Wednesday, October 16, 2013

A Modest Proposal for a New Century -- Revisited

During the final stretch in the circus that was the last Presidential election I wrote the following post. Since I can no longer sit through an entire newscast from ANY of the cable news channels due in no small part to the continuing three ring circus that is Washington D.C. with variants of the same old **** playing out at Pennsylvania Avenue and Capitol Hill, I thought it appropriate to dust off my proposal once more.
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Once the auto stimulation of the Republican and Democratic conventions is finally over and the echoes of bombastic speeches full of sound and fury signifying little are swept off the stage along with the confetti, it might be wise for all Americans to do some out-of-the-box thinking about what could be done to save us from a government that too often gives anarchy a good name.So, with advance apologies to Jonathan Swift, I would like to offer my own six-point modest proposal to save our democracy via some creative Constitutional Amendments for a new century. Since the Constitution is a living document under the prevailing jurisprudential view, let us inject some vibrancy and new vitality into the old, dated, dry, parchment.

1. Send every single politician in Washington D.C. on a one-way junket to any lesser-developed country on earth that still practices cannibalism as both foreign aid and a good-will gesture that shows our respect for all cultural predilections;

2. Replace the anachronistic electoral college system and representative democracy with direct democracy–one (live) person one vote (even in Chicago);

3. Disband the executive and legislative branches of government and their attendant bloated bureaucracies and replace
both with a supercomputer (HAL 2012?) to implement the direct wishes of the people through appropriate legislation literally interpreted and enforced;

4. Use the savings from the dismantling of the federal bureaucracy for direct programs at home to provide a true safety net for needy individuals, enhance everyone’s health care, and provide practical work-related training and support that every American may once again take pride in being a useful contributor to and stakeholder in a great society that actually lives up to the name;

5.Send displaced federal bureaucrats for retraining that they may utilize their innate skills for other more useful purposes–guano farming and cesspool cleaning services come to mind (no disrespect intended to guano farmers or cesspool cleaning
professionals). Those who resist can be offered a free trip under Paragraph 1;

6. Provide the same benefit under Paragraph 1 to federal judges who subvert the people’s will and the Constitution by interpreting square legislative pegs as anything but square legislative pegs.

Any thoughts?

State Seatbelt Laws Should be Repealed

http://victordlopez.wordpress.com/2011/11/02/state-seat-belt-laws-should-be-repealed/

New York was the first state to mandate the wearing of seat belts in passenger automobiles in 1984. At present, front passengers and drivers over the age of 16 must buckle up or face a fine of $50. A fine of up to $100 and 3 points on the driver’s license can also be levied for failing to properly secure a child under 16; children under 10 must be secured by a seat belt whether they ride in a front or rear seat, and children under 4 must be restrained in a child safety seat.

To date, every state except New Hampshire has enacted some form of seat belt law. According to the Centers for Disease Control (CDC), the use of seat belts decreases the chance of traffic death by 50 percent, and the National Highway Traffic Safety Administration (NHTSA) credits seat belts with saving some 13,000 lives per year. These are impressive numbers that certainly provide more than a rational basis for states to require seat belt use under their broad police powers as a means of protecting public safety. Notwithstanding these statistics, however, there are a number of valid reasons why individuals may rationally choose not to wear seat belts. For example, seat belts offer the greatest protection for drivers and front passengers in front-impact collisions, especially at highway speeds, when drivers not wearing seat belts may be ejected from their vehicles through the windshield. But seat belts may offer less protection or become an outright liability in side-impact collisions, especially when a car is struck directly on the driver’s or passenger’s side.

The NHTSA does not compile statistics on injuries caused or exacerbated by seat belt use; yet such injuries undeniably occur. I can offer two quick examples from my own experience. Some 35 years ago, I was a passenger in the rear of an automobile hit on the driver’s side by a car traveling at approximately 35 mph. The impact caused the side of the car to buckle inward by some 18 inches into the passenger compartment where I had been sitting. My injuries were very minor and required no medical attention; had I been buckled in, however, I would have been crushed by the impact and quite possibly killed. More recently, an eerily similar accident occurred to my parents in which their Lincoln Continental was struck on the side by a car traveling at a high rate of speed; despite that vehicle’s exceptional side-impact protection, the rear passenger compartment where my mom had been sitting was crushed inward into the spot my mom had been occupying. Although she suffered serious injuries, she would almost certainly have died had she been wearing her seat belt.

Seat belts may also prove counterproductive when automobiles burst into flames or fall into water as a result of an accident, where the precious moments it takes to unbuckle a belt while fighting the shock and disorientation that results from a serious accident may mean the difference between life and death. Likewise, seat belts may prove harmful in cases involving rollover accidents; a good friend and colleague rolled his pickup truck in a weather-related accident that resulted in the roof of the truck being completely crushed. He walked away from the accident unscathed by throwing himself onto the empty passenger’s seat at the time of the impact; had he been wearing his seat belt, it would have locked on impact and he would have been restrained in an upright sitting position and crushed when the car roof collapsed. the year of my friend’s accident, NHTSA statistics on passenger vehicle occupant deaths in New York published in December 1997 show a total of 989 deaths by occupants 5 years of age or older; of these, 426 victims were wearing seat belts, while 563 were not. The statistics don’t tell us how many of the 426 accident victims who perished while wearing their seat belts might have lived had they not been restrained. Even if we assume such deaths are relatively rare, should drivers–including my friend whose lack of obeying the law may have saved his life–not be free to decide for themselves which risk they would rather bear?

Finally, the most compelling reason of all for overturning the mandatory seat belt law is that it represents a governmental intrusion into purely private conduct. Not wearing a seat belt in many circumstances may be foolish and perhaps even irresponsible. But a free society must protect the rights of citizens to make purely personal, private choices that do not pose a danger to others, even when these may be foolish or irresponsible. When we allow government to regulate private conduct on public policy grounds, we shove our civil liberties down a precipitous slippery slope. If we can regulate the wearing of seat belts based on health and safety concerns, can we not also prescribe the use of condoms for all non-procreative sexual activity? (Is the threat of AIDS and other sexually transmitted diseases or the economic disruption and drain on our medical resources any less serious a public health issue than the wearing of seat belts?) Should we criminalize participation in unnecessary dangerous activities such as skydiving, skiing, auto racing, football and swimming because of the safety risks they pose? Should we fine people who consume too many fatty foods or fail to eat enough leafy green vegetables for the collective drain their poor eating habits cause our medical care system? And what punishment should we impose on those irresponsible members of society that choose to drink moderate amounts of alcohol or smoke cigarettes? Is it not true that far more people require medical treatment every year from smoking-related illness alone than from failing to use seat belts?The government has a right to persuade people to buckle up, eat right and quit smoking, but ought not paternalistically place its judgment above that of the adult citizens it seeks to protect.

Governmental intrusion into purely private conduct may, indeed, save lives; but it does so at the cost of something far more precious: our civil liberty.
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Note: The above article appears with very minor updates as I wrote in more than a decade ago when it first appeared in The Daily Star (Oneonta, NY). Since then, seat belt laws have doubtless saved many lives. And they have most certainly brought large sums of revenue to the states through the countless number of tickets issued every year to violators. I still wear my seat belt every time I drive, and support the requirement that children be buckled up for their personal safety. But I find the requirement that adults buckle up an offensive intrusion by the state in what ought be a matter of choice. As I write this, some are agitating for laws to outlaw eating and drinking while driving, New York City has recently floated the idea of taxing sugary beverages for the express purpose of discouraging their consumption (and the implied purpose of raising revenue), and people in Washington DC with apparently little else to do have weighed in on the appropriate number of potato servings to school children. Surely there are more pressing public safety issues for police and elected officials to concentrate on than limiting the civil liberty of law-abiding citizens whose actions affect no one but themselves. If the concern is dollars spent on health care costs, I respectfully submit that catching and keeping in jail violent criminals, illegal drug dealers, and securing our borders would all yield greater bottom-line benefits than ensuring that I wear my seat belt or stay away from soda pop.

The Grasshopper and the Ants -- 21st century Version

THE GRASSHOPPER AND THE ANTS
by Aesop (Project Gutenberg, new translation, http://www.gutenberg.org)


     One fine day in winter some Ants were busy drying their store of corn, which had got rather damp during a long spell of rain. Presently up came a Grasshopper and begged them to spare her a few grains, "For," she said, "I'm simply starving." The Ants stopped work for a moment, though this was against their principles. "May we ask," said they, "what you were doing with yourself all last summer? Why didn't you collect a store of food for the winter?" "The fact is," replied the Grasshopper, "I was so busy singing that I hadn't the time." "If you spent the summer singing," replied the Ants, "you can't do better than spend the winter dancing." And they chuckled and went on with their work.


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21st Century Version of the Grasshopper and the Ants (by Victor D. López, fan of ants everywhere and every when)

    One fine day in winter some Ants were busy drying their store of corn, which had gotten rather damp during a long spell of rain. Presently up came a Grasshopper and demanded that they give him a fair share of their stores. The Ants stopped work for a moment, though this was against their principles. "May we ask," said they, "what you were doing with yourself all last summer? Why didn't you collect a store of food for the winter?" "The fact is," replied the Grasshopper, "I was busy with more important things, like hugging trees, holding hands and singing Cumba Ya with like-minded people. Unfortunately, these activities are not not prized by the stupid elites that unfairly oppress the lower classes and try to exploit them by such means as having them do meaningless, underpaid work that is beneath their dignity." "If you spent the summer singing, holding hands and hugging trees" replied the Ants, "when you should have been planning for the winter and building up your stores to see you and your family through the winter, you can't do better than spend the winter dancing as well." And they chuckled and went on with their work.

    The grasshopper, who was a very sensitive sort, was deeply offended by the selfishness and intransigence of these wealthy ants who were unwilling to provide their fair share to support the less fortunate members of the community, like himself. "You did not build the corn you reaped through your avariciousness over the summer while more enlightened people than you were hard at work exploring their sensual and artistic natures. You did not cause it to rain, or the sun to shine, or the bees to pollinate the nascent crops. You simply reaped the benefit of nature's bounty that belongs to everyone and greedily attempted to keep for yourselves a harvest provided not by your work but by the grace of mother earth. You are thieves, hoarders, and selfish beasts that would keep for yourselves that which nature provides for all of her children in equal measure." He then stormed off, while the ants shook their heads, smiled and returned to their work.

    Later that day, the grasshopper returned with hoards of like-minded people seething about the outrage and disrespect shown them by the selfish, cruel, heartless ants. They fell upon the ants beating them senseless, took the greater part of their harvest and burned what they could not take to teach these evil little ants a lesson, all the while chanting:"Yes we can," "power to the people," "no justice no peace" and a range of similarly catchy phrases as they beat the selfish ants, liberated their food stores and burned what they could not carry away. It was a great day for grasshoppers who danced into the night around the bonfires of their righteous victory.That winter, the ants starved, as did the grasshoppers who had gorged themselves upon the liberated stores of the selfish ants in a few days of round-the-clock partying and soon exhausted them, and could find no succor from the other free spirits in their village.

    As their last act, they gathered, held hands, hugged a tree and sang in unison their final song as they shivered and expired under the blind eyes of nature's indifference to their plight: "It is all the fault of the stupid ants who brought their destruction upon their heads and ours through their selfish unwillingness to share their hoarded bounty. Stupid, selfish, egotistical, greedy little ants. All their fault. All their fault. If only they had been as enlightened as we."

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Victor D. López

Looking Beyond Politics and Orthodoxy in the Abortion Debate

[This post was originally published in one of my other blogs (http://victordlopez.wordpress.com/2013/07/20/looking-beyond-politics-and-orthodoxy-in-the-abortion-debate/)  on July 20, 2013]

This Republican is actually pro choice. Yes, we do exist. But that does not mean that there are no limits to a woman's right to choose. I do believe as does my Church that life begins at conception. Personally I find abortion as a means of birth control reprehensible and immoral. But we do not live in a theocracy and no democracy can long survive if it adopts absolutist ethics. So I am willing to tolerate abortion within reason. For me the clear dividing line is the viability of the fetus. Only when the life (not the convenience, self esteem, career or other lesser consideration) of the mother is threatened should an abortion be performed after that point. If a woman has not made up her mind to abort within a reasonable time frame (and for me that is before the end of the second trimester) she forfeits that right as the life of the child in her womb takes precedence to her right to make choices regarding her body.

I know reasonable people on both sides of the abortion debate will take issue with my stand and I respect their views. But the number of hands raised on one or the other side of this agreement or the accompanying volume of the rhetoric of partisans on this (or any other vital) issue should not carry the day as no one should be cowed into silence on the issue. In a country obsessed with the rights of the underrepresented to the point of absurdity, where language, history and logic are thrown out the window or gleefully revised  in an effort to give offense to no group anywhere on earth, the most powerless, vulnerable, disenfranchised group of all--unborn children--are dismissed as irrelevant and until very recently, delivering such children to term only to suck out their brains within their mother's wombs or having their spinal cords severed by a scalpel so that they would not qualify as "a life" by being denied the chance to  draw their first breath through a brutal, inhuman, willful act that should rouse any rational human being to anger, was quite legal. Sorry, that is just not good enough and is little different from labeling a particular group--Jews, Muslims, Catholics, etc.--as subhuman so that any atrocity against them may be justified while "right thinking" people turn their eyes elsewhere to the concerns of those more deserving of the label "human" and the protection that label affords.

I am a feminist and have always been. The glass ceiling, unequal pay for equal work, and the historical oppression of the majority of humanity by the minority--men--throughout recorded history can only pain and anger any rational human being. I have been angered beyond all bounds of civility by images on my television screen in the recent past of man's continuing inhumanity towards women, and moved to tears by the bravery of girls facing death in an effort to attend school, to learn to read and write, to become productive members of societies that treat them as chattel because of their sex. But that does not mean that I must turn my sight elsewhere when a woman in a conspiracy with her doctor decides to terminate the life in her womb in the seventh, eight or ninth month of pregnancy. Roe v. Wade does not require it (the decision grants a woman an absolute right to abort, in consultation with her physician, only during the first trimester, not some absolute right to abort until a child takes his/her first breath or is delivered alive). Nor do concerns about equity, justice, expediency or reason.

A particularly troubling analogy that I have seen rational, intelligent proponents of abortion on demand without limits is the comparison of a woman's right to abort as equivalent to her right to make health care decisions, such as excising a cancerous growth. Such reasoning is fatally flawed. A baby is not a cancerous growth, He/she is not an illness. While scientists and religious scholars can debate when life begins (or, from a religious perspective, when a soul enters the body), it is patently absurd from a biological perspective to argue that life begins when the baby fully exits the birth canal and takes his/her first breath.  The beginning of life is not the issue legally or morally for me, but rather the demarcation of a viable human life that can exist outside of the mother's womb with or without medical intervention (such as the use of an incubator).

I've already articulated that I find abortion as a means of birth control to be morally wrong. But I thankfully do not live in a theocracy, and would not impose my belief system on others. Hence, I am willing to tolerate abortion until the point of viability--but no more other than in cases involving the life of the mother. In such cases, when the fetus poses the risk of death to the mother due to an underlying health condition, then I would support abortion until the moment before birth if the mother (or her proxy if she is incapacitated) chooses the option to abort. Abortion in other circumstances  is a compromise I make for the sake of civil society. As I've already said, I am a pragmatist. But there has to be a line drawn somewhere lest unbridled pragmatism devolve to anarchy. My stance is no different on this issue than that of most rational people of conscience who see a difference between personal ethics and societal ethics in a pluralistic democracy, and who understand the need to distinguish among the two in order to preserve democratic values and the rule of law.

The inconvenient truth with regard to this issue is that everyone knows a nine month fetus is in fact a child--not a thing, not a disease, not a cancer  but a living human being who does not need to breathe only because the mother's womb sustains him/her through the umbilical cord and to whom we deny for the sake of political expediency the protection we provide to lower animals--even to chickens and rodents. I have no problem eating a fertilized chicken egg which was at one time a living organism; it contains only the potential of becoming a chicken. But if I allow the egg to come to term, viewing quite clearly the life it contains through a sonogram or similar technology, and wait until the chick inside begins its struggle for life by pecking at the shell from the inside until the first crack appears and at that moment I stomp on it, can anyone have any doubt that I have killed a chick? If we don't care what Jesus would say, why do we care about what PETA would say on the issue? Am I not guilty of animal cruelty, a felony in my state and to my knowledge  in most others, by stomping on an egg that a chick has cracked in its fight for life?

Am I the only person who has a problem reconciling the ethics and politics of people who loudly profess the right of every woman to abort at nine months while screaming bloody murder should I step on a chicken egg at the cusp of hatching? The disconnect in those views is at once ironic, humorous and irrational. If the point has not been driven home, consider this. Assume arguendo that dog and cat fetuses are a delicacy for certain subgroups within our culture. Further assume that these people wait until the moment of natural birth for dogs and cows to insert a probe into bovine and canine uteruses respectively to suck out the brains of the as yet unborn cattle and puppies in utero and then deliver the animals dead, either whole or in pieces, depending on their preferred practice. Anyone care to argue that the victims of this travesty are not guilty of animal cruelty because the "unborn" puppies and baby cows killed in utero were only the equivalent of cancerous growths and not dogs or calves? Would we allow a young serial-killer-in-training to suck out puppies, kittens or even unborn rats from pregnant animals for his amusement with a modified vacuum cleaner attachment and say it is all right for him to do so (as long as he does not injure the mothers, of course) because these are not yet animals who have drawn a breath and therefore have no rights (or souls, presumably)?

The answers are self evident. The little sociopath engaged  in the practice described above would doubtless be given more than a time out by the most liberal of parents--even non vegan ones who do not contribute to PETA. I suspect the practice would be punishable even in San Francisco and in the state of Vermont. Yet people of conscience have absolutely no problem with denying human babies the protection we provide viable rat embrios--or chicken eggs in the process of hatching.
Nor does the argument "my body my choice" hold sway when the fetus reaches the point of viability and has the ability to live outside of the mother's body. A woman should have the legal right to make the choice by the second trimester, and I support that rights whatever my personal feelings may be on the issue of abortion. Wait beyond that and the rights of the viable child supersede the woman's right to choose. The state has both the right and duty to protect the life of a viable fetus, not just the woman's right to make medical decisions. As a male, the rights over my own body are also not absolute. If I get into financial straits or simply would like to buy a newer car as my current one is 11 years old, I can't sell a kidney--even though I have a spare--or a testicle (ditto), or an eye, or a piece of my liver.  The law prevents it in every state--and in every civilized country. The law likewise has the right to restrict abortion on demand. Arguments to the contrary are simply incorrect--that's not an opinion but a fact based on current and past law.

People are free to have any opinions they like on the subject of abortion and irreconcilable differences will remain based on both politics and the related schools of ethics that inform them. But there is no honest debate possible on abortion on demand until a baby takes its first breath being an unqualified right in the U.S. States can, do and should restrict late term abortion involving a healthy fetus other than in instances involving the life or a serious threat to the health of the mother. In this as in so many other issues, taking an extreme stand only hurts the cause of a woman's right to choose and invites state regulation which have been and will continue to be upheld for the foreseeable future by the U.S. Supreme Court.

My stand angers both the right and left on the issue equally. Pragmatic solutions to difficult problems almost always have that effect on true believers who are predictable in their perpetual inability to see beyond the limits of their own orthodoxy (and prejudice) and who believe themselves entitled to force their opinion, their political point of view and their system of ethics on the rest of us by any means necessary. If we are cowed into silence by their tactics and shrill voices seeking to silence dissent, we will not long live in a democracy, nor will they.

The New Obama Youth?

[This post was originally posted on one of my other blogs on July 2, 2013]

There is a thin line between education and indoctrination. For zealots, the divide is simple: getting out their message is education, by whatever means necessary, and any who disagree are quickly marginalized, ridiculed and ostracized as wrong headed obstructionists who need to get out of the way or face being run down by the progressive train.
 
As is true of all political discourse, adults can draw their own conclusions and argue the merits/wisdom/need of managing information in order to impact public opinion in the service of the public good. I have no problem with that. As a university professor, I have never shied from controversial topics and have always endeavored to engender honest discussion about issues of public interest in class. When I have a strong opinion on the wisdom of a specific law or public policy, I briefly share it for the sake of full disclosure with my class; they have a right to know the filter through which I view the world. I never try to convince any of my students that my point of view is the correct one or to marginalize dissenting views. If I can’t draw out an opposing viewpoint from the class, I do my best to articulate one in a clear and fair manner so that students can draw their own conclusions. I love to play the devil’s advocate, borrowing a page from the Jesuits who have always done so in the name of knowledge and have historically drawn much fire for their refusal to blindly embrace dogma in the pursuit of knowledge.

My own teachers and college professors in the late 60s through the early 1980s  were not quite so open minded or tolerant of dissent, actively promoting a leftist agenda directly and indirectly in too many of my classes. As someone who has never been easily swayed by the current direction of the prevailing societal winds, this made little difference to me. I was more than capable of separating the grain from the chaff by the fourth grade, and shrugged off the sometimes heavy-handed editorializing for what it was. Nevertheless, I have no doubt that then and now the constant drumbeat from the left has a significant influence on the  malleable minds of children through high school and young adults beyond, as it takes an intellectually mature person with a healthy sense of self to avoid marching in lockstep to a constant, consistent drumbeat throughout K-12 and beyond.

I was neither greatly affected nor scarred by my left leaning professors and teachers for most of whom I had and still have a great deal of respect and gratitude. Nor did the very few right-leaning professors I encountered have any greater impact. For good or ill, I am not someone who is easy to indoctrinate and reject the strict dogma of both extremes and always have. My own politics are right of center but I will not pass a right-wing litmus test any more than I would one from the left. I believe in freedom of expression and hate attempts to undermine it for any reason with very few exceptions–and I strongly oppose any effort from the government to quash dissent or regulate free speech beyond the proscription against obscenity or the instigating of violence.

I offer the above for the purpose of placing what I am about to write in proper context. I am outraged by a report today about efforts in California to have public school students “trained to be messengers to family members.”

According to The Heartland Institute, a spokeswoman for Covered California said the group has “confidence” the Los Angeles program “will be successful in reaching our target population, which includes family members of students.” Teens will be trained in this “pilot program” to provide “outreach and limited education to family and friends in and around their homes, . . . educating adults that they already know (e.g., family or friends) and not other adults.”

I have not searched the web for reaction, but I know I will not be the only one to rightfully see the troubling parallels to the “Hitler youth” in this. With $990,000 reportedly earmarked by a grant for this particular purpose, can a Minister or Propaganda be far behind? If successful, will this “pilot” be extended to having students explain to their family and friends the President’s interpretation of the Constitution and why he is justified in circumventing Congress by legislating by presidential fiat (a/k/a Executive Order) whenever Congress refuses to adopt his agenda?

Even avoiding the Hitler Youth elephant in the room (and please spare me the, “No, no, you stupid troglodyte this is not Hitler but O-B-A-M-A, get it?” feces of male bovine, it seems to me that with U.S. students’ performance lagging behind the world’s industrialized nations and making us an appropriate laughing stock in our penchant for spending more money than anyone on the planet on education per capita without being able to teach our children to read, write, or do math,  is this an appropriate change to the curriculum or wise use of limited funds?  Is there a single rational person out there who can answer “yes” with a straight face outside of Congress or the state legislature in California? If so, please send your photo to Wikipedia so that your picture can be added to the definition of Chutzpah.