Anniversary Post: Miranda v Arizona

Ernesto MirandaOn this day in 1966, in a 5-4 decision, the Supreme Court found that the police must tell suspects of their right to remain silent in Miranda v Arizona. It’s a curious case. It means surprisingly little. Most cases do not depend upon the things that the defendant said. In drug possession cases, for example, it is very simple: the officer said he found drugs on or near the defendant and that’s that. It’s easier to get off a murder charge than a drug charge. So Miranda never meant that much, but it was a good sign that for a bright shining moment, the United States stood up for actual rights and not just theoretical ones.

Unfortunately, Miranda came to be seen as an icon of the state’s supposed placing of criminals’ rights above those of the victim. When I was growing up, every one thought that murderers were commonly set free because some police officer didn’t read the Miranda warning to the letter. This, of course, was not the case at all. Consider for a moment the case at hand. Ernesto Miranda was retried without his confession and found guilty.

Of course, since Miranda, the Supreme Court has found all kinds of exceptions for when the police do not have to provide the warning. It really doesn’t matter. The default here in the United States is that the police must have complete power to coerce suspects — even to the point of providing false confessions (which they do all the time). The United States is an authoritarian country because far too many of us are authoritarians.

At this point, Miranda just provides us with a theoretical right. You have the right to remain silent, unless the police do not want you to. You have the right to an attorney, unless the police don’t want you to. An attorney will be provided for you — eventually — if you live in the right kind of state. (As I recall, in Wisconsin, you are said to be able to afford your own attorney if you make more than $3,000 per year.)

Happy anniversary Miranda v Arizona — for all the good it does us.

Pastor Steven Anderson and Christian Hate

Hating Is Not a Crime - Faithful Word Baptist ChurchGraham Greene’s excellent Monsignor Quixote is mostly one big excuse to discuss the overlap between religious and political faith. A one point, Quixote relates a story about a saint from La Mancha who was being raped by a Moor in her kitchen. She had a knife, and the man had nothing. Yet she allowed him to rape her. Sancho responded sarcastically, “She wanted to be raped, I suppose.” And Quixote counters, “No, no, her thought was quite logical. Her virginity was less important than the salvation of the Moor. By killing him at that moment she was robbing him of any chance of salvation. An absurd and yet, when one thinks of it, a beautiful story.”

The point of the story is about God’s love and redemption and all that Christian stuff. I don’t find it compelling, but then I’m not a Christian. Just the same, I find it impressive. And it certainly has theology to back it up. But most Christians in America would have the same reaction to it that the atheist Sancho has, but without the sarcasm, “She wanted to be raped…” But she didn’t. She just took her religion really seriously. It would be asking too much to expect Christians to live by this. But it isn’t asking too much to expect them to understand and appreciate this.

But far too many, I’m afraid, are like Pastor Steven Anderson of the Faithful Word Baptist Church. When faced with Caitlyn Jenner’s Vanity Fair cover, his reaction was that he was looking at a “filthy sodomite.” Okay. I guess that opinion is consistent with the Bible. It’s not exactly clear because I don’t remember anything about dress codes in the Bible. But being against transgenderism has got to be more supported by that Iron Age dogma than being against abortion. And being supremely judgmental is fully within the Christian tradition.

But Anderson went much further than “hating the sin.” He said, “This person is just the evangelist of sodomy and filth to the world, and people are like, ‘Oh, we need to pray for him so that he finds Jesus.’ I’m going to pray that he dies and goes to Hell.” This is exactly the opposite response as we saw from the saint from La Mancha. He also said, “I hate him with a perfect hatred.” According to Raw Story, he said this “as congregants murmured amen.” Truly vile preaching like this does not exist in a vacuum. It exists because it sells.

Anderson and his church have quite a colorful history. In 2009, Anderson announced that he was praying for the death of Barack Obama. And not surprisingly, the Southern Poverty Law Center has designated the church as a hate group. But I haven’t been able to get much of an idea about how big the congregation is. The church’s website has very few picture of the members. But their Facebook page has almost 4,000 likes. And the place where Anderson rants looks like it holds a few hundred people. It sounds like there are as many as a couple hundred people at his most recent sermon. I know that doesn’t sound like that much, but go to a Baptist church in your town next Sunday and I doubt you will see any more than that — and you are likely to see a lot less.

Anderson’s argument in this case is that “turning the other cheek” can only be taken so far. He mentions serial killers. But isn’t the idea that anyone can be saved through God’s love? Looking at the guy, I have a feeling that he isn’t so big on turning the other cheek when it comes to more minor sins. Regardless, I also wonder if he doesn’t have homosexual thoughts. It’s always hard to escape that conclusion when people lose all composure regarding the sex lives of the LGBT community. Of course, Anderson seems to have a more general hatred, so who can say?

One thing is for sure: God’s love does not seem to be flowing out of the Faithful Word Baptist Church. It seems to be one big excuse to justify whatever its pastor hates. If I were a Christian, I would pray that they all find God’s love. But I’m not, so I’ll just write them off as another hate group that uses the Bible to justify themselves.

Wrong in 2006 and Wrong in 2016

Mark J PennIn the past 50 years, independents have grown from one-quarter to one-third of the electorate, according to Gallup polls. In California, the number of independent voters more than doubled between 1991 and 2005. The fastest-growing political party in the United States is no party.

According to the American National Election Studies at the University of Michigan, the number of split-ticket voters in the electorate — meaning people who vote for a Democrat for president and a Republican for Congress, or vice versa — has gone up 42 percent since 1952. That shows a radical new willingness on the part of Americans to look at individual candidates, not party slates. It is a sign of a thinking electorate, not a partisan one.

Mark J Penn
Swing Is Still King At the Polls


H/T: Ed Kilgore

Iceland and the Power of Good Government

IcelandYou may remember the 2010 documentary, Inside Job. It was about the 2008 financial crisis. It was a lot of fun. On the other hand, it gave the wrong idea about the crisis. It made it all about bad bankers. While that was true, if it hadn’t been for the bursting of the housing bubble, it wouldn’t have been that big a deal. But one thing highlighted in the film was very true: Iceland was pounded by the financial crisis — worse than almost any other country. So why is it that we don’t hear much about Iceland anymore? Well, because they weathered the storm far better than pretty much any other country.

Matt Yglesias wrote about how all this came to be, Iceland Put Bankers in Jail Rather Than Bailing Them Out — and It Worked. Iceland managed to make its crisis relatively mild regarding its workers and then improved very quickly. He provided the classic comparison between Iceland and Ireland. The latter country is held up throughout Europe as an exemplar — as though it were the well behaved child in the kindergarten. Iceland is now almost back to its normal pre-crisis unemployment. Ireland — which did everything the plutocrats said was “right” — still have an unemployment rate that is almost six percent points above its pre-crisis level.

So how did Iceland manage this? Well, to be honest, it didn’t really have much to do with jailing bankers. But let’s not cast that off. Jailing bankers really will help prevent another crisis. In Iceland. In the rest of the advanced world, bankers were coddled and so have every reason to do the same thing again. But that whole thing about not bailing out the banks? That was big. Dean Baker has dealt with this issue, The Myth that Sold the Financial Bailout. But the main this is that the power elite who run our government cared about saving the bankers — not the banking system.

One of the ways that Iceland dealt with the fallout from the banking collapse was to use good old Keynesian style demand side policy. The government racked up loads of debt to get through the crisis. While all over America and Europe, people were shouting about the clearly wrong Reinhart and Rogoff 90% debt cliff, Iceland was calmly pushing its debt to GDP ratio over 100%. And then, as its economy got better, its debt started coming down. This year, it is in the mid-80%.

Iceland also did something that I’ve been screaming about for years: it allowed its inflation rate to go up. This was especially important for them, and inflation went up to a very troubling almost 20% annualized rate one month, and in the mid-teens for about a year. But it is back to about what ours is: 2%. The difference is that we’ve been laser focused on inflation. It has never been even as high as 4% annualized rate for a month since the crisis. And most of the time, it’s been less than 2%. This, of course, has been great for the rich. It’s been a catastrophe for workers.

Iceland also imposed capital controls: restricting the movement of money from the country. In fact, that’s the big news: Iceland is in the process of lifting its capital controls, which ought to give the economy another boost. I don’t think that capital controls were much of an option in the United States. But the takeaway from all this is that there were lots of options for how we dealt with the bursting of the housing bubble. We chose to do those things that kept the rich rich and did as little as possible for working Americans. Democracy in America!

Louisiana Legislators Ask Grover Norquist for Absolution and Ignore Voters

Grover NorquistI learned from Tierney Sneed this week at Talking Points Memo, Louisiana GOPers in Fiscal Mess Beg Grover Norquist to Relax No Tax Pledge. As you probably remember, Norquist is the man who is best known for the quote, “I don’t want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub.” It’s a curious thing to say. It’s supposed to be clever, but it misses the mark. He doesn’t want to abolish government, he wants to weaken it so that he can murder it? So he wants to abolish government! Whatever.

Anyway, Norquist’s great political idea was to get all the Republicans to sign a little pledge that says they will absolutely never raise taxes in any way. It’s part of a larger trend in Republican politics where every vote is “scored.” This leads to politicians being far more conservative than their constituencies. And there is also something fundamentally treasonous about the pledge. What if we suddenly got into World War III? I’m sure the Republicans would abandon Norquist if it ever came to it — just as they would if they ever got any backbone. But smart people don’t legislate by starting out with a long list of things they will never do. And that is a big reason why Republicans are such useless legislators.

But all over the country, there are state legislatures controlled by Republicans that would very much like to to have a little flexibility to deal with their budget problems. Currently, the state faces a $1.6 billion budget shortfall — about 5% of their total budget. Seven years ago, the state had a one billion dollar surplus. What happened? Well, after becoming governor, Bobby Jindal pushed through a huge tax cut. Just like in Kansas, this was supposed to spur growth. But it didn’t. It never does. But Jindal won’t budge. As Kevin Drum noted, “Bobby Jindal is still delusional enough to think he’s running for president.”

As you can see in the following graph, when Bobby Jindal took over control of Louisiana, unemployment was better than the country as a whole. When recession hit, it was not hit nearly as hard — because of the oil industry. But overall, it tracked along with the country pretty well. But since the beginning of 2014, it has taken a turn for the worse. And as of mid-2014, the country as a whole is doing better than Louisiana. Am I blaming this on Jindal? Not at all. But note that there is no reason to think that the tax cut helped to create jobs — not that Jindal and the rest of his Republican allies ever cared that it did.

Louisiana Unemployment Rate Under Bobby Jindal

So now, many Republicans in Louisiana would greatly appreciate it if they were allowed to fix the problem some other way than savaging their college system. In fact, they went whining to Norquist saying that they should be given credit for the previous tax cut. Norquist rightly noted that by such logic, Obama could claim to be a tax cutter. Just the same, I can’t help but remember that Norquist didn’t care about the payroll tax going back up. That’s consistent, however; Norquist doesn’t care about taxes that hurt the poor. No major Republican “thinker” does.

But the whole thing is quite the spectacle. Instead of dealing with each other, Louisiana Republicans are forced to go to Grover Norquist to get approval on how they are supposed to govern. Of course, he only has power because they give it to him. And, of course, because Bobby Jindal thinks he has a chance of becoming president. Some day, the people of Louisiana might consider voting for people who will do right by them and not outsource their thinking to a subgenius ideologue like Norquist.


See also: Swing State Voter Regret Is Killing Me.

Morning Music: Ornette Coleman, RIP

Shape of Jazz to Come - Ornette ColemanAs you may have heard, Ornette Coleman died yesterday. I’ve enjoyed him at times, but I’ve never been a fan. And the reason doesn’t speak well of me: his work is too difficult — too demanding. His earliest work was fundamentally bebop, but even then with his trademark micro-tunings it is difficult — it’s really are an acquired taste.

My first introduction to him was Free Jazz: A Collective Improvisation. Like most jazz that I heard when I was a kid, it sounded like noise to me. I just couldn’t hear it. Even today, it is hard to listen to. But at least now I experience the shape of the it and I appreciate how the musicians interact.

But I like his more constrained work. Here is a relatively recent performance of his best known tune, “Lonely Woman,” from his unquestionably great album, The Shape of Jazz to Come:

Anniversary Post: French Take Jargeau

Joan of Arc at Siege of OrléansOn this day in 1429, the French took Jargeau with Joan of Arc leading the way. She’s quite a figure. And it doesn’t say a lot for the Catholic Church that she is a saint. But I guess that is one nice thing they did for her after trying her and burning her at the stake. But let’s back up.

It was well over a hundred years into the Hundred Years’ War. For all that time, the English had been trying to take over France. Really: it was just a war of aggression. But at least it was honest. No one was running around talking about how France needed to be made safe for democracy or any other such nonsense. But at this point, it really wasn’t going well for France. The English had been barely hanging on and there was a good chance that the royal family would fall.

Enter Joan of Arc — a teenage Christian mystic who had been visited by three saints — Michael, Catherine, and Margaret — and they told her that God wanted France to win the war. Furthermore, she became convinced that the only way this was going to happen was if she was there to lead the French army. There’s one weird trick that all crazy people know: certainty sells! And Joan of Arc was very clearly crazy. And so she managed to work her way up through the royal bureaucracy — all the way to Charles VII. They were impressed and did exactly what she wanted.

But let’s be clear: they were desperate. They had given up hope that they would be able to hold off the English. It’s kind of like if everything had gone wrong in your life: your spouse left you, the house was in foreclosure, and the next day the newspapers were going to report that you had been molesting neighborhood children for the last three decades. Then some young woman came to you and said that God had told her that if she did a little dance on your law, all your problems would go away. You’d let her do the dance, right? What do you have to lose?

And she probably really did help the French cause. She was so certain about her visions that other people believed her. And in the end, the French did win the Hundred Years’ War — although it would take another decade, but what’s that in the context of the war that your grandfather was forced to fight in? And then she was captured and handed over to the English. And they convicted her of heresy, because it had to be the Devil talking through her; certainly God was on their side. Also: she had dressed as a man while making her way to the front. So they killed her in the most viscous way they could think of. Like good Christian everywhere.

The whole thing is amazing. I still think the idea that God wants this or that country to win a war is ridiculous. Yet that is what people thought then. And that is clearly what people think today. I just cannot get my head around the idea of a god so pathetic that it cares about such little things. But that’s what religion seems to be for most people: an idea that validates their very small, very pathetic lives.

We mark this day — the high point of Joan of Arc’s life — 586 years after the French took Jargeau.

Christopher Lee RIP

Christopher LeeTomorrow, I’ll have a little bit to say about Ornette Coleman. But I wanted to take a moment to note that Christopher Lee has died. It was announced today, but he died last Sunday. Most people know him for the part of Dracula in a series of films, starting with the great 1958 film, Dracula. But that is surprisingly not the part I most associate him with. I associate him with the part of Mycroft Holmes in The Private Life of Sherlock Holmes. I went through a period when I watched that film a lot. And I still think it is a great film — way underrated. That film so perfectly captures the power dynamic between Mycroft and Sherlock. And, as is totally appropriate, Lee steals the scenes he’s in.

I saw an interview (probably on the DVD). In it, Lee discussed working on the film with Billy Wilder. He said that Wilder never made any reference to Lee’s work as Dracula. But they were doing a night shoot, and the two of them were standing together. A cloud of bats flew overhead. Wilder looked sideways at him and grinned. Lee was charmed by this moment with Wilder, and I was charmed by Lee relating it.

I’ve quite enjoyed Christopher Lee in everything he did. He was a great and varied actor. And it was fun watching him show up in so many cool roles into his 90s. Even in poor films like Dark Shadows and The Colour of Magic, he added dignity and style. I am actually sad that I won’t be seeing him pop up in new films. But there are almost 300 screen credits for him, and that isn’t including multiple hits on television series. I wish him well in the undiscovered country.

Here he is as Mycroft:

Pluto By Any Other Name

Pluto and CharonI’ve never been very interested in the question of whether Pluto is a planet or not. But the only clear distinction that I know of is whether an object has sufficient gravity to collapse into more or less a sphere. By this definition, Pluto would be a planet, and so would a number of other objects. But is that all a planet is? If there were a really big comet that orbited the sun every ten thousand years, would we really want to call that a planet? Isn’t a planet just the lose term we use for the “wandering stars” in the sky? Does this have to be a big deal?

Tim DeBenedictis over at Space.com seems to think it is a big deal, Why Pluto Is a Planet, and Eris Is Too. He is unhappy about the 2006 IAU Resolution 5A that defined away Pluto’s planet status. And he’s not totally wrong. The resolution defines a planet as an object orbiting the sun that is large enough to be spherical and that has “cleared the neighborhood around its orbit.” DeBenedictis doesn’t even like — nor understand — the spherical requirement. But he’s right that the “cleared” aspect of the definition is vague.

But his alternative is just silly. He proposes that we simply define a planet as any object with a radius of 1,000 km orbiting the sun. This is convenient because it allows Pluto to slip in as a planet (Pluto has a radius of 1,200 km). It is arbitrary, but he rightly noted that all systems are arbitrary. But there is an obvious counter: not all definitions are equally arbitrary. Why not go with the “sphere” definition? I assume it is because DeBenedictis doesn’t want to allow Pluto in the family of planets at the cost of devaluing the title.

This is an attitude I see with a lot of people. Somehow, Pluto isn’t valuable if it isn’t a planet. But I would have thought that the Rosetta mission to Comet 67P/Churyumov–Gerasimenko would have dispelled this kind of thinking. All of the objects that we visit are ridiculously large. And they are all wondrously interesting. Call Pluto whatever you want, the New Horizons mission is so incredibly cool that I feel like a kid again — checking every day for news on it. And it is largely because Pluto is small and is strange that makes visiting it so exciting.

I would prefer to define planets the way that Potter Stewart defined obscenity, “I know it when I see it.” I think size is important. But I also think that orbit is important. Although I think Eris is kind of small to be considered a planet, I have a much bigger problem with its highly eccentric and absurdly inclined orbit. Pluto has the same problems, but to a lesser degree. And I doubt if we would even be having this conversation if Pluto hadn’t been so thoroughly sold to the public before we found out just how small it was.

It’s all kind of a mess. Pluto and Eris are very cool objects and they deserve their own categories. I’m tending to think that we call all the objects that are big enough to be spherical “planets.” Then we can subdivide them. Certainly there are fundamental differences between the solid inner planets and gas giant outer planets. So maybe we should have three categories: solid planets, gaseous planets, and weird planets. I really don’t care. But there are things that make Pluto distinctly different from Mercury, Venus, Earth, and Mars. But that’s not a bad thing; in fact, that’s a great thing.

What’s in a name? That which we call a rose
By any other name would smell as sweet…

The Obama Revolving Door

Julia Carrie WongIt’s hard to think of a political identity with less actual meaning than being a Democrat these days. As a proud Democrat, Gibbs will devote his time to fighting wage increases, harming the environment, and preying on poor communities. His brother in arms Plouffe will focus on the core Democratic values of deregulation and obviating the National Labor Relations Act.

—Julia Carrie Wong
Three Tweets: one; two; three.


H/T: Glenn Greenwald

US Navy Gets Honest About Why People Join

US NavyAs I’ve written about a few times, I live across the street from a very nice family. You really couldn’t have better neighbors, and I like them all as people. But I’ve always found it curious that they are Christian, yet the two boys who have left home have both gone into the military. What’s with that? I mean, when I think of Jesus, I just don’t think of the military — and for a lot of reasons beyond the standard “Prince of Peace” nonsense. For example, I understand that Judaism goes along with the command and control of the military. But Christianity is all about doing the right thing because the holy ghost is inside of you. It’s really a very liberating theology.

Of course, in America, it largely isn’t practiced that way. Christianity is more or less a cultural signifier. People use it as a shorthand for “patriotic American.” This is why we see states trying to make the Bible the official book. The level of theology in the Bible for most Christians is something less than what is taught to five-year-olds in Sunday school. And the one thing other than Christianity that is most tied to this form of “patriotism” is the military. Taxes for public libraries are tyranny, but taxes for almost half of the world’s military spending is somewhere there in the middle of the Ten Commandments.

But there is a great rhetorical ploy when such things are brought up. The Christian will claim that our military is not aggressive. This, of course, is the standard American line, discussed so well in, War Made Easy. Supposedly, the last thing that any president ever wants to do is go to war. To see how absurd that claim is, note that George W Bush said exactly that before the Iraq War — a war that he was most clearly determined to wage. But there is more.

The Christian military apologist will then mention “nation building” and all the great humanitarian work that the military does. Setting aside the fact that this is just ridiculous, it certainly isn’t the way that those in and around the military see it. Earlier this week, Sam Knight at The Intercept wrote a great article that relates to this, Navy Drops Humanitarian Ad Campaign, Looks for Something More Appropriate. It seems that for about five years from 2009 through 2014, the Navy has been pursuing an ad campaign, “America’s Navy: a global force for good.” They killed it last year and have now hired a firm to create ads that look more like something out of Call of Duty.

These earlier ads were about all the good things that the Navy does to help people all over the world. But check it out in the video below. It is filled with all the badass equipment anyone would want. What it doesn’t include is the usual bellicosity. In a word, it is: mature. It puts the best face possible on the dirty business of war. Thus, it isn’t at all surprising that it didn’t play well with the 17-year-olds it was supposed to attract. Sadly (but not surprisingly), it also didn’t appeal to veterans.

The point is that people can talk all they want about the need for the military and all the good work that the military does. But it means nothing. These are not the reasons people go into the military. These are the reasons people come up with to make joining the military seem noble. I’m with Father James in Calvary, “People join the army to find out what it’s like to kill someone.” And that’s okay, I suppose. I’ve made my peace with the need for a military (although ours is about ten times as large as it needs to be). But it is outrageous that people are allowed to go around claiming others join the army out of some sense of altruism. I’m not sure there is such an army that we could say that for. But certainly we can’t for our imperial army.

Another Way to Fix the Mortgage Interest Deduction

Money and BankingOne of the biggest welfare programs in America is the mortgage interest deduction. People who are wealthy enough to purchase a house are given thousands of dollars every year to pay for that house. Of course, almost no one sees it as welfare because — like most welfare for the more affluent — it is designed to be invisible. We can’t have upper income people think they are getting welfare; that would be rude! So when I talk to people about the issue, they have a hard time seeing the reality of it. So let me provide a simple example.

Imagine you are I live next door to each other. We have identical lives: household size, income, the whole deal. But there is one difference: I own my home and you rent. As a result of this, I pay substantially less in taxes than you do. We both make $100,000 per year. My federal income tax bill is $20,000 and yours is $23,000. We have the same income and expenses. We should both be paying $23,000. So effectively, the government is sending me a check for $3,000. The mechanism by which this happens — giving me some of my tax money back as opposed decoupling it from the tax system — doesn’t matter in the least.

A couple of business professors, Stephen Cecchetti and Kermit Schoenholtz, wrote a paper, Why the Mortgage Interest Tax Deduction Should Disappear, but Won’t. They noted that economists don’t like the mortgage interest deduction. The main problem from an economic standpoint is that it distorts the natural flow of capital. By the government making home purchases cheaper, capital that would normally go to other parts of the economy gets diverted. But even more than that, the mortgage interest deduction increases inequality. Yet we are stuck with it for a number of reasons.

The biggest reason is that roughly 50 million households currently have mortgages and they are not keen to lose out on their welfare checks, even though they probably don’t think of them that way. But in addition to this, there are lots of people who feed on this: real estate agents, bankers, and home builders. And even more, getting rid of the mortgage interest deduction would cause house prices to fall — hurting every homeowner in the nation. According to Cecchetti and Schoenholtz, it would represent a loss of $4.1 trillion — comparable to the cost of the bursting of the housing bubble: $6.4 trillion.

But Cecchetti and Schoenholtz have a good idea for making the mortgage interest deduction less of a problem. They suggested putting a maximum mortgage value that one could deduct at $400,000. They noted that currently, 90% of US homes are worth less than $500,000. This would have the effect of reducing some of the bad economic signals with the deduction by not subsidizing vanity homes. But it would also make the deduction less inequality expanding by not allowing the government to subsidize more and more the richer the home buyer. The Center for Budget and Policy Priorities also has an idea for making the system better, Fixing the Unfair Mortgage Interest Deduction.

The point of all this is that something can be done to make the mortgage interest deduction more fair and less disruptive in the economy. But I doubt we are going to see much. Eventually, the government may see that there is a bunch of money to be had. We’ll see if that leads to improved policy. For me, I would just appreciate recipient of the mortgage interest deduction understanding that they are getting welfare.