Bald Eagle Picture

6.29.2002

12:13 AM
Thomas Sowell goes to the heart of the Pledge decision. For too long the courts have moved beyond their role of law interpreters and into forming public policy. Sowell writes,

One of the reasons courts at all levels get away with imposing judges' personal views as the law of the land is that so much of the public and the media view each decision in terms of whether they agree with the particular policy it represents. But the destruction of the separation of powers, which is central to the Constitution, is infinitely more important than whether policy A is better or worse than policy B.

Letting judges change the law by verbal sleight of hand is especially dangerous in a country where the people are supposed to have the power to control the laws they live under via their elected representatives.

Those who question whether the government ought to be in the business of promoting any religious concepts among school children can raise that as an issue that we can fight out among ourselves. It is denying us the right to fight it out among ourselves by judicial fiat that is the real danger.

In the case of the Pledge, the court thought the phrase "under God" somehow established a religion by government. How it could do that while not funding religion is beyond me?

Last week, the Supreme Court ruled that states couldn't execute the retarded. Some how a majority of justices read the ban against "cruel and unusual punishment" to mean a particular public policy. In that case, if the murderer had an IQ below a certain level he was immune from execution. In both these cases there wasn't an interpretation of the law. There were no claims of original intent. Instead, the judges imposed their opinions onto the public. That is not the role of the courts. Judges are not in place to shape society as they see fit. They are not on the bench to force their views of society should be down everyone else's throats. They are on the bench to interpret the law, not make it up.

Such undemocratic judicial activism robs power from the other two branches of government. The public can hold the executive and the legislative branches accountable more easily. Voting a bum out happens more often than impeaching a judge (speaking only on the federal level since those judges have appointments for life). So, what judicial activism actually does is rob the People of their sovereignty. So be it to have utopian social justice here on earth.

"Religion and the Constitution"

Sean Hackbarth |

6.28.2002

9:40 PM
Andrew Sullivan wears the same pants size as me. But I think I have more hair.

Sean Hackbarth |



9:13 PM
James Lileks' problem is that he booked with Northwest. The last time I flew that airline was when I was an eighth grader coming back to Wisconsin from Boston. The plane landed in Detroit, i.e. the airport closest to Hades, but couldn't get to the gate because another plane already in the gate broke down. I was stuck for two hours in a stuffy plane with 60 Minutes reruns to keep us occupied. For an eighth grader, this wasn't considered fun.

So our plane finally makes it into its gate, but by that time, the connecting flight to Wisconsin (Appleton) left. My family and I were then exposed to the airport for a few hours. I don't remember anything in particular, but my sister will always recall eating a giant pickle. It couldn't have been that exciting if that's all she remembers. We eventually got into Green Bay late that night. That airport was the first place I ever saw a pay tv. Who in their right mind would pump quarters into a tv just to watch commercials? One big problem: the car was parked at the airport in Appleton, 30 south of Green Bay. Fortunately, my kind aunt met us in Green Bay and drove us to the car. As for the luggage, I believe it arrived the next day.

The lesson I learned that day was never, ever fly Northwest. But I almost didn't heed my lesson when I was searching for flights to London spring a few months ago. Northwest had some good fares, but the itineraries were ridiculous. My eyes popped open in shock when I saw their Milwaukee to London through Minneapolis. Nice way to conserve fuel. I love flying over Wisconsin so much I would do it twice in an 8 hour period. I ended up going the Priceline route for my ticket and figured with my luck, I'd get stuck with Northwest going through Detroit. It didn't happen. Instead, I got Delta through Atlanta. No problems there. I know that someday I will confront my Northwest demon, and it won't be pretty.

Sean Hackbarth |



8:44 PM
The Eye (don't worry, I'll hide your identity) offers this opinion on the Pledge of Allegiance decision in the post's comments. But it's so good I don't want others to miss it.

This is a difficult spot to be in.

Clearly the founders held that "all men are created equal, endowed by their Creator with certain unalienable Rights...", who "...with a firm reliance on the protection of Divine Providence" pledged their lives to the United States against Great Britian.

How does the phrase "one nation under God" (notice, no comma, it is not its own phrase, it is part of the sentence) establish a religion? Is it because it refers to our Judeo-Christian background, and implictly endorses that? Would we not be able to teach the Declaration to students anymore, because the founders had a belief in God?

The first amendment says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

Now I ask, how is a SCHOOL BOARD'S (not Congress) requiring students to say the pledge unconstitutional? Because Congress codified the pledge to read "one nation under God," and so therefore Congress 'established' a religion?

This atheist dope who sued claimed his daughter was "injured" by having to hear kids recite the pledge. It was not that she did say the pledge herself, or was forced to. She didn't say it at all. Hearing other kids say it (led by "a state-run teacher in a state-run school") was injurious?

This case was ludicrous to start with. It should have been summarily dismissed long ago. If this guy didn't want his kid to hear other kids saying the pledge, he should have sent her to a private school, or home schooled her.

People don't have a right not to be offended. There is a lot of offensive stuff out there, just choose differently and one doesn't have to be exposed to it. You're offended by nudity? Don't go to a strip club. You're offended by rock music lyrics? Turn on talk radio. So on that note, I agree with Lindsey: get used to the fact that not everyone will agree with you. But there are enough out there who do, or more closely align with your thoughts than others. So choose to be with them, instead of those who offend you.

I will say this about atheists; I'm glad they are around. I'll need someone to park my cars and polish my boats once I get to Heaven.


Sean Hackbarth |



2:19 AM
Here's a quick ripping of the NY Times editorial on the school voucher ruling:

The majority argues that the Cleveland program does not, as a technical matter, violate the First Amendment because it is parents, not the government, who are choosing where the money goes. But given the reality of education in Cleveland, parents do not have the wealth of options that would make their selection of religious schools meaningful. And in any case, the money ultimately comes from taxpayers, and therefore should not be directed--by whatever route--to finance religious training.

Compare the Cleveland voucher program to the G.I. Bill. The latter allows soldiers to go to any college, religious or secular. Same for federal student loan programs. Is this a violation of the First Amendment? In both cases, individuals, not government, decides what school to attend.


This ruling does as much damage to education as it does to the First Amendment. A common argument for vouchers is that they improve public schools by forcing them to compete for students. What is holding the public schools back, however, is not lack of competitive drive but the resources to succeed. Voucher programs like Cleveland's siphon off public dollars, leaving struggling urban systems with less money for skilled teachers, textbooks and computers. They also skim off some of the best-performing students, and the most informed and involved parents, from public schools that badly need their expertise and energy.

This argument is straight from the teachers union press releases. Funding of public schools does not correlate with student performance. If that were the case, Washington, D.C. which spends over $10,000 per student per year would be blowing the roof off of test scores. There would also be oodles of budding geniuses in the Kansas City area after a federal judge forced that school district to spend huge sums of money.

What holds public schools back are poor, faddish teaching methods. Too many schools focus on self-esteem and social justice over the basics. Competition would give public schools a feedback mechanism so they can tell if they're actually doing the job they're suppose to do.

"The Wrong Ruling on Vouchers"

Sean Hackbarth |



1:52 AM
There's not much I can add to Brink Lindsey's thoughts on the stupid Pledge of Allegiance ruling. Mere words don't establish a religion, money and tangible support do that. Also, note Lindsey's point about possible hurt feelings:

I've got a news flash for you, kiddies: It's a big world with lots of points of view, and sometimes people are going to think differently from the way you do. Get used to it.


Sean Hackbarth |

6.26.2002

11:05 PM
I've discovered where some of Amtrak's money went. The rail service is trying to look cool by offering free entrance into Summerfest. (Just scroll down until you see the logo.)

Sean Hackbarth |



11:02 PM
Tomorrow, Summerfest begins. It's 11 days of music, food, drink, people, and more music. For 11 days, Milwaukee's lakefront will turn into the greatest music festival on earth. Country, jazz, techno, rock, hip hop, and everything else will be available for your listening pleasure. The festival is a gem that draws people from around the world to Milwaukee. One drawback to Summerfest, besides expensive beer prices, is seeing lots of Wisconsinites wearing things they shouldn't be wearing. If you're anywhere in the Midwest, come and check it out. I'm sure you'll be hooked.

I will be there tomorrow night, grooving to some dance tunes spun by DJ Colette or rocking to Sevendust. Fireworks will light up the night sky, giving me even more entertainment.

Sean Hackbarth |



10:47 PM
I hope to find some time to comment on the supposed unconstitutionality of the Pledge of Allegiance. Until then, Eugene Volokh has some thoughts.

Sean Hackbarth |



10:19 PM
Fredrik links to a Joseph Farah article where he declares his intolerance of liberalism. The Left uses the term "intolerance" as a weapon. They draw no distinctions between good intolerance and bad intolerance. For them, intolerance is a sin, plain and simple. If one is intolerant of something, they are evil, bigoted people who have no place in public discussion.

The Right sees intolerance as a useful tool to promote the just and virtuous society. Farah writes,

I'm intolerant of Americans who don't want to live within the confines of our constitutional system. That's a good thing. Tolerance of unlawful behavior and the rule of men rather than the rule of law would be wrong.

Farah's intolerance pushes him to fight for life, liberty, and property. If Farah were as tolerant of the Left as his critics want, he would shut down WorldNetDaily. If he wasn't opposed to the Left, he wouldn't have a need to publish a website devoted to promoting his political philosophy.

Ironically, Farah's Leftist critics are intolerant themselves. They don't accept the rule of law over the rule of men. They don't fight for limited government. They don't accept individual's rights to life, liberty, and property. Instead, they push for more government spending, higher taxes, and abortion on demand. They are intolerant of opponents to their agenda. If you support lower taxes and a literal interpretation of the constitution, the Left will call you "uncaring," "insensitive," and "backward thinking."

Tolerance does play a role in a peaceful society. We should be tolerant of people's thoughts and actions as long as they don't interfere with other's liberty. But when people's actions and ideas become a threat to liberty, they must be fought tooth and nail.

"Why I'm Intolerant and Proud"

Sean Hackbarth |



9:59 PM
The greatest harm from President Bush's steel tarriffs is the reaction from poor countries where protectionism stiffles economic growth. Jagdish Bhagwati writes:

If you hold on to your own protection, no matter how much smaller, and in fact even raise it as the United States did recently with steel tariffs and the farm bill, you are going to undermine seriously the efforts of those poor-country leaders who have turned to freer trade in recent decades. It is difficult for such countries to reduce protection if others, more prosperous and fiercer supporters of free trade, are breaking ranks.

"The Poor's Best Hope"

Sean Hackbarth |



12:03 AM
Here are two reasons not to draft Yao Ming in the first round:

  1. He's a 7'5" giant that can't jump. At least that's what I saw from film of his pre-draft workout. He dribbled a little and shot a little but didn't show any moves. Sure, you don't need to jump much when your 7'5", but that can also be said of draft bust Shawn Bradley. Can you see Yao making any moves to get past Shaq? Instead, he'd get bowled over by the Lakers' center.

  2. To get him on your team, you not only have to deal with Yao, but with the Chinese government. Remember, they're still communists who use their people as means to their ends. The Chi-Coms will do their best to squeeze the best deal they can out of the NBA and any team that drafts him. Right now, it's possible Yao may not get permission to play in the NBA. How much of a bribe will the Chinese basketball federation need to make sure the paperwork is completed? The Chinese Basketball Association wants, in writing, the right to yank Yao out of the NBA whenever they need him for the Chinese national team. After all the permisssions are done, a team still has to sign him. This ends up being way too complicated just to get a tall center that doesn't seem to have a lot of game.

"Yao to Houston Possibly in Jeopardy"

"China Wants Yao for National Team"

Sean Hackbarth |

6.25.2002

8:13 PM
Todd Gitlin's article denounces the unthinking, anti-semitic Left that justifies lies and cariacture to defend the Palestinians. About student movements, he writes,

A student movement is not just a student movement. It's a student movement. Students, whether they are progressive or not, have the responsibility of knowing things, of thinking and discerning, of studying. A student movement should maintain the highest of standards, not ape the formulas of its elders or outdo them in virulence.

While it's great a man of the Left such as Gitlin strongly criticizes anti-semetic Leftist, he's awfully idealistic of "student movements." From my experience, Left wing student movements (who ever hears of Right wing movements?) are full of some of the most unthinking people I've ever encountered. They only speak platitiudes that make Jesse Jackson's bad rhymes seem scholarly. When confronted with opposing facts for a different analysis, these students counter with ad hominem attacks and an emphasis on emotion over reason.

Pre-9.11, the biggest issue for student movements was globalization. Along with peaceful teach-ins and rallys, many engaged in violent riots in Seattle, Washington, D.C., and Genoa. Their excuse for destroying property was that it wasn't a crime because it was only things, not people. Other student movements oppose geneticlly modified food and took part in raids that destroyed test fields. Little thinking, descerning, or studying there.

"The Rough Beast Returns" [via Craig Schamp]

[UPDATE: Some of those thinking, descerning, and studying students would "rather go naked than wear GAP" in Calgary. In Ottawa, police are preparing for violence from anti-trade protesters. Then there are the goofs knitting their way to revolution.

"Local Impacts of G8 Agenda Exposed"

"Canadian Authorities Prepare for Worst on Eve of G-8 Summit"]

Sean Hackbarth |



4:43 PM
Arnold Kling delves into whether weblogs* are a fad. He has this to say about local news and weblogs:

My prediction is that in niches where the ratio of information value to entertainment value is high, blogs will prove to be superior mechanism for disseminating news. For example, local politics tends to have lower entertainment value than national politics. To me, that implies that at some point we will start to see elections for school board or city council influenced more by coverage in blogs than by coverage in newspapers.

I have a quibble with Kling's prediction and a strong example to back me up. In order for weblogs to influence local elections lots of voters have to read weblogs. There also have to be writers interested in covering local issues. Other than weblogs that monitor their local newspapers, I've seen little of the extensive local coverage needed to be influential. Even though the weblog craze has received a fair amount of coverage in mainstream media, most people, including Internet users, have no idea what they are.

In fact, newspapers are far more influential on local issues. For example, in Milwaukee, a controversial pension plan led to the resignation of the county executive and recall elections for a number of county supervisors. The story broke way back in late 2001 in the quasi-weblog Milwaukee World, but didn't draw any public anger until the Journal Sentinel covered it in early 2002. After the newspaper brought the story to the public's attention, local talk radio inflamed passions that led to a massive recall petition drive for then County Executive Tom Ament

The biggest winner from the scandal, besides newly elected County Executive Scott Walker, was Bruce Murphy publisher of Milwaukee World. He now has an investigative gig with the Journal Sentinel.

It's unclear to me how such widespread public anger could have been aroused if people only got their news through weblogs. In essence, it would have been word-of-mouth. It would be electronic and faster, but still it would be word-of-mouth. There would have been questions of the story's accuracy and whether certain people were just spreading rumors in order to advance a personal agenda. With the newspaper putting it on the front page, it gave the story legitimacy. We may dislike newspapers and big media for their lack of diversity and inanity, but they have the ability to focus public attention on news.

Finally, let me answer Kling's question in the title of his essay. Weblogging isn't a fad. It will be around as long as people have an easy way to publish on the Internet and as long as they have opinions. Since the Net mantra "Information wants to be free" does hold some weight and since people are by nature opinionated, we have the pleasure to be stuck with weblogs for a long time.

"Is Blogging a Fad?"

[* I use the term "weblog" and "weblogging" over "blog" and "blogging" for merely asthetic purposes. "Blog" sounds like the battle cry of a drunk barbarian. I may get used to it in the future.]

Sean Hackbarth |



3:44 AM
Microsoft has ambition plans for computer privacy, piracy, security, and authentication. By getting support from Intel and AMD, MS envisions a new PC architecture with specialized security chips combined with new software.

For Palladium to take off MS has to make sure it's effective, easy to use, and inexpensive. Creating an industry standard that includes chip and computer makers is one way MS will try to make Palladium work.

Computer makers should love Palladium. It gives them something beyond sheer processing speed and price to market to businesses and consumers. When people really don't see a need to buy a 2 GHZ computer just to get a small fractional performance boost over their 1 GHZ, price becomes the defining factor in buying a new computer. Makers are forced to lower prices to gain marketshare. They're then in the unenviable position of decreasing margins--not good for the company's stock price.

Palladium will fail if users have to know about the gory details of public key encryption. While Pretty Good Privacy offers users the ability to encrypt e-mail, it's usability is daunting to most e-mailers. Geeks may see the jumble of numbers and letters that make up their public key as a badge of honor, but the rest of use look at it and go, "Looks way too complicated for me."

Palladium is a big project from MS. This is the same company betting big on web services with .NET. Splitting mindshare on these two highly important projects may hurt the development of both. Or MS programmers and scientists could end up with better projects through synergy. What we do know is MS doesn't rest on their laurels. The best part of Bill Gates' management is his desire to always push his company forward. Palladium does just that.

"The Big Secret"

Sean Hackbarth |

6.23.2002

9:54 PM
I'm back from Dubuque. The wedding was fine. For some the heat was unbearable. I didn't think it was that bad, and I was one of the few men to wear a suit jacket to the service. The dinner and reception were enjoyable. I caught up with seldom seen relatives and learned that I'll be going to another wedding next Memorial Day weekend.

I took my time driving back. I stopped in Galena, IL and strolled through their impressive downtown. It's full of shops selling artists works, jewelry, and clothes and restaurants serving burgers, pasta, and high-end Italian cuisine. Then it was me taking my time avoiding interstate highways so I could actually see northern Illinois and southern Wisconsin. No rush at all. Just me, my car, and plenty of good music.

My mini-vacation is just about over. Tomorrow, it's back to the store.

Sean Hackbarth |

ABOUT
When I'm not pondering the fate of the universe, I'm reading, writing, or selling books. Here you'll find comments on politics, culture, books, and music. Not necessarily in that order.

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