Abort Alito

Has a nice ring to it, don’t it? Unfortunately, taking the “Shoot down Alito at any cost” tack feels too much like Schadenfreude, Pleasure derived from the misfortunes of others.

His misfortune to have been on record being honest in his opinions (misguided or not) Bush’s misfortune to have (apparently) been elected in the first place. He’d have been better off if he’d never ventured into politics.

…So would most of the rest of us.

If You Don’t Like Abortion, Don’t Have One

Sitting in the car listening to three confirmed Christians (if Austin is the liberal island in the center of the conservative ocean of Texas, then why don’t we have any Atheists on the airwaves around here? Sorry, lost track there for a second) sound off endlessly about the rightness of an anti-abortion stance, and listening to these three self-proclaimed conservatives express apparently genuine confusion as to why the Abortion issue is the litmus test for potential judges. From what I’ve seen it’s not a litmus test, as in a piece of paper that is one of two colors based on the acidity of the solution it’s placed in; it is rather a weathervane that shows which way the hot air is blowing during any given political season. That these three talking heads can’t see it just shows their rank in the political game.

This is one of those arguments that I’ve had so many times with so many people that I could convincingly argue both sides in a continuous monologue that looked like a dialogue. I don’t think I’ll do that. It would go on as long as the so-called ‘debate’ (if two sides engaged in endless name calling could be labeled a debate) has gone on already, and none of you would read it.

This is a faith based issue with the devout believing or being instructed to believe in a particular fashion on both sides of the argument. The Fascist Right (what I fondly refer to as the Religious Reich; what is generally mislabeled ‘conservative’) believes that it is the correct stance of the state to confirm their loathing of a waste of potential and to require women to carry pregnancies to term, no matter what. For those on the right, correct thinking is paramount, the resultant unpleasant reality is punishment for incorrect thought. The Socialist Left (Tree huggers if you like, I don’t have a cutesy name of my own for them) believes that it is the correct stance for the state to confirm a woman’s right to choose to terminate an unwanted pregnancy, with funding as necessary. For those on the left, correct actions are paramount. We should always feel good about what we are doing, even if forced to.

What the two sides have in common is the desire to wield force in the form of law, and require others to bow to the whims that they worship. This is, in truth, the common thread of all the political footballs that come into play with each and every election and decision. What the players on the field (or the pawns on the chessboard, take your pick) never seem to understand is that the leaders on either side of the issue don’t have any core disagreements. They are all willing to force others through law to behave or believe whatever they deem correct at any given minute. The issues are simply how they maintain control and distract attention.

“But wait” you say, “The Republicans are poised to reverse Roe v. Wade! How can you be so cavalier about this?” It’s easy. The Republicans have no intention of reversing Roe v. Wade. They would be fools if they did. The reason is constitutional…

[If there really were a “Litmus Test” it ought to be the constitution that forms it. The test (as is fitting) should be in the form of a single question and answer. “What is the meaning of the ninth and tenth amendments to the constitution?” Unenumerated rights. Limited powers. Any potential judge that does not concede the existence of a “right to privacy”, of a limit to state power, does not have a place on the bench within the US court system. Good luck getting a straight answer there.]

…Roe v. Wade establishes a right to privacy. To reverse that is to make us all wards of the state (some would say we already are) and to make all claims to privacy by persons, including the multi-national corporations null and void. I’m sorry, but I just can’t see the Warren Buffett’s and Bill Gates’ of the world signing up for that type of punishment. So excuse me if I don’t take this threat seriously. The Right to Privacy will continue to exist (as it did unenumerated before Roe v. Wade) and with it the availability of unpopular medical procedures, including Abortion. Sorry folks, them’s the breaks.

In libertarian circles there has been an uneasy truce on the issue of abortion for quite some time. Don’t get me wrong, we have believers on both sides of the issue here too. It just doesn’t get contentious (generally) because we don’t acknowledge that the state has the authority to force someone to bear children on the one hand, or the authority to steal money (generally referred to as taxes) to pay for abortions on the other. We’re more than happy to let the individuals involved make decisions for themselves. It’s what tends to work best.

I hear you saying “what about protecting life, dammit?” That’s all fine and good. First prove that there is a life, a life with a conscious mind, a will to live (not just autonomic responses) the presence of brainwaves, preferably; and then show how you will preserve that life without harming the life (and by harm I mean economic as well as physical harm) of the mother-to-be, and you might have a telling argument. Otherwise we are still back at individual choice.

The short version of this is if you don’t like abortion, don’t have one. That should limit the decisions to the individuals with a real stake in it. The women.


Mea culpa review, 2017. Mercifully my libertarian delusions about tax dollars and government health expenditures fell by the wayside of my deeper understanding of what money is and what society is. What good governance entails. It could have happened sooner, but I’ll take the enlightenment anyway I can get it.

The last article I wrote on this subject was this one, in which I come out unambiguously on the side of choice, science having pretty much taken us to the edge of survivability for the fetus outside the womb. What is needed now, if the anti-abortionists want to prevail on this subject, is an artificial womb. With that invention the woman need no longer carry the baby to term herself, it can be implanted in the artificial womb and the lifers who think every sperm is sacred can just foot the bill for raising all those previously aborted children.

I’m sure they’ll jump at the chance to pay for that. 

Clark Howard’s War on ALD

Someone has been “cuttin’ a rusty” (as the local colloquialism would go. “pitchin’ a fit” also works) over at the ALD forum under the subject heading “Customer No Service” and it just reminded me of the whole Clark Howard ‘thing’ I went through a few years back; “Customer No Service” being a trademark Clark Howard phrase.

I used to listen to the Clark Howard show on a regular basis. I gave it up when his forum hitmen banned me for posting some of the following to www.clarkhoward.com. I still don’t listen to him, although the mere sound of his voice no longer sends my blood pressure over the red-line.

I’ll take the silver coins over green paper any day; but there are some people who seem to think the words “Federal Reserve Note” actually equate to some kind of guaranteed value…


Attention Clark Howard Listeners:

The Silver Liberties are not “paperweights”. They are made of .999 fine silver. They are stamped with a value of $10 (that’s FRN value) and can be exchanged for same if you desire green paper instead of real silver.

You can go here: http://www.norfed.org for more information.

For local Austin Retailers who accept Liberty Dollars, go here:

http://www.austinlibertymerchants.org/

For local silver info:

http://www.austinsilver.com/

—————

The caller to the show that complained about receiving silver instead of FRN’s highlights the predicament that the monetary system is in. Something with actual value is worthless in her mind, while the worthless green paper has value.

The banks OF COURSE will not take private money. The private money is a liability for them, whereas the Federal Reserve has been a cash cow that generates unprecedented returns for member banks. The last thing they want is for the inflationary reserve notes to be replaced.


ratbert2k wrote:For local Austin retailers who take cash (FRN as you call it) look here:
http://yp.com/

Yep. There’s one of those born every minute, as Barnum used to say.

-RAnthony


ratbert2k wrote:
There’s a Yellow Pages born every minute? I’m confused. Or were you referring to yourself? You might want to go get some foil and make yourself a nice shiny hat now.


No, I was referring to the ‘suckers’ who think green pieces of paper have an intrinsic value. I can print green pieces of paper all day for them, in that case. An ounce of silver will always be an ounce of silver; a green back could be worth as much as a Continental tomorrow. Who knows? Perhaps you should read The Creature from Jekyll Island before casting aspersions on others.

You might want to put on your foil hat first. Don’t want those “weirdo free thinker” rays to penetrate, do we?

-RAnthony


jimb wrote:
Actually, the foil hats are most often used to keep the gubbament and alien mind control rays out. ( The mind control rays from the combined gubbament and alien conspiracies are particularly damaging.)

Excellent and entertaining website you linked.
Aluminum Foil Deflector Beanie
An Effective, Low-Cost Solution To Combating Mind-Control

It contains many technical details and ideas not easily found just anywhere. It and its many links to other technical information are just as much–or more–useful as your links about gubbament conspiracies.

The calculator for computing required thickness of the foil is especially useful–and I rank its value right up there with your conspiracy theories, too.

The website is quite comprehensive, so the only technical detail I might add it that there are aluminum foil tapes used to seal ductwork, which might be more effective than scotch tape in constructing a foil beanie.

Hope this helps.


I’ll grant that what occurred with the establishment of the fed was a conspiracy; but to refer to it as a theory is to discount the exhaustive research that went into not only The Creature from Jekyll Island, but the 4 or more works that were written previously on the subject, and that are referenced in the book.

It would be equivalent to saying that gravity is a theory, or that sunlight is a theory. Doesn’t wash, sorry.

The FED was a sucker ploy, and the U.S. fell for it. We live now in the world Jefferson warned us about.

“If the American people ever allow private banks to control the issue of currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their fathers conquered.” (historical revision. Jefferson never said this)

Pretend otherwise all you like.

-RAnthony


ratbert2k wrote:
And a green piece of paper will still be a green piece of paper tomorrow, unless I destroy it. Similarly, your ounce of silver will always be an ounce of silver, unless you destroy it. Silver has no more intrinsic value than paper. Both have the value that they have because people will trade goods and services for them. If that changes, either one could be worthless when trying to acquire goods and services. For example, in a case of a major earthquake, you might have trouble buying clean water and food with paper or silver, but you could use cigarettes. In that case, the “money” is worthless, because the food and water others have are much more valuable. The cigarettes are something people value, though.


“Silver has no more intrinsic value than paper”…and, in fact, I think I’ll let that statement stand by itself.

For those who doubt the veracity of the above, you might want to check into a concept known as “investing“, and the materials known as “precious metals“. Just a thought.

-RAnthony


rs-two wrote:
… from someone who posted a note like yours. Maybe you can join some fellow simpletons in the tax protest movement?


Be sure to ask “how high?” the next time you’re in for an audit. After all, once you’ve waived your fifth amendment rights and sent in that 1040, you are an admitted criminal waiting to be found.

Just a thought. http://www.anti-irs.com (Historical Revision; none of the sites that make claims concerning the validity of the IRS should be taken seriously unless you are wanting to adopt the teachings of White Supremacists.  Fair Warning)


I’ve learned not to use the word ‘intrinsic’ since this exchange took place. Tangible is what most people would equate to intrinsic in meaning. (Historical Revision; I was trying to distinguish between the natural limits on a commodity as opposed to the near unlimited supply of paper currency which could be created. As opposed to the truly uncounted electronic dollars that currently reside in most bank accounts across the world. The problem with all of these distinctions is that they are subjective in nature. Paper has no more or less value in relation to minted silver unless you look at the subject through human eyes. They both simply exist. More than could be said for electronic currency.  Working on an entry about the EPHN called money, but that one is not much more than a concept at present (2015) would not recommend holding your breath til that one is published)

At the time I posted this stuff I wasn’t a ‘LA’ (Liberty Associate) I was simply attempting to enlighten the public concerning money and value; I’ve since signed up with the Liberty Dollar. If the average American can’t figure out why Silver money has value and paper money does not… Then things are much worse than I had originally thought, and the time to get behind precious metals is now.

Smokin’, smokin’; I feel alright, mamma, I’m not jokin’

Another historical argument from the file. Austin passed several smoking bans. Passed and overturned and passed again. Anyway, it lead to some interesting thoughts on mine and other’s parts. This is some of it. The rest may still be in the archive over at the Liberty List and TCLPactive.


First round: Just Say NO! to Compromise


[The city of Austin proposed a smoking ordinance in 2003 that would have banned smoking in public places. It passed. They then went on to offer to sell “smoking permits” to businesses that wanted to allow smoking (pay to get a permit to do something that you should be able to do anyway, but have to pay for because the city government felt pressured to act by all the do-gooders out there, and then realized they’d created a massive cash cow that they could suck funds out of. It’s a beautiful world, isn’t it?) There was a chance that other alternatives to the original ban might be entertained alongside the permits idea, so…]

[Rock Howard proposed the following in response to the suggestion that any form of compromise would be an abandonment of our principles as libertarians (I reprint it because I agreed with it completely at the time; and in fact still do) as an example of how a compromise on a smoking ordinance would simply clarify business practices that already exist, allowing the customer to then make an informed choice]

To me an example of a workable compromise would be:

  • If they wish, an establishment can sign up on a city maintained smoking registry, but doing so is not necessary if the owner puts up a sign near the entrance(s) of the establishment detailing their smoking policy. (Minimal signage would be: “Smoking Permitted”.)
  • If they wish, an establishment can sign up on a city maintained “smoke free” registry, but doing so is not necessary if the owner puts up a sign near the entrance(s) of the establishment to the effect detailing their smoking policy. (Minimal signage would be: “No Smoking” or “Smoke Free”.)

(Knowing the city, they would probably require Spanish language too.)

This “compromise” would hopefully placate those who consider cigarette smoke as an assault on their personages. (For some people it actually is.) As far as abridging rights goes, it is simply coupling the right of the property owner to the equal and legitimate responsibility to make their smoking policy clear to prospective patrons either through signage or by the public process of signing up on a registry.

As far as the “permit” idea goes, let’s see if we can dig up actual examples where a permitting process for smoking turned into a ban. If we can do that, then that would be helpful as it might give the business owners more intestinal fortitude about defending their rights. At this point many are seeing this as a life and death issue for their businesses and that makes more susceptible to a slippery slope compromise.

[When further objections were offered, he then posted the following:]

It is possible to stay with our principle but also get involved with the current process too. If we refuse to get involved for the sake of principle, then we abandon our constituents to their fate (which likely entails a slippery slope compromise that dooms them in the future.) The only other avenue is the courts, but we have no friends or power their either.

I have seen this fight in other cities and with the current political mindset of the voters, as long as it remains a political battle, we are doomed. If we can be smart and lucky we might be able to help craft a compromise that staves off the rights-snatchers for a while and, more importantly, helps preserve the livelihoods of our core constituents for the time being. If we do, then we will have bought ourselves some time as well as additional support for the long term project of opening up the minds of the people to the larger issue (i.e., the critical importance of personal property rights.) This will take time and money and, without it, we are just kidding ourselves about our ability to win this battle.

The only reason that I used the word “compromise” in the first place is that there are only two possibilities right now: 1) no compromise happens and the current harsh Smoking Ordinance goes into effect; or 2) a compromise occurs to stave off the most harsh effects of the ordinance for some time. I do not accept that there is a third option (as much as we would all prefer it) in the near future. I suggest that to get to the preferred outcome that we all want, it makes sense to be involved in the current process as the outcome of “no compromise” will simply kill off many of the small businesses that we are supposedly trying to support.

In point of fact, if the local [LP] works against some sort of compromise, then we are, in effect, working to enact the Smoking Ordinance. Go ahead and do so if that is what you want, but in my considered opinion that approach is counterproductive in the short, medium and long run.


A Smoker wrote:
If we try to mediate a compromise in this case, we are saying that government taking away just some of our rights is ok verses taking all of them. If we need to take this to court to fight this injustice we should, it would really make a name for ourselves. We should stand up for what’s right, not for what we feel is acceptable for the moment.

What about the rights of the non-smokers to do business in a smoke-free environment? What about the (real) health issues involved in breathing smoky air? I assure you that the solid majority of Austinites are 4-square behind an outright ban based on those two arguments alone.

I don’t agree with them, but they are our audience.

A requirement to sign the exterior of your business is no different than putting ingredients on the outside of packages, or spelling out the details of a contract in advance. It’s not a compromise, it’s collaboration; an acknowledgement that there are telling arguments for those who support a ban, but that a ban is not necessary or even desirable.

IMO, signing the exterior of your business IS what is right. Some of us would prefer to do without the smoke. Thank you, Rock, for the level headed suggestion.

[The outcome of the vote on the smoking permits ? Landslide in favor of it, the council couldn’t resist that cash cow. The local LP candidates (except for the exceptional Rock Howard) opposed all compromises and sunk any chance of sidestepping what happened then, and what happened next.]

[at the suggestion of the moderator at TCLPactive, I moved the discussion to my Liberty List]


Second round: Smoke lies are 50



[Can’t find a link for the original article that this references, ACSH reformatted the site recently, and a good portion of the old articles were lost. The copy in the Archive at LL is representative of it, however]

A Smoker wrote:
Getting in your car and driving will lead to serious health consequences, to the same degree that lighting a single cigarette will lead to serious health consequences.

It has nothing to do with the number of trips. I can get in my car right now and drive, and while I stand a statistical chance of harm, the mere act of driving the car does not increase the chance in and of itself.

My wife and I were test car drivers for quite awhile. She has driven more than a million miles. She’s still breathing.

A relative of mine has smoked 3 packs of filterless cigarettes a day for 30 years. He’s had cancer twice, (thankfully not lung cancer) cancer that is statistically related to smoking, and he still insists that the smoking isn’t the problem, all the while smoking like a chimney. He may still be breathing now, the latest radiation treatments won’t start for a few more weeks. The man could have lived in good health to the age of 100 or more, without the cigarettes. I personally don’t think he’ll see 70 because of them.

There are three kinds of men.
The one that learns by reading.
The few who learn by observation.
The rest of them have to pee on the electric fence for themselves.

Will Rogers, The Wisdom of Will Rogers


A Smoker wrote:
Your rights are not being transgressed when someone smokes in your presence, because you are free to leave, or not to breathe the smoke, or to wear a mask. Your rights are being transgressed when someone forces you to do something that harms you or others, or when they harm you directly.

When I am engaged in commerce, dining out for instance, I and the parties I am doing business with have entered into an informal contract. Part of that contract involves a smoke-free environment if you are doing business with me. During the process of commerce, while I’m eating for example, someone decides to engage in their particular form of self-destruction and lights a cigarette.

How am I ‘free to leave’? I daresay that the owner of the establishment would take exception to my departure before contracts are satisfied, before I paid in this example. As someone who is known to demand a smoke-free environment, why should I be ‘expected’ to leave? Since non-smoking is something that I demand up front, should not the smoker be ejected if he refuses to leave?

  • “wear a mask”. Why doesn’t the reverse apply? Since smoking carries no negative impacts, let the smokers wear a mask and not waste a single breath of their precious nicotine.
  • “not to breathe the smoke”. Not breathing as a choice. No, I don’t think so.
  • The truth is, when someone lights up in my presence, they are in fact forcing me to engage in their habits. It’s a cop-out for libertarians to say “you’re free to leave” or “it’s a (property) rights issue”, because that is just the surface. The reality is much more complex than that.


    A Smoker wrote:
    Your usage of “informal” is as a euphemism for implied. A contract not discussed and not agreed to is a contract which does not exist.

    Informal does not equal implied. The words have different meanings. Walk on a check at a restaurant and see if the restaurateur doesn’t think you have a contract. That you are expected to pay for services rendered and food consumed is an informal contract; informal because you did not agree to the contract in writing, in advance.


    A Smoker wrote:
    When people complain about an aspect of free-wheeling liberty (such as people lighting up whenever they please whenever the owner of the property they’re standing on doesn’t mind), it is my reflexive assumption that the person making the argument would turn a blind eye toward government force should it be stamping down on that aspect of liberty…

    I have the right to object to harm; and I will exercise that right vehemently.

    OTOH, do you put tags on your car, carry a drivers license, pay income taxes? If you answer ‘yes’ to any of those questions, then by your definition you can apply the label to yourself, because gov’t force is used to mandate things which are infringements on our liberty.

    Austin banned smoking recently, and no, I’m not going to spend time fighting that battle now. The alternative wording (signage in lieu of a ban; I would have liked to expand it to allow air quality controls and multiple uses – essentially the status quo prior to the first smoking ordinance, with a nod toward the health issues of accumulated smoke in a confined space) that I agreed with was deemed a compromise by the local activists, and they decided to ‘stand on principle’ and go down with the ship. Well, the property rights ship sank, and smoking is banned here now, unless the business owner agrees to pay the city for the ‘privilege’ of allowing smoking. As Austin is “the liberal island in the conservative sea of Texas”, this is probably the way it’s going to be for awhile.

    The net effect is positive for me personally, since health issues are deemed too touchy-feely to be taken seriously by hard-core types. My choices were reduced to either choke on the smoke of the free-wheeling, or breath the socialist air. So my fellow libertarians (who love to talk about choice) forced me to pick the lesser of two weevils. Not a position I relish, I assure you.


    [When pressed for evidence on the subject of the harmfulness of second hand smoke, I suggested this publication http://www.acsh.org/publications/booklets/ets.html ]

    A Smoker wrote:
    That’s also an assertion. I don’t know what study it’s based on but I’ve enough smoking and second hand smoking studies demolished by examining their statistical methods that I don’t put any stock in them. Cato has plenty of these. The claim that 400,000 Americans die every year from tobacco is an outright fabrication from the American Cancer Society, for example.

    Back to the original question, the only acceptable smoking ordinance IMO is having establishments clearly post their smoking policy at the entrance so you can make your decision before entering, as was suggested by Rock Howard previously

    Back at the beginning I endorsed Rock Howards proposal, so I think we’ve come full circle here. As another aside, The CATO Regulation article that is being alluded to was addressed in the ACSH article located here: http://www.acsh.org/publications/pubID.498/pub_detail.asp Needless to say that I think the scientists at ACSH are pretty sure of their numbers.


    Third round: A non-smoker clears the air on smokers’ rights



    [Can’t find a link for the original article that this references either, the site that it was on has either pulled it down or it doesn’t exist anymore. The copy in the Archive at LL is representative of it, however]

    About the only thing that the writer got right was that it’s not an issue of ‘smoker’s rights’.

    What most of the ‘average Joe’s’ who aren’t in the architecture field don’t realize is just how controlled building standards are in EVERY OTHER AREA except indoor air quality. The establishment of building codes that spell out minimum standards would go a long way toward addressing the problems of smoking vs. non-smoking; giving more choice to people in the long run rather than a strict smoking/smoke-free establishment.

    Back in the ‘good ol’ days’ the upper class spent the money to have ‘smoking rooms’, because it was ill-mannered to smoke in front of the ladies. Now we’re all slaving in a socialist paradise, chucking the niceties of proper etiquette and the class structure, dragging the unwilling along with us kicking and screaming in whichever direction the whim of the majority takes us. Soon we will all be trailer trash (what in math is referred to as a Lowest Common Denominator) and not even the trailer trash will be allowed to smoke. Ah, democracy.

    Business owners want one thing over all others: profit. I say fine; but let’s get to the real ‘cost’ and benefit of the systems that we create. restaurateur’s and Club Owner’s will not take a hard stand for property rights. It doesn’t sell food and drink; oh, they’ll cheer us on, but they’ll toe whatever line that a) causes the least trouble, and b) makes them the most cash in the system. …and the system does not take long-term health effects into account.

    So, you had business owners who were more than happy to crowd everyone together with sub-standard ventilation, breathing each others exhaust fumes, because it was cheap and the majority of the population smoked. Now the majority are non-smokers, don’t want to smell smoke, and are willing to subvert property rights (Just as it’s been done since the beginning of time) in order not to have to. Guess what? The business owners will make the just-enough-to-prove-a-point noise about it, and then roll over and comply. That’s how they ‘work the system’ to their advantage. They get to appear sympathetic to the ‘poor smoker’, but they can follow the majority and their dollars into a non-smoking paradise; best of all they get to keep their poorly ventilated, overly crowded buildings just the way they are, and look good in the process.

    Best bang for the buck that there is.

    This has been my point all along. Ya’ll can stay on the high horse of property rights, and loose; and you will loose, mark my words. If it’s a choice of defending this myth that business ownership is some kind of grandiose last stand for property, or defending my desire to breath
    cleaner air, then I’m going to breath easier. 🙂

    or…

    We could establish that the ‘system’ should take account of air quality, just as it does minimum structural standards, minimum exiting standards, minimum bathroom sizes, etc, etc, ad infinitum; call it signage, call it minimum codes, call it defending my property, my body, from the negative health effects of your bad habits; even when I’m not physically on land that I own. I don’t care what you call it, but it’s better than establishing smoking bans all over the nation, which is where we are headed right now. Then we can add Tobacco to the list of black market drugs; how about ‘smoke-easy’ establishments? Probably already exist in New York.

    Do you know what I would love to see? Smokers wearing ‘space helmets’ to smoke in. With a HEPA filtration system on the helmet, no smoke would escape to annoy the non-smokers. Can you arrest him for smoking in his own private space? Would anyone bother? That would be an argument involving the rights of the smoker, and no one else. Do you think we’d find a volunteer to test the theory? Or does even the most devout smoker balk at being cooped up in small space with too much smoke in it? If you really believe that it’s not a health hazard to smoke, then why would you not be willing to?

    “There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”
    -Ayn Rand


    I’m sure some of you out there dismissed my ‘solution’ out of hand “Bah, more minimum standards. Just another there-oughta-be-a-law solution for problems that are none of the gov’ts business.”

    Now, if I were talking about ‘law’, then I would agree with you.

    However, that wasn’t the subject. Building codes are not laws. Yes, I know, in most places they are adopted and enforced as laws; but they start out as guidelines drawn up by groups concerned about public safety. They are ‘minimum standards’ for safe building, and are as necessary in the scheme of things as any written manual. Anyone interested in limiting their liability (and most businesses are) will attempt to follow some acceptable standard of practice; so the creation of minimum standards for building was inevitable and actually desirable.

    The problem with building codes is that they become bound up in the bureaucracy of gov’t. Wander down to the building dept. in nearly any city in the U.S., and you will see the stellar results we get from this approach. In Austin, the indecipherable rat’s maze of overlapping authorities has lead to the need to create an office – the ‘Development Assistance Center’ – just to tell the newcomers where they should start in the maze. One size fits all – and you will comply with the standards.

    Tying the codes to gov’t has several other undesirable side effects. I want to focus on one of them: The negative effects that rigid standards imposes on innovation. Many of the new technologies face impediments placed in their way by codes that were drawn up before they existed. IMHO, minimum standards for indoor air quality is one of the areas that has been affected by this; which has lead to the panic over the negative effects of second hand smoke.

    The solution to making the codes more responsive is to divorce the creation and enforcement of building codes from the gov’t altogether. Much like the independent UL (Underwriters Laboratories) creates minimum standards and tests assemblies and devices based on those standards, building codes should be based on logical, definable standards that can be tested, inspected and approved by any sufficiently educated third party. Allow the property owners and the professionals who design the facilities to decide what standards they wish to meet; and then hold them accountable for failures in design.

    …and the solution to the smoking issue in the built environment is to create a minimum standard for indoor air quality that addresses the publics concern.

    “It is not the strongest of the species that survive,
    nor the most intelligent,
    but the one most responsive to change.”

    – Charles Darwin


    There were arguments along the way that suggested something to the effect that “the average person doesn’t care about smoking, and so the smoking ban will never pass if put to a vote”. Not too long after the Round 3 discussion, a referendom on banning smoking indoors in Austin was put before the voters, and it passed by a slim majority. Essentially putting “Case Closed” on the subject of smoking here, and reversing the council’s transparent attempt to milk cash out of business owners who wanted to cater to smoking clientele.

    The battle goes on in court over the new ban, but it doesn’t look good. Personally, I don’t think the courts want to reverse a ban instituted by referendum, there is such a fear of the will of the majority these days that minority rights (those of individuals and groups comprising 10 percent of the population or less) are totally ignored when the majority deems it ‘necessary’.

    So the dust up over the ‘property rights’ of business owners comes to naught, except for those business owners who see a serious dent in their profit margin in complying with the new ordinance. Which is pretty much how I saw it shaping up in the beginning. I’m still waiting for the ‘smoke easys’ to appear. For all I know they already have.

    Discrimination

    Having ranted on English not being the language of the US, you might find it weird that I would have a problem with non-English speakers in retail positions that require you to converse with the public.

    But I do.

    While I don’t think that people should be forced to learn English, I think it’s stupid to hire people who can’t speak the common language of an area for a job that requires speaking to the average customer; nor do I buy that this is ‘discrimination’ in a way that is prosecutable.

    I walked into an unnamed fast food joint the other day and found myself arguing with the manager (who happened to be what those who take notice of race would call ‘Black’) about his crew’s inability to speak English sufficiently well to get a simple burger order right. He stated that “we aren’t allowed to discriminate in our hiring practices.” He couldn’t figure out why I found that funny.

    Discrimination
    is selecting ‘something’ from a larger group of ‘something’, based on chosen attributes. That’s it. If a business picks one person to work for them, from a group larger than one person, then they are practicing ‘discrimination’ in making that selection. They practice discrimination against the smelly, the ugly, the untrustworthy, etc. I would like to suggest that they add ‘ability to converse clearly’ to the list of important requirements for hiring.

    Having been fired from my only stint at a fast food restaurant for necking with my girlfriend in the mop room when I was 17, hormonal and stupid (and would sooner work on a hog farm than work in fast food again) I can understand how hard it is to get even average people to do the work at one of these places. But I don’t do business with people I can’t converse with, and there are other places that know how to make a Texas burger properly without my having to explain it to them.

    …in whatever language they speak.

    Immigration, take two

    An Anarchist friend of mine suggested that I wouldn’t find anything to object to in The Libertarian Immigration Conundrum by Per Bylund. However, I didn’t get into the second paragraph without doing so.

    On the one hand, it is not possible as a libertarian to support a regulated immigration policy, since government itself is never legitimate.

    Mises.org

    I don’t want to argue with anarchists, I really don’t. It’s counterproductive. I want government out of my life, they want government out of their lives, we shouldn’t have to argue about the little nit picky things like government legitimacy.

    And then one of them goes and throws a bombshell like the above. For the record, there are two kinds (at least) of libertarians. One group freely calls themselves anarchist (technically anarcho-capitalist) and takes the above view. The other (far larger) group just wants less government interference in day to day life (Less government interference = more freedom) some of us freely use the label that Robert Nozick (that Per Bylund references in his piece) coined for us, “Minarchist”; which loosely translates into “The least amount of government needed”. Mr Bylund himself must therefore be aware that his sweeping generalization is in error, but he goes on with the article anyway based on this erroneous assessment of Libertarians.

    The reason that open borders is the right way to look at immigration policy is pragmatic, not idealistic. Pragmatically, the cost to close borders is prohibitively high, just in monetary terms. The cost in lost privacy, freedom, etc. doesn’t even bear thinking about (which is why anyone that advocates closing the borders isn’t a libertarian) Realistically, we have never been able to close the borders, not even in a state of war.

    Which is why we should just let ’em in. Get whatever information the control freaks think we have to have in order to track the new immigrants (fingerprints, DNA, retinal scans, whatever) and let them get to work. I don’t have time for fantastical arguments concerning natural rights and the ownership of the commons, those sorts of things can be saved for the day that the anarchists get rid of government. I doubt that I’ll be there for that.

    Immigrants mucking up our country

    Listening to Boortz today (Yeah, I know it was a repeat, so what?) He goes raging on about closing our borders so as to deflect terrorists and preserve “our way of life”. I like to listen to the guy, but a libertarian he is not.

    The reason I’m bringing this up is that I’ve noticed a disturbingly repetitive mantra going around for the last few years concerning closing borders and (like the title says) keeping out “those immigrants mucking up our country”. From where I’m sitting, the immigrants that are “mucking up the country” are the descendents of the European immigrants (those pesky ‘white’ people) who seem bound and determined to destroy liberty in the name of security.

    I’d just like to point out that, unless you are a brown-skinned ‘native’ (what the average ‘white’ American thinks of as ‘Mexican’ but are most likely people who aren’t from Mexico at all; merely true ‘Native Americans’, those pesky ‘indians’ that white settlers have never been able to get rid of, or the native populations of America that the Spanish subjugated and abused for hundreds of years. Chicanos, Hispanics, whatever you want to call yourselves) then you are the descendant of an immigrant. You have no more right to be here than those being called ‘illegal aliens’ today because they crossed some line drawn on a map by people who have never been to the area in question.

    And “closing the border” is an impossibility. You can patrol it, and turn back the migrants, but truly closing it can’t be feasibly done. Nor do I think that it’s desirable in the long run to do the limited amount of patrolling that can be done. Why? Because migrant workers do most of the ‘work’ in the South and Midwest, and not just because they work cheap. I don’t know any immigrant (white) guys who are willing to work out in the sun all day, every day for a living; but I can’t count the number of ‘natives’ that I’ve worked with over the years who don’t even blink at doing so. If the border could be effectively closed, the resulting price spikes for construction and food production (not to mention manufacturing) would probably devastate the economy.

    So what would work? Allowing in and documenting anybody who was willing to work (one of the only things the sitting president has said that I have ever agreed with) Ending 9/10’s of the welfare programs (including corporate welfare) that act as a lure, and a crutch, for people who aren’t willing to work. Ending the empire building and military meddling around the globe that the US is engaged in. Get back to the core of what this country was about to begin with (life, liberty and the pursuit of happiness) and stop thinking that we have the ‘right’ to demand whatever we want of the world.

    And the Terrorists? Frankly, the only terrorists that we’ve seen on our own soil were trained by terrorists that we trained in Afghanistan. We seem to be our own worst enemy, or as people more poetical than me have said “We get the best enemies money can buy”. I think we should stop buying them.

    I’m sure the mantra will go on. It’s a mindset that sells in this day and age; fear of ‘others’, fear of those ‘outside’. However, if you are going to go raging on about ‘closed borders’ and ‘true Americans’, you are going to eventually look like an idiot, because the reality of the situation won’t be corrected by that type of rhetoric. But then I think that time has come and gone when it comes to Boortz. Mighty Whitey, indeed.

    Christmas, day Two

    I keep getting comments on the “Lists” post, and I also get comments in my e-mail from people too bashful to comment publicly…

    [I’m apparently breaking some rule or other by letting the little voices in my head out; they’re supposed to be my secret or something]

    …Links directing me to sites detailing the “History of Christmas” and the like. Good natured people trying to make sure I understand the Christian intent of the holiday. I seem to have opened a can of worms here.

    So I guess I’ll offer further explanation. For What It’s Worth, I’m a purist on the subject of religion…

    [and not much else. I figure religion is one of those types of things where you can afford to be a purist or idealist. After all, if your own beliefs can’t be your own beliefs, what’s the point of claiming anything as being your own]

    …either I agree with the main tenets of the faith, philosophy, whatever, or I don’t. If I don’t, then I don’t claim to agree just to put myself in the ‘right’ group. It’s one of the reasons I’m no longer a (practicing or otherwise) Christian. In my experience, most people who call themselves Christian do so because it’s expected of them, and go to church for ‘fellowship’ (What those of us in SF circles get from a good convention) not because they have a ‘belief’ in god. Few of the remainder read the bible, or attempt to find out what it really means to be Christian.

    At one point in the past, I was one of ‘the few’. I took the teachings of the church to heart and tried to make sense of what was expected of me as a Christian. I have read a majority of the Bible (can’t say I’ve read it cover to cover) and I’ve read the scriptures of other religions as well. I was one of those ‘born agains’ once; I consider myself fortunate to have fallen off of that wagon.

    So, please harbor no illusions about ‘saving’ me (I’ve got a GOOHF card for that) or thinking that perhaps I just don’t get it.

    As I pointed out before; Christmas, as a religious holiday, is a Catholic creation. I’ll defer to them as to what that means within a religious context (I ran across an interesting site discussing the twelve days of Christmas while looking around for that site) Yule is also a religious holiday, with it’s own customs.

    I celebrate the secularized solstice holiday referred to in the US as ‘Christmas’, which involves a jolly fat guy who delivers presents dressed in a red suit. We spend the holiday with family and friends, giving gifts and trying to brighten the ‘Winter’ (Winter in central Texas is a frame of mind more than anything else; it certainly doesn’t have much to do with the weather) I also spend time reflecting on what the passing of this year means to me, and preparing to celebrate the New Year.

    I guess, in a way, I still hearken back to the original ‘holiday’, the classic 12 days. But mine is more like 7 days (or 10 days, from the actual solstice to the end of the year) Maybe I’ll have to make up my own mnemonic song…

    Christmas Card humor

    So, I got the inevitable link to a flash Christmas card again this year. This one was hiding out on the servers at Reuters, for some reason…

    (Editor’s note: it has since been moved. Here’s a link to the author’s site)

    Joshua HeldWhite Christmas – Nov 7, 2007

    It just so happens that the version of White Christmas being used to backup the animation is one that I have always liked since I heard it featured on The Santa Clause a few years back. Me being the curious foot chewer that I am, I wrote the following:

    So who is singing that version of the song? I don’t recognize the singer.

    I should have known what kind of response I would get:

    not sure who that is????….sounded/looked like santa to me, with a reindeer accompaniment???????? 🙂 but i realize there are a lot of santa impostors out there….nothing is sacred anymore it seems….everyone trying to cash in on holy-days seasons…..aloha

    Yeah, I really set myself up for that one, didn’t I?

    So who is the voice behind the big red guy? Well, I tracked down the singers on my own. It would be The Drifters. I’m going to put it on my to buy list for next year. Have a Funky Christmas.

    Christmas lists…

    “Dear Buddha, I would like a pony and a plastic rocket…”

    Malcolm Reynolds

    I have a different kind of list in mind. A list of standard rants that I just want to get off my chest. The opportunity for them occurs nearly every “Holiday Season”. So let’s just get to it, shall we?

    First.

    Every year, I hear the same thing. “Holiday this” and “Holiday that” and the counter mantra “they’re taking god out of Christmas”. There seems to be some confusion about the origin of ‘Christmas’. Let’s see if we can clear this up, eh?
    Christmas is a ‘bastardization’ of “Christ’s Mass”, which is a Catholic celebration. The Catholics, being the earliest example of ‘admen‘ on the planet, realized that they could more easily sell their religion if they simply adopted the holidays in the areas that they wished to convert. When they moved into Northern Europe, they took on the holiday known as Yule and incorporated it into their religion as the day of Christ’s birth (even though it’s considered most likely that the date would have been in spring) ergo, “Christ’s Mass”. (Mass being what a protestant refers to as a ‘sermon’) What I’m getting at is, if you are calling the holiday ‘Christmas’ and you aren’t a Catholic, you are referring to the secularized holiday formerly known as Yule. There is no need to further secularize it by calling it a “Holiday”.

    (I was at a charter school the other day that is hosted at a Catholic Church, and they actually used the phrase “Holiday Party” to describe the Christmas Party. If there’s one group that should be using the word “Christmas” it’s the Catholics)

    So, if you hear me wish you a “Merry Christmas”, it’s because “May your feast of the Winter Solstice be enjoyable” is too cumbersome to say repeatedly.

    Second.

    “Jesus is the reason for the season”. See the above rant. Axis tilt (22.5 degrees) is the reason for the season. Lack of sunlight causing depression is the reason for the celebration. Marketing is the reason that Jesus is associated with the season.

    Admen everywhere should give thanks for their unique heritage; and I really don’t understand a protestants insistance on associating Jesus and the Holiday formerly known as Yule. I thought they wanted to get away from Papal edict?

    Third.

    For some reason, the last few Christmas seasons have occasioned messages in my inbox exhorting us to rediscover our ‘Christian roots’, telling us to hold tight to our language and our culture. Most of them have declarative statements similar to the following:

    “…Christian men and women, on Christian principles, founded this nation, and this is clearly documented.”

    Anyone who has done more than a cursory hours worth of work on the subject KNOWS that this is incorrect. If you are talking about the ‘Founding fathers’, then you are talking about educated men for whom the dogma of organized religion represented the belief system of the past. True men of the enlightenment age (most of them) while they still professed a belief in god, they were not ‘Christians’. Fully half of them were acknowledged ‘Deists‘, which is the belief system of the true ‘father’ of the philosophy that is enshrined in the founding documents, John Locke, who first wrote the famous phrase as life, liberty, and estate (Jefferson changed the last to “Pursuit of Happiness” for various reasons)

    But, the basis for this (country and philosophy) is not Christianity!

    If, however, you are talking about the average people who founded this country…
    …Then you would also be mistaken. From Buddhism to Zoroastrianism America has been host to every religion known to man, and those who came here weren’t told to “check their religion at the door”. We don’t even “Speak English” as some of the posts assert (the British would attest to that quite readily) walk into any major city and see how many languages you run across.

    While I despise the word “multiculturalism” as much as the next guy (the next guy probably being blissfully ignorant of Postmodernism and it’s adherent’s dismissal of objective reality and reason. Reason being the basis for Humanism and the Enlightenment, this country’s REAL foundations) the “Melting pot” that is America isn’t something that happens instantaneously; and as with any alloy, the base material is changed by what is added.

    Yes, I know, I’ve ruined Christmas for you. I’m sorry but, the world isn’t as simple as you want it to be, it won’t change just because you think it should, and like those toys you bought for the kids, it won’t go back in the !@#$%^&*! box so that you can return it to the pimply clerk that sold it to you so that you can just get the preassembled one that has all the pieces in the right place! The kid will be happy for the gift anyway, he probably won’t notice the missing parts, and the world will continue to spin on it’s (tilted) axis whether we will it or not.

    Just relax, sit back, and have some more eggnog (or whatever your beverage of choice is) it’s just a few more weeks and then we’ll have a whole new year of problems to deal with. Now isn’t that a refreshing outlook?

    …Oh, and Merry Christmas!