Patriarchal Misogynistic Tendencies
Posted: September 7, 2012 Filed under: Culture, Politics | Tags: America, culture, feminism, men, misandry, misogyny, patriarchy, philosophy, politics, relationships, women 11 CommentsRecently I’ve been reading a lot more internet chatter about feminism, which I can only take to mean it’s on the rise again. This wounds me greatly, as I had hoped we lived in a Post sort of world. You know, post-racial, post-gender, post-political, Post brand cereals, whatever. But I guess that ship has sailed, and we’re right back to having the same arguments that we’ve been hashing over (and failing to reconcile) for decades.
So what does this mean for me personally? To be honest it means I’ve had to confront my own patriarchal misogynistic tendencies. Yes, I admit that I have them. Of course I have them. C’mon, I was born in the mid-seventies and educated in public schools. I’m lucky I can even spell “patriarchal misogynistic tendencies” let alone admit having them. And I do. But just like paranoid schizophrenics can still have enemies, misogynists can still be right from time to time.
Here’s my favorite example: I’ve had a crazy ex-girlfriend or two. Now don’t get me wrong on this; I actually have several exes, and for most of them I hope I hold the place of “pleasant memory”, and I more likely hold the place of “bullet, dodged.” Most of those ladies I don’t even think of anymore, and while I may have in my callous youth said some unkind things about them I at least have enough class to regret it. But the fact is I do have one or two truly crazy ex-girlfriends. I even have objective witnesses of both genders to back me up. But here’s the problem: everything I’ve seen in the feminist orthodoxy says that’s wrong. That somehow I’m as much to blame as they are, if not more so, simply because I was a willing participant in the relationship. Boy, that’s not blaming the victim much, now is it? Only I can’t be a victim, because of my gender. That’s one.
My next favorite is things like quotas, preferences, and government set-asides. There are plenty of these designed to help women get ahead in school, in business, and in civil service. Setting aside the question of their efficacy, I wonder about their essential morality. Is this just? Is it right to single out one gender and favor them over another? And if so, for how long? Sure you may feel you are correcting some sort of societal imbalance, but when there’s no limit set the assumption is that injustice is either endemic to society or the individuals that comprise it (which are basically one and the same). With women graduating from college at higher rates than men and getting more advanced degrees than men these days, have we reached the day we no longer need these set asides? If not, will we soon? Will we ever? That’s two.
And hey, for the third issue, let’s go for a hat trick of issues that all tie together: divorce, custody, and child support. Despite the great gains that have been made by women in the workplace and men in the home, the default assumption that is near impossible to overcome in any divorce proceeding is that a man should support a woman “in the style she has become accustomed to”, and if there are kids they will almost always go to mom unless dad has absolute iron-clad proof she is a drug-addled child molester. In that case the kids will probably wind up with her parents. Fathers without custody will be tasked with child support (don’t get me wrong, I’m all for that) and hunted down like the dogs they are if they miss a single payment (a bit draconian, but hard to argue with), and in the rare event a mom doesn’t have custody she has to… well, how often are they ordered to pay child support? And when was the last time you heard the phrase “dead-beat mom”? And please don’t feed me some line about women being “nurturers”. Remember, we don’t assign gender roles in this classroom. So that’s three.
Last but not least is a real touchy one and the one I expect to catch the most hell over, but I feel the need to say it since nobody else will. First a clarification: I am not taking a stance on abortion here. That’s another post entirely. I do have an opinion, a strong one, but I don’t want to cloud the issue with that argument. Let’s simply take as given that Roe v Wade is the law of the land. So women have the right to decide, once they are pregnant, whether or not they will have a child. What right do men have in this arrangement? If he disagrees with her choice, either way, he is powerless. Completely at her mercy. He can beg, plead, persuade as best he might (and please don’t suggest threatening because I will gladly see a man in jail for that), but he has no recourse before the law. If you believe that is fair, turn the situation around. Put a woman in ANY situation in which she is bound for almost twenty years by a single decision that a man makes on her behalf, even if he is bound by that same decision, and tell me that it’s still fair. Here’s an alternative: let him surrender his parental rights if he doesn’t want the child. It’s not everything, but it’s more than nothing.
Life’s not fair. I get that. But why is it that women get to cry “life’s not fair” and call it a movement? Why do men have to stand by on the sidelines and simply accept the slow chipping away at our dignity and all the good we have in order to make the world an acceptable place? There is injustice in the world, this I understand; that is a fact that is not limited by gender, ethnicity, or politics, and we should all stand against it. But robbing from Peter to give to Paulina does not create a better world; injustice is not the answer to injustice; misandry is not the cure for misogyny.
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Anarchy X: The Eighth Amendment
Posted: September 5, 2012 Filed under: Anarchy X, Politics | Tags: America, anarchy, Anarchy X, Bill of Rights, cruel and unusual punishment, death sentence, justice, philosophy, politics 1 Comment“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Of all the amendments to be interpreted and re-interpreted over the history of our nation, it may be the eighth amendment that has seen the most action, and is still in the greatest contention to date. Even the first and second amendments haven’t evolved as much, since they do not touch so deeply on the basic principles of what make us a society and what makes us human.
It is the specific clause of “cruel and unusual punishment” that seems to be the sticking point in most cases, and it is the one that has given me the greatest personal turmoil. In my youth I was a hardliner in many ways, for while I believed very much in the idea of a justice system that gave every possible benefit to potential defendants, I also believed that prisons were places of punishment, not rehabilitation. I also was very strongly in favor of the death penalty, in particular in cases of the most heinous crimes. I was convinced that there were some people the world would be better off without, and it was the right and the duty of society to deal with those people in the most straightforward manner possible.
I do not write these words with glee, nor do I write them with contrition. Rather I write them so as to set a basis of understanding of my own personal journey of discovery for those who may feel as I did then, or who feel differently than I do now. My hope is that by understanding the path that I have taken you may in some way understand why I believe as I now do, and even if you still disagree you may at least take some time to consider why you believe what you believe.
In terms of the treatment of prisoners, I used to believe they should be treated no better than the minimum necessary for survival. Food, shelter, and clothing were sufficient; after all, they had already proven they were not willing to contribute sufficiently to society to be a part of it, so why should society pay to keep them in any better style than the least necessary? I saw nothing cruel in this, although it might seem vindictive; after all, if I had to work to support myself, they were at least better off than I was. I have come to realize I at least have something they do not; I have the freedom to choose what I want, and if my choices are constrained by my circumstances, then so are theirs, and theirs are even more artificially constrained by having their liberty taken, even if that is the result of their own actions.
Further, it is a short-sighted thing to suggest that we should reduce humans to the level of nothing but animals, with nothing to fill their days but food, shelter, and the barest of covering. If they have nothing to strive for, no hope that tomorrow will be if not better than today than at least different, that is a cruelty and inhumanity all its own. It also breeds anger and contempt toward society among those who will someday rejoin that society; even if you do not believe prison is a place for rehabilitation, you must at least recognize the potential to create better or worse citizens among those who come out. Providing even simple things like books, athletic equipment, and exercise space allows prisoners a chance to engage body and mind. Television and internet access, even if it is monitored and controlled, provides a connection to the outside world that keeps them engaged and may even keep ennui and desperation from setting in. If nothing else, it shows in us a level of humanity that we condemn others for lacking.
The final hurdle for me was the death penalty. Setting aside the numerous studies showing the uneven and unjust applications and use of the death penalty, which no rational or honest person should, as well as the studies showing the economic unfeasibility of it, which counter any argument on those grounds; I feel there is an ethical case to be made for the elimination of the death penalty. It is not a simple case, nor is it an absolute one, but I believe it needs to be made.
The justification for the death penalty, if there is one, is that it is the ultimate penalty, and it is only handed out for the most heinous of offences, those for which there can be no lesser price. Even if one were to accept that premise, there are other factors to consider which make that untenable. I do accept that the death penalty is the ultimate penalty, for no matter how many years you spend in prison, there is always the hope for redemption, and there is always the chance of parole. There is no coming back from the grave.
In a truly fair justice system, we would ensure two things: first, that the penalty matches the crime; and second, that the bar for a guilty verdict matches the potential sentence. Obviously this would make for a convoluted and difficult system, as we would have many different potential hurdles for prosecutors to reach depending on the severity of a crime, so instead we settled on one that seems to work in most cases and that, at least at first blush, favors defendants: “beyond a reasonable doubt”. But is this enough when a person’s life is on the line? Is “a reasonable doubt” sufficient to make a person pay the ultimate price?
Absolute justice calls for absolute certainty. That is the conclusion I finally came to. Regardless of how you might feel about the morality of the death penalty in the abstract, or even in specific cases where you are absolutely sure someone is guilty, is it enough? Extraordinary cases make for bad law. Or to put it another way, are you unable to think of a single time in your life when you were absolutely sure about something, only to find out you were wrong? Care to bet your life on it?
Care to bet someone else’s?
I don’t. Not anymore.
The Non-Presidential Debates – An Open Challenge to Democrats and Republicans
Posted: August 31, 2012 Filed under: Politics | Tags: 2012, America, culture, debate, democrats, politics, presidential race, republicans Leave a commentAs we continue to roll through the election season, political debate seems to have devolved into the mere shouting of talking points, playing of sound bites, and worst of all, posting of mindless internet memes on social media sites. In an effort to change up the dynamic a bit, I thought I would challenge my friends on both sides of the aisle with a chance to defend some of their positions that I find a little contradictory, difficult to understand, or just plain nutso. Considering that I come from a direction that both sides tend to consider equally insane and out of touch, I think that makes me a reasonably fair moderator in that regard.
So, without further ado, I present my list of questions, in no particular order. I have alternated them, one for each party, although anyone may feel free to jump in and defend any position. I only have two rules. The first is that you can only initiate a comment string with an explanatory comment. Simply adding “yeah, that makes no sense!” doesn’t enhance the discussion. The second is that replies to comments be respectful or they will be deleted. Debate is encouraged, trolling is not. I have a banhammer and I’m not afraid to use it. Now, let the games begin!
1. Republicans: Explain to me how gay marriage is in fact a danger to traditional marriage. Cite specific examples without referring to religion.
2. Democrats: Show me specific studies that prove the idea that banning guns (or significantly restricting gun ownership) actually makes people more safe. Account for crime data for Chicago and Washington, D.C. vs. similar sized cities while they had gun bans in place. Also account for countries that have more restrictive gun laws and higher rates of gun violence than the United States (I can cite sources if needed).
3. Republicans: Explain how drug prohibition, specifically marijuana prohibition, makes us safer than the alternative. For bonus points, justify the cost of enforcing the drug war while cutting spending on schools, health care, and space exploration.
4. Democrats: Explain why people have a right to free health care but don’t have a right to purchase a 32 oz soda or be given baby formula when they have a new child.
5. Republicans: Why is it acceptable to force people to use American labor by preventing immigrants from working in this country regardless of their status, but unacceptable to force them to use union labor?
6. Democrats: Why is it acceptable to force people to join unions in order to work in their chosen field but unacceptable to deport illegal aliens working in America unlawfully?
7. Republicans: Why is it unacceptable to pass a major new healthcare entitlement when you’re a Democratic president (the Affordable Care Act), but it’s perfectly acceptable to do so when you’re a Republican president (the Medicare Prescription Drug, Improvement, and Modernization Act)?
8. Democrats: Why is racial profiling bad but socio-economic profiling good?
9. Republicans: Are you seriously still denying man-made (or at least man-contributed to) global warming? Seriously? No, seriously?
10. Democrats: Conceding that global warming exists, are you really willing to give up all the trappings of civilization, including homes, food, clothes, and your iPhone in exchange for reducing the temperature in the atmosphere by 10 degrees Celsius by the end of the century? If not, what compromises are you prepared to make, and where do you draw the line?
11. Republicans: Why is it that when poor people try to get more money for social programs you refer to it as “class warfare”, but when rich people try to get tax cuts you refer to it as “the free market in action”?
12. Democrats: Assuming you favor progressive taxation, and in particular a strong tax hike on “the wealthy”, please tell me how much of your personal time and money (percentages please, not raw numbers) you have spent helping people who are not as well off as you are, unless you are certain there is nobody in the world who is worse off than you. Alternatively, cite every occasion in which you have NOT taken a tax deduction to which you were entitled.
13. Republicans: Make an honest effort to set aside your preconceived notions and talking points. Now spend ten minutes seriously imagining America thirty to forty years from now, with special attention being paid to the people who will be working in and running the place. Once you complete this exercise, please list any and all national priorities that should come before education.
14. Democrats: Make an honest effort to set aside your preconceived notions and talking points. Now spend ten minutes seriously remembering World War II, the Cold War, and 9/11, with special attention being paid to the loss of life and the horrors perpetrated by our enemies in those conflicts. Once you complete this exercise, please list any and all national priorities that should come before national defense.
Bonus question for either side: Explain to me why your restrictions on individual freedom are good while your opponent’s restrictions on individual freedom are bad. Use 5,000 words or less.
Anarchy X: The Sixth Amendment
Posted: August 22, 2012 Filed under: Anarchy X, Politics | Tags: Anarchy X, Bill of Rights, drug war, game theory, law, nonviolent offenders, overcriminalization, politics, prisoner's dilemma, right to an attorney, sixth amendment, speedy trial, unintended consequences, war on drugs Leave a comment“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
I’m gonna skip right over the numerous ways both the Bush and Obama administration have violated this one since 9/11, since that horse has already been beaten into the ground by roughly everybody (although I do find it interesting that the noise level about it seems to have dropped off since roughly January 20, 2009). The fact is there are still serious issues in our country that have come about due to policy decisions that are tangential to this amendment, some of which are only obvious after the fact due to the law of unintended consequences.
First we have the issue of a speedy trial. This is by definition a slippery one, since what constitutes a “speedy” trial is a qualitative measure, not a quantitative one. Is a week to prepare a defense long enough? How about five years? How long is too long? Either way you have issues, but it doesn’t much matter, because the justice system is getting more and more crowded each day. A lot of this can be attributed to the growth in nonviolent offenders. Much of this can be attributed to the War on Drugs (yes, I’m back on that old tune), but there is also the criminalization of other activity to consider as well.
As The Illustrated Guide to Criminal Law so adeptly shows, there has been a large increase over time in the number and scope of laws that do not require mens rea, or an accompanying mental element to match the actual act of committing a crime. I can’t go into the details of overcriminalization nearly as well as The Illustrated Guide does, so I highly recommend visiting that link; it’s highly informative, very entertaining, and a little scary. It covers both regulatory agencies that pass regulations that include criminal as well as civil penalties for violations, as well as my personal favorite, politicians who legislate personal behavior (speaking of which, can someone in NYC run to 7-11 and grab me a Big Gulp, a doughnut, and a pack of smokes?)
The upshot of all of this is that we end up with a criminal justice system that is bogged down with defendants, many of whom can’t afford an attorney. Let’s face it, if you could afford an attorney, chances are pretty good you wouldn’t have gotten caught in the first place, because you would have had someone else doing the dirty work for you (it takes a lot to bring down a Bernie Madoff, not so much to bring down a Joe Shmoe). This brings us to the Public Defender’s office. Now before you think I’m about to tear into yet another government agency just trying to do their job, I’m not. I actually have a lot of respect for these people. The don’t get paid much, they have huge case loads, and they work ridiculous hours, usually trying to defend people who for the most part don’t stand a chance. That’s not to say most of their clients are guilty, but you would have a hard time convincing me that more money doesn’t buy better expert testimony, better access to research tools, more paralegals to work your case, and so on. The fact is Justice may be blind, but that doesn’t mean she doesn’t have a palm just waiting to be greased.
So what’s an attorney to do? With a huge case load, a small chance of winning in most cases, and huge mandatory sentences having been imposed by ill-considered legislation in the past, there’s only one out: focus on the ones you can save and get the best deal you can for everyone else. That’s why plea bargains have become so popular. There are just a few problems with that.
Number one, they only work if you have something to trade. Remember that regulatory criminalization I mentioned earlier? Unless there’s someone higher up the food chain you can point a finger at (Bernie Madoff), you’re the guy stuck holding the bag. Or if you just happened to be picking up a buddy and had no idea he was holding. Either way, you’re outta luck.
Number two, plea bargains are a poor substitute for justice. With those previously mentioned harsh sentences, all the DA has to do is get an indictment for a particularly nasty crime (like say intent to distribute, even if you had no such intent), and you’re facing twenty years. Suddenly a plea bargain for a year in jail sounds like a sweet deal indeed, even if you think you have a fair chance of beating the case, just because the cost of losing is so high. That’s a real-life application of game theory, one of the most famous examples of which is (ironically) the Prisoner’s Dilemma.
Third, and maybe this is just me, it smacks of a witch hunt. Whether it’s Salem 1692 or Washington D.C. 1954, our country doesn’t have a very good track record with this sort of thing. Turning people against each other in order to avoid further punishment may be a time-honored tactic, and it has proven to be efficacious, but it is not without its dangers. It should be used sparingly, as a scalpel and not a bludgeon.
Nine Ravens
Posted: August 20, 2012 Filed under: Humor, Politics | Tags: America, culture, Edgar Allen Poe, humor, poetry, politics, pop culture, popular culture, Raven, satire, Supreme Court Leave a comment(With apologies to Edgar Allen Poe)
Once upon a web page I saw, that was dedicated to law,
(I do not recall if it was blog or wiki or something more,)
While I tried to keep from snoring (face it that stuff’s kind of boring),
There came a tapping, as of someone rapping at my study door.
” ‘Probably my wife,” I mumbled, “tapping at my study door;
Only this, and nothing more.”
Ah, distinctly I remember, it was a bleak and cold November,
The High Court’s term starting on the first Monday month before.
Desperately I wished the morrow; foolishly I sought to borrow
From Jack Daniels surcease of sorrow, sorrow caused by culture war.
Caused by the endless bickering that had been dubbed the culture war,
Discussed here nevermore.
And the monitor light glowing with new lawsuits overflowing
Thrilled me—filled me with fantastic terrors never felt before;
So that now to stop the throbbing of my head, I stood there sobbing,
“It’s just the puppy trying to get in at my study door,
It must be my little puppy pawing at my study door.
That must be it; nothing more.”
Eventually I took a nip, with liquid courage got a grip,
“Whoever’s there,” I said, “I hope you don’t mind about before;
But the truth is I was… napping, when you came so gently rapping,
When you came so gently tapping, tapping at my study door.
Wasn’t really sure I heard you.” Then I opened wide the door;
Darkness there, and nothing more.
I don’t know how long I stood there, staring out at nothing but air
Questioning my sanity like so many who came before;
But there was no sound but silence, and my only sign of guidance
And the only words there spoken were the whispered words,
“Culture war?” This I whispered, and an echo murmured back the words,
“Five to four!” Just this, and nothing more.
Back into my study turning, all my heart within me burning,
Soon again I heard a banging, something louder than before,
“Huh,” I said, I thought that I’d seen something just above my flat screen.
It’s outside the study window, so this mystery I’ll explore.
Let me just chill out a minute, and this mystery explore.
“It’s the wind, and nothing more.”
So I opened up the window, and suddenly what do you know?
Right in comes these nine ravens that I had never seen before.
Not a word or gesture to me; not a single “An it please thee”;
But with mien of lord and lady, perched beside my study door.
Perched upon a bench that was sitting inside my study door,
Perched, and sat, and nothing more.
Decked with feathers black as robes, sitting with patience to match Job’s,
I attempted to establish some semblance of rapport.
“An unkindness some might call you, yes, and a conspiracy too,
To be honest that’s the sort of name-calling that I deplore.
Tell me, pray, how I should know you, oh great Scions of Baltimore.”
Quoth the ravens, “Five to four.”
I was stunned at these ungainly fowl to hear discourse so plainly,
Though their answer little meaning, use, or relevancy bore;
For we cannot help agreeing that no living human being
Ever yet was given help by birds within their chamber door,
Birds or beasts sitting upon their bench within their chamber door,
With such words as “five to four.”
But the ravens, having spoken, would not let that be their token,
Instead they had to further discourse on matters more and more.
Topics timely and political; both trivial and critical;
Till my rage was near biblical, “I should show you to the door!
I want none of this, please, leave me be, get out of here, no more!”
Then the birds said, “Five to four.”
There’s nothing that they won’t debate, from abortion to speech of hate
Taking their sides from established ideologies of yore.
Though they might each strut and posture, give an enigmatic gesture,
Make us wonder if the outcome might be different from before
In the end there’s no cause for surprise about the final score;
The score is 5 to 4.
But the ravens still sat judging, so with grace ill and begrudging
I sat down, tried to ignore them and work as I was before.
But one thing there was no budging, no, never sufficient nudging
To shift the awful balance that had been previously foreswore–
That these awful birds of omen held over from the days of yore
Had doomed us with “Five to four.”
Each single word I was weighing, the game D.C.’s always playing,
Despite myself, taken in by the vile back and forth once more.
On this law there’ll be no bending, the back and forth is never ending,
Though we cry out for unity, it’s victory we look for,
But when that ugly fool’s gold is the prize that we all opt for
Then the prize is, “Five to four.”
Turning then to my oppressors, I became the new aggressor
Unleashing on them all the wrath I had pent up heretofore.
“Were you not all nine delighted when the citizens united
Or you sat in judgment o’er the case of Bush v. Gore?
Uninsured were not deplored, racial preferences galore?”
Quoth the ravens, “Five to four.”
“Jurists!” said I, “all divided!– never one, though sit united!
Whether Donkey sat or Elephant deposited before,
Determined though you are to lead us by example not at all–
In this land that’s so torn by strife– tell me truly, I implore:
What’s the chance for peace and brotherhood–tell me I implore!”
Quoth the ravens, “Five to four.”
Jurists!” said I, “still divided! Still deserve to be derided!
By that space that bends above us–by that God (that you won’t let His commandments be posted in a government building but somehow a six foot tall monument on government property is okay and how are those not blatantly conflicting rulings?) that we all adore–
Tell this soul with strife encumbered, if these days of pain are numbered,
Will the time come when we at last can put out the last flame war?
I beg you, can you tell me I will have the peace that I yearn for?”
Quoth the ravens, “Five to four.”
“Be that phrase our sign of parting, birds or fiends!” I shrieked, upstarting–
“Get thee back unto the night and to Baltimore’s polluted shores!
Leave no writ or other token of the cruel words you have spoken!
Leave my solitude unbroken!– quit the bench beside my door!
Take your damn conspiracy elsewhere and haunt me nevermore!”
Quoth the ravens, “Five to four.”
And the nation stands divided, never to be reunited,
Cursing politicians from north to south and from shore to shore,
Though we think they’ll keep us guessing, ain’t it really quite distressing
We’ve found out as Ackbar warned us that “it’s a trap!” to be sure,
We may all try to hope for change but we see forevermore
That the score stays 5 to 4.
Anarchy X: The Fifth Amendment
Posted: August 15, 2012 Filed under: Anarchy X, Politics | Tags: Anarchy X, Bill of Rights, double jeopardy, eminent domain, Fifth Amendment, Grand Jury, miranda rights, self-incrimination, Supreme Court Leave a comment“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
At last we get to the most popular amendment, and yet the one that people seem to know the least about. This clause is basically about preventing the State from using its power to abuse the rights of individuals. Everyone is aware of their right against self-incrimination (although good luck explaining it to your parents when you try to sneak in late at night), and most everyone knows what double jeopardy is (the Ashley Judd version, not the Alex Trebek version), but that last clause about eminent domain is a bit of a ringer, and the one that seems to be getting abused more and more of late. I’ll address each one in turn, along with my thoughts on each.
Grand juries show up in almost every court room drama, but we rarely think about them. One line an old buddy of mine was very fond of was “I can get a ham sandwich indicted”. Fortunately, it’s not quite that simple. This is the first line of defense against the overwhelming power of the State. “The prosecutor must recognize that the grand jury is an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges.” (US Attorneys Criminal Resource Manual)
Double jeopardy is another important defense against the power of the state for innocent people. It makes sure we don’t get dragged into court time and time again, constantly harassed just because the police or DA has managed to find (or “find”) some new evidence. I understand it can be daunting and even nerve-wracking sometimes to only have one chance to get it right, and there are a lot of good people on the job trying to get it right. But that’s the point, isn’t it? With all the resources dedicated to getting it right, how many resources are there dedicated to protecting the guy they decided is guilty who isn’t? How many times do they get to come after him before they finally say, “huh, maybe we should look into someone else?” This clause basically says “get your act together before you take your best shot, and no means no”. Nothing wrong with that.
Next, let’s talk about self-incrimination. This is central to the defense of innocent people in the power of the State. I know, I know, “if you’re innocent you have nothing to fear.” Sure. Just tell that to every person who’s been exonerated through DNA testing. Imagine that you’ve been arrested, and you can be compelled to testify against yourself. Where were you between two and four a.m. on the night of November 4, 2011? Don’t remember? Why not? You’re not hiding something, are you? Maybe I believe you, maybe I don’t. Or maybe you were at home, sleeping. Alone. With no witnesses… Or maybe you were doing something just a little illegal, but you don’t want to cop to it because it would implicate a friend. There’s any number of reasons you might not want to testify that I could turn against you if you have no choice in the matter. So yeah, I think this one is pretty important.
The one other thing I have to say on this is tangential, and it’s more of a pop culture pet peeve. It seems every time it comes up on a court room drama, someone is invoking their “Fifth Amendment privilege.” It’s not a privilege, it’s a right. A privilege is ice cream before bed, or hanging out with your friends at the mall. It’s something that can be taken away from you for not behaving the way you are supposed to. A right is something that is yours, and nobody can take it away. Get it straight, Hollywood.
Let’s not forget that due process gets covered here, too. This is particularly important in these days of terrorism, cyber-crime, and other horrific crimes such as mass shootings that get the public blood up. The “justice” of the lynch mob can be awfully tempting, but it is in truth simply awful, and the fact is that if we stoop to becoming that which we are fighting against, we lose the very thing we are fighting to protect. More to the point, there is no word here that says “citizen”, it is “person”. When we no longer hold ourselves to that high standard, acknowledging that people are born with rights, not granted them by a government, we lose the moral high ground and it becomes a simple matter of who has the biggest stick.
Finally we come to eminent domain, the “right” of the State to take property for “public use”. This is the one that seems to be getting the most abuse lately, as the definition of “public use” becomes more flexible with every passing day, as does the concept of “just compensation”. What exactly is “public use”? Is it a highway? A new school? According to the Supreme Court, it’s a forced transfer of private property from one private individual to another. As far as “just compensation”, that’s basically whatever the government says it is. It doesn’t matter if you wouldn’t take a million dollars for your home that your family has lived in for five generations, if the government says it is worth exactly $300,000, that’s what you get, and the city gets its new highway. Suck it up, it’s for the good of the community. You know, the community you were so proud to be a part of… until they bulldozed your house.
So maybe this last clause of the Fifth Amendment is not living up to what it should be. The rest are doing okay, although I still have concerns about self-incrimination in a world where the government is trying to compel people to turn over encrypted hard drives and get ISPs to give up your data even when you do everything in your power to keep it private (which also smacks of violating the First and Fourth Amendments, but hey, why not go for the hat trick?) At least we still have the Miranda decision working for us, which is something, and that brings up the best defense against government power: educate yourself. Not just on your rights, but on how to protect them, and on how they can be violated (and sometime are being violated). No piece of paper will do better than that.
Anarchy X: The Third Amendment
Posted: August 1, 2012 Filed under: Anarchy X, Politics | Tags: America, anarchy, Anarchy X, Bill of Rights, philosophy, politics 4 Comments“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”
You don’t hear much about the Third amendment these days. Everyone is more concerned with the Big Five as I think of them (First, Second, Fourth, Fifth, and Eighth) to worry too much about the rest except in theory or in extremis. And why should we? After all, when was the last time the U.S. Army knocked on your door and demanded that you put up a couple soldiers for the night? Doesn’t seem like something we really need to worry about in this day and age.
I like to look a little deeper and consider the philosophical and political ramifications of these things. As I have heard the rights of man explained in many courses and in many ways over the years, there are two approaches. The first, which is more popular (and populist) than I am comfortable with, is that as a member of a community and a citizen of a country, you owe something to your community and country simply by virtue of being a part of it. And no, paying taxes doesn’t cover your obligation. There is a presumption of first claim on your person, on your time, and on your livelihood. This would then naturally extend to a first claim on your belongings, including your residence.
The second way of looking at things is that people are born with certain rights (you might even call them inalienable). These rights exist with or without the presence of a community or a government, and in fact supersede any communal or governmental attempts to restrict or circumvent those rights. This does not mean you have no reason to participate in your broader community or government, but it does put very distinct limits on what can and cannot be asked or demanded of you.
It would seem to me that the Third Amendment more fully supports the latter belief than the former. While there is room in it (that clause “but in a manner to be prescribed by law”) for some impinging on an owner’s right to privacy in their own home, even that is restricted to times of war (and no, I don’t think the Wars on Drugs or Terror count). That being the case, there are several presumptions that flow therefrom quite logically that have a great deal of bearing on our modern lives. Not the least of these is the idea of government restrictions on how we use our own property, whether it is for housing or running a small business out of our own homes. I’m not a fan of zoning laws in general, but so long as there is no material impact on my neighbors that would be distinguishable from any other residential use, why does the government get a say?
While I’m on the subject of businesses, bear in mind that at the time the Constitution was written, for many business owners their business and their home were one and the same, and even now it’s as often a matter of semantics as reality to distinguish between a small business owner’s home and business. So why does the government get to dictate the terms of how that business is run? So long as everyone is there voluntarily, nobody’s rights are being violated. I know, being “forced” to work in an environment that allows smoking is a terrible burden. Far more so than, say, being out of work because the bar you had a job at went out of business when there wasn’t enough trade to support it… or maybe they just had to fire one bartender.
I have heard the counter-argument made, and I think it’s a fair one worth addressing, that if “every man’s home is his castle” you end up in an anarchic state where anytime you set foot on someone else’s property they can simply claim “this is my land, I make the rules, and I say you’re my slave now.” The counter to this is that the right to be secure in one’s home is based on the right of self-ownership, and that right extends to each and every individual. Violating that right in another is to surrender that right for yourself. That is the value I see in having a government in the first place: to defend the rights we each have against all comers, both foreign and domestic. However, the government that strips away those rights is no better than the brigand it is meant to defend against. I for one prefer the brigand; he is easier to bargain with, easier to fool, and if need be, easier to destroy.
Anarchy X: The Second Amendment
Posted: July 25, 2012 Filed under: Anarchy X, Politics | Tags: America, anarchy, Anarchy X, Bill of Rights, right of self defense, right to bear arms, Second Amendment, violence 9 Comments“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
What is it with those Founding Fathers? Once again, we have a set of words and clauses that obscure as much as they illuminate. I know, I know, some people look at this and say that it’s perfectly clear what it means. Unfortunately, I’ve had as many people tell me it clearly means one thing as I have had tell me it clearly means something diametrically opposed that the only thing I can say with certainty is that there is no “clear” meaning.
So here’s what I think this means, and I know this is not the most popular definition, but I’m going to put it out there: people have a right to defend themselves, from any and all comers. This includes state actors, foreign and domestic. Keep in mind that it was not so long before the drafting of the Constitution that a war was fought by the people, using their own weapons, to fend off an oppressive government. As the old saying goes, “fool me once, shame on you; fool me twice, national rebellion.”
For those who believe the purpose of this amendment was to establish a militia for national defense, and we don’t need that since we have a standing army or the National Guard or whatever else, allow me to point out that at the time this was written the people of this country already had plenty of experience with their government having a standing army. If you don’t believe me, check the Third Amendment. It exists specifically because of past experiences with the British army back when they were British citizens. However, we don’t need to restrict ourselves to the intent of the past; we can look to the present to consider what our best course of action is.
Consider the Arab Spring that so much has been made of, and Egypt in particular. So many people were elated when Hosni Mubarak was deposed, and they anticipated the rise of democracy. But a funny thing happened rather quickly. Turned out that it wasn’t really Mubarak who was in charge after all, it was the military. The guys with the guns. And they aren’t giving up so easily. The protesters might have won a major battle, but there’s a long war left to go.
This isn’t to say that the U.S. is the same as Egypt, not even close. But there were a lot of people who got very upset at the Patriot Act, and that’s not the only restriction on freedom we’ve seen in the last twenty years. What happens if this trend continues for another twenty years? What about if the protesters who occupied parks across the country feel they aren’t being listened to? What if they start to riot and get thrown in jail, and emergency powers are enacted to deal with the problem?
These aren’t likely scenarios, but they are possible ones, and they aren’t the only ones. They are simply a few of the ways that a government that has nothing to fear from the people can start to tighten its grip on the people it is supposed to protect, often with the best of intentions (and we all know everyone in government has the best of intentions, don’t we Messrs. McCarthy and Nixon?) And governments should be afraid of their people. Every day, in every way, governments should rule with a very light hand because they understand the price of choosing wrong.
Gun control advocates will try to claim there is a public interest in limiting the number and availability of guns, but why? How does that help? This is like any other sort of prohibition, in that the more you do it the more you drive the market underground, and the more you give profits to criminals.
The worst part is when good people start to use the exact rhetoric for gun control their opponents use in other circumstances without even batting an eyelash at the irony: “Register your guns; if you’re innocent you have nothing to worry about.” Sure. While we’re at it, let’s just go ahead and get fingerprints and DNA from everyone in the country as well. Same logic applies, right? Makes it easier to find the bad guy when a crime is committed. More accurately, too.
I’m not going to say something silly like “guns don’t kill people.” Of course guns can kill people. So can cars, knives, rocks, televisions, glass bottles, and (if you eat enough of it) my mother’s cooking. That doesn’t mean we try to ban those other things (although if anyone wants to try to ban mom’s cooking, sign me up.) We acknowledge the risks, and we do what we do in any situation: we enforce the laws we already have. If you hurt someone with a gun, you committed a crime and you should go to jail. Simple. That doesn’t mean that owning a gun should be a crime all by itself.
ADDENDUM: I originally wrote this post before the shooting in Aurora, Colorado. First, I would like to say my heart goes out to those who lost friends and family that day. To those who wonder if this changes my position on gun ownership, I regretfully have to answer no. This is a black swan event. I do not believe that extreme cases such as this make a good and justifiable case for any sort of gun control, as they are an example of the sort of individual I spoke of above who will find a way to hurt other no matter what, and punishing the vast majority of law-abiding citizens in an unreasoning attempt to protect us is specious and wrong-headed. However, in the name of fairness, I would like to direct anyone who is interested to this post by Jason Alexander, which represents the opposing view (h/t to R.L. Mirabal). While I do not agree with everything he has to say, I do believe he has some salient points to make and his post is well worth reading. If nothing else, he at least seems open to rational discussion, rather than simple finger-pointing and blindly clinging to one position. In times like these, more rationality and less blind ideology would be a nice change of pace from all of us.
Anarchy X: The First Amendment
Posted: July 11, 2012 Filed under: Anarchy X, Politics | Tags: America, anarchy, Anarchy X, Bill of Rights, freedom of religion, freedom of speech, freedom of the press, politics, religion 3 Comments“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Boy, that’s a mouthful, ain’t it? And it covers so much ground in so little space. Enough ground to keep us arguing over exactly what even one clause means over two hundred years later, and there are three distinct clauses that cover three, arguably very different, aspects of life. So why do all of these fall in the same amendment? And what does it all mean, anyway?
For me personally, it’s not just a matter of “these are the most important things, so let’s put them all first.” The entirety of the Bill of Rights was adopted at the same time, so there’s no reason to say any one amendment is more important than the others, and it’s kind of curious to try to mash together a bunch of unrelated ideas and hope they hold together (unless you think the Founding Fathers were the world’s first DJs. Come to think of it… dibs on that name.) There’s a common thread there, if you look past the surface and consider what the purpose of each of those acts is, and what their deeper meaning is and was at the time of the founding of our country.
I believe the First Amendment is about freedom of thought and the expression thereof. To be able to think or believe something is essentially meaningless in a society without the legal capability to express that belief, and each of those clauses covers one of the primary means by which people of the time communicated with each other. Whether from the pulpit or in the pews, by voice or the printed page, or even simply gathering in the town square and letting their voices be heard, these were the ways that people could let their thoughts and beliefs be known. So what are the implications for our modern society of that interpretation?
For starters, I believe that a strict literalist reading is just silly. To restrict the realm of free speech only to the items identified by a two hundred year old document is to assume that not only were the Founding Fathers great authors and statesmen, they were also prognosticators able to see the advances of technology yet to come and said, “Verily, that internet looks most interesting, but mayhap we best restrict the freedom of expression only to those technologies that exist in our day and age, lest we somehow bungle the whole experiment. Harrumph, harrumph.” (Because that’s exactly how they talked.)
Next, note that “Congress shall make no law respecting an establishment of religion“. That means that any law like prayer in schools, hanging of Commandments, or anything else that is an official state recognition of religion is out. This also covers pathetic dodges like attempting to make religious shrines “secular” monuments. By the same token, any attempt to restrict people from “the free exercise thereof” is also banned, so stopping folks from displaying a manger scene on their own property is as unconstitutional as banning a sign that says “God hates fags.” You don’t have to like it or agree with it, but it cuts both ways. That’s the way I read it.
Also, while it’s been said before, I think it’s worth noting and reinforcing that the First Amendment is not there to protect popular speech. That’s easy; if the majority of people like what you have to say or believe, and in particular if the people who trod the halls of power are comfortable with what you are saying and how you say it, then you have nothing to fear in terms of what you say or do being restricted. It is the unpopular speech, the vile speech, the speech we would prefer not to have to endure in our comfortable lives that most needs protection. Whether it is jerks who claim military service they never gave or idiots who deny the Holocaust, we need to protect and allow all speech. Let us not forget that there was a time in our country’s history when speaking out against slavery, or in favor of equal treatment for people of all ethnicities or genders, was equally offensive in polite society and the halls of power.
Finally, and this is the big one, expression is merely the final extension of thought. To give freedom of expression without freedom of thought is like saying “Any customer can have a car painted any color that he wants so long as it is black” (thank you Henry Ford.) Being given the choice between “yes” and “yes, please” is no choice at all. Likewise, hate crime legislation is wrong on two points: first, it presumes we can know the true thoughts and motivations of another person. Honestly, I don’t know why I do the shit I do half the time. I’m supposed to understand why other people do things? And even if I did, the First Amendment gives us the right to believe what we want. You don’t have to like it, and you don’t have to agree with it. If the way someone expresses those beliefs is a crime, then let them be punished in accordance with the crime they committed, but not for the thoughts in their head.
Unless we’re okay with making thoughts a crime.
Anarchy X: An Occasional Series on Politics and American Life
Posted: July 4, 2012 Filed under: Anarchy X, Politics | Tags: America, anarchy, Anarchy X, Bill of Rights, culture, just war, Lord Acton, politics, Ten Commandments, violence, von Clausewitz, war 1 CommentI decided it was time I got my thoughts on paper (yes, I’m old enough that I still think of typing as writing and my computer screen as paper) about politics, specifically the intersection of politics and American life, mostly because I’m American and that’s what I know. So the first place to start is with “what is politics?” Carl von Clausewitz famously wrote that “war is the continuation of politics by other means.” I happen to disagree; I think he got it completely backwards.
What is war? War is the wholesale application of violence to achieve specific material ends. Politics (at least one definition of politics and the one most applicable to von Clausewitz) is the wholesale threat of violence to achieve specific material ends. Dress it up as nicely as you want, at the end of the day that’s the difference between the two. If you don’t believe me, try to disregard the law of your choice and see if the nice policeman simply asks you politely to cease and desist, or if he may very well at some point consider utilizing some form of force to compel you.
That being the case, it’s all about which came first, the chicken or the egg, in this case the chicken being war and the egg being politics. Another way of considering it is to take it down from the wholesale level to the retail level: personal violence used to achieve specific material ends and personal threats of violence used to achieve specific material ends. This makes things much clearer: we have archaeological evidence of hominids doing violence to each other that predates our evidence of language. Ipso facto, politics is the continuation of war by another means.
Does this mean I abhor politics and everything it accomplishes? Not at all. I believe in self-defense, I believe in just war theory, and I believe it is preferable for us to talk out our problems than for us to fight out our problems. But I also believe that when we lose sight of what the tools we are using really are, then we tend to overuse them. When all you have is a hammer, every problem looks very easy to solve. The greatness of politics is also its weakness; it removes and distances us from the immediate pains and burdens of the violence of forcing our collective will on others, which makes it so much easier to use that force. Here’s another famous aphorism from Lord Acton, and this one I agree with completely: “Power tends to corrupt, and absolute power corrupts absolutely.”
So what does this have to do with American life, and why “Anarchy X”? By now you may have realized I have certain anarchist tendencies at heart, although many hard-core anarchists would thoroughly disagree with my stated opinions regarding the value of politics and war. The X is a reference to both the Ten Commandments and the original Bill of Rights, both of which have had a major effect on the shape of politics and culture in America and will be the launching point for future posts in this series. Hopefully I’ll cover other topics as well, but if I manage to cover all twenty of those, that’s enough ground to keep me busy for quite a while. It should be a fun ride.

