SYMBOLIC VICTORIES

Our Dear Leader former President George W.

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Bush had a fetish, as is common among Republicans, for "looking tough" and sending the Right Message. When American interests are attacked we must respond with force; to fail to do so will invite further aggression against us. We can never negotiate with aggressors, lest the message be sent that a little pressure will cause Uncle Sam to cave to one's demands.

To a certain extent, Bush and his Republican ilk have a point. When terrorists attacked targets in New York and Washington, D.

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C. a forceful response was necessary and justified. If the response had been to accede to the demands of the aggressors – the withdrawl of the American presence in the Middle East and Israel – it's not hard to see how that would set a dangerous precedent. Even if one considers such a withdrawl to be appropriate, to do it in response to the demands of a terrorist would send an unequivocal message: blow up a plane or two and America will grab its ankles for you. A response was certainly called for, although I would have preferred a useful one rather than a tangential misadventure in Iraq. But I agree with the former President that one cannot bend to the demands of a violent loner or group of extremists.

It is in this spirit that I am deeply disturbed by the news that Women's Health Care Services of Wichita, KS, the clinic of recently-murdered Dr.
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George Tiller, is being closed. Like many Americans, I have a real hard time condoning the practice of third-trimester abortion. Regardless of where one stands on the issue, however, the bigger problem here is the message being sent here: murder the right person and your demands will be met. If President Bush was ideologically consistent (*guffaw*) he'd emerge to remind us all that if we bend to terrorists' demands, they've already won. In this case I can't see the decision doing anything but convincing the fringes of the pro-life movement that they've found an effective way to achieve their ends: lone wolf-style terrorism.
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These people have already convinced themselves that murder is morally justified regarding this issue. If we follow that with positive reinforcement, then from a rational choice perspective there's very little reason for pro-life zealots not to kill a doctor who performs abortions. They see it as trading one life to "save" thousands more. Closing clinics provides a symbolic victory if not a practical one, a victory which lets them know that if they are willing to go to prison (a small price to pay, certainly, for saving the lives of thousands!) they can get what they want.

Now, if we really wanted to go President Bush on this problem we'd pre-emptively arrest every pro-lifer and apply some "enhanced" interrogation techniques. I'd settle for a simpler and more rational response, a response that doesn't tell an unhinged group of fanatics with the voices of God and the Virgin Mary rattling around in their heads that if one kills enough of these people, access to abortion will disappear.

NEWS THAT MATTERS

Like most news media, CNN devoted heavy amounts of coverage today to the potential and later the confirmed release of a new version of the iPhone. Being something of a Luddite and in any case insufficiently wealthy to purchase one of these sacred, life-affirming gadgets, this "news" is not relevant to me. But more to the point, it simply isn't relevant. The number of things wrong with this coverage go a long way toward explaining why the mainstream media, the alleged Hard News, is indistinguishable from Stuff magazine. You own an iPhone? You're interested in it? You like electronic gadgets? That's all great. It doesn't change the fact that this. is. not. news.

Information about the release of a new consumer product used to be called advertising; apparently the media now believe that if enough yuppies in their target demographic people own said product it becomes news. The media plead that their hands are tied. News about new cars, hot fashion accessories, and new beeping gadgets is What Viewers Want. And if children want to eat Pixy Stix and a jar of Smuckers for dinner, then by God, that's what their parents should give them.

We need a little paternalism from our media. We need them to take the attitude that, goddammit, you're going to sit down and watch this story about Afghanistan or read this lengthy piece about Congressional spending bills because it's important. Because you need to know in order for our society to function like a reasonable approximation of an informed democracy. Instead we are so conditioned to believe that what we want is what we must get, the real news is pared down gradually but continually and coverage of the iPhone fills the void – news which is indistinguishable from advertising in any significant way.

I try to impress upon my students that discussions of "bias" in the media are a red herring; our society is hypersensitive to the specter of political bias when the damage is being done by more subtle commercial bias. In short, CNN and FOX carry segments about the iPhone because they want people to tune in, not because they have an insidious agenda to eliminate hard news. Their fates are dictated by Nielsen ratings, subscription figures, and advertising rates. If running actual news brings in x viewers and crap about a phone brings in 10x, the decision is made for them.

So it's your fault. And the media's fault. It's everyone's fault. Decades of anti-intellectualism, atrophy of basic reading comprehension skills, and the decline of civic-mindedness have produced a citizenry that neither wants nor is capable of understanding a real and potentially complex news story. Indeed we feel it is right that the media respond to market incentives and give us what we want. We really want to know about SpacePhone and its new apps! How does it match up with the Palm and Blackberry competitors? Such stories have always been legitimate fodder for journalists but were understood as dessert items, just-for-fun pieces provided as a refreshment after the real news. Alas, we've done away with any pretense of eating a balanced meal and our media obligingly provide a buffet of candy.

RATIONAL INTERVENTION

Americans aren't good at geography. Looking at the college-aged we continually see a legitimately terrifying level of ignorance about even the most basic concepts; 30% of 18-24 year olds can't the Pacific Ocean, 11% can't find the United States, and 70% can't find New Jersey on a U.S. map. Most of us, even people who have high levels of education, can't find our asses with both hands in our rear pockets. If we can't find Vermont I don't even want to imagine how well most of my countrymen would do with an African map.

Be honest. You're pretty smart. If I handed you a blank continent, how many countries do you think you could label? I'm guessing the average American would get South Africa (maybe) and that's it. Maybe Egypt. Maybe well-educated people could pick out two or three others.
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We do badly at this sort of thing, mostly because we consider most of the continent utterly irrelevant to global issues on the minds of most Americans. True, Africa makes it tricky; the 53-nation continent has three Guineas, two Congos, and some phonetic games (Niger vs. Nigeria, Gabon vs. Gambia, Mauritania vs. Mauritius) which thwart even the well-intentioned.

This is a long way of explaining why nobody gives a shit about Guinea-Bissau even though we should.

The interests of Washington and the Pentagon (including the rare instances in which they don't overlap) don't care about places like this. It's small, it has no economic value to the Western world, and it lacks immediate relevance to our boogeyman of the moment (Communism, terrorism, etc).

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Most people hear the name and think "Is that a real country?" much more often than "I wonder how their political crisis is being resolved?" We also tend to look at the problems of Africa as, as Red Sox fans would say, just Manny being Manny. Coups? Economic collapse? Famine? AIDS? Well, that's Africa for you. Just Africa being Africa. But if one could ever make a case for American imperialism, for "intervention" in the domestic affairs of a faraway nation, a place like Guinea-Bissau would be a good example.

In the past three months, G-B has taken several big steps toward becoming West Africa's Somalia – a lawless, ungoverned madhouse and magnet for international criminal activity. On March 2, long-time President/Whatever "Nino" Vieira was assassinated, an event which garnered Page 50 news coverage in the West. While G-B suffers from "Bigmanism" in its governance as much as the rest of Africa and Vieira was far from an enlightened leader, the murder of a head of state used to be cause for concern in Washington. Not so in this case. Nor did it trouble anyone when on June 5, three candidates for the upcoming election were murdered at the hands of the armed forces. As the nation's military is insufficiently competent (or equipped) to actually govern the country, their insistence on doing so is troubling.

It is troubling because this is how the seeds of international issues are sown.

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Had we recognized these warning signs in the Sudan twenty years ago, for example, it might not be the monument to genocide and terrorist safe havens that it is today. While dictatorship is common across the continent, what we're seeing here is a country in the first stages of complete collapse, the end result of which will leave them unable to control their borders or put up even the pretense of controlling what goes on within them. In time it will become a Club Med for terrorists like Somalia, a violent narco-state like Colombia, or a jumping-off point for civil wars and violence throughout the rest of Africa. The people "running" this nuthouse will need a source of foreign currency, and it ain't going to come from exporting bananas.

While the American record of propping up dictators in countries like this is far from exemplary, the international community could continue to prod ECOWAS into taking a more active role in maintaining the stability of West Africa's more troubled areas. If imperialism doesn't work (and it rarely does) the least we can do it support and encourage self-governance. West Africa is not entirely unstable; compared to Sub-Saharan and Saharan Africa it looks downright sane.
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We have to believe that there are solutions to these problems from an international perspective. Otherwise we ignore them, insisting that there's nothing to be done, and then in ten or fifteen years we act surprised when Guinea-Bissau has become a hotspot for the foreign policy malady of the day.

Yet if we could find five people, even in the State Department, who could locate Guinea-Bissau I'd be shocked. As the colonial French used to say, C'est l'Afrique.

NO EXIT

This is relatively brief; I am wilted after a 12-hour day of being interviewed by all and sundry who cared to stroll by and throw a ball at the guy suspended over the dunk tank.

Doing his best Hillary Clinton impression, the President has seen fit to reverse his decision to allow the release of additional detainee abuse photos after intense lobbying by the Pentagon and Iraqi Prime Minister al-Maliki.* The latter issued dire warnings when informed of the impending release, stating that "Baghdad will burn," anti-American sentiment will skyrocket (is it low now?), and much violence will befall the brave men and women of our Armed Forces, about whom the media and public ceased thinking a year ago. The President bought into the Pentagon frame, concluding that "in fact, the most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in greater danger."

Here's the thing: I don't give a shit. That is not the point. It misses the point so entirely that it seems to arise from a parallel universe in which points do not exist and the native languages have no word for the concept.

The motivations of people who argue loudly against the release of these photos have nothing to do with "protecting the troops" or a sudden urge to care in the least about the levels of unrest among the citizens of Iraq. These people don't want the photos revealed because they don't want to see them.

It makes people feel guilty. It makes them feel responsible. It makes them feel stupid all over again for falling for the transparently idiotic rationale behind the war and the myriad excuses made to justify the methods used to conduct it. It makes people feel greedy, petty, and immoral to have voted – in some cases twice – for the people who are ultimately responsible for "enhanced interrogation" because they promised to cut taxes a few more times.

Tough shit, America. Look at the pictures. Look at what was done in your name.

At the conclusion of the Second World War, General Eisenhower demanded that military units stationed in Germany force German civilians to enter concentration camps and view the open pits full of emaciated corpses. It was a good idea. People should not so lightly be allowed to escape the feeling of responsibility, however indirect, for their actions. We cannot let this episode fester in the back of our collective unconscious, this series of mysterious, terrible things that happened and about which we know little. Make public all of the evidence, look at it, and feel like an asshole. Sweeping evidence under the rug provides the erstwhile war cheerleaders with far too easy an out.

That is, in my opinion, the surest way to repeat the entire series of events. None of the Great American Patriots who waved flags and chanted slogans like lobotomy outpatients as their heroic leaders greased the skids to war with undiluted bullshit should be allowed to escape the burden of guilt.

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*Can we come to a consensus on whether or not this guy is credible? I don't care which one we pick, I'm just tired of the constant seesawing between taking him seriously and treating him and the entire Iraqi government with the polite condescension usually reserved for high school student councils.

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TERRY JEFFERY GETS THE FJM TREATMENT

The second Souter's replacement was named, I just knew. I knew that I was going to get some Grade A material out of the ensuing pantular soiling on the right. Knowing that the grass is always greenest where large numbers of animals are crapping, I headed directly to TownHall to choose among the (literally) 30+ columnists who chose to bloviate about Sonia Sotomayor this week. Way to book first-class passage on the RMS Obvious with your choice of topics, kids! Anyway, I freely admit to creating something of a straw man by picking the most egregiously retarded column (Terry Jeffery, who may be a NASCAR driver, provides us with "Apply a Litmus Test to Sotomayor") but trust me, they are all missing a chromosome or two. And you know as well as I do that the phrase "litmus test" can mean only one thing: batten down the hatches and prepare to weather the high winds of Hurricane Fuckin' Awesome.

Conservatives in the Senate should not treat Supreme Court nominee Sonia Sotomayor in the same disgraceful manner that Senate liberals treated Clarence Thomas when he was nominated to the court in 1991

Yes, by confirming him. There were only 43 Republicans in the Senate when Thomas was nominated, T-Bone! And two of them frickin' voted against him! So we call him Justice Thomas today because of the 11 Democrats who confirmed him.

But it's easy to poke holes in arguments if you remember what happened. I'm being unfair.

but they should subject her to a similar philosophical litmus test.

Oh man, what a teaser! This is going to be awesome. They oughta sell tickets to Terry Jeffery's Awesome Argument. We need commercials like those monster truck extravaganzas. Terry Jeffery (Jeffery! Jeffery!) is going to BLOW. YOUR. MIND (mind! mind!) with the brutal power of his rhetorical (*switch to extra-deep voice*) SKILLLLLLLLLLLLZ! It's one day only! One day only! Tickets only FIVE BUCKS! We'll sell you the whole seat…BUT YOU'LL ONLY USE THE EEEEEEEEEEEEEEEEEEEEDGE!

It is this simple: Does she believe the Constitution includes a "right" to kill an unborn child?

Very objective question wording, shooter. Let's try to divine her opinion on terror suspects by asking, "Do you believe the Constitution protects the brown Islamic hordes as they attempt to murder your children and invade our borders to rape our Christian women?"

If she does, she is morally and philosophically unqualified to serve on the court

That's "Court." Also, a fine literalist like Terry can surely point to the part of the Constitution which details the Moral and Philosophical qualifications for serving on the Court. They're clearly stated in Article III, Section Terry Jeffery Made This Shit Up.

and conservatives should say so and vote against her for that reason.

They will. All 40 of them.

When President George H.W. Bush nominated then-U.S. Appellate Court Judge Clarence Thomas to the Supreme Court, Democratic Sen. Howard Metzenbaum of Ohio, a member of the Senate Judiciary Committee, was unapologetic: He would subject Thomas to an explicit pro-abortion litmus test.

Senator Metzenbaum voted against Thomas, as was his right. He was one of the 48 "nays." Out of 100.

"I'm through reading tea leaves and voting in the dark," said Metzenbaum. "I will not support yet another Reagan-Bush Supreme Court nominee who remains silent on a woman's right to choose and then ascends to the court to weaken that right."

And then Howard Metzenbaum used his powers to dissolve the Senate and banish Thomas to the land of wind and ghosts. The seat was eventually filled by Judge Pennyroyal T. Wombscraper, who actually performed abortions on the bench while listening to oral arguments. During her confirmation hearing, Senator Metzenbaum presented a pregnant teen and told the judge "If you don't perform an abortion on this underage, mentally unstable woman right the fuck now you are not going to be confirmed."

I remember that.

(snip: redundant quotes from Pat Leahy and Joe Biden which make the same point)

Thomas dodged (Biden's question). "Senator," he said, "I think that the Supreme Court has made clear that the issue of marital privacy is protected, that the state cannot infringe on that without a compelling interest, and the Supreme Court, of course, in the case of Roe v. Wade has found an interest in the woman's right to — as a fundamental interest — a woman's right to terminate a pregnancy. I do not think that at this time I could maintain my impartiality as a member of the judiciary and comment on that specific case."

Sounds pretty standard for confirmation hearings, assmaster. Senators mug for the cameras and ask loaded questions while the nominee – wisely and appropriately – refuses to comment on precedent or to rule on hypothetical cases. Just because Bork droned on for hours, monotonously lecturing the nation with every legal thought that ever crossed his mind, doesn't mean that other nominees should follow suit.

Despite this dodge, Senate Democrats clearly suspected that Thomas embraced an "originalist" interpretation of the Constitution and would be disinclined to sustain Roe v. Wade.

(before they voted to confirm him)

Lacking the votes to defeat him for his judicial philosophy, however, they viciously attempted to assassinate his character.

Who's "they?" I don't recall the Democrats doing anything but calling to testify a subordinate Federal employee of Thomas during his time at the EEOC, a woman who alleged in detail a pattern of behavior in violation of numerous Federal laws. Sexually harrassing a female employee would speak rather prominently to Thomas's attitudes and belief system, no?

There I go remembering what happened again.

Led by the man who is now vice president of the United States, Judiciary Committee Democrats subjected Thomas to what Thomas called — to Joe Biden's face — "a high-tech lynching for uppity blacks who in any way deign to think for themselves."

That's what Thomas called it. What the Supreme Court called it, in Meritor v. Vinson (1986), is a violation of Title VII of the Civil Rights Act of 1964.

Thomas survived Biden's lynch mob

Howard Metzenbaum: Northerner, Liberal, Jew, and Klansman.

and went on to become the most consistent and forceful voice on the court for interpreting the Constitution according to the meaning originally invested in it by the Framers.

Wait. What?

I can understand if you're not happy with his confirmation hearings, wondernuts, but "forceful"? The man who can sit through three years of oral arguments without asking a single question? The man whose judicial philosophy is "What Anton said."? The man whose evidence of intellectual dynamism is to claim that the idea of precedent simply doesn't exist and thus the Court should re-examine 200 year-old decisions like Calder v. Bull (1798)?

No, for realz. He actually argued that.

The correct answer to the question of whether the Constitution guarantees a "right" to kill an unborn child

Oh, good. T-Mac is taking some time from his busy writing schedule to let us know the "correct answer" to this complicated legal and moral question. Disband NARAL. Tell Randall Terry to find a new job. Abortion has been solved. How stupid we were to spend all that time and money debating it. All we had to do was ask Terry Jeffery.

was delivered by then-Associate Justice William Rehnquist in his dissenting opinion to Roe v. Wade itself. It was a resounding no.

Yep. It was a really resounding minority opinion. 7-2.

Rehnquist's argument was historically and intellectually unassailable

Yet somehow 7 of the most knowledgeable people on the Constitution, people hand-picked by the President and confirmed by the popularly-elected Senate, thought he was unequivocally full of happy horseshit.

unless you believe that a simple majority of the nine Supreme Court justices has the authority to rewrite the Constitution.

Which part did they re-write? No, they didn't amend it. They interpreted it, which is their job.

When the 14th Amendment was ratified in 1868, Rehnquist noted, there were 36 state and territorial laws on the books restricting abortion. Twenty-one of those very laws were still on the books and still enforced in 1973, when the court considered Roe.

And every state had laws on the books forbidding women from voting. Does that imply that the 14th Amendment was not intended to provide women equal protection under the law? Someone clarify this please.

"The only conclusion possible from this history," said Rehnquist, "is that the drafters did not intend to have the Fourteenth Amendment withdraw from the states the power to legislate in respect to this matter."

Yep. It implies exactly that. Flawless logic.

Sonia Sotomayor should be asked in her confirmation hearing whether she believes the Constitution guarantees a right to kill an unborn child.

Yeah, you already said that. Twice. In an 800-word column. This is the third time. Somehow, in violation of common sense and several laws of thermodynamics, it's actually getting dumber each time you say it.

If she says it does, it means she believes Supreme Court justices have the power to change the meaning of the Constitution itself, even to the point of depriving a whole class of human beings of their most fundamental right.

Boy, it would be pretty embarrassing to this argument if the Catholic nominee in question had ever ruled something like "The government is free to favor the antiabortion position over the pro-choice position and can do so with public funds." (Center for Reproductive Law v. Bush)

There can be no better reason for denying confirmation to a would-be justice.

None better? What if she wasn't an American citizen? What if she was guilty of sexual harrassment? What if she operated a child sex ring out of her garage? What if her basement is full of Chinese slaves forced to pirate DVDs of Chicago Hope and rebroadcast Major League Baseball without expressed written consent?

Words like "always" or "never" in the hands of stupid people and shitty writers are like giving a baby a hand grenade. That they will fumble around with it until disaster strikes is inevitable. T-Jeff is the audience to keep in mind as a small portion of the Senate GOP goes through the motions of stomping its feet, crying like a boatload of seasick orphans, and hurling their best late-period William Jennings Bryan populist-fundamentalist rhetoric at the nominee the cameras. As soon as Jeffery and his ilk are suitably enamored with their heroes (Inhofe, Hatch, etc.) and able to plausibly argue that the Christian Right has Done All it Can to stand up to godless liberalism, the Senate can get on with the business of conducting the kind of "up-or-down vote" that Our Dearly Departed Leader so loved for the past eight years.

MAD PROPS

Amazingly, some of my friends and acquaintences appear shocked about the outcome of the Prop 8 appeal to the California Supreme Court. Seriously? Unhappy, I understand. But anyone expecting to win the battle on appeal after the state Constitution has been amended is misinterpreting the issues at stake.

California is among the few states in which the Constitution can be amended quickly and easily, by a simple majority on a referendum.
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And putting initiatives on the ballot is relatively easy as well, requiring either a vote of the state legislature or an initiative – basically a petition requiring a few thousand signatures. Unlike the earlier Proposition 22, which involved a statutory definition of marriage, Prop 8 involved an amendment. If you see the amendment as one that writes discrimination into the Constitution, you're not wrong. Regardless of how distasteful or discriminatory the amendment in question may be, the appeal asked the California Supreme Court to declare part of the Constitution unconstitutional. If that sounds possible, it isn't.

The fundamental job of the judiciary being to interpret the law in accordance with the Constitution, their hands are tied here. Hypothetically, let's say California voters voted for Prop 666, amending the Constitution to make it illegal for black people to ride public transit. Your liberal outrage aside there's absolutely nothing the Court could do about it. Once the Constitution is properly amended, it ceases to be possible for the Court to find it unconstitutional to discriminate on the basis of race on public transit in this example. The parts of the Constitution that contradict it (equal protection, etc.) don't matter anymore. They've been amended. The California Constitution is the basis of all law in California and once it is amended to allow explicit discrimination, that type of discrimination cannot by definition be unconstitutional. Unless the appellants can argue that the amendment was not properly enacted (it was) they are wasting their time in court.

Of course Prop 666 would be appealed to the Federal courts and found unconstitutional for violating the protections afforded in the United States Constitution, which is legally superior to any state constitution. Does that seem like a promising option with Prop 8? Anyone think the US Supreme Court is going to give a gay-friendly ruling on this one? Me neither.

Face it, the anti-gay marriage movement played this one perfectly. They picked the right venue (a state with a virtual drive-thru amendment process) and the right time – an era in which the pro-gay marriage side won't want to press its luck by appealing this to the Roberts-Scalia-Alito-Thomas court. They came up with a successful plan and enacted it. The take-home lessons here are two:

  • What is lost at the ballot box must be won at the ballot box. The state legal system can't help here and the conservative majority of the U.
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    S. Supreme Court precludes that route.

  • There is a very goddamn good reason that the process of amending the U.S. Constitution is so difficult. It's difficult because it isn't supposed to happen regularly and it isn't intended to allow the legal codification of public opinion – especially the discriminatory kind. The Founders had their flaws, but they also had their moments. They realized that amendments are incredibly powerful things and they shouldn't be undertaken lightly. They can change, revoke, or supercede even our most basic, fundamental rights.

    We don't distribute rights by show of hands in this country, we enshrine those rights in our Constitution(s).
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    The Constitution is supposed to endure, in marked contrast to the fickle swings of public opinion. That is why we make it so very hard to change. We don't want the fact that 75% of the public thinks gay marriage is wrong or slavery should be legal or the government should be able to promote Christianity to become the law of the land. It is hard to amend the U.S. Constitution specifically so that we can't legislate our prejudices. California saw fit to eliminate that safety valve and consequently the biases of the 51st percentile of voters becomes not only the law but the law by which all others are judged.

    They played it well and won. We lost. Don't sit around whining about it and expecting ridiculous legal arguments to produce courtroom victories based on what's "fair" or "right." Recognize the mistakes that were made and move on to the next (electoral) fight. Repeal or replace that amendment by the very same process used to bring us to this point and I think you'll find that the California Supreme Court, whose job it is to interpret the Constitution as written, will produce rulings more to your liking.

  • CONSERVATIVE FRAMES

    Over the weekend I had the misfortune of being a fringe participant in a conversation about Michael Vick, and in it I heard a viewpoint which also has appeared in the more militantly animal-conscious corners of the internets. Namely, Mr. Vick should be banned from returning to the NFL where he stands to make a seven-figure salary when a team decides to roll the dice on a talented player with public relations and "character" issues. I see this viewpoint as an example of just how deeply-rooted conservative frames of criminal justice issues have become in this society.

    To briefly review the facts, Vick committed some fairly heinous crimes for which he was indicted, convicted, and punished. He served 20 months in Federal prison. One could easily argue that he would have served more if not for his wealth and celebrity, but he also wouldn't have been prosecuted without his wealth and celebrity (as his high profile encourage prosecutors to make an example of him, which is fine with me). He also lost his $120 million contract, lost millions more in endorsements, had several million dollars worth of property seized, had to repay his former employer a substantial portion of the millions he had been paid, and was forced into bankruptcy. All of this sounds fair to me. He has been punished with good cause. But he has been punished.

    In pre-1970s America, and in most of the industrialized world today, the purpose of incarceration and punishment is rehabilitation. Vick's words, his actions, and the fact that he hasn't smiled for 2 years indicate to me that he's a person who realizes "Wow.
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    I fucked up. Bad." Without defending or excusing his actions, I can buy the argument that he knew that he was breaking the law but didn't think it was a big deal. Among poor communities, especially in the South, animal fighting and abuse are cultural institutions. He had probably been around it all of his life and, conversely, rarely around people who told him it was vile and unacceptable. He knew it was illegal the same way you know speeding is illegal. After going to Leavenworth, losing millions of dollars, and becoming a social outcast, I am willing to bet that he now understands that he was quite wrong.

    Isn't that what a justice system is supposed to be about? We punish people for violating the law – violations for which ignorance is no excuse – and we rehabilitate them. But in post-1980, War on Drugs America, that isn't enough. We want to find some way to punish the guilty for life.

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    We want assurances not only that they were incarcerated but that they were incarcerated in a roach-infested, windowless cell with no lights for 23.

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    5 hours per day, released briefly to be tied to a post and whipped. We think it's neat that people convicted of drug-related offenses are ineligible to receive student loans (thus less likely to go to college, thus far more likely to return to one of the few high-paying careers that require no education: selling drugs). And that leads some of us to think it's not only desirable, not only acceptable, but right that Michael Vick should somehow be punished in perpetuity for his crime.

    I could understand a long-term punishment specific to his crime. For instance, it would make sense if the judge forbade him to own dogs or required him to submit to a weekly visit from animal welfare officers if he did so. That would make sense in the same way that habitual drunk drivers are forbidden to drive or pedophiles are not allowed to be around children. However, I fail to see the benefit or logic to denying him the right to be employed in a field unrelated to his crime. The sense that it is Unfair for such a Bad Person to make a high salary doesn't have much of a place in the law. I doubt that Scooter Libby is working for minimum wage right now.

    A friend of Vick's, one Clinton Portis, commented when he was first charged, "I don't know if he was fighting dogs or not, but it's his property, it's his dog. If that's what he wants to do, do it. I think people should mind their business.
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    " This was widely reported. Another portion of the interview wasn't: "I know a lot of back roads that have the dog fighting if you want to go see it." Among poor, rural, Southern communities (and, according to law enforcement, increasingly among poor, urban, black communities) animal fighting is so pervasive that it simply isn't seen as a serious offense by people who are exposed to it regularly. So when Portis later stated, "At that time I had no idea the love people have for animals, and I didn't consider it when I made those comments" he probably wasn't lying. Hopefully the point that animal abuse is immoral and illegal has been made abundantly clear to Vick, Portis, and the many people who follow their careers – and the last group are the intended audience when a high-profile person is prosecuted for a crime. Now we move on. Guilt has been admitted and punishment has been administered. It serves no constructive purpose to channel the spirit of Reagan and adopt the attitude toward (non-white collar) criminals favored by his worshippers in Orange Counties across America.

    ONE WORD…PLASTICS.

    For some reason CNN has seen fit to provide an upbeat take on the economy by front-paging this video (via their iReport feature) by a recent graduate of Syracuse University who has had little trouble getting a job. Why? Because he has skills. More likely skillz. Mad skillz.

    What Broseph McFratdog has to say, in case you're at work and can't partake of the video, is that he has several job offers because he, unlike you, was smart enough to get the Right Skills to succeed in the job market. That is how the free market works, after all. People who succeed do so because they are better than people who don't. They are smart enough to get the Right Skills whereas your unemployed ass was not.

    The best part, if you made it all the way to the end of the Marquis de Frat's monologue, is that the skills in question are only vaguely described – something dealing with "web design" or "system administration." A commenter on the CNN site helpfully notes "Type in 'Design Engineer' on Indeed (ed: a Monster-like job site) and you'll get more IT and Systems Engineer positions than you'll be able to read. You can pretty much write your own ticket in those occupations at this point."

    "At this point." And what about a few years from now when an Indonesian is doing the job for six bucks an hour? Fratilla the Hun hasn't thought that far ahead.

    Some people simply lack the will and psychological ability to fight the forces that work against them; they know only how to appease. They approach everything with the attitude of Neville Chamberlain and the Vichy French. This person thinks that if he kisses the market's ass enough and bends to its whims he will be treated well and rewarded. And thus he propagates the great myth that the key to succeeding in our current system is to gain "skills" – skills which the market will soon declare irrelevant, at which point one's experience and intellectual capital become worthless and working people are expected to uncomplainingly start over from scratch. This recent graduate's strategy is as smart (and likely to be as effective) as trying to appease a mosquito. Say or promise whatever you want; it's still going to bite you.

    The myth that one succeeds by chasing the Next Big Thing, the latest hot field or must-have skill that the market values highly, is nothing but a game of whack-a-mole as people like this student (and those who came before him) chase one economic fad after another. All they have as job security is the assumption, rooted heavily in either explicit or subconscious racism, that "My job is too important / too complex / etc" for some uneducated savage in the Third World to do. The past thirty years of economic history are littered with the empty shells of people who relied on such a strategy.

    So congratulations on appeasing the market, Broseph. It's still going to devour you.