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crime and punishment general freedom ideological culture individual achievement judiciary media and media people national politics & policies obituary

Life After Scalia

Antonin Scalia, Justice, Supreme Court, battle, death, Common Sense

President Reagan appointed Supreme Court Justice Antonin Scalia to the nation’s highest court in 1986. Scalia served for 29 years before passing away over the weekend at age 79. May he rest in peace.

None of the rest of us will get any.

Why? An often conservative 5-4 majority is gone. The court is now tied, deadlocked, at 4-4.

“With the passing of Justice Antonin Scalia, President Barack Obama will make another nomination to the Supreme Court,” explained an email from the very liberal Democracy for America (I’m on a lot of lists). “It is critically important that President Obama choose a strongly progressive person who can lead the Supreme Court and our country in a new direction.”

That’s Obama’s prerogative, of course. But the president’s nominee must be approved by the United States Senate — controlled 54 to 46 by Republicans.

And guess what?

Almost as fast, Senate Majority Leader Mitch McConnell issued this statement: “The American people‎ should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.”

Now, our Democratic president could negotiate with the Republican Senate majority, come up with a consensus (yeah, right) or compromise choice (watch out).

But don’t hold your breath.

You may also want to plug your ears. There will be shouting. The media will overwhelmingly take Obama’s side — surprise, surprise— and berate Republicans for obstructing.

Republican Senators have a constitutional duty to provide advice and consent to the president’s pick. Unless Mr. Obama’s choice will improve the High Court, those senators should withhold their consent.

This is Common Sense. I’m Paul Jacob.

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Antonin Scalia, Justice, Supreme Court, battle, death, Common Sense

 

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obituary

Barbara Branden (1929–2013)

Barbara Branden died last week in her 85th year.

A writer with a devoted following, Ms. Branden published many articles over the years — on politics, economics, literature, film, methods of clear thinking, smoking and other subjects — and was a popular public speaker, impressing audiences with what Stephen Cox calls her “charm and personal persuasiveness.” But she was best known for her acclaimed 1986 biography The Passion of Ayn Rand. The book was recently published in a Kindle ebook edition, and Barbara emailed an enthusiastic announcement to friends and colleagues.

Passion tells the story of the famous novelist and philosopher (1905–1982) whose novel Atlas Shrugged has been getting even more attention in recent years — thanks to cinematic adaptations and, not least, parallels between Rand’s dystopian tale and political horrors of the present era.

Ms. Branden (then Weidman) approached the Russian émigré as an enthusiastic admirer of the elder author’s second novel, The Fountainhead. She quickly became Rand’s close friend, an integral part of a tumultuous inner circle. She co-wrote an early biographical treatment, Who Is Ayn Rand?, in 1962, and maintained close business and personal ties until a traumatic parting of the ways six years later over a love triangle — or, more properly, rectangle.

No wonder, then, that Barbara said that for many years she had been unsure that she could tackle such a project objectively. Only when she felt that she had come to terms with her tumultuous years with Rand (she met her mentor only once after their break) did she write the book that only she could write.

An admirable thing, to rise above bitterness.

This is Common Sense. I’m Paul Jacob.

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individual achievement

Just a Lot of Hard Work

Did it take courage to do what Bob Fletcher did?

Fletcher was a California resident who died this June at the age of 101. The New York Times reports how he helped Japanese neighbors after the U.S. began interning Japanese-Americans living on the West Coast, a shameful policy adopted after the bombing of Pearl Harbor. (Some Germans and Italians were also interned during World War Two, but not on the same scale.)

In 1942, Al Tsukamoto asked Fletcher to run the grape farms of two family friends during their internment, in exchange for the profits. He agreed to manage those farms and Tsukamoto’s as well, working the total 90 acres for three years. He kept only half the profits.

“He saved us,” says Doris Taketa, who was 12 when Fletcher agreed to take care of her family’s farm.

Many other interned Japanese Americans lost their property.

Some Florin, California residents were upset with Fletcher for helping the Japanese. Even before the war, they had resented Japanese success.

In 2010, Fletcher recalled that he “did know a few [of my Japanese neighbors] pretty well and never did agree with the evacuation. They were the same as anybody else. It was obvious they had nothing to do with Pearl Harbor.”

Fletcher downplayed his virtue in saving the livelihoods of his Japanese neighbors despite the hostility of other neighbors. “I don’t know about courage. It took a devil of a lot of work.”

Yes, he worked the farms, kept paying the taxes, and made money, too. I call that the happiest of possible outcomes: doing well by doing good; saving his neighbors at a profit.

This is Common Sense. I’m Paul Jacob.

Categories
free trade & free markets ideological culture individual achievement too much government

None of Us Are Angels

An old thought: Were we all angels, we wouldn’t need government. Indeed, were we angels, it wouldn’t matter what kind of government we had.

But we’re not angels. We have limitations. Each one of us judges according to our own context-ridden conception of advantage and value, bound by our differing perspectives and situations. Despite our love for others, that love isn’t infinite and it doesn’t often trump our perceived self-interests, and it certainly isn’t angelically unlimited.

So we need something very much like government, and that government needs limits.

We need protection from criminals, but we also need protection from those who would protect us, who can — with “government power” — usurp their roles and become criminal themselves.

This is, I repeat, a very old thought.

Yet it seemed new when James Buchanan and Gordon Tullock advanced something very much like it with their book The Calculus of Consent, and in the many great contributions of their separate careers.

James M. Buchanan died this Wednesday. Before his contributions, economists typically assumed that public servants would swoop in like saving angels, setting the world aright according to the latest mathematical models, disinterestedly, without partisan passion or individual error.

Naive in the extreme.

Thanks to Buchanan, economists today occasionally go so far to confess that though markets often “fail,” merely appointing government to “fix” markets can put us in a bigger fix, since government failure is rampant. Government isn’t magic. It doesn’t change our natures for the better merely by being instituted, or by being called “government.” Power still corrupts, and economists now have to deal with that ugly but unavoidable fact.

By showing us that we’re no angels, Buchanan put himself on the side of the angels.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture individual achievement

Commemorating Alan Bock

Journalist Alan Bock died in May after a long struggle with cancer.

In addition to many articles penned as an editorial writer for the Orange County Register as well as for various magazines, Bock also wrote four books: Ecology Action Guide, The Gospel Life of Hank Williams, Ambush at Ruby Ridge: How Government Agents Set Randy Weaver Up and Took His Family Down, and Waiting to Inhale: The Politics of Medical Marijuana. The last two deal trenchantly with government assaults on our liberty — assaults as foolish as they are destructive.

In his obituary for the Orange County Register, Greg Hardesty reports that Bock “cultivated a loyal following as a passionate defender of individual liberty and freedom.” He “cut a figure as a bookish intellect — yet one whose friendly, easygoing nature endeared him to family, friends and colleagues.”

Representative Dana Rohrabacher recalls that Bock “smiled every time he made a point that furthered his basic beliefs in freedom.”

His 25-year-old son Stephen Bock says that his father always had a smile on his face.

Decades ago, Alan met with me when I was facing prosecution for draft resistance, and subsequently wrote a great editorial defending me. We kept in touch in the years since. My own acquaintance confirms the consensus that he was a very learned, effective and happy warrior for freedom.

We talked politics many times, but I wish we’d found the time to talk about Hank Williams.

Alan Bock will be missed.

This is Common Sense. I’m Paul Jacob.

Categories
porkbarrel politics

Fitting Tribute

Senator Robert Byrd has passed from this world, ending a 58-year perch in power, the longest stint in the entire history of Congress.

Politics isn’t a sport, though sometimes it’s blood-sport . . . thus there’s no jersey to retire.

So what do you offer to the memory of a man who in life already appropriated nearly everything possible? What’s the proper homage to the King of Pork?

Retire the earmark, once and for all.

Congress had a good run with earmarked pork barrel spending, and Byrd was that run’s poster boy. He had bridges named after him, highways and freeways and a stadium or two. Airports. Special rooms in the legislative wing. All paid for by taxpayers, most often funded by Congress through sneaking said projects into legislation without requiring a separate, conscious and above-board vote.

You might think it nicer, if not wiser, to commemorate the man for his habit of keeping a pocket Constitution on his person at all times. Or for his knowledge of history. Or arcane Senate rules. Certainly, it wouldn’t be polite to mention his “youthful” organizing of his state’s KKK.

But West Virginia’s senior senator was so closely associated with self-aggrandizing earmarked spending that no other honor comes close — we should push for a true monument to outshine all others. And that’s why I suggest cutting out the earmark.

Make the porkers squeal.

And let the tumult stand as a salute to Sen. Byrd.

This is Common Sense. I’m Paul Jacob.