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The Hitchens Post

Christopher Hitchens, British American writer, has died at age 62. Hitchens was a regular columnist for Vanity Fair magazine, wrote for many periodicals, and published several non-fiction books. Known as a polemicist – a writer of screeds, to some of those who disagreed with his viewpoints – he had a superior command of the language and was always an interesting read. An outspoken leftist throughout his early and middle career, his later writings cut across the ideological spectrum on a number of issues. He was an admirer of George Orwell’s works and wrote a book-length biographical essay Why Orwell Matters in 2002. It seems that 9/11 was a defining moment in his life – probably somewhat akin to Orwell’s epiphany in the Spanish Civil War that Communism was not all it was cracked up to be. He saw militant Islam as a threat to humanity, and endorsed President Bush’s aggressive foreign policy and military action against al Qaeda, while expounding and promulgating his atheism in the 2007 book God is not Great.
Hitchens was diagnosed with esophageal cancer in June 2010, which was no doubt partially a result of his prodigious half-century of consumption of cigarettes and Scots whisky. His – apparently last – essay published in the January 2012 issue of Vanity Fair seeks to refute the Nietzschean (allegedly) adage that adversity that doesn’t kill us makes us stronger when describing the ordeals of the various treatments for his cancer. All the while, he maintained his atheism in the foxhole.  While militant atheists like Richard Dawkins tend to be even more obnoxious than televangelists, Hitchens was more amusing than insulting, except toward Islamists. He only bemoaned the prospect of leaving the party earlier than he had expected. I have never been sure why atheism implies there is no immortality of the soul or some kind of life after physical death, or why the existence of God necessarily implies there is. I suppose the former is irrelevant to nonbelievers. In any event, Mr. Hitchens now knows he was wrong, or doesn’t know anything at all.
Here are a few quotes from Hitchens:
On identity politics:
“People who think with their epidermis or their genitalia or their clan are the problem to begin with. One does not banish this specter by invoking it. If I would not vote against someone on the grounds of “race” or “gender” alone, then by the exact same token I would not cast a vote in his or her favor for the identical reason. Yet see how this obvious question makes fairly intelligent people say the most alarmingly stupid things.”
On the pleasures of the senses (which may have been his early undoing):
“I was met by immaculate specimens of young American womanhood, holding silver trays and flashing perfect dentition,” he wrote. “What would I like? I thought a gin and tonic would meet the case. ‘Sir, that would be inappropriate.’ In what respect? ‘At this altitude [a ski resort in the Rockies] gin would be very much more toxic than at ground level.’ In that case, I said, make it a double.”
On Howard Dean’s 2004 candidacy for President:
“I have now several times seen Mr. Dean saying that there is Islamic terrorism in Iraq now, but that there wasn’t any before last March. If this means anything, it means that the activities of the bin Ladenist mercenaries in that country are the fault of George Bush. You can, I suppose, believe that if you care to. But watching, I realized something even more depressing: It’s not just that Mr. Dean doesn’t know anything at all about Iraq, it’s that he doesn’t care. His bored shrug at, first, the overthrow and, second, the capture of Saddam Hussein was a shrug of indifference as well as ignorance. And how can a man who flirts with moral equivalence between Washington and bin Laden expect to be listened to when he talks about a “distraction” from the hunt for the latter? He clearly thinks that the main enemy is at home.”
Anyone with such a flair for prose, even if you disagree with their viewpoint some of all of the time, makes us all richer.
You can read much, much more at
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Serfdom Redux

As a result of the decennial 2010 census, the Republican controlled Texas Legislature drew new Congressional and State House and Senate districts. The Democrats objected, ostensibly because of racial discrimination – assuming that means discrimination against Democrats. A three judge federal court in San Antonio drew new district lines, supposedly “fairer” to Democrats – oops, they meant “minorities.” The Supreme Court stayed the lower court’s redistricting order and will hear arguments January 9, 2012.

Meanwhile, the redrawing and challenge left many candidates uncertain of what legislative or Congressional district they were in and eligible to run for. The primary elections were originally scheduled for March. In order to keep the original primary on schedule, but give time for the candidates in limbo find out where they stand and organize a campaign, Texas Attorney General Greg Abbott suggested that the state hold two primaries: one for the Presidential candidates and local and statewide offices; the other for Congress and the Legislature. An attorney for one civil rights group protested saying, “when you have an unusual election day, minority voters are less likely to turn out.” See the story here. Assuming that she took minority to mean folks with darker complexions or whose, or the first language of their proximate or remote ancestors, was something other than English, isn’t that terribly insulting? Isn’t that saying that those persons are too stupid, too lazy, or too uninterested to find out when election day is? 

Of course, the condescending attitudes of the American left-wingers know no racial or ethnic boundaries. The so-called progressives are the ones who really want a return of the plantation economy and serfdom, a nicer word for slavery. They just know better than to call it that.

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To hear the Robin go tweet tweet tweet.

Apropos of my long time friend and follower (and former DPD colleague) Bob W. who calls me “Robin” (after the Hood, I suppose).
I have updated myself and joined Twitter  — @BobReagan13 — The “Tweets” seem to be a useful way to let those who follow know when I have posted.
Those of you who recognize the title reference are doubtless eligible for AARP membership.
Cheers!
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Up with which?

Headline in today’s Dallas Morning News; “43 Dallas ISD schools make Texas’ growing list of low-achieving campuses”

Yesterday, we received a newsletter from the Dallas Independent School District. It contained an article about the 100th anniversary of Ben Milam Elementary School. A special guest was a 98 year old former student who attended in 1920, whose photo with cutline appear in the story.
 

If the errors in gender and number are not readily apparent to you, then God bless. One might forgive the cutline writer, who may have acted in haste up against a deadline, but not the editor. Perhaps he/she is a product of one of the low achieving campuses. I feel sure that editor was not an alumnus of former pedagogue, and occasional commentator of these pages Gary B.

Or is my gripe pedantic nonsense up with which we should not put?

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Postal Going

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“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds” — Herodotus, Histories.
At the corner of Bryan and Ervay Streets in downtown Dallas, there is a five-story, gray stone building occupying the entire northeast block. On three sides, above the second -floor bank of windows the inscription “United States Post Office and Court House” is carved into the stone. This edifice was completed in 1930 to house the regional postal center and main post office for Dallas, as well as the U.S. District Court for the Northern District of Texas, and various other federal government agencies. It remained the principal locus of the federal government’s presence in the city until 1971, when a new 16 story behemoth opened at 1100 Commerce Street to reflect the humongous growth of the government and its presence in the everyday lives of citizens in the intervening forty years. Of course, in 1971 we had not seen anything yet.
For the first century and a half of our nation, the Post Office was the only federal agency that average citizen came into frequent contact with. Of the enumerated powers of Congress in Article I, Section 8 of the Constitution, the establishment of post offices and designation of post roads is the only one that empowers the lawmakers to provide a direct service to individual citizens. All others powers have been implied – most of the time in Procrustean fashion – by Congress, the Executive, and the Judiciary in the inexorable centralization of power. The Post Office was by far the largest federal civilian activity and employer for most of our history. In major cities, the main post office was where one went if they had any business with our national government.
The inclusion of postal service in the Constitution as an enumerated power seems to have been a national security consideration as well as a means for raising revenue. The debates in the first Congress on the establishment of the Post Office and the office of Postmaster General as well as correspondence between Founders such as John Jay, Washington, and Franklin indicate that was the case. There seems to have been little discussion of the merits during the proceedings of the Constitutional Convention in 1787.
It made sense that the national government should have the facility to provide for the mail at the time. In the late 18th Century, as it had been from time memorial, communication between persons out of sight or hearing had to have been by delivery of writing by couriers of some kind. The Herodotus quote above recognizes the intrepid communication facility of the ancient Persian army as a reason for its success in defeating enemies. Communication among the colonies through Committees of Correspondence, who used the post facilities of the day, was essential for the success of the Revolution.
The post was to become and remain for the principal method of communication for the next two centuries. The electric telegraph in the 1840s was the first development in communication that did not require the communicating parties to be in sight or sound of one another. The telephone, radio, and television, were improvements. But written, or at least durable, communications were desirable and even essential for many purposes. Teletype, FAX, and now the internet, made the that possible, and to the detriment of the postal service.
Now, the United States Postal Service, the quasi-public corporation that succeeded the Post Office Department in 1972 may be facing bankruptcy, and the validity of its continuing existence is seriously questioned. Long time Washington Post pundit Charles Krauthammer on national television last week said categorically that it should be abolished and private entities like UPS and FedEx should take over delivery of the mail. Krauthammer is hardly alone.
The USPS is now mainly a conduit for direct advertising, sending and paying bills, and some business correspondence. When was the last time any of us received a personal letter, other than a birthday, Christmas, or other holiday card?
The United States Postal Service has now become a dinosaur, and an expensive, high-maintenance on at that. It is time to consider privatization, as many other countries have done.
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Dew in Dallas

Scotland, that is. Also known as “Little D”  Back during the 1970s, North Sea oil boom, Dallas (Texas) Morning News columnist and chili guru Frank X. Tolbert visited the little village in the far reaches of northern Scotland.  I recently can across this photo (which was published in D&W half-tone in the newspaper then).  Frank noted, among other things, the local distillery produces a Scot’s Whisky known as “Dew of Dallas” which he sampled with approval.

Located at 57 33’N 3 28′ W

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Fat of the Land; Salt of the Earth

In my continuing effort to demonstrate that the main problem with our economy is government regulation, I offer George Will’s column last week in the Washington Post. Will offers the 70 year experience of the founder of Carl’s Jr, fast food restaurants, and his successors.

“In 1941, Carl Karcher was a 24-year-old truck driver for a bakery. Impressed by the large numbers of buns he was delivering, he scrounged up $326 to buy a hot dog cart across from a Goodyear plant. And the war came.

“So did millions of defense industry workers and their cars. And, soon, Southern California’s contribution to American cuisine — fast food. Including, eventually, hundreds of Carl’s Jr. restaurants. Karcher died in 2008, but his legacy, CKE Restaurants, survives”.

Sort of. While CKE is still making hamburgers, hot dogs, or whatever (I’ve never eaten at one), it appears to be still in business, selling lots of food, and coincidentally, employing workers at 3,200 restaurants. Now I know that there are those who scorn the “hamburger flipper” industry is being déclassé at best, but it is in fact an industry that employs a lot of entry-level workers particularly teenagers looking for part-time job, as well as those who may be marginally employable elsewhere. It can certainly be a way station for those unemployed in “their field” while they are looking elsewhere. Aside: I have tried very hard to avoid referring to those who deride certain industries and jobs as “underemployment”, as idiots, but I can no longer help myself. They are.

One of CKE’s current problems which will cause it to at least downsize is Obamacare.

“Obamacare’s complexities, opacities and uncertainties,” CKE says “would add between $7.3 million and $35.1 million to the company’s $12 million health-care costs in the next year.” It appears hard to say where in that spread the costs might land. Earlier this year, when In discussing the future of medical costs in a public forum sponsored by the National Center for Policy Analysis, Parkland Hospital and Health Systems CEO Dr. Ron Anderson, said that the scariest words in the Obamacare act are “the Secretary [of the Department of Health and Human Services] shall” leaving open an incredible amount of power in the rule making process. Who knows what the current Secretary Kathleen Sibelius, who has no aversion to making regulations, or one of her successors, might prescribe. Whatever those regulations may require, we can be certain that they will be so incredibly detailed, arcane, and obscure that it will be impossible for anyone to be in compliance at any given time. (See my essay on the difficulty budding child entrepreneurs have in purveying lemonade published last Saturday 12/3/11.)  There is more.

“Rising health-care costs are, [CKE’s Andy Puzder] says, just one uncertainty inhibiting expansion. Others are government policies raising fuel costs, which infect everything from air conditioning to the cost (including deliveries) of supplies, and the threat that the National Labor Relations Board will use regulations to impose something like ‘card check’ in place of secret-ballot unionization elections.” The prospect of unionized fast food employees sort of boggles the mind, but maybe that’s all part of our nannies’ plan to read us of the plague of burgers and fries.

Chicago Tribune columnist Steve Chapman tends to corroborate that last notion. It his recent column http://www.chicagotribune.com/news/columnists/ct-oped-1201-chapman-20111201,0,419567  he writes of the government’s Institute of Medicine urging the FDA to “gradually step down the maximum amount of salt that can be added to foods, beverages and meals.” war on salt. Chapman quotes Dr. Walter Willett, chairman of the nutrition department at the Harvard School of Public Health, who says that “we must treat sodium reduction as a critical public health priority.”

Is it? We have been hearing about the ill-effects of too much salt for decades. Almost every proponent of a healthy diet includes limitation on sodium intake in their advice. It has become an article of faith among nutritionists and dietitians, and even, it appears most physicians.

According to an article in the July 2011 issue of Scientific American, a respected periodicals dealing with science issues and developments (it has been in publication for over 166 years), researchers “reported that the less sodium that study subjects excreted in their urine—an excellent measure of prior consumption—the greater their risk was of dying from heart disease. These findings call into question the common wisdom that excess salt is bad for you, but the evidence linking salt to heart disease has always been tenuous.” See “It’s Time to End the War on Salt”  This article also cited additional studies that compared sodium intake with blood pressure in subjects from 52 international research centers and found no relationship between sodium intake and the prevalence of hypertension. In fact, the population that ate the most salt, about 14 grams a day, had a lower median blood pressure than the population that ate the least, about 7.2 grams a day.

It seems that Mr. Chapman has a point. But even if the average consumption of salt by Americans might be harmful to their health, he asks what business is it of our federal government. Federal regulators have no grounds to dictate how much our food may contain, Chapman asserts. Any consumers who want less sodium are free to spurn restaurant meals and grocery items laden with heavy doses. Food companies don’t use salt because they like it but because their customers do.

Exactly.

Raising the hue and cry against salt, even if too much of it is a bad thing, reduction in intake by trying to make a public health crisis out of it is counterproductive to such a goal. Chapman maintains that it “mutilates a useful concept. Air pollution West Nile virus and E. coli are matters of public health because they inflict harm on broad groups of people against their will and often without their knowledge.” No one eats too much sodium other than by choice.

Leave it to the nannies, nags, and busybodies. A brave new world may be upon us.

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Can’t make lemonade out of these lemons

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Philip K. Howard, lawyer and author, known for his books Death of Common Sense and The Lost Art of Drawing the Line, today published an interesting essay on his website the Common Good (and also in this Saturday’s Wall Street Journal in somewhat shorter form) about the over-regulation of our lives and businesses in the present world. This writing began with the news that county officials in Bethesda, Maryland last summer had shut down a children’s lemonade stand because the children failed to procure a license. Now, if there is anything that is the quintessential image budding entrepreneurship, it is the kid setting up a lemonade stand on the curb. That being so, Montgomery County soon backed down after their idiocy garnered national attention, but Howard points our that it is symptomatic of the bureaucratic mentality that bestsets our country in this brave new world. 
Howard’s writing is published on the same day of Associated Press reports that the House of Representatives passed a bill whose purpose is to reduce the number of federal regulations, and that the U.S. Labor Department has proposed new regulations restricting the work that children may perform on farms. The Democrat controlled Senate will probably reject the bill, and the President has threatened to veto it. The farm labor regulations will probably be implemented.
Considering Howard’s essay and the contemporaneous news stories, is it really a surprise that manufacturers of goods and providers of services are moving their facilities to China and elsewhere?
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Snake Skins

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The American Airlines bankruptcy filing strikes close to home for me because several family members are employees of AMR, and my family was affected by a bankruptcy filing by the late, lamented Braniff International nearly 30 years ago.
American Airlines is the last of the so-called legacy airlines to file a bankruptcy. Other than Braniff, those airlines survived in some form as a result of merger and reorganization, and several actually became much stronger and sounder financially.
One thing that strikes many of us as odd, is that presently American has around $4 billion in cash, and has been paying its debts as they become due. Why, then, bankruptcy?
There was a time when bankruptcy was synonymous with failure. Indeed, having a bankrupt in the family was considered a disgrace, and something that was not talked about in public, or even to close friends. One of the reasons that bankruptcy caused Braniff’s ultimate demise was that, unlike the later airline filings, it ceased operations upon filing and attempted to reorganize without any meaningful revenue stream. But at the time Braniff believed that it had no choice, because no one would fly a bankrupt airline because of the perception that it was a failure, and could not provide the transportation service safely. Whether that was true at the time is speculation, but the way that the reorganization scheme and process under Chapter 11 of the bankruptcy code has evolved, the day-to-day operations of most businesses can remain unaffected. This is not true in every case, of course. Witness the Enron debacle of a decade ago. Bankruptcy nevertheless has become just another business strategy to use when financial adversity occurs.

Since I appear in the bankruptcy courts on behalf of creditors (and only creditors – too many possibilities for conflicts of interest in trying to represent clients from both sides), I have a pretty good insight about how this works. Bankruptcy used to mean that a debtor cannot pay his bills so the court would take over his property, liquidate it, and divide up the proceeds amongst the creditors in proportion to the debts owed. The debtor would then be put out on the street with the clothes on his back, if that. Most bankruptcies were involuntary on the part of the debtor. Today, there are still involuntary as well as voluntary liquidation provisions, but the most common types of bankruptcies are either the voluntary Chapter 11 reorganizations, primarily used by ongoing businesses that get into financial difficulty, or Chapter 13, use only by individuals who propose to pay back a portion of the debts they owe according to a plan which meets certain criteria.

The Chapter 11 reorganizations do not necessarily require that the bankrupt entity be insolvent. As matter of fact, that is not often the case. The purpose is to try to save a potentially viable business by giving it temporary relief from the claims of creditors in order to readjust its affairs and pay its debts in an equitable manner (“equitable” here meaning a reduced amount paid pro rata according to the amount each creditors owed).
One of the salient features of the Bankruptcy Code (Title 11 of the United States Code, for those who are interested) is that it allows debtors, or appointed trustees who take charge of the bankruptcy estate, to accept or reject contracts and leases. This allows corporate debtors to get out of onerous financial relationships which no longer make economic sense, without the usual consequences of breach of contract. Labor union contracts are often, and in American Airlines’ case, probably the targets of and reasons for a bankruptcy filing in the first place. The United States Constitution prohibits states from impairing the obligations of contracts, but gives Congress the power to enact uniform bankruptcy laws throughout the Union, which inherently impair contract obligations, as well as property rights (although with regard to property, Congress is restricted somewhat by the due process clause of the Fifth Amendment).
Quite a few sections of the U.S. Bankruptcy Code can be doubtless tied to special interest lobbyists. Regarding complex Chapter 11 cases, the concept that some business entities are “too big to fail” seems to rule. One bankruptcy specialist likened a Chapter 11 filing as akin to a snake shedding its skin – an apt metaphor in many cases. Many economists believe that the economy as a whole benefits from the existence and application of bankruptcy as it has evolved. Creditors, employees, and stockholders (or other equity interest holders) are the ones that take the hit when a large firm goes bankrupt. Usually, secured creditors at least get the value of their collateral, although quite often not without some effort. Thus, those who really benefit from bankruptcy are the lawyers, on both sides.
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Modified Justice

For the past several decades our sensibilities have been assaulted with cries of numerous kinds of “justice” mostly, but not entirely, from the left wing.  We have heard “economic justice”, “racial justice”, “gender justice” (which I would suppose refers to grammatical constructions), and, the ubiquitous “social justice.”  Now at the United Nations meeting in Durban, South Africa, there are demonstrations for “climate justice.”  I have never seen, or found a way to use, any of those terms in a coherent sentence without enclosing them in quotes, as above. Anytime one uses an adjective — a modifier — the word is limited in some manner.  Either justice is just for all involved in the event or transaction, or it does not exist at all.  All of these modified forms of “justice” ultimately involve favoring members of one artificial group over one or more members of another, and disregard “individual justice”, which is also invalid because it is redundant, unlike the oxymoronic others.

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