Trying to Win Versus Trying to Embarrass

Radley Balko on the Patriots thumping the Redskins today:

So did the cheating Patriots really just go for it on 4th and 1 with a 38-point lead halfway through the fourth quarter? And did they really just throw deep while up 45-0?

Is there anyone outside of Boston who will be rooting for these asshats next week?

I will not.

I have no problem accepting or acknowledging that the Patriots kicked our asses. Seriously, the game wasn’t as close as the score indicates, which is ridiculous since the final was 52-7. I don’t even have a problem with scoring when winning 45-0. If the defense can’t stop you, that’s just the way it is. But in the scenario Mr. Balko mentions, the only reasonable action is to kick the field goal. That’s playing the game. Going for it? That’s running up the score.

If I had a Jerk of the Day award, Patriots coach Bill Belichick would win in a landslide.

Federalism can’t dismiss the Ninth Amendment.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Via Hit & Run, this Ron Hart column discusses federalism:

My solution to the unworkable yet appealing idea of secession is to devolve more powers to the states and fewer to Washington. It is what our Founding Fathers intended. And if you read the Federalist Papers, you will realize that they never intended our central government in Washington to be this expansive and overbearing.

So far, I’m on board. Unfortunately, Mr. Hart succumbs to the same mistake that too many libertarians make, including me.

If you want an abortion, then move to a state that allows it. If you want to smoke weed, then go to California. If you think that we should pay for everything a lazy welfare person demands, then go to a state that gives them flat-screen TVs and, instead of government cheese, offers an assortment of French cheeses that are both delicious and presented in a pleasing manner.

The basic reason that we fought for our independence is to do what we damn well please as long as it does not harm others. …

We would all need to move to a city bordering several states so that we could partake of a range of freedoms. Not the range, of course, because this view leaves plenty of space for naked majoritarianism.

I live in Northern Virginia, where D.C., Maryland, and West Virginia can be reached in roughly an hour (if D.C. traffic magically disappears). Under this view of federalism, if I want to smoke marijuana, play blackjack, buy porn, and enter a same-sex marriage contract, I’m positioned well, as long as each state/district offers one of the four. I’d better keep my car gassed up and my appointment book clear, lest I not have the capacity to drive all over the mid-Atlantic region to exercise my inherent liberties in a place where everyone has agreed that I may exercise them.

Kip offered the necessary summation to this ridiculous view in the comments to the entry I referenced above, which I believe (hope) was the last time I made this mistake:

…”federalism” does not mean that it’s any better to have one’s liberties infringed at the state level than at the federal level.

Exactly. Small-l libertarianism is about liberty, not blind hatred of the federal government or the silly belief that local is better.

Trying to reduce your party is an interesting tactic for electoral success.

Harold Meyerson does not want you to see that there are (at least) two parties in every transaction.

The problem is that the drift of much of Wall Street toward the Democrats on noneconomic issues coincides with Wall Street’s creation of inscrutable and unregulated investment devices that imperil the entire economy, as the current mortgage crisis makes painfully clear.

It’s exclusively Wall Street’s fault for creating a new financial product with contractual terms that new home buyers willingly agreed to pay? Interesting theory, but what about the portions of Wall Street that entered these crisis-inducing contracts? Are they feeling no pain? On the probably unlikely chance that they are, might that act as an incentive to better think through future innovations? (Excuse me, inscrutable and unregulated investment devices.) At a minimum, might those home buyers now feeling the pain of their financial mistake learn something useful for making the economy work better in the future?

In the context of the essay, which discusses the looming Democratic choice to nominate two SEC commissioners, Meyerson concludes with this:

If the financial industry prevails, it will also leave the Democrats having to answer an awkward question going into the 2008 elections: Why does America need two parties that represent Wall Street?

Probably because all Americans benefit from the economic success created through increased efficiency and innovation offered by Wall Street.

Insert random, relevant Orwell reference here.

It’s a fairly effective standard by now that I’m against whatever the Wall Street Journal’s editorial board agitates in favor of. I’d never surrender critical thinking and dismiss its essays without reading the arguments. But if I did, I’d be wrong less often than I’d be right.

For example:

As the Bush Administration winds down, one of its main tasks is preserving Presidential war-fighting powers against poaching by a hostile Congress and expansive judiciary. On this score, last week’s Senate “compromise” on warrantless wiretaps is at best a mixed achievement. In return for Congress’s blessing to continue this surveillance, the White House is ceding some of its Constitutional authority to unelected, unaccountable judges.

Presidential war-fighting powers apparently include the ability to ignore the Fourth Amendment. I missed that in the text of the Constitution, but I’m sure it’s there. Maybe it’s in the Ninth Amendment. Oh, wait…

I do love the mention of unelected, unaccountable judges. Anyone who supports President Bush in his quest for a dictatorial reading of the Constitution has no business challenging anyone as unaccountable, but set that point aside. Judges are certainly accountable to the Congress. And should they really be elected? Opening the rule of law to politics isn’t a particularly conservative position. Of course, the Journal’s editors aren’t really conservatives, in the limited government sense, so the talking point in place of an argument is unsurprising.

On the topic of telecom companies complying with warrantless government requests for information:

The larger principle is whether private individuals or companies should be punished for doing their patriotic duty when requested to do so by the government.

And we’ve reached the point where I stop taking them seriously. We all have a patriotic duty to serve our government. I can’t imagine a more un-American concept.

In the wake of 9/11, President Bush and the Attorney General asked the telecom companies to cooperate in what they told the companies was a legal program.

September 11th? Check. Blind faith in the benevolence of President Bush? Check. Government is always right? Check.

For centuries, the common law presumption has been that private parties should have legal immunity if they comply with such requests.

This sounds suspect, but I’m not an attorney. Wouldn’t companies have attorneys smart enough to request warrants? If they don’t know or ask, they should be immune simply because the government asks? This doesn’t sound correct.

In the absence of evidence that the government’s request is illegal, private actors should be given the benefit of the doubt for cooperating.

Again, obedience should be the default. It’s interesting that the government should always be presumed innocent until proven guilty. Don’t we have our republic specifically because we figured out that such an assumption was foolish?

Of course, if we’re using the preposterously low “in the absence of evidence” as our guide, shouldn’t the telecoms have asked the government to produce a warrant? Wouldn’t the absence of a warrant (“Don’t you worry about that”) be the absence of “the absence of evidence” that the government was engaging in shenanigans?

Imagine a society in which everyone refused such requests for fear of being sued: No airplane passenger would dare point out suspicious behavior by another passenger, and no subway rider would speak up about a suspicious package.

I wonder what they’ve named their straw man. They have to have named him by now, because I’m sure he’ll be around for a long time. It would be tedious to constantly say “hey, you, straw man”.

The airline passenger should and would point out suspicious behavior, but how did that get involved here? The issue is whether the government may instigate – without a warrant – an investigative search of data for alleged suspicious behavior. Set the scenario honestly. The government is going to the individual/company, not the other way around.

[The bill] includes a six-year sunset provision, which makes no sense against a terror threat that is likely to continue for decades.

A decades-long war. Hmm, why would anyone be concerned about setting aside a key Constitutional amendment to give the president broad powers? Gosh, I’m confused.

The great irony here is that, in the name of checking “secret” Presidential power, Congress is giving enormous authority to judges who will also make decisions in secret and never have to answer to the voters.

Unchecked, the president (in general, but President Bush, definitely) would make this decision in secret. When would he answer to voters for his secret exercise of this alleged power? I’m supposed to feel better with less oversight, as long as the kept-in-the-dark voting public can vote with information it doesn’t have? The Constitution is up for a vote?

Yet if the President won’t protect the Presidency, who will?

If the president won’t protect civil liberties, who will? If the Congress won’t protect civil liberties, who will? If the courts won’t protect civil liberties, who will?

The Constitution is wonderful. Politicians should read it.

George Will destroys the argument that the Constitution needs line-item veto authority for the president to make Congress behave.

But were a president empowered to cancel provisions of legislation, what he would be doing would be indistinguishable from legislating. He would be making, rather than executing, laws, and the separation of powers would be violated.

But Mr. Will demonstrates how presidents would misbehave:

And the line-item veto might result in increased spending. Legislators would have even less conscience about packing the budget with pork, because they could get credit for putting in what presidents would be responsible for taking out. Presidents, however, might use the pork for bargaining, saying to individual legislators: If you support me on this and that, I will not veto the bike path you named for your Aunt Emma.

Indeed. It’s the same basic argument as the one given for tax cuts instead of spending cuts. On spending, we’ve already learned that Congress is content to spend future tax receipts if it can’t get them today. Why should we expect future presidents – like members of Congress, politicians every one of them – to find religion on the line-item veto? We may not accurately predict the unintended consequences, but we should be smart enough to know they will occur.

A principled president would simply veto any and all appropriations bills until the Congress can a) trim it down to its legitimate essentials or b) override the veto.

Reason is quite informative.

The Blowfish Blog makes several excellent points while discussing circumcision. (Link/site probably NSFW by most office standards.) While I reject any notion that something other than immediate medical need justifies child circumcision (whether religious, cultural, or potential benefits), I particularly like that the author, Rebekah Skoor, has the sense to write this:

I’ve always been a fan of waiting until my kids were old enough to make their own bodily decisions before asking if they wanted to get circumcised. I ran this idea by the boys and they looked aghast, as if I had just taken away their new Prada shoes and replaced them with Tevas. “Oh HELL no!” they shrieked. Apparently no one in their right mind would volunteer for a circumcision when they were old enough to remember it.

Isn’t that telling parents something, though? If you won’t submit your penis to Mr. Knife when you are old enough to remember it, wouldn’t it reason that these babies are lying in their cribs thinking, “Just what the hell do you think you are gonna do with THAT?”

Of course babies don’t want unnecessary circumcision. And all evidence demonstrates that the overwhelming majority of men left intact never choose (or need) circumcision. Logic and data suggest only one course of non-action.

Contrast that with the interviewer who couldn’t reason through a question about a choice unbiased by having been surgically altered at birth with unnecessary circumcision.

Effective HIV prevention does not involve distorting facts.

I saw this Richard Holbrooke essay on HIV when it appeared a few weeks ago. Nothing in it warranted¹ specific comment from a circumcision perspective that hasn’t been said repeatedly. This is all he offered:

A viable prevention strategy would encompass education and counseling, free condoms, female empowerment, more male circumcision, and abstinence.

Implement four of those five suggestions and number four becomes irrelevant. Or, if you’re in an intelligent mood, replace more male circumcision with more personal responsibility. Life has consequences, even with circumcision. (At the very least, insert voluntary adult between more and male.)

Today, thanks to Daniel Halperin and his essay in today’s Washington Post, I must reference Mr. Holbrooke. Halperin opens with praise for Holbrooke’s stance that we need to reduce the number of new infections before we can suggest any progress. Fair enough, with quibbles, but it’s stunning how quickly Halperin will abandon the logic he demonstrates here:

The most rigorous study yet conducted, a randomized trial from Zimbabwe published last month in the journal AIDS, found an increased rate of HIV after people underwent testing and counseling compared with those who did not, though the increase was not quite statistically significant. The London-based researchers noted that some other studies similarly have found “disinhibition,” or a worsening of behavior, among people who learned they were not infected. While it might seem intuitive that knowing one’s HIV status and, ideally, receiving good counseling would lead to behavior change and reduced risk, the real-world evidence for this conventional wisdom is still unclear, especially for the large majority who test negative.

With what other strategy might disinhibition be a problem?

As Holbrooke noted, circumcision has indisputably been proven to prevent HIV. It reduces the risk of male infection during intercourse by at least 60 percent and, unlike a condom, cannot be forgotten during a moment of passion. Nearly all of 15 studies conducted throughout Africa found that most uncircumcised [sic] men would want the service if it were affordable and safe, and even more women prefer it for their partners and children.

Holbrooke did not state in his essay that circumcision prevents HIV. If he had he’d be spreading untruths, but he chose not to, speaking of ways to reduce the transmission. To be fair, I suspect prevent is a fill-in as a less awkward way for Halperin to say reduced risk. This distinction is important, though, because prevent has stronger implications. Only abstinence prevents sexually-transmitted HIV. Because there are lives involved, this topic deserves more care with words.

It appears – not indisputably, when looking at all data – that (voluntary adult) male circumcision reduces the risk of female-to-male² transmission by up to 60 percent³, not at least. Why the distortion, if not to promote a preferred solution?

Returning to the potential problem of disinhibition in HIV, the real-world consequences of our actions should never be dismissed as a factor the way they are in the circumcision debate. But circumcision advocates already dismiss that in their rush to portray adult males as too irresponsible, so better to address Halperin’s statement in his own context. A condom can be forgotten. True. But it can also be intentionally abandoned because (voluntary adult) male circumcision “prevents” HIV. (See how important words can be in this topic?) Could that possibly lead to disinhibition? Does Halperin believe that circumcised men can engage in unprotected sex and not become HIV infected if they skip a condom only once?

Time to revisit Halperin’s next sentence and put the emphasis where it should be:

Nearly all of 15 studies conducted throughout Africa found that most uncircumcised [sic] men would want the service…

Which studies contradict the belief that men want circumcision? Of those men who do not want it, is it reasonable to assume that some of the infants now being circumcised would not want it?

Remind me again how only people who believe that males (and females) should be protected from medically unnecessary surgery are passionate – in the frothy, derogatory sense – about circumcision. Lying and selective omission of data are the actions of a passionate circumcision advocate.

¹ Also from the Holbrooke essay:

… Anthony Fauci, the famed director of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, has stated the case in dramatic terms. Speaking in July at an international conference, Fauci said: “For every one person that you put in therapy, six new people get infected. So we’re losing that game.” He went on to say, “Clearly, prevention must be addressed in a very forceful way.”

Draw from that what you will, but the evidence suggests what kind of force too many people prefer to “prevent” HIV.

² Notice how Halperin wrote “male infection”, not “female-to-male infection”. The latter is correct, as no study has shown that (voluntary adult) male circumcision reduces male-to-male infection. He’s speaking of Africa, where heterosexual transmission appears to be the primary route of infection, but public health advocates like Halperin are rather quick to justify routine infant circumcision for potential benefits it has not been demonstrated to potentially offer. Unfortunately, male-to-male is the primary transmission method in the United States, not female-to-male. But promoting circumcision conforms to our cultural obsession, so it allegedly passes such semantic omissions.

³ The reduction in risk appears to be up to 60 percent when studies on long-term transmission risk are ended early. There is a lag between infection and testing positive. This period is also the most infectious for HIV transmission. Halperin acknowledges this. Might this matter, especially in light of disinhibition?

More choices exist beyond “Now” and “Later”.

From the initial premise, this article on circumcision from The Boston Globe is flawed. The title is “Disputing the need for circumcision”, which implies that the onus to justify a position is on those who understand that males are (almost always) born with healthy genitals; surgery is not indicated.

The discussion should be over. But it’s not. Our culture is irrational enough to believe that a circumcised penis is normal and a normal penis is weird. We’re stuck with a psychologist, Ronald Goldman, defending sanity rather than a circumcision proponent trying to defend insanity. Typical.

The article opens with a passage from the Book of Genesis. I’m unimpressed, for multiple reasons.

The interviewer descends further into the ridiculous throughout his interview with Dr. Goldman. Specifically, this tired nonsense, begun with an intelligent rebuttal from Dr. Goldman based on ethics:

Would you want someone else to make the decision . . . or would you want to reserve that choice for yourself.

Q. I’d prefer them to make that decision when I was an infant than for me to make it at the age of majority, when it would be many times more painful.

Spoken with the ignorance of hindsight exhibited by most circumcised men, to which I’ll just ask questions, in no particular order:

  • How much evidence do we have from infants that circumcision pain is acceptable to them?
  • How do we know it would be many times more painful as an adult?
  • What’s the difference between the pain management (not always) given to infants and the pain management available to adults?
  • What’s the difference between the circumciser’s ability to judge how much skin to remove from an infant versus an adult?
  • Does the adult’s ability to offer his input into that estimation matter?
  • Is it relevant that intact adults almost never choose or need circumcision?
  • Do similarities in the rates of disease (allegedly, in many cases) related to the penis/foreskin and the lack of similarities in rates of circumcision between America and Europe indicate anything significant?

At the end, the interviewer asks Dr. Goldman a curious question:

Q. Are you circumcised? How did you get so passionate about it?

I’d ask the interviewer how he got so indifferent about imposing medically unnecessary surgery on a boy’s healthy, normal genitals.

I wish to include the possibility that the interviewer is not indifferent. The belief that parents may impose medically unnecessary surgery on their boy’s healthy, normal genitals is a passionate stance in defense of routine infant circumcision, whether it’s acknowledged as such. So, to the interviewer: how did he get so passionate about circumcision?

Principles of Liberty vs. Politics of Selfishness

To stay on the Michael Kinsley theme, his new essay in Time discusses libertarianism. Calling Ron Paul a libertarian isn’t the only mistake (omission?):

To oversimplify: Democrats are for Big Government; Republicans are against it.

This is a slam-dunk, so no need to feel like it’s an oversimplification. Mr. Kinsley is correct about the former, but he should’ve replaced against with for in that sentence.

To oversimplify somewhat less, Democrats aren’t always for Big Government, and Republicans aren’t always against it. Democrats treasure civil liberties, whereas Republicans are more tolerant of government censorship to protect children from pornography, or of …

Selective, no? Democrats do not treasure civil liberties any more than Republicans. They treasure different civil liberties, but Democrats are no more prepared to defend what they dislike than Republicans. You can look at pornography, as long as it doesn’t offend your neighbor’s feelings that you like only heterosexual caucasian pornography in which the man works for a living before coming home to have sex with his stay-at-home-mom wife. I exaggerate, of course, but how many First Amendment issues do Democrats cave on at the first hint that someone is offended?

Many people feel that neither party offers a coherent set of principles that they can agree with.

The first truth in the essay.

… For them, the choice is whether you believe in Big Government or you don’t. And if you don’t, you call yourself a libertarian. Libertarians are against government in all its manifestations.

Followed by an oversimplification. Anarchists are against government in all its manifestations. Libertarians (with a small-“l”) recognize that the government has a legitimate function, represented by powers expressly given to it in the Constitution.

Mr. Kinsley continues with more oversimplification, which I will ignore through ommission. Picking up later in the paragraph:

… And what is the opposite of libertarianism? Libertarians would say fascism. But in the American political context, it is something infinitely milder that calls itself communitarianism. The term is not as familiar, and communitarians are far less organized as a movement than libertarians, ironically enough. But in general communitarians emphasize society rather than the individual and believe that group responsibilities (to family, community, nation, the globe) should trump individual rights.

Both Democrats and Republicans behave as “communitarians”. Democrats treat wealth as community property. Republicans treat marriage as a collective right for two people rather than an individual right. Need I continue?

Like the AMT entry, I think Mr. Kinsley mostly gets it. The second half of his essay is good, apart from the “Ron Paul is a libertarian” part. I recommend the essay if you have any mistaken notion that libertarians are anti-social loners who think we should each command our own army and trade little children as day laborers so we can all save one penny on a pair of shoes. I just wish he didn’t play loose with the truth about communitarians Democrats and Republicans to set up his conclusion. He could’ve gotten there with the truth.

The self-inflicted wound creates temporary sanity?

Michael Kinsley on the AMT:

The alternative minimum tax. It sounds horrible, doesn’t it? And it has very bad press. The AMT was invented in 1969 as a way for the government to collect at least something from affluent people who had been a bit too successful at taking deductions and credits on the basic Form 1040. It operates like an extra fence around a maximum-security prison. If they don’t get you the first time, they’ll get you the second.

It would be easy to get indignant here because that’s a ridiculous analysis. It’s impossible to describe those 155 non-taxpayers as “a bit too successful at taking deductions and credits on the basic Form 1040”. Those deductions and credits came about because the politicians were picking winners and losers with giveaways in the tax code. The problem arose because 155 people figured out they could benefit from complexity being harder to manage than simplicity and the extreme inability of politicians to grasp that.

The next paragraph eliminates indignation, almost.

Conceptually, this is all wrong. Tax deductions aren’t (or aren’t supposed to be) goodies distributed like candy on Halloween. Each one should have its own justification. And you are entitled to each one you qualify for. Giving the kids too much candy and then trying to take some of it back is a good way to become unpopular in the neighborhood. The AMT is getting more unpopular every year, as more and more taxpayers fail to make it over that second fence. That group was fewer than 1 percent of taxpayers in 2000 and will be 20 percent in 2010 unless something is done.

There are a few points worth making, but they require going into details. Mr. Kinsley is offering an incomplete summary more than analysis. Fine. But it’s incorrect to assess the AMT’s new victims as failing to make it over the second fence. The AMT is getting unpopular, in the basic populist sense that it arose, because the government is actively pushing people over the first fence. Mr. Kinsley later adds:

The problem with present arrangements isn’t the AMT; it’s Bush’s tax cut for the affluent.

That is a reason more people are hit by the AMT. It is not the problem. From the liberal viewpoint that loves progressivity¹, everyone else is the rich. The average liberal voter is thinking that he is, at best, succeeding reasonably, whatever his level of success. It’s the other guy who should face the burden, the guy who is supposedly rich. He knows there’s a top sphere that deserves to be punished forced to pay his fair share, but he is never that guy. Now that the AMT is hitting through poor (illegitimate) design, the dual burdens of complexity and stupidity hover around his checkbook. And he’s pissed.

Later, Mr. Kinsley writes:

The AMT prevents the federal deficit from being even higher than it is.

Technically true, I suppose, but that’s wrong. The deficit is high. “Higher” is worth discussing, but the inability of Congress to stop trading federal goodies for votes keeps both the deficit and taxes high. Deficits prevent the AMT from being lower.

Mr. Kinsley’s conclusion, however, is spot on. A flat tax would be the answer. But the problem always rests with politicians and their inability to govern based on principles of fairness (and the Constitution), as opposed to the economic populism that currently rules.

But one person’s loophole is another person’s important social policy — or, in fact, the same person’s important social policy. As soon as we get that simpler system, people will start cluttering it up again: lower rates for capital gains, to encourage investment; the charitable deduction, to encourage philanthropy; a bigger exemption for dependents, to encourage “family values” (you got a problem with this, buddy?). But all that’s okay — in 20 years we can sweep out the clutter and start all over again.

Unfortunately.

¹ Conservatives love the AMT, too, since they can’t be bothered to spend less. Or fix the AMT while they had complete control of the government.