Wednesday, August 4, 2010

Humble, Competent People

If economists could manage to get themselves thought of as humble, competent people on a level with dentists, that would be splendid.

-- John Maynard Keynes, 1931

In this week's Sift:

  • The Sift Bookshelf: ECONned by Yves Smith. The writer of the blog Naked Capitalism has a new book explaining the financial collapse. It's comprehensive, readable, and not at all pretty or reassuring. She believes the lessons of the crisis were not learned, and won't be learned until something even worse happens.
  • It's Important, But It's Not News. Some of the most significant stories play out too slowly to get the news media's attention. Here are two: A gene conferring antibiotic resistance on bacteria can jump from one strain to another, so many different diseases might soon be untreatable again. And global warming was supposed to increase plant growth, which would trap carbon and slow the process down. But it's not working out that way.
  • Short Notes. Disbelief in global warming is becoming a standard Republican position. Palin still doesn't understand the First Amendment. The surface slick is gone, but the underwater oil plume is still there. The Ground Zero Church. And more.


The Sift Bookshelf: ECONned by Yves Smith

I'm still trying to figure out what happened in the financial collapse of 2008. In April I reviewed The Big Short by Michael Lewis, which gave a trader's perspective and boiled the whole thing down to one problem: The Wall Street investment banks figured out how to trick the ratings agencies into giving AAA ratings to crap investments, and once that hole-in-the-system existed, they did the logical predatory thing and ran as much money through it as they could. Something-for-nothing deals have to collapse eventually, and the collapse of this one ate up trillions.

I still think that's a true story, but it begs some larger questions: Such a story can only happen in a certain kind of world. How did we come to be living in that world? And why can't we seem to get out of it?

Yves Smith's ECONned: How Unenlightened Self Interest Undermined Democracy and Corrupted Capitalism provides a larger context for the collapse and explains why it is likely to happen again.

Economics. Rather than a single point of failure, Smith describes problems on many levels. She starts with economics -- both the way it has developed and the way it has been popularized for political discussion.

Since World War II, economics research has become increasingly mathematical. An economist makes his/her name by expressing something economical in an equation, and then proving that equation from more abstract assumptions.

The problem is that economics is not really that kind of science; inherently it's more like sociology than like physics. So turning an economy into a mathematical model involves making very unrealistic assumptions. (For a detailed criticism of those assumptions, see Eric Beinhocker's The Origin of Wealth, which I reviewed last year.)

Several of those bad assumptions play a role in the 2008 collapse:

  • Random distributions are normal distributions. Normal distributions are the easiest to deal with mathematically, but it's well known that actual economic variables have much fatter tails than a normal distribution. In laymen's terms: Extreme events that the model says happen every million years might in fact happen every ten or twenty years.
  • Markets tend toward equilibrium. Engineers who design complex systems understand that there's a trade-off between efficiency and stability: Things that work really well (when they work) have a disturbing tendency to blow up (when they don't). But if you assume from the outset that markets are stable -- that's what this assumption boils down to -- then you can ignore those nasty explosions and focus all your attention on efficiency.
  • Perfect information. The easiest markets to model are the ones where everybody knows everything. But if some participants have inside knowledge and use it to exploit the others -- that's more like sociology than physics. It's hard to put into an equation.
  • Uncorrelated markets stay uncorrelated. In normal times, gold trading in Zurich has nothing to do with wheat trading in Chicago which has nothing to do with the price of houses in Las Vegas. But in a crisis all markets are correlated -- because people who need to raise cash in a hurry sell everything they can.

If all these bad assumptions led economists to conclude that we should confiscate wealth and distribute it to the poor, the powers that be would see through them instantly. But conveniently, they lead to a result that is attractive to the kind of corporations and plutocrats who hire economists and support business schools: Business should be free to do what it wants, and the invisible hand of the market will make it all come out right.

So procedural bias has aligned with patron bias -- the technique you want to use gives you the answer that your sponsor wants to hear. Why question it?

This creates economic "common sense" that is actually nonsensical. And that's why regulators like Alan Greenspan decided that they didn't need to intervene in the housing bubble or the debt explosion, and why the Clinton administration went along with leaving credit default swaps unregulated. Their common sense told them to trust the market.

The same economic common sense told people that greed is good; the market would sort it out and impose whatever moral discipline was necessary. And so everyone discounted the problem that Nobel Prize winner Amartya Sen illustrates with this little story:

"Where is the railway station?" he asks me. "There," I say, pointing to the post office, "and would you please post this letter for me on the way?" "Yes," he says, determined to open the envelope and check whether it contains something valuable.

In other words, if everyone looks for selfish advantage in every interaction, nothing works. Every-man-for-himself competition only makes sense as a small component carefully constrained inside a system of honesty and cooperation.

Wall Street corporate culture. Wall Street investment banks increasingly have adopted the total-selfishness model Sen was criticizing. Traditionally, the goal of an investment bank was to have long-term relationships with large, profitable corporations -- and to help them become larger and more profitable. (You can see this same attitude in the ad agency of Mad Men. Don Draper is no saint, but he sees his interests as aligned with his clients' interests.)

Over the last few decades, investment banks have shifted from a long-term relationship model to a short-term trading model, where the goal is to make as much money as possible on every transaction. That means taking advantage of the client whenever possible -- buyer beware -- even if it destroys the relationship and even if it destroys the client altogether.

The result was predictable to anyone who understood Sen's point: A banker who sees his clients as prey will soon start seeing his stockholders as prey too. The trader who cares nothing for his long-term relationship with the client will also not care about his long-term relationship with his firm. And so trades that create short-term profits (and bonuses) but put the firm in long-term danger -- those are good trades from the perspective of a short-term predator.

The final stages of the financial collapse -- the ones that made even masters-of-the-universe like Goldman Sachs insolvent without a government bailout -- involved complex transactions that tricked internal accounting systems into booking future profits as current profits (and paying bonuses on them), even though those future profits would ultimately turn into losses. The pirates pillaged their own firms.

Smith is one of the few authors to call this what it is: looting.

Bailout and reform. By the time things unraveled in 2008, the government had to do something and it was going to cost the taxpayers money. The economy would have collapsed otherwise.

But what the government did -- under both Bush and Obama -- was to replace the looted money and otherwise leave the system untouched. They treated the collapse as a glitch, not as a structural problem that needed a structural solution. (And not as incompetence that required a wholesale housecleaning of every bailed-out firm.)

What's more, the same policy-makers who watched it all happen and made excuses for Wall Street as the looting unfolded -- Tim Geithner, Ben Bernanke and others -- are overseeing the reform process, such as it is.

Smith concludes:

We have not built enough checks into the process to assure that the banking class will not go out and create the same train wrecks again on a grander scale. In fact, as things stand now, they are almost guaranteed to do precisely that.

If this were just corruption, it would be bad enough. But Smith points to a deeper problem she calls "cognitive regulatory capture": The Geithners and Bernankes share the economic common sense that created the disaster, and they don't know how to look at the world differently.

To a lesser extent, the public shares this economic common sense as well, so (in spite of a widespread belief that Wall Street robbed us) there is little political support for an alternative system.

And finally, there is a truth no one wants to face up to: Economic growth used to be based on increased employment and increased wages -- which led to increased consumer spending and increased production in a virtuous cycle. Recent booms have been based on asset bubbles that created collateral for increased debt. Consequently,

no one seems prepared to accept that healthier practices will result in much more costly and less readily available debt.

At the moment, no one has painted a convincing picture of how we get the economy moving again without another debt-based asset bubble. Until the public has such a picture firmly in mind, it will look at a future without cheap debt the way that an addict looks at a future without drugs.


Rolling Stone's Matt Taibbi shares Smith's skepticism about the post-crisis reforms in his article Wall Street's Big Win:

During the yearlong legislative battle that forged [the Dodd-Frank] bill, Congress took a long, hard look at the shape of the modern American economy – and then decided that it didn't have the stones to wipe out our country's one dependably thriving profit center: theft.

He also sees regulatory capture:

Throughout the negotiations over the bill, in fact, Geithner acted almost like a liaison to the financial industry, pushing for Wall Street-friendly changes on everything from bailouts (his initial proposal allowed the White House to unilaterally fork over taxpayer money to banks in unlimited amounts) to high-risk investments (he fought to let megabanks hold on to their derivatives desks).

And the underlying problem:

In a sense, the failure of Congress to treat the disease is a tacit admission that it has no strategy for our economy going forward that doesn't involve continually inflating and reinflating speculative bubbles. Which sucks, because what happened to our economy over the past three years, and is still happening to it now, was not an accident or an oversight, but a sweeping crime wave unleashed by a financial industry gone completely over to the dark side.

Both ECONned and The Big Short make a point that bears repeating: The financial sector makes so much money because it is so inefficient.

In the standard Econ 101 capitalist fantasy, that statement makes no sense. The whole justification for profit is that entrepreneurs add value to the system either by enabling people to do new things or do the same things more cheaply. On the surface profit looks like money taken out of the system, but in fact it's just a small slice of the value entrepreneurs put into the system.

Take Henry Ford, for example. His combination of assembly line production and mass marketing made it possible for middle-class people to afford cars. He made $100 million in a single year in the 1920s, but so what? Even after subtracting his profit, he added value to the American economy.

If the bankers were doing something similar, if they were just siphoning off a portion of the value they add to the financial system, who could grudge it to them? They'd be matching up lenders and borrowers more efficiently; creating a payments system that got money from buyers to retailers with less overhead; writing more transparent, more accessible insurance policies that helped people insure exactly what they needed to for less money. We'd all benefit from their actions.

But they're not doing any of that. None of the new financial products concocted during the bubble years created value for ordinary people. Instead, they invented confusing products precisely so that they could sell people things they didn't need, get them to take risks they didn't understand and couldn't afford, and trick them into paying large fees that weren't obvious when the contracts were signed.

This is not the everybody-wins capitalism of Econ 101. The huge salaries and bonuses of the bankers are simply a drain on the economy. We get nothing back from them.



It's Important, But It's Not News

News is whatever has happened since the last time we talked. So CNN thinks of news in minute-to-minute terms, newspapers day-to-day, and Time week-to-week. Only at high school reunions are multi-year processes considered news.

But important things do happen on a five-year or twenty-year or hundred-year timescale. When should CNN tell you about them? To its credit, CNN and other news sources do sneak them in once in a while (if they can be tied to something that happened since the last time you tuned in). But if you blink, you miss them.

Here are two that crossed my radar screen recently:

New antibiotic-resistant bacteria. Somewhere in the back of your mind you probably already know about drug-resistant bacteria like MRSA (staph) or XDR-TB (tuberculosis) or C-DIFF. Well, those pesky bugs are just the overture. It's going to get a lot worse over the next 10 years or so.

The underlying problem is that overuse of antibiotics creates an environment where drug-resistance can evolve. Every time we rain antibiotic hell down on some population of bacteria, the germs that are less susceptible to that antibiotic get an advantage over their competition. Over time, the bugs pick up one resistance after another.

We used to think about resistance in terms of individual strains of bacteria, but now researchers have discovered the NDM-1 gene

which passes easily between types of bacteria called enterobacteriaceae such as E. coli and Klebsiella pneumoniae and makes them resistant to almost all of the powerful, last-line group of antibiotics called carbapenems.

So NDM-1 is not just a small step for a germ, it's a giant leap for germ-kind. It works like this:

The gene is carried on a plasmid, a small section of DNA that can move from one bug to another, passing on drug-resistance as it goes. These have, according to the paper [in the current issue of Lancet], "an alarming potential to spread and diversify among bacterial populations."

The gene's discoverer, Professor Tim Walsh of Cardiff University, comments:

Even if scientists started work immediately on discovering new antibiotics against the threat, there will be nothing available soon. We have a bleak window of maybe 10 years, where we are going to have to use the antibiotics we have very wisely, but also grapple with the reality that we have nothing to treat these infections with.

NDM-1 bacteria apparently are already widespread in India. Medical tourism -- Brits saving money by getting their surgeries done in India -- is bringing it back to the United Kingdom. From there, who knows?

The potential problem isn't just plague-like infections that so far haven't surfaced. Antibiotics provide the foundation on which the rest of modern medicine has been built. Without effective antibiotics, organ transplants are impossible and every abdominal surgery is life-threatening.

Plants aren't keeping pace with global warming. A few years ago scientists thought that as the Earth got warmer, the total planetary plant mass would increase too. It seemed to make sense: warmer weather, longer growing seasons, more and bigger plants.

Plants capture carbon out of the air and hold it in their bodies, so plant growth would be a stabilizing factor: People putting more carbon into the atmosphere would lead to more plants taking it out.

It's not happening.

Global plant growth is now overall declining and this is because, while some areas are still benefiting from an increased growing season, other areas are starting to be retarded by drought and water deficits

If a longer growing season would help anywhere, it would be someplace with cold winters and good soil. Someplace like, say, Russia. See the problem?

So it turns out that plants (like shrinking polar icecaps) are a de-stablizing factor in global warming: The more carbon in the atmosphere, the hotter it gets, and the more the deserts expand, leading to plants taking less carbon out of the atmosphere.



Short Notes

At a debate among New Hampshire Republican Senate candidates, all six agreed that man-made global warming is unproven. When the Milwaukee Journal Sentinel asked Wisconsin Republican Senate candidate Ron Johnson about global warming, he said "I think it's far more likely that it's just sunspot activity."  Asked what he thinks CO2 does in the atmosphere, Johnson said, "I think it's sucked down by trees and helps trees grow."


Sarah Palin continues to have no idea what the First Amendment says. She thinks it means that she herself and people who agree with her shouldn't be criticized for saying crazy things -- and she's been remarkably consistent about that interpretation for the last two years.


The BP oil slick may be gone from the surface, but there's a mile-wide, 20-mile long plume about 3600 feet down. A Florida State oceanographer told Congress:

I expect the hydrocarbon imprint of the BP discharge will be detectable in the marine environment for the rest of my life. The oil is not gone and is not going away anytime soon.

A lot has been made of the poll showing that increasing numbers of Americans (18% now) think President Obama is a Muslim, but I think they're missing the real point: How would you know -- not just suspect, but objectively know -- if the media were biased and that one side or the other had a propaganda advantage?

Well, it's obvious, isn't it? If people were getting biased information, they'd believe false things that slanted in one direction. Like "Obama's a Muslim" or "Obama wasn't born in this country". Crazy crap like that.


Jon Stewart demonstrates how the same techniques Fox uses to connect the imam behind the Ground Zero Mosque to terrorism can also connect Rupert Murdoch..


And what's up with that church near Ground Zero that Fox cares so much about? Is it getting worse treatment than the mosque? No. The hold-up is about whether it will get a public subsidy to rebuild, an issue that doesn't apply to the mosque.


Each story I hear about the Christianization of our armed forces is a little more outrageous than the last one. Here, Chris Rodda reports about a company being marched out to attend a Christian rock concert, with those who opt out being put on maintenance duty instead.

 

The Weekly Sift appears every Monday afternoon. If you would like to receive it by email, write to WeeklySift at gmail.com.

 

Monday, August 2, 2010

Severed from the People

The press-politics system that produces this kind of news is so inward-looking that it threatens to sever the government from the people.

-- Lance Bennett, Regina Lawrence, and Steven Livingston, When the Press Fails

In this week's Sift:

  • Why WikiLeaks Isn't Ending the War. A theory from a three-year-old book explains why the WikiLeaks story is more like the Downing Street Memo than the Pentagon Papers.
  • The End of (Military) History? Andrew Bacevich claims: "The Western way of war has run its course." How close is he to being right?
  • The Oil Spill. The worst didn't happen: The well is capped and the surface slick has mostly dissipated. Now the media pendulum may swing too far in the other direction and tell us the spill was never a big deal.
  • Race, Class, and Jim Webb. Senator Webb's article "Diversity and the Myth of White Privilege" is not nearly as bad as its headline.
  • Corporations 3, Humans 0. The impact of the Supreme Court's Citizens United decision isn't just theoretical any more. Corporate power may be reaching a tipping point.
  • Short Notes. The NH primary would be a granite stumbling block for a Palin candidacy. Reagan's budget director won't drink the tax-cut kool-aid. Glenn Beck's golden fleece.


Why WikiLeaks Isn't Ending the War

This week's mystery was something that didn't happen: Why didn't WikiLeaks' release of 91,000 U.S. military documents about the war in Afghanistan (75,000 available to the public so far) start a firestorm that forces a major change in the conduct of that war, or maybe even a withdrawal?

The leak hit public awareness a week ago Sunday, with simultaneous articles in the New York Times, the London newspaper The Guardian, and Germany's Der Spiegel, the three outlets WikiLeaks had given an advance look.

Wednesday, the House passed another Afghan war appropriation as if nothing had happened. By yesterday, Frank Rich was reassuring us that the Pentagon Papers hadn't ended the Vietnam War singlehandedly either. He offered this weak consolation:

What Ellsberg’s leak did do was ratify the downward trend-line of the war’s narrative. The WikiLeaks legacy may echo that.

By this morning, the WikiLeaks story had all but vanished. The front page of the Times' web site still had a link to a Sunday news story about Defense Secretary Gates' claim that the leak damaged national security, but nothing about undermining support for the war. Even the liberal blog TPM wasn't talking about it.

So what's up with that?

By fortuitous coincidence, my Journalism Reading Project had uncovered a book that explained it: When the Press Fails by Bennet, Lawrence, and Livingston. It came out in 2007 and examined coverage of the Bush administration, from the Iraq build-up to Abu Ghraib to Hurricane Katrina. The mystery the authors were trying to solve is why

a press system dedicated to telling "both sides of the story" so often reported only one.

In the pre-war debate about Iraq we often heard only the administration's side, even when its message was false. Abu Ghraib started out to be a this-changes-everything story, but before long the administration got control of it -- changing the media's terminology from torture to abuse and focusing on "a few bad apples" of low rank rather than the guilt at the top.

How did that happen, given that journalists themselves are likely to be liberals? The authors did a lot of quantitative analysis about the trajectory of major stories, and came up with this theory [italics theirs]:

what carries a story is not necessarily its truth or importance, but whether it is driven by dominant officials within institutional decision-making arenas such as executive policy circles, or legislative or judicial processes.

In other words, the press isn't covering the issue, it's covering the government's decision-making process about the issue. If something important is revealed, the mainstream press will cover it -- once, for the sake of the public record. But to keep a story on the front pages, some important player in the government -- somebody powerful enough to change things -- has to pick up the ball and run with it. So if Congress holds hearings, or if the courts get involved, or if there is a rift between factions in the administration, the press will cover it.

But if no official does anything, the story dies. No matter how important it is.

Right now, no powerful force is bucking the administration's Afghanistan policy. Republicans are generally pro-war and Democrats are mostly pro-Obama. There's an anti-war faction among Congressional Democrats (102 House Dems voted against the most recent appropriation), but they don't control anything big enough to make news. So far, there doesn't seem to be anything in the leaks that someone could take to court and hope to win.

So there it stands: The information is in the public record for those who really want to know, but it won't be news again until somebody with power uses it to take action. If they ever do.


The best parallel here isn't the Pentagon Papers, it's the Downing Street Memo. Leaked in 2005, it proved that the Bush administration was set from Day One on an Iraq invasion and manipulated the public to support one.

It was dynamite, and it got covered -- sort of. But Republicans held firm and the Democrats in Congress weren't ready to make a big push to end the war. So the memo became part of the public record, but never part of a why-the-war-must-end narrative that competed seriously with the administration's narrative.

When the Press Fails uses the terminology of frames, and puts it this way:

a productive frame contest exists in the news only when information independent of an administration is put on a par with information obtained from that administration, and when the media present a coherent counterperspective, not just bits and pieces of alternative perspectives.

That's exactly what the mainstream media doesn't believe it should be doing: starting a "frame contest" with the administration. They'll throw the facts out there, but not pull them together into an alternative point of view and push it. That would be a role for a propagandist, not an "objective" journalist.


Unfortunately, When the Press Fails lacks perspective on a Democratic administration. The main thing to observe about coverage of Obama is that the conservative flagships -- Fox News and the Washington Times -- don't play by the mainstream media rules. They have no scruple about keeping a story going on their own (see the New Black Panther Party story) or presenting a counterframe that isn't supported by any powerful institution.



The End of (Military) History?

Andrew Bacevich (bio) posted a challenging article this week, The End of (Military) History? announcing that "the Western way of war has run its course."

Like the book he takes his title from (Francis Fukuyama's The End of History), Bacevich is overstating things, but he does have a case: Recent wars demonstrate the huge gap between what most Americans think war is supposed to accomplish and what it can actually do for us.

For most of human history, war was good business if you were good at it. You could sack other capitals and bring their treasures back home. You could ransom prisoners, sell conquered subjects into slavery, impose taxes on foreign cities, and so on. The Caesars built Rome on the profits of war.

That model started sputtering in the American Civil War and failed completely in World War I, which bankrupted even the winners. Why? Industrialization and modern communications made it possible to turn an entire population into a war machine. That was so expensive and so mutually destructive that the economics no longer made sense: If you won, you could claim a larger piece of the pie, but the pie had shrunk so much and cost so much to win that it wasn't worth it.

Plus, modern wealth isn't sackable. You can carry gold and slaves back home with you, but not an electrical grid or an educated work force. By some measures, South Korea has the world's best internet system. But if Kim Jong-il conquered the South, all he could do is destroy that system. He couldn't sack it and bring it home.

But even if they didn't profit, winners still got to impose their will. America no longer has slavery because the North won the Civil War. Germany is democratic and France is not fascist (rather than the reverse) because the Allies won World War II.

But even that justification has been failing in most wars since Vietnam. We (and the Israelis, who are Bacevich's second example) keep winning on the battlefield, but failing to impose our will. (Afghanistan is Exhibit A.) Military history is almost certainly not over, but we need to take a hard look at what's going on, and lower our unreasonable expectations.

Here's what I think war can do today:

  • Prevent somebody else from gaining an advantage by force. That's the lesson of the First Gulf War: Saddam conquered Kuwait, we threw him out, and Kuwait more-or-less went back to normal.
  • Destroy things that need destroying.Israel's air raid on Saddam's nuclear reactor, for example. If Saddam had really had WMDs in 2003, and if our goal in invading Iraq had been to destroy them and leave, it could have worked.
  • Free people in captivity or capture (or kill) people you want to bring to justice. We haven't been able to pull off a capture of Bin Laden, for example, but at least that is within the realm of military possibility.
  • Finally, If you're willing to go that far, genocide and ethnic cleansing still work. You can kill everybody, or drive out an indigenous population and repopulate the land with your own people. (That's how ethnically European people like me came to be Americans in the first place.)

I think that's a complete list. If what you want to do isn't on it, or if you can't get what you want by threatening one of those things, then you can't do it with military force.

Where we've gotten in trouble, I believe, is that certain ways of imposing your will depend on the ultimate threat of genocide, which we are not willing to do. It's like in the movies, where everyone has to do what you say because you've got the gun. In practice, it doesn't work that way unless people believe you're willing to kill them -- and not even then, if they're willing to die.

I think a lot of Americans still have that movie-gun expectation: We've got tanks in the streets and bombers in the air, so everyone has to do what we say. When they don't, we have no next step.

Assuming (as I do) that genocide and ethnic cleansing are going to stay off our list of options, war is not that useful to us any more, except to deter other nations from going to war. There are a few additional situations where a raid might accomplish something worthwhile, but that's about it.

That capability cost us $782 billion in fiscal 2009.



The Oil Spill

This week's other surprise was that the BP oil spill is dissipating faster than most people expected. (Some sources are saying faster than anybody expected, but back in May this guy was predicting exactly what's happening now. I wasn't convinced, but I linked you to him in June because he looked honest and plausible.)

Naturally, the media pendulum is swinging back too far in the other direction: The oil spill is no big deal, Nature takes care of these things on its own, environmentalists tried to scare everybody about nothing, and so on.

Let's get our bearings. One of the worst possibilities isn't happening: A big oil slick won't cover the surface for years to come, cutting off oxygen and turning some large chunk of the Gulf of Mexico into a dead zone before spilling out into the Atlantic. Religious people should thank God and everyone else should be feeling some unfocused gratitude. It could have been a lot worse.

But that doesn't mean everything is fine now. The slick has broken up into smaller particles, many of which have sunk to lower levels. But the oil is not gone, and neither is the chemical dispersant BP used in unprecedented quantities. Grist's Brad Johnson explains.


Stephen Colbert knows what has happened to the oil. Noting that since the BP well has been capped, spills have appeared in Michigan and Louisiana, Colbert concludes: "The oil has achieved whack-a-mole technology."



Race, Class, and Jim Webb

Democratic Senator Jim Webb of Virginia walked into a mine field by writing a column in the Wall Street Journal about race. It came at either a good or a bad time, depending on your point of view. For months, Fox News and the rest of the right-wing media had been banging the drum about racism against whites, trumping up a series of baseless stories that culminated in the Shirley Sherrod fiasco.

Finally the Right had gone too far, and voices from the Left weren't going to let them get away with it this time. Last week I pointed you to Rachel Maddow's connect-the-dots reporting about Fox News attempt to stir fear that "black people are coming for you." This week Joan Walsh picked up that message, naming it "the 50-state Southern Strategy" after Richard Nixon's successful effort to turn white resentment into votes in the South.

So it was disheartening when, three days after the Sherrod resignation, Webb's column appeared in the WSJ under the headline "Diversity and the Myth of White Privilege". I like Webb, so I offer this excuse for him: The term white privilege doesn't appear in his article, and I know from experience that editors (not writers) compose headlines. So Webb's headline may have surprised him as much as anybody.

The left side of the blogosphere struck back hard. David Sirota (who has been a Webb fan in the past) wrote a column inducting him (and NYT columnist Ross Douhat, who made a similar point)  into "The Cult of White Victimhood". Author Tim Wise pulled Webb's article apart line-by-line in an article that drew 435 comments -- with few Webb defenders -- at Daily Kos.

Webb, though, is arguing something a little more nuanced than "black people are coming for you". A major theme of Webb's political career is class. In his book A Time to Fight he says:

Contrary to the bellicosity of the right-wing talk-show mavens, it is not class warfare or envy to point out that economic inequalities persist in our society. In fact, the reverse is true: It is class warfare from the top down to pretend that such inequalities don't matter.

In the context of his career and its message, I don't think Webb is saying that white privilege is a myth. I think he's pointing out that White America has class divisions. And whenever there is a price to pay for racial justice, upper-class whites make sure that lower-class whites pay it. (This is one theme of Anthony Lukas' Pulizer-winning book Common Ground about the desegregation of Boston public schools. Upper-class whites sent their children to private schools or moved to upscale suburbs unaffected by desegregation, leaving lower-class whites and blacks to hash out the problems.)

When Yale decides to admit fewer whites, the George W. Bushes don't lose their place. Douhat references a study of admissions at elite colleges:

For minority applicants, the lower a family’s socioeconomic position, the more likely the student was to be admitted. For whites, though, it was the reverse. An upper-middle-class white applicant was three times more likely to be admitted than a lower-class white with similar qualifications.

This is a double-win for the white upper class: Not only do they avoid losing any of their own privileges, they turn lower-class whites and blacks against each other.

Webb wants to focus affirmative action programs more narrowly on the descendants of the victims of slavery and Jim Crow, rather than on everyone who isn't white. And he hints that upper-class blacks don't need help either. Presumably this would lessen the impact of affirmative action on lower-class whites.

I haven't thought enough about that proposal to comment on it. (I'd rather see a direct assault on upper-class white privilege, but that may be politically impossible.) But I do think that Webb and Douhat are expressing part of the racial conversation we need to be having. While rejecting the outright propaganda, I think race is an issue where we need a little less purity-of-message and more listening to all honest opinions.



Corporations 3, Humans 0

In January, when the Supreme Court granted new first amendment rights to corporations, pro-human activists comforted themselves with two thoughts. The first said that corporations wouldn't do much with their new rights, and the second said that it wouldn't matter as long as we had good disclosure laws, so that people knew whose propaganda they were listening to.

Bad news on both counts: First, coal companies are going to use their newly granted rights to campaign for Kentucky Republicans in this year's House and Senate races. Mine safety advocate Tony Oppegard says:

Between them, ICG and Massey have had 41 miners killed in just two disasters. It’s disturbing to see companies that don’t have strong safety records try to defeat politicians, like Ben Chandler, who have fought for stronger mine safety.

Second, a Republican filibuster in the Senate has blocked the DISCLOSE act, a bill to force corporations to identify themselves in political ads they buy.

Summing up: Through their Republican Party subsidiary, corporations already wield enough political power to insure that they can anonymously spend vast sums to acquire more political power. As Kent Brockman once famously announced, "I, for one, welcome our new insect overlords."



Short Notes

It's always satisfying when the hard data backs up your intuition: If Sarah Palin runs for president, she'll have a problem here in the New Hampshire primary. A new poll of NH Republicans says Palin runs fifth with 9% of the vote.

Why? The Religious Right isn't strong here. NH Republicans are libertarians and fiscal conservatives who are equally suspicious of church and state. They are also comparatively well educated and want at least a reasonable pretense that there are ideas behind the slogans.


David Stockman was Ronald Reagan's budget director and ought to know a thing or two about conservative economics. In yesterday's NYT, he wrote a stunning indictment of current Republican economic proposals -- particularly extending Bush's tax cuts for the wealthy beyond their original expiration date:

Republicans used to believe that prosperity depended upon the regular balancing of accounts — in government, in international trade, on the ledgers of central banks and in the financial affairs of private households and businesses, too. But the new catechism, as practiced by Republican policymakers for decades now, has amounted to little more than money printing and deficit finance — vulgar Keynesianism robed in the ideological vestments of the prosperous classes.


A graphic explanation of how Glenn Beck is helping a sponsor fleece his listeners. Short version: Get them worried that the currency is going to collapse, invent a conspiracy theory about how the government is going to confiscate gold bullion, and then personally vouch for a company that will sell them gold coins at a huge mark-up.


 

Tuesday, July 13, 2010

Contractions

The mind of a bigot is like the pupil of the eye. The more light you shine on it, the more it will contract.

-- Oliver Wendell Holmes Jr.

In this week's Sift:

  • The Ground Zero Mosque. Mainstream opponents of the mosque rely on a lot of unstated assumptions. Uglier voices go ahead and state them.
  • If Republicans Take the House.Remember the Clinton years? That's what they've got in mind.
  • Disinformation Watch. The Shirley Sherrod incident lowlighted a big week for disinformation, but there was some encouraging pushback.
  • Short Notes. June and climate change were both too hot for the Senate; Jane Austen's Fight Club; don't take your gun to mass; Arizona shows what Tea Party principles are like in practice; Ohio's giant Chia pet; more bogus trends; my news fantasy; and Top Secret America.


The Ground Zero Mosque

One tactic of polarization is for each side to trumpet the nastiest stuff on the other side -- as if this kind of extremism is typical among your opponents, who all think this way when they're not trying to present a reasonable public image.

And so an offensive YouTube video often gets more attention from its foes than its fans. That happened back in 2003 when MoveOn sponsored a "Bush in 30 Seconds" competition to make and upload your own anti-Bush video. Somebody uploaded an ad comparing Bush to Hitler, which MoveOn decided was offensive and took down -- but not before conservatives had grabbed it and prominently displayed it on their own web sites as an example of MoveOn's liberal extremism. (It's still being used that way.) So the Bush/Hitler video has probably been viewed far more often by conservatives than by liberals.

I try to keep that example in mind while I sift the news, because my goal is to keep Sift readers well-informed, not just pissed off. So when I run across some example of right-wing hate or ignorance, I try to ask myself: How important is this? Is it an example of an attitude that is widespread and influential, or is it just a few crazies representing no one but themselves?

This long build-up is necessary because the debate over the proposed Cordoba House, a.k.a, the Ground Zero Mosque, has pulled a lot of the nasties out of their holes. The protests range from mainstream Republican leaders like Sarah Palin, who issued this joycean tweet:

Ground Zero Mosque supporters: doesn't it stab you in the heart, as it does ours throughout the heartland? Peaceful Muslims, pls refudiate

to the lunatic fringe, who are virulently anti-Muslim. The question is how much attention those harsher voices deserve: Do they have an actual following? And is there a clear division between what they're saying and what the mainstream voices are saying, or are they fleshing out what Palins and Gingrichs merely hint at?

In this case I've decided that the ugly voices do have a sizable following, and that often they are saying explicitly what the mainstream voices only imply.

The main idea behind all the anti-mosque activists -- ire against a mosque visible from Ground Zero makes no sense otherwise -- is collective guilt. Muslims blew up the World Trade Center in 2001 and now Muslims are building a mosque nearby. We are supposed to think of them as the same people. This ad, put out by the National Republican Trust (no direct connection to the Republican National Committee), makes it clear:

On September 11, they declared war against us. And to celebrate that murder of three thousand Americans, they want to build a monstrous 13-story mosque at Ground Zero.

Who? They.

This video, whose reasonable-sounding narrator is nobody famous, but whose message has been viewed more than 2 million times, takes it a step further. Muslims -- even apparently secularized, Westernized American Muslims -- are not just tainted with collective guilt, they are actually rooting for the downfall of the United States:

Those of you who know -- personally -- who know Muslims close enough to where they can tell you what they really think, you know this is actually quite common: Good citizens in public, not-so-good citizens in private. Interestingly, this dual Muslim nature is advocated in the Koran.

So if you think that Ali (who has lived next door or worked with you for years) is actually a nice guy -- think again. His religion tells him to be tricky. Secretly he was dancing for joy when the Twin Towers went down.

The second, related idea is that we're not chasing down a conspiracy of international criminals, we're at war with Islam itself -- all 1.5 billion Muslims. Newt Gingrich, for example, blogged this:

There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia. The time for double standards that allow Islamists to behave aggressively toward us while they demand our weakness and submission is over.

This only makes sense if you assume several incredible things.

  • The Christendom and Judaism are at war with Islam.
  • The United States plays a role in that war comparable to Saudi Arabia's; churches and synagogues are "ours" while mosques are "theirs".
  • Religious intolerance is a valuable tactic in that war, a source of strength.
  • We have handicapped ourselves by swearing off this tactic while our enemy uses it.

I don't see how else to reach Gingrich's remarkable conclusion that the United States ought to take Saudi Arabia as its model, basing our behavior on what they do. And it's not just Newt. If you watch Fox News or read the comments in just about any article about the Ground Zero mosque, you'll find many people echoing his point: We ought to be intolerant because the Muslim countries are.

Mayor Bloomberg has the right answer:

I think our young men and women overseas are fighting for exactly this. For the right of people to practice their religion and for government to not pick and choose which religions they support, which religions they don't.

To which I would add this: We respect religion freedom not as part of some deal with the rest of the world, but because that is the American way. We see it as a source of strength, not weakness, and we'll do it whether anybody else does or not.

The Founders would be horrified at the idea that we might give up on religious freedom because some other country doesn't practice it. At the time they were writing that principle into the First Amendment, no other country was practicing it.

Juan Cole gives this example:

Ben Franklin … wrote in his Autobiography concerning a non-denominational place of public preaching he helped found “so that even if the Mufti of Constantinople were to send a missionary to preach Mohammedanism to us, he would find a pulpit at his service.”

I wondered whether there were any English-speaking Christian churches in Hiroshima. Yes, there are.


 

Ground Zero is just the tip of an iceberg. New mosques are being protested all over the country.



If Republicans Take the House

What can we expect if the Republicans take control of the House? We got some indications this week that they want to do what they did during the Clinton administration: investigate everything until they can find an excuse to impeach the president. Thursday, Michelle Bachman told the GOP Youth Convention: "I think that all we should do is issue subpoenas and have one hearing after another."

Impeach Obama. The same day the flagship conservative newspaper, the Washington Times, had not one but two editorials (by Jeffrey Kuhner and Tom Tancredo) demanding President Obama's impeachment. Each editorial is long on rhetoric, but the specific high crimes and misdemeanors to be prosecuted are hard to decipher.

Tancredo says Obama is "an enemy of our Constitution" who "does not feel constrained by the rule of law". He objects to the "weakest possible defense of the Defense of Marriage Act", the auto bailout, the off-shore drilling moratorium, "his appointment of judges who want to create law rather than interpret it", and large deficits -- without saying what specific laws these policies might violate.

Obama's "most egregious and brazen betrayal of our Constitution" is his immigration policy, which Tancredo says violates his constitutional responsibility under Article IV "to protect states from foreign invasion". So Tancredo's impeachment cases seems to rest on interpreting the "invasion" metaphor literally.

Kuhner accuses Obama of "erecting a socialist dictatorship".

We are not there - yet. But he is putting America on that dangerous path. He is undermining our constitutional system of checks and balances; subverting democratic procedures and the rule of law; presiding over a corrupt, gangster regime; and assaulting the very pillars of traditional capitalism.

The specific policies Kuhner mentions are mostly acts of Congress like health-care reform (which he claims funds abortions), that could be thrown out by the courts if they are actually unconstitutional. (But they won't be -- because they are constitutional -- so impeachment is necessary.) Comprehensive immigration reform will make 12-20 million new citizens -- "shock troops for his socialist takeover". The administration is a "gangster regime" and a "fledgling thug state". Kuhner closes with what sounds to me more like a call for assassination than impeachment: "The usurper must fall."

So far Congressional Republicans have not shown any inclination to resist the wilder ideas that come from the Right. Will they resist this one if they get the power to pursue it? I'm not optimistic. A Republican House will take as an axiom that Obama should be impeached; they'll search until they can find an excuse.
Repeal everything. High-ranking Republicans have pushed repeal of health care reform and Wall Street reform. They can't actually do either, of course, without 60 votes in the Senate and enough popularity to intimidate an Obama veto. But what they could do is refuse to fund implementation.
Return to Bush policies. The basic Republican ideas are still to cut rich people's taxes, let corporations regulate themselves, and stand behind Big Oil.

Will they? The Intrade Prediction Market is giving Republicans a 55% chance of taking the House, which seems high to me. But it all hangs on this bit of framing: If the 2010 elections becomes a referendum on whether or not people are happy, with voting Republican as the way to register unhappiness, the Republicans will win. If it becomes a contest between the Democratic vision of the future and the Republican vision, the Democrats will win.

The reason I think 55% is high is that most voters still do not know who their candidates will be and what positions they will take. So polls are still mostly an am-I-happy-with-things measure. As we get closer to election day, I expect more voters to compare candidates' visions.

The model here is the Nevada Senate race. A few months ago, when that race was just about Harry Reid and his responsibility for how things are, Nevadans wanted him out. Now that he has an opponent -- Tea Party extremist Sharon Angle -- he has forged into the lead.



Disinformation Watch

This week had a major disinformation story: the Shirley Sherrod incident. Tuesday, Rachel Maddow did a good job of covering the collapse of the original Obama-official-is-racist spin, and then she did an even better job Wednesday of connecting the dots:

What is the same about the four Fox-News-initiated "scandals": Van Jones, ACORN, the New Black Panther Party, and Shirley Sherrod? What's the same about these four stories?
This isn't about racism, this is not a story about picking on black people. This is a story about political outcomes, the tried and true political strategy of not targeting black people, but targeting white people. white voters, or white would-be voters to feel afraid of black people. To feel afraid of African-American people as if they're not fellow Americans, but rather a threat to what white people have.

This tactic goes way back. Maddow traces it to George Wallace and the segregationists, but she could walked it back to the early days of the labor movement, when hard-working people who wanted a living wage and a safe workplace were painted as dangerous communist revolutionaries.

You can't rally your side by standing for inequality, for keeping other people down. If you want to oppose equality, you have to pretend that you're the ones in danger. That's what Fox is pitching to whites: telling them over and over again that black people threaten them, and proving that point by making up facts as necessary.


Andrew Breitbart, the well-connected conservative blogger who promoted the doctored Sherrod video (and the doctored ACORN videos before it) has a defense: His dishonest smear wasn't aimed at Sherrod, it was aimed the NAACP in order to discredit their criticism of racism in the Tea Party.  I'm glad he cleared that up. (And BTW, what he's saying about the NAACP is also false.)

Former Bush speechwriter David Frum comments on the Right's unwillingness to police itself:

When Dan Rather succumbed to the forged Bush war record hoax in 2004, CBS forced him into retirement. Breitbart is the conservative Dan Rather, but there will be no discredit, no resignation for him.

Frum blames this on the "closing of the conservative mind" -- an unwillingness to face difficult facts. But Digby has another explanation:

this phenomenon is clearly less a matter of narrow-mindedness and ignoring of unwelcome fact than a conscious decision to lie for political ends. The [conservative] rank and file are misinformed because they are being purposefully led astray by the same conservative intelligentsia which owns and operates the right wing media.

The other big disinformation story is Journolist. Journolist was a private email discussion list with (according to Wikipedia) "400 journalists, academics and others, all with political views ranging from centrist to center-left to leftist."

The list was set up to be private, but sensationalized excerpts are being released on Tucker Carlson's conservative blog The Daily Caller by Jonathan Strong. (Latest one here.) On the Right, this is seen as evidence of the great left-wing media conspiracy that they have always known existed.

That story has a few holes. First, this is like Climategate: a large collection of private emails excerpted to make the writers look bad. But unlike Climategate, the full collection is not available to the public. So when Strong mixes quotes with paraphrases (often the quote is only damning in the context of the paraphrase) we can't check whether the paraphrase is fair.

Second, the Daily Caller headlines exaggerate. Salon observes:

Today's Caller headline — "Liberal Journalists Suggest Government Shut Down Fox News" — is objectively untrue. Simply reading the e-mails quoted in the story show that a non-journalist asked an academic question — whether the FCC had the authority to shut down Fox — and was quickly shot down by the journalists involved in the discussion.

Finally, the Caller's stories rely on the reader's imagination to connect the dots. A real expose' would start with a Journolist comment and show how it led to some particular biased news coverage by the commenter or his/her organization.

This only seems sinister if you already know in your gut that biased coverage elected Obama. Without that faith-based knowledge, even the cherry-picked excerpts sound like beleaguered liberal academics and opinion journalists (not reporters) trying to catch up to the better-organized conservative spin machine.


Elena Kagan has not been "promoting the injustice of Shariah law" -- or wearing a turban.


Lower taxes don't lead to more revenue, as this simple graph shows. But Minority Leader Mitch McConnell defines his own reality:

there's no evidence whatsoever that the Bush tax cuts actually diminished revenue. They increased revenue, because of the vibrancy of these tax cuts in the economy.

Rachel Maddow shows numerous Republican politicians making this tax-cuts-pay-for-themselves point and numerous conservative economists denying it. It's exactly what George H. W. Bush called "voodoo economics".


Only sleight-of-hand allows Republicans to claim that President Obama has "quadrupled the deficit". They are comparing the current deficit to the 2008 deficit of $459 billion. But the government's fiscal year begins in October, so the 2009 budget was actually made under President Bush, not Obama. Bush's last budget projected a $1 trillion deficit, which (due to the recession being worse than expected) had increased to $1.2 trillion by the time Obama took office.



Short Notes

As the Senate gives up on even a very stripped-down climate-change bill, we discover that last month was the hottest June ever recorded.


The fake movie trailer is getting to be an art form of its own, and they don't get much better than Jane Austen's Fight Club.


Because one body is enough and more blood is not necessary, Louisiana Catholics won't be taking advantage of their new right to carry concealed weapons during mass.


Harper's puts its articles behind a subscription wall, so you read the whole thing online, but "Tea party in the Sonora" is incredible. It describes the sad result of the low-tax, low-regulation, and nativist principles (i.e. tea party principles) that have guided Arizona's legislature for several years now.

Here's the detail that paints the whole picture: Arizona doesn't own its own state capitol. They did a sale-and-leaseback arrangement in January to raise cash for the current budget.

Now, why didn't I already know that? Back in September The Daily Show did a great piece about putting the capitol building on the market. "What happens next year?" Jason Jones asks a state senator. "You're killing me here," she answers..


Instead of a concrete noise wall, Ohio is constructing the world's largest Chia pet.


It's been a while since we've checked in on Jack Shafer and the ever-increasing number of bogus trends.


To illustrate the point that non-Americans have almost as much to lose from the decay of the American press as we do, I wrote a fake news story in which foreign governments bail out American journalism. "If the American people continue to be so misinformed," says my fake Swede, "they're just going to keep screwing up the world."


More people should be reading/viewing the Washington Post series Top Secret America.


The Weekly Sift appears every Monday afternoon. If you would like to receive it by email, write to WeeklySift at gmail.com.

 

Monday, July 12, 2010

Crimes Uncovered

We must make atonement for all the terrible crimes we read of in the newspapers. We must make atonement for the still worse ones, which we do not read about in the papers.

-- Albert Schweitzer

In this week’s Sift:

  • Tortured Coverage: Two Problems in 21st Century News. A new study documents how major newspapers fell into line with the Bush administration’s contention that waterboarding was not torture. And a torture-exposing Chicago reporter needs to stop saving lives and find a job.
  • Immigration Reform: Comprehensive or Cartoon? Lots of people want to talk about immigration, but most of them don’t want to get real.
  • DOMA is Unconstitutional. At least one judge thinks so. His logic follows a familiar path. Israel, Palestine, and the New York Times. The protest flotilla didn’t get goods into Gaza, but it got reporters into Palestine.
  • Short Notes. The Sift's new look. Judicial activism is a conservative problem now. One comic’s great comeback. Jobs are still scarce. Sharon Angle defends her right to make her history go away. And rich people are more likely to default.


Tortured Coverage: Two Problems in 21st Century News

Two recent stories about torture expose different aspects of what’s wrong with American journalism.

In the first, a study by students at Harvard’s Kennedy School of Government demonstrated that major newspapers’ characterization of waterboarding abruptly changed in 2004, when it came out that the U.S. government was doing it. Prior to public knowledge of American involvement, 44 out of 54 New York Times stories that mentioned waterboarding characterized it as torture, but only 2 out of 143 subsequent articles did. The LA Times was also studied and its numbers showed a similar pattern.

The raw numbers are bad enough, but then you get to the NYT's self-justification:

As the debate over interrogation of terror suspects grew post-9/11, defenders of the practice (including senior officials of the Bush administration) insisted that it did not constitute torture. When using a word amounts to taking sides in a political dispute, our general practice is to supply the readers with the information to decide for themselves.

Translation: The Bush administration told us not to call it torture, so we stopped. Similarly the Washington Post:

After the use of the term 'torture' became contentious, we decided that we wouldn’t use it in our voice to describe waterboarding and other harsh interrogation techniques authorized by the Bush administration.

What’s wrong here? Waterboarding-as-torture didn’t become “contentious” because some new information threw previous judgments into doubt. It became contentious because an interested party -- the U.S. government -- started contending against it in defiance of all previous objective standards.

And the major newspapers buckled. By backing off of a word the government didn’t want them to use, reversing their previous judgments about its meaning and proper use, they did take a side in the political dispute. I’ll let Glenn Greenwald sum up:

We don't need a state-run media because our media outlets volunteer for the task: once the U.S. Government decrees that a technique is no longer torture, U.S. media outlets dutifully cease using the term. That compliant behavior makes overtly state-controlled media unnecessary.

The second story is also about torture, but on a much smaller scale: A former Chicago police lieutenant was just convicted of torturing sometimes-false confessions out of suspects, some of whom have subsequently been released from death row and won a suit against the city. The case came out of a series of articles investigative reporter John Conroy wrote for the Chicago Reader, starting in 1990.

Chicago public radio station WBEZ lucked out in its coverage of the trial: Conroy was available to blog about it because he’s unemployed. Like most big-city papers, the Reader has been laying off reporters -- obviously not just the deadwood.

So who’s going to catch the next torturing cop? And who’s going to look into the stories of the people who are still in jail based on their tortured confessions? Not Conroy -- now that the trial’s over, he needs to go find a job.



Immigration Reform: Comprehensive or Cartoon?

The Obama administration did two things to push the immigration issue forward in the past two weeks: President Obama gave a speech outlining what immigration reform ought to look like, and the Justice Department filed suit to keep Arizona from enforcing its papers-please law, S.B. 1070. [text of federal complaint. text of 1070]

The course of the immigration debate boils down to this: The problem is simple to describe, and there’s a simple-minded solution that feels satisfying but is cartoonishly unrealistic. Nobody wants to hear complicated answers this year, so every discussion founders on why we can’t just do the cartoonish thing.

WileECoyote.jpg

Here’s the simple problem: Millions -- nobody’s sure exactly how many millions -- of people came to this country illegally and live here either under false identities or off the books entirely. This has both good and bad effects on our economy (which I’ll discuss next week). It creates a big hole in our homeland security (because malevolent foreigners might hide in the crowd of harmless people who sneak into the U.S. and live here illegally). And it undermines our worker-protection and public-health laws (because undocumented workers won’t complain to the authorities, and who knows whether their children get vaccinations).

The simple-minded solution is that you build a wall at the border, then pick up the millions of illegal immigrants and dump them on the other side. Patrol the wall with enough troops to shoot anybody who tries to come back. Done.

As soon as you start adding details to that picture, though, the whole thing falls apart. For instance: If a wall will solve the problem, then why is there an illegal Chinese immigrant problem in Israel? They didn’t walk there.

We want foreigners to come here as tourists, students, and on business of various sorts. And we want to be the kind of open society where the government doesn’t keep track of our every move and force us to keep proving that we’re legal. So unless we’re willing to assign Soviet-style minders to every foreign family that goes to Disney World, we’re going to have illegal immigrants.

Now start imagining the Gestapo you’d need to round up millions of people, many of whom have been here for years and have friends and relatives who are legal residents with attics and basements. At a bare minimum, you’d need national ID cards, surprise house-to-house searches, and big penalties for those giving shelter. Where does that go? Years from now, high school students in Germany might be reading the tragic diary of some teen-age Anna Francisco from Indianapolis.

So if you think about the issue for more than a minute or two, you begin to see that we can’t solve this problem unless the vast majority of our undocumented residents cooperate. We can track down some of them, but we’ll need most them to come in voluntarily and register. And that means that our program has to have more carrots than sticks.

Conservatives hate that, because their instinctive reaction to any problem is to punish some non-wealthy person who doesn’t resemble them. But no punishment-based program can solve this problem.

We need what President Obama (and President Bush before him) described: a comprehensive plan that tightens the border, cracks down on employers, and offers undocumented residents legal status if they jump through a series of hoops. Such a program won’t bring the undocumented population down to zero -- nothing short of ethnic cleansing will. But it should cut the problem down a few sizes.

Unfortunately, you have to get past the Wile E. Coyote solutions before you can even talk about anything realistic. And even Republican senators who know better aren’t willing to stand up to their radical base.


The federal suit against Arizona has a simple point: Regulating immigration is a federal responsibility, and the federal government needs to have the discretion to handle it. For example, it’s federal policy not to deport refugees who come here fleeing oppression. The Arizona law has no provision for that.


The best place I’ve found for studying the immigration issue is the Immigration Policy Center.


Obama’s immigration enforcement techniques are less showy and more effective than Bush’s.


The NYT has a fascinating article about the long-term unemployed. On the third page we find this:

“I would take a gardening job,” said a 58-year-old woman who had earned $24 an hour as an office manager. “I would clean toilets if I could, but I can’t take that job. Millions of people in California are illegal and they’re taking our jobs.”

A long list of factors went into explaining what had happened to the American economy so that former professionals conversant in spreadsheets and mutual funds were now chagrined to be denied the opportunity to scrub toilets. To a student of macroeconomics, the arrival of illegal immigrants seemed far down the list, somewhere after weak long-term job growth and the near collapse of the financial system.

But to unemployed people trying to divine a cause through the miasmatic haze of their own situations, the presence of illegal immigrants was the explanation they could see most clearly. You could spot them on street corners, waiting for work. You could see them crammed into rental homes, or hear their music blaring from pickup trucks. Joblessness was disorienting. Illegal immigrants formed the only putative cause that lived next door.



DOMA is Unconstitutional

Thursday, a federal judge in Massachusetts ruled that a big chunk of the Defense of Marriage Act (DOMA) is unconstitutional.

The case. It’s easy for the facts of a case like this to get lost in the subsequent debate, so I’ll state them up front: Seven same-sex couples who are legally married in Massachusetts applied for federal benefits that opposite-sex married couples routinely get (like family health insurance for federal employees), but they were denied because of DOMA. Three surviving same-sex spouses applied for federal survivor benefits under Social Security and were also denied.

Judge Joseph Tauro ruled that they should get their benefits (with one exception on a technicality). From here the case will almost certainly go to an appellate court and then to the Supreme Court before it is finally resolved.

DOMA. Congress passed DOMA in 1996, shortly after a case in Hawaii raised the possibility that same-sex marriage might become legal in that state. (It still hasn’t happened. Hawaii’s governor vetoed a same-sex civil-union law Tuesday. Same-sex marriage became legal in Massachusetts in 2004 and is now also legal in Connecticut, Iowa, New Hampshire, Vermont, and the District of Columbia. Maryland, New York, and Rhode Island recognize same-sex marriages performed in other states. Wikipedia has the details.)

DOMA says two main things:

  • States don’t have to recognize same-sex marriages performed in other states.
  • Every reference to “marriage” in federal law means opposite-sex marriage.

Judge Tauro ruled that the second is unconstitutional. The first provision is also constitutionally suspect (Article IV: “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”), but it didn’t come up in this case, so it is unaffected.

The reasoning. Most of the coverage of this decsion has emphasized the 10th Amendment states-rights angle. (In ratifying the Consitutiton, the states never surrendered their right to define marriage.) But that’s not the argument that does the heavy lifting.

If you’ve read any other decision that defended same-sex marriage, this one looks a lot the same. They all start with the 14th amendment, which promises “equal protection under the laws” to every person under the jurisdiction of the United States.

In practice, this means that if the government treats one class of citizens differently from another, it needs to have a good reason. How good a reason depends several factors, but the lowest hurdle a law has to jump is the rational basis test:

A law that touches on a constitutionally protected interest must be rationally related to furthering a legitimate government interest.

In other words, Congress can’t pass a law just to screw with some group it doesn’t like. For example, the laws against burglary were passed in order to protect property (a legitimate government interest), not just to screw with burglars because their lifestyle offends Congress’ sense of morality.

Judge Tauro went through the reasons originally given when DOMA was passed, plus a couple of others put forward by the Justice Department (which defended the case on behalf of the government -- more about that later), and found that denying federal benefits to legally married same-sex couples is not rationally related to any of those goals.

[For example, the administration argued that the federal government has an interest in the simplicity of standardizing benefits state-to-state. Judge Tauro found that the federal government had never before worried about the different standards for marriage in the various states, and does not now worry about it with respect to any other issue:

a thirteen year-old female and a fourteen year-old male, who have the consent of their parents, can obtain a valid marriage license in the state of New Hampshire. Though this court knows of no other state in the country that would sanction such a marriage, the federal government recognizes it as valid simply because New Hampshire has declared it to be so.

Worse, this new desire to choose which state-approved marriages it will recognize has actually complicated the federal government’s process rather than simplifying it.]

Putting Tauro’s conclusion very simply: The disadvantages DOMA inflicts on married same-sex couples aren’t unfortunate side-effects of a law with some other good purpose. Disadvantaging same-sex couples is the purpose of the law. And that’s not rationally related to any legitimate government interest.

The Obama Administration’s Role. This case puts the administration in a difficult position. The executive branch has an obligation to defend the laws as written. (Article II, Section 3: The president “shall take care that the laws be faithfully executed.”) So when someone sues to have a law declared unconstitutional, the Justice Department defends.

On the other hand, President Obama is on record saying that DOMA ought to be repealed. One way to get rid of it would be not to defend suits against it. But that’s a bad process, and is exactly the kind of abuse of executive power I complain about in other contexts.

Taken to an extreme, this practice would allow the president and one federal judge to repeal any law they don’t like: You file a test case in the judge’s district, and then the president orders the Justice Department not to appeal when the judge finds the law unconstitutional. Bye-bye law.

Imagine, say, a President Palin or Huckabee refusing to defend a suit against the insurance mandate of the health care reform law. We don’t want to go there. The administration should hold its nose and appeal, and I’m sure they will.



Israel, Palestine, and the New York Times

Without any intention on my part, this week’s whole Sift revolves around the virtues and vices of the New York Times. Maybe I’m just reading articles I used to skim or skip over, but it looks to me like the Times made a conscious decision to deepen its Israel/Palestine coverage after the Gaza flotilla raid.

Usually our news media looks at the world through frogs’ eyes. It only sees motion, so issues can drop out of its sight just by standing still. Israel/Palestine is exactly the kind of topic it covers badly: an ongoing situation where one day looks a lot like the next. These situations may be important, but they’re not “news” in the very literal sense that nothing new happened today.

That was the whole point of the Gaza flotilla. The Israeli government has been very good at pressing the Palestinians without making news, and the flotilla was an attempt to create a newsworthy event that would draw attention to the larger situation.

It’s been working, at least at the NYT, which lately has been sending people out to cover Palestine-related situations that lack any eye-catching event. On July 5 it published a long article about American charities aiding West Bank settlements that the Israeli government considers illegal. Israelis would not be able to get tax deductions for making such contributions, but Americans do.

The money goes mostly to schools, synagogues, recreation centers and the like, legitimate expenditures under the tax law. But it has also paid for more legally questionable commodities: housing as well as guard dogs, bulletproof vests, rifle scopes and vehicles to secure outposts deep in occupied areas.

Interestingly, some of the most radical of the American groups are evangelical Christians, known as Christian Zionists.

This article was followed up on July 7 by a “Room for Debate” segment where eight writers answered the question: “Do U.S. donors drive Israeli politics?”

NYT columnist Nicholas Kristof has been spending time in the region. Thursday’s column drew attention to dissident opinion within Israel, like Rabbi Arik Ascherman of Rabbis For Human Rights.

Rabbis for Human Rights has helped Palestinians recover some land through lawsuits in Israeli courts. And Rabbi Ascherman and other Jewish activists escort such farmers to protect them. The settlers still attack, but soldiers are more likely to intervene when it is rabbis being clubbed.

Kristof draws attention to something that I also have been struck by as I’ve dug deeper into these issues:

The most cogent critiques of Israel’s treatment of Palestinians invariably come from Israel’s own human rights organizations. The most lucid unraveling of Israel’s founding mythology comes from Israeli historians. The deepest critiques of Israel’s historical claims come from Israeli archeologists (one archeological organization, Emek Shaveh, offers alternative historical tours so that visitors can get a fuller picture). This more noble Israel, refusing to retreat from its values even in times of fear and stress, is a model for the world.

In Kristof’s previous column he visited a smuggler’s tunnel on the Egyptian side of Gaza. He reports that there are many such tunnels running 24/7 -- enough that “shops are filled and daily life is considerably easier than when I last visited here two years ago.”

Far from hurting Hamas, Kristof claims, the blockade has created a tunnel economy that Hamas can more easily tax and control, while ruining the Gazan business community that otherwise might be a moderating force.



Short Notes

The Sift has a new look online. That's partly because I decided to redesign, and partly because changes in Google Docs broke the way I used to do things. Comments are welcome both on the overall look and on things that don't work they way you expect them to.


More and more people -- the NYT, for example -- are starting to notice that judicial activism is a conservative vice, not a liberal one.


It’s dangerous to heckle a comic.


Bonddad gives a primer on the lagging employment picture. And here’s another link to that NYT article about long-term unemployment.


Sharon Angle is working hard to blow what should be an easy job: beating Harry Reid in Nevada in an anti-incumbent year. Salon lists her latest blunders.

This one’s my favorite: After winning the Republican primary, she scrubbed her web site of a lot of the wacky right-wing positions that would hurt her in the general election. OK, everybody does stuff like that to a certain extent. But Harry Reid had saved the old Angle web-site material, and when he reposted it, Angle threatened to sue. How dare Reid make Angle’s previous positions available to the voters in her own words!


You know who’s most likely to walk away from a bad mortgage? Rich people.