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October 28, 2008

Is UCLA Cheating?

[Please see ADDENDUM to this post]

Californians amended their constitution in 1996 via Prop. 209, which provided that

The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
As I have discussed here many times (such as Prof Charges UCLA Admissions Cheating, Resigns From Committee), there is a great deal of suggestive evidence that UCLA has honored this constitutional command primarily by exploring different methods of getting around it. See, for example, here, and here I quoted, among other sources, these findings reported in the UCLA Daily Bruin:
In fall 2006, before UCLA switched to holistic admissions, black and Latino applicants’ average SAT scores were 255 and 246 points lower than the average for their white and Asian counterparts.

That gap seemed largely unaffected by holistic review – in fall 2007, black applicants’ SAT scores were on average 293 points lower than those of white and Asian students, and Latino applicants’ scores came up 249 points short.

I’m not sure that average black SAT scores falling from 255 to 293 points below the white/Asian average means they were “largely unaffected” by the move to “holistic review,” but perhaps, thanks to the Pacific Legal Foundation, now we can find out.
In an effort to determine whether UCLA is obeying the state Constitution’s ban on race- and sex-based discrimination and preferences in undergraduate admissions, Pacific Legal Foundation today submitted a California Public Records Act request for relevant documents from UCLA’s applications process....

Among the documents sought by PLF’s Public Records Act Request:

• Undergraduate applications, including essays – with all personal identifying information redacted – from applicants to the classes of 2005 through 2008.

• The identities of all applications readers, the scores they gave each application, and documents revealing why they decided to admit or reject each candidate.

• All handbooks and other documents designed to guide application readers.

“UCLA asks for personal essays, which by definition have to be graded somewhat subjectively,” said [PLF Attorney Joshua] Thompson. “We’re asking for these essays – and evidence of how they’re scored and weighted – to make sure that admissions officials aren’t using these subjective evaluations as a way to bias the process in violation of Proposition 209.”

The PLF’s request to UCLA emphasizes that “all personal identifying information may be redacted,” and stated it is “willing and eager to work with UCLA to safeguard individual identities.”

Maybe now we can find out how willing UCLA has been to comply with the prohibition against preferential treatment.

ADDENDUM

If you know of any students who applied to UCLA in 2007 or 2008 and were not admitted, attorneys at the Pacific Legal Foundation would like to speak with them. They should get in touch with:

Sharon Browne, slb@pacificlegal.org, or
Joshua Thompson, jpt@pacificlegal.org
Pacific Legal Foundation
3900 Lennane Drive, Suite 200
Sacramento, CA 95834
(916) 419-7111
Fax: (916) 419-7747

October 27, 2008

Scion Of The Times: Elect Obama, Get Two Two-Fers ... Or Maybe An Asian “Compromise”

According to this article in Sunday’s The Hill newspaper, the leading candidates to replace Barack Obama and Joe Biden in the Senate, should they be elected president and vice president, are Jessie Jackson’s son, Rep. Jesse Jackson, Jr., and Joe Biden’s son, Beau Biden. Both fathers are said to be eager to have their sons inherit their seats.

Jackson’s case is strengthened by the fact that Obama is the only African-American member of the Senate. Presumably, Obama would like to see at least one African-American representative in the chamber.
Really? Don’t Senators represent states, not races? And doesn’t future president Obama present himself as post-racial? Isn’t he on record (quoted here) saying “There is not a black America and a white America and Latino America and Asian America — there’s the United States of America”?

Never mind, since he’s also on record defending the practice of providing preferential treatment to some Americans based on their race. Or maybe Illinois (or at least the Democratic Party in Illinois), unlike the United States of America whose unity Obama praises when it suits him, maintains a vestigial political culture still made up of clearly defined racial and ethnic tribes.

That certainly seems to be the case, for The Hill reports that

it’s not a slam-dunk for Jackson. [Governor] Blagojevich must pick a candidate who can hold the seat in 2010, when the temporary two-year appointment would expire.

Some Democratic strategists question whether Jackson can win statewide.

Rep. Jan Schakowsky, who’s white and is very close to organized labor, has made it clear that she also would like to move into Obama’s Senate seat.
Democrats in Schakowsky’s camp argue that she would run more successfully in Southern Illinois and tout her strong ties to the labor community. They also tout her energy and record of accomplishment in Congress. She is one of Speaker Nancy Pelosi’s (D-Calif.) closer friends.
But Gov. Blagojevich’s choice is not, as it were, black and white, since there is a third choice (a candidate that, in other contexts, might be described as a dark horse).
Blagojevich may go outside the Illinois House delegation. One possible candidate would be Tammy Duckworth, director of the Illinois Department of Veterans’ Affairs. Duckworth, who is Asian-American, could serve as a compromise candidate on the race question.
Racialism has really run amuck when a reporter can write, with an apparently straight face, that an Asian-American is “a compromise candidate on the race question.”

If racialism remains that pervasive, we are all compromised beyond redemption.

October 26, 2008

The Obama Question

Steve Chapman, the Chicago Tribune columnist, attended a large Obama rally in Indiana seeking an answer to the “puzzle” of how

a youngish first-term senator with so many disadvantages — a slight resume, a foreign-sounding name, an exotic background, a professorial manner, a thoroughly liberal voting record, and a skin color unlike any previous president — has come so far, and even leads in national polls with less than two weeks to go?
And he found it. The answer, according to Chapman, is that Obama has returned to the theme that made him so popular in so many circles (even unlikely ones, such as here) when he burst onto the national scene with his “One America” speech at the 2004 Democratic convention.

Much of Obama’s address in Indiana, Chapman writes, consisted of warmed over campaign boilerplate, but ...

But wait long enough, and you hear the indispensable passage, the one that transcends everything else he says. “There are no real and fake parts of this country,” Obama declares. “We are not separated by the pro-America and anti-America parts of this nation — we all love this country, no matter where we live or where we come from.” America’s veterans, he says, “have fought together and bled together and some died together under the same proud flag. They have not served a Red America or a Blue America — they have served the United States of America.”

From the moment he vaulted into national consciousness with his inspiring speech at the 2004 Democratic National Convention, this theme has lain at the heart of his approach and his appeal. “We worship an awesome God in the Blue States, and we don’t like federal agents poking around in our libraries in the Red States,” he reminded us then. “We coach Little League in the Blue States and yes, we’ve got some gay friends in the Red States.”

Then Chapman, like so many pundits and normally skeptical journalists in the mainstream media, academics, liberals, and not a few conservatives, swoons, spellbound and mesmerized by the Obamessiah’s “message of fundamental unity and good will....”

This explanation implies (or more) that those of us who have failed to get this message are either active or passive purveyors of hate, or at best that we have been duped by the “strategy of fear and division” spewing from the atavistic, nativist, racist Right, a strategy that is failing, Chapman writes, primarily because “Obama is not very scary and because the things that bind us together really are more powerful than the ones that push us apart.”

Baloney. With all due respect, I think Chapman has completely missed the real division in America. We doubters (or heathen, if you prefer) find Obama’s lack of experience, his record of extreme and unalloyed partisanship, and his history of friendship and assciation with a whole host of unsavory characters — all of whom would have dumped him in a second if he had uttered these patriotic homilies during his pre-campaign career — “scary.” We are afraid that his revolting friends say more about who he is than his current, reassuring words. Words unsupported by past history or current action are, we believe, “just words.” In short, we are not persuaded that Saint Barack believes his own homilies, in part because when he’s not on the pulpit platform he divisively describes many of us as “bitter” and “clinging” and racist (“antipathy to people who aren’t like them,” in his professorial phrase).

Thus the real division in this campaign, what divides the believers from the non-believers in Saint Barack, is not the message; it is the messenger.

October 24, 2008

Why Virginia May Be Turning Blue

If Virginia turns blue, at least part of the reason may be what Hans Bader reports:

In Virginia’s liberal Fairfax County, officials are illegally discarding absentee ballots cast by members of the military based on a technical requirement that is preempted by federal law. Meanwhile, people who live out-of-state are being allowed to vote (some people have boasted of being registered to vote, and voting, both in Virginia and another state) in Virginia elections, contrary to state law, based on instructions from liberal state voting officials and false claims by liberal advocacy groups.
Read the whole things, since the above is just the tip of the iceberg.

Why Should Fulbright Scholars Be “Diverse”?

The U.S. Department of State, according to this recent article in the Chronicle of Higher Education, “has been concerned in recent years about the lack of diversity among American applicants.”

This year, for example, only seven of the nearly 760 American scholars come from community colleges, and only 10.6 percent of American students who received Fulbrights are black or Hispanic.

“We’re keenly interested in making sure that the Fulbright looks like the United States,” says Thomas A. Farrell, deputy assistant secretary for academic programs at the State Department’s Bureau of Educational and Cultural Affairs....

Why? Why, that is, should Fulbright Scholars “look like” the United States? Why not, say, “think like” or “worship like” or “vote like”? Why is “diversity” always only skin deep?

In any event why is it felt to be necessary for U.S. Fulbright Scholars to be “diverse”? The only rationale for “diversity” that has passed legal muster is the contribution it is thought to make to the quality of education in higher education institutions. Not to put too fine a point on it, that means, as I’ve argued a number of times, such as here, that the purpose of, and justification for, “diversity” is “to provide a benefit to all the non-minority students, whose education required their being exposed to a certain number of the preferred minorities.” And here:

As I’ve pointed out before on more than one occasion, what Michigan did, and would still do if the citizens of Michigan hadn’t put a stop to it, is deny admission to a bunch of whites and Asians who would have been admitted under a race-neutral, colorblind policy so that other, more fortunate whites and Asians could be exposed to the “diversity” offered by the preferentially admitted minorities who would not have been admitted under that race-neutral, colorblind policy.
But how does this rationale apply to the Fulbright program? To whom do the “diverse” Fulbright scholars provide “diversity”? Not to other Fulbright scholars, but to students and faculty in one of the 140 countries or so where our Fulbrights are sent. Indeed, insofar as the Fulbright program insists on providing “diversity,” shouldn’t it institute a policy barring American blacks and Hispancis from being sent to predominantly black or Hispanic countries or institutions?

There is another not small problem with using public money in any program attempting to make itself “look like” America: the courts have not looked kindly on them. Perhaps the most eloquent statement of this judicial disapproval came from Justice Lews Powell in Bakke (thanks to Roger Clegg for the reminder):

If petitioner's purpose is to assure within its student body some specified percentage of a particular group merely because of its race or ethnic origin, such a preferential purpose must be rejected not as insubstantial but as facially invalid. Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids. E. g., Loving v. Virginia, supra, at 11; McLaughlin v. Florida, supra, at 196; Brown v. Board of Education, 347 U.S. 483 (1954).
There are, of course, many subsequent examples. Even in Grutter, Hans Bader reminds me, Justice O’Connor affirmed that “outright racial balancing” is “patently unconstitutional,” citing not only Bakke but Freeman v. Pitts, 503 U. S. 467, 494 (1992) (“Racial balance is not to be achieved for its own sake”).

Designing any program to make its members “look like the United States” is both outright racial balancing and racial balancing for its own sake.

October 22, 2008

Fat Cat Democrats

If McCain, like Obama, had broken his promise and opted to avoid the public campaign financing that he foisted upon us and had raised a fraction of the cash Obama has raised, there would be loud chorus of “Obscene!” emanating from the mainstream press.

At least the Washington Post reports today that the picture of Obama’s campaign as being driven by small donors is largely a myth. In “Big Donors Drive Obama’s Money Edge,” the Post notes that

Lost in the attention given to Obama's Internet surge is that only a quarter of the $600 million he has raised has come from donors who made contributions of $200 or less, according to a review of his FEC reports. That is actually slightly less, as a percentage, than President Bush raised in small donations during his 2004 race, although Obama has pulled from a far larger number of donors....

Speaking In Code

Ever since the United States divided into Red and Blue states, it has been common to observe that increasingly Democrats and Republicans, Liberals and Conservatives, are more like tribes belonging to different cultures than simple partisan or ideological groupings.

This election has revealed, however, that we also are beginning to speak different languages. In the new, emerging liberal lexicon, for example, “inexperienced” has become a new racist code word for “uppity,” as have other terms, such as “celebrity” or “rock star.”

The latest example of this downwardly spiraling idiocy comes from one Lewis Diuguid, a Kansas City Star editorial columnist, who pronounces “Shame on McCain and Palin for using an old code word for black” (HatTip: Drudge).

And what is that “old code word for black”? “Socialist.”

Silly me: I always thought socialists were red.

To prove his point, Diuguid gives four examples of black leaders who were called “socialist” at one time or another: Martin Luther King Jr., W.E.B. Du Bois, Paul Robeson, and A. Phillip Randolph. Apparently Diuguid is unaware that three of the four (all except King) actually were socialists of one variety or another.

Any discussion of the emerging liberal lexicon would be incomplete without reference to Ambrose Bierce’s classic, early 20th Century The Devil’s Dictionary. If you’re not familiar with it, or even if you are, take a look at its entries here. One of my favorites:

CONSERVATIVE, n.
A statesman who is enamored of existing evils, as distinguished from the Liberal, who wishes to replace them with others.
In that spirit, let me suggest some entries for the new Liberal Lexicon that someone will surely publish shortly:
QUOTA, n.
The reservation of a specific number of positions for applicants from approved racial and ethnic groups, as distinguished from AFFIRMATIVE ACTION, a policy whose purpose and effect is to fill the same number of positions with applicants from approved racial and ethnic groups by giving them preferences based on their race or ethnicity.

PLAYING THE RACE CARD, v.
Low, base, racist tactic of calling attention to the race of a political candidate in order to elicit a) animosity, if played against one’s opponent, or b) sympathy, if dealt to one’s self or one’s favored candidate, a maneuver that pre-emptively employs this low, base, racist tactic to accuse one’s opponent of planning to engage in low, base, racist tactics.

October 20, 2008

Will The Real Obama Please Stand Up? (Is There A Real Obama?)

Mickey Kaus recently wrote:

If (like me) you want to feel better about Barack Obama, try reading conservative Bradford Berenson's Frontline comments on Obama's performance at the Harvard Law Review.
Berenson was a conservative member of the Review, and his comments portrayed Obama as “an honest broker,” as someone who did “not let ideology or politics blind him to the enduring institutional interests of the Review.”

If (like me) you fear that this view of Obama is pollyanna-ish wishful thinking, try reading (or better yet, re-reading) Stanley Kurtz’s masterful portrayal of Obama’s years in the Illinois legislature, a tenure that, like the content of his service on the Woods Foundation and Chicago Annenberg Challenge, has been virtually ignored by the mainstream press. What a study of that tenure reveals, Kurtz writes, “is a Barack Obama sharply at variance with the image of the post-racial, post-ideological, bipartisan, culture-war-shunning politician familiar from current media coverage and purveyed by the Obama campaign.”

In addition to his well-publicized 130 “present” votes, Obama:

  • supported racial set asides and actual racial quotas;

  • led an effort to restore racial quotas in construction after they had been outlawed by a 2004 federal court decision;

  • “expressed[d] anger that black state senators have failed to unite for the purpose of placing a newly approved riverboat casino in a minority neighborhood.” One of those who failed to fall in line behind Obama was black state senator Mary Flowers, who objected to Obama’s position by stating:
    the Black Caucus is from different tribes, different walks of life. I don’t expect all of the whites to vote alike.  .  .  .  Why is it that all of us should walk alike, talk alike and vote alike?  .  .  .  I was chosen by my constituents to represent them, and that is what I try to do.
    As Kurtz observed, with considerable restraint:
    Given Obama’s supposedly post-racial politics, it is notable that he should be the one demanding enforcement of a black political agenda against “lone agents,” while another black legislator appeals to Obama to leave her free to represent her constituents, black or white, as she sees fit.
  • led the effort to preserve as many black seats as possible after the 2000 census revealed an increase in Hispanic and Asian population and a decrease in the black population, opposing any effort to expand Hispanic representatin “by taking African American seats”;

  • consciously constructed his election strategies “on a foundation of leftist ideology and racial bloc voting” (as Obama put it, “an energized African-American voter base and effective coalition-building with other progressive sectors of the population”);

  • wrote what the New York Times called a “rave review” of a book by William Ayers that, among other things, said “he’d like to see the prison system itself essentially demolished,” comparing the American prison system to South Africa’s mass detention of young blacks”;

  • campaigned himself against “the industrial prison complex”;

  • in 1998 “was one of only three Illinois state senators to vote against a proposal making it a criminal offense for convicts on probation or on bail to have contact with a street gang”;

  • in support of a bill against racial profiling, argued that statistical disparities in arrests were proof of racism and discrimination by the police.
Note that Kurtz’s summary here of Obama’s legislative record in Springfield omits his now-documented blocking of legislation that would have required doctors to provide medical treatment to babies who survived unsuccessful abortions, even though identical legislation had passed the U.S. Senate without opposition.

Kurtz’s conclusion:

The real Obama? You see him in those charts. Fundamentally, he is a big-government redistributionist who wants above all to aid the poor, particularly the African-American poor. Obama is eager to do so both through race-specific programs and through broad-based social-welfare legislation. “Living wage” legislation may be economically counterproductive, and Obama-backed housing experiments may have ended disastrously, yet Obama is committed to large-scale government solutions to the problem of poverty. Obama’s early campaigns are filled with declarations of his sense of mission-a mission rooted in his community organizing days and manifest in his early legislative battles. Recent political back flips notwithstanding, Barack Obama does have an ideological core, and it’s no mystery at all to any faithful reader of the Chicago Defender or the Hyde Park Herald.
On second thought, if (like Mickey Kaus) “you want to feel better about Barack Obama,” then by all means don’t read Kurtz’s article, or his article that appeared this morning listing a whole host of new ties between ACORN and the leftist New Party (essentially ACORN’s political arm for a while).

October 18, 2008

Lack Of Diversity In Newsrooms

To be sure, racial and ethnic minorities and women tend to be well-represented in newsrooms, but look at the large, prominent portion of the population that is not there. (HatTip to InstaPundit)

October 17, 2008

Obama Set “To Change The World”

With the modesty and self-deprecating humor for which he has become known, Barack Obama told a crowd of adoring acolytes in New Hampshire today that “we're going to change the country and change the world.”

Perhaps as evidence of Obama’s trans-national vision and ambition, the national anthem and pledge of allegiance were scratched from the rally’s program. (HatTip to Drudge)

Alabama: More Voters Than Voting Age Residents In Six Counties

From the front page of today’s Birmingham News:

MONTGOMERY - Six Alabama counties have more people on their voting rolls than they do people of voting age, according to voter registration numbers and U.S. Census Bureau estimates.

The curious statistic could be the result of a surge in new registrations added to voter rolls that have not been purged of people who moved, said local election officials. But the state’s top elections chief said Thursday she’s concerned that bloated rolls could leave opportunity for Election Day fraud....

Really? More voters than legal age residents could lead to fraud? Who’d a thunk...?
The highest percentages were in Greene and Perry counties. Both had more people on the voting rolls than voting-age residents, even when only the active voter list was taken into account, and not the inactive list. Under state law, people who don’t vote for four years are moved to an inactive voter list. Inactive voters are removed from the rolls if they don’t vote in two consecutive federal elections and don’t respond to attempts to contact them by mail.

Greene County had 7,540 voters on its rolls in September, according to registration figures from Chapman’s office. But the county has only 6,834 adults 18 and older, according to 2007 estimates from the Census Bureau.

Perry County had 8,517 voters on its rolls in September. The county has 7,635 adults 18 and older, according to 2007 estimates from the Census Bureau.

Perry County Board of Registrars Chairwoman Lucy Kynard said she wasn’t sure why registration would outpace the population estimate. Kynard said the rolls are updated regularly, such as removing voters who have died or registered elsewhere.

The county has had a surge in registrations for both the presidential race and a hotly contested mayoral race. Earlier this year, the district attorney in Perry County asked the FBI to investigate an unusually high turnout and absentee voting in the June primary....

Lowndes County had 10,259 voters on its rolls in September. But the county has 9,401 adults 18 and older, according to 2007 estimates. However, of the registered voters in Lowndes County, more than 100 are listed as inactive.

But not to worry; the Alabama Secretary of State is on top of the situation.
“I can’t say it’s impossible that 100 percent of adults in five or six counties are registered to vote. But it is improbable,” Secretary of State Beth Chapman said.
That’s astute of her, but what of these counties where more than 100% of the adult residents are registered? Maybe in Alabama that, too, is only “improbable.” (I grew up there, and hence can verify that very little chicanery is totally impossible.)

ACORN And Other Democratic Nuts

In response to the growing criticism of ACORN and its policy of hiring people who submit what appear to be thousands of fraudulent voter registrations, the Dems have hauled out their quadrennial perennial: that opposition to voting fraud is itself voting fraud.

If you haven’t followed these arguments you may think I exaggerate, or that only, well, nuts (ACORNS and others) could make such an argument. Alas, you’d be wrong ... unless you regard legions of mainstream Democrats and vaunted commentators as nuts. (Oh, wait....) A good — no, great — example is brand new organization (or at least web site with a mailing list), NoVoterLeftBehind.Net, formed August 29, 2008, as an offshoot of Democrats For America’s Future, a Democratic advocacy group whose board contains an impressive collection of big shot Democrats: Don Fowler, former chairman of the Democratic National Committee; David Wilhelm, another former chairman of the Democratic National Committee; Carol Mosely Braun, who formerly warmed the Senate seat occupied (on those few days he wasn’t campaigning) recently by Barack Obama; James Carville, Robert Reich, and Kathleen Kennedy Townsend.

If you think I exaggerate above, take a look at the statement recently issued by Kennedy Townsend for this august group of blue-ribbon Democrats, which begins as follows:

KENNEDY TOWNSEND: ACORN SMEAR IS EFFORT TO COVER UP MASSIVE GOP PUSH TO UNDERMINE 2008 ELECTIONS THROUGH COAST-TO-COAST VOTE SUPPRESSION

Democrats Urged to Volunteer, Contribute to NoVoterLeftBehind.net to Fight Republican Attempt to Bar “Many Tens of Thousands” of Voters From Exercising Their Right to Vote.

WASHINGTON, D.C.///October 15, 2008///The ongoing Republican attack on the lawful voter registration efforts of ACORN is a “desperate smokescreen maneuver” masking an extensive coast-to-coast GOP push to disenfranchise hundreds of thousands of voters through a wide range of vote suppression tactics, according to Kathleen Kennedy Townsend, former lieutenant governor of the state of Maryland and a member of the board of advisors of NoVoterLeftBehind.net (http://www.NoVoterLeftBehind.net).
I’m now aware of any Republican attacks any “lawful voter registration efforts,” but Kennedy Townsend obviously knows better. She continued:
The attack on the voter registration efforts of ACORN may go down in the record books as the ultimate case of the ‘dirty’ pot calling the ‘clean’ kettle black. ACORN is being savaged for doing its duty to openly self-report all cases where there may be any kind of issue with specific voter registration forms. By contrast, the GOP is skulking around out of the public eye across the nation in a sub rosa attempt to use a host of outrageous and desperate vote suppression tactics to steal the election.”

For every potentially problematic ACORN voter registration form that will never result in anyone casting an illegitimate vote, there are literally hundreds of voters who the GOP will go to any lengths to keep out of the voting booth. This attack on ACORN is a sad and deeply cynical tactic coming from a party that seems to have concluded that they can’t win the election on their own, so they have to prevent the other side from voting.

I’m sure the more astute among you will not be fooled by what Kennedy Townsend is doing here. On the surface she appears to be saying that opposing a massive, nationwide effort at fraudulent voter registration is really “outrageous and desperate vote suppression,” but much deeper, at the “sub-text” level where liberals go to decipher the true intention of conservatives, Republicans, and other lowlifes, it’s clear that what she’s really saying is that Republicans are racist — they are “the ‘dirty’ pot calling the ‘clean’ kettle black” [emphasis added].

In the view of these Democratic worthies, Republicans are not merely racists but criminals.

In his appeal to Democrats launching NoVoterLeftBehind.net, Robert F. Kennedy, Jr. writes: “No more 2000s and 2004s! … The Republican Party mounted a coordinated, criminal campaign to steal the 2004 Presidential election -- and it worked....”
The overheated hyperbole of these hyper-Dems is hard to take seriously. It’s of a piece with John Lewis equating McCain and Palin with George Wallace and the Birmingham church bombers. In fact, it even calls to mind the Lithwickian excesses of SLATE’s Dahlia Lithwick, most recently encountered here (with links to earlier excesses) temporarily accepting an argument those of her persuasion usually denounce (except, as here, where it’s useful to them), i.e., that racial and gender preferences stigmatize their recipients.

Actally, not only is the screamingly extreme argument of the Democrats reminiscent of Ms. Lithwick’s rhetorical excesses, it actually is her argument, which she has just made for herself here. The Republicans, she says in one of the catchy titles that are usually the best part of her articles, are “Nuts About Acorn.” “BELIEVING IN VOTE FRAUD,” she says in the catchy subtitle to the catchy title, “MAY BE DANGERSOUS TO A DEMOCRACY’S HEALTH.”

Discussing what she cutely calls ACORN’s “voter-registration shenanigans,” Ms. Lithwick writes:

There’s no denying that the organization’s system of paying workers $8 an hour to gather voter registrations creates screwy incentives....That’s why ACORN is either obligated by law or opts voluntarily to turn over all its voter-registration cards suggesting that Mickey Mouse, Donald Duck, and the entire starting lineup of the Dallas Cowboys just registered to vote in Nevada. That GOP elections officials started screaming “gotcha” when those registrations were turned in is the real fraud here....
Thus Lithwick, like Kennedy Townsend, repeats the argument that ACORN is actually to be commended for turning in so many fraudulent forms. Here’s an organization that pays people to sit in libraries filling out fraudulent voter registration forms by copying names out of phone directories, paying people to register multiple times, etc., and then pats itself on the back — and is patted by the likes of Lithwick and Kennedy Townsend — for complying with legal and ethical requirements “to turn over all its registration cards”! This is chutzpah worthy of, well, Lithwick herself.

The defense that flows naturally from this “it’s not a sow’s ear; it’s a silk purse” defense is that the problem is not ACORN itself but a few bad apples it hires. Don’t believe it. Prosecutors don’t, and when push comes to shove ACORN proves it doesn’t either. As just one example, consider “the biggest voter-registration fraud in [Washington] state history,” from last July.

King and Pierce County prosecutors filed felony charges today against seven people who allegedly committed the biggest voter-registration fraud in state history....

In addition to filing criminal charges, Satterberg said state and local officials had signed a five-year agreement with ACORN that requires the organization to beef up its training and procedures for detecting and reporting fraud.

ACORN agreed to pay King County $25,000 for its investigative costs and acknowledged that the national organization could be subject to criminal prosecution if fraud occurs again.

Well, ladies and gentlemen, fraud has been occurring again. And again....

October 16, 2008

More Obamanaut Lessons In Civil Liberties

Back in the McCarthite days when “guilt by association” was real — unlike now, when it is a partisan slur hurled at Republicans who dare to question Obama’s choices of friends, associates, mentors — the practice by which the guilty party’s associations were exposed was universally known as naming names.

Today, one of the left’s more humorous forms of attacking those who “name names” is to denounce Obama critics who insist on naming his middle name, Hussein. As far as I know, no one associated with the McCain campaign has dared to speak the name “Hussein,” and McCain even admonished one of his supporters who did:

CINCINNATI, Ohio—A conservative radio talk show host who helped introduce Senator John McCain before a rally here Tuesday used Senator Barack Obama’s middle name, Hussein, three times, while disparaging him, prompting Mr. McCain to apologize and repudiate the comments afterward.
We’ve already seen (here) how risky it can be for a radio or television station to air an ad that the Obamanauts don’t like (it can invite a demand for a federal investigation), in this case an ad that discussed his Ayers connections. As Ben Smith of Politico explained,
Obama’s campaign has written the Department of Justice demanding a criminal investigation of the “American Issues Project,” the vehicle through which Dallas investor Harold Simmons is financing the advertisements. The Obama campaign — and tens of thousands of supporters — also is pressuring television networks and affiliates to reject the ads. The effort has met with some success: CNN and Fox News are not airing the attacks.
It’s one thing for candidate Obama to request the Justice Department to conduct a criminal investigation of those who sponsor ads he doesn’t like. It’ll be quite something else if President Obama can instruct his Justice Department to conduct such investigations.

But that was only one case. There are others, such as threatened action against stations regarding an NRA ad criticizing Obama’s record on guns:

The Obama campaign sent cease and desist letters to news outlets in Pennsylvania and Ohio, denouncing the ads and demanding their removal from the airwaves.
Now, as a result of last night’s debate, we can see that it’s also risky even for lone individuals to say things in public the Obamanauts dislike. I’m referring, of course, to Joe The Plumber, whom the Obama forces have now “exposed” as unlicensed (the quotes, because as an employee he doesn’t need a license), have published his home address on the Daily Kos, and, in the weirdest example of objecting to Republican naming middle names, have now revealed (gasp!) that Joe The Plumber is really Sam The Plumber (Joseph is his middle name)! (HatTip to Tom Ellis)

At least the Dems and their fellow travelers in the media (guilt by association is a two-way street) are consistent: they become apoplectic when Republicans use someone’s middle name.

Frenzied Raceocrats

I have written a number of times about the absurd lengths, or depths, Democrats, liberals, journalists, editorial writers (but I repeat myself) will go to in order to find racism in the Republican campaign. I believe many of these examples will live on, after this campaign is over, in the annals of political derangement, or perhaps collections of unintended political humor.

Thus David Gergen, former confidential advisor to just about everybody and the very icon of establishment rectitude who often sounds like a schoolmarm correcting the rubes for their uncouth attitudes, actually argued with a straight face (but then his face is always straight) that criticizing Obama for his lack of experience, his lack of achievement, and his far left notions was in effect calling him “uppity,” which is not-so-coded racism. This “uppity” claim became a ubiquitous trope on the left, i.e., in the mainstream media (such as this OpEd in the Los Angeles Times). As I pointed out here,

So, for Republicans to criticize Obama as “elitist” is really accusing him of being “arrogant,” and that in turn is really nothing more than the old racist slur of calling him “uppity.” This view strikes me as so bizarre that I would say the nation’s media elite has race on the brain ... if I thought it had a brain.
In a similar vein of unintended humor, the director of digital media at National Public Radio wrote that McCain ads poking fun at Obama as an empty-suited celebrity were “subliminally racist” because they contained comparisons to Paris Hilton, thus “subtly playing on racist impulses that fear black men with white women, or that preyed on the idea that black men succeed only in celebrity arenas like sports and music....”

More recently Sarah Palin has been widely and loudly denounced as a racist for pointing out that Obama has maintained a long-standing friendship (has been “palling around,” is how she put it) with a white former but unrepentant terrorist. And Congressman Barney Frank, of Fannie Mae fame, through his supersized analytical abilities has been able to determine that Republican criticism of the role the Community Reinvestment Act played in bringing on the current financial crisis (by requiring banks to lend to unqualified borrowers) was no more than “a veiled attack on the poor that’s racially motivated.” This charge, of course, is simply another example of the frequent Democratic litany that Republican efforts (there are efforts, aren’t there?) to oppose ACORN’s fraudulent registration of thousands of “voters” (or maybe its tens or hundreds of thousands) is an effort to suppress the vote by intimidating upstanding, legitimate voters.

In the past week or so, however, the thundering herd of independent minds making these risible charges has become even more frenetic, becoming, it seems to me, almost clinically deranged, delusional, as I called one recent example. Thus E.J. Dionne has McCain leading “the reemergence of the far right as a power in American politics,” his campaign “playing with extremist themes to denigrate Obama.” (Dionne better be careful and choose his words more wisely, or the Obama campaign and its journalistic minions may turn on him with the accusation that “denigrate” is really a coded, sub-textual racist slur.)

McCain and his campaign do not pick up the most extreme charges. They just fan the flames by suggesting that voters don't really know who Obama is, hinting at a sinister back story without filling in the details.
Apparently Dionne does know who Obama really is, though he hasn’t told us.

Dionne’s belief that concern about a potential (and now likely) president’s associates, friends, mentors is no more than a racist version of McCarthyite “guilt by association” also found expression in a recent Time column by Peter Beinart (last encountered making an “egregiously dumb” argument here). To Beinart, when Palin describes Obama as palling around with terrorists and says of him that “I am just so fearful that this is not a man who sees America the way that you and I see America,” she is — you guessed it — “injecting race” into the campaign.

In 2008, with their incessant talk about who loves their country and who doesn't, McCain and Palin are doing something different: they're using race to make Obama seem anti-American.
Exactly how they’re “using race” to criticize Obama’s associates views and associates is never explained. One can be forgiven for thinking that just about any criticism of a black candidate’s position on anything is impermissibly “using race.”

By far the most offensive of these recent accusations of Republican racism came, however, from perhaps the only widely recognized saints in American politics, the civil rights veteran and Georgia Congressman John Lewis. Or I should say, someone who was formerly widely recognized as a saint, for Lewis’s recent comment has permanently tarnished his halo and soiled the angelic white robes in which an adoring press (and not only the press, as demonstrated here) always clothes him. The Wall Street Journal nicely captured Lewis’s descent into the depths of race-baiting:

By raising questions about Barack Obama’s relationship with terror-bomber William Ayers, the Republicans are “sowing the seeds of hatred and division,” Mr. Lewis said. “During another period, in the not-too-distant past, there was a governor of a state of Alabama named George Wallace who also became a presidential candidate. George Wallace never threw a bomb. He never fired a gun, but he created the climate and conditions that encouraged vicious attacks against innocent Americans who were simply trying to exercise their Constitutional rights. Because of this atmosphere of hate, four little girls were killed on Sunday morning when a church was bombed in Birmingham, Alabama.”

Mr. Lewis’s over-the-top analogy is nastier by far than anything the GOP nominees have said during this campaign. In any case, Mr. Ayers is white....

I can’t say I knew George Wallace (though I knew some of his cousins), but I did see him up close, as did John Lewis. To compare McCain and Palin with Wallace and say they are creating a climate of violence comparable to the one that resulted in Birmingham church bombing is not just ridiculous; it’s nothing short of despicable.

Now that Lewis has discarded his halo for vitriolic partisanship, other examples have begun to surface. Thus Red State reports an example from 2006 where Lewis drew upon his iconic status to bash racist Republicans:

In 2006, John Lewis cooperated with a radio ad for John Eaves, the present Chairman of the Fulton County Commission in Georgia. The ad played on black radio stations. In it, Lewis said this:
On Nov. 7, we face the most dangerous situation we ever have. You think fighting off dogs and water hoses in the ’60s was bad. [Now we] sit idly by, and let the right-wing Republicans take control of the Fulton County County Commission.
This was followed with Atlanta’s current mayor Shirley Franklin claiming the efforts of Martin Luther King, Jr. might be undone and of former Atlanta mayor Andrew Young saying they couldn’t afford to turn the clock back.

Lewis, though, got the last word, saying:

Your very life may depend on it.
The message is clear: Vote Republican and you go back to slavery.
Moving now from a (formerly) secular saint to a Catholic priest, Andrew Greeley is even less subtle than Lewis, describing Sarah Palin as, like Nellie Forbush in South Pacific, “an All-American girl as racist, this time a racist with her eye on the White House.” Greeley, with the impressive ability to peer into the hearts and souls of ordinary Americans that fortunately is so widely shared among liberal pundits, tells us that when people say they don’t know enough about Obama to make a decision about him (“as if there were not two books about his life”!), what they are really saying is
that they don‘t know enough about him to accept his strange name or his skin color. It is, of course, impossible that they could ever know enough. He isn’t one of us.
At this point Greeley slides, still with no evidence, from what he knows doubting Americans really believe to what the McCain campaign is purposefully and knowingly doing:
Playing the race card explicitly merely guarantees what I have thought from the beginning -- racism in this country precludes the possibility of a sepia-colored man becoming president. However, the last-ditch attack on him guarantees that McCain and Palin will be blamed as the candidates who were content to hear crowds calling for the death of Obama....

McCain increasingly acts like an angry, befuddled cancer survivor and treats his rival like a field n----- who is just barely human. He does not talk to him, will not shake hands with him, will not even look at him, walks behind him when he is speaking to distract the audience....

Crowds calling for the death of Obama? In the same vein Greeley describes McCain as “a shallow man who is running on the basis of his skin color.”

At this point I’m prepared to believe that Greeley really does see visions and hear inner voices speaking to him, but it’s not the voice of God. Greeley sounds like a Rev. Jeremiah Wright who decides to abandon tact and say what he really believes.

Some questions these guys ask, however, can be easily answered. When Palin brought up Obama’s relationship with Ayers, accusing him of “palling around with terrorists,” E.J. Dionne asks, “What other “terrorists” was she thinking about?”

Easy. Bernadine Dohrn.

ADDENDUM

Anyone who thinks my warning to Dionne that he may be exposing himself to attack from his politically correct if uninformed allies by using the term “niggardly” was exaggerated obviously doesn’t recall the 1999 case of Washington D.C. mayor’s aide David Howard, mentioned in passing here. Howard was forced to resign after using the word “denigrate” in a conversation, as described in this Washington Post article:

The director of D.C. Mayor Anthony A. Williams’s constituent services office resigned after being accused of using a racial slur, the mayor’s office said yesterday.

David Howard, head of the Office of Public Advocate, said he used the word “niggardly” in a Jan. 15 conversation about funding with two employees.

“I used the word ‘niggardly’ in reference to my administration of a fund,” Howard said in a written statement yesterday. “Although the word, which is defined as miserly, does not have any racial connotations, I realize that staff members present were offended by the word....

Howard said the rumor that he had used a racial slur “has severely compromised my effectiveness as the District’s Public Advocate and in the best interest of my office, I resigned,” effective Monday....


October 15, 2008

Rotten ACORNS

ACORNS were popping all over Ohio today. In the most significant development the full Sixth Circuit Court of Appeals overturned a decision made last week by a three-member panel that itself had overturned a federal district court opinion requiring a reluctant (Democratic) Ohio Secretary of State, Jennifer Brunner, to verify the identity of newly registered voters.

The result: Secretary of State Jennifer Brunner must create computer programs to cross check all new voter registrations so that county boards of elections can doublecheck new registrants.

The Secretary of State will now have to verify new registrations by comparing information on them with data from the Ohio Bureau of Motor Vehicles or the Social Security Administration.

“As far as we can tell, the problem with the current system (of cross-checking) is not that it is insufficiently user-friendly, but that it is effectively useless,” wrote Judge Jeffrey Sutton, writing for the majority.

But there was more:
• In Lebanon, a lawsuit was filed against ACORN by a conservative research group, claiming votes are being diluted by fake or duplicate registrations. The suit filed by two Warren County residents seeks to dissolve ACORN under the Corrupt Activity Act.

• In Columbus, Mike Crites, a former U.S. Attorney and Republican candidate for Ohio attorney general, said ACORN should be investigated under the state or federal racketeering statutes for alleged fraud. “I’ve spent 20 years as a prosecutor so it’s not too hard to spot a bad apple – or in this case, a bad ACORN,” Crites said. If elected Nov. 4, Crites said his first day in office would be spent conferring with county prosecutors in large Ohio cities and Ohio’s federal prosecutors to begin gathering evidence of possible election fraud by ACORN and others.

• The Hamilton County Board of Elections is checking whether ACORN fraudulently submitted multiple voter registrations for people who don’t exist; The board has received at least 10,000 duplicate voter registrations this year and possibly thousands of fictitious ones, deputy director John William said earlier. Julie Wilson, a spokeswoman for Hamilton County Prosecutor Joe Deters, said Tuesday she could not comment on cases, but said, “Any violation of Ohio law Joe is going to treat seriously.”

And that’s just Ohio. Meanwhile, on PajamasMedia, Jim Hoft of Gateway Pundit catalogs other complaints against ACORN in Missouri, North Carolina, Ohio (the may who was paid to register 73 times), Nevada, Indiana, Connecticut, Pennsylvania, Florida, Texas, Michigan, and New Mexico.

In Washington, Sen. John Coryn (R, Tex) has sent a letter to the Attorney General arguing that “ACORN and its affiliates should be investigated as a criminal enterprise.”

UPDATE

Here’s another catalog of ACORN investigations, etc. HatTip to Jennifer Rubin of Commentary, who writes:

It is almost inconceivable that Barack Obama should not have been grilled on this –either by his opponent or the media. (The latter is just beginning to cover the story.) Obama’s ties are deep and extensive with an organization that embraces goals and tactics well outside the political mainstream and that has engaged in a pattern of illegal activity usually seen only in RICO indictments. ACORN’s present involvement in coast-to-coast fraud is jaw-dropping and should raise the issue as to whether an Obama Justice Department would vigorously investigate and, if warranted, prosecute this entity and all involved.... Put simply, Obama worked for and helped funnel hundreds of thousands of dollars to a fraud-infested, corrupt organization and has yet to explain himself, let alone apologize for the same.

October 10, 2008

Stigma?

The Chronicle of Higher Education reports on a new survey of students at seven law schools that purports to show that beneficiaries of affirmative action preferences do not feel stigmatized.

The article points out, at least to my satisfaction, that there were too few respondents for the results to be meaningful:

42 percent of students at the four law schools in the study that used affirmative-action preferences in admissions, and 27 percent of students at three law schools that did not....

... only 32 black, 17 Latino, 40 Asian-American, 31 multiracial, and 14 “other race” students, leading to very small sample sizes when the results were divided by school.

There are also other, more severe problems, such as questions such as “"I do not deserve to be a student at my law school because I took the spot of a more deserving student” and “My classmates treat me as though I were admitted solely because of affirmative action.”
Joseph W. Doherty, who directs empirical research for the law school at the University of California at Los Angeles, said in an interview on Tuesday that he believes the survey instrument used in the study was fatally flawed in that it begins by explicitly telling students the study’s purpose “is to conduct research on race-based affirmative action in higher education and its relationship to stigma that may be felt by individual students who identify as a member of underrepresented racial and ethnic minority groups.”

Such language “really just spits in the test tube” by steering students toward certain answers, Mr. Doherty said.

One finding of the survey, presented deadpan in the Chronicle article, actually seems to me to say more than the survey authors hoped:
The survey found strong support among all survey respondents for the idea that diversity enhances education. Students at the schools without affirmative-action preferences were even more likely to believe diversity has benefits than students at schools with such preferences, but they were less likely than students at schools with preferences to believe affirmative action constitutes reverse discrimination against white people or men, or gives preferences to unqualified students.
So, students at schools that employ racial preferences are less likely to believe that “diversity” has benefits and more likely to believe that it constitutes reverse discrimination than students at preference-free schools.

That, of course, is not surprising, since they should know.

UPDATE

Roger Clegg adds (via email):

Isn't another problem with the recent study that it addresses only the less important stigma issue? That is, it talks about the stigma that the beneficiaries of preferences themselves may feel, but not about the stigma that they have in the eyes of others—their classmates, professors, and future employers—all of whom will view them with a big asterisk next to their qualifications. That's the much bigger cost.
Yes.

“American Hero”

Peter Robinson has a very nice, and very much deserved, tribute to Ward Connerly in this week’s Forbes.

Impending Voter Fraud In Virginia

Hans Bader is on the case — see here and here — of growing voter fraud in Virginia, aided and abetted by liberal Democratic Governor Tim Kaine and the ACLU.

It’s not a pretty picture.

UPDATE!

Taxing Questions has been Updated.

Just When You Thought You’d Heard It All ...

... regarding America’s racist white voters and how they’ll never elect a black president, here comes Penn Prof. John L. Jackson, Jr., the Chronicle of Higher Education’s anthroblogogist (as an anthropologist he “spends a lot of time, “he modestly tells us, “listening to people talk about their hopes and dreams, their complicated pasts, and uncharted futures”) to report that the increasing likelihood Obama will be elected is making some blacks “more — not less — cynical about how race operates in contemporary America.”

Really. I promise, I’m not making this up. Jackson continues:

Some black folks are describing the potential inauguration of this country’s first black president (no offense, Bill) as the epitome of America’s traditional version of racial prejudice and scapegoating, not its ultimate repudiation. In other words, they see it as another reason to be skeptical of America’s newfound capacity to elect a person of color to the highest office in the land
His, or “some black folks’,” argument, comes down to this:
As people follow roller-coastering stock prices and feeble attempts at an adequate governmental response, it seems ironic, at least to some, that America appears most likely to pass the executive baton to its first black presidential candidate just as the country teeters on the edge of economic collapse, which (the argument goes) will allow many Americans to blame “the black guy” for all of it, especially if things continue to get worse in 2009. “See what happens when you give a black person a country to run. They turn it into a version of Africa and its failed states.”
So, America is racist if it fails to elect Obama ... and racist if it does.

You’ll have to read Jackson’s article to decide for yourself whether Jackson is nuts, the “some black folks” to whom he attentively listens are nuts, or both. In his defense (and in defense of the Chronicle’s otherwise odd decision to award him a regular platform), I suppose it could be said that the views he expresses tarnish the reputation of anthropological insight only marginally more than those expressed in his other columns that we’ve encountered here, here, here, and here.

October 9, 2008

Arizona And Nebraska

The invaluable Center for Equal Opportunity has recently released studies documenting the degree of preference given to minority applicants to law schools in Arizona and Nebraska. As I’ve written to my friend Roger Clegg, CEO’s president and general counsel, he publishes important reports faster than I can read them.

Defenders of preferential treatment usually begin their defense by denying that they practice it. Thus nearly a year ago I quoted Doug MacEachern, an editorial writer at the Arizona Republic, who predicted that the Arizona Civil Rights Initiative would fail because Arizona is “different” from California, Washington, and Michigan.

... Arizona is different from those states in one key respect. And it's not something that necessarily reflects well on this state: College admissions programs are the primary battleground of the racial-preference wars, and the fact is Arizona colleges are not terribly selective about who gets to attend.
Actually, it failed because thugs from ACORN and other groups succeeded in preventing the gathering of the required number of signatures, but that’s another story.

Back to this story, the degree of racial preference in admissions to the law schools at the University of Arizona, Arizona State University, and the University of Nebraska, Clegg and CEO Chairman Linda Chavez noted (in the press releases accompanying the reports, which can be found on the CEO sites linked above):

CEO chairman Linda Chavez said: “Racial discrimination in university admissions is always appalling. But the degree of discrimination we have found here, at both schools but especially at Arizona State, is off the charts.” She noted that the odds ratio favoring African Americans over whites was 250 to 1 at the University of Arizona and 1115 to 1 at Arizona State. “As a result, nearly a thousand white students during the years we studied were denied admission even though they had higher undergraduate GPAs and LSATs than the average African American student who was admitted--and over a hundred Asian and Latino students were in the same boat with them.”

CEO president Roger Clegg agreed, and stressed that, not only was race weighed, but it was weighed much more heavily that residency status. “For instance, a white Arizonan in 2007 was about eight times less likely to be admitted to the University of Arizona than a black out-of-state applicant, and at Arizona State he would be twelve times less likely to be admitted.”

Arizona, it turns out, is not so “different” after all. And Nebraska is no better. At the University of Nebraska law school, Chavez noted,
the odds ratio favoring African Americans over whites was 442 to 1. She pointed out, “During the two years studied (the entering classes of 2006 and 2007), 389 whites were rejected by the law school despite higher LSATs and undergraduate GPAs than the average black admittee. Racial discrimination in university admissions is always appalling. But the extremely heavy weight given to race by the University of Nebraska College of Law is off the charts.”
At the state-supported law school in Nebraska, as in Arizona, race was also weighted much more heavily than residence. As Clegg noted,
a white resident of Nebraska in 2007 was more than twenty times less likely to be admitted than an African American applicant from out of state.”
I urge you to read both studies, as I intend to do. Meanwhile, as an appetizer, you should take a look at the graphs from them presented on TaxProfBlog. These graphs reveal that for most of the years studied at all three schools the 75th percentile score on the LSAT for entering black students was lower than the 25th percentile score for entering whites.

Also about a year ago I quoted the Dean of the University of Arizona law school, Toni Massaro, who proudly defended her school’s use of race preferences because of the “diversity” the preferentially admitted provided to the non-“diverse” students.

Consider, she suggested, teaching constitutional law to a class which includes a Native American student from a reservation with different cultural and legal traditions.

“It’s a positive value that informs the class discussion,’’ she said.

As I pointed out at the time, one problem here is that diversity, even pigmentary “diversity,” can be provided by means that do not require pervasive racial discrimination in admissions. It could also be achieved, for example, by something as unthreatening to the “without regard” principle as inviting guest speakers to the campus.

Let me conclude now the same way I concluded then (what’s the point of having your own blog if you can’t quote yourself at will?):

Actually, inviting guests to articulate “different cultural and legal traditions” would also have the virtue of lifting from the admissions committees the obligation they no doubt now feel to admit some CEOs to enliven and inform discussions of corporate law, old people for their essential views on trusts and estates, fishermen and ship captains for their angle on law of the sea, a boatload of foreigners from all over to provide international perspectives on international law, and tax cheats and felons for their unique and essential points of view on tax and criminal law

October 8, 2008

Taxing Questions

In defending his proposed tax increase in last night’s debate, Sen. Obama said, as he has said on numerous occasions,

Only a few percent of small businesses make more than $250,000 a year. So the vast majority of small businesses would get a tax cut under my plan.
Let us assume, for the same of argument, that this statement is true. So what? It’s almost totally irrelevant.

What’s relevant is how many of those “individuals” making over $250,000 are not rich fat cats but actually small business owners reporting their income from their businesses on their personal returns. It would also be useful to have a breakdown of these small business owner-individuals by the number of their employees.

Many small businesses are sole proprietorships run almost as a hobby, or a second or third job. But the small businesses that are their owners’ primary source of income, especially the ones that employ others, are the real engine of employment in the economy, and Sen. Obama’s glib evasions mask the fact that his proposed tax increase would place a serious strain on that engine, a governor president limiting its top speed.

UPDATE [10 Oct.]

Several correspondents have suggested that I should have mentioned the Small Business Administration’s definition of small business. They’re right. Obama has said that most small businesses would not be affected by his tax increase, but unless he’s engaging in pure misrepresentation he’s defining small business in a way unknown to the SBA.

October 7, 2008

The Race-On-The Brain Delusional Dems

In my last post I called the Associated Press “delusional” for writing, in what was presented as news “analysis,” that Sarah Palin’s criticism of Obama for palling around with unrepentant former terrorists, both white, was racist.

No, that was not in a Saturday Night Live skit; it was in what was to all intents and purposes a real Associated Press article. Now, showing that Democratic leaders refuse to be beaten in the race to say the most inane things, Fannie/Freddie protector, Chairman Barney Frank, outdoes even the AP by claiming that Republican criticism of his and other Democrat’s blocking Republican-sponsored measures to rein in Fannie and Freddie over the years “is a veiled attack on the poor that's racially motivated.”

The Massachusetts Democrat, chairman of the House Financial Services Committee, said the GOP is appealing to its base by blaming the country’s mortgage foreclosure problem on efforts to expand affordable housing through the Community Reinvestment Act.

He said that blame is misplaced, because those loans are issued by regulated institutions, while far more foreclosures were triggered by high-cost loans made by unregulated entities.

Excuse me, but wasn’t the whole point of the Community Reinvestment Act to force those “regulated institutions” to extend loans to applicants who, in the absence of the CRA, they would have regarded (correctly) as financially unqualified? Wasn’t it Fannie and Freddie, supported and defended by Barney and friends, who enabled those “regulated entities” (and maybe even some of the unregulated ones?) to continue building this house of cards?

But don’t worry. All these mistakes will be fixed once we have a liberal Democratic president, a liberal House, and a Liberal Senate.

October 5, 2008

The Delusional Associated Press

Douglass K. Daniel (henceforth known as “...ass”), a writer and editor in the Washington bureau of The Associated Press, claims that Sarah Palin’s recent criticism of Obama for “palling around” with a couple of white former terrorist radicals “carried a racially tinged subtext that John McCain himself may come to regret.”

So, the AP thinks it’s racist to mention the association of a black presidential candidate with white radicals?

The text, not the “subtext,” of this article is offensively delusional. I hope John McCain does “come to regret” Palin’s criticism — to regret, that is, that his campaign didn’t make an issue out of Obama’s unsavory associations much earlier and much louder.

October 4, 2008

University Of Northern Colorado Opposes Equality

The board of trustees of the University of Northern Colorado opposes treating its applicants and students without regard to their race or ethnicity, voting unanimously to urge defeat of Amendment 46, the Colorado Civil Rights Initiative.

"We really think that the amendment, if passed, would jeopardize the ability of the university and universities across the state to attract and foster diverse student populations,” said Jim Chavez, UNC trustee and director of the Latin American Education Foundation.

UNC offers several scholarships that provide preference to students on the basis of gender and ethnicity. Under the measure, Chavez said, those scholarships would be scrapped.

“It would dramatically affect the financial resources for many, many different student populations,” he said.

The University of Northern Colorado must be one of the few institutions in the country that attracts, funds, and fosters many, many different “populations” of diverse students.

How much money, I wonder, does it take to support these many, many different diverse populations? I also wonder if the taxpayers of Colorado are fully informed about the extent of this expense and whether they think the benefits that accrue to their non-diverse sons and daughters from being exposed to these “diverse student populations” is worth what it costs.

October 3, 2008

Who Won The Debate?

These staged political debates would be so much more interesting if the airwaves weren’t clogged afterwards with legions of self-important pundits telling us what to think about what we just saw. They all remind me of stewardesses who welcome me to wherever after the plane lands — who are they to welcome me, since they arrived the same time I did?

Moreover, most of what passes for post-debate analysis is worse than malarkey; it’s useless nonsense.

Since it’s not clear what the question is, it can’t be clear what the answer is. For starters, the pervasive “who won?” question masks, at a bare minimum, two questions: who do you think won? and who do you think most people think won?

But it’s even worse than that, since no one even agrees on what “won” means. Scored the most debaters’ points? Had the most commanding stage presence? Exceeded expectations? Knew the most? Made the fewest errors? Changed the most minds? Made the fewest really, really dumb comments? (Yes, Joe, I’m talking about you, former chairman of the Judiciary Committee, who said that Article I of the Constitution deals with the executive branch, and you, current chairman of the foreign relations committee, who said the U.S. and France kicked Hezbollah out of Lebanon. After all, you’re the one who insisted that “facts matter.”)

And whatever “won” means, all the above questions have the “for starters” permutation: do you think that’s what “won” means, or do you think that’s what most people think it means?

And finally, do you (and/or do most people) really think it makes any difference who “won”? That is, forget your opinion of most people’s opinions; is it really any more likely than not that you yourself will vote for the person you think “won.” Will most people?

I could go on, but I won’t. As I said all the endless commentary about who “won” is useless nonsense. Especially because it’s clear to all sentient observers that Palin won.

October 2, 2008

Why No “Blue Slip?”

Did the House’s commitment to “blue slip” any revenue or appropriation bill originating in the Senate slip the House’s mind? (That question, assumes, of course, that the House has a mind.)

The “Origination Clause,” Article I, Section 7, of the Constitution grants the House the sole authority to originate revenue legislation, which the House interprets to mean to mean both raising and appropriating revenue. “So,” as C-SPAN explains,

whenever the Senate does initiate appropriations legislation, the House practice is to return it to the Senate with a blue piece of paper attached citing a constitutional infringement of House prerogatives. The practice of returning such bills and amendments to the Senate without action is known as “blue-slipping.”

Without House action, Senate-initiated spending legislation cannot make it into law. So in practice, the Senate rarely attempts to initiate such bills anymore, and if it does, the House is diligent about returning them. Regardless of one’s opinion of the correct interpretation of the Constitutional provision, the House refusal to consider such Senate legislation settles the matter in practice.

Wikipedia is also clear and succinct about this practice:
In Article I, Section 7 of the United States Constitution, the House of Representatives in given the exclusive authority to introduce bills raising revenue by the clause “All bills for raising Revenue shall originate in the House of Representatives.” Under House precedent, this includes bills “raising revenue and appropriating the same” and the House considers itself to be the only proper venue to originate any bills appropriating revenue. (The Senate has historically disagreed with the House, but to no avail.)

When, in the opinion of the House of Representatives, a Senate-introduced bill that raises revenue or appropriates money is passed by the Senate and sent to the House for its consideration, the House places a blue slip on the legislation which notes the House’s constitutional prerogrative and immediately returns it to the Senate without taking further action. This blue-slipping procedure, done by an order of the House, is routinely completed to enforce its interpretation that the House is the sole body to introduce revenue or appropriations legislation. The failure of the House to consider the legislation means it cannot become a law. This tactic has historically proven of great use to the House and, as a practical matter, the Senate does not introduce tax or revenue measures to avoid a blue slip.

Perhaps the Senate is not being “practical” with its Paulson Plus bailout bill? Or perhaps the $700 billion is being regarded as a guarantee rather than an appropriation? In any event it will be interesting to see whether the “Blue Dog” conservative Democrats, especially, and their colleagues will, “as a practical matter,” decide not to “blue slip” the bailout.

October 1, 2008

Double-Standard Journalism Starts Early...

Gawker reports, via Fashionista, about a major journalistic organization

that has been “quietly paying interns — but only if they’re of a ‘minority.’” Commenters immediately called out Hearst, which, what do you know, we called them up and it turns out that like myriad other media organizations recruits local minority interns through a separate internship program with special terms and specifications....
Sounds like a good training ground for a career in the mainstream media....