Skip to content

Digging Out of a Snowy Dilemma

It is no secret that Michigan, like much of the American Midwest, experienced  one of the coldest and snowiest winters in living memory (itself a very short time in the span of centuries and millennia) in 2013-4.  One of the issues, long dormant in the bygone era of relatively mild winters, is snow removal.  Headlines about city and county budgets under stress due to overtime and road salt/sand costs incurred in excess of what is planned to deal with a normal northern winter.  Where this writer lives, in Charlotte, a small town in mid-Michigan, another issue the record-setting snowfall raises is:  Who, if anyone, ought to keep the sidewalks clear?

Many cities have ordinances on the books requiring homeowners to clear the sidewalks in front of their homes within 24 to 48 hours of snow falling, if the accumulation is as great or greater than a certain minimum amount. Jackson, Michigan, for example, requires snowfall of 4 inches or more to be cleared within 48 hours of when the snowfall stops.

Pedestrian use of sidewalks was a major factor in Council’s 4-3 vote in favor of the proposed ordinance, which takes effect at the start of the next ‘snow season’ on October 1st and it remains in effect yearly through April 30th.

Homeowner/business responsibility for city property maintenance was the source of much push-back on this issue.  Several speakers at Council meetings, as well as a majority of those who wrote to us, objected to having to clear the City’s sidewalks; the counter-argument of those of us in support was that homeowners have to mow the boulevards in front of their homes, even though that, too, is municipally-owned.

Old age and disability also figured in the debate, as speaker after speaker pointed out that many homeowners were elderly and thus unable to shovel their walks.  (Figures given for the size of Charlotte’s senior homeowner community were often greatly exaggerated, with at least two citizens stating that the formed a majority of the population; one basic lesson of making public policy is to be sure of one’s facts, and a quick visit to www.census.gov revealed that only 14% of our residents are seniors, versus 20% who are school-aged children – primary users of sidewalks during the winter months.  Pointing this out helped to blunt that objection.)

Humanity and common sense ought to inform policy-making, and they did here, as our Mayor and other members of Council suggested that we learn from the experience of neighboring cities and crate a volunteer group to connect residents willing to help with those unable to help themselves.  For ‘snowbird’ residents who prefer warmer climes in winter, options exist to contract for snow removal when no neighbor, friend or Good Samaritan exists to care for their property.  (In their own self-interest, having the sidewalk cleared would help to keep their homes from appearing uninhabited to would-be burglars.

Finally, politics is the art of the possible.  One need not be a Lyndon Johnson to get legislation passed; it takes a willingness to see the other side’s point of view and to take half a loaf when a full one cannot be obtained.  Such was the case here, as the original proposal, made by this writer, called for a 24-hour period after the cessation of snowfall during which sidewalks must be cleared before the City could, upon citizen complaint, take action to either write a citation or to remove the snow and bill the property-owner.  (We chose enforcement via citizen complaint because the City lacks the resources to do primary enforcement – another objection raised to enacting this ordinance.)  We settled for a 48-hour period, which was necessary to cobble together a majority, even though it cost one vote that supporters might otherwise have had, from a colleague who thought that too long.  Two votes gained, one lost, and an ordinance enacted that was not anyone’s first choice, but was acceptable to a majority.  (In recognizing that things may not go as the majority envisions, this ordinance is only on the books for three years, thanks to a ‘sunset’ provision, and will have to be re-enacted before expiration to remain  in force thereafter.  This makes the snow-removal ordinance an experiment in public policy, renewable if it earns it, but otherwise set to melt away if it fails to work as intended.)

With the days growing longer and the temperatures beginning their slow ascent toward the warmer regions of the thermometer, we will have all summer to plan for coordinating volunteers before the next installment of ‘Pure Michigan’ winter.

Crumbling Infrastructure and Local Taxation: Asking Voters to ‘Ignore the Blonde’

Many older American cities have aging roads, sewers, bridges, dams and other public works commonly called ‘infrastructure’ in public debate.  Local taxes, often in the form of ‘millages’ on property but sometimes assessed on income, pay for infrastructure maintenance in many places; these are often the only taxes that voters have a direct say about. With stagnant real wages since the 1970s and rising levels of taxation (at all levels), inflation and public debt, many voters are wary of entrusting more of their hard-earned money to government, even though local government, composed as it is of their neighbors, is the one closest and most accountable to them. What, then, should citizens ponder when faced with the need for maintenance funding, either as voters and tax-payers or as local officials?

(Budget cutting is a popular choice for many limited government advocates, but smaller communities like the author’s – Charlotte,Michigan – have experienced the whipsaw of declining property values, which means lower tax revenue,along with state revenue-sharing cuts, even as inflation and pension-related legacy costs have risen.  The easy cuts were made years ago; in our case,60% of the municipal budget pays for 16 police officers – enough to man a 24/7operation with no excess,and  five firemen to anchor a volunteer department.  Add the public works department – the folks who,among other things, repair the roads, and you’re up around 80%; the city manager, treasurer, city clerk and assistant, a downtown development authority director plus a shared secretary account for most of the rest.  City employees make an average of $47,700 a year, their salaries are fairly modest and cutting them further than they have already been would cause hardship and possibly an exodus of those able to leave.  A city like ours would have to eliminate retiree benefits and run a bare-bones operation incapable of anything but basic day-to-day operations to achieve significant additional savings to devote to street repair; thus the focus of this study is on raising additional revenue.)

Tullock (1959) asserted that one of the problems of voting behavior was the tendency of majority voting systems to favor those who vote in their own narrow self-interest, in coalition with others who do the same, in a process that he termed ‘log-rolling’ or the trading of votes for what favors one for that which favors another, to the detriment of others who display greater, more disinterested public felicity, whom Tullock termed ‘Kantian’ voters.

Since most people, including those who hold office, elective or otherwise, in government, act in what they perceive to be their own interest, sub-optimal policy outcomes are not only a possibility, but a near certainty in situations where decisions are made, directly or through elected representatives, by majority voting.  Majorities form to benefit themselves at the expense of all community members, and as their interest in maintaining their peculiar advantage generally outweighs that of any individual who does not so benefit, they can easily band together to maintain their privileges by direct opposition to attempts to roll them back, or by banding together with other interest groups to trade support for the rents that  each collects from the general population.

In terms of road funding, while contractors benefit from construction activity, their numbers, at the small-town level, will be dwarfed by those who prefer to use a public good – the streets – without having to pay for them. Tullock’s theory would predict that those who are asked to pay taxes for road maintenance might conclude that their tax payments would exceed their estimation of the benefits they would derive from better roads and therefore would vote to oppose funding repairs, at least for so long as the roads were drivable.

Regan (1989) examined the problems of infrastructure maintenance and identified two tendencies that worked against rational policy-making.  The first is, ‘Cut the ribbon and run,’ where the positive press generated by new public works motivates their construction, but regular maintenance does not.  The second problem is the existence of, in a typical municipal setting, two budgets: a general fund and a capital budget.  The former pays for current expenses out of tax revenue while the latter is often bond-funded, with costs deferred over a period of years but with the borrowed money available for immediate use.  This creates a scenario where maintenance is deferred and where there is more motivation among policy-makers to replace aging and under-maintained infrastructure with new public works, generating the ‘ribbon-cutting’ moments prized by politicians.  Thus, it makes political, but not economic sense, to let infrastructure decay and be replaced before its normal service-life would otherwise dictate instead of prolonging its’ existence through regular maintenance, as these same political leaders might be expected to do with their homes and other personal possessions.

Regan argues (p. 184) that an explicit covenant be included whenever the full faith and credit of the public is put behind a bond issue intended to fund infrastructure: Funding for regular maintenance should be mandated, so that bond-holders have better assurance that their interest and principal will be repaid from the revenues generated by the public works they financed and that the tax-payers only have to pay of infrastructure once over its expected service life. The major downside to this approach, according to Regan (p. 185) is that non-discretionary budget items lessen public officials’ freedom of action, and thus their accountability.  The existence of multiple, significant non-discretionary line items may lead to greater ills than deferred maintenance does, at least in the short term. Regan’s proposed solution, based on New York City’s charter reforms of the late 1980s, is to require a multi-year capital maintenance plan, with specific responsibility for each piece of infrastructure assigned to the appropriate agency, and a price tag for maintenance calculated by professionals from the field of work in question. This process would allow for open discussions and decisions to be made, and if funds available for all uses do not rise to the level necessary to pay for them, then a decision to cut maintenance, as ‘the lesser of two evils,’ would be made with complete foreknowledge of what that means for the future.

Public Sector Failure

The late James Buchanan, the co-author of Public Choice Theory use the term ’public sector failure’ to describe situations where sub-optimal outcomes occur as a result of the operation of the political process.

Alternative scenarios to this involve voters acting with something akin to ‘enlightened self-interest,’ which requires an initial act of trust and altruism that they expect to be reciprocated by others.  Or, to borrow dialogue from a scene from the movie A Beautiful Mind where several college students gathered at a local bar are admiring a beautiful blonde woman, collective benefits can derive if everyone will cooperate and ‘ignore the blonde:

If we all go for the blonde and block each other, not a single one of us is going to get her. So then we go for her

friends, but they will all give us the cold shoulder because no one likes to be second choice. But what if none of us

goes for the blonde? We won’t get in each other’s way and we won’t insult the other girls. It’s the only way to win.

(Source: http://www.imdb.com/title/tt0268978/quotes)

Ground Truthing the Theories:

‘Ground Truth’ is a military colloquialism for knowing what is actually happening as opposed to what is reported in intelligence estimates.  The term is similar in meaning to what one finds when a variant of it is used in social sciences.

Glaser and Strauss (1967) formulated an inductive method of social science research the termed ‘ground truthing.’ The concept is, simply, that, validating data from physical observation and measurement helps to support or call into question what modeling based on samples and statistical processing purports to be reality. Aaron Strauss (2009) developed their theory further and applied it specifically to voter perceptions of candidate statements during elections.  He argued that voters validate those campaign statements on topics with which they are familiar against their own experience, effectively ‘ground truthing’ them as they weigh their choices.

What Strauss’s research suggests aligns with both experience and common sense:  Voters are more likely to support proposals for projects they have some knowledge of and whose reasonableness is evident.  That does not mean that asking for money will become easier, only that the chances of success in getting  voters to ‘ignore the blonde’ and accept loss of income likely in excess of their individual benefit from the infrastructure it funds increases with the clarity and simplicity of the proposal being made.  If we intend to continue expecting a quality of life that good infrastructure supports, absent an economic boom, then local leaders will have to convince people that the decay they see will be mended by the proposals they are asked to approve, even at the risk of being unpopular for doing so.

Sources:

Buchanan, James. (1962) The calculus of consent. Liberty Fund, Inc. Indianapolis, IN.

Crawley, Western Australia. Regan, Edward. (1989) Holding government officials accountable  

     for infrastructure  maintenance.

Proceedings of the Academy of Political Science, Vol. 37, No. 3: Restructuring the New York City

Government: The Reemergence of Municipal Reform.

Strauss, Aaron. (2009)  Political ground truth: how personal issue experience counters partisan

     bias. Princeton University doctoral dissertation. Princeton, N.J.

Tullock, Gordon.  (1959) Problems of majority voting.  Journal of Political Economy, vol. 67,

no. 6 (Dec.)

NSA seizes full control of targeted iPhones via DROPOUTJEEP malware

Lloyd A. Conway:

The assault on our civil liberties, including the right to privacy and our Fourth Amendment guarantees regarding search and seizure continues. Thankfully, there is enough information available through alternative media sources to maintain a semblance of a free press that can act as a true Fourth Estate to check and balance the abuse of power by those in public service.

Originally posted on Engineering Evil:

Dec 30, 2013
                

The NSA developed in 2008 a software program for iPhones that can selectively and stealthily deliver data from iPhones to the NSA. The program is called DROPOUTJEEP. News of the malware is the latest to come out of the ongoing Snowden document media bonanza.

 

DROPOUTJEEP can read and retrieve SMS messages, contact lists, voice messages, and the iPhone’s location via GPS and cell phone towers. It can also remotely activate the microphone and the camera.

In short, DROPOUTJEEP can gain full covert “command and control” over any iPhone on which it is installed.

View original 249 more words

Living History – Veterans’ Day Edition

Recently, I had the privilege of spending an evening with two World War II vets – ‘General R,’ age 89, and another gentleman, 91 spry years old, who shared their memories of the war with their companions.  General R wanted to join the Army Air Corps before Pearl Harbor, but he was turned down due to a lack of the requisite two years of college education.  He turned to the Canadian Royal Air Force, who were more than happy to have him.  After training on a cloth-winged biplane, he found himself in the cockpit of an RAN Hawker Hurricane.  In 1943, after obtaining a release from the RAF, Gen. R joined the Army Air Force, which was less concerned then with college than with combat experience.  Back in Great Britain, he flew many more missions until being shot down in late 1944, which provided an opportunity for him to be a guest of the Germans until the end of the war and his release.

Returning several years afterward to service, this time with the Air National Guard, he serve ed until the mid-1970s, retiring just as F-15s were  being added to the inventory. From biplanes to jet fighters….

The other gent, a natural storyteller and a ‘live wire’ despite his years, spent the war with the Naval Armed Guard (not the Merchant Marine, as he quickly corrected me).  He left ‘the Triple C’ (Civilian Conservation Corps) camp where he was living and working to enlist as soon as the news of Pearl Harbor reached his camp. These sailors manned armed merchant ships, and my dinner companion spent his time in the North Atlantic, in a contest with U-boats to get supplies through to the front, and to the English people who sacrificed so much during the war.  The contest didn’t always end successfully, as my companion spoke of spending the night on an iceberg after his ship was torpedoed and sunk.  (They did calisthenics to stay warm until a rescue ship could come to their aid.)  The U-boat threat was so real to them that they slept on deck, in life jackets, on their homeward voyage after V-E day, just in case a young U-boat captain wanted to get in one last, post-surrender kill before returning home.

He closed by relating some of his post-war adventures, and then added that he wished he were 21 years old so that he could do it all over again.

It was a nice way to spend an October evening, especially as I’d said good-bye for the winter to herb and Gladys, our snowbird neighbors, who’d just departed for Florida.  (Herb served in the Pacific Theater and remained spry enough to do yard work this summer, though he stopped hand-mowing his lawn a couple of years ago.)

Last Thursday, I had the opportunity to hear more memories retold, as ‘Chief M,’ a retired warrant officer, related to us, at a unit alumni dinner, his experiences in Europe as an infantryman, and how he finished the war in the Philippines, as his unit was one of several shipped across the globe after V-E Day for Pacific service and potential use in an invasion of Japan’s home islands.

My own service never involved anything as dangerous or exciting as what these combat veterans experienced.  Too young for Vietnam, I was nearing the end of my service by the time we entered the post 9/11 era and my turn never came to see overseas war service.  However, while the ‘hot wars’ passed me by, I did serve in Germany during the ‘Cold War,’ and once visited its crucible, Berlin, for urban warfare training in 1982 while a member of the 3rd Infantry Division. Berlin was divided then, before the Berlin Wall came down, and the West was free, while the East was under Communist rule.  However, the treaties signed by the World War II Allies included visitation rights for each of the four signatory powers (the United States, the Soviet Union, the United Kingdom, and France).  Those treaty rights were our passport to a day-trip to East Berlin.  That day, spent amidst the dreary ruins of a metropolis only partially rebuilt, dreary even on its signature street, Unter Den Linden, once the German capital’s showcase, and the 24 crosses we counted that were erected in on the western side of the barrier zone to mark where would-be escapees were gunned down by East German guards within sight of the freedom that they were willing toy risk their lives to obtain, made for a more powerful education than anything written in a book could’ve imparted.

What follows are the pictures I took during that visit in the spring of 1982.

CheckpointCharlie

This is Checkpoint Charlie, the gateway from West to East through the Berlin Wall. I took the photo from the back if the 2 1/2 ton truck we rode in.

Berlin2

The other side honored its veterans, too. 5,000+ were interred here, we were told.

Berlin4

They were big, serious-looking, sharp and precisely uniformed and did their drill movements with snap and precision. Their faces never betrayed the slightest trace of emotion.

Self

We wore our “Class ‘A’ ” greens to East berlin, minus name tags. This is me in a photo taken at about that time. I was a Sp/4, an infantryman assigned to the 1st Battalion, 4th Infantry in Aschaffenburg, West Germany.

This space, and my time, are not enough to recall all the other stories, of elder relatives who served in Korea and Vietnam, and in earlier wars going back to our country’s founding, or even my maternal Grandmother’s stories about growing up in the encampment of the 42nd Highlanders, (‘The Black Watch’), and on and on.  If you have the opportunity to sit next to one of those who swerved, be sure to ask about their stories, because they will pass away with their bearers and will be lost to us someday if not retold and passed down to others.  Their memories are truly ‘living history’ and their retelling our texts for understanding what it was like, in each of the places they went, when they experienced military service – and sometimes war – at the human, personal scale.

Like my dinner companion on that October evening, I wish I was 21 again, so that I could do it all over.

Living History – Bundingen Castle, Germany

Budingen Castle was the redoubt of the Prince-Bishops who ruled the region during late Middle Ages, through the times of the Reformation and before the coming of German unification.  ‘Prince-Bishop’ refers to the dual offices combined in one person who exercise both temporal and ecclesiastical authority.  Before unification in 1871, Germany was a land, and the Germans a people, but they were not a nation, in the political sense.  The Reformation divided them, and figures like the Prince-Bishops played a major role in defending their territory from enemy inroads, as they had against external foes in olden times.  (Bundingen, situated just north of Frankfurt, was by no means unique in this combination of secular and ecclesiastical authority, nor was the practice confined to Germany; Durham was a English ‘County Palatine’ under the authority of a Prince-Bishop for much of the Middle Ages.)  Bundingen also served as a jumping-off point for ‘Volga Germansemigrating to Russia at the timer of Catherine the Great.

One weekend, on a four-day pass, I had an opportunity to leave Aschaffenburg, where I was stationed with the 1st Battalion, 4th Infantry, 3rd Infantry Division, U.S. Army, Europe (USAEUR) and travel to Bundingen Castle.  The pictures that follow I took while there on tour.

A Bundingen streetscape.

A Bundingen streetscape.

Street-level view of a portion of Bundingen Castle.

Street-level view of a portion of Bundingen Castle.

Wall painting in Bundigen Castle  -Photo by Author

Wall painting in Bundigen Castle
-Photo by Author

Battle Shield from the Budingen Castle armory -Photo by Author

Battle Shield from the Budingen Castle armory
-Photo by Author

Budingen5

These warrior-preists were of short stature, by modern standards. I doubt if anyone over 5’4″ could’ve worn this suite of plate-mail.

Arms of the Prince-Bishop: swords and cross-bow.  [Not pictured: the two-handed sword, 5' in length, meant for mounted employment.]

Arms of the Prince-Bishop: swords and cross-bow. [Not pictured: the two-handed sword, 5' in length, meant for mounted employment.]

The end of the cycle of wars begun after Martin luther nailed his ’95 Theses’ to the door of a Wittenburg church marked the beginning of the end of the Prince-Bishop’ power.  Having outlived the hour of their greatest need, they gradually sunk into a respectable oblivion, finally surrendering all feudal rights and privileges with the rest of the German nobility in 1919 with the advent of the Weimar Republic.  The castle has, however, remained in the same family for over 700 years and is a popular tourist attraction down to the present time.

 

Living History – Aschaffenberg, Germany

Aschaffenburg, (West) Germany, was my home for two years as an infantry soldier in the U.S. Army’s 3rd ‘Marne’ Infantry Division from 1981-83.   Like virtually every place in Europe, ‘A-Berg,’ as it was known to the G.I.’s stationed there, had seen a lot of history.  Over a thousand years had passed since Aschaffenburg was settled by the German ancestors of today’s townsfolk.  The city, northernmost in Bavaria, sits aside a bend in the Main River, and is also called ‘Aschaffenburg-am-Mein.’

Main River as seen from Johannisburg Palace, aschaffenburg

Main River as seen from Johannisburg Palace, Aschaffenburg
-Photo by Author

Another view of the main River from Aschaffenburg
-Photo by Author

The year of my arrival, 1981, was celebrated as the 1,000th in the history of the local cathedral, the Basilica of Saints Peter and Alexander.  This basilica church added some Gothic elements over the centuries, and has served as the center of town for all of its existence.  The visitor can see elements that have been added over the centuries, like layers of strata in a rock formation, each telling something of the times that authored them.

Basilica Church of Saints Peter and Alexander - detail view -Photo by Author

Basilica Church of Saints Peter and Alexander – detail view
-Photo by Author

The Sandkirche is another Aschaffenburg church with some history to it.  Built during the Counter-Reformation era, it features art and architecture that survived World War Two intact – alone among they city’s churches.  The Rococo style is ornate and one of the finest examples of its’ genre.

Sandkirche - detail photo of statue above the front entrance. -Photo by Author

Sandkirche – detail photo of statue above the front entrance.
-Photo by Author

A Renaissance-era castle, the Schloss Johannisburg, dominates

Schloss Johannisburg -Photo by Author

Schloss Johannisburg
-Photo by Author

the skyline and is one of the leading attractions of the city.  The building complex and parkways take at least a full day to enjoy and appreciate.

The cityscape, especially in the ‘Old Town,’ is medieval in character and preserves the feeling, even amidst modern intrusions like electric lighting, an air of traditionalism that is charming and genuine.

An Aschaffenburg streetscape. -Photo by Author

An Aschaffenburg streetscape.
-Photo by Author

View from the Author's barracks window (Fiori Kascerne). -Photo by Author

View from the Author’s barracks window (Fiori Kaserne).
-Photo by Author

Aschaffenburg did not lack for more modern attractions, however: It boasted an underground mall, a train station and a Hard Rock Cafe, among other evening hangouts frequented  by locals and G.I.s alike.  Some of the historic attractions, like the Heylands brewery, in operation since 1792 (closed in 2001), where one could enjoy ‘Aschaffenburg’s Grossest Bier,’ had attractions beyond the historic, especially for young G.I.s.

AbergHardRock

Aschaffenburg’s Hard Rock Cafe – Photo by Author

History is all around us; it is certainly easier to find in the Old World.  However, it can be found virtually wherever one lives, and while it may span a millennium, it’s still history – and it’s there to be enjoyed, appreciated and passed on to the next generation.

Living History – Hippocrates’ Sycamore Reborn in Michigan

Hippocrates, ‘the Father of Medicine,’ taught his students while seated under a sycamore tree.  That tree lived for centuries and was famed as the place where Western medicine was born.  Although the original no longer lives, a cutting from it has been brought to life and now grows in northern Michigan.  This is not the first cutting from the famous tree to be planted abroad; the original tree has itself given way to a cutting taken from itself, making the Calumet tree a grandchild of the famous tree.  Other cuttings have taken root on medical school campuses, appropriately enough, and grow to become living symbols of the first medical school classroom.

Their sometimes millennial lifespans make trees living witnesses to history.  Other famous trees that have survived the centuries to stand as markers of famous pasts include the ‘Major Oak‘ under which Robin Hood and his outlaw band used to gather and ‘Tree of One Hundred Horses,’ a Sicilian Chestnut which has lived for perhaps 4,000 years on the slope of Mt. Etna, only eight kilometers from the volcano’s mouth. Legend has it that a troop of 100 horsemen took shelter under its’ branches during a thunderstorm.  It is a candidate for the largest tree, by girth, on Earth.

The Cedars of Lebanon were already famous when the Epic of Gilgamesh was composed near the end of third millennium, B.C. Some of the oldest denizens of Lebanon’s slopes may well have looked down on Gilgamesh as he passed by them in their youth.  As the elders of the remaining stands of this once-vast wood matured, they saw their neighbors taken to build Solomon’s Temple, watched Alexander’s Macedonians pass by, and continued t as they aged o have a front-row seat to history being made in that region  of the world that seems forever to make headline news.

Many other examples of famous trees come easily to mind.  These examples are meant to show that history lives in them, as it was often made under their boughs, and we can stand beneath them today, on ground shaded by the same witness as when it first came to fame.  With transplants like the one now taking root in Calumet, one need not even travel to the Greek islands to experience something of this; a scion of the original may be close to home.  This writer looks forward to visiting the Hippocratic Sycamore on his next visit to Calumet, and while it will be the shores of Lake Superior before him, it will be easy enough for imagination to take flight, and for a moment he’ll be in ancient Kos, where this tree’s life and fame began.

Living History: The Michigan Shakespeare Festival

The Michigan Shakespeare Festival begins another season of bringing the Bard’s plays to life at Jackson Community College.  This year, their offerings include ‘Twelfth Night’ and ‘King John,’ a rarity on the stage and of especial interest to the historically-minded, as the Prince whom Robin Hood foiled would go on to sign Magna Carta, whose 800th anniversary is less than two years from now.

Living in the shadow of his  elder brother, Richard III ‘The Lionheart,’ and having been a youth when Thomas a’Becket was martyred by his father, King Edward II.  The Crusades dominated the era, and the temporal power of the papacy reached its’ zenith. The latter development figures in the play, as King John, to preserve his throne, offers to become the Pope’s liege-man, making England his feudal territory, which the Holy see then returned to John as a fief.

The season’s just begin in Jackson, and ‘King John’ is a rarity upon the stage.  Having seen both plays this weekend, this author can recommend them, in the latter case, especially so, as the opportunity to see it acted may be long in coming.

The Third Amendment: Still Relevant

Of the original 10 amendments known as ‘the Bill of Rights,’ the one least-known, and the only one never the primary subject of a Supreme Court case is the Third Amendment, which the Founders added to the Constitution because of their memories of the abuses visited upon them by the British ‘Quartering Act.’  Until now, there has been virtually no legal action of any kind that cited it (with Griswold v. Connecticut a notable exception).  Until now.  A Nevada family claims to have been terrorized  by local police who wanted to occupy their homes for ‘tactical advantage’ in dealing with an alleged crime in a neighboring home that had nothing to do with them.  Their refusal of entry to the police led to their door being knocked down, a family pet being pepper-sprayed, abuse and threats hurled at them before an arrest leading to dropped charges after a short jail stay, and to the lawsuit in question.  their suit claims, among other things, that the arrest and detention were merely tactics to facilitate entry and occupation of their property, and that said occupation violated the Third Amendment, which reads:

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”

If one accepts the idea that human nature is a constant, and that human affairs often reprise, without actually repeating, the actions of past epochs, it may not be surprising that something as long-dormant as the occupation of private dwellings by government troops (whether called ‘police’ or ‘soldiers,’ SWAT teams and other tactical law-enforcement units train, equip and act like soldiers, rendering the distinction academic) should rise to the surface of our affairs once again.  The facts of the case in question are for a jury to decide; that is as it should be.  What matters more to us, as citizens and students of government, is that this lesson in the fragility of our rights and customs not go unlearned.  Any right that can be taken away in the name of expediency ceases to be one, and becomes merely a custom, an indulgence, to be granted or withdrawn at pleasure.  This is what we should remember – and work to forestall, if we would continue to live in a civil (as opposed to a militarized) society.

Should We Reform Child Support?

Phyllis Schafley comments on the President’s Father’s day message and his call for child support reform in her latest column We Should Reform Child Support.  The unintended consequences of ‘get tough’ legislation aimed at the largely mythical ‘deadbead dad’ is that non-custodial parents who lose their jobs or their health and cannot work are as likely to end up in debtor’s prison as those who willfully shirk their parental responsibilities.  Furthermore, no-fault divorce creates perverse incentives to destroy imperfect marriages unilaterally with most of the financial consequences falling on the injured party – the father, as most divorces are initiated by wives.  This is an acid test of public policy:  Do the consequences flowing from a legislative mandate actually occur, and are there other, unintended ones which do more harm than the good done by the legislation in question.  If child support laws are intended to further child welfare, the answer would appear to be in the negative, as is also the case with the collateral damage caused by divorce law ‘liberalization.’
Perhaps the President’s call for reform will kick-start an overdue national debate on a family life in America and what the government can, and should or should not do to promote it.

 

Follow

Get every new post delivered to your Inbox.

Join 36 other followers