Impeach Judge Polster

News from last week:

The U.S. Attorney’s Office for the Northern District of Ohio announced that on Friday 16 defendants were sentenced on hate crime charges growing out of a series of assaults on members of a rival Amish group in which the victims’  hair or beards were cut. (See prior posting.) As reported by the Cleveland Plain Dealer, Bergholz Amish bishop Samuel Mullet received a 15 year sentence. Other defendants received sentences ranging from 7 years to just over one year. In imposing the sentences, federal district judge Dan Aaron Polster told the defendants:

Each and every one of you did more than terrorize, traumatize and disfigure the victims. You trampled on the Constitution.

(Religion Clause; emphasis added)

First, let me preemptively deny what a casual reader might suspect:

  • I’m not saying that bishop Samuel Mullet isn’t the mastermind of the attacks on completing Amish groups.
  • I’m not denying that the attacks were meant to humiliate, intimidate and to deprive the victims of an outward sign of their religious identity.
  • I’m not saying that the “beard trimmings” and “haircuts” were not motivated by hatred for the competing Amish.
  • I’m not saying that bishop Mullet’s group isn’t a cult or that he isn’t dangerous.
  • I’m not saying that unauthorized beard trimmings and haircuts shouldn’t be a crime or that they’re not crimes. They certainly are a form of criminal battery.
  • I’m not saying that 15 years is too long a sentence.

I now am saying that not one of the Defendants “trampled on the Constitution.”I am saying that the federal judge who said they did  sounds like a constitutional ignoramus or a motor-mouth, both of which disqualify him for a federal judgeship in my opinion. (I’m probably in a minority. In a world of Judge Judies, we seemingly want our judges to be tart-tongued purveyors of black-robed bread and circuses.)

The Constitution limits government. Got that?

As my constitutional law professor, the late Patrick Baude put it, “If the Pope of Rome, the Chief Rabbi of Jerusalem and the Rev. Billy Graham got together and engineered the assassination of the President because of some common religious animus, they would not thereby violate the Constitution.” The first amendment has no application whatever to what any church, priest, pastor, curate, or other officer of a religious society may do.

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof ….

The Constitution limits government.

There are too may people already who fancy that a Church or pastor can violate the “separation of Church and state.” We don’t need Federal Judges pouring gasoline on that fire.

Federal prosecutors argued that bishop Mullet should get a life sentence. I already hinted elsewhere that a law whereby a man might be imprisoned for life for unauthorized beard trimmings and haircuts if motivated by “hate” is a tool I don’t want government to have. But the prosecutors’ Happy Dance Press Release was a model of sobriety compared the judge’s sloppy extemporizing.

As long as I’m shooting off my mouth, let me add that we muddle matters when we pass federal laws like the “Matthew Shepard-James Byrd Hate Crimes Prevention Act” (under which bishop Mullet was convicted) and call them “civil rights” laws. This summary, which illustrates the muddle, is mistaken – although it’s sharper than most people’s minds seem to be:

Civil liberties are protections against government actions. For example, the First Amendment of the Bill of Rights guarantees citizens the right to practice whatever religion they please. Government, then, cannot interfere in an individual’s freedom of worship. Amendment I gives the individual “liberty” from the actions of the government.

Civil rights, in contrast, refer to positive actions of government should take to create equal conditions for all Americans. The term “civil rights” is often associated with the protection of minority groups, such as African Americans, Hispanics, and women. The government counterbalances the “majority rule” tendency in a democracy that often finds minorities outvoted.

I dissent. “Civil liberties” and “civil rights” are substantially synonymous. I wouldn’t object if someone wanted to say that civil liberties keep the government caged and off our turf, and that civil rights have to do with things we may demand from government – if that list includes only things that are the government’s to give in the first place, such as the franchise, due process, jury trials and the like. But government these days has taken to putting its thumb on the scale balancing the rights of citizens among themselves and calling that “civil rights.” That’s wrong.

The quest for equal conditions for all Americans, insofar as it results in countermanding majority decisions that do not infringe civil liberties or civil rights, is a form of tyranny as it deprives the majority of its right to self-governance. Insofar as it burdens other citizens with obligations to be nice to people they may find odious, or to do business with those they might wish to shun, it is potentially a form of tyranny, and needs very substantial justification.

The Constitution limits government. Including courts. Even if the courts are motivated by a desire for greater equality than the constitution requires.

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Some succinct standing advice on recurring themes.

Deer Hunting with Jesus

I learn a lot of things from a lot of places, especially from listening to people I formerly blew off.

A book with a title like Deer Hunting with Jesus: Dispatches from America’s Class War was kind of irresistible to someone – well, actually, it was my wife – who for some reason – well, actually, it’s because it was on my wish list – gave it to me for Christmas.

All things considered, I suppose it wasn’t too bad. At least I’ve now gotten a flavor of what’s meant by “Gonzo Journalism.”

Joe Bageant is, I guess, a gonzo journalist. He grew up in Winchester, Virginia – unless that’s one of many facts he made up on the fly – and returned to live there after some decades away:

A raucous, truth-telling look at the white working poor-and why they hate liberalism.

Deer Hunting with Jesus is web columnist Joe Bageant’s report on what he learned when he moved back to his hometown of Winchester, Virginia, which-like countless American small towns-is fast becoming the bedrock of a permanent underclass. By turns brutal, tender, incendiary, and seriously funny, this book is a call to arms for fellow progressives with little real understanding of “the great beery, NASCAR-loving, church-going, gun-owning America that has never set foot in a Starbucks.”

(From the book’s own description)

“Joe Bageant is the Sartre of Appalachia. His white-hot bourbon-fuelled prose shreds through the lies of our times like a weed-whacker in overdrive. Deer Hunting with Jesus is a deliciously vicious and wickedly funny chronicle of a thinking man’s life in God’s own backwoods.”
—Jeffrey St. Clair, author of Grand Theft Pentagon and co-editor of CounterPunch

I think “white-hot bourbon-fuelled prose” is a euphemism for “reckless advocacy, indifferent to factual accuracy.”

“Dead serious and damn funny…Bageant writes with the ghosts of Hunter S. Thompson, Will Rogers, and Frank Zappa kibitzing over his shoulder…Takes Thomas Frank’s What’s the Matter With Kansas, to the next level. “
—Mother Jones

“Informative, infuriating, terrifying, scintillating … Imagine a cross between Thomas Frank’s What’s the Matter with Kansas?, Hunter S. Thompson’s booze-and-dope-fueled meditations on Nixon’s political potency, and C. Wright Mills’s understanding of the durability of the power elite.”
—The American Prospect

What’s the Matter With Kansas, from what I hear, was a full-length “how effing stupid are these people!?” But I heard it from conservatives, who Thomas Frank thinks are the beneficiaries of Kansans’ effing stupidity. So maybe I was misinformed.

I’ve accused Bageant of factual inaccuracies, and I owe specifics, I think.

1. First, he says (Chapter 5, page 180 in mine) his parents met “at a Billy Graham tent revival during the Second World War.” I didn’t, and still don’t, think that Graham was doing tent revivals then, but he’s a couple of years older than I thought, and there’s some smallish chance, from his abbreviated biography at Wikipedia for instance, that he did tent revivals as part of his “other preaching engagements” during college. But I’d be willing to bet a modest amount that it was a tent revival by someone other than Billy Graham, or that it was later than World War II.

2. He riffs in the same chapter (page 186) on the “blood” motif in fundamentalist Protestantism, concluding with a quote from an English Professor:

There is a big leap from the liberation of Exodus, when Jews sprinkled blood on their doorposts, to the salvation proposed by Christians, in which blood is drunk by the community of faith. The Christian community not only lives after death by the blood of their Christ; but they feed on it in life. What can this mean, to drink blood?

Well, to a fundamentalist Protestant, “to drink blood” means precisely nothing. It’s pure symbolism. They reckon they’re supposed to have a communion service now and again to recollect Good Friday. The 6th Chapter of the Gospel According to John, where Christ says repeatedly, even to the point of driving away some of His disciples, that we must eat His body and drink His blood if we want life in us, is maybe the only Chapter in the Bible that they resolutely refuse to read literally (even in the loose sense of “literal” that’s pandemic these days). They have elaborate tapdances around that chapter, but basically they reject it because it sounds too damned Catholic.

Bageant was grasping for bloody imagery, grabbed the first faux scholarly blood quote he could find, and in the process confounded a sacrament in historic Christianity with the lurid locutions of Fundamentalism. Even he should know better than that.

3. In Chapter 7 (page 243),  Bageant writes about Medicare when he clearly means Medicaid. I know enough about both that I’d bet you any amount he’s wrong.

Still, the arc of Bageant’s story is credible. Despite the Medicare whopper, for instance, he “shreds through the lies of our times [about “nonprofit” hospitals] like a weed-whacker in overdrive,” in his chapter An Authorized Place to Die. I just wouldn’t rely on him for any little details, such as “and” and “the.” Read him like a good ole’ boy competing in a Whopper-Telling Contest.

Reading his chapter on guns (Valley of the Gun) was especially timely as the press and Hollywood goad us to “demand a plan” for gun control (i.e., “we must do something, even if it’s oppressive and counterproductive, about evil guns, not about an evil entertainment industry that feeds the imaginations of the unhinged with revenge and other gratuitously violent movies and video games.”):

In 1960 common sense was equally distributed between liberals and conservatives. In those days, even liberal personages such as Democratic senator and vice president Hubert Humphrey said repeatedly that guns had a place in the home because history has shown that governments, even the best of them, have a habit of oppressing people who cannot defend themselves at their own front doors. Imagine any Democrat saying that aloud today.

(Page 132.)

Now that most states have passed laws allowing honest citizens to carry concealed weapons, gun advocates are being proven more right than they ever hoped to be. Joy of joys, it is women – in fact, poor urban women – and the poor in general who benefit most from concealed carry laws. It doesn’t get any better than that when it comes to serving up cold crow to Democratic gun controllers. Large declines in rapes and attacks on women have occurred wherever the laws have been enacted. A study by John R Lott Jr., author of More Guns, Less Crime: Understanding Crime and Gun Control Laws, found that the urban poor and minorities lived more safely with guns in their pockets or purses: “Not only do urban areas tend to gain in their fight against crime, but reductions in crime rates are greatest precisely in those urban areas that have the highest crime rates, largest and most dense populations, and greatest concentrations of minorities.” …
Most liberal anti-gun advocates do not get off the city bus after working the second shift. Nor do they duck and dodge from streetlight to streetlight at 1 AM while dragging their laundry to the doozy duds, where they sit, usually alone, for an hour or so, fluorescently lit up behind the big plate glass window like so much fresh meat on display, garnished with a promising purse or wallet, before they make the corner-to-corner run for home with their now-fragrant laundered waitress or fast-food uniforms. Barack Obama never did it. Hillary Clinton never did it. Most of white middle-class America doesn’t do it either. The on-the-ground value of the second amendment completely escapes them.

(Pages 146-147.)

And he chronicles many other such blows as well, including “economic conscription.” The poor Scots Irish of places like Winchester make up a disproportionate share of our cannon fodder, by economic necessity. The Democrats are little or no better than the Republicans on feeding them to the coffins in our wars of choice.

Most of the young soldiers were fleeing economically depressed places, or dead-end jobs like the one Lynndie had held at the chicken processing plant, though many deny it or did not even see it in their quick and ready patriotism in useful blindness to the larger national scheme of things. These so-called volunteers are part of the nation’s defense code draft – economic conscription. Money is always the best whip to use on the laboring classes. 1300 a month, a signing bonus, and free room and board sure beats the hell out of yanking guts through a chicken’s ass.

(Page 200.)

Other select quotes:

When our town’s educators decided to hold a conference on the future employment needs of our youth, the keynote speaker was the CEO of a local rendering plant, Valley Protein, a vast stinking facility that cooks down roadkill and renders deep fryer fats into the goop they put in animal feed. He got a standing ovation from the school board and all the Main Street pickle vendors, and not a soul in that Best Western events room thought it was ironic. (Page 29.)

Even if we are one house payment away from homelessness, even if our kids can’t read and our asses are getting so big they have their own ZIP Codes, it’s comforting to know we are at least the best place on earth. There is America, and there is the rest of the world – envious and plotting to bring us down and “steal our freedom.” (Page 83.)

The reality is that our economy now consists of driving 250 million vehicles around the suburbs and mall and eating fried chicken. (Page 110.)

It has been an orgy so glorious and unholy, so mindless that we have now eaten our seed crop in our spiraling consumerism. (Page 112.)

Independent fundamentalist churches are theologically woolly places whose belief systems can accommodate just about any interpretation of the Good Book that a “Preacher Bob” or a “Pastor Donnie” can come up with. (Page 162.)

After a night of political discussion at Royal Lunch, a British relative, a distant continental member of the Bageant clan, called our gang of locals “the most intellectually squalid people I’ve ever met” – and he had chewed qat with Ugandan strongman Idi Amin’s bodyguards. (Page 206-07.)

We live in an age of corporate dominion just as we once lived in an age of domination by royal families, kings, and warlords. (Page 262.)

If middle-class Americans do not feel threatened by the slow encroachment of the police state or the Patriot Act, it is because they live comfortably and often exercise their liberties very lightly, never testing the boundaries. You never know you are in prison unless you try to open the door. (Page 263.)

I guess I’d give it four stars for the story arc, but I can’t give five stars or unequivocal endorsement to a book so riddled with unsettling errors.

* * * * *

Some succinct standing advice on recurring themes.

The Righteous Mind

It may sound impious to say it on the eve of the Feast of Christ’s Nativity, but I just finished maybe the most important “secular” book I’ve read this year, Jonathan Haidt’s The Righteous Mind: Why Good People Are Divided by Politics and Religion.

Frankly, I think the title may have overpromised on why good people are divided by religion, but I’m too concerned about our divisive (“Manichean” is how Haidt puts it at the end) politics, which he observes shrewdly, not to forgive him for that.

I’ve often had occasion in recent years to accuse liberals of being simplistic – a charge I especially savor since they started accusing conservatives of being simplistic about the time I was in college. It turns out that in a very important sense, I’m right in that charge.

In a prior iteration of moral psychologist Haidt’s work, he was testing only for five moral bases or foundation:

1) harm/care,
2) fairness/reciprocity (including issues of rights),
3) ingroup/loyalty,
4) authority/respect, and
5) purity/sanctity

You can see how you score by taking the Moral Foundations test at YourMorals.org

Liberals base their political views (instinctively – that’s how both sides do politics, with reasons being a sort of press agent to put a patina of intellectual plausibility on something much more visceral) on only the first one or two of those bases. Indeed, it sometimes appears that all they care about is helping folks they see as victims of oppression (the harm/care foundation).

Conservatives tend to use all five (now six, as liberty has been added) moral bases more or less equally.

Further, conservatives and moderates both understand liberals far better than liberals understand conservatives, who they caricature comically at times.

Now for my dirty little secret.  I’m not as well-balanced as the prototypical conservative. I’m almost as low as liberals on one foundation (and that’s lower than a snake’s belly). But I blow away liberals and conservative on another.

I’d say I’m weird, except Haidt uses WEIRD to describe Western, Educated, Industrialized, Rich, and Democratic folks — who are total outliers in the grand global scheme of things. If you want to study human nature, find a lot of subjects who aren’t WEIRD.

This book surely will promote mutual understanding, and in this instance, Tea Party shenanigans of recent years notwithstanding, it’s the liberals who especially need to up their understanding game.

(* I’m not really impious. We had more than 3 hours of Church services this morning and we’ll do another few hours starting at 11 pm. I’m just killing time right now.)

* * * * *

Some succinct standing advice on recurring themes.