08 April 2013

Update no.590


Update from the Heartland
No.590
1.4.13 – 7.4.13
Blog version:  http://heartlandupdate.blogspot.com/
To all,

With a goodly dose of reticence, I acknowledge the existence of this opinion article:
“Judaism's Sexual Revolution: Why Judaism (and then Christianity) Rejected Homosexuality”
by Dennis Prager
OrthodoxyToday.org
Published: date unknown [received from secondary source: 1.April.2013]
Reprinted from “Crisis” magazine, vol.11, no.8, September 1993
            First, who is Dennis Prager, you may ask?  Well, apparently he a “writer, theologian, and daily talk show host on KABC Radio in Los Angeles,” which makes him as much of an expert on such things as any of the rest of us.  So, here we go.
            For the homophobes among us, this is red meat.  Yet, I believe such opinions are important to discuss in any balanced debate forum.  I am certain there are more than a few citizens who believe Prager’s perspective without doubt or question, and frankly, that is their choice entirely.
            As for me, there is not much I can agree with intellectually in the Prager opinion, yet, to be true to the ideal of open debate, I have chosen to illuminate his perspective and to point to one sentence in particular.  He based his opinion on and pronounced:
When Judaism demanded that all sexual activity be channeled into marriage, it changed the world. The Torah's prohibition of non-marital sex quite simply made the creation of Western civilization possible.”
While we have no means to know exactly how the religious dictum evolved, I believe there is little doubt regarding its contribution to civilization.  We can surmise many supportive factors, e.g., reduction of intra- and inter-familial conflicts, establish clear heritage and transfer of property, orderly family doctrine, et cetera.  Yet, to claim monogamous marriage was the keystone to Western civilization ignores multitudinous other contributing factors like communications, weaponry, science, philosophy, et cetera ad infinitum.  Prager then stretches the dictum, adding selective fact presentation, to declare:
Accepting homosexuality as the social, moral, or religious equivalent of heterosexuality would constitute the first modern assault on the extremely hard won, millennia-old battle for a family-based, sexually monogamous society.”
Pardon me, I continue to struggle with the notion that my neighbors private relationship choices can adversely affect my marriage or anyone else’s marriage.  I do understand the moral disapproval of any behavior outside The Box – “family-based, sexually monogamous society” – however, I cannot reconcile religious dicta with the spirit of individual freedom that is the basis of this Grand Republic.  Free, open and candid debate remains the principle tool of influence in a free society, not the imposition of moral choices via the law, even if dictated by the majority.

The United Nations General Assembly passed the Arms Trade Treaty [A/67/L.58] by a vote of 154 in favor, 3 against and 23 abstentions.  While I can support the principle objective of the treaty, other elements as they have been reported appear to be contrary to free commerce and other elements of freedom.  I have not read the full text as yet, and the treaty will not be binding on the United States until ratified by the Senate.

Here is another intriguing opinion for debate:
“GOP should stand firm against drug legalization”
by Peter Wehner
Washington Post
Published: April 2, 2013; 11:32 PM EDT
Where do I begin?  Allow me to cut right to the chase.  If the Republican Party seeks to further marginalize itself, I would encourage them to accept Wehner’s counsel.  The Grand Old Party likes to self-anoint themselves as “conservatives,” as proponents of small government, as spend thrift fiscal conservatives, and staunch defenders of “family values.”  I cannot see the path to reconciliation of espousing small, un-intrusive government with the vast, multi-layered bureaucracy and bleeding precious treasury, imposing our moral condemnation on those who seek the oblivion of psychotropic substances. 
            Once more into the fray . . . like Wehner, I am also against simple legalization, as it would be like throwing gasoline on an open fire.  No!  Legalization is not the answer.  If we have any hope of finally ending the so-called “war on drugs,” we must regulate public access to psychotropic substances at least to the degree of alcohol.  As I have espoused before and will continue to do so, we must take a variety of legal and societal actions to allow those citizens who seek the stimulation (or lack of same) of psychotropics to have quality material in purity, additives, dosage, packaging and labeling.  They need a means to obtain their preferred substance(s) without resorting to person or property crimes.  And, most importantly, we must insulate the abusers to avoid any collateral injury or damage.  By prohibiting drug acquisition, possession and use, we have created an entire plethora of criminal subculture from the addict who breaks into a home to steal for fence-money to the narco-cartel drug lord who produces, smuggles and distributes his product to satisfy consumer demand and literally kills innocent people who happen to muddy the process.  As long as we keep drug use illegal and relegated to the shadows of our communities and society, we will continue to have associated crime and inordinate collateral damage.  Further, we stand little chance of helping those who truly seek help, who made a youthful mistake and want to break the dependency.  Lastly, the practical, realistic side of all of us must accept there is absolutely nothing we can do to stop the addict from doing whatever he must do to feed his addiction; an addict has NO morality or respect for other human beings or property.  So, let us get the addict into the daylight and help those who truly want help and insulate the abusers from harming another living soul.
            A classic and all-too-common ploy by those who seek to intrude upon our private lives involves a well-constructed circular argument that appears more like a Gordian knot.  The technique is used for such hot-button issues as abortion, prostitution, and in this instance, psychotropic substances.  The argument goes, we must prosecute the crime, therefore we prohibit the drugs that cause the crimes, without regard to breaking the cycle by disconnecting the linkage between the need for the addict to find the drugs he wants/needs and the crime that supports his habit.
            Bottom line: Wehner is wrong, and I would encourage the GOP to move back to its heritage and get government out of our private lives.  They should focus on letting do what the addict wants and protecting the rest of us from collateral damage.

Connecticut lawmakers approved a wide-ranging, gun-control bill that ban the sales of large-capacity ammunition magazines and more than 100 weapons that previously had been legal.  I have not read the law, as yet; however, I suspect it mirrors the original Feinstein bill that has since been diluted and sidelined in the Senate.  I do not believe the Connecticut law is consistent with the Constitution.  Yet, there is nothing the rest of us can do.  A Connecticut resident must challenge the new law as unconstitutional, since non-residents do not have standing to engage. 
            As an ancillary comment, the correct moment to buy more time for a law enforcement response to a threat is before the first shot, not at the magazine changes.  Further, if we want universal background checks, let us also protect every citizen’s fundamental right to privacy.  We must go after the root causes of gun violence, NOT treat the symptoms in some emotional, lame attempt to make ourselves feel better about the nauseating tragedies of Sandy Hook and all the others.  Where is our initiative to intervene with the seriously mental ill among us?  We are still focused on the wrong things?  We will not alter the outcomes by these foolish superficial actions . . . just because we can.

U.S. District Judge Edward R. Korman of the Eastern District of New York issued a Memorandum & Order in the case of Tummino v. Hamburg [USDC NY ED no. 12-CV-763 (ERK)(VVP) (2013)], in which he directed the United States government to make the most common morning-after pill available over the counter for all ages, instead of requiring a prescription for girls 16 and under.  I have not read the ruling as yet.  Nonetheless, the judge’s order has the potential to be a game-changing decision.  I suspect the appeals will make their way to the Supremes.

“The politics of Roe v. Wade and gay marriage”
Washington Post
Published: April 4, 2013
An interesting opinion, if you ask me.  Regardless, the larger over-arching issue in all these moralistic legal debates seems to be missed.  This is not state’s-rights versus federalism; it is most emphatically individual freedom of choice and an individual’s fundamental right to privacy. North Dakota, Arkansas and soon Kansas are wrong and represent the worst of intrusive government.  Passing oppressive laws is not how we should affect the private choices or behavior of free citizens.

A largely overlooked, recent Supreme Court decision has potentially very serious implication for all of us – Clapper v. Amnesty International USA [568 U.S. ___ (2013); no. 11-1025].  The case dealt with the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (AKA FISA Amendments Act of 2008) [PL 110-261; 122 Stat. 2436; 10.July.2008] [344, 565] and the controversy of warrantless electronic surveillance within the War on Islamic Fascism.  Associate Justice Samuel Alito wrote for the majority of a 5-4 divided court, and reversed and remanded the appeals solely upon the legal lack of standing by the originators of the action.  The critical element in this position rests upon the historic principle of demonstrable injury.  Since Amnesty International and others could not produce evidence of injury in a secret, government, surveillance program, they had no standing.  With this decision, the Supreme Court set the threshold very high for recourse regarding the government’s warrantless surveillance program.  My opinion lays somewhere between the majority and the dissent in this instance.

News from the economic front:
-- The Central Bank of Cyprus announced that 37.5% of all deposits over €100,000 in Cyprus banks will be converted immediately into a special class of shares at the their respective banks as part of its recapitalization plan and the deal with the troika for financial support.  The central bank also said an additional 22.5% will be frozen in non-interest bearing accounts until the restructuring plan is completed – a process expected to take several months.  This is a smidgen short of outright confiscation, which is only a small step above total loss.  The bankers chose short-term survival at the cost of any form of confidence in the banking system in Cyprus, i.e., slow death.
-- The People’s Republic of China reported its Purchasing Managers' Index (PMI) rose to 50.9 in March from 50.1 in February, the fastest change in 11 months.
-- Bank of Japan Governor Haruhiko Kuroda announced a “new phase of monetary easing,” expected to double Japan’s monetary base over a two-year period, through aggressive purchases of long-term government bonds and risk assets.
-- The European Central Bank (ECB) President Mario Draghi indicated the bank’s intention to keep its main refinancing rate steady at 0.75%, despite the Bank of Japan’s stunning easing plan.  The Bank of England kept its primary rate steady as well at 0.5%.  The EU’s inflation rate has been falling below the bank’s 2% target, while unemployment is at a record high.  The 17-nation euro-zone remains in recession.
-- The Labor Department reported the nation’s employers increased their payrolls by a lower than expected 88,000 in March, compared to 268,000 in February.  The unemployment rate, which comes from a different survey, ticked down to 7.6% from 7.7% in February.

London Inter-Bank Offered Rate (LIBOR) Debacle [552]:
-- According to the Wall Street Journal, despite Judge Buchwald’s ruling last week [589], 30 state attorneys general are pressing on with their investigations of banks involved in the LIBOR interest-rate rigging fiasco.  The number of states involved in the coordinated probe has grown substantially in recent months and could result in enforcement actions seeking billions of dollars in damages.
-- So we don’t lose focus . . . the infamous 16, involved, international banks are:
·      Barclays [UK] – US$454M fine [550]
·      Bank of America [U.S.]
·      BTMU [Japan]
·      Citibank [U.S.]
·      Credit Suisse [Switzerland]
·      Deutsche Bank [Germany] US$654M LIBOR profit [578]; set aside €500M (US$641M) for LIBOR liability [589]
·      Lloyds TSB [UK]
·      HSBC [UK]
·      HBOS [UK]
·      JPMorgan Chase [U.S.]
·      Rabobank [Netherlands]
·      RBC [Canada]
·      RBS [UK] – £390M (US$612.6M) in fines, 21 employees involved [582]
·      UBS [Switzerland] – US$1.5B fine, two charged [575]
·      West LB [Germany]
·      Norinchuckin [Japan]
I trust none of us will lose sight of what these banks have done.

Comments and contributions from Update no.589:
Comment to the Blog:
“The abortion/choice debate centers on a question that cannot be answered by human beings and is rarely discussed: when does a fertilized egg attain a life separate from its mother’s? The discussions about that issue, therefore, focus on emotions and non-issues. I’ll skip that particular issue for that reason.
“On the marriage equality issue, I see you as indulging in a battle of wits with unarmed opponents. I will, however, indulge myself by pointing out to one of them that homosexual sex does not lead to abortions.
“Were I a Cypriot with large economic resources, my money and I would have left the island at least a month ago. I expect that smugglers will thrive by helping people get away, but I doubt that anyone else will get much benefit from this piece of ugly government maneuvering.
“Those once-beloved “free market” economies continue falling. The UK, however, has found a beginning of a healthy response by requiring (not just asking) its banks to have healthy capital reserves.
“The LIBOR scandal continues. Apparently Deutsche Bank has a clear idea of its penalty and no trouble paying it. Nobody there seems to fear the more appropriate consequences of jail.”
My response to the Blog:
Calvin,
            Re: abortion.  Indeed.  The con-side claims life begins at the nanosecond a sperm cell penetrates the membrane of an ovum – a moment in time that cannot be scientifically determined, I might add.  The pro-side seeks a definition of birth, as in exit from or removal from the host mother’s uterus (womb).  Back in the archaic days of 1973, the Supremes used the best legal and medical definition of the day – sustainable life outside the womb {Roe v. Wade [410 U.S. 113 (1973)]}, i.e., 3rd trimester, >26 wks.  I have a difficult time grasping the mythical instant in molecular biology when a woman is no longer a free and independent citizen, but rather relegated to a biological incubator under the direct control of the State.  Debating such nonsense, like so many societal (moral) issues of our day, focuses on symptomatic phenomena rather than the root cause. 
            Re: marriage equality.  Good point; homosexual sex cannot lead to abortion . . . perhaps that is a benefit, then.
            Re: Cyprus.  A sad state of affairs . . . all because of greedy bankers who were happy to look the other way with less-than-clean money in order to make a profit.  Even sadder, those bankers apparently had a wink & nod from the government.  And the worst, none of the perpetrators – bankers or government officials – will likely face judgment before the bar and appropriate punishment.
            Re: capital reserves.  I believe most, if not all, of the advanced economies have required banks to increase their capital reserves as part of the actions to prevent a repeat of the financial meltdown of 2008.
            Re: LIBOR.  Some of the culprits will face justice, but certainly not enough.
 . . . a follow-up comment:
“The only item in this response that I question is the assumption that the advanced economies have increased capital reserve requirements for their banks. A blog I follow, Baseline Scenario, has repeatedly advocated for the US to do that but has not achieved any results, if I'm correct. From your blog item, I assume that the UK is just now getting around to it.”
 . . . my follow-up response:
            The Obama administration carried out a series of banking system stress tests beginning in 2009 [383 & sub] that resulted in various changes to improve the capacity of banks to endure financial trauma.  I make no claim that the U.S., UK, EU, or any other government entity has done a good job reforming the banking system, but they have tried to make it less likely we might suffer a meltdown like 2008.

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

2 comments:

Calvin R said...

Cap,
That article on Judaism’s and Christianity’s rejection of homosexuality and demand that sex be confined to marriage falls short in many ways. First, consider the source. “Orthodoxy Today” is not a scholarly source, as the ensuing load of nonsense demonstrates. I would almost buy as much of the argument as you do, except I study history. The Greek and Roman Empires subscribed to none of that Judeo-Christian morality, as you well know. The Romans (at least the Imperial Court) eventually converted to Christianity, but by that time they had already begun to decline. The “barbarians” put them out of their misery. The Jews were a conquered people and remained that most of the time until the United Nations finally granted them Israel. I cannot subscribe to the notion that their specific morality somehow gave rise to what Prager sees as civilization. How, then, does Prager explain China’s and India’s empires or the modern-day success of Japan? I find his assumption that Judeo-Christian religions are “higher” religion offensive, as I do his dismissal of others’ sacred sexual practices. Prager’s article is ranting, not reasoning.

Wehner’s article encouraging the Republicans to oppose drug legalization seems intended as a strategy point rather than a real discussion about drugs. He gives all the same claims I have been hearing for decades about the damage he says drugs do, but does not offer any evidence for success of the same old strategy that goes back to Lyndon Johnson. If Wehner intends to influence Republican strategy, as I believe he does, he ignores the tide of public opinion. The primary people who favor continuing the “war” on drug users are those who make money on it: people who operate private prisons and public agencies pursuing, prosecuting or imprisoning users. We cannot know whether the criminals currently controlling the markets for illicit drugs financially support their continued prohibition, but they would not be breaking new ground if they did. Al Capone was a major supporter of the Prohibition against alcohol, and that paid off very well for him.

“The Politics of Roe v Wade and Gay Marriage” is a good article. I share the position that individual freedom is the central point of this discussion.

As you may have noticed, I do not support warrantless surveillance. FISA, the so-called PATRIOT Act and anything else that gives the government unrestrained control over the lives of Americans is just simply wrong.

I do not know how you can call the Central Bank of Cyprus’s decision “slow death.” There’s no reason to believe it will be prolonged.

The US “stress test” a few years ago was widely criticized and had no concrete results.

Cap Parlier said...

Calvin,
Re: Prager. I believe he used the term “Western civilization,” which can be generally thought of a Euro-centric and would thus exclude the Eastern civilizations of Japan, China and India. We are agreed; the fall of the Greek and Roman empires came on reasons far broader than hedonism.

Re: Wehner. Yes, precisely; his suggestion is a proposed political strategy to differentiate the Republican Party from the other political parties. He clearly does not understand or even comprehend the demand for use of psychotropic substances or the criminal sub-culture that feeds that demand. I would not be surprised in the slightest that the drug lords and their production/distribution infrastructure encourages and supports continued prohibition – it is their business. Regulation of the drug trade would almost overnight supersede their business.

Re: individual freedom. Sadly, the Republican Party appears to have been blinded by the conservative religious right and the dictation of their moral oppression, which has made them incapable of appreciating the essence of individual freedom. The Republicans have garnered sufficient majority in Congress and shamed/coerced enough Democrats to pass the myriad of morality laws attempting to prohibit private conduct. They have created a massive government bureaucracy and deeply intrusive laws to enforce their professed morality, and then they spit epithets at Democrats (actually, anyone who does not agree with them) about being tax & spend liberals, socialists and worse. Even sadder for me personally, there was a time when I swallowed that bitter pill. So, I say let them adopt Wehner’s proposal and continue to fantasize about a nation at their mercy and dictation. Virtually all of the morality topics – drugs, abortion, prostitution, gambling, non-heterosexuality, et cetera – are simply and solely about individual freedom versus the oppression of a moralistic majority.

Re: warrantless surveillance. In general, I agree; warrantless surveillance is the antithesis of the freedoms we cherish. Yet, in the War on Islamic Fascism, the enemy has effectively used our commitment to freedom and the restraint of government. While I am quite uneasy with the extraordinary power FISA, PATRIOT and other laws have given the Federales, and even more so the known abuses, I think they must have those tools to wage war successfully. The laws should be amended to insulate the intelligence apparatus from the law enforcement and political systems; it is simply too easy, and way too tempting to use war information for political gain, as I believe we witnessed in the Elliot Spitzer travesty.

Re: Central Bank of Cyprus. Slow is a relative term . . . as compared to what? They could prolong it as long as their captured funds last, or until the EU/ECB inject significant funds. Generally, banks do not survive long with really angry, betrayed customers.

Re: stress test. Perhaps, but that is matter of perspective and opinion. Regardless, the necessary banking industry reform that is needed has not occurred for a host of largely political reasons.

Cheers,
Cap