Bloody Gay Pride Parades?

I woke this morning to find the Net all a-twitter over Governor Christie's proposal to place same-sex marriage up for a vote on the New Jersey November ballot. Christie inflamed progressives by suggesting that the Civil Rights movement might have been better served by confining itself to the ballot box rather in favor of physical confrontation:

The fact of the matter is, I think people would have been happy to have a referendum on civil rights rather than fighting and dying in the streets in the South.

Like New Jersey Senate President Steve Sweeney, Assembly Speaker Sheila Oliver erupted in fury over the idea of putting basic civil rights up for a popular vote:

Gov. Christie better sit down with some of New Jersey’s great teachers for a history lesson, because his puzzling comment shows a complete misunderstanding about the civil rights movement. . . . It’s impossible to ever conceive that a referendum on civil rights in the South would have been successful and brought justice to minorities. It’s unfathomable to even suggest a referendum would have been the better course. . . . Governor –- people were fighting and dying in the streets of the South for a reason. They were fighting and dying in the streets of the South because the majority refused to grant minorities equal rights by any method. It look legislative action to bring justice to all Americans, just as legislative action is the right way to bring marriage equality to all New Jerseyans. The governor’s comment is an insult to those who had no choice but to fight and die in the streets for equal rights.

Oliver appears a bit confused about history herself. If it took "legislative action" to address the problem, isn't that closer to a solution by referendum than by violence? Perhaps what she's thinking is that the legislative action never would have happened if it hadn't been spurred by violence. Christie's opposing suggestion is that putting the issue to a popular vote early on might have removed the need for the violence. It's never easy to know when people must burst out of the system into personal rebellion or even violence in order to protect their essential freedoms, as our host so often suggests is our duty. Oliver sounds like a woman who needs to think about that dilemma more carefully.

My guess is that Oliver really is trying to argue that legislative action sometimes has to be imposed from outside the local jurisdiction, because the local majority can't be trusted to vote for justice for an oppressed minority. Or she may be suggesting that legislators are wiser than the unwashed public that elects them. If she were sorting through her issues more thoughtfully, she might even argue that nationwide majorities are not always trustworthy, and therefore legislative solutions must give way to judicial, Constitutional action if proponents of same-sex marriage are to obtain real relief.

In the meantime, does Ms. Oliver really want to argue that gays should take up arms rather than work with the system to obtain the rights they believe are due to them?

A second wave of twittering followed Christie's calling a gay lawmaker a "numbnuts," presumably a hate crime. I like this Christie guy, even if at one time he didn't have any more sense than to believe in non-heliocentric cosmic climate metaphysics, or at least to try to take advantage of the tax revenues it might generate for his strapped state.

Glory and Destiny

The University of Georgia has a long and storied history, being one of the claimants to the title of oldest public college in the United States.  So it is no surprise to see another extraordinary story from that institution, featuring a young lady of wisdom and character.  Also, fairly impressive biceps.

A deeply religious junior exercise and sports science major, Watson was on the brink of a $75,000 fitness-modeling contract that could have set her up for a lifetime career in modeling -- but she turned it down.... A modeling agent wanted her to use Anavar, a legal anabolic steroid to help her gain up to 50 pounds of muscle. Worried about the effects on her body when she decides to have kids, Watson passed.

There stands some discerning judgment, for one so young.  That's glory.

This is destiny:

She can bench press 155 pounds, squat 255 pounds and dead lift 230 pounds. 

I could do more than that the first day I walked into the gym.  That's nothing in praise of me or against her.  Her muscles show a better 'cut' and appearance.  I'm in fairly good shape, but nobody is going to offer me a fitness-modeling contract.  She has clearly developed virtues of moderation, temperance and wisdom.  It's just a fact.

She's spent a lifetime training to develop muscle and strength, and is probably among the strongest women in America.  Nevertheless, there it is.  This is the sort of thing we increasingly tend to ignore when making determinations about military policy, but it's real enough.  As we cut military budgets, especially in ground forces, we'll be less able to compensate for weaker soldiers in other ways.  It's not just about the weight you can lift and carry; there's the injury problem, too.  By the way, Ms. Watson is out of service due to damage to her Achilles tendon right now.

I have a tremendous amount of respect for women and their contribution to society and the military.  I have often written about how much I appreciate the contribution of American servicewomen in Iraq, where I had the honor to serve with some outstanding ones.  In no way do I wish to detract from the glory of a woman who strives to do her best.  We just have to be clear-eyed about this business, because things are going to get harder for our warriors as the money dries up.

Changing A Name

Good to hear Arlo Guthrie is still singing relevant music.



Of course this is the song of his that gets sung most often around here:

"A Miraculous Turnaround"

I am glad to hear that Mr. Santorum's daughter Bella has enjoyed something of a recovery from the pneumonia that afflicted her.  I was not aware of her other, lifelong, condition until the stories of the weekend.  It's extraordinary to see a family accepting such challenges these days, living with them, and finding strength for pursuing and achieving in the broader world in spite of them.

This morning Michelle Malkin declared for Santorum.  She has a fairly thorough listing of her reasons, and considerations both for and against him.  I don't normally read Ms. Malkin -- I saw her endorsement linked on Memeorandum -- but it is good to see one of the big players join in on his side.

UPDATE:  Santorum gave a pitch in Minnesota at which he was asked how he would win among moderates.  That's been a challenge to him raised here, too, so you might be interested in his answer.

Only toward the end did a process question get asked, when a caller politely challenged Santorum to explain how he’d win moderates.  Santorum replied that moderates don’t tend to be issues voters, but respond to enthusiasm and momentum, and that the important task was to rally the base as happened in the midterms.  Neither Romney or Gingrich are consistently conservative enough to do that, Santorum argued, while his record gave the GOP the best chance to stoke conservative enthusiasm.  He also said that he had a track record in Pennsylvania of winning Reagan Democrats, which he would do throughout the Rust Belt and Midwest.  “Will I lose California by a wider margin than Romney?” Santorum asked, and replied that he certainly would — but losing California and New York by a marginally smaller amount won’t do the GOP any good in November anyway.  Santorum insisted that he could do better in the center of the country than any other Republican, and that would make the difference in November.

Good Luck

Bad news at a bad time for a reasonably good man, as politicians go.  I hope it gets better fast.

Friction

In Beyond Good and Evil, Neitzsche scribed a warning: "He who fights with monsters should be careful lest he thereby become a monster. And if thou gaze long into an abyss, the abyss will also gaze into thee."

In fighting evil, there is a grave peril that you may be called upon to do terrible things.  It changes you.

But this works both ways. 

A Bowie Would Have Done It, Too:

Today's headline:  "Cleaver aids woman in trouble."

Akbar Case Being Litigated

Here's a limited-time opportunity for people interested in death penalty litigation. Next week, the Army Court of Criminal Appeals is hearing oral arguments in the case of United States v. Hasan K. Akbar. I assume the lead character needs no introduction here.

Well, I follow their website occasionally (a few of my clients, of whom Akbar isn't one, may get relief there in the next year or two). And I see that nowadays, when they're going to have oral arguments, that page sometimes includes links to the briefs. They've done so in Akbar's case. I expect those links will go down on 1 February, when the oral arguments are done, but in the meantime anyone who wishes can pop over there and read the briefs.

I haven't tried a capital case. In fact, I haven't tried a murder at all, and I'm not going to talk here about the cases I have tried. (Some were certainly disturbing enough.) But I know just a little about appellate work and that capital appeals don't look like other appeals. One thing you'll notice, if you take a read through, is that the defense raises a lot of issues, including many that (according to the government brief) were decided decades ago, and not in the defense's favor. This makes a kind of sense. If you know the appeals could go on for decades, the composition of all the courts could change (the Supreme Court included), and they could reverse themselves on dozens of issues that have already been decided. You don't want to waive those issues by failing to raise them. So I can't blame the lawyers for writing their brief that way. Neither should you. (Though you might wish, as I do, that these appeals didn't go on for so long.) In other kinds of case, the ideal is "a rifle, not a shotgun" - make a few points and argue them in depth, and don't waste time with the oddball or the obsolete.

A few notes for anyone who cares to do some wading through --

The page includes the links but not the evidentiary exhibits, let alone the record of trial. The government brief makes frequent references to "GAE 1" (Government Appellate Exhibit 1). This is almost certainly an affidavit from one of Akbar's trial attorneys. Normally, a lawyer's duty of confidentiality continues unbroken after trial, and he will often decline to explain his decisions, as they may relate to things his client told him in private, or information that has not come to light and that would not be good for the client. But if the client is claiming ineffective assistance of counsel (a common thing in capital litigation), the lawyer is partly released from that duty. He can reveal confidential things, but only insofar as is needed to defend himself against the charge of ineffective assistance (if he was really that bad, that has some serious implications for his career and maybe his license). So if the client claims on appeal, "My stupid lawyer didn't pay attention when I told him about my rough childhood" - the lawyer can write an affidavit saying, "Oh, yes I did, and I didn't raise it in court because it would convince the judge you were broken beyond repair and should be locked up for life" - or whatever. Anyway, this is why the government appellate lawyers are writing as if they know so much about what the trial defense attorneys were thinking.

Only one part of the briefs made me raise my eyebrows - page 68 of the appellee (government)'s first brief. "Mrs. Nerad" is an expert in mitigation in death cases, one of several hired for the defense in that case:

Furthermore, trial defense counsel did not agree with Ms. Nerad's philosophy that "a mitigation investigation was effectively endless and that it was her practice to always request more time and more funding until the state government relented on pursuing the death penalty. If the government did not relent, then, according to Mrs. Nerad,
there would be a built in appellate issue.

In the footnote, the appellate counsel takes a nasty little swipe to say that "Ms. Nerad's strategy is exactly what [Akbar] has placed before this court." The way I was brought up, you don't make that kind of accusation against the other side - at least, not without some very powerful proof. Think it, yes. Say it, no. (And in a death case, there are solid reasons for litigating very differently than in other kinds, as I mentioned before.)

Anyway, if you'd like a little insight into that case that isn't filtered through the press, and you have some time, there's your chance.

The Devil You Know

...When the Cambrian measures were forming, They promised perpetual peace.
They swore, if we gave them our weapons, that the wars of the tribes would cease.
But when we disarmed They sold us and delivered us bound to our foe,
And the Gods of the Copybook Headings said: "Stick to the Devil you know."

Ron Paul Gets the Best Lines

Watching tonight's debates, I have these impressions:

Ron Paul gets all the best lines.  He's still not a serious candidate, but man it's fun to listen to him talk.

Rick Santorum is playing it straight, but there's nothing flashy about his answers.  They're honest, though.  He's probably not helping himself by hammering all the things he's not going to do for people.  There are some applause lines associated with these things, but... well, I hope it works.  His answer about his wife was fantastic.

Newt Gingrich gives the best answers across the board.  Whatever else there is to be said about him, the guy knows his stuff.  Whenever they come after him, he knows just how to turn it around.  When Romney came after him for promising stuff state-by-state, he gave a great answer.  He also took a couple of moments to give kind words to Dr. Paul over his age and health, which was courteous.

Romney just said he'd like to fire someone again, but the audience didn't seem to mind.  His answer on health reform was pretty good.  "Groundhog Day" was a good line; interesting that he followed it up by saying that "we know what it takes to get you back to work."  We?  Good for you, governor.

UPDATE:  Santorum's answer about faith was very good.  'The Constitution is the how of America.  It is the operator's manual.  The why of America is the Declaration of Independence.  We hold these truths to be self-evident:  that all men are created equal, that they are endowed by their Creator with certain inalienable rights.' His was the most unapologetic endorsement of faith in public life.

UPDATE:  Hot Air disagrees that Gingrich was strong; I thought he turned the knives very well, but it's true that Santorum went after Romney more.  But see for yourself:

Romney neutralized him on the big immigration exchange at the beginning, and then it fell to Santorum — for the second debate in a row — to pick Romney apart on his core policy vulnerability. (He did a darned fine job of it too.) If you’re operating under the illusion that the election will turn on the presidential debates in October, kindly explain why Gingrich is somehow superior to Santorum. He wouldn’t even accept Blitzer’s invite to hit Romney on his Swiss bank account even though he’s been criticizing him on the trail for it for days. The hapless moderator/punching bag had to practically badger him into answering. I don’t get it. Didn’t he realize that the primary was on the line tonight? 

You’ll be pleased to know that Romney is now a 91 percent favorite to win on InTrade as I write this, up from 74 percent earlier today. Stats guru Nate Silver thinks it’s possible that Romney wins by double digits, perhaps as much as 20 points. And why not? After Santorum’s strong performance tonight, there are bound to be tepid Newt fans and true undecideds who prefer him as the anointed Not Romney to Gingrich. Who could blame them?

Be nice to see the boy do well.

Speaking of Character

...our VP definitely is one.

UPDATE:  Apparently FOXNews decided to change their headline on this one, and the URL changed with it.  The new page questions whether Biden faked an Indian accent, rather than asserting that he did.  I'm leaving the old link up, though, because as Sly says, the 404 page is amusing in itself.

A Problem from the Rhetoric

Aristotle makes a claim in the early part of the Rhetoric that seems like it ought to be the case, and yet is clearly out of order with the facts on the ground here in America today.

Of the modes of persuasion furnished by the spoken word there are three kinds. The first kind depends on the personal character of the speaker; the second on putting the audience into a certain frame of mind; the third on the proof, or apparent proof, provided by the words of the speech itself. Persuasion is achieved by the speaker's personal character when the speech is so spoken as to make us think him credible. We believe good men more fully and more readily than others: this is true generally whatever the question is, and absolutely true where exact certainty is impossible and opinions are divided. This kind of persuasion, like the others, should be achieved by what the speaker says, not by what people think of his character before he begins to speak. It is not true, as some writers assume in their treatises on rhetoric, that the personal goodness revealed by the speaker contributes nothing to his power of persuasion; on the contrary, his character may almost be called the most effective means of persuasion he possesses.

That seems like it ought to be right.  Yet in our current Presidential contest, we have one man who is apparently good by general standards, which is to say Rick Santorum, the lowest-polling figure in the race; one man who is apparently not good, but who is a highly effective speaker, which is to say Newt Gingrich; one man who may or may not be good, but is a terrible speaker, which is to say Mitt Romney; and one man who is said by some to be good and others to be wicked, and by some to be a great speaker and by others to be a terrible one, but who is currently the actual victor of the last Presidential contest.

I say that Romney 'may or may not' be of good character; Cassandra is quite sure he is of excellent character, and his personal life seems to be clear of the usual problems, but I can't quite figure him out well enough to decide what to think about his motives.

Aristotle's next argument ends up making perfect sense from our contemporary perspective.

There are, then, these three means of effecting persuasion. The man who is to be in command of them must, it is clear, be able (1) to reason logically, (2) to understand human character and goodness in their various forms, and (3) to understand the emotions-that is, to name them and describe them, to know their causes and the way in which they are excited.

There is a clear failure for Romney on point (3). Thus, assuming the man to be of excellent personal character for the sake of argument, we can still appreciate how he might fail to be persuasive.  He lacks one of the three basic components of effectiveness in persuasion.

Newt clearly has (1), (2), and (3) down.  His reasoning is good, he understands human character and goodness (even if he often fails to practice it), and he knows how to excite the emotions.

Thus, we would expect Newt to prevail in a two-man contest of persuasion:  he's simply better armed.  This will prove to be true in the fall as well:  when imagining a Newt v. Obama match-up versus a Romney v. Obama match-up, we can see that the President will fare better rhetorically in the latter contest.  He would be facing an opponent who simply lacks access to a third of the power of persuasion.

We still have the puzzle of goodness, though.  I have always found that speaking the truth is the greatest weapon in rhetoric, and that good character and a name for honor is -- as Aristotle holds -- a powerful weapon as well.  That does not appear to be the case for us today.

Does this mean that Americans do not care about good character, or that they disagree about what it is?  Or is there something about our electoral process that makes character less persuasive than it normally tends to be?  If the latter, what is the cause of the failure?

Mass Grave in England

Now a University of Cambridge researcher is putting forward a compelling new theory about the identity of the murder victims. The documentary follows Dr Britt Baillie, from the McDonald Institute for Archaeological Research, as she examines the remains, as well as documents from the period and other material evidence, to reopen the file on what happened in Dorset a thousand years ago. 

While historians will probably never agree conclusively about who the men were, Baillie’s analysis draws her to the conclusion that they may have been Viking mercenaries who modelled themselves on, or behaved in a similar way to the legendary Jomsvikings – a brotherhood of elite killers whose strict military code involved never showing fear, and never fleeing in the face of the enemy unless totally outnumbered. 

Allegedly founded by Harald Bluetooth, the Jomsvikings are thought to have been based at a stronghold called Jomsborg on the Baltic coast. At a time when Vikings were feared across Europe, they were known as perhaps the fiercest of them all – a reputation which even earned them their own saga.

Uh, Oh, I'm a Cultural Elitist

I'm no Pauline Kael, but I guess I'm not exactly a woman of the people, either, according to this Pop Quiz inspired by Charles Murray's "Coming Apart." I get a few points for having done a little manual labor and having once ridden on a Greyhound bus. On some questions you get credit for your spouse's activity, such as buying a pickup truck, but for hunting and fishing I guess it counts only if you do it yourself. Well, at least I have friends who are evangelical Christians and/or who disagree with me profoundly on political issues. So my score is "You can see through your bubble, but you need to get out more." I could have done better if I'd ever sat through an Oprah show or watched last year's Transformer movie. But no credit for enjoying Jeff Foxworthy? For frequenting Sonic drive-ins?

I knew I was in trouble when out-of-touch Michelle Obama took flack for buying Tuscan kale in a local farmer's market. We grow Tuscan kale and think it's great stuff.

H/t Ace of Spades.

Can This Be Right?

Inflation adjustment is a little tricky, but this still seems like a strange claim:

However, Aaron Blake at the Washington Post finds that controlling for inflation, in fact George Washington would be the nation’s richest president.... In today’s dollars, Washington’s net worth would amount to more than $500 million.

I'm not after the basic claim of the article, which is that we've had a lot of presidents richer than Romney would be if elected.  What interests me is the claim that George Washington was fantastically rich.  I had never gotten that concept from readings of history.  What I thought I understood was that he began quite modestly, as a surveyor -- I've been to places he surveyed, including the town in Virginia that now bears his name.  His marriage to Martha Custis brought him some wealth, and his status as a war hero made it possible for him to obtain more, but I thought he was in debt for a long time after that, nearly until the war started.

That seems to be in accord with the Wikipedia article, which notes:

After retiring from the presidency in March 1797, Washington returned to Mount Vernon with a profound sense of relief. He devoted much time to farming and other business interests, including his distillery which produced its first batch of spirits in February 1797.  As Chernow (2010) explains, his farm operations were at best marginally profitable. The lands out west yielded little income because they were under attack by Indians and the squatters living there refused to pay him rents. However most Americans assumed he was truly rich because of the well-known "glorified façade of wealth and grandeur" at Mount Vernon.  Historians estimate his estate was worth about $1 million in 1799 dollars, equivalent to about $18 million in 2009 purchasing power.

Eighteen million dollars is still quite rich, but it's nowhere near $500 million.  Is the Washington Post as bad with numbers as everyone else in D.C., or is there some way of making sense of the claim?

A Man or a Mouse?

It seems many Americans perked up when they heard Mitch Daniels's opposition speech after the State of the Union, prompting a heated debate over whether a dark horse could enter the race at this late date. At Pajamas Media, Ron Radosh explains some of the pros and cons of this gambit, but it's the comments section I find most interesting. I had forgotten that Daniels cited his wife's opposition as his reason for giving up the campaign, and that his wife had left him to marry her high school sweetheart, then returned to remarry him ten years later, after he'd earned millions of dollars. To many voters, this apparently marks him as a Beta Man unsuited for the Oval Office.

I don't doubt that that's a common reaction. It's not quite mine. His wife's high school sweetheart was a California plastic surgeon who ditched her after a few years in favor of a younger model. The picture I get is of a woman who made a horrible mistake by choosing a flashy passionate poseur, then came to her senses and realized that the stolid father of her children was the real man. To her great good fortune, he still cared for her and wanted to repair their family. In my eyes, that makes her a reformed liberal, and it makes him a strong man who knows his own heart. There's someone home in there. (Contrast with Ace's piechart of the most common reasons for supporting a candidate:)

Anyway, it's a narrative I prefer over the guy who keeps screwing around on his wife, marrying his mistress, and then doing it again.

What the heck is the matter with the GOP that it can't produce a candidate with a nice, conventional home life who also knows how to translate his personal, economic, and political principles into coherent policy proposals? You may say I'm a dreamer, but I'm not the only one. Then I wake up when I read sensible advice like this from commenter "Patrick in Atlantis":

We’re trying to thin the field out, not grow it. If Daniels get in the race now, he’ll have his you know what handed to him. You don’t like any of the contestants? Too bad.

Elberton

Elberton, Georgia, is an interesting place.  The wealth of the city is based on granite, quarries, that sort of thing.  But the history is important.

We went to the McIntosh Coffee shop.  Nice place.  Good prices for lunch, if you wanted lunch.

Georgia's district tartan -- recognized by Scotland's King of Arms, on the sidebar -- is based on the MacIntosh tartan.  I guess a lot of folks don't know that anymore.  John "Mohr" MacIntosh -- that is, 'John the Great' -- was brought to the south of Savannah after the '45.  He was there with Oglethorpe for the wars that kept Georgia and the Carolinas for the English, against the Spanish.  

The post road has run through there since the Washington administration.  It's kind of funny to think that we're looking at the end of the postal service, and to remember just how long it's been around.  Not that long:  two hundred years and change.  It was new in France in the 1600s; Dumas made a point of the novelty in The Three Musketeers.  

Took My Own Advice Today...

Went out to detox from the internet.  The few little towns around here are pretty disconnected from the internet-world, as demonstrated by our most-local pet store:

Hey, I didn't make it up!  I just took the picture.

Do I Hear Twenty Percent? Going Once...

Maybe We Need a Brokered Convention to Get This Guy Back in the Race

From Mitch Daniel's rebuttal to the 2012 (as well as the 2011 and 2010) SOTU address:

An opposition that would earn its way back to leadership must offer not just criticism of failures that anyone can see, but a positive and credible plan to make life better, particularly for those aspiring to make a better life for themselves. Republicans accept this duty, gratefully.

The routes back to an America of promise, and to a solvent America that can pay its bills and protect its vulnerable, start in the same place. The only way up for those suffering tonight, and the only way out of the dead end of debt into which we have driven, is a private economy that begins to grow and create jobs, real jobs, at a much faster rate than today.

Contrary to the President's constant disparagement of people in business, it's one of the noblest of human pursuits. The late Steve Jobs - what a fitting name he had - created more of them than all those stimulus dollars the President borrowed and blew. Out here in Indiana, when a businessperson asks me what he can do for our state, I say "First, make money. Be successful. If you make a profit, you'll have something left to hire someone else, and some to donate to the good causes we love."

Jobs, jobs, jobs, jobs, jobs. Private sector jobs. That's where everything starts, and that's what everything else hangs from.