A False Dichotomy

I have never been a fan of Rush Limbaugh or Governor Huntsman which makes the false dichotomy presented here all the more ironic for me.

Rush Limbaugh told a recent gathering of conservatives that the party needed to return to its conservative roots to start winning again.

But Huntsman has been attracting national attention as a moderate, thanks to his support of climate change and civil unions and condemnation of his party’s lack of alternatives to the Democrat’s federal stimulus package.

"The poll shows a majority of Americans are in line with the governor’s belief that we need solution-oriented leaders," Huntsman spokeswoman Lisa Roskelley said, . . . "the governor feels it’s important to look at the party in a more inclusive way."

The suggestion that the Republican party must be more conservative or more inclusive perpetuates the myth of the single axis political grid. The truth is that Rush represents a certain brand of conservatism and pushing that single brand to be more prominent in the party is what makes the party less inclusive. Whatever disagreements I may have with my governor, Huntsman is absolutely right that we need to focus on finding solution oriented leaders in the GOP. That does not mean that we have to abandon our principles.

To be fair, it is the article and not necessarily the governor that is suggesting that a solution oriented approach is incompatible with an adherance to conservative principles.

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International Hazing/Initiation

Yesterday there was a very short story on NPR that caught my attention. Apparently a number of Chinese military ships came very close to an unarmed American military ship in international waters. Close was specified to be under 20 feet at one point which is very close in nautical terms. The suggestion by the reporter was that this was a test of the Obama administration by the Chinese government similar to the capture of an American spy plane by the Chinese very early in the Bush administration.

As I heard that the thought came to me that the situation sounds very much like a high school hazing or a fraternity initiation – except that the stakes are much higher. Either the leaders of China are foolishly playing games with their military, or they are making sure of each new administration in case they ever feel the need to becopme belligerent. (Personally I think the safest assumption is to believe the latter option.)

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Federalist Nos. 55 – 56

Federalist No. 55 and Federalist No. 56 explore a subject which has grown increasingly interesting and important to me the more I have studied – that is a consideration of the proper size of the House of Representatives. Here I find, unsurprisingly, that a few assumptions were made which have proven to be critically incorrect.

It will not be thought an extravagant conjecture that the first census will, at the rate of one for every thirty thousand, raise the number of representatives to at least one hundred. . . At the expiration of twenty-five years, according to the computed rate of increase, the number of representatives will amount to two hundred, and of fifty years, to four hundred. This is a number which, I presume, will put an end to all fears arising from the smallness of the body.

I found it ironic that the projections ended at 400 representatives because we now have 435 voting representatives and we can see that with our current population (exceeding 300 Million) that number is decidedly insufficient – not simply because 435 is not enough, but because 435 is not enough for the expanded (and expanding) role that government has come to take in our nation. The problems that have arisen through a House that is too small to be properly representative could have been prevented by including not only a minimum number which a representative could represent (thirty thousand) but also a maximum number they could represent. The range could even be fairly large (say a maximum of  one quarter million active voters per representative – which is over eight times the minimum) to produce a body which could never become fully detached from the people they are meant to represent.

The first wrong assumption was that the ratio would bear some resemblance to the minimum of thirty thousand that had been specified. The second was that we could never have cause for concern with a representative body exceeding four hundred members.

Another wrong assumption is shown in this statement from Federalist No. 56:

It is a sound and important principle that the representative ought to be acquainted with the interests and circumstances of his constituents. But this principle can extend no further than to those circumstances and interests to which the authority and care of the representative relate.

The assumption was that the interests and authority of the representative body in question would remain limited according to the Constitution. Not only does this show a poor assumption but it exposes another avenue for alleviating the problems of our too-small representative body. A reduction in the scope of authority for Congress would also serve to make it possible for a body of 435 to be more faithfully representative of the populous.

A fourth false assumption was:

I am unable to conceive that the people of America, in their present temper, or under any circumstances which can speedily happen, will choose, and every second year repeat the choice of, sixty-five or a hundred men who would be disposed to form and pursue a scheme of tyranny or treachery.

Indeed we live in a time when the people of America choose and repeat the choice of over 400 representatives who consistently pursue some treacherous policies. Whatever changes we do see in the faces of the House it should be noted that attrition takes many more from their seats than being unseated by the vote of the people.

In fairness, our founders were aware of their limitations:

What change of circumstances, time, and a fuller population of our country may produce, requires a prophetic spirit to declare, which makes no part of my pretensions.

They also thought they had addressed the pitfalls before them by allowing for an increase in the number of representatives:

The foresight of the convention has accordingly taken care that the progress of population may be accompanied with a proper increase of the representative branch of the government.

What they missed was that we need to require increases at some point. Whatever their failings of foresight, their conclusion remains true:

a representative for every THIRTY THOUSAND INHABITANTS will render the {inhabitants} both a safe and competent guardian of the interests which will be confided to it.

Today we are in great need to pursue some combination of increasing the size of our representative body or decreasing the scope of authority for that body. There are indications that increasing the size may naturally result in pressures to decrease the authority that rests in the federal government – I would hope that to be the case.

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Loving America

It’s been a long time since I stumbled across something that belongs in my personal perspectives series, but I could not pass this up when someone I’ve long interacted with describes his love for America (which love I share):

I too love America. I love her for the ideals and principles of liberty upon which she was founded. I love her natural and man-made beauties. I love her for the great amount of good she has accomplished and which ordinary free Americans achieve on their own. Perhaps more than anything else, I love her for the hope she inspires in individuals domestically and throughout the world.

The United States of America is the greatest nation on the face of the earth today. It is a grand place, but it is not a perfect place. While it seems vogue in some circles to see only America’s faults, problems, and failures to live up to her stated ideals, I believe America is wonderful and beautiful even when all of these are considered.

And I do believe that it is very wise to consider America’s flaws. But I also feel that it is wrong to make them the central feature of our individual view of America. To do so is to ignore the greater grandeur of the whole picture.

To me, a true American is one that loves this country with his eyes wide open. A true American feels rapture when the U.S. Flag is raised and when he sings the National Anthem, regardless of which political faction is in control at the moment. A true American stands proudly by America when she is in the right and lovingly works to correct her when she strays.

(emphasis added)

I don’t see how any citizen who has taken the time to learn about our nation, whatever their political leanings, can feel differently about our nation – warts and all.

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Predictable Responses

As newspaper Editorial Boards begin to write about SB 208 their positions mirror what I called the tip of the iceberg and what we expected on the day that SB 208 was announced. In fact, one might almost wonder in passing if the editorial in the Standard Examiner was written by the same person who wrote the editorial in the Deseret News. Both dismiss the idea that they oppose this because it cuts into the revenue they get from publishing legal notices and both suggest that a state run website would not treat all legal notices equally. Also, neither editorial mentioned that this website would help city governments and citizens to save money on all the legal notices that they are required to publish. Essentially all their objections boil down to scare tactics as shown by this response to the Standard Examiner editorial.

As I read the Deseret News version I had a thought about an amendment to the bill that would expose the sincerity of the newspapers in their "public service" claim for opposing this. If the bill were amended to stipulate that the legal notices website allow bulk uploads of legal notices from entities such as newspapers (at bulk rates), and also allow a feed or other source for newspapers to print or otherwise republish the notices from that site (if they so choose) then I can see no reason for newspapers to object – besides the revenue competition. If the papers really are not afraid of the competition – if they honestly believe they are opposing this on public service grounds – they should simply offer to post on the state website any legal notices they receive so that their service complies with the new law (assuming it passes).

The Deseret News also provided two claims that need to be debunked.

In addition, as any Web surfer can attest, Web sites are not dependable. They are subject to technical issues, and they don’t make a reliable and enduring archivable record the way newspapers do.

As a long-time web developer I can say that whatever temporary glitches a website may have does not change the fact that web sites can produce reliable and enduring archivable records. In fact, the most reliable archivable records of newspapers are digital. For proof of that simply go look at archive.org. I can pull up old websites of mine that I know no longer exist on any computer where I ever published them. Even if a government site went down it is not likely that it would be lost.

The bill claims it would cost the state nothing. However, Web sites require considerable maintenance and personnel. Even if this new site were to fall under existing state government Web services, it still would cost taxpayers. Newspapers, on the other hand, store and archive data for nothing other than the cost of a legal notice.

This statement completely ignores what was actually said when SB 208 was first unveiled. The site would not cost taxpayers anything not because Sen. Urquhart is ignoring the cost of running a site, but because the site would charge a nominal fee to cover the costs of the website.

I have nothing against the newspapers – sometimes they have useful information – but they have yet to show a solid reason why they deserve a captive market for legal notices. To prove that, I would encourage a removal of the cap on what they can charge for legal notices (this would be even more broad than what they are pushing for in SB 161) if SB 208 is passed.

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D.C. Voting – House vs Senate

Apparently the Senate cloture vote is more newsworthy than the House rules vote on a bill. We have heard on many bills that the cloture vote is the bottleneck or the hurdle that can trip up a bill. In the House the rules vote is the procedural hurdle that must precede the actual vote and can be used to kill or hamper a bill. This is taking place right now with the D.C. Voting Rights Act. I am not particularly a fan of using technicalities, but considering my position on this bill I’m happy to see any delay.

I figure that each passing day makes the bill less enticing for Utah as we draw ever closer to getting our extra seat anyway. In fact, if this bill had still not passed by 2013 and Hatch were still in office I would love to see him reverse position on the bill once Utah were no longer next in line to get the "balancing" extra seat. (I would doubly expect this if the state next in line for a seat leaned Democratic.)

Having studied the issues surrounding this bill there is no doubt that the residents of D.C. have a complaint worth addressing – the only problem is that it must be addressed within the constraints of the law. The only issues that are truly clear cut here are the tax related arguments. The proper resolution for those arguments is not a simple bill but a constitutional amendment to the effect that "The House of Representatives shall be composed of members chosen every second year by the people of the several states and all territories subject to the same federal taxes as the several states."

I don’t claim that the threshold for an amendment is an easy one to climb, but I think that a majority of fair minded people could be brought to support such an amendment along with the requisite supermajorities of both houses of Congress. Problem solved, constitutional objections averted.

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Envision the GOP to Come

In the current discussions regarding the future direction of the GOP as the Republican party seeks to find ways back to leading the nation there are many ideas being suggested. Some of those ideas deserve no consideration, such as abdicating our conservative roots and embracing an expanding government. Other ideas merit serious consideration, such as how we talk about and react to evidence of climate change. Finally there are some ideas which I believe should be embraced by the party quickly to help us build a party culture that will attract the support of reasonable people from across the political landscape. Two such ideas come to mind instantly. One is the need for smaller government. With Democrats in power proposing expansive programs we have already seen out elected Republicans paying lip service to the ideas of smaller government. Some of them might even actually believe what they are saying right now. The second idea that we should embrace without delay is to promote a Humbler Foreign Policy.

This might seem to contradict the longstanding party talking point of having a strong military, but if we stop to look at foreign policy separate from military strength it is easy to see that there is a vast difference between having a big stick and using it excessively.

What, after all, was conservative about George W. Bush’s post-9/11 pledges to "rid the world of evil" and "end tyranny in our world?" Conservatives used to believe that there were limits to the federal government’s capabilities. And yet, today, many of the same people who ridicule "midnight basketball" programs at home support ambitious nation-building projects abroad.

Do we really need new aircraft carriers, fighter planes, and a bigger army to fight men who live in caves, and attack us with box cutters? Why, in an era of trillion-dollar deficits, do we spend more on "defense" than the next 12 nations combined, maintain an empire of over 700 bases in 144 countries, and provide defense welfare for South Korea, Western Europe, and Japan, who are perfectly capable of defending themselves?

Conservatives seem to have forgotten the wisdom of one of their intellectual founders, Russell Kirk, who resisted empire and militarism, and maintained that war had to be a last resort, because it might "make the American president a virtual dictator, diminish the constitutional powers of Congress, contract civil liberties, [and] distort the economy."

(emphasis added)

I would not be one to argue that our military should be reduced in strength or that we should not continually seek to improve our capabilities to match advances in military reality. I would argue that carrying the big stick has led to abuses of our military might and a presidency that has grown alarmingly close to dictatorial in its power. We need to learn the difference between carrying a big stick and owning a big stick. We may have to endure inaccurate accusations of being isolationist but it’s better to be an isolationist than a bully if you must err on one side or the other.

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Federalist No. 54

Federalist No. 54 is not particularly applicable to any of our current political issues, but it is very instructive of the process of political compromise. I also found it to be a very interesting example of the logical somersaults that a person can be brought to accept when they believe in the morality of something as immoral as slavery. The statement below captured a great logical pretzel.

we must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property. In being compelled to labor, not for himself, but for a master; in being vendible by one master to another master; and in being subject at all times to be restrained in his liberty and chastised in his body, by the capricious will of another, the slave may appear to be degraded from the human rank, and classed with those irrational animals which fall under the legal denomination of property. In being protected, on the other hand, in his life and in his limbs, against the violence of all others, even the master of his labor and his liberty; and in being punishable himself for all violence committed against others, the slave is no less evidently regarded by the law as a member of the society, not as a part of the irrational creation; as a moral person, not as a mere article of property.

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Federalist Nos. 52 – 53

Federalist No. 52 and Federalist No. 53 begin an exploration of the individual branches of government as defined in the Constitution by considering the purpose, composition, and structure of the House of Representatives. While they were trying to rectify the weaknesses of existing legislative bodies, sometimes it can feel like we still live under a system where:

The only dependence of the representatives on the people consisted in the right of the latter to supply occasional vacancies by the election of new members

The final paragraph of Federalist 52 contained this sentence:

It is a received and well-founded maxim, that where no other circumstances affect the case, the greater the power is, the shorter ought to be its duration; and, conversely, the smaller the power, the more safely may its duration be protracted.

This got me thinking because that would suggest that the Senate has the less power than the House of Representatives. I had always believed that the Senate had comparatively more power than the House. I’d be curious to know what others think about their relative power.

Federalist 53 makes passing reference to:

a Constitution established by the people and unalterable by the government, and a law established by the government and alterable by the government.

I stopped for a minute to think about that. With the way our Constitution today is almost invisible within the laws passed by Congress I almost believed that our government was busy changing the Constitution. I soon realized that I was wrong. They may ignore the Constitution, but they cannot change it. In order to change the Constitution both houses of Congress must pass a bill for the change by supermajorities, but even if they were unanimous the change cannot go into effect until majorities in three quarters of the states also ratify the amending bill. It’s no wonder they ignore the Constitution so much, they can’t change their minds about it with every administration if they were to try making a change to our legal foundation. And yet our Congress acts very much like the British Parliament that they were designed to improve upon:

Even in Great Britain, where the principles of political and civil liberty have been most discussed, and where we hear most of the rights of the Constitution, it is maintained that the authority of the Parliament is transcendent and uncontrollable, as well with regard to the Constitution, as the ordinary objects of legislative provision. They have accordingly, in several instances, actually changed, by legislative acts, some of the most fundamental articles of the government.

I particularly liked the description of the challenging task that representatives in the federal government would have to undertake. Even before we allowed the federal government to reach into every aspect of our daily lives the citizens were supposed to select someone who could tackle this:

The laws are so far from being uniform, that they vary in every State; whilst the public affairs of the Union are spread throughout a very extensive region, and are extremely diversified . . . A branch of knowledge which belongs to the acquirements of a federal representative, and which has not been mentioned is that of foreign affairs. In regulating our own commerce he ought to be not only acquainted with the treaties between the United States and other nations, but also with the commercial policy and laws of other nations.

Finally there is another instance of the federalist authors making an assumption that turns out to be less than accurate:

A few of the members, as happens in all such assemblies, will possess superior talents; will, by frequent reelections, become members of long standing; will be thoroughly masters of the public business, and perhaps not unwilling to avail themselves of those advantages.

Sadly, it is not a few who become members of long standing by frequent reelections. Instead it has become almost universal, and they almost universally avail themselves of the advantages of their office.

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Accountability Now

MoveOn.org has proven that they can be a political force, so has The Daily Kos, and long before either of them existed labor unions were already very influential in politics. That made me very interested to read that those three were teaming up to form a new political action committee called Accountability Now.

Their stated goal is to help recruit and promote move liberal democratic candidates in areas where moderate democrats are currently in office. So how soon until they decide to target Jim Matheson? (And who would they get to challenge him in Utah?) One of their founders also raised the possibility of taking action in Republican primaries as well. (I can just imagine if they had been supporting Chris Cannon against Jason Chaffetz.)

So I’m curious about what other people think about this. It’s obviously a part of the internal debate that Reach talked about in comments earlier this week. Do we think that this approach to the internal debate is healthy, or destructive? Is it better news for Democrats or better news for Republicans – or is it simply bad news for proponents of a civil political process?

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