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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,
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.
Sean Hackbarth | 2:19 AM Here's a quick ripping of the NY Times editorial on the school voucher ruling:
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 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:
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,
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:
"The Poor's Best Hope" Sean Hackbarth | 12:03 AM Here are two reasons not to draft Yao Ming in the first round:
"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,
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:
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. MAILBOX sean--at--theamericanmind.com ![]() Support democracy and human rights in Iraq! My Bloginality is INTP!!! WEBRINGS « LibertyLoggers » < ? wiscoblogs # > WEBLOGS WIRES AP International AP National AP Politics AP Sports UPI COLUMNISTS Buckley Goldberg Kudlow Novak Horowitz Noonan Reynolds Sowell Will NEWSPAPERS Ha'aretz LA Times Milwaukee Journal Sentinel NY Times Washington Post Washington Times MAGAZINES The American Prowler The Atlantic City Journal Commentary Enter Stage Right First Things FrontPage IntellectualConservative.com In the National Interest National Review New York Times Magazine Opinion Journal Reason Spintech The Weekly Standard NEWS 1stHeadlines ABCNews BBC CNN Cybercast News Service Drudge FoxNews MEMRI MSNBC BOOKS All Consuming The New Republic New York Times Town Hall Book Club Washington Post Weblog BookWatch TECH News.com Wired News HUMOR Mallard Fillmore The Onion ARCHIVE Comments by: YACCS template by HELQUIN
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