And Therein Lies the Problem

October 4th, 2014

For evidence that conservatives live in a fantasy land, look no further than the current conflict over teaching American history in suburban Denver.

Recently a Republican school board member in a suburban Denver county offered a proposal for a panel to review the teaching of American History, and called for instructional material that presented “positive aspects [of American history that] promote citizenship, patriotism … respect for authority and respect for individual rights. See, Denver Post, Jefferson School Board.  But the proposal also said that the materials should not “encourage or condone civil disorder, social strife or disregard of the law.” [http://www.denverpost.com/news/ci_26601519/jeffco-school-board-curriculum-committee-idea-latest-divisive ]

The Jefferson County School Board member who presented that proposal is named Julie Williams, and is a member of a prominent and politically active conservative Republican family. [http://www.denverpost.com/news/ci_26620327/jefferson-county-public-schools-faces-crisis-over-school]

Others have written a great deal about the dangers of white washing history, and that is certainly true. But the real problem here is the glaring internal contradiction in these particular conservative goals. Their two goals – (1) teach patriotism, which undoubtedly in their minds includes reverence for the founders, and (2) discourage teaching anything that would promote civil strife, social disorder or disregard for the law – are mutually contradictory. The reason is that this nation’s founders were revolutionaries. They emphatically disregarded the law, they actively sought social strive, and encouraged civil disorder. So a lesson in patriotism, a lesson about the founders, will be a lesson in civil, social, and political disobedience.

The inescapable conclusion is that Ms. Williams, and the conservative school board members and members of the public who support her, know absolutely nothing about American Revolutionary War history. I suspect that they know next to nothing about any other era in American history, but I don’t have the evidence to support that. But I do have ample evidence to support my claim that she, and many conservatives who think like her, know nothing of American colonial, revolutionary, and constitutional history. And yet they claim deep and abiding admiration for that history.

This is but one of the many contradictions inherent in the conservative belief system. There are many others. They claim reverence for the free market and equal abhorrence for the American media and culture, but the culture is the purest product of a free market. They revere capitalism and venerate traditional families, but it is capitalism that has destroyed the traditional family. The worship the modern economy and loath science, but the modern American economy is a product of science. The list goes on and on: that which they most revere has produces, time and time again, that which they most loath. No wonder they are angry and troubled. And therein lies the problem with American politics.

Stand Your Ground

August 15th, 2014

According to a newly released report by a commission of the American Bar Association, stand your ground laws hinder law enforcement, and states that have enacted stand your ground laws have seen an increase in homicide.

Here’s a link to the ABA Press Release: States with stand-your-ground laws have seen an increase in homicides, reports task force

Here’s a link to the full report: ABA Stand Your Ground Report

I will weigh in after I have had a chance to read the full report, and not just the press commentary on the report.

Well Played

June 29th, 2014

Thoughts on the Marriage Equality Rulings

I’ve been hearing interesting tidbits from the many Federal Court cases around the nation striking down various state restrictions on Gay Marriage. Recently a Federal Court in Wisconsin struck down that state’s ban on gay marriage, and in the opinion the judge addressed the argument that the state should have the right to support “traditional marriage.” Polygamy, the Judge noted, was once considered a traditional form of marriage. When the 10th Circuit Court of Appeals struck down Utah’s ban on gay marriage it spent some time discussing the burden on the children of gay parents who are unable to marry.

Federal courts across the country are consistently striking down bans on gay marriage, and the rulings have contained detailed Constitutional arguments. Issues of equal protection under the Fifth and Fourteenth Amendments have been analyzed historically, legally, theologically, and philosophically. But, as noted, a wide variety of other issues have been addressed. It seems like nearly every conceivable argument against allowing gays to marry has been analyzed and rejected.

It is as if the courts are making some sort of coordinated effort to address every possible legal, political, or practical argument against gay marriage. If one court misses an issue, or a new argument is raised in the media or the courts, another court adds it to its ruling. Are the courts working together, colluding somehow?

It may seem like it, but the reality is that it’s the litigants that are engaged in the broad and comprehensive strategy. Here’s a little secret that most people don’t know. Judges don’t always write the Court’s opinions. They often crib their rulings from the legal briefs of the winning party.

Here’s a little bit of information on how a case works. Before trial both sides write a joint trial brief setting out the facts that are agreed and the law that they agree apply in the case. In these gay marriage cases the controlling law is obviously the Fifth and Fourteenth Amendments, and whatever state law is at issue. Many of the basic facts in the case will also be agreed upon, such as the date the various restrictions were enacted. Both sides also submit trial briefs setting out their interpretation of how the law should apply in the case. The judge, or more commonly the judge’s law clerks, will typically do independent research to verify the law cited by the litigants, but it is not uncommon for the judge to adopt the legal reasoning and arguments of the winning side. The judge is obviously convinced by their argument, so rather than spending the time to write lengthy ruling, the court often cuts and pasts arguments from the winning party. So the arguments that the judge discusses in the ruling are very often the arguments raised by the litigants.

So the fact that courts have addressed a wide variety of different arguments is evidence of a well-developed and highly coordinated legal strategy by the groups supporting gay marriage, including the ACLU, and an organization called Freedom to Marry. These organizations are undoubtedly addressing every possible argument in their trial briefs, and setting out detail legal and historical analysis of every possible issue. If they miss an issue in one case, or if a judge gives short shrift to an issue in one case, or if a new argument gets raised in one case, the issue gets briefed in detail in every subsequent case.

So, by the time the issue of marriage equality reaches the Supreme Court there will be detailed analysis and rulings from a multitude of jurisdictions. The Supreme Court is certainly not bound by the rulings of lower courts, but the Court does have to give serious consideration to these rulings. And it will find in difficult to overturn well-reasoned rulings with detailed legal and historical analysis. Well played.

Here’s a link to a good list of marriage equality cases: http://www.freedomtomarry.org/litigation

Here’s are a couple of recent court rulings, and some of the particular topics addressed by the court.

On March 21, 2014 a U.S. District Court in Michigan struck down that states ban on gay marriage as a violation of the 14th Amendment. The court spent some time addressing a study cited by the opponents of gay marriage by an anti-gay researcher named Mark Regnerus. The judge said that the study was flawed and “not worthy of serious consideration.”

On May 19, 2014 the U.S. District Court in Oregon held that Oregon’s constitutional amendment and statutes banning the freedom to marry violated the Equal Protection Clause of the 14th Amendment to the Constitution. The Judge in the case, Michael McShane said that the case is not merely about civil rights and equality under the law, but about love, devotion and family.

Just a few days later a U.S. District Court in Pennsylvania struck down that state’s ban on gay marriage. The judge in that cases compared the fight over marriage equality to the fight over education equality (and equality in general) embodied in the Supreme Court’s Brown v. Board of Education decision.

Doom … Doom I Say

June 17th, 2014

I’ve been listening to conservatives cry doom – doom, we’re all doomed – like a deranged Ghost from the “Christmas Carol” for most of my adult life. Conservatives have been saying for as long as I can remember that our society, or culture, our economy, our nation, all are doomed.

Carter must be defeated, or all is doom. 1980 was the first year I was able to vote for President, so I remember that pretty well. And since the election of Reagan in 1980 conservatives have cried doom … doom … all is doom. If liberals and liberal policies are not stopped, the nation, the economy, society, all of it is doomed. If Clinton is elected, we’re doomed. If Obama is elected, we’re doomed.

In the 1980’s we were doomed to defeat by the Japanese. In the 90’s we were doomed by rising China, and now were doomed by a mature China and the other rising BRIC countries.

But what’s happened since 1980?

Think about the modern economy, and what technologies dominate the modern world: computers, smart phones, the internet. Guess what: all were created in the United States (and to some degree in other supposedly ossified, sissified, corrupt Western nations – important advances in smart phone technology came out of Canada and Norway.) The modern economy was made in the United States. Virtually every modern advance was created in a nation that conservatives said was rotten and decaying.

The cries of doom over the last 35 years are as constant as night following day. Every few years a new doomsayer comes along. In 2010 it was the Tea Party, and their most prominent standard bearer, Rand Paul. Now there’s a new voice in the Republican Party, David Brat, the “economic” professor who defeated Republican Majority Leader Eric Cantor in Virginia. The singer may be different, but they’re singing the same old song: if liberals aren’t stopped, we’re all doomed.

It’s comical because it’s not only consistently wrong, but monumentally wrong.

Criminalized Speech and the First Amendment

May 19th, 2014

A few weeks ago a Lexington doctor named Cameron Schaeffer had an Op/Ed in the Lexington Herald Leader suggesting that the recent hubbub over Donald Sterling’s racists comments indicated that this nation may, in the near future, criminalize free speech. It was a bunch of right wing nonsense that was completely devoid of historical fact. He seemed to suggest that, once upon a time, we have absolutely free speech in this nation, but somehow that has changed. Here’s a link to his essay: Is the Sterling Ordeal a Step Towards Criminalizing Speech. [Note the Lexington Herald Leader often removes links.]

The essay was absurd, and I felt like somebody had to point out his blatant historical errors. And that somebody was me. Here’s my response: US History Full of Censorship.

I am always shocked that people who are supposedly educated can be so uninformed.

Rand Paul and Groucho Marx

May 6th, 2014

Senator Rand Paul (R-KY) was recently selected as on of Time Magazine’s 100 most Influential People. There was a brief blurb written about him by fellow Kentucky Senator Mitch McConnell. Paul also came up on a page with various “tools” used by a few of the Time 100, which included Rand Paul’s scalpel. Before becoming a U.S. Senator, Paul was an ophthalmologist and frequently performed eye surgeries, including removing cataracts, and he noted the satisfaction in restoring a patient’s sight. But he also noted that being a doctor taught him the value of evaluating problems and symptoms objectively, and said that he tried to be as objective in his approach to politics. He even quoted Groucho Marx.

“In medicine we try to diagnose a problem and then look for a solution. There’s a Groucho Marx comment that politics is sometimes the opposite–politicians misdiagnose problems and apply the wrong solutions. But being an eye surgeon reminds me to take a more analytical approach.”

More analytical? Like blindly following disproven theories?

I laughed, but not because of the Marx quote. Rand Paul is an adherent of what is known as the Austrian School of economics. The Austrian School is an extreme form of free market fundamentalism that believes that economic markets should be nearly totally unregulated. It is called the Austrian School because the early developers were Austrian economists, including two named Fredrick Hayek and Ludwig von Mises. Many conservative politicians are enamored by the Austrian School, but curiously enough very few real economists, even deeply conservative economists, follow the Austrian School. This is probably because it has never worked in the real world, and most real economists know this. If you look at the world you can see that there are nations with highly unregulated economies. Those nations are often grouped as Third World nations. There is obviously too much regulation or government control, as every former communist country realized and as many European countries also realized before scaling back. But those countries that let the wealthy avoid taxes and let businesses avoid economic, environmental, and work place safety regulations, are not thriving. So the Austrian School of economics is pure theory.

Rand Paul’s views on foreign policy are what some have called neo-isolationist. His father (Congressman Ron Paul, R-TX) was a total isolationist, but Rand is much more nuanced. But his foreign policy views trouble most main-stream politicians, including many Republican and Conservative politicians. They rightfully note that this nation tried to disengage from international affairs after the First World War, with disastrous results. So Paul’s foreign policy views are based not on a rational analysis of the real world, and its myriad problems, but on a petty and truculent disdain for the rest of the world. It is a view based on a fantasy world, and not a rational analysis of the real world.

Paul’s views of history are also based more on a fantasy version of history than real history. Not long ago Senator Paul went to Howard University and lectured the students on why they should be Republicans. The main reason was that Lincoln (the first Republican President) freed the slaves and that many of the early advocates of the Civil Rights movement were Republicans, particularly from the northeast. He also noted that it was largely Democrats who opposed abolition, back in the middle of the 19th Century, and Southern Democrats who opposed the Civil Rights movement in the middle of the 20th Century. All of this is absolutely true, but Paul seemed to have forgotten Richard Nixon’s “Southern Strategy,” which was designed to turn southern Democrats into Republicans based on racial resentment. Paul didn’t know this but his audience at Howard, one of the jewels in the crown of historically black colleges, knew modern history very well. They knew very well that Republicans used to be for civil rights, but the modern Republican Party, since Nixon, has been home to racists, and has aggressively pushed to end programs that help minorities including blacks participate in society, including attempts to scale back the Voting Rights Act of 1965, and to restrict black voting. So Paul’s views on history are also not based on a rational analysis of fact, but on a rigid adherence to theory.

It was interesting that he quoted Groucho Marx, because his statement was comical.

The Simple Science of Climate Change

May 1st, 2014

The critics of the science of global climate change act as if climatology and the science if global climate change are somehow complicated, obscure, or esoteric. They also act as if it is a new-fangled theory, dreamed up by modern day Luddites. Both are simply not true.

The science of climate change is very basic, very simple. Most people have personal experience with the underlying science behind “global warming.” Most of us have done a simple science experiment, probably in High School, where we added salt into water and noted that it changes the freezing point. The basic idea is that an impurity in a solution changes the physical properties of the solution. Adding salt to water changes the freezing point.

Air is a gaseous solution of nitrogen, oxygen, argon and some trace elements. There is also gaseous – or vaporous – water in the air. Changes in these elements, or in other impurities in the air, change the physical properties of the air, particularly its ability to retain heat.

Believe it or not, must people have first-hand experience with this phenomena. Humidity, which is the measure of water vapor in air, changes the ability of air to retain heat. Most everyone knows this. The humidity in the air is why it typically stays warm at night in the summer. If, for example, it gets up to 86 degrees on a humid summer day, it might only cool off to the low 70’s at night. But if it gets up to the same 86 degrees on an early fall day, a day with low humidity, it may cool off into the 50’s at night. Anyone who has spent time in the desert has also experienced this effect. It may get into the 90’s or 100’s during the day, but it often cools down into the 40’s and 50’s at night. Places in the tropics, where the humidity is high, may also reach the upper 90’s during the day, but only cool into the low 80’s at night. The reason is that the water vapor in the air helps the air retain heat, or in the case of the desert, the lack of moisture in the air allows the air to cool quickly once the sun is down.

This is part of what is known as the greenhouse effect. The idea was first developed by the French scientist Joseph Fourier in the 1820’s. A British scientist named John Tyndall did studies in the 1850’s that helped explain why water vapor in the atmosphere held heat. He also said that other impurities in the air, including carbon, could help the atmosphere retain heat. Finally a Swedish named Svante Arrhenius put it all together in what is now known as the “Greenhouse effect”. There are two components. One component is that the impurities in the air alter the heat retention properties of the air, and the other component is that the impurities in the air alter the ability of the atmosphere to block infrared radiation emanating from the planet. So humidity allows the air to retain heat. Arrhenius did his work in the later early 1900’s.

Arrhenius also noted that increases in carbon dioxide in the atmosphere would cause the atmosphere to retain heat. Arrhenius actually thought that heating the atmosphere would be a good thing, and would help prevent a new ice age which might destabilize humanity. In a book called “Worlds in the Making” published in English in 1908 he said that if “the quantity of carbonic acid [CO2] in the air should sink to one-half its present percentage, the temperature would fall by about 4°; a diminution to one-quarter would reduce the temperature by 8°. On the other hand, any doubling of the percentage of carbon dioxide in the air would raise the temperature of the earth’s surface by 4°; and if the carbon dioxide were increased fourfold, the temperature would rise by 8°.” (p53) [See, e.g. the American Institute of Physics, which has an excellent history of the science behind Global Climate Change at: http://www.aip.org/history/climate/index.htm]

His numbers were off for a number of reasons, including the ability of the oceans to absorb carbon dioxide, but his description of the basic science of global warming, or climate change, was dead on. Raising the amount of carbon dioxide (and other carbon based impurities) in the atmosphere alters the ability of the atmosphere to retain heat and causes the atmosphere, and the planet as a whole, to heat up.

This has been the dominant model of climatology ever since (with a brief foray into global cooling, as discussed below). So we have known for well over 100 years that adding carbon to the atmosphere would warm the planet. The terminology changed recently because it was clear that the impact was not simply warming. The additional heat in the atmosphere manifests itself in disruption of normal weather patterns, and can result, as it did the past winter, in unusually cold temperatures in some regions. So now we use the more accurate terminology of “climate change” but the scientific principles remain the same. They are simple, and well established scientific principles, and they are principles that have been around for over 100 years.

A Note On “Global Cooling”

May 1st, 2014

Conservatives like to point out that in the 1970’s there was supposedly a great deal of concern about “global cooling” and the possibility of a new ice age. They like to refer to this to imply that scientists are a bunch of idiots and frequently get things wrong. The implication is that if they were so off base in the 1960’s regarding the possibility of “global cooling,” they’re most likely off-base now with claims of global warming. It’s a nice argument but is completely untrue.

Here’s the basic story of “global cooling.” My details are taken largely from a paper published by the American Meteorological Society called The Myth of the 1970’s Global Cooling Scientific Consensus, which is available at: http://journals.ametsoc.org/doi/pdf/10.1175/2008BAMS2370.1]

As noted previously, scientists have understood since the 1890’s that adding carbon based gases, particularly carbon dioxide or CO2, to the atmosphere would lead to increased atmospheric temperatures.

But in the 1950’s and 1960’s the amount of smog and visible pollutants (known as aerosols) were becoming a major concern. Some scientists suggested that the amount of pollution could block solar ration and potentially lead to the cooling of the planet. Just as a day is cooler when it is cloudy than when it is sunny because the clouds block the solar radiation, perhaps smog would have the same effect.

In the late 1960’s a few scientists published articles in peer reviewed journals and gave talks at climatology meetings presenting these ideas. But this was, based on an analysis in the AMS paper, a distinctly minority view.

Unfortunately the story was picked up by the “main stream media” and Newsweek published a story in 1975 called “The Cooling World.” The New York Times also published two articles discussing the possibility of global cooling. The Times, unlike Newsweek, did note that this was far from a consensus view on the impact of pollution on the environment. In fact, as noted above, it was the decidedly minority view. There is a chart on page 9 of the paper (Fig 1, pg. 1333 of the original Journal article) that shows the number of papers on global warming versus papers on the possibility of cooling in the peer reviewed journals. There was one article discussing the possibilities of global cooling in 1967, two in 1971, and one in ’74. ‘76, and ’77. In contrast, there was 1 warming article in ’65, ’67, ‘69 and 1971. There were two in 1970, 4 in ’71, 3 in ’74, 7 in both ’75 and ’77, 4 in ’76, 8 in ’78 and 5 in 1979. All total for the period, there were 7 cooling articles, 44 warming articles, and 20 that discussed issues of climate change but were neutral as to whether the overall climate may warm or cool.

Climatologist debated the issue, analyzed the data, and found it lacking. The “debate” over “global cooling” in the late 1960’s and early 1970’s took place in scientific journals, and shows how science works. An idea is proposed, and then it is analyzed and written about in journals. If facts support the idea it becomes consensus science. If facts don’t support it, it gets dropped. This is precisely what happened with the scientific discussion of global “cooling.”

Global cooling was proposed in the mid-1960’s as a plausible idea, but climatologists and other scientists analyst the information and determined that it was incorrect. The idea was dropped by climate scientists. Unfortunately the fact that the debate, or actually only part of the debate, became public, gave the general public the sense that there was disagreement or discord in the science. Nothing could be further from the truth. The “debate” over the possibility of global cooling shows that science works.

Science Getting It Right

April 24th, 2014

The modern world is the world of science getting it right. Computers and cell phones are dependent upon silicon computer chips that are the product of advanced materials sciences that rely, in part on the teachings of quantum mechanics to explain how electrons are transmitted within the chips. Modern communication technology, including cell phones, the internet, wireless communications, and data transmission satellites are all the product of modern science, including esoteric number theories, quantum mechanics, and advanced astronomy and cosmology that allow the precise positioning of geosynchronous communication satellites. It all works because science got it right.

We live increasingly long and healthy lives because of scientific advances in medicine, which are dependent upon modern understanding of biology, which is largely dependent upon understanding how genes operate and interact, and all of this is dependent upon the process of evolution. We live long and healthy lives, we benefit from many marvels of modern medicine, because science gets it right.
Every time a person uses a cell phone, logs onto the internet, uses GPS to determine their location or get directions, or benefits from modern medicine, they are essentially endorsing the modern world of science. They may not realize it, they may even doubt the science, but the reality is that modern technology works because science got it right.

I’m baffled then when I hear people, particularly intelligent people with advanced degrees, question the science of climate change. The science of climate change is based upon the same scientific principles, theories, methods and protocols that make computer chips work, that allow cell phones to make a call, that send rockets with rovers to Mars, that create disease resistant crops, and that eradicated diseases and improved health around the world.

How have all of these scientific advances worked, when somehow science gets it wrong regarding climate change?

The scientific principles underlying climate change are extraordinarily simple. No quantum mechanics, no warping of the space time continuum. The scientific theories underlying climate change has been around for well over a century, and in that time has been tested and confirmed. Like it or not, we live in the world of science getting it right. And that applies to climate change.

It’s All Jefferson’s Fault

March 5th, 2014

[Originally Published in the Lexington Herald-Leader, Feb 23, 2004]

The Massachusetts Supreme Court recently ruled that same-sex couples have the right to marry. The response from President Bush and most conservatives was predictable: This was the work of “activist judges.”

But the real villains aren’t judicial activists, they are radicals named Thomas Jefferson and Abraham Lincoln. In the Declaration of Independence, Jefferson wrote: “We hold these truths to be self evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.”

The idea of equality and individual rights wasn’t Jefferson’s — philosophers had discussed it for years — but he was the first person radical enough to propose the idea as the foundation of a government. Many who joined Jefferson in signing the Declaration understood the implication of his idea. They knew that equality, if followed to its logical conclusion, would certainly end slavery and probably many other so-called traditions.

So, while Jefferson was away, serving as ambassador to France, they drafted the Constitution without his broad vision of equality. They ignored Jefferson’s ideal and granted rights only to white males. Many people were outraged by this, particularly by the idea that slaves were only three-fifths human, and set about to change things. But change comes slowly, and it took nearly 80 years to happen.

One of the men outraged by the hypocrisy of a nation that was founded on the principal of equality but refused to provide equality in its laws was Abraham Lincoln. Lincoln, like politicians today, struggled with how to resolve the competing interests of equality and tradition. He believed that the principle of equality was a worthy goal, but he worried about the incredible social disruption that would likely occur if laws were changed to implement that goal. Many Southerners did not trust Lincoln to craft the proper balance between these competing interests, so when he was elected president, most Southern states seceded.

Lincoln initially focused on fighting the war, but by 1862, as Union fortunes improved, he signed the Emancipation Proclamation, freeing many slaves. Then, after the Union Army successfully repelled a Southern invasion at Gettysburg, Lincoln noted that the founders created a new nation “conceived in liberty, and dedicated to the proposition that all men are created equal.” He said the purpose of the Civil War was to ensure that such a nation “shall not perish from the Earth.”

Due largely to Lincoln’s eloquence at Gettysburg and his tragic assassination, the Constitution was amended to incorporate Jefferson’s idea of equality. Under the Constitution, equality doesn’t mean that everyone is the same, but it does mean that everyone must be treated the same. The 14th Amendment says that the government shall not “deny to any person within its jurisdiction the equal protection of the laws.”

Lincoln taught us that Jefferson’s phrase “all men” did not just mean white men, and subsequent history — suffrage and civil rights — shows that “men” means “mankind” and includes women. So if our nation is founded on the principal that all people should be treated equally, how can we justify treating some people differently when it comes to property, inheritance or parentage rights? The inescapable answer is that, according to the Constitution and its history, we can’t.

That’s all that the Massachusetts Supreme Court said. If that is activist or even radical, we have no one to blame but Jefferson and Lincoln.