Coyote Blog

So I won't.  Which doesn't mean I haven't found all the squirming on multiple web sites immensely entertaining.  Jeff Goldstein, as is often the case, is perhaps the most entertaining.  While Jeff will never be invited to speak at a MoveOn rally, on the other hand it is about as easy to lump him in with Pat Robertson as to group "Little House on the Prairie" into a double feature with "Team America World Police."

Though I am not convinced it is an especially apt comparison for the Coulter remark, I did particularly note one observation.  Goldstein's commenter said, in part, this:

I am reminded of the whole "niggardly" thing.  Of course, we KNOW what
it means.  But, you cannot really use it unless you want to be
misunderstood and have your message distracted.

Jeff responded:

This is, of course, quite stunning and more than a bit dangerous to the cause of liberalism.

I mean, look again at what Steve just argued:  "Of course, we KNOW what
it means.  But, you cannot really use it unless you want to be
misunderstood and have your message distracted."

Translation: We know what it means, but we must assume nobody else does.  Therefore, their misunderstanding is to be countenanced and massaged"”which, in effect, empowers ignorance
rather than treating it as ignorance.  It is the perfect example of the
intellectual welfare state:  rather than working to force people to
break out a dictionary, we'd rather provide them with succor because,
well, they can't really be expected to learn things on their own,
right?  Those kinds of people?

I don't read Protein Wisdom all the time, so I am not sure if "intellectual welfare" is a term Goldstein uses a lot.  I coined it independently a few years ago, when discussing social security.

Here is all you need to know to understand the two political parties as they are in 2007:  Both parties want to return to the 1950's.  The Republican Party wants to return to Leave-it-to-Beaver type social/sexual options and media offerings.  The Democratic Party wants to return to the large company / heavily union work models and economy of the 1950's. 

Which makes the titles "Conservative" and "Liberal" worse than meaningless, since each vision is inherently small-c conservative.  Both fear change, diversity, and risk, though in different sectors of our lives.  In some sense this is the real culture war, between dynamism and fear of change.

I sure wish I could like activists like Al Gore.  Last night, at the Oscars, he was charming and passionate.  He has something he cares deeply about and flies around the world speaking about.    It's terribly compelling, which you could see in the reaction Al got last night from an adoring audience and various fawning actors.

And if Mr. Gore were there last night to convince the audience to get out of their stretch limos and G-V's and drive Prius's and use compact fluorescent bulbs, I'd be fine.  Sure I might laugh that it was all pointless and the movie Inconvenient Truth was terribly overblown, but its a free society and Mr. Gore would be welcome to make his call to other individuals that they change their lifestyle. 

Unfortunately, Mr. Gore's only goal last night was not just to rally the TV audience to change its lifestyle.  The more important goal was to increase the likelihood that government will compel Americans to do what Mr. Gore wants.  And this is what makes me cringe nowadays when I hear the term "activist."  I don't want to cringe, because passionately advocating for you cause, even if I disagree with it, should be part of the rich fabric of a free society.  Unfortunately, though, at the heart of nearly every modern activist's agenda is compulsion -- the desire to use the coercive power of the government to force you to do something you would not otherwise choose to do.  It is the very unusual activist today who is not trying, whether they admit it or not, to chisel away at individual freedom for some "higher cause."

By the way, speaking of higher cause, did anyone else note the religious parallels in the green-speak last night at the Oscars?  You had Al Gore in the role of Bill Graham, with several people talking about how Al had helped them "see the light."  Even more amazing to me was the parallel with a confessional at Catholic Church.  I have been lucky enough in the past to attend the Academy Awards, and I can tell you from experience what was sitting right outside:  The largest collection of stretch limousines you can ever imagine -- I am talking about enough limos to create a traffic tie-up four lanes wide and extending back for miles, all running their engines for six hours waiting to whisk stars to late-night parties and private jets.  I am fairly certain that no other small group in America generated more CO2 yesterday through their private use than the audience at the Oscars.  Yet by declaring the Oscars to be "green", voting for an Inconvenient Truth, and cheering Al Gore, the audience was in effect saying 10 hail mary's in the confessional, washing away all sin. 

Update:  How I can be sure Al Gore's activism is about government control and not individual action:

Drudge reports  that Al Gore's Nashville mansion consumes more than 20 times the average amount of power for an American household.

Since
Gore's whole deal is that civilization-saving absolutely and vitally
requires an action on everyone's part that he seems to refuse to do
himself, it leads one to wonder about how this whole global warming
thing is going to play out with the public and with the government.
(Unless Gore's house is powered completely or partially off a
conventional coal-burning grid, which doesn't seem to be true based on
Drudge's piece.)

Does Gore's seeming inability to curb his
power consumption--which has apparently grown since the release of his
Oscar-winning flick--mean it isn't true that we really do all
have to scrupulously use less carbon-burning energy or doom the planet?
No. But it does make it a little hard to believe that he really
believes it--or that if even the biggest believer in global warming of
all can't control himself in this regard, that a serious planetwide
reduction in the short or medium term short of draconian outside
controls has much hope.

A man is fighting for his life, and the jackals and vultures of both parties are trying to figure out how his death might affect their own political power.

CBS's venerable television newsmagazine 60
Minutes on Sunday will focus on Arizona Republican Rep. Jeff
Flake's battle against "earmarks" and congressional overspending and
government waste.

CBS News veteran Morley Safer is the correspondent on the piece, which is
expected to include interviews with Flake and his uncle, state Sen. Jake
Flake, R-Snowflake, from August.

The Flake segment is scheduled to lead the program, which airs locally at 6
p.m. Sunday on KPHO-TV (Channel 5).

For a summary of the segment, which will run on Sunday, November
5th, please click on:

 

http://www.cbsnews.com/stories/2006/11/02/60minutes/main2145860.shtml

Update: A bit of the video is here in the Buried in the Fine Print section about 3-4 videos down.  Go, Jeff, go.

I noticed the other day that a Michigan judge, up for confirmation on some federal court (sorry, I can't find the link) was getting challenged by a Midwest Republican Senator for having attended a gay civil union ceremony of some sort.

Oops.  I have attended a gay civil ceremony between two acquaintances of mine.   I can't remember hearing any roar from the foundations of civilization crumbling, though I am told that such will be the result of allowing some form of gay unions. 

I just don't see the problem.  Everyone says that gays marrying is a threat to marriage, but I can't see my marriage becoming any less strong because gay people are marrying.  It would be one thing if the government was forcing such marriage rules on churches, but they are not -- we are talking civil ceremonies here.  Besides, the whole "sanctity of marriage" ship sailed long ago with the advent of easy and frequent divorce.  So, though I would greatly prefer such issues solved in the legislature where they belong, and not by judges, I just sort of shrug at the decision in New Jersey.  Twenty years from now, this debate is going to seem so...  so....  what the hell do we call this decade anyway?  We have the nineties, the teens, and a big blank in the middle.  How can we be nearly 70% through this thing (yes its 70%, not 60%, think about it) and no one has come up with a good name for it?

With the proviso that I don't know anything about the people involved, I will say this controversy seems to be about nothing. 

Maryland Lt. Gov. Michael S. Steele accused a leading Democratic
congressman yesterday of racial insensitivity for saying the Republican
candidate has "slavishly" followed the GOP.

Steele, an African
American running for the U.S. Senate, was reacting to remarks by House
Minority Whip Steny H. Hoyer, who characterized Steele this week as
having had "a career of slavishly supporting the Republican Party."

To say someone is "slavishly following" or showing "slavish devotion" is so common that I think you have to give the benefit of the doubt that the intention was not racial.  Here are some Google searches:

• Slavish devotion: 221,000
• Slavish supporter: 161,000
• Slavish follower: 49,900

This is perhaps the dumbest fake-racial-gaffe since the kerfuffle in Washington about the word "niggardly" or the airline passenger lawsuit against saying "eenie meenie minie moe."  I could not find even one article in a quick scan that seemed to have any racial context -- these are merely very common phrases used in political discourse because they imply someone is somehow an unthinking tool of some organization rather than a person who thinks for himself.

By the way, it's illuminating to see the Republicans play the race / political correctness card in the
heat of political battle just as fast as the Democrats would.  Which, ironically, seems to be just as fast as Democrats are willing to play the "Don't vote for the gay guy" card, which is usually thought of as a Republican political tool.  Can anyone still believe that there is any real difference between the two parties?

I don't usually report on the minutia of politics or polling, mainly because it bores me to tears, but I had to make this post because it lets me use one of my all-time favorite terms.  Bush's recent rise in the polls reminds me very much of that great investment term "dead cat bounce."  (If it falls far enough, even a dead cat will bounce).   I've always suspected that many of the technical analysis used on Wall Street to analyze stock trends could be applied to political polls, since they encompass some of the same group distributed consensus building.   I can see it now, Paul Kangas reporting that President Bush is experiencing a break-out to the upside...

By the way, are there really people who change their opinion about the war, about the president, about how they will vote on a weekly basis?  It sure seems like there are 5-10% of Americans who blow around with the wind.  I don't mean change your mind once, like changing your mind on the war.  I mean back and forth every week.  Otherwise, how does one explain the fluctuation in the polls, particularly when the amount of the fluctuation is outside the error range?

This reminded me a bit of the Michael Keaton Batman movie, where the Joker was handing out money to voters in a bid for popular support:

The Capitol Hill newspaper writes that Democratic
House challengers "think they have found a clever way to harness voter
anger over high gasoline prices" by selling it for less, a move that
Republicans defending their seats say is "tantamount to vote buying."

Rep. Ron Lewis (R-KY) has asked the U.S. attorney in
Louisville to investigate whether his opponent, Democrat Mike Weaver,
violated criminal code with his recent "cheap gas event"
at an Elizabethtown station, where motorists filled up for $1.22 a
gallon "“ the price of gasoline when Rep. Lewis took office in 1994.

Beyond the obvious question of just what the hell Ron Lewis had to do with or could have done to stop the run-up of gas prices from $1.22 to their current levels, it would be interesting if this turns out to be legal at the same time that actual political speech is illegal.

I don't know election law very well.  Clearly handing out subsidized gas below cost as part of a political rally is roughly equivalent to handing out $20 bills to anyone who attends said rally.  The party officials involved argue that this activity is legal as long as there is no way to track who got the largess or to tie the money handouts to actual voting decisions:

"The gas is available to whomever wishes to purchase it
at the subsidized sale price for a short time ... there's no condition
attached," Bauer told the newspaper, adding that there is no way to
track whether motorists purchasing the lower-priced fuel are registered
to vote in the district the candidate is running for, or whether they
will vote at all.

I don't know election law very well, so I will ask the readers.  If I was running for office, and holding a publicity event at which I handed out $20 bills to attendees, would that be a legal election practice if, as with the party's logic above, I hand them out to all comers regardless of their voter registration status or party affiliation and I don't do anything to track who they are?

One of the advantages of not being a partisan of either the Democrats or Republicans is that I have more flexibility to actually say what I believe, without worrying that something I am saying might actually give aid and comfort to my political enemies.  I have always felt that it is really, really difficult and rare to become actively political without sacrificing consistency in your deeply held beliefs, particularly since both parties represent such an inconsistent hodge-podge of positions.  The irony of this has been, at least until the advent of blogging, that I could be smug about maintaining my philosophic virginity but I left myself no avenue to make any impact with my strongly held beliefs.

Given this, I was therefore struck by this, from Cathy Young at Reason, writing about Yale's future Taliban student:

One striking aspect of this controversy is the reaction from Yale's liberal
community. Della Sentilles, a Yale senior, recently
wrote a
piece
for the Yale Herald denouncing such manifestations of rampant
misogyny at Yale as the shortage of tenured female professors and poor
childcare options. On her blog, a reader asked Sentilles about the presence
at Yale of a former spokesman for one of the world's most misogynistic
regimes.
Her reply:
"As a white American feminist, I do not feel comfortable making statements
or judgments about other cultures, especially statements that suggest one
culture is more sexist and repressive than another. American feminism is
often linked to and manipulated by the state in order to further its own
imperialist ends."

It appears Ms. Sentilles, beyond having a lot of multi-cultural baggage, is terrified that if she actually criticizes Afghanistan in any way, she is somehow giving aid and comfort to the Bush administration, which feminists have declared enemy #1.  The politics of US presidential elections, in this case, trump criticizing a regime that treated women worse (by far) than the US has at any time in its history.  Which of course is one of the reasons* that women's groups in this country are sliding into irrelevance, putting their support of a broad range of leftish causes above speaking out on what is essentially apartheid-for-women in the Middle East  (I say essentially, because women are actually far worse off in much of the Middle East than blacks ever were in South Africa).  Whereas a decade ago the left was marching in the street to better the lot of blacks in South Africa, they are strangely mum on women in the Middle East. 

As a result, I can lament the condition of women in the Middle East, acknowledge that Saddam was a blight on humanity, but still oppose the war in Iraq as not worth the cost (when "cost" is defined broadly enough to include not must money and men but also opportunity cost).  I can adopt this position because I am not required to put on the Republican happy face or Democratic America-always-sucks face.

* Another reason is that it may be time for women to declare victory.

ABCNews is running a series on some interesting documents found among released Hussein-era Iraqi government docs.  I am not going to react to them in terms of how they affect the decision to go to war, in part because we have no idea how representative 6 or 7 damning documents are out of thousands that we have not yet been shown (a similar problem the Enron jury will soon face).  Also, for reasons below in the footnote**.

My main reaction to these revelations was "wow, how badly does the Bush administration suck at communication?"  After taking three years of criticism over exactly some of the issues addressed in these documents, and presumably others we have not yet seen, the administration just sat on this stuff and refused to release it?  Clinton's folks would have had one of these presented each morning of every day for a year to the press with a little bow around it.  I am flabbergasted that there are so many conspiracy theorists who think this administration has some special Karl-Rovian-mad-science to orchestrating events.  To me, their PR successes look more like Peter Sellers accidentally avoiding numerous assassins in The Pink Panther Strikes Again.

** In the end, I think the Iraq invasion will be looked at as "worth it" historically if its effects resonate beyond Iraq, e.g. it provides a beacon of democracy around which other democratic elements in the middle east coalesce and grow stronger.  If Iraq turns out to be just about Iraq, the world will be well-rid of a nasty dictator but the US will have spent a great deal of its available armed forces and treasure and influence and prestige on a single screwed-up dictatorship, while ignoring tens of others who also brutalize their people and who also support terrorism.  Against this definition of success, the recently revealed documents don't do much for me one way or the other.  They do, however, strongly effect my opinion of Russia.  Why Bush continues to give Putin a pass is beyond me.

Anyone who is still trying valiantly to take our Congress seriously can stop now:

Rep. Joe Barton, R-Ennis, chairman of the
Subcommittee on Commerce, Trade and Consumer Protection, will conduct a
hearing next week about the BCS....

When asked to explain the timing of the hearings, a spokesman for
Barton referred to BCS history. Before this season, four of the seven
BCS years have resulted in championship game controversy.

"The BCS system was created to identify a broadly accepted national
champion, but 57 percent of the time it has failed to do so," Barton
said in the news release. "Most coaches who lose 57 percent of their
games would also lose their jobs. Yet that's what we settle for in
determining a champion today."

Wow, it must be the 30th Amendment:  Congress shall make no law abridging the right of Division 1 college football fans to have a clear national champion.  I wonder if this is just a ploy to get free Rose Bowl tickets?

Everyone in Congress.  Go home.  Now.  Don't come back.

Imagine that you are in a budget meeting at your company.  You and a number of other department heads have been called together to make spending cuts due to a cyclical downturn in revenue.  In your department, you have maybe 20 projects being worked on by 10 people, all (both people and projects) of varying quality.   So the boss says "We have to cut 5%, what can you do?"  What do you think her reaction would be if you said "well, the first thing I would have to cut is my best project and I would lay off the best employee in my department". 

If this response seems nuts to you, why do we let politicians get away with this ALL THE TIME?  Every time that politicians are fighting against budget cuts or for a tax increase, they always threaten that the most critical possible services will be cut.  Its always emergency workers that are going to be cut or the Washington Monument that is going to be closed.  Its never the egg license program that has to be cut. 

I am reminded of this in driving long distance this weekend and I picked up, by one of those random late night AM skip-distance things, a station in Colorado, and it was full of commercials threatening dire consequences (old people will go hungry, kids won't get an education, emergency workers won't be there for your heart attack) if voters don't overturn TABOR, which is the tax plan that has, for over a decade, limited tax revenue collections to population growth plus inflation.  When I was in Colorado, I loved TABOR (the Cato institute has a nice article on why you should too) and really loved the tax refunds I often got because of it.

TABOR provides a fairly constant revenue stream to the government, in good times and bad.  When times are good, the government is flush, and when times are bad the government runs short (due to unemployment payments, more welfare, etc.).  Many of us in cyclical businesses deal with this all the time, and seem to be able to cut marginal programs added in good times that we can no longer fund in bad times.  Politicians are incapable of this.  Many businesses also underspend revenues by a wide margin in good times, knowing they will need the reserves in bad times.  Politicians are also incapable of this.

On Tuesday, Colorado voters will decide if they will require Colorado politicians to take the same responsibility for fiscal management that everyone else does in their private business lives, or if they will bail them out of their incompetance with more of their money. 

Going back to my example of suggesting in a budget meeting that you will cut your best programs and people in a budget crisis, would you expect to get more budget or to be fired?  Why can't we do the same with politicians?

Update: Bummer.  Coloradans voted to roll back TABOR.  Glad I don't live there anymore.  Roundup at Hit and Run.

Apparently not daunted by the how the Senate embarrassed itself in overturning his first amendment, Coburn is doggedly trying again:

Dr. Coburn, joined by Senators Sam Brownback, Jim DeMint, John
Ensign, Lindsey Graham, John McCain and John Sununu, proposed the
following actions to offset hurricane relief spending:

 

"¢ A freeze on cost-of-living adjustments for federal employees,
including members of Congress, with the exception of law enforcement
and military personnel.

 

"¢ A two-year delay in implementation of the Medicare prescription
drug benefit except for low-income seniors who would receive $1,200 in
assistance with their drug discount cards.

 

"¢ A requirement that those with higher incomes pay higher Medicare
Part B premiums in 2006, rather than in 2007 as currently scheduled.

 

"¢ Eliminate $24 billion in special project spending in the recently passed highway bill. 

 

"¢ A cut of 5% to all federal spending programs except those which
impact national security, with 1% set aside for funding of essential
programs.

 

The package of offsets proposed today could save the American taxpayers nearly $130 billion over two years.          

Arizona is the only state who had both its Senators support the first Coburn amendment, but I am never-the-less writing both to encourage them to hold tough. 

I must confess to being at a loss over the whole Valerie Plame leak affair, which strikes me as mostly a political battleground between the two parties, so I have not really tried to figure it out. 

However, one thing struck me reading a story about it the other day:  The only thing that was clear to me was that folks on the left seem to envision an ultimate goal of bringing down either Karl Rove or Dick Cheney.  From a short-term political standpoint, I suppose this might be satisfying.  From a longer-term view, say out to 2008, it seems stupid to me.

Let's take Karl Rove first.  I have to take the left's word for it that he is an evil political genius.  But if so, why would you want the guy out on the street.  Right now he is wasting his talents on a lame-duck president who can't run in 2008, and neither can his VP.  Why do you want to put this powerful piece of electioneering artillery out on the street, available to a Republican candidate several years in advance of 2008?

The backfire from bringing down Cheney seems even worse.  As I pointed out a year ago, 2008 will be the first election in 50+ years where there is no incumbent VP or president running for either party.  There is nothing Republicans would love to do more than have a VP spot they could fill with a 2008 candidate.  The GOP Party apparatus would love it, because both Parties secretly long for a return to the day of smoke-filled rooms (rather than primaries) for selecting their candidates, and this would give Party leaders more control of the outcome.  There is nothing either party hates more than having Iowa select its candidates from an open slate - being able to choose a new VP would allow the GOP to effectively choose a front-runner.  The GOP would benefit no matter who is put in the position, because the suddenly have an incumbent running, with the advantages of being an incumbent, in 2008.  Does anyone doubt that the VP would suddenly get extra visibility over the next few years, as Clinton did for Gore?  Finally, Bush would love it, because it would give him another Miers-type opportunity to reward a friend (or crony, as your perspective may dictate) such as Condoleeza Rice.

I have never really waded into a debate about Supreme Court nominees before.  On John Roberts, my only comment was to laugh at how stupid the Senate confirmation hearings were.

This time, I feel the need to make an exception on Hariett Miers.  In a previous post, I called her the anti-libertarian, and more than ever I am convinced that that assessment is correct.  Everyone inside of the beltway seems to love talking points, so here are mine:

• She does not meet any sort of minimum qualification level to be a Supreme Court judge, politics notwithstanding.  This is a crony pick, pure and simple.  From George Will:

Furthermore, there is no reason to believe that Miers's nomination
resulted from the president's careful consultation with people capable of such
judgments. If 100 such people had been asked to list 100 individuals who have
given evidence of the reflectiveness and excellence requisite in a justice,
Miers's name probably would not have appeared in any of the 10,000 places on
those lists....

It is important that Miers not be confirmed unless, in her 61st year,
she suddenly and unexpectedly is found to have hitherto undisclosed interests
and talents pertinent to the court's role. Otherwise the sound principle of
substantial deference to a president's choice of judicial nominees will dissolve
into a rationalization for senatorial abdication of the duty to hold presidents
to some standards of seriousness that will prevent them from reducing the
Supreme Court to a private plaything useful for fulfilling whims on behalf of
friends.

• She threatens to be a judicial Pat Buchanon:  Conservative on social issues, interventionist on economic issues.  In other words, the anti-libertarian.  From John Fund:

One White House
source says the positions she took in staff meetings might surprise her
business supporters. He said she leaned conservative on social
questions and liberal on economic issues. Bruce Packard, a former
partner at Ms. Miers' law firm, also cautions that she may be more
complicated than people expect. 'She is very reticent to ever discuss
her own views and liberal on issues other than abortion,' he told me."

• Though not discussed very much, her leadership of the Texas Bar Association, which is touted as perhaps her highest judicial qualification (interesting, since its just a bureaucrat job) makes me very very nervous.  Someone is going to have to try to get control of the tort situation and start resetting the rules of courtroom procedure to bring more sanity to liability trials.  I guarantee that a person who headed the Texas Bar Association, home of some of the most outrageous millionaire tort lawyers in the country, is not going to do anything to bring sanity to tort law.

As a note, I don't really cast my vote one way or the other based on abortion -- I have a viewpoint on it, but its not my hot-button, or even in my top 10, issues.  However, I kind of hope Miers turns out to be clearly anti-abortion so that Democrats will find a reason to join some Republicans in opposing her.  Until that happens, Democrats seem to be following Napoleon's dictum of not interrupting your enemy when he is making a mistake.

Update:  Dahlia Lithwick and I would probably not agree on the reasons for opposing Miers, but you have to love this quote, explaining why she gets paid and I do this for free:

So I am begging now. This is embarrassing. End it. Karl Rove: Either plant the
500 pounds of cocaine you keep for such occasions in Miers' car, or trot out
some actress to play her bitter, gay ex-lover. You have the power to end this.
So do whatever it is you do. But end the unnecessary pain and suffering now,
before someone really gets hurt.

Update #2:  I oppose the Miers nomination.  Hopefully, this gets me registered for this page by NZ Bear, tracking blog positions.

Hariett Miers, the anti-libertarian:

One White House
source says the positions she took in staff meetings might surprise her
business supporters. He said she leaned conservative on social
questions and liberal on economic issues. Bruce Packard, a former
partner at Ms. Miers' law firm, also cautions that she may be more
complicated than people expect. 'She is very reticent to ever discuss
her own views and liberal on issues other than abortion,' he told me."

I got a fair amount of grief for being unfair when I posted this about Louisiana politics.  Based on emerging evidence, I stand by my assessment:

Acting New Orleans Police Superintendent Warren Riley said Thursday
that as many as 40 officers from the department's 3rd District,
including the commanding captain, are "under scrutiny" for possibly
bolting the city in the clutch and heading to Baton Rouge in Cadillacs
from a New Orleans dealership.

As many as 200 cars may have been stolen from this dealership by police deserting their posts in New Orleans.  Those trying to defend the police as merely commandeering the vehicles in an emergency will have to explain why 1) They were leaving the city without leave from their commanders and 2) Why Cadillacs are missing but Chevy's from the same district appear to be mostly undisturbed.

I hate to be the only one in the blogosphere who does not link it, and since this is the only blog my mom reads, here is George Will's take on the Harriet Miers choice.  I am not sure there is much more to say than this.  First, he dispatches the Bush "trust me" argument:

It is not important that she be confirmed because there is no evidence that she
is among the leading lights of American jurisprudence, or that she possesses
talents commensurate with the Supreme Court's tasks. The president's "argument"
for her amounts to: Trust me. There is no reason to, for several reasons.

He has neither the inclination nor the ability to make sophisticated judgments
about competing approaches to construing the Constitution. Few presidents
acquire such abilities in the course of their pre-presidential careers, and this
president particularly is not disposed to such reflections....

In addition, the president has forfeited his right to be trusted as a
custodian of the Constitution. The forfeiture occurred March 27, 2002, when, in
a private act betokening an uneasy conscience, he signed the McCain-Feingold law
expanding government regulation of the timing, quantity and content of political
speech. The day before the 2000 Iowa caucuses he was asked -- to ensure a
considered response from him, he had been told in advance that he would be asked
-- whether McCain-Feingold's core purposes are unconstitutional. He
unhesitatingly said, "I agree." Asked if he thought presidents have a duty,
pursuant to their oath to defend the Constitution, to make an independent
judgment about the constitutionality of bills and to veto those he thinks
unconstitutional, he briskly said, "I do."

Then he takes on Miers's credentials:

Furthermore, there is no reason to believe that Miers's nomination
resulted from the president's careful consultation with people capable of such
judgments. If 100 such people had been asked to list 100 individuals who have
given evidence of the reflectiveness and excellence requisite in a justice,
Miers's name probably would not have appeared in any of the 10,000 places on
those lists....

It is important that Miers not be confirmed unless, in her 61st year,
she suddenly and unexpectedly is found to have hitherto undisclosed interests
and talents pertinent to the court's role. Otherwise the sound principle of
substantial deference to a president's choice of judicial nominees will dissolve
into a rationalization for senatorial abdication of the duty to hold presidents
to some standards of seriousness that will prevent them from reducing the
Supreme Court to a private plaything useful for fulfilling whims on behalf of
friends.

Quoting Bill Paxton:  "That's it man, game over man, game over".  I understand that politicians want to reward their supporters, but that's what ambassadorships to friendly countries are for.  Not FEMA.  And certainly not the Supreme Court.

  Is it too late to nominate Billy Carter to the high court?

I know nothing about Bush Supreme Court nominee Harriett Miers other than she adds yet another possible way for people to misspell my last name.  Todd Zwycki at Volokh has this take, and it doesn't sound too good:

These appointments thus seem to confirm a common criticism of this
President--that he is uninterested in ideas and interested only in
power. While they may both turn out to be perfectly fine Justices, both
Roberts and Miers appear to be both uninspired and uninspiring in terms
of providing intellectual leadership on the Court. The Administration
seems to be narrowly obsessed with winning minor tactical victories
(here, an easy confirmation of a stealth candidate) while consistently
failing to follow-through with meaningful long-term strategic victories
(an opportunity to change the legal culture).

In the end, of course, the lack of a strategic vision means that
even the tactical victories tend to be reversed (for instance,
temporary tax cuts will likely fall victim to the inability to control
spending). As Reagan understood, you have to first have the long-term
strategic vision in mind so that you know when to make tactical
compromises. Ideas are the long-run motivating force of history.
Tactics without strategy, by contrast, leaves you rudderless.

Beyond his evaluation of Miers, I really like his assessment of Bush, which strikes me as dead-on.  I still think Janice Rogers Brown was the choice.

Update:  Apparently, she was on the Dallas City Council when I lived there in the early 90's, but I sure don't remember having heard of her.  And how serious a candidate can anyone be for the Supreme Court if they were on a freaking city council a decade ago -- can you see any of your city council members on the Supreme Court in 10 years?  And by the way, what are the odds that Bush's personal friend and lawyer will do anything to reign in the new powers to suspend habeas corpus that the administration has granted itself.

My liberal in-laws always give me this strange condescending look whenever it comes up that I have voted for a Republican at some point in time, that same look you might give the otherwise beloved family dog that keeps pooping on the front lawn.  As a libertarian, I seldom fully agree with any political candidate of either party.  Every election is a tradeoff:  Do I vote for the unelectable and perhaps truly odd Libertarian candidate?  Or do I vote for a mainstream party with which I disagree with about half of everything they promote?

So here is how I normally make the decision:  On pure self-interest.  Since, as a small business owner, I am much more likely to need strong protection of property rights than I am going to need an abortion, a gay marriage, or legal marijuana, I end up voting Republican more often than I vote Democrat.  For this reason, the Republican party has generally garnered a good many libertarian votes, and the two most identifiable libertarians in Congress (Flake and Paul) have both called themselves Republican, though I am sure with some reservations.

This relationship, however, may be at an end as Republicans are disavowing their libertarian wing, and returning to their large government tendencies of the 1970's.  Bush and his buddy Tom Delay are turning out to be classic Nixon Republicans.  The most recent evidence comes from the fact that the following is not from our Republican President, or our Republican Speaker of the House, but from the for-god-sakes Washington Post:

But this spirit of
forbearance has not touched the Louisiana congressional delegation. The
state's representatives have come up with a request for $250 billion in
federal reconstruction funds for Louisiana alone -- more than $50,000
per person in the state. This money would come on top of payouts from
businesses, national charities and insurers. And it would come on top
of the $62.3 billion that Congress has already appropriated for
emergency relief.

Like looters who seize six
televisions when their homes have room for only two, the Louisiana
legislators are out to grab more federal cash than they could possibly
spend usefully. ...

The Louisiana delegation has apparently devoted little thought
to the root causes of the Hurricane Katrina disaster. New Orleans was
flooded not because the Army Corps of Engineers had insufficient money
to build flood protections, but because its money was allocated by a
system of political patronage. ...

The Louisiana bill is so preposterous
that its authors can't possibly expect it to pass; it's just the first
round in a process of negotiation. But the risk is that the
administration and congressional leaders will accept the $250 billion
as a starting point, then declare a victory for fiscal sanity when they
bring the number down to, say, $150 billion. Instead, Congress should
ignore the Louisiana bill and force itself to think seriously about the
sort of reconstruction that makes sense.

The Republicans are lost.  Combine this kind of spending with their Patriot Act and Sarbabes-Oxley driven Big-Borther-Is-Watching intrusiveness, luke-warm committment to free-trade, and bizarre , and I find nothing at all attractive about the party.  Only the economic insanity of the opposition party continues to keep Republicans in power. 

More on the Louisiana money grab here.

Whether it is the French influence or the long shadow of Huey Long's patronage driven socialist experiment, Louisiana has a tradition of bad government.  I remember several years ago the governor's race featured a Nazi running against a convicted felon (convicted in office of bribery and influence peddling, if I remember right).

So one of the problems with the management of Katrina problems is that Katrina hit Louisiana, the US's own version of Haiti.  Don't believe me?  This is already coming out, and you can be sure there is more:

Police found cases of food, clothes and tools intended for hurricane
victims in the backyard, shed and rooms throughout the home of a chief
administrative officer of a New Orleans suburb, officials said
Wednesday.

Police in Kenner searched Cedric Floyd's home Tuesday because of
complaints that city workers were helping themselves to donations for
hurricane victims. Floyd, who runs the day-to-day operations in Kenner,
was in charge of distributing the donations.

The donations, including lanterns, vacuums and clothes with price
tags attached, had to be removed in four loads in a big pickup truck,
Kenner police Capt. Steve Caraway said.

"It was an awful lot of stuff," he said.

Technorati Tags:  Katrina

President Bush's call for Katrina spending to be offset by budget cuts has spurred a blogosphere effort to identify local pork urge Congress to cut the pork.  I am 98% behind this effort (the missing 2% being that the effort is spurred by a desire to spend the money somewhere else, rather than sending it back to taxpayers where it belongs).  Glenn Reynolds post that got the ball rolling is here.  His followup posts are here and here.  I will note the irony that I recently compared Don Young (of Alaska bridge to nowhere fame) to Huey Long (of multiple bridges to nowhere fame), given that we are looking to cut Don Young's pork to help Huey Long's old stomping ground.

Edward at Zonitics has already identified one of the most visible chunks of AZ pork, that is our earmarks in the recent highway bill.  These include nearly five million for a couple of pedestrian bridges, plus hundreds of millions for a rail system to run empty trains to compete with our empty buses.  Why does the rest of the country need to pay for Phoenix's growth?  Heck, we just took the money the feds saved us on this junk and spent it subsidizing a stadium for the Cardinals, for god's sakes.   I will note that of the mere 8 people who voted against the highway bill, 2 were from Arizona, including my 3rd district Congressman John Shadegg and libertarian Jeff Flake.  Flake, consistent with his libertarian principles (or in retribution for them?) represents the only district in the country without an earmark in the highway bill.

So, to push the ball forward, I will add another bit of Arizona pork.  I wanted to include some items form the energy bill, but I can't find a state by state impact.  But I can find, thanks to the environmental working group, a nice summary of farm subsidies to Arizona.  Here is a summary for the most recent year they have data:

And here is the same data but cut by recipient, with just the top 20 included:

I don't know all these folks, but I can say that all of the first three have extremely profitable casinos they operate.

I am writing my letter now to the my Congressman and Senators, and will post a copy as an update when I am done.  The ubiquitous NZ Bear has a data base he is building of pork identified.

Technorati tag:  porkbusters.

I had trouble getting going this morning on work -- I had to drop my son off at school at 5AM for a field trip, and I am sitting in my office refusing to address the pile of work in front of me.  So I skimmed over some of the transcripts from the Roberts confirmation hearings.  He seems like a pretty qualified guy, and since he is conservative I expect to agree with him some and disagree with him other times (which is different from my reaction to liberal judges, whom I disagree with some and agree with at other times).

But from reading the transcripts, I was left with one overriding impression:  While I might agree to confirm Roberts to the Supreme Court, I probably would not, if given the chance, confirm many of the Senators on the judiciary committee to their office.  What a bunch of posturing morons.  Many of them seemed like wind up toys reading questions from their staff that they didn't really understand, and all of them come from the Sean Hannity school of interviews, where in a 20 minute interview the questioner talks for 18 minutes.

Jeff Taylor at Hit and Run:

It is official. The GOP is now exactly in the same position Democrats
were in circa 1993 -- the disconnected, unapologetic party of bloated
federal government. Only demographic trends and the Democrats'
steadfast refusal to evince a lick of sense will keep 2006 from being
1994 in reverse.