Monday, February 29, 2016

On the Eve of Super Tuesday

On the night before the first deluge of votes and delegates, the race is pointing to Clinton and Trump to continue their leads.

On the Republican side, Trump leads significantly in delegates:
  • Trump 82  6.6%
  • Cruz 17    1.4%
  • Rubio 16   1.3%
  • Kasich 6   less than 1%
  • Carson 4  less than 1%

On the Democratic side, it's a virtual landslide:
  • Clinton   544 22.9%
  • Sanders    85  3.7%












There are no indicators out there in the polls that this pattern won't continue.  You don't need to be a pollster or statistician to predict Wednesday's headlines!

Saturday, February 20, 2016

The President Shall Nominate a Replacement for Justice Scalia

No sooner had Antonin Scalia, Associate Justice  of the Supreme Court un-expectedly died, when the controversy over his replacement started.

The President wants to nominate a replacement.  A number of Republican senators and Presidential candidates say we should wait until the public votes for a new president.

Who is correct?  

Let's start with a quote from the Constitution of the United States, Article II, Section 2.  Referring to the President of the United States, the second sentence of the second paragraph states "...and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Justices of the supreme Court..."

At times like these, we should follow the Constitution.  The Constitution is clear, using the auxiliary verb "shall" to indicate an obligation.  Not just a nice idea, not just a suggestion, not just maybe he should, but "shall" means it's a true obligation.

Most importantly, there's nothing in the Constitution saying that if the President only has 1 year left in his term, he should wait for the next President.  It's just not there.

So the President is obligated to submit a nominee to the Senate.  Once nominated, the Senate has its role of providing Advice and Consent.  In that role, the Senate can advise the President that he shouldn't have nominated anyone.  But, giving the obligatory nature of the auxiliary verb "shall," that would be unconstitutional advice.  Sorry, Senators!

The Senate also must provide its Consent to any nominee.  If the Senate does consent to the nominee of the President, they can vote accordingly.  And the President can try again.  And the Senate might not vote to approve the nominee.  This back and forth until the next President is sworn in.  That would at least be constitutional.

But, to follow the Constitution, the President shall nominate a replacement for Justice Scolia.  Not to do so would be unconstitutional.



Thursday, February 4, 2016

Election Year in a Polarized America


Here we are in another Presidential election year.  But unlike past primaries, this year's race has a much different feel with the candidates, the issues, the tone of the speeches.  
Rejection of Establishment Politics:  On both sides, we see a rejection of the establishment parties.  It seems all the Republicans are running as outsiders, railing against Washington and the press.  We hear Donald Trump, unencumbered by anything "politically correct," saying what no Presidential candidate has ever said, reflecting the latent racism, misogamy, and fear of foreigners of his loyal followers.  And on the left, Bernie Sanders is a self-defined socialist, railing against Wall Street and capitalism in general.
No Middle Ground:  Listening to supporters on each side, there seems to be no middle, no chance that any good can come from the other side.  The right believes a Democrat in the Oval Office means they are coming for their guns, the borders will be porous allowing in all forms of criminals and terrorists, and the economy is going to hell.   The left believes a Republican will put the country in reverse, reversing a women's right to choose, disenfranchising minorities, and enacting policies that benefit the rich as the expense of the poor and middle class.
This time around, there seems to be a more urgent sense that they can't let the other side win, or it will be a disaster.
Now the primaries inherently play to the base of each party, to the hard core, if you will.  So, the questions is who will be the winners in each party?  And will it be possible for them to play to the middle, or will the general election further polarize the country?

Saturday, November 21, 2015

Immigration and Terrorism

Syrian Refugee camp
Photo source:  Center for Immigration Studies
Paris, Nov. 14, 2015:  coordinated terrorists at-tacks result in 129 dead. The western world is now focused on these attacks, ISIS, and Syrian refugees.  It strikes fear in many.

And, not far behind, are the fear-mongers, scapegoating immigrants and Muslims.  The forces against freedom are ramping up.  Republican Senator Lindsay Graham summed it up as ISIS is Going to Kill Us All!  Not to be outdone, former Gov. Sarah Palin says ISIS will plant the flag of Allah atop the White House.  (Side note:  Isn't Allah the same as Christian's God the Father?  If the religious right says we are a Christian nation, why don't they embrace the idea of planting the flag of God the Father atop the White House?)

Yes, this is a serious threat and ISIS is certainly bent on a path of repression and gruesome murder of those who disagree with their distorted vision of Islam.  But, how do we respond to the threat?  They want their enemies to fear them and hate them.

I think that we in free democracies need to propose a two-pronged response.  First is that our governments need to strike back and remain vigilant on the intelligence front.  Second, and equally important, is we cannot surrender our freedoms in the face of murderous terror.

No to Fear!
We cannot cower in the fear of the possibility of a random act of terrorist violence.  On the rational side, we are more likely to be killed in an automobile accident than be killed by ISIS.  We are more likely to be killed by a crazed gunman, and event that happens all too often in our nation.  (Unlike Europe, we are pretty well armed nation, and many gun owners would relish the opportunity to take out a few terrorists.)

We should pray for the victims, morn the victims.  But we need to carry on and live in freedom.

No to the Merchants of Fear!
The politicians are having a hayday with fear.  Particularly, conservative politicians seem to thrive when we have enemies to fear.  Fear is a strong emotion, and it gets out the vote!

But fear is crippling.   It clouds our judgment.  It leads to hatred and repression.   We must say no to the Merchants of Fear and their distorted vision.

No to Repression of Muslims and Immigrants!
The Merchants of Fear are calling for more repression of Muslims and immigrants.  
  • We hear Donald Trump, taking an idea right out of the Nazi playbook, calling for Muslims to be tagged in a data base, not unlike sex offenders.  Is the next proposal forcing them to wear a crescent and star of Islam?
  • We hear politicians like Jebb Bush calling for a religious test for refugees:  Christian is good, Muslim is no good.  (But this is from the party that keeps saying the US is a Christian nation and interpreting Freedom of Religion as only the freedom to choose which brand of Christianity you wish to follow.)
  • We also hear politicians saying no to Syrian refugees.  Among the thousands of refugees, there is a chance there may be one or more agents of ISES.  Is this a reason to say no to all refugees?  Or maybe just tighter screening?
The Merchants of Fear know that fear leads to hate and hate leads to popular support for repression.  

What is most dangerous of repressive policies is that they often focus the fear and hate on the wrong population.  While conservatives supported the fear of Iraq, we were attacked by radical Saudis on 9/11.  While the attacks in Paris are being blamed on Syrian refugees, it appears they were planned by a Belgium national.  While we are lead to fear foreigners, most mass killings in the US are committed by US citizens.  

Fear distorts our view of where the real risk is.

We must be prudent.  Our government must fight back against ISES.  Our government must keep vigilant for intelligence about the plans of terrorists.

But having done what is prudent, we must carry on and not be be crippled or blinded by fear and hatred.  We must live and relish the freedom we have!

Day of Remembrance for Transgender People


This Sunday (Nov. 22, 2015) in Boston is the Transgender Day of Remembrance, a day to remember the many people in Boston, around the US and around the world killed only because they happen to be transgender, and someone deeply hated them for that fact.




I live a rather protected, straight, middle class life and no body harasses me or shows overt hatred (that I know of).  I simply can't image what it would be like to be so hated that someone would want to go as far as kill me.

Still, I think it's good - it's necessary - to take time to rem
ember those who have been the victims of such hatred, that their lives cut short continue to value, and that each of them was a person of great and unique dignity.

That everyone, including LGBTQ folks have dignity is not a liberal value, it's an American value!  All "are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Today, we see much of the western world focused on terrorism, and that hatred that kills so randomly.  This is indeed a great evil in the world.  But not the only evil.  The evil that implants hatred in the hearts of those who would kill (or even bully) people because they happen to be transgender, or gay, or black, or Jewish, or Christian, or Muslim, or any category of persons - this is also a great evil.

Our world is filled with the evil of hatred.  But we must not be defeated.  We must remember those who have died, uphold their dignity, and live in the belief that the light we can share can overcome the darkness of this evil manifest in hatred that would go as far as the murder of innocents.

Monday, September 2, 2013

Syria: Crises of Complex Proportions


Syria is a crises that tears at our hearts when we hear of innocent civilians massacred, most recently gassed to death.  Over 100,000 have died, a number equivalent to the population of my home town of Cambridge, Massachusetts.

As Americans, we always ask "What should we do?"  We are a people that like to take action.  I think we feel better about ourselves when we take definitive action.  We like our action movies when the hero takes immediate action and gets back at the enemy.

We are more divided when it comes to nations that are neither our close friends or our enemies.  It took a lot of demonizing of Iraq before the Bush administration pushed for the ill-conceived invasion of Iraq.   We were divided about taking action in Kosovo, when we intervened for humanitarian reasons to stop the "ethnic cleansing." 

In the first case, the left generally opposed intervention while in the second, the right was generally non-interventionist.  While there are some who are non-interventionists in all situations, the 2 major political parties seem to see-saw back and forth on the question of when to intervene.

With this landscape, we come to September 2013 and the question of Syria.  President Obama looked like he'd announce a plan of definitive action, likely a missile strike against some Syrian military facility in retribution for stepping over the line with the use of deadly gas.  But, then he pulled back and tossed the hot potato to Congress.  Was this an act of an indecisive leader or a shrewd politician who knew he'd get a 80% negative rating on any decision he could make?  Was he wise to seek political consensus?

Immediately, we saw that Congress is all over the map on what to do in Syria.  Sen. McCain criticized the President for backing down from action, saying it would embolden our enemies.  But other Republicans opposed action, while some were for it depending on certain conditions.  Democrats were also all over the map, from supporting action to saying no military action should be taken under any conditions.  Weariness of the decades-long wars in Afghanistan and Iraq also feed into the political debate.  Also, many have a "we won't get fooled again" perspective, recalling how many were duped about Iraq's weapon arsenal in order to justify that war.

What to do?

Any action should be informed by a good understanding of the nation, its issues and its peoples.  This link is one a number of Syria 101 articles that are worth a read.  The article has many links to other articles and videos.

Does it help?

I found that about 50% through it I came to understand why in the US you'll hear about a dozen different perspectives from politicians.  Each tidbit of information on its own might lead to concluding on one approach for intervention or non-intervention.

Taken together, you might come to the same conclusion as Pres. Obama:  let's throw this out there for a debate on the issue.

I keep teetering between non-intervention and the urge to take action against the state-sponsored atrocities from murder of civilians (including children) to the use of deadly gas on civilians.  These are humanitarian crimes that cry out to heaven.  If not us, who will act?

But, I know that while definitive action may feel good, any action, any support for any side may have unanticipated negative consequences.  And increasing the level of warfare may not lead to a workable solution.

My recommendation would be to gather a coalition of our allies, the UN, and the Arab League to negotiate a cease fire and peace talks.  We need to end the bloodshed that is devastating Syria.  But peace, not more warfare, is the way.

Saturday, July 20, 2013

In the Matter of Trayvon Martin and George Zimmerman

There is no reason that Trayvon Martin should have had to die.  There's simply no reason.

His death is not right (in my sense of right and wrong).  It is not just, even if it can be legally justified under the laws of Florida.  Being legally justifiable does not make something right, nor just.

Just walking around
Trayvon had a right to be there, in that gated neighborhood.  He was staying there temporarily.  Just walking around, he was not up to anything wrong.

In fact, before the encounter and confrontation, each man was just doing his own thing, if you will.  Trayvon was just going to the store and returning to the home he was visiting.  George was just doing his rounds of watching the neighborhood.  Neither of them knew the other. Neither of them had any beef against the other.

And, if on that evening of February 26, 2012, each of them had simply just kept on doing their thing, neither would have nationally known names.  Neither of them would have been in a scuffle.  Trayvon would still be alive today.

Let me first suggest that no one, regardless of their opinion on this matter, would have wanted Trayvon Martin to die.  Even the most ardent defenders of George Zimmerman will only defend George's innocence, that, under the laws of the State of Florida, he had a right to use deadly force in the scuffle at a point when George felt he had reason to believe his life was threatened.  They would defend George's right to self-defense and to stand his ground,  But, I will suppose that none of them believed that Trayvon deserved death.

Why did he have to die?
So what went wrong?  Why did Trayvon have to die?

Here the details are only partial.  We don't have a video replay to document the events, step-by-step.  Piecing things together, we know that George called the police after seeing Trayvon.  There had been incidents of other crimes in the neighborhood, and apparently George suspected that Trayvon might be up to criminal intent.

About 7 1/2 minutes after George called the police, a shot is heard by a neighbor calling the police.

Somewhere in those tragic 7 1/2 minutes, Trayvon realizes he's being followed and runs, getting away from George.  Despite instructions from the 911 operator, George pursues Trayvon on foot.

In the last 3 minutes of Trayvon's life, the encounter escalates.  Somehow George finds Trayvon.  At some point the encounter turns into a scuffle.  One of them shouts for help.  A neighbor sees the fight and calls 911.

And then at 7:17 pm, the shot is heard.

Within a minute, police arrive.   Not too much longer, Trayvon dies.

Beyond these events, we hear how different people want to interpret the situation.

Some will say that George escalated things by not obeying the 911 operator's instructions not to pursue.  If he didn't pursue, when the police arrived, they might have only questioned Trayvon and interviewed George, avoiding the fatal encounter.

Others say George was just doing his job.  He found someone who might be up to no good, pursued him.  And when he felt his life was threatened in the scuffle, he defended himself.  They say he did nothing wrong.

How Doing "Nothing Wrong" Leads to Fatal Results
Why does the "he did nothing wrong" scenario end up in Trayvon's death?

Some will say that it was Trayvon who was attacking George.  And when the encounter changed to the point Trayvon threatened George, then George was justified in defending himself.

But on the other side, were Trayvon's actions tantamount to "standing his ground" when he felt threatened by Georges pursuit?

On another perspective, if not for George's gun, the scuffle may have been simply a "mano-a-mano" fist fight, perhaps with bloody results, but not with fatal results.  The deadly weapon was the variable that allowed the scuffle to turn fatal.

The "Loophole" in Stand Your Ground
On the surface, self-defense makes sense.  You're just minding your business, and some criminal comes up to you and threatens you.  Shouldn't you be able to defend yourself?  Most people will say this makes sense.

But now, change the nature of the encounter.  Say there's no one just attacking you out of the blue.  You're minding your business and so is the other person.  But you think the other person may be up to no good.  Then you do or say something, and the other person feels threatened.  With both persons now feeling somewhat threatened, an encounter or scuffle or fight follows.  The fight escalates.  Now, if either or both of the persons fighting feels their life is threatened, they can simply kill the other person can claim they're standing their ground.  

Does this mean anytime two people get in a serious fight, the stand your ground provisions apply and one person is allowed to kill the other?

Does this mean that someone can now go around picking fights, getting the other person all worked up until that person attacks, and the person picking the fight can now kill that person, justified by stand your ground?

Is this a justification for injecting a fatal conclusion is what should just be a fight?

If George escalated the encounter by pursuing Trayvon to the point Trayvon felt threatened, who is responsible for the scuffle that followed. Why does George get to claim stand your ground if he started it?

The Law vs. Right-and-Wrong
Somewhere, I believe there is a gut sense of right and wrong that is violated here.  Sure, I listened to the trial and based on the evidence and law, George was correctly found "not guilty."   But that doesn't make him innocent or even right in his actions. 

Only a lawyer can say that right-and-wrong of the incident boils down the the last 2 minutes of the scuffle, when George felt his life endangered and shot Trayvon.  I believe reasonable people would look at all of George's actions to judge what is right or wrong.

Thus, my sense of right and wrong encompasses the entire incident, from the first moment that George spotted Trayvon.

My sense of right and wrong looks at all the actions of each individual.  When you do that, we see neither was completely a victim.

When George first spotted Trayvon, he was doing nothing wrong and had every right to be walking through the neighborhood.  But seeing this young man in a hoodie, George made a judgement that he was suspicious, and then decided to follow Trayvon.  Observing only his race and attire, George wrongfully assumed Trayvon might be up to something criminal.  This act made Trayvon a victim of unjustified accusation.  

As a victim of unjustified accusation, was not Trayvon justified for feeling concerned about being followed?  For Trayvon, there was not an apparent reason why this guy was following him.  So, would not be reasonable for Trayvon to run away to escape from being followed?  Yet, George may have interpreted Trayvon's running as confirmation that he was up to something.

So, the situation between the two strangers has escalated, with George in pusuit of a potential criminal and Trayvon angry about why this unidentified guy is following him.

For any person, regardless of age or race, being followed for unexplained reasons puts one on the defense.  Many of us have had some situation where they are followed by someone.  It happened to me once at age 22, when two men pulled me down and robbed me.

According to the event timeline, there was about 3 min. between the end of George's call to the police, when he said he lost track of Trayvon, and the shot that killed Trayvon.

Clearly, in those 3 minutes, the pair found each other.  After finding each other, somehow a  scuffle ensued and likely punches were laid on George.

While a fight is never justified, we can see where the emotions of each person could lead to it.

But, who was the instigator?  George took the first actions, and created the encounter.  Without his pusuit, the two would have gone on their own ways.

Yet, under the law and in court, we see George made into the victim, fearing for his life in a scuffle lasting 2 minutes at most.  

Think about this.  George is the guy with the gun.  Trayvon is unarmed.  If Trayvon knew George had a gun and was pursuing him, did not Trayvong have  the right to stand his ground and defend himself in the only way he could by using his fists, as he was unarmed.

Yet, under Florida law, it is George that is justified for "standing his ground" (ironic for a guy lying on his back, loosing the fight that he instigated.

My sense of right and wrong is both of them are wrong in fighting.  But, once the fight began, both of them can be justified in "standing their own ground."

Finally, if this incident was left to trained law enforcement and not this amateur, self-appointed armed watchman, there is no reason for the incident to end in death.  But, thanks to the provisions of Florida law, we have a young man dead for no good reason.

The death of Trayvon was not right.  It was not just.