Category Archives: General discussion

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Argument Analysis, Begging the Question, Fallacies and Other Problems, Michael Gerson

Coercion and Complicity

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I'm not quite sure that I understand the complicity argument that has sprung up among some of those who lost the election and who are upset at Obama's policies. Gerson gave a particularly virulent formulation of it today:

There is a common thread running through President Obama's pro-choice agenda: the coercion of those who disagree with it.

. . . .

Now, taxpayers are likely to fund not only research on the "spare" embryos from in vitro fertilization but also on human lives produced and ended for the sole purpose of scientific exploitation. Biotechnicians have been freed from the vulgar moralism of the masses, so they can operate according to the vulgar utilitarianism of their own social clique — the belief that some human lives can be planted, plucked and processed for the benefit of others. It is the incurable itch of pro-choice activists to compel everyone's complicity in their agenda. Somehow, getting "politics out of science" translates into taxpayer funding for embryo experimentation. "Choice" becomes a demand on doctors and nurses to violate their deepest beliefs or face discrimination.

The argument seems to be that the fact that some people of conscience disagree with a certain policy on moral grounds presumptively legitimates the conclusion that the policy should not be enacted. The argument seems to be

1. People of conscience are free to have their own moral beliefs.

2. Freedom of moral belief entails (requires) that one is not "forced" to act counter to one's moral belief.

3. Therefore a policy that "forces" you to act indirectly against your moral belief is wrong.

4. Paying taxes to support an activity that runs counter to your moral beliefs is being "forced" to act counter to your moral beliefs.

5. [Therefore the government is wrong to spend money on activities that run counter to some people's moral belief.]

Gerson, being the moral relativist that he is, relativizes the difference in moral views to "social cliques" and then suggests that the government has no business intervening in this matter of taste–non disputandum gustibus I guess. Gerson makes that Nietzschean mistake of confusing sneering at those who disagree with you with argument against their position.Gerson and others can, of course, take the route many others of serious moral conscience have gone before. But, I can't see how it follows that a government cannot make any law legitimately that would be conscientiously objected to by a "social clique" even if we drink the radical relativist kool-aid with Gerson.

But, it seems to me that there is ultimatley something worrisome about Gerson's notions of "coercion" and "complicity" here. This argument may not seem fallacious as such. He is, of cousre, entitled to define coercion this broadly. But it overloads his premises, and, because he does not make explicit the real claim that he is making here, it seems to come close to begging the question. He is at least using emotionally loaded terms in order to persuade the reader without adequate justification of the wrongness of Obama's order. (Begging the question seems too strong here, better would be a fallacy of loading the key term of the argument.)

I'm really fascinated by the concept of complicity, though I can't say that I understand what the conditions for complicity would be. At the same time I don't think we can do without a fairly robust notion, at least, in our moral thinking. But, the sort of argument that Gerson is trotting out here, seems to be the argument of the defeated: No longer able to argue against fairly overwhelming democratic and popular support for the policy, no longer able to enforce their view by fiat, they claim that any policy is the result of an "incurable itch of [pro-choice] activists to compel everyone's complicity in their agenda."

General discussion

Responsible Science, Irresponsible Pundits

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Think Progress has a nice post about Glenn Beck's comments on Obama's stem cell order.

BECK: So here you have Barack Obama going in and spending the money on embryonic stem cell research, and then some, fundamentally changing – remember, those great progressive doctors are the ones who brought us Eugenics. It was the progressive movement and it science. Let’s put science truly in her place. If evolution is right, why don’t we just help out evolution? That was the idea. And sane people agreed with it!

And it was from America. Progressive movement in America. Eugenics. In case you don’t know what Eugenics led us to: the Final Solution. A master race! A perfect person. …. The stuff that we are facing is absolutely frightening. So I guess I have to put my name on yes, I hope Barack Obama fails. But I just want his policies to fail; I want America to wake up.

 It's pretty hard to parse this rant and find anything like an argument in it, but he seems be suggesting:

1. Progressives advocated eugenics in the past.

2. Eugenics led us to the Final Solution and to goal of creating a master race and a perfect person.

3. Obama is a progressive.

4 [Implicit, I guess] It is likely that Obama as a progressive will advocate eugenics which will lead to the Master RAce.

5. Therefore, Obama's executive order should be opposed.

That's just the best that I can make out of the addled thoughts of Beck. He seems to fallaciously argue by analogy from Obama being a progressive and supporting stem cell research to the likelihood that Obama is endorsing eugenics, and therefore, slippery slopily, will end up supporting the Master Race.

The factual ignorance underlying this argument is staggering. All that Obama has done is reverse the limitation of the use of federal funds to the 20 or so lines that were already in existence at the time Bush signed his 2001 order:

To the delight of patients’ groups and scientists, the order will allow research on hundreds of stem cell lines already in existence, as well as ones yet to be created, typically from embryos left over from fertility treatments that would otherwise be discarded. (NYT, 3/8/09)

There is little reason to believe that this will initiate the slippery slope to the Master Race.

It is interesting to compare this argument with Krauthammer's more measured slippery slope argument against research cloning of embryos. (The fullest version was in the New Republic (there's a link here to it)). There he argues only that there is a need for some line to be drawn that protects embryos from being reduced to mere material and that the line is reasonably drawn at research cloning (creating embryos for research purposes)).

Setting aside the fact that the Obama's executive order does not authorize funding for research cloning (research cloning is not illegal in the US, though the use of federal funds for it is banned by the Dickey-Wicker amendment originally passed in the mid-90's), it seems possible to me to argue that there is some slipperiness to the slope and that at some point we may find ourselves having allowed morally disturbing cases. But, if the argument depends on the likelihood of this being the first step in an ineluctable process to the Master Race, then that just seems intellectually irresponsible at best.

Charles Krauthammer, General discussion, Specious allegations of fallacy, Straw Man

The greatest non sequitur ever foisted

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Charles Krauthammer, on Obama's speech of over a week ago:

The logic of Obama's address to Congress went like this:

"Our economy did not fall into decline overnight," he averred. Indeed, it all began before the housing crisis. What did we do wrong? We are paying for past sins in three principal areas: energy, health care and education — importing too much oil and not finding new sources of energy (as in the Arctic National Wildlife Refuge and the Outer Continental Shelf?), not reforming health care, and tolerating too many bad schools.

The "day of reckoning" has arrived. And because "it is only by understanding how we arrived at this moment that we'll be able to lift ourselves out of this predicament," Obama has come to redeem us with his far-seeing program of universal, heavily nationalized health care; a cap-and-trade tax on energy; and a major federalization of education with universal access to college as the goal.

Amazing. As an explanation of our current economic difficulties, this is total fantasy. As a cure for rapidly growing joblessness, a massive destruction of wealth, a deepening worldwide recession, this is perhaps the greatest non sequitur ever foisted upon the American people.

He said "logic" and "non sequitur," so we knew we were in for something good from the guy who thinks a slippery slope is a valid form of argumentation.  And indeed we were.  It seems that Krauthammer has just distorted what Obama said.  Distorting what somebody says in order to knock down the distorted version of what they say is a non sequitur.  To be specific, it's a straw man.  Here's the quoted passage in context: 

We will rebuild, we will recover, and the United States of America will emerge stronger than before. 

The weight of this crisis will not determine the destiny of this nation.  The answers to our problems don’t lie beyond our reach.  They exist in our laboratories and universities; in our fields and our factories; in the imaginations of our entrepreneurs and the pride of the hardest-working people on Earth.  Those qualities that have made America the greatest force of progress and prosperity in human history we still possess in ample measure.  What is required now is for this country to pull together, confront boldly the challenges we face, and take responsibility for our future once more.

Now, if we’re honest with ourselves, we’ll admit that for too long, we have not always met these responsibilities – as a government or as a people.  I say this not to lay blame or look backwards, but because it is only by understanding how we arrived at this moment that we’ll be able to lift ourselves out of this predicament. 

The fact is, our economy did not fall into decline overnight.  Nor did all of our problems begin when the housing market collapsed or the stock market sank.  We have known for decades that our survival depends on finding new sources of energy.  Yet we import more oil today than ever before.  The cost of health care eats up more and more of our savings each year, yet we keep delaying reform.  Our children will compete for jobs in a global economy that too many of our schools do not prepare them for.  And though all these challenges went unsolved, we still managed to spend more money and pile up more debt, both as individuals and through our government, than ever before.

In other words, we have lived through an era where too often, short-term gains were prized over long-term prosperity; where we failed to look beyond the next payment, the next quarter, or the next election.  A surplus became an excuse to transfer wealth to the wealthy instead of an opportunity to invest in our future.  Regulations were gutted for the sake of a quick profit at the expense of a healthy market.  People bought homes they knew they couldn’t afford from banks and lenders who pushed those bad loans anyway.  And all the while, critical debates and difficult decisions were put off for some other time on some other day.

Obama has clearly distinguished between the declining economy and "all of our problems."  In particular, the failing economy is just one of the problems we face.  So he is not making, in other words, the non sequitur of the century or whatever, since that isn't even close to the "logic" of Obama's argument.  Whatever the virtues or vices of Obama's proposals, they don't fail for this reason.  

To return to the theme of facts and inference, Karauthammer's claim about Obama's argument does not fall within the realm of plausibility–no fair-minded editor could claim that he has accurately represented what Obama said in his summary.  The Post really ought to have higher standards than this.  

General discussion, George Will, Inexplicable, Plain Bad Arguments

Don’t try this at home

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Apropos of the difference between errors of fact and errors of reasoning, Carl Zimmer (blogger at Discover Magazine) asked Bill Chapman, a University of Illinois climate scientist, about George Will's recent bungling of Chapman's data as well as the Washington Post's defense of Will.  Chapman said:

Since their statements were based on the end of the previous year, and more importantly the end of 1979, the statement ‘global sea ice levels now equal those of 1979′ just didn’t make sense any more. We have received 80-100 emails from confused people who had read George’s column and looked up the graphs on the Cryosphere Today [one of the center’s web pages] and said they came to a different conclusion, or, could we point them to the report that said that Feb 1979 and Feb 2009 sea ice area was nearly the same. We had to post the current and corresponding 1979 values to avoid the inconsistency that readers were noting. After doing some googling, it appears that Daily Tech article got repeated on a lot of blogs, so it’s not surprising George Will came across it at some point. Still it was sloppy for them to not double check with the original source and it really points out the danger of making any conclusions on climate change based on any two days in history. I really wish they would have contacted us at some point to avoid this.

Our goal is to present the data in as concise and useful format as possible for interested users. Whether the Washington Post decides to publish a correction is up to them.

Here's what Will wrote:

As global levels of sea ice declined last year, many experts said this was evidence of man-made global warming. Since September, however, the increase in sea ice has been the fastest change, either up or down, since 1979, when satellite record-keeping began. According to the University of Illinois' Arctic Climate Research Center, global sea ice levels now equal those of 1979.

What Chapman points out is important.  It's not only the misrepresentation and the laziness of it all (Will didn't bother to inquire with them, while Zimmer and others have), it's the fact that he made some kind of spectacularly giant inference on the strength of two isolated facts.  Even if those facts had been true in the sense he alleged, there is no way he should have been allowed to make that inferential claim without relying substantially on the common sense of the relevant experts–who, by the way, nearly unanimously disagree with him.  

It does not advance the public understanding if scientists must continue to debate intellectual children who (1) have no basis for disagreeing with them (2) don't accurately represent the views of the scientists in question and (3) accuse everyone else of being hysterical.  That's more or less what the Post considers meaningful public discourse–worthy of publication in their paper and syndicated across the country.

General discussion

More Argumentum ad Obamam

Richard Cohen jumps on the "meet the new boss, same as the old boss" bandwagon.

Taken individually, the tax problems of Treasury Secretary Timothy Geithner and the health and human services secretary-designate, Tom Daschle, don't amount to much. Together, though, they amount to a message: If you are beloved by this administration, you don't necessarily have to play by the rules. Both Geithner and Daschle are good men, but their appointments send the message that Washington's new broom sweeps a bit like the old one.

Which old broom exactly?

 But if the money is going to be offered, why not couple it with demands for reform? After all, without the extra cash, the likelihood is that teachers across the country will be laid off. That gives the president some leverage: Take my money, take my reforms. Maybe a deal could not be done. We won't know. We do know, though, that the teachers unions have an understandable aversion to some reforms. We also know that the unions supported Obama in his campaign. 

But that's not enough. Apparently, the administration apparently is supposed to reform all the sectors of the economy that it is going to fund prior to stimulating the economy. The passage ends with a nice innuendo that the real reason there is no reform tied to these dollars is the support of unions–rather than say the desire to get spending in the economy as quickly as possible (an aim that might be criticized on its own grounds).

 How about extending the school day, maybe for an hour or so? How about extending the school year? How about tinkering with the No Child Left Behind law but insisting that testing — accountability — be maintained? How about doing something about the sad fact that teachers aren't what they used to be? Now that women and minorities have more opportunities in almost every field, the best of them have abandoned teaching. The pay is lousy, and the work can be hard. Can $100 billion do something about that? Could be.

Yes, how about "tinkering" with No Child Left Behind–that's certainly some serious policy suggestions from Cohen–hopefully the administration will jump right on that. This wouldn't seem to be fallacious, but there is something repugnant in Cohen's vague and unsupported analysis here. His criticism seems to be just that we could have some change to education along with stimulus dollars. That's about as substantive as his comments get. 

And I may be wrong about this, but my recollection is that much of this is provided as money to the state, one of which at least is planning on doing some of these things.

An opportunity has been missed. I can appreciate the need to move things quickly and to avoid unnecessary political fights — teachers unions know how to fight — but the explosive energy of "change" is being lost. Hit rewind. It's not too late to get it back.

 

Argument Analysis, General discussion

I’m probably missing something here

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Amity Shlaes seems to be the anti-Roosevelt scholar du jour.Today she explains why Roosevelt's economic policy should not be the model for Obama's recovery efforts.

Beginning with an anecdote about the continued economic woes in 1937, she raises the question of the effectiveness of Roosevelt's policies, given that there were still economic problems 4 years after his policies began. But she gives us two reasons for the concern with Roosevelt's economics.

But Roosevelt the economist is unworthy of emulation. His first goal was to reduce unemployment. Of his own great stimulus package, the National Industrial Recovery Act, he said: "The law I have just signed was passed to put people back to work." Here, FDR failed abysmally. In the 1920s, unemployment had averaged below 5 percent. Blundering when they knew better, Herbert Hoover, his Treasury, the Federal Reserve and Congress drove that rate up to 25 percent. Roosevelt pulled unemployment down, but nowhere near enough to claim sustained recovery. From 1933 to 1940, FDR's first two terms, it averaged in the high teens. Even if you add in all the work relief jobs, as some economists do, Roosevelt-era unemployment averages well above 10 percent. That's a level Obama has referred to once or twice — as a nightmare. 

Maybe I'm missing something really important here, but isn't a 30% drop in the unemployment rate a success? Never mind a 120% drop, if you count in work relief? What am I missing here? Is it unreasonable to expect that a stimulus bill of the same magnitude (proportional to GDP) would effect a proportional decrease in unemployment? The numbers that I think I saw the last couple of weeks from the CBO suggested as much. So what is the argument here? That, stimulus spending can make improve things, but perhaps not fix everything? Is that a reason to not emulate Roosevelt? Starting from 25% unemployment and getting it down to 10% cannot be compared to Obama worrying about 10% and presumably spending to decrease it to 6-7%.

This seems to be a version of the argument, if policy x aims to address problem y, and policy x does not fix problem y, then policy x should not be undertaken. This may be a good argument in some cases (where we have a choice between two policies and one will solve y and one won't), or, if it were combined with evidence that some other policy z would better affect problem y. But as it stands it seems a bit bizarre.

But that's not all:

The second goal of the New Deal was to stimulate the private sector. Instead, it supplanted it. To justify their own work, New Dealers attacked not merely those guilty of white-collar crimes but the entire business community — the "princes of property," FDR called them. Washington's policy evolved into a lethal combo of spending and retribution. Never did either U.S. investors or foreigners get a sense that the United States was now open for business. As a result, the Depression lasted half a decade longer than it had to, from 1929 to 1940 rather than, say, 1929 to 1936. The Dow Jones industrial average didn't return to its summer 1929 high until 1954. The monetary shock of the first years of the Depression was immense, but it was this duration that made the Depression Great. 

It's hard to judge this assertion. It isn't really an argument. Rather than justify the claim that the New Deal crowded out the private sector, she suggests that the New Deal was motivated by hostility to the private sector ("went after. . . the entire business community"). Next she asserts that because of this hostility to business, investors did not invest in the US, and so the Depression lasted longer than it would have on some other Deal.

She finds several cautionary tales in the Roosevelt record (short term vs. long term job growth, and possible problems with public investment in utilities), but ultimately the history seems to be less than is needed to support her assertion.

What about spending? The Depression tells us that public works are probably less effective than improving the environment for entrepreneurs and new companies. The president has already put forward a big tax cut for lower earners. He might offer a commensurate one for higher earners. He might expand the tax advantages he is currently offering to companies — wider expensing of losses, for example — and make them permanent. A discussion that permits the word "trillion" might also include the possibility of bringing down U.S. corporate taxes, taxes on interest, dividend and capital gains — again, permanently. The cash that a relatively competitive United States draws from abroad will move the country forward faster than any stimulus.

Economic arguments like this seem to require more than just history to justify the conclusion. It's not clear to me how the depression could tell us what she thinks it tells us, at most we would need to compare it to some other Great Depression in which tax cuts were tried and in which the economy recovered more effectively. It seems to me that the arguments about how to understand the Great Depression ultimately rely on economic theory or hypothesis, more than historical anecdote.

 I'm not sure that I would call this fallacious (though there is a specter of several fallacies haunting the piece). but it seems to me that the history she draws our attention to, at best would illustrate a theoretical view (spending is less effective than tax cuts at stimulus) that she holds on the basis of some other evidence which she has chosen not to make explicit. She suggests however that the historical record provides good reason to hold that theoretical view.

General discussion, Plain Bad Arguments, Richard Cohen

Cordon Bleu

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There is an argument about torture floating around the punditsphere, Richard Cohen's variation goes something like this: After 9/11, an event unlike any other in the history of any civilized nation (not true), Americans strongly supported President Bush in his aggressive pursuit of the terrorist evildoers.  Some leading American legal minds, such as Jonathan Alter and Alan Dershowitz (I'm not making this up) openly mused about using torture of one form or another on certain terrorist suspects.  In addition, it is logically possible that someone tell the truth while under torture–a fact no one can deny (or has denied, by the way, because it's not the point).  On top of this, the people in their love of the TV show "24" and their high approval rating of Bush wanted torture, so it would therefore be wrong to prosecute or punish the people who waterboarded or otherwise tortured terrorist suspects or just suspects. 

I don't think I'm being uncharitable.  Here's his conclusion:

That, though, was the other country called the Past. In the country called the Present, certain people are demanding that the torturers and their enablers be dragged across the time border and brought to justice. There are many practical difficulties involved, but the impetus is understandable: A nation that once posed to the world as lawful and civil turned out to be brutish and indifferent to international law. We tortured. So says the incoming attorney general, Eric Holder. We tortured. So says the person in charge of deciding such matters at Guantanamo. That question has been answered. Now comes another: What are we going to do about it?

President Obama's inclination, it seems, is to not do anything much. "I don't believe anybody is above the law," he recently said. "On the other hand, I also have a belief that we need to look forward as opposed to looking backwards."

This is a nifty formulation that ignores reality; to look forward, you need to know where you've been. In other words, if we do not find out precisely how our government came to waterboard at least three suspects and abuse others, we will not know how to ensure that the future doesn't wind up looking much like the past.

At the same time, we have to be respectful of those who were in that Sept. 11 frame of mind, who thought they were saving lives — and maybe were — and who, in any case, were doing what the nation and its leaders wanted. It is imperative that our intelligence agents not have to fear that a sincere effort will result in their being hauled before some congressional committee or a grand jury. We want the finest people in these jobs — not time-stampers who take no chances.

The best suggestion for how to proceed comes from David Cole of Georgetown Law School. Writing in the Jan. 15 New York Review of Books, he proposed that either the president or Congress appoint a blue-ribbon commission, arm it with subpoena power, and turn it loose to find out what went wrong, what (if anything) went right and to report not only to Congress but to us. We were the ones, remember, who just wanted to be kept safe. So, it is important, as well as fair, not to punish those who did what we wanted done — back when we lived, scared to death, in a place called the Past.

I think this argument blows for at least three reasons.  First, not everyone wanted these things to be done.  Second, the feeling of support (however great) for patently illegal, immoral, and impractical activities such as torture does not make them any less illegal, immoral, or impractical.  Third, whether or not the will of the people had clearly expressed the specialness of the circumstances in their choice of TV show or Alan Dershowitz (how do you measure that anyway?), there still remain the more fundamental expressions of the will of the people–the constitution, our history of prosecuting people for waterboarding, the treaties and conventions practiced by our team–not to mention the more recent (and contradictory) expressions of our government's view on torture–such as, the arguments used against Saddam Hussein at his trial and before the execution of the war in Iraq, the arguments against the Taliban, and so forth–that stand as evidence that we do not and did not consider torture a legitimate legal practice.  Finally, a fourth reason, people in positions of authority ought to know better than to erect legal sophistries to justify practices which are obviously illegal, immoral and impractical.  They are elected and sworn to uphold the constitution for this purpose.

Accident, Argument Analysis, Fallacies and Other Problems, General discussion, Informal Fallacies, Jonah Goldberg, Paul Krugman

I’m not an economist

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Since I'm not an economist, I can't easily judge the content of the Krugman's arguments against anti-stimulus arguments. But what makes Krugman stand head and shoulders above the rest of his fellow pundits, is that he makes arguments.

Next, write off anyone who asserts that it’s always better to cut taxes than to increase government spending because taxpayers, not bureaucrats, are the best judges of how to spend their money.

Here’s how to think about this argument: it implies that we should shut down the air traffic control system. After all, that system is paid for with fees on air tickets — and surely it would be better to let the flying public keep its money rather than hand it over to government bureaucrats. If that would mean lots of midair collisions, hey, stuff happens.

The point is that nobody really believes that a dollar of tax cuts is always better than a dollar of public spending. Meanwhile, it’s clear that when it comes to economic stimulus, public spending provides much more bang for the buck than tax cuts — and therefore costs less per job created (see the previous fraudulent argument) — because a large fraction of any tax cut will simply be saved.

This suggests that public spending rather than tax cuts should be the core of any stimulus plan. But rather than accept that implication, conservatives take refuge in a nonsensical argument against public spending in general.

Now to be fair, we can criticize the argument in a couple of ways–first, air traffic control involves a task of coordination and it isn't clear that priming the economic pump does in the same way. It isn't just that centralized air traffic control is more efficient than a "free market" equivalent. So we might ask whether the analogy holds.

Second, we might ask whether the claim that "taxpayer are the best judges of how to spend their money" (see last paragraph here) implies that all public spending should be replaced with private spending. A more moderate position might be to argue that when it comes to something like economic stimulus this principle holds true. However, Krugman is arguing against some of the simplistic and fallacious dismissals of stimulus spending, and so aims to free the discussion for substantive arguments from economists and policy makers rather than from the ideological hacks.

By the way, what is the fallacy in the argument he is attacking? Is it a fallacy? Accident, perhaps? Seems to involve the universalization of a principle that probably holds true in many cases (better to let me choose whether to spend my money on a Squeezebox Duet rather than a Sonos System, than have the government choose for me. Maybe something like "When there's no compelling public need, it is preferable to allow citizens to choose how to spend their money than have government choose." What counts as a compelling need is a political question–in the case of the stimulus plan Krugman makes the case that the public need is stimulating the economy and government spending is just much more effective than private spending in doing that.

The "fallacy" seems to work by arguing:

1. We accept principle x.

2. Principle x entails we should not do y.

3. Therefore we should not do y.

However, principle x is either a) not accepted as stated or b) when qualified does not apply to case y.

1. It is wrong to kill.

2. If it is wrong to kill then we should not use lethal force to defend ourselves.

3. Therefore we should not use lethal force to defend ourselves.

 But, either a) it is not wrong (always to kill) or b) it is only wrong to kill without justification.

The fallacy seems to arise when the principle is taken to be persuasive because on the surface it seems true.

General discussion, Michael Gerson, Straw Man, Things that are false

Childish Things

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Michael Gerson, George W. Bush's former speechwriter, reflects on the meaning of the inauguration.  First, he sees a double standard in comparing the hypothetical (liberal!!) media coverage of John McCain and George W.Bush versus the actual media coverage of Barack Obama.

This inaugural week included a massive achievement in American racial history, an outpouring of civic participation and a gracious executive transition on both sides. But amid the celebration one could detect double standards all around.

If the outcome had been different in November, would John McCain's inaugural coverage have been quite as worshipful as President Obama's — during which the "shiver" up the leg of journalists finally became full-fledged convulsions? Why were the biblical references in Obama's inaugural speech not considered a coded assault on the Constitution, as George W. Bush's were sometimes viewed? And I can only imagine the cascades of hilarity and derision that would have come had Bush messed up the inaugural oath, no matter the cause.

But a sense of victimhood is not attractive from any political perspective. And so, in honor of the "era of responsibility," I put aside such childish things.

The comparison is absolute crap, to put it mildly.  Gerson ought to go back to the coverage of most of Bush's tenure in office for a nauseatingly sycophantic and incurious media, eager to repeat the lamest of his lines, to faun over his heroic landing on an aircraft carrier, his plain-spoken, I-want-to-have-a-beer-with-him (but not that effete, fat, ambitious exaggerator Al Gore) qualities. 

It would have been far less childish of Gerson had he simply not mentioned this things at all.

Now on to Gerson's other childishness.

Any American with a sense of history should feel that sense of awe. Minorities of every background must feel it most deeply. As the father of multiracial children, I feel it deeply enough.

But there was a second, less sympathetic, Obama enthusiasm at work. In a Newsweek essay, Michael Hirsh mentioned Obama's racial achievement. But he went on to say that "there's something else that I'm even happier about — positively giddy. . . . What Obama's election means, above all, is that brains are back." Hirsh declared that the Obama era means the defeat of "yahooism" and "jingoism" and "flag-pin shallowness" and "religious zealotry" and "anti-intellectualism." Obama is a "guy who keeps religion in its proper place — in the pew."

I only wish what Hirsch said were true!  The "flag-pin shallowness" and the other things, however, are in part at least media-driven narratives that won't go away anytime soon.  But aside from that Gerson cannot possibly be serious, the candidate for Vice President on the Republican side openly questioned whether Obama, with his effete university pedigree and tenuous association with a former domestic terrorist (and radical African American preacher), loved America, or was from "real America."  Notice that this wasn't the fringe crazies on Fox News, or Rush Limbaugh, it was the candidate whom Obama defeated in the Presidential election. 

Anyway, Gerson will have forgotten this, because he'll seize upon the remark about religion and accuse Hirsch of arrogance.   

There is much to unpack here. Can it be that Hirsh is "even happier" about the advance of liberal arrogance than he is about the advance of racial justice? And would the civil rights movement have come at all if African American religion had stayed "in the pew"? But suffice it to say that some wish to interpret the Obama victory as a big push in the culture war — as an opportunity to attack their intellectual and cultural "inferiors."

Cheering that the era of Joe the Plumber, John McCain's ignorant and confused campaign prop does not make one guilty of "liberal arrogance."  Nor does cheering the arrival of a President with the pedigree of an intellectual.  Most of all, however, rejoicing at the political marginalization of the narrow-minded Christian zealots does not have anything to do with the civil rights movement.  To be against, in other words, one particularly virulent and ignorant brand of Christian fundamentalism having a role in shaping government policy does not mean one is against religion having any role at all in the private and public lives of citizens.  Those are really different claims–and "in the pew" is obviously a metaphor only the lack of charity or ignorant yahooism would interpret literally (and then radically misapply).  

This line, given the either-orness of the last administration is the kicker:

Most of us have witnessed this attitude, usually in college. The kids who employed contempt instead of argument, who shouted down speakers they didn't agree with, who thought anyone who contradicted them had a lower IQ, who talked of "reason" while exhibiting little of it. They were often not the brightest of bulbs. Most people recover from this childish affliction. Some do not.

You have got to be kidding me.  The People who employ contempt instead of argument and shout down people they don't agree with–or openly question their sanity, patriotism, honesty, sexuality, faith, and so forth–are not obviously the same people who praise the arrival of an intellectual President, who only nights before his inauguration sits down for a discussion with the opposition's leading "intellectuals."

General discussion

How slippery is that slope?

7 Comments

Doesn't look like it will be all that slippery.

Polygamy, on the other hand, has a completely different dynamic, she said. "First of all, it's not a one-on-one partnership. Secondly, the dynamics of polygamous relationships in Bountiful certainly involved serious harms around the age of the women getting married, whether or not they are truly consenting to the marriage, the extent to which parental involvement is a coercive part of those marriages, and the patriarchy of how those marriages operate."

And even if a lawyer could prove that a ban on polygamous marriage is a violation of the Charter, the government is entitled to defend the ban on the basis of greater societal good, Prof. Gilbert said.

Don Hutchinson, the legal counsel for the Evangelical Fellowship of Canada, said there have been several court decisions around same-sex marriage that could be used to defend polygamy. But he is counting on Parliament's current definition of marriage, which prevents multiple spouses, to douse the polygamy debate, he said.

"I am hopeful that where the courts will land is where they landed in the same-sex reference case in 2004," said Mr. Hutchinson, "that they will say, 'You know what, marriage [is] defined by Parliament and we're going to stick with that.' "

Salt Lake City lawyer Rodney Parker, who has represented members of the polygamous religious community in the United States, said yesterday the legalization of gay marriage in Canada will allow the court to focus directly on the defendants' constitutional rights in a way that U.S. courts could not.

With the Supreme Court of Canada decision legalizing gay marriage, Canada is "further down the path" than the U.S. on marriage issues, he said.

"It is a defence we've argued for in the states," Mr. Parker said in a phone interview from his office. The arguments, however, were ineffective because U.S. prosecutors went after sexual crimes, not polygamy. "The cases we had down here so far involved minors. Oler's case does not involve a minor."

Three possibilities are mentioned for distinguishing the polygamous and same-sex marriages.

1. Marriage is reasonably defined as a pairing.

2. The polygamous relationships involve "serious harms" and can be prevented on that basis.

3. Parliament can make a "social good" argument in the case of polygamy.

The last seems interesting in connection with Jerry Brown's Prop 8 brief, in which he argues that the legal question the S.C. must face is whether there is a compelling reason to abrogate the fundamental right to freedom that includes marriage. I.e. one might grant (if one were arguing in California) that polygamy falls under the protection of the right to freedom, and still make it illegal if you have a compelling reason for doing so.