Iroquois Twists

Sorry for the absence–I was on vacation.  To start off another season of The Non Sequitur, here's our favorite pseudo-intellectual, George Will on the constitutionality of health care legislation.  I wonder if we have a case of the slippery slope here:

Although Democrats think their health-care legislation faces smooth sailing to implementation, there is a rock dead ahead — a constitutional challenge to the legislation's core. Democrats who assume it is constitutional to make it mandatory for Americans to purchase health insurance should answer some questions:

Would it be constitutional for the government to legislate compulsory calisthenics for all Americans? If not, why not? If it would be, in what sense does the nation still have constitutional, meaning limited, government?

Supporters of the mandate say Congress can impose the legislation under the enumerated power to regulate interstate commerce. Since the New Deal, courts have made this power capacious enough to include regulating intrastate activity that "substantially affects" interstate commerce. Hence Congress could constitutionally ban racial discrimination in "public accommodations" — restaurants, motels, etc. — as an impediment to interstate commercial activity.

Opponents of the mandate say: Unless the commerce clause is infinitely elastic — in which case, Congress can do anything — it does not authorize Congress to forbid the inactivity of not making a commercial transaction, of not purchasing a product (health insurance) from a private provider.

One reason we might call this a slippery slope is that Will's objection hinges on permissiveness: if we allow activity x, then we will eventually have to allow absurd activity y, as they are fundamentally or in principle no different.  Permitting the one–the (sometimes subsidized) purchase of health insurance) will logically compel us to permit the other (the mandatory practice of morning jumping jacks).  The argument, then, isn't against the current proposal, it's against exercise, which will follow logically from the current proposal.  

Well that's just dumb.  There are lots of arguments against the current lame proposal in Congress.  This is not one of them. 

Straw Obama

Here is an entertaining item from a Washington Post Editorial:

THERE IS, it seems evident, more than enough blame to go around in the botched handling of the botched Christmas bombing. Not for some Republicans. With former vice president Richard B. Cheney in the lead, they have embarked on an ugly course to use the incident to inflict maximum political damage on President Obama. That's bad enough, but their scurrilous line of attack is even worse. The claim that the incident shows the president's fecklessness in the war on terror is unfounded — no matter how often it is repeated.

These critics have set up a straw Obama, a weak and naive leader who allegedly takes terrorism lightly, thinks that playing nicely with terrorists will make them stop, and fails to understand the threat that the United States faces from violent extremists. Mr. Cheney said that the incident had made "clear once again that President Obama is trying to pretend we are not at war." Likewise, Republican Study Committee Chairman Tom Price (R-Ga.) called on Mr. Obama to "recognize that we are at war with a murderous enemy who will not relent because we heed political correctness, acquiesce to international calls for deference or close the detention facility at Guantanamo Bay." Rep. Peter Hoekstra (R-Mich.), the ranking Republican on the House Intelligence Committee, said that Homeland Security Secretary Janet Napolitano "and the rest of the Obama administration view their role as law enforcement, first responders dealing with the aftermath of an attack. And we believe in a forward-looking approach to stopping these attacks before they happen."

That's an improvement in our public discourse.  They go on to argue, however, that Obama does view the war on terror mainly, though more pragmatically, through the lens of war and violence:

Words first. "Evil does exist in the world," Mr. Obama said in accepting the Nobel Peace Prize. "Negotiations cannot convince al-Qaeda's leaders to lay down their arms." In his weekly radio speech Saturday, he disposed of the war-vs.-law-enforcement canard, pointing out that in his inaugural address he made it clear that "0ur nation is at war against a far-reaching network of violence and hatred and that we will do whatever it takes to defeat them and defend our country, even as we uphold the values that have always distinguished America among nations." "

Damning with faint praise.  It's gets more silly, because the Post now praises itself for its tough approach to the Obama administration in the wake of the knickerbomber:

It is possible to disagree with the administration's decision to bring criminal charges against the suspect in the failed airplane bombing, Umar Farouk Abdulmutallab, although we think that was the proper course. It is possible to fault, as we have, some of the administration's public statements in the immediate aftermath of the attack. And as the president has acknowledged, the incident revealed failures in intelligence and in security screening that must be urgently identified and corrected. The country would benefit from a serious and bipartisan effort in Congress to ensure that the lessons of the Christmas attack are learned. A groundless campaign to portray Mr. Obama as soft on terror can only detract from that effort.

Wondering what statements those are?  Follow that link and you get this:

Finally, it is hardly reassuring to argue, as Homeland Security Secretary Janet Napolitano did on ABC's "This Week," that "once the incident occurred, the system worked." The attack was averted because of the luck of a faulty detonator and the quick response of alert passengers. White House press secretary Robert Gibbs said the president has ordered a review into "did the government do everything that it could have with the information that they had?" The answer to that question seems obvious.

Try to appreciate the sheer inanity of that observation–reaffirmed again a week later: Napolitano argued that <BOLD>ONCE</BOLD> the attack happened, the "system worked."  She did not argue (that's not an argument anyway, that's a statement), that the system for preventing attacks of that nature worked.  The Post, unlike Krauthammer the other day, actually quoted Napolitano correctly.  I don't know what their excuse could be.

The System Worked

Charles Krauthammer, the most dishonest pundit at the Post next to the rest of them, today goes on a rant about Obama's failure to talk tough in the war on terrorism–which, if we know anything from the Bush administration, didn't do much of anything.  Suicidal terrorists, one can imagine, love that kind of stuff.  Anyway, to start of the New Year, and perhaps to demonstrate why Krauthammer–like George Will–is too dishonest for honest criticism, let's take a quick look at today's column.

He writes:

Janet Napolitano — former Arizona governor, now overmatched secretary of homeland security — will forever be remembered for having said of the attempt to bring down an airliner over Detroit: "The system worked." The attacker's concerned father had warned U.S. authorities about his son's jihadist tendencies. The would-be bomber paid cash and checked no luggage on a transoceanic flight. He was nonetheless allowed to fly, and would have killed 288 people in the air alone, save for a faulty detonator and quick actions by a few passengers.

That's a shame she'll be remembered that way, because that's not what she said.  Here is what she actually said:

Once this incident occurred, everything went according to clockwork, not only sharing throughout the air industry, but also sharing with state and local law enforcement. Products were going out on Christmas Day, they went out yesterday, and also to the [airline] industry to make sure that the traveling public remains safe. I would leave you with that message. The traveling public is safe. We have instituted some additional screening and security measures, in light of this incident, but, again, everyone reacted as they should. The system, once the incident occurred, the system worked.

It doesn't take a genius to see that those are completely different things.  Krauthammer has completely distorted her meaning–she wasn't talking about the events antecedent to the attack.  But Krauthammer isn't done.  He continues:

Heck of a job, Brownie.

The reason the country is uneasy about the Obama administration's response to this attack is a distinct sense of not just incompetence but incomprehension. From the very beginning, President Obama has relentlessly tried to play down and deny the nature of the terrorist threat we continue to face. Napolitano renames terrorism "man-caused disasters." Obama goes abroad and pledges to cleanse America of its post-9/11 counterterrorist sins. Hence, Guantanamo will close, CIA interrogators will face a special prosecutor, and Khalid Sheik Mohammed will bask in a civilian trial in New York — a trifecta of political correctness and image management.

This time at least he provided a link.  Which if you click, you'll find the following single mention that phrase:

The overriding and urgent mission of the United States Department of Homeland Security is contained in the name of the agency itself. To secure the homeland means to protect our nation's borders by finding and killing the roots of terrorism and to stop those who intend to hurt us; to wisely enforce the rule of law at our borders; to protect our national cyber infrastructure; and to prepare for and respond to natural and man-caused disasters with speed, skill, compassion, and effectiveness.

Here again Krauthammer's rendering of her words is not even close.  She doesn't come close to renaming terrorism anything–she uses the phrase "man-caused disasters" to highlight the fact that homeland security will be involved in the emergency services response to a terrorist act (in addition to prevention–which is also its job as the quotation makes clear—using even the word "terrorism"). 

I think you get the idea, but here's one more context distortion.  This time it's Obama:

And produces linguistic — and logical — oddities that littered Obama's public pronouncements following the Christmas Day attack. In his first statement, Obama referred to Umar Farouk Abdulmutallab as "an isolated extremist." This is the same president who, after the Fort Hood, Tex., shooting, warned us "against jumping to conclusions" — code for daring to associate the mass murder there with Nidal Hasan's Islamist ideology. Yet, with Abdulmutallab, Obama jumped immediately to the conclusion, against all existing evidence, that the would-be bomber acted alone.

Of course Obama didn't say that.  This is what he said:

Finally, the American people should remain vigilant, but also be confident. Those plotting against us seek not only to undermine our security, but also the open society and the values that we cherish as Americans. This incident, like several that have preceded it, demonstrates that an alert and courageous citizenry are far more resilient than an isolated extremist.  

He's clearly referring to his singularity on the plane and to the actions of the people who stopped him.  He wasn't of course making a judgement about whether there was a conspiracy. 

It's a new year, I know, but I am seriously thinking of putting Krauthammer and Will in the column of people whose work is so bad and so dishonest it doesn't merit criticism.  Who does that leave? 

You would be a hypocrite

Arguments against gay marriage tend to fall into one of two groups: (1) the slippery slope group, which alleges that if gay marriage is permitted, all sorts of outrageous consequences will follow (such as the very Biblical polygamy or man-beast marriage); (2) question-begging Buckleyesque appeals to the natural order: gay marriage is contra naturam.  We saw one of those yesterday.  Somehow according to His Eminence Cardinal Rigali, opposite marriage is implied by the some kind of logical law.  Such is the power and strength of this logical law, that it has inspired calls to civil disobedience if such obvious contradictions are allowed to exist. 

Anyway, it's fun sometimes to look at things going the other way.  Perhaps some have heard that Karl Rove, champion of traditional marriage, has just been granted his second divorce (compare that to that other serial defender of traditional marriage, Newt Gingrich).  Rove's misfortune (such as it is–he may feel differently) prompted prominent blogger Glenn Greenwald to observe:

Karl Rove is an outspoken opponent of same-sex marriage, citing "5,000 years of understanding the institution of marriage" as his justification.  He also famously engineered multiple referenda to incorporate a ban on same-sex marriage into various states' constitutions in 2004 in order to ensure that so-called ""Christian conservatives" and "value voters" who believe in "traditional marriage laws" would turn out and help re-elect George W. Bush.  Yet, like so many of his like-minded pious comrades, Rove seems far better at preaching the virtues of "traditional marriage" to others and exploiting them for political gain than he does adhering to those principles in his own life.

So I wonder whether we have a case of the tu quoque here (and in other analogous places).  Rove has argued (however badly) for the legal exclusivity of "traditional" marriage yet at the same time, he has now been divorced twice.  Whether we have a case of the tu quoque–the ad hominem tu quoque that is–depends on Greenwald's conclusion.  It's obvious, of course, that Rove is a hypocrite.  He doesn't adhere to the principles of traditional marriage in the most traditional sense of it.  So here's what Greenwald is arguing:  

I've long thought that the solution to the cheap, cost-free moralizing that leads very upstanding people like Karl Rove to want to ban same-sex marriages (which they don't want to enter into themselves, and thus cost them nothing) is to have those same "principles" apply consistently to all marriage laws.  If Karl Rove, Newt Gingrich, Rush Limbaugh and their friends and followers actually were required by law to stay married to their wives — the way that "traditional marriage" was generally supposed to work — the movement to have our secular laws conform to "traditional marriage" principles would almost certainly die a quick, quiet and well-deserved death. 

So it's not that Rove is a hypocrite now that bothers Greenwald, it's that he would be a hypocrite if he (and Gingrich and Vitter and the rest of the them) were actually forced to chose the old school style of traditional marriage.  I think this might be an instance of the non fallacious subjunctive tu quoque: were situations different, and you were the object of this law, you would not support it.

Grounded in logic

The other week the New York Times ran a fawningly long profile of a "big thinking" ultra-conservative Catholic intellectual.  It stressed his powerful Oxford credentials, his Big University Post (at a non-Catholic institution–take that elite liberal institutions!), his influence over Catholic leadership, his ties to Bush, Glenn Beck's admiriation of him, and, most importantly for our purposes, his frequent use of the word "reason" in place of an actual argument.  So powerful his intellect, you see, that Cardinal Rigali of Philadelphia, aped his words in a recent speech. 

Even marriage between a man and a woman, Rigali continued, was grounded not just in religion and tradition but in logic. “The true great goods of marriage — the unitive and the procreative goods — are inextricably bound together such that the complementarity of husband and wife is of the very essence of marital communion,” the cardinal continued, ascending into philosophical abstractions surely lost on most in the room. “Sexual relations outside the marital bond are contrary not only to the will of God but to the good of man. Indeed, they are contrary to the will of God precisely because they are against the good of man.

Now I may not be a logician of this fellow's calibre, but I'm trying to think of which principle of logic grounds the union of a man and a woman in life-long monogamous non-divorcing holy Catholic and procreative matrimony.  I'm going to guess that it must be one of those Latin principles, an abstraction, in other words, few could understand.  Maybe it's ex falso quodlibet sequitur

I think, however, it's more likely the principle of petitio principii–begging the question. 

*edited for sense later in the day.

Disappearing comments

Here's a "deep thought" from the eschatonblog:

People who disagree with me are ill-informed and have their views clouded by an unrealistic ideological agenda, while I am a clear-minded pragmatist.

Anyone guess who he is talking about?

In all seriousness, however, because of some inefficiency in the comment spam system, many more legitimate comments are being swept into the spam folder.  When I rescue them, they get deleted anyway.  I am working to fix it.  Keep commenting everyone. 

Biocentric anti-vegan arguments in the NYT

There has been a lot of coverage of veganism in the major media recently–Jonathen Safran Foer–bears much of the credit for this: And so, it was probably just a matter of time before we saw desperate and silly self-justification start to be printed. I was unprepared for seeing one of the silliest arguments that I have seen in the New York Times op-ed pages.

But before we cede the entire moral penthouse to “committed vegetarians” and “strong ethical vegans,” we might consider that plants no more aspire to being stir-fried in a wok than a hog aspires to being peppercorn-studded in my Christmas clay pot. This is not meant as a trite argument or a chuckled aside. Plants are lively and seek to keep it that way.

The more that scientists learn about the complexity of plants — their keen sensitivity to the environment, the speed with which they react to changes in the environment, and the extraordinary number of tricks that plants will rally to fight off attackers and solicit help from afar — the more impressed researchers become, and the less easily we can dismiss plants as so much fiberfill backdrop, passive sunlight collectors on which deer, antelope and vegans can conveniently graze. It’s time for a green revolution, a reseeding of our stubborn animal minds.

I take it that her point is that there is a moral fault in eating plants. This is because plants are sophisticated and have responses to the world around them. Of course, these are not the reasons that anyone thinks that animals are morally significant and our use of them for food is a moral fault in the circumstances in which most people (in the West at least) consume animals.

Perhaps, I wouldn't have a problem with a form of this argument–there are many interesting biocentric ethical positions, which hold that non-sentient living things have interests in a morally significant sense. But, when this argument is deployed to create a moral equivalence between harvesting grain and the slaughter of sentient animals for non-necessary purposes, we end up with this twaddle bent, it seems, on scoring cheaply a clearer moral conscience.

Mysterious ways

As I head off to vacation, let us marvel at Newt Ginrich marvelling at God's mysterious ways (courtesy of Media Matters):

newtgingrich As callista and i watched what dc weather says will be 12 to 22 inches of snow i wondered if God was sending a message about copenhagen

newtgingrich After the expanding revelations of dishonesty in climategate having a massive snow storm as obama promises our money to the world is ironic

newtgingrich There is something jimmy carter like about weather service upgrading frrom winter storm to blizzard as global warming conference wants US $ 

But he was not alone.  There was disagreement about the meaning of the snow storm.  Here is Erick Erickson at the not-worth-evaluating Red State blog:

Over at Talking Points Memo, Brian Beutler chronicles the follies of the Democrats and health care.

Joe Lieberman has gone back to Connecticut in advance of the blizzard. This leaves the Democrats needing Republican votes to get back to health care.

At the end of the article, Brian writes, “[D]on’t be surprised to hear a new Republican talking point: Even Mother Nature hates health care reform.”

I hate to correct him, but actually the talking point is that God hates the Democrats’ health care deform. With funding death panels and abortions, of course the Almighty would send a snow storm or, in Brian’s words, a snowpocalypse to shut down Washington.

Oh, and kudos to Tony Perkins and the Family Research Council for organizing the “pray-in.” Looks to be working.

I am tempted to think the second of these is a joke, but the "death panels" remark seems to be serious. 

What’s best for America’s security

I thnk I've said that I hate to repeat myself, but I'll say it again: when it comes to two-trillion dollar wars of choice, for Robert Samuelson, no amount of spending is too much:

Yes, that column made big mistakes. The war has cost far more than I (or almost anyone) anticipated. Still, I defend the column's central thesis, which remains relevant today: Budget costs should not shape our Iraq policy. Frankly, I don't know what we should do now. But in considering the various proposals — President Bush's "surge," fewer troops or redeployment of those already there — the costs should be a footnote. We ought to focus mostly on what's best for America's security.

When it comes to health care reform, for Robert Samuelson, no amount of spending is too little:

The remaining uninsured may also exceed estimates. Under the Senate bill, they would total 24 million in 2019, reckons Richard Foster, chief actuary of the Centers for Medicare & Medicaid Services. But a wild card is immigration. From 1999 to 2008, about 60 percent of the increase in the uninsured occurred among Hispanics. That was related to immigrants and their children (many American-born). Most illegal immigrants aren't covered by Obama's proposal. If we don't curb immigration of the poor and unskilled — people who can't afford insurance — Obama's program will be less effective and more expensive than estimated. Hardly anyone mentions immigrants' impact, because it seems insensitive.

Meanwhile, the health-care proposals would impose substantial costs. Remember: The country already faces huge increases in federal spending and taxes or deficits because an aging population will receive more Social Security and Medicare. Projections the Congressional Budget Office made in 2007 suggested that federal spending might rise almost 50 percent by 2030 as a share of the economy (gross domestic product). Since that estimate, the recession and massive deficits have further bloated the national debt.

Obama's plan might add almost an additional $1 trillion in spending over a decade — and more later. Even if this is fully covered, as Obama contends, by higher taxes and cuts in Medicare reimbursements, this revenue could have been used to cut the existing deficits. But the odds are that the new spending isn't fully covered, because Congress might reverse some Medicare reductions before they take effect. Projected savings seem "unrealistic," says Foster. Similarly, the legislation creates a voluntary long-term care insurance program that's supposedly paid by private premiums. Foster suspects it's "unsustainable," suggesting a need for big federal subsidies.

There is no question the current health care legislation falls far short of resolving the issue (no one can claim that it has).  It certainly falls far short of what I had hoped for.  But, gee, if we can afford to blow money on a war of choice, why not treat ourselves and our fellow citizens to a little doctor visit once and a while.

As for the point about America's security, this is one way to put it.

Stirs the discussion pot

Eugene Robinson's attempted takedown of Sarah Palin was so bad that Sarah Palin (or her assistant) was able to demolish it in a letter to the Post.   Was she right about climate change?  Probably not.  No matter.  The Post published her anyway.  Why?  Via the Howler, Editor and Publisher gives us a little insight:

NEW YORK It took editors at The Washington Post less than a day to greenlight Sarah Palin's climate change Op-Ed piece, according to Op-Ed Editor Autumn Brewington.

She said the newspaper received an e-mail from Palin Tuesday asking to write about the issue and it decided it should run Wednesday, before President Barack Obama was to head to the United Nations Climate Change Conference in Copenhagen.

"If we were going to use it, we had to use it immediately," Brewington said. "It was a quicker turnaround than is often the case. But we made the decision based on news."

The Palin piece questioned the ongoing climate change view of global warming, stating: "while we recognize the occurrence of these natural, cyclical environmental trends, we can't say with assurance that man's activities cause weather changes." It brought a string of criticism in other publications and Web sites, ranging from The Atlantic to Scienceblogs.com.

Brewington did not regret giving Palin space, noting, "She is someone who stirs discussion and we are in the business of putting out opinion. She reached out to us."

She said the e-mail actually arrived Monday night, but editors did not see it until Tuesday. Brewington said no other Op-Eds had to be bumped for the piece to appear Wednesday, adding that columnist Ruth Marcus is off this week, freeing up more space.

Palin's piece drew interest for its criticism of climate change proponents, citing a scandal in Britain in which some "climate experts" were accused of falsifying data.

Brewington said the piece drew more reaction than most Op-Eds, adding that it ranked among the 10 most-read articles on the Post Web site Wednesday. "We are getting a lot of feedback. I have heard from a few more people today than I normally would have," she said. "Some people I think were glad that Palin had a voice in the Post, some were critical of her writing about climate change."

Among the critics was a university professor who has offered to write a rebuttal column, Brewington said, declining to name the person. "It is always interesting to see who reaches out to us," she said.

So Palin, someone without any knowledge or expertise or even credible opinion on the subject of climate change has her opinion rushed into print in one day because she "stirs discussion" and generates hits on the web page.  Some university professor's rebuttal–one can only imagine how many offered–not so much.  This is our discourse. 

There is no question that Palin has an opinion (though I am never sure what it is).  The question is whether her opinion is one that belongs in this debate.  My opinion of the Detroit Lions does not belong in a debate about this year's playoffs–they're not going.  But by the Post's reasoning, publishing a piece about how they should be going or how they are going would "stir discussion."

Your argument is invalid