Update no.437

Update from the Heartland

No.437

26.4.10 – 2.5.10

Blog version: http://heartlandupdate.blogspot.com/

To all,
The follow-up news items:
-- Opinions continue to abound in the wake of Arizona’s SB1070 immigration law [436]. I note two of a plethora around us.
“Arizona's immigration law twists the Constitution in the pursuit of illegal immigrants”
Editorial
Washington Post
Published: Thursday, April 29, 2010
http://www.washingtonpost.com/wp-dyn/content/article/2010/04/28/AR2010042805359.html?wpisrc=nl_headline
“Why Arizona Drew a Line”
by Kris W. Kobach -- Op-Ed Contributor
New York Times
Published: April 28, 2010
http://www.nytimes.com/2010/04/29/opinion/29kobach.html?th&emc=th
Most of what I have seen, heard and read can be readily classified as typical, extremist, politically motivated, divisive rhetoric, not intended to enlighten or resolve but solely to inflame. The Arizona legislature tried to craft a reasonable compromise bill to make a clear statement – as the Italians say, Basta! (enough). Any action is better than inaction. That aside, this is the very type of law that can be so easily abused and infringe upon the civil rights of American citizens. The all-or-nothing, take-no-prisoners approach to border protection and immigration reform serves no purpose beyond the status quo ante. I lived and worked in England and Italy for two years each. In both stints, I had to carry my passport and the resident-alien papers issued to me, and I was required to present them whenever asked by competent authority. I carried my papers faithfully. The only times I was asked for and presented them were departing or entering the country. Nonetheless, I am and remain a something-is-better-than-nothing citizen. I do not know whether SB1070 will survive federal legal challenge; I can see both sides of the argument. This will take years to play out unless superseded by a new comprehensive federal law.
-- South Korean President Lee Myung-bak waits patiently for the conclusion of the detailed investigation into the sinking of ROKS Cheonan (PCC-772) [432, 436]. An interesting editorial:
“Korean torpedo”
Editorial
Washington Post
Published: Thursday, April 29, 2010
http://www.washingtonpost.com/wp-dyn/content/article/2010/04/28/AR2010042805357.html?wpisrc=nl_headline
I am fairly certain the South Koreans have been considering various actions dependent upon the investigation’s outcome. Nations have gone to war for less, but perhaps this is just another tit-for-tat event in that region.

Reminiscent of a 6.March.2008, Times Square incident [327], a T-shirt vendor noticed a parked 1993 Nissan Pathfinder smoking; he immediately called 911 circa 18:30 [R] EDT Saturday. The New York Police Department (NYPD) responded immediately; the local police officer called the bomb squad, which was deployed promptly. They closed the heart of Times Square – 45th Street between Seventh and Eighth Avenues. The SUV’s license plates did not match the make of the car, raising suspicions. The bomb squad found several full propane tanks, gasoline containers, wires, fireworks and a crude device; they called it an amateurish bomb. The NYPD claims they have substantial forensic evidence, and if so, they will find the perpetrator(s).

Occasionally, I learn about something I had never heard of in my growing years of absorption. Sometimes, the things I learn are not so pleasant. The Supremes recently issued another Freedom of Speech ruling – United States v. Stevens [558 U.S. ___ (2010); no. 08-769]. Chief Justice John Roberts wrote the opinion for the 8-1 Court. He noted, “[T]he First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly.” This case dealt with one of the more disgusting and dark sides of humanity. Robert J. Stevens was charged and convicted in 2004, of violating Title 18 U.S.C. §48 [PL 106-152; 113 Stat. 1732], to wit, he sold a specialty media known colloquially as “crush videos.” Let it suffice to say, just the word description is sufficiently nauseating that I choose to skip that detail. What is worse than the physical entities at issue in this case . . . the thought or even mere hint of a mental image that such videos are actually pornographic for a small number of people makes the existence of such things orders of magnitude more revolting. The act as portrayed in the subject videos is illegal in every state in the Union. By this decision, the Court has decided the video recording and sale of these videos of illegal acts are protected speech under the 1st Amendment. We can now add Stevens to the growing list of expanding Freedom of Speech rulings by the Roberts Court.

News from the economic front:
-- After two failed attempts, the Senate finally voted to begin debate of the Restoring American Financial Stability Act of 2010 [S 3217] – the financial reform bill. This legislation is clearly quite important to our future and reducing the forces that brought on the serious recession. Financial reform legislation will be contentious, but should be less so than the health care reform we just endured.
-- This has been a tumultuous week for Greece and the European Economic Community. Greece had its sovereign debt downgraded and its national bonds downgraded to junk status. By the end of the week, Greece reached a historic deal with other euro-zone countries and the International Monetary Fund for a huge bailout. Greece estimates it will take until 2014 to get its government deficit under the EU’s limit of 3% of Gross Domestic Product (GDP). The deficit was 13.6% of GDP last year. One estimate pegs the deal at €100B (US$133B) over three years, with the first year estimated €30B.
-- The U.S. Federal Reserve reported the labor market is beginning to improve but still-high unemployment is constraining consumer spending. The Fed said it was in no rush to tighten policy, sticking to its forecast that economic slack, low inflation and stable inflation expectations should call for record-low rates for “an extended period.” The central bank will keep short-term interest rates near zero.
-- The Commerce Department reported the GDP rose at a 3.2% annual rate in the First Quarter, driven by businesses stocking up on goods for a strengthening consumer demand and by the lowest core inflation number in 51 years.

Comments and contributions from Update no.436:
Comment from the Blog:
“I want to pick out one small passing point and enlarge on it. My comment and your response to it mentioned the Libertarians. Since then, a fellow I know in person who enjoys debate referred me to the Wikipedia article ‘Criticism of Libertarianism.’ I commend that heavily footnoted article to you, particularly the section on economics. It cites examples of actual implementations of Libertarian methods in Chile and New Zealand. I recently studied Chile as a project in my college sociology class, and I can tell you that the information in the Wikipedia article is accurate. As with so many ideas, the execution in reality bears little relation to the projection based on the theory.”
[For your convenience, here is the URL for the article referred to above:]
“Criticism of Libertarianism”
http://en.wikipedia.org/wiki/Criticism_of_Libertarianism
My response to the Blog:
The Wiki article offers some interesting perspectives. I was not aware of the “Miracle of Chile” or the “Miracle of New Zealand.” The article does not offer details of why the libertarian economics did not work, so I need to learn more. I am not an advocate for laissez-faire capitalism – never have been, never will be. A truly free market, in the Ayn Rand vision, is no different from the lawlessness of the Wild, Wild West.
There are many elements of Libertarianism I find particularly attractive and reasonable, and yet a public domain without rules, order and discipline is just anarchistic chaos that comes down to simple survival of the fittest, most aggressive, most ruthless. Government must provide sufficient regulation for law & order.
Theoretical philosophies and ideologies like communism or capitalism become unworkable due to the frailties and flaws of the human beings who attempt to execute such concepts – greed & megalomania invariably overcome any semblance restraint. As Lord Acton so succinctly observed, “Power corrupts, absolute power corrupts absolutely.”

Another contribution:
“Read with interest all the comments and as usual they are tremendously insightful and illuminating for those of us less intellectual... I think you may want to research the Bible on the statements about homosexuals being immoral. That's the only basis I know, and I believe homosexuality has been with the world since very early on. I don't understand it but pray for those who practice it.”
My response:
Scripture is like the law, and clerics are like judges, interpreting the words. I’ve heard many different interpretations of the same words. I am not a theologian, not a Christian theologian, and not a theologian of any religion, as I am not a constitutional lawyer. I am at best a novice and curious student of the law and religion. My questions were not rhetorical, rather genuinely inquisitive. The ancient, harsh words of Leviticus stand in dramatic contrast to the compassion of Jesus of Nazareth. We can interpret the words of the Bible as they were lived two millennia ago, just as we can interpret the Constitution as it was ratified in 1787. I respectfully submit . . . neither ancient interpretation is worthy of contemporary life.
I saw a portion of the Larry King interview of Grammy-nominated Christian singer Jennifer Knapp, Horizon Christian Fellowship Senior Pastor Bob Botsford of San Diego, and New Life Church former pastor Ted Haggard. Very good points were raised. Oh, by the way, Jennifer is an “out” homosexual female, and Ted is a struggling “other than heterosexual” male of some notoriety.
I have no intention of trying to convince any individual as to what they should think or believe. My only objective is tolerance and respect for the beliefs, choices and rights of other human beings . . . much in the way Jesus of Nazareth showed us. My objection is our penchant to pass laws to force people to live the way we want them to live, and worse injure or kill those who choose differently. Immorality is between each of us as individuals and God. The law and our conduct should be confined to the public domain, public conduct, and to private conduct that is injurious of others. “Life, Liberty, and pursuit of Happiness” does not have another qualifier like “as the majority determines.”

My very best wishes to all. Take care of yourselves and each other.
Cheers,
Cap :-)