Luke Skywalker and the United States Constitution

Conor Friedersdorf thinks the Left has made a huge mistake in abandoning the pure libertarian position on the freedom of political speech. At least, he thought so as of last week, before the pardoning of Joe Arpaio.

Donald Trump's pardon of Joe Arpaio, as Mr. Friedersdorf himself has pointed out, along with many other able commentators, has a real potential to unravel the rule of law. The presidential power of pardon has few specific limits, but the United States Constitution certainly never intended it to permit the President to undermine a prosecution, much less a law, the president simply disapproved of. The specific pardon of Mr. Arpaio, whom President Trump pardoned for offences related to civil rights violations, makes the situation more troubling. Issuing a pardon for someone who has never expressed regret or admitted wrongdoing means one of two things: either the President believes the court made a serious error of fact, or he condones the offence. If officials with the power to pardon violators actively condone civil rights violations, they effectively strip some, and in the end all, members of the community of their civil rights.

This illustrates what I call the Skywalker rule of constitutions: like the death star, every written constitution has to have a relief port.

What the People Who Sent Murderers to Barcelona Want

Sagrada Família

A terror cell affiliated with the deash has murdered fifteen people and injured one hundred and thirty more.

Pray for the dead and for the recovery of the injured. And don't give the hard men of the daesh, who sent the killers, what they want.

Reflections on Conservatism in the Wake of Charlottesville

The American people have elected a man who has no idea of shame as their president, and I surprised myself by feeling particularly incensed to see the way he confidently assumed he could disrespect a gold star family and then count, not only on the obedience and professionalism but the political support of the American service chiefs. Last week, his service chiefs served a quiet but determined notice: they would obey him but never willingly acquiesce to the corruption and dishonour of the military they served. After witnessing white supremacists parading with the symbols of slavery and genocide, and their president refusing to condemn either the ugly ideology or its uglier, murderous display, the chiefs of the American services: Army, Navy, Air Force and Marine Corps issued a series of statements condemning white supremacy and warning potential recruits their services had no place for bias or racism.

"White fragility" is ableist

I often read and hear people with disabilities, describe the moment the light bulb lights; lights with incandescent rage in the moment we understand the standards defining "normal" rest on choices as fundamentally arbitrary as the dictates of fashion. Norms shift from culture to culture, but this culture, our culture, polices its norms by any brutality necessary. Since policing construed as therapeutic supposedly serves the interests of those policed, no consideration of rights or fairness restrain it. If the policing takes a form impossible to construe as therapy, its promoters justify it as necessary for the prosperity and happiness of future generations.

Some people, a tiny minority, have the credentials or the power to set standards, define "normal"; others enforce these standards, checklist by checklist on the bodies of the vulnerable, often starting before school age. This entitlement of the doer over the done to forms the essence of the oppression we call ableism. Those who have received this treatment, the done to, feel this entitlement in our bodies: deathly sick and uncontrollably shaking from drugs given to us because the impulse to erase our differences outweighed the (known) side effects. We know it in our spirits and our memories, of being held up as examples of failure, targets for bullying, or just old fashioned beatings by authority figures or by our peers.

Using the term "white fragility" accepts and affirms this system of entitlement. It affirms the checklists acted out on the bodies of children who can't speak, the toxic drugs given to neuro-divergent children and teens, and acts yet more extreme. It affirms the whole system, with one proviso: racial animus, or more precisely any deviation from the response to animus the enlightened decree, also counts as a deviation, a symptom in need of correction, of checking off the list.

Logophobia redux

Rod Dreher links approvingly to an article by Elizabeth Corey in First Things that tackles the concept of intersectionality. Corey dismisses the concept as "a wholly academic invention", then promptly refutes that characterization by citing a real life example of discrimination and the ensuing legal case, DeGraffenreid v. General Motors. Corey writes:

...five black women sued General Motors for discrimination. GM had not hired black women prior to 1964, and had dismissed all but one of its black female ­employees hired after 1970 on the basis of seniority. The plaintiffs claimed that the harm they suffered could not be addressed by suing as women only, because GM could point out that it had indeed hired women (white women) prior to 1964 and had retained those that were hired after 1970. 

Nor were they willing to sue on the basis of race alone. The discrimination they suffered was not merely racial, they argued, but a result of their combined racial and gender identity. The district court dismissed this claim, observing that the prospect of “the ­creation of new classes of protected minorities, governed only by the mathematical principles of permutation and combination, clearly raises the prospect of opening the hackneyed Pandora’s box.”

Encryption, security, the internet, and King Canute

Legend has it that King Canute, a canny and highly successful ruler of England,

Huts and seashore in Wales

Denmark, and parts of Scandinavia, had courtiers who like to flatter him; when some at court suggested that even the sea would have to obey Canute's wisdom and power, the king decided he had enough of this nonsense, and resolved to end it with a demonstration. He and his court accordingly went to the sea shore, and there Canute gave order to the incoming tide to cease, desist, and turn around. The tide, naturally, did no such thing. Having demonstrated his limits, he finished with an admonition to keep the flattery within the bounds of reality, and the court returned to the capital, doubtless to the relief of the chastened courtiers.

The American gun organization the National Rifle Association has a new advertisement out on the web, full of standard right wing complaints about mean things the Left has to say about their president and their policies. This list of complaints noticeably avoids making any kind of case for gun rights. Indeed, it doesn't mention gun rights at all.

While this might seem surprising at any time,the choice by the NRA to talk about something other than gun rights at this specific time appears downright perverse, since a jury just acquitted a police officer for the most brutal possible violation of a citizen's right to legally carry a gun.

One hundred and fifty years ago today...

the parliament of Great Britain passed an act uniting New Brunswick, Nova Scotia, and Canada (then Ontario and Quebec), under a single federal parliament and four provincial legislatures. The new country, called a dominion in deference to the phrase from the Book of Psalms: "dominion from sea to sea" would continue to have the British monarch as a head of state, and British diplomats would speak for it in international relations, but Canada's own legislatures would govern in all internal matters. Canadians greeted the passage of the British North America Act with modest celebration.

Pirsig, Bell, LaPadula, a different kind of braid...

Fredrik deBoer asks why so many people have so much trouble evaluating propositions to do with social justice on a continuum. He cites examples from cultural appropriation to campus hookups, asking in every case why so much of the conversation about these issues ends in extreme, opposing, and angry positions.

I don't have the answer, I don't think a single answer exists. With multiple cultures rubbing up against each other, ideas and expressions may seem perfectly innocent to some people, and egregiously offensive from a different perspective. Some commentators have suggested the growth of social media has reduced dialog between people who disagree while concentrating and amplifying the dialog among like-minded people, thus encouraging the unchecked adoption of more and more extreme positions.

I don't know why this has happened, but I have a theory.

Logophobia

Rod Dreher, in common with most of the rest of the world, struggles to make sense of the senseless: the bomb exploded in a crowd of women and girls at an Ariana Grande concert and the resulting slaughter of innocent people.

In the process, he makes a very interesting set of comments, and displays what I call "logophobia", meaning fear of and revulsion toward a specific word, rather than a repudiation of the concept behind it.

Size the office to fit the man

photo by Gage Skidmore

 Donald Trump’s recent behaviour has provoked dark thoughts among American opinion writers. Ross Douthait, a conservative columnist for the New York Times, has raised the possibility of declaring Mr. Trump medically unfit for his job and invoking the 25 amendment to the US constitution to remove him.

That is a spectacularly bad idea. It is, to paraphrase Orwell, a bad idea even though National Review says it’s a bad idea. For one thing, the authors of the 25th amendment intended it to deal with a medical crisis, not a policy disagreement or even justified reservations about the character of a president. For another, it doesn’t deal with the structural or even the psychological problems the Trump presidency raises.

What, me worry?

by Gage Skidmore

If American news reports accurately describe the events of last week's meeting between President Trump and Russian representatives, somewhere in the Western Asia at least one person probably has a lot less confidence in their future than they did a few days ago. We may never know the name or names of the people who apparently took huge risks to obtain important details of the latest efforts by the Daesh to loose chaos on international air travel. We can only hope the president of the United States did not sentence them to an unpleasant death by recklessly boasting about his intelligence sources.

We have less room for doubt about what happened next. After both his national security advisor and his secretary of state denied the story in carefully worded statements, Mr. Trump took to late night Twitter and cast doubt on their claims by stating he had, in any case, the right to tell the Russians anything he wanted them to know.

Stop quoting Havel and behaving like Brezhnev

East German Trabant

About a year and a half ago, Yale University sent out an email in advance of the Halloween season, asking students to choose their costumes with some cultural sensitivity. One of the senior residents charged with supervising residence life, Erika Christakis, took exception to this email and distributed her own rejoinder. Student activists in turn protested the email and accused both Dr Christakis and her husband failing to properly supervise residence life. In the end, both Dr. Christakis and her husband left the residence program, an outcome regretted by the libertarian conservative writer Conor Friedersdorf, and even more strongly deplored by Rod Dreher.

In his argument, Rod Dreher quotes, as he frequently does, Valclav Havel's essay The Power of the Powerless. In common with many conservatives who quote Havel, he seems to think power means the ability to say distressing things on "woke twitter", and consider professors who give into "political correctness" the modern equivalent of the Havel's metaphorical green grocer, who puts a "workers of the world unite" sign in the window. I disagree. I think Dreher's argument fundamentally distorts the question of where the real power lies in his society, and where the implied analogy to the Soviet block of Leonid Brezhnev applies.

The right to be wrong is not necessarily the right to be sloppy

photo by Duke University Divinity School Library

We all ignore truths, demands, arguments we would prefer not to face. At my best, I only hold arguments I find offensive to a higher, perhaps impossible standard of proof. At my worst, I ignore truths I would prefer not to deal with and avoid pressing arguments for fear of giving offense to other people.

There is a difference between avoiding uncomfortable ideas and challenges, and making a public virtue of it.

Rendemptive anger

Louis Riel

Last week, in one of the vicious but not exactly random assaults underlining the inequalities of life in a "western" urban society, an unknown person beat up the principal dancer in the "Buffalo Hunt" scene from the Canadian Opera Company's production of Harry Somers's opera Louis Riel. He and his partner, hurt badly enough to need hospital treatment, they suffered further indignities at the hands of the medical system; some of the people I spoke to clearly considered their treatment negligent.

This racist attack on a talented First Nations dancer, and the callous treatment in its aftermath, could have easily led to worse divisions and deeper mistrust in its wake. Violence of this kind divides and silences people, as the perpetrators and enablers often intend. In a production negotiating the tricky politics of staging a classic Canadian work telling a story involving First Nations, this attack could easily have poisoned the atmosphere.

Terrorist are using cars as weapons. How can we protect ourselves?

Westminster Bridge by Katie Chan,
via Wikimedia Commons

In an alarming number of recent terror attacks, the assailants have made use of vehicles to ram or crush their victims. Recently, an attacker killed three people on Westminster Bridge in London by hitting them with a hired vehicle before getting out of the car and fatally stabbing a police officer. Last year on Bastille Day, an attacker drove a truck through celebrating crowds in Nice and killed eighty-four people. These attacks and others would indicate a disturbing trend even without reports the Daesh has recommended the use of vehicles to sympathizers aiming to commit lethal terror attacks.

Nice Bay by Fecchi, via Wikimedia Commons

Shortly after the derisively named "undies bomber" failed to blow up a plane bound for the United States with underwear soaked with explosives, American and international aviation authorities severely restricted the liquids they permitted passengers to carry on board. They had, of course, long forbidden passengers from bringing knives into the cabin of an airliner. Every time a terrorist organization attempts an assault against the civil aviation system, even if they fail, even if they fail in a risible manner, regulators take action. With several terror attacks committed using road vehicles, reports the Daesh has specifically committed to  this method of inflicting casualties, the call for road safety authorities to take some action would seem obvious.

A source of information

A couple of days ago, a car following me in the right lane tried to get between me and the streetcar in the center lane. Frustrated (they didn't remotely have enough room) they followed me to the stop line (the light was red) and honked.

The simple controls of a car can express a surprising amount of information. In this case, a honk told me I had an entitled driver behind me. and that if I moved to the side they would try to fit their 2.5-3 metre wide car, my bike which takes up at least a metre, the metre they have to leave between my bike and their passing car, and the half metre clearance required between the streetcar and their car into the four metres between the streetcar and the curb. In other words, I knew if I didn't ride in the center of the lane I could expect a dangerous close pass.

The time has long come and gone for motor vehicle operators to realize ordinary drivers of non-emergency motorized vehicles don't have priority over other road users, and increasing numbers of cyclists will not compromise our safety for your impatience. You impatience won't kill you or us; getting sideswiped by a poorly-judged pass from an impatient and entitles motor vehicle operator very well might.

Cyclists are here and we will not go away, so if you plan to drive, get used to us.

Making room for change

Thirty years ago, at the height of second wave feminism, writers such as Mary Daly firmly defined patriarchy as the root of all oppressions. Popular writing described even the wealthiest and most privileged of woman as victims.

Facts are stubborn things

John Adams pointed this out in his defence of British soldiers accused in the Boston Massacre:

 Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence...

Facts are also oppositional, in this sense: they restrain everyone in the same way, and in doing so they bring people together.  We have an infinite number of ways of coming at he truth: the soaring beauty of music, the inspiration of religious ritual, the stories we tell, the lives we lead. But when my life and my passions differ profoundly from someone else's, what then? If I find truth in the music of Mozart's concert masses, I might not succeed at finding a common musical language with someone who finds their truth in the work of Tupac Shakur. Facts, even the hard facts made notorious by Gradgrind, may offer the only way profoundly different people can find enough common truth to live together.

Which brings us to Yusra Khogali.

The white battalion

by Gage Skidmore , via Wikimedia Commons

A friend and colleague of mine, an officer in the Canadian Infantry, taught me "Old King Cole" ("beer beer beer said the privates, merry men are we"), and he taught me about the White Battalion. The White Battalion is a tradition in the Canadian Forces, or at least in some regiments. It is a term for the regimental dead. As my friend explained to me, regiments disband, their colours hung on the walls of churches for time and nature to return them to the Earth, but white battalion never disbands; its members are transferred to an active regiment. Soldiers remember, honour, and grieve.


The act of remembering war dead has many expressions in many places, but it works out to the same basic contract: a society will ask its young men, and in some cases its young women, to put themselves in harm's way for the sake of the nation. In return, the nation will carry the names of everyone who gives their life in its service down through history in honour. It is a covenant painted on the walls of thousands of churches. It is carved in the stone of war memorials in villages and cities across the world. It forms the basis for a signature piece of American political rhetoric: Lincoln's Gettyburg Address. It is a part of the hearts of millions of families.