian when death is on the line. Don’t #HailSatan at your abortion rally.
— Rick Wilson (@TheRickWilson) July 3, 2013
Shouldn’t abortion be between a woman, her doctor, and the Dark Lord of the Underworld? I mean, come on.
— Rick Wilson (@TheRickWilson) July 3, 2013
They just want abortion to be safe, legal, rare and performed on the Fiery Blood Altar of the Plain of Tartarus by Dr. Kermit Beelzebub.
— Rick Wilson (@TheRickWilson) July 3, 2013
The Democrats do not support chanting #HailSatan. Satan is a patriachal oligarch who refuses to pay his fair share. Plus he believes in God.
— Kurt Schlichter (@KurtSchlichter) July 3, 2013
Never go full Satanist.
— Just Karl (@justkarl) July 3, 2013
The Blaze noted:Obviously, it is much more likely that the abortion supporters were chanting “Hail Satan!” to mock pro-lifers rather than actually hailing Lucifer, but anything is possible.
I’m certain that the intent was mockery. The overall effect of chanting “Hail Satan”? That’s another story, but one of those effects is surely clarity.
Right. Having been to Texas, I can assure you that the defense of “We were mocking Christians by invoking Satan,” might actually make things worse.
Comments Off on US public opinion on abortion has been stable for decades
