Obama is Shrewd.

President Obama is shrewd. He is presiding over what is becoming the greatest environmental disaster in U.S. history. Public anger is growing in the face of the so far hapless efforts to stop the leak. Every day, things get worse. Everyday, people get angrier. Anger at BP is starting to spill over to the government, and not without reason. It is the government that was supposed to be overseeing off shore operations. It is the government that is responsible for establishing rules regarding off shore drilling and safety procedures. It is the government's job to ensure compliance with those procedures. It is Obama's job to make sure the government does its job. The Offshore Horizon blew up and sank on President Obama's watch.

Obama has decided the best way to manage the crisis is to go on the offensive. He cannot stop the leak, but he can be angry about it. And angry is what he is. "We will make BP pay" growled Obama. He swore to hold BP accountable for the disaster and vowed to ensure BP pays for it. Not just the clean up mind you. But for everything, from the loss of tourism dollars along the coast, to the losses suffered by fishermen and tour boats as well. Everyone who who is harmed by the spill will be made whole. Obama swears it.

It is not enough for Obama to issue another one of his mea culpas here. He is not going to take responsibility for this one. Lapses in airport security are one thing. Environmental disasters of Biblical proportions are another. Obama has concluded the best way out of this is for him to be even angrier than the public. He knows that if he can be angrier than the people who are taking the spill on the chin, chances are they will throw their anger in with his rather than hold it against him. They are angry, but the president is even angrier. The president is with the people. He feels their suffering and he shares their anger and frustration. It is almost as if he is as much a victim as they are.

President Obama is shrewd.

In Need of Drones

Unmanned drones are in great demand these days. They have proven to be of tremendous value in Iraq and Afghanistan. They are inexpensive to operate and provide greater flexibility that fixed wing aircraft or helicopters. They are small and stealthy and can stay aloft for much greater time than piloted aircraft. They come in all shapes and sizes. Some are even small enough to fly through a window. Their information gathering abilities are second to none.

The effectiveness, flexibility, and low cost of drones gives them enormous appeal. Some are asking that they be used to monitor pipelines. Some are requesting their use to collect storm data. Most notably, they are being requested to help monitor the U.S. Mexican border. The latest addition to the list is local police. Local police have begun requesting drones to assist them in their duties. They want to use drones to track fleeing suspects. They also want to use them to capture the license plate numbers of speeders.

Has it really come to this? Have we become so enamored with technology that we are not satisfied unless the highest and most sophisticated technologies are employed to every instance? Does every sprain require an X-ray? Does every automobile require satellite navigation? Can life be lived without an Ipod? Do we need pilotless drones to run down suspects and catch speeders?

The fundamental and eternal danger with technology is not what it can do. It is to what purposes it will be applied. The same technology that allows terrorists to be tracked at night in the forrest can track me in my back yard. Law has become a flimsy bulwark for privacy and individual liberty, and the Constitution is no longer the defense it once was. The government certainly cannot be relied upon. Neither can the public. I, for one, am going to make it a point to keep my windows closed.

Looking for a Few Victories

Things have not been going particularly well recently for President Obama. The impotency of the administration to do anything about the oil spill in the Gulf must be a tremendous frustration for an administration that has become accustomed to getting its way and staying on top of things. Despite Obama's speeches, admonitions, and threats, oil is still pouring into the Gulf. Iran has proved no less stubborn in thwarting the administration. They, like the spill in the Gulf, have proved resistant to the administration's attempts to affect the situation. Obama's numerous speeches and somber warnings have done nothing to thwart Iran's continuing nuclear efforts. The situation in Israel is worse than it has been in many years. The economy is still foundering. The situation in Afghanistan has shown little improvement. The list goes on.

Obama is increasingly indignant with those deemed to be behind the growing calamity in the Gulf. He has been delivering one harsh speech after another while his calculated anger grows. Meanwhile, the situation in the Gulf continues to deteriorate and the sense of the government's inability to do anything about it mounts.

In the Middle East, tension is growing. Iran's defiance has only increased. Obama's inability to rally erstwhile allies such as Turkey to the cause is a sign of America's decreasing influence in the region. The failure to make progress in Afghanistan reflects the limits of U.S. power to bring about its stated goals. His diffidence in pursuing U.S. interests around the world has emboldened nations like China to pursue their own agendas rather than deferring to the global principles and conventions the U.S. has long championed.

Obama seems determined to get back into the win column and shore up his image as a take charge president. To this end he is once again going after the tobacco companies and has dispatched his wife on a mission to "support the troops." Obama's move to go back to the well and make another effort to crush the tobacco industry is a politically safe and increasingly popular tactic. No one supports the tobacco industry but the people who work in it and those who are addicted to it. It is all but impossible to mount a defense for it beyond appealing to the principles of liberty and the free market.

Few any longer recognize the individual liberty to live one's life as one sees fit: especially if that lifestyle is ill advised. You cannot live your life if your lifestyle is seen to adversely affect society or economy. This amounts to a blank check to regulate the behavior of people and meddle in their lives since virtually everything a person does or doesn't do has an impact on the economy. Liberty is no longer an effective defense. Your life and health are no longer your own. You are part of a collective to which your will and appetites must be subordinated. Any appeal to free markets would be wasted on the Obama administration. The poor regard for markets of any sort held by the administration has become abundantly clear over the last two years.

Despite Obama's efforts to change America's behavior and the world, things really haven't improved. People still over eat. People are still greedy and indifferent. Iran is still pursuing nuclear weapons. North Korea still has nuclear weapons. The economy is still languishing. The Middle East is awash in tension and conflict. Oil still continues to flow unabated in the Gulf. His health care victory has not garnered the thanks of a grateful nation but spawned acrimony and conflict. Perhaps worst of all, people are still smoking.

Obama needs a victory. He needs to reestablish himself an effective champion of the people so he has decided forcefully vent his indignation on two industries currently held in very low regard by the public: the tobacco and oil industries. The tobacco industry has become an easy target. Concepts like free markets, liberty, and individual choice stand little chance these days against public indignation and government ire. Smokers and tobacco users will be punished for their sins. Not directly mind you, even that is a step the administration is unwilling to take, but indirectly through slight of hand. He will tax the tobacco dealers into poverty and regulate them into oblivion. The veneer of free markets and liberty must be preserved, but no longer than is absolutely necessary to eviscerate the tobacco industry and strangle its market. As for the free market, over the last two years Obama has clearly demonstrated his lack of faith in the market's ability to manage its affairs and meet the needs of the public.(In fairness, the market recently has done an extraordinary job of creating that impression.)

Little needs to be said of Obama's determination hold the energy industry accountable for the disaster in the Gulf. Despite the government's complicity in the matter: they are the ones, after all, who license and ensure compliance with environmental safety measures and spill prevention procedures, Obama is determined to keep the public eye firmly fixed on the energy industry rather than the government that is supposed to be overseeing that industry.

To refurbish his Commander in Chief image and underline his support for the military, Obama dispatched the First Lady to Camp Pendleton to meet with Marines wounded in Afghanistan and Iraq at Camp Pendleton. By dispatching the First Lady, the administration is simultaneously able to demonstrate its support for the troops and deflect criticism for its handling of the two wars. No one can criticize the First Lady for meeting with injured troops. She will not provoke questions and criticisms of the war effort. She is not to blame for their condition.

Obama is moving vigorously, as is his wont, to keep the public from focusing on any one issue or problem. Any lingering on a particular issue is to Obama's detriment. He has done much, but he has accomplished little. He knows a recent victory is worth ten past failures.

The Problem With Law

Eric Balderas is a Harvard University student from San Antonio, Texas. He is also an illegal immigrant. He was detained recently at a Texas airport and is facing deportation to Mexico. Immigration advocates are up in arms. Anti immigration activists are scrambling to address the embarrassment and awkwardness of their insistence on tough immigration laws. Balderas is studying molecular and cellular biology at Harvard on a full scholarship. His goal is to become a cancer researcher.

Balderas bears some of the blame for his predicament. Despite his claim that he is a "private person", Balderas attended the "Coming Out Day" organized in March where those in the U.S. illegally publicly announced their violation of U.S. law. In essence, they dared the government to enforce the law. The government accepted the dare and enforced the law. Balderas is paying the price for his action. Nevertheless, Balderas' plight reflects a fundamental problem with law.

Law, particularly English law, has long contained the element of equity. Equity allows particulars and circumstances to be taken into account in the application of law. The particulars in Balderas' case are his motivation, his intelligence, his work ethic, and his achievement. Unfortunately, those factors are only rarely taken into account by the law as it has come to be understood.

Equity has been criticized, with reason, as subverting the basic fairness of law, viz that the law applies equally to all people at all times. To take person or circumstance into account is to open the door to a subjective application of the law. In a sense, it allows judges to interpret and apply the law as they see fit. The benefit to this approach is that it allows flexibility and fairness. While the law remains the same, the particulars surrounding the law do not. Different people violate the same law in different ways, under different circumstances, to different ends. Under this concept of law, a man who robs a bank to obtain funds needed for an operation to save the life of his child can be treated differently than a man who robs a bank to support his drug habit,. The same law is broken but the circumstances are very different. Equity allows the particulars of the case to be considered. The man who robbed the bank for drug money could be judged differently than the man who robbed it to save his ill child. There is a sense of fairness understood to apply here.

This approach has fallen into disfavor. Historically, the prerogative allowed under equity has often been abused. The most egregious examples would be the cases where white defendants were given minimal sentences for crimes committed against blacks whereas blacks who committed the same crimes against whites in were sentenced severely, even hung. To the minds of most southerners, this was not wrong. Indeed, justice demanded it. Blacks and whites were different. Justice demanded that they be treated differently. The outrage such "justice" engendered led to support for impartial, objective application of the law. Murder is murder and all murderers should be punished the same regardless of time, place, and circumstance.

The result was a new inflexibility due to a swing back towards, uniform, "objective" application of the law. Judicial discretion and jury sentencing became viewed with suspicion as subjective and partial. As a consequence, mandatory sentencing laws became popular. They removed judicial discretion in an effort to apply the law uniformly and without regard to person or circumstance. Law was no longer allowed to take particulars into account. The law would be applied to junkies and desperate parents alike. Judges and juries became part of a machine. Facts were to be put in. Laws would be applied. Justice would be administered. Sentences would be selected and handed out.

This is the situation we frequently find ourselves in today. Because of the mistrust of courts, juries, and judges, the law is to be applied mechanically. Balderas is to be treated like any other illegal immigrant. To do otherwise would be "unfair". The law will not admit a distinction between a Harvard University student and a migrant farm worker. The irony here is that those most upset at Balderas' situation are the same who originally championed the objective application of the law over judicial discretion. It is those who opposed the taking of particulars into account who are now demanding that particulars be taken into account.

You cannot be forever amending the law to take into account changing particulars and circumstances. Laws will always be imperfect. Forever piling laws on top of laws will not change the situation one bit. Either you trust judges and juries to make distinctions, or you don't. Either you trust authorities to make decisions and apply the law fairly, or you don't. In essence, you either trust people, or you don't. You cannot demand discretion when it suits you and forbid it when it doesn't.

Anglo American law had a mechanism for resolving situations like Balderas'. That mechanism was equity. Equity allowed the particulars of a case to be taken into account. Particulars require consideration and judgement. In short, equity requires people. Because we came to distrust the human element, we attempted to eliminate equity through a blind, machine like application of the law and mandatory sentences. Now, when a case arises were equity is needed, it is not there. Balderas' case does not demand a new law. Indeed, that is the last thing we need. Neither does it demand the law be rescinded. What it demands is equity. What equity requires is faith in human judgement.

Law is impersonal. Society is not. People can make distinctions the law cannot. If you don't trust people to make a distinction between day laborers and graduate students, you should not complain when that distinction is not made.

Geezer Bandit

On Monday, the "Geezer Bandit" pulled his his tenth bank heist in San Diego since August. He is called the "Geezer Bandit" because, by all appearances, he is in his seventies. He walked into a San Diego bank, pulled a revolver, and demanded money. According to authorities, after the robbery, the man fled. Some speculate that the "Geezer Bandit" is not in fact a geezer, but a man disguised as a "geezer".

Most people are able to spot a disguise. Unless the disguise is courtesy of a Hollywood make up artist, it would be easy to identify a disguise when right in front of you. Perhaps the teller was so rattled by the sight of the revolver, that they did not take the time to examine the man who was robbing them. Still, it is difficult to see how an old man could "flee." Most 70 year old men cannot run, let alone flee. If the man bounded out the door, that would be a good indication that he was wearing a disguise.

Anyone can rob a bank. It is not difficult. All you have to do is walk in and give the teller a note. You do not even need a gun. In many ways, robbing a bank is easier than making a withdrawal. Even a 70 year old man can do it. The hard part of robbing a bank is getting away.

How a 70 year old man can get away defies comprehension. Most men 70 years old move at a very slow pace. They certainly cannot flee. In some of his heists, the bandit was even carrying an oxygen tank. An elderly man with an oxygen tank would not be difficult to follow, let alone catch, even if he had a get away car parked right outside. (I cannot imagine a 70 year old man with an oxygen tank parking his get away car a block away.) Yet in ten robberies, no one has seen fit to follow him out the door. Evidently, no one has even looked out the window.

Many banks have security guards. These men are trained to prevent bank robberies. So far, they have been unable to prevent a 70 year old man with an oxygen tank from tottering out the door and getting away. Perhaps worse still, police in San Diego (presumably on alert due to the spate of armed bank heists) have been unable to respond in time to catch the Geezer Bandit. The bandit remains elusive even after 10 heists. Either banks in San Diego are hiring 80 year old security guards and near sighted tellers, or John Dillinger is alive and well in Southern California.

Worth a Try

In 2008, as the economy continued to sour, President Bush proposed $100 billion in tax cuts. It didn't work. The economy continued to languish and the Republicans lost the White House. In 2009, Congress tried another approach. They spent nearly $1 trillion to stimulate the economy. That hasn't worked either. Republicans continue to urge tax cuts. Democrats continue to urge more government and more spending. Very few are advocating getting government out of the way by reducing federal regulation and leaving the economy alone. If cutting taxes and increasing spending haven't worked, why not try getting government out of the way and just let the economy recover on its own? Perhaps this is because no one gets credit for doing nothing.

Taxes have been cut, (or at least nibbled at), and vast amounts of money have been spent, yet one thing has remained constant: the government. Americans are industrious, innovative, and resilient. They want to work and they want to make money. They have historically been very good at both. We should get government out of they way and give them a chance. It is worth a try.

Tension at sea

Tension is mounting in the Mediterranean as a second aide ship, the Rachel Corrie, is approaching the Gaza coast. Gaza is currently under an Israeli blockade. Free Gaza, the group supporting the Rachel Corrie, has asserted that the ship is carrying medical supplies and construction material to Palestinians in the Gaza strip. Both are in short supply in Gaza after a prolonged siege by Israel. Israel claims that the ship is carrying weapons and missiles for Palestinian guerrillas fighting Israel. Free Gaza denies that the ship is transporting weapons and is simply bringing needed aide. Despite international condemnation, Israel says it will intercept the ship. No doubt it is prepared to use force again if the Rachel Corrie refuses to yield. The ship is named after an American activist killed by the Israelis in 2003: an additional provocation.

There is a solution to the looming crisis. Israel could simply inspect the ship to verify the claim that it is not carrying weapons but needed supplies, as the crew of the Rachel Corrie claims. A refusal to submit to an inspection would provide a legitimate reason for the vessel to be boarded. If weapons are found, Israel would be vindicated. The ship could be seized, a plot to attack Israel would be thwarted, and Free Gaza would be exposed as a front for people seeking to harm Israel. If weapons are not found, Israel could allow the ship to proceed and thereby take a step to lessen the growing international criticism of their blockade of Gaza. But so far Israel is not willing to consider that option. The determination of Israel to maintain the blockade is absolute. They are willing to strangle Gaza until it submits to Israeli demands.

The determination of Israel to blockade Gaza verges on spite. Every man, woman, and child in Gaza must suffer until Hamas is vanquished. The blockade is not about Israel's security. Construction material and medical supplies in no way threaten Israel. It is about Israel's determination to crush Hamas. The strategy is to make life in Gaza so miserable that the people there will rise up in desperation and rid themselves of their elected leaders. Even if Israel succeeds in this endeavor, they will have done nothing to soften opposition to Israel in Gaza.

It is difficult to see how strangling Gaza is in Israel's self interest. A vibrant, fourishing Gaza is in everyone's interest. An impoverished and desperate Gaza is in no one's interest but Hamas. Israel has long had a public relations problem. It is doing absolutely nothing to improve its image. Perhaps when enough people in Gaza are finally homeless, hungry, ill, and injured, Israel will succeed in its effort to undermine the government in Gaza. But it will come at a high cost. Israel is not the victim here. Neither is Hamas. The people of Gaza are.

Violence in Israel.

There has been more violence and turmoil in the Middle East. More lives have been lost. Israel has acted aggressively in defending what it sees to be in its interests. Palestinians and their supporters have acted provocatively and pushed Israel into a corner. Israel reacted as it has become accustomed to: with force. It has become a predictable cycle. Palestinians and their supporters provoke Israel and Israel responds with force. The Palestinians always lose.

Opinion is slowly starting to turn in the Palestinians' favor. Israel's harsh responses have begun to cast them as a bully in the eyes of many. Rightfully so. There is no need to fire or launch commando raids on unarmed ships or commit air strikes on Palestinian villages to root out sporadic rocket fire. Israel has a sophisticated military. They have many options at their disposal. Bombs, tanks and artillery should not be high on their list. Still, the Palestinians seem to take some encouragement when Israel bombs or shells them. Indeed, it seems at times they deliberately seek to provoke Israel into a harsh and disproportionate response: a tried and true guerrilla tactic that Israel continues to fall for.

Violence has achieved very little for the Palestinians. More often than not, it has proved counterproductive. Provocation has had some success in the press, but has gotten them little on the ground. Perhaps it is time for the Palestinians to adopt a different approach to the problem. What the Palestinians need is an Arab Nelson Mandela or Martin Luther King. What they do not need is Hamas or another Arafat.

What Rights?

Opponents of Arizona's tough new immigration law are attempting to borrow from the civil rights movement and adopt its tactics and methods. Workshops and seminars have been set up to train pro immigrant protesters on how to use those methods to further their cause. The attempt has been encouraged by civil rights activists. Amilcar Shabazz, chairman of the Department of Afro-American Studies at the University of Massachusetts said "I think it is genius." The attempt to re frame the question over illegal immigration as an issue of civil rights is a clever one. It is also deceptive.

Civil rights protesters in the 60's were laboring for the rights of African Americans due to them under the Constitution. They were systematically being denied fundamental rights that were given to all Americans. They were arguing for what belonged to them. Illegal immigrants, can make no such claim.

Illegal immigrants are just that, illegal immigrants. They are in the country in violation of U.S. law. They do not have the rights accorded to U.S. citizens. They do not have the rights due to legal residents. They do not even have the right to be here. African Americans were, and are, entitled to all the rights and privileges due to any other American citizen. Immigrants, especially illegal immigrants, are not.

What it comes down to is illegal immigrants are claiming the right to be in the U.S. in violation of U.S. law. There is no such right.

Why is No One Blaming him?

Last week, President Obama took responsibility for the environmental disaster in the Gulf. "In case you are wondering who's responsible, I take responsibility" he said. President Obama took the heat for the security lapses that led to the failed attempt to blow up an airliner last Christmas. "When the system fails, it is my responsibility to take the blame" he said solemnly. During the struggle over health care, when the plan looked like it was going to fail, President Obama took responsibility for the political circus that it engendered, saying he "misjudged" in his handling of the plan. When the economy failed to respond to the administration's frenzied attempts to spend it back into health, the president took responsibility for that too. It as been a common theme throughout Obama's presidency for him to "step up" and take the blame when things go wrong or don't go as planned.

Given all the missteps, failures, and errors Obama has taken responsibility for, why is no one blaming him? It is a credit to his political skills that Obama is able to come out of each admission looking stronger and more noble than before. He is uncannily able to take the blame without really taking the blame. Even more remarkable is how Obama is able to turn each failure by the government into an opportunity to expand the government. No failure is wasted by Obama. Every failure is an opportunity. The government always gets another chance.

"I'm confident that people are going to look back and say that the administration was on top of what is an unprecedented crisis" said Obama of the disaster in the Gulf. If there is one thing the administration is good at, it is appearing to be on top of a problem rather than behind it.

Scrounging for Jobs

Democratic Senator Charles Schumer recently introduced a bill that would require call centers to inform people when their call is transferred outside the U.S. Call center jobs are increasingly being moved overseas. The idea is that if callers are made aware that their calls are being transferred they will be displeased. Schumer introduced the legislation as a way to encourage call centers to bring those jobs back.

Things must be very grim indeed if a U.S. Senator is scrounging for jobs at call centers. I doubt Schumer has ever worked at a call center. If he had, he might not be so determined to save those jobs. But then again, as is so often the case, Schumer's effort is not so much about what he is doing as it is that he is doing something. If he succeeds in his effort, no doubt in his next campaign he will find occasion to mention how he acted to save U.S. jobs. Nothing will be said that the jobs he saved are often miserable jobs for marginal pay. In Washington, jobs are statistics.

Enforcing the Law

Police chiefs from around the country told Attorney General Eric Holder on Wednesday that immigration laws such as the one recently passed in Arizona will lead to an increase in crime. They argued that such laws would inhibit their ability to do their jobs because they would have to divert resources to enforce the new law.

They have a point. Laws create crime. Where there is no law against robbing banks, robbing banks is not a crime. Each new law creates a new offense. Each new offense requires police to investigate and apprehend those determined to have committed the offense. For police chiefs to publicly object to a law because it requires them to provide the manpower and resources to enforce it is unseemly. It is not their job to weigh the merits of the particular laws they are tasked to enforce or the legislation that created them. Certainly not in public. It is their job to enforce the law, not debate it.

Nevertheless, police will still have discretion in performing their job. Within limits, they do not have to arrest everyone they apprehend. Not every traffic stop results in a ticket. Sometimes a warning is enough. The discretion of local police officers to pursue people suspected to be in the U.S. illegally will be retained under the new law, even if it is not specifically provided for. Unless, of course, discretion is confused with license and it is forbidden lest racism rear it's ugly head.

When it comes down to it, to object to a law is to object to a crime. There is no trepidation in enforcing laws against burglary because there is consensus that burglary is a crime. There is trepidation concerning enforcing immigration laws because there is disagreement over what immigration policy should be. Many believe there is nothing illegal about illegal immigration. For them it is bad enough that there are laws against it. To enforce those laws is the very height of intolerance and chauvinism. To vigorously enforce those laws is an outrage.

It is the job of the police to enforce law, not debate it. If the job becomes too burdensome or objectionable, they are free to resign and find some other sort of work. They could even run for the statehouse if they feel strongly enough about the issue. In the mean time they should do their jobs and uphold the law: a job they are sworn to do. Citizens are not allowed to choose which laws to obey. Police are not allowed to choose which laws to enforce. Even less should police be allowed to choose which laws are worthy of enforcement, and which aren't. Discretion is one thing, disobedience is another.

On the bright side for pro immigration activists, Arizona's action is only a law. If they can gather the support, they can change it. They should be thankful the new policy was not implemented through the courts. If it had been, they would have a very different fight on their hands. As it stands, it is illegal to be in the U.S. illegally and there is a crime wave in progress. If you do not like the law, change it. Do not ignore it.

Banning guns.

Mexico's president recently chided the U.S. for the prevalence of weapons in Mexico. If America did a better job controlling its guns, many of them might not wind up in the hands of Mexican drug dealers and gangsters. Gun control has long a controversial subject: at least in modern times. Many decry the violence of American society and lament the casualties due to fire arms. They blame fire arms as if fire arms were the cause of the rising violence and death over the years and not the people who wield them. Yet the difficulty in the call to eliminate fire arms is they have legitimate uses. It is only when guns are misused that violence erupts. They can be used for sport or safety. Some people even enjoy collecting them: much to the chagrin of those absorbed by hatred for guns of all sorts.

Baseball bats kill people. Cars kill people in astounding numbers. Yet we often provide them to teens, along with the cell phones they talk on while driving. Knives kill people but we find them in abundance in every home. We are even provided with knives when we dine out: very sharp ones at some restaurants. Baseball bats are provided in to our youth despite the danger they pose in the wrong hands. The reason we allow knives, cars, and bats, but forbid hand grenades, machine guns, and bazookas is because there are reasonable uses for knives, cars, and bats. Driving, eating, and playing baseball are all respectable, even enjoyable, activities. Bazookas, grenades, and machine guns are another matter entirely. There is no reasonable need for a person to own a bazooka or a machine gun. We do not have to assault pill boxes or defend roadblocks. The Army does. That is why they have them.

Significantly, the thing that perhaps causes the greatest death, damage, and mayhem in our society is perfectly legal: automobiles. In California, there were 3,995 gun homicides in 2008. There were 34,000 trafic deaths reported in Califonia in 2009. A drunk driver that kills a family is a tragedy. A Wife killing her husband by driving over him will be well covered on the local evening evening news. Indeed, the story might be interesting enough for networks news to pick up. (For some reason, there is a comical aspect to a jilted or spiteful lover running over her ex.) But neither story will occasion a discussion about the need to regulate or control automobiles. Even the most horrendous traffic accident will not provoke a discussion over car ownership. Stabbings can be alarming, even painful, but no one will ever argue that knives should be banned.

America is obsessed with guns. Some devote their lives to banning them. Others endeavor to collect them. To some, guns are symbolic of freedom. To others they are emblematic of crime and murder. But at the bottom of the debate, guns are simply things, dangerous perhaps, but things nevertheless. Guns do not shoot people. People shoot people. The problem is not that people use guns to shoot other people. The problem is that people want to shoot other people.

As for U.S. guns winding up in Mexico, or anywhere else for that matter, the United States is a capitalist country populated by entrepreneurs. If there is a demand for guns in Mexico you can count on Americans to try and meet that demand. Perhaps Mexico should step up security on its side of the border.

Ban Knives?

In the last two weeks, 8 people have been killed and 41 injured, some seriously, by knife attacks in China. One had his hand chopped off. All the victims were either teachers or students. Many in China are alarmed at the attacks. So far, one of the attackers has been sentenced to death. Despite the violence, there has been no effort in China to ban knives and cleavers. It can be assumed that if the men had owned guns, those would have been used rather than knives and cleavers. As it was, the attackers relied upon the weapons at hand: knives, and cleavers.

This is something that should be borne in mind by those alarmed at similar attacks here in the U.S. where an assailant attacks multiple victims. Unlike the case in China, the weapons of choice in the U.S. are firearms. After each attack there has been an outcry against guns and efforts to ban them. The assumption is that banning guns would prevent such attacks. Even if guns were banned, it is unlikely that violence would cease: it would simply become more problematic as attackers searched for alternative weapons. There have already been incidences of mass attacks were vehicles were used.

Whatever the merits of gun control, and there are some, it should not be assumed that violence would cease where it is adopted. It wouldn't. Deranged attackers, disgruntled employees, unhinged postal workers, and jealous spouses would still plot and scheme. They would simply resort to different weapons. Perhaps they would push people out of windows or throw them under trains. Vindictive spouses might have to return to poisoning each other.

What lay behind attacks such as recent violence in China and the outrage at Columbine has nothing to do with guns or meat cleavers. It has everything to do with people. Restricting guns is an obvious first step, but it is only a stop gap. Law abiding citizens would have a harder time purchasing fire arms, but criminals would only be slowed down. They will still be able to acquire guns, despite laws against it. Criminals rarely have qualms about breaking the law. That is why they are criminals to begin with.

The use of violence to spectacularly lash out at coworkers, students, and society in general is a disturbing trend, but it is a recent one. Violence and murder have always existed, and they always will exist, just rarely at the level we experience today. If we really want to address the issue, we need to examine and try to understand what lay behind it. We must examine the alienation, frustration, and anger that permeates our society. We must seek to determine what it is about our society today that causes such outrages. People don't just attack students because they hate children. They attack students because it is spectacular. It is the result of a deranged mind seeking retribution and notoriety. Guns are no more behind attacks such as Columbine than meat cleavers are behind the attacks in China. The attack at Columbine was just more effective. If they had to, the attackers would have used baseball bats and sharp sticks. That might be of solace to some, but it shouldn't be.

The issue behind the attack in China is not about meat cleavers. It is about a man who attacked people with a meat cleaver. The issue behind gun violence in the U.S. is not about guns. It is about why so many people are willing to use guns.

Does It Matter What the Public Thinks?

Two recent polls gauged the American public's views towards immigration. Most Americans believe illegal immigration is an issue that needs to be addressed. According to a poll conducted by Mclatchy-Ipsos, 64 percent of registered voters nation wide approved of Arizona's tough new immigration law. A poll conducted by by the Pew Research Center found that 73 percent of Americans approve of laws requiring people to verify their legal status when asked. Two thirds of those polled felt it was reasonable for police to detain those cannot verify their legal status. Despite the findings of these polls, President Obama continues to criticize efforts such as the one made by Arizona as misguided. If we are to take Obama's word for it, the majority of Americans are misguided. Contrary to the will of voters, the Obama administration has gone so far as to file a law suit to block Arizona's new law. Someone needs to stop the voters of Arizona and Obama believes it is his job to do it. As if that weren't enough, even the U.N. has weighed in on the issue by taking time out of its busy schedule to condemn Arizona's law as promoting "ethnic chauvinism."

If the American public supports efforts to limit immigration and enforce immigration laws, and by all accounts it does, why is there so much resistance to it in Washington? It is likely that the reason for this is that the American public is only one factor in the equation. If we examine the debate over immigration, it is evident that they are not the most important factor. Numerous immigration lobbies oppose new restrictions on immigration. Business opposes tough new laws on immigration. Civil rights groups oppose strict laws on immigration. The thing these groups have in common is that they benefit from immigration, legal and otherwise.

Pro immigration activists benefit from immigration because, in Washington, numbers are power. The more immigrants, the greater the influence of the groups that claim to speak for them. Business benefits from immigration because it keeps wages low and profits high. Many in Congress oppose tough immigration laws because they rely on business and immigration rights activists for support. They are also very sensitive to their image in the national press. Stories and photos of illegal immigrants in distress do much to undermine resolution on the issue. Civil rights activists operate under the assumption that those in the country in violation of U.S. law have the same rights and privileges that citizens and legal residents do. They also benefit because the public display of their sentiments encourages support and donations. Additionally, they tend to oppose nearly everything the government does that in any way impinges on the license of individuals.

In the clamor over immigration reform it seems the only group that does not have a voice in Washington is the public. Sixty one percent of the American public is being stone walled by Washington. Health Care reform was passed with considerably less public support but was defended by many in Washington as meeting a need expressed by the public. The public is expressing a need that something be done over immigration. In this case, Washington isn't listening.

It wouldn't take much to address the issue. There are already laws on the books against illegal immigration. All Congress has to do is enforce them. But Washington isn't listening to the public. That is why tempers are rising across the nation. Arizona is listening to its voters. That is why Arizona is acting. If we are going to change the demographics of the United States, we should at least talk about it. But you can't just talk to the voters. You have to listen as well.

Maybe Washington believes this is just a phase voters are going through and that if they ride it out, the voters will forget about it and move on to something else. Maybe Washington thinks voters are confused and once they are straightened out, everything will return to normal. If they beleive this, they do so at their own peril. Immigration is not going away. Unless Washington does something about it, it is only going to get worse.

Building a Better Afghanistan.

In an editorial in this morning's Dallas Morning News, Stephen Biddle, a senior fellow at the Council for Foreign Relations, writes that the U.S. is wrong to put so much pressure on Hamid Karzai to reform the government in Afghanistan. There is tension between the U.S. and Karzai. The Obama administration is frustrated with Karzai's efforts to fight the insurgency in Afghanistan as well as his lethargic pace of reforming the government. The reason for the most recent flap is what the administration sees as Karzai's efforts to bolster his control in Afghanistan through electoral fraud and his attempts pack the Afghan Electoral Commission with loyal supporters. (Somewhat ironic given the current efforts to replace Supreme Court Justice Stevens.) The problem as Biddle sees it is larger than Karzai. The problem is the Afghanistan government itself.

Biddle is a critic of U.S. policy in Afghanistan. Like others, Biddle asserts that the U.S. is ignoring the elephant in the room. The problem as they see it is not so much who the leader of Afghanistan is, but the political culture there. Biddle is among the league of political leaders, intellectuals, and scholars who insist on giving advice to other nations on how to better run their countries. Biddle, like so many others, has his own ideas on how to make a modern, democratic, Afghanistan. Biddle's advice is more "carrots and sticks." More carrots to entice corrupt Afghan officials into reform, and, where carrots fail, more sticks. A better Afghanistan requires better government. Better government requires better laws. Better leaders enact better laws.

The fundamental difficulty with this approach is that it leaves people of the equation. It puts the cart before the horse as it were. Advocates of progress through better government frequently see society as the product of government, not the source. Government, as they understand, it is the product of laws. Good leaders will create good laws. Once the right leaders have been found and the right laws have been passed, democracy can be established. After that, it is only a matter of time before the people embrace it. Once the the people have been accustomed to the new laws, the new government will become part of the national fabric. According to this idea, if you want a democratic government, you need to find democratic leaders and pass democratic laws. The better the leaders, the better the laws. The better the laws, the better the government. Once a democratic government is in place, a democratic people will emerge. Once a democratic people have been established, an open culture will result, further bolstering the new democratic regime. Naturally there will be turbulence as people adjust to the new system and "hard line" elements fight against it. But, if the government perseveres, democracy will triumph.

Like so many other policies and programs, both domestic and foreign, people are treated as a constant. People are people according to this theory. All people have the same fundamental motivations and respond similarly the same to stimuli. All people want wealth and all people want freedom. Moreover, all people understand wealth and freedom in the same way. Wealth is always money, and freedom is always personal. Because of this, it is clear that capitalism is the best way to organize the economy of a nation because it is the best way to produce wealth. Democracy is the best way to politically organize society because it produces the most personal freedom. Everything else in society is subordinated to these ends. Culture, religion, and tradition will be tolerated where suitable but they must not be allowed to interfere with the goals of creating wealth and protecting personal freedom.

The problem is that people do not understand wealth and freedom the same way. Nor do they place the same emphasis on them. Some people have other things they value above wealth and liberty. Most often, those things consist of customs, traditions, and religious beliefs. If the accumulation of wealth is not a priority, capitalism has little appeal. A culture that values tradition and custom will be reluctant to embrace individual liberty. Where liberty is not embraced, democracy has little appeal. Indeed, where liberty is viewed as undermining the culture and traditions of a people, it is greeted with hostility.

Introducing positive law into cultures that have long relied on tradition and custom for political and social organization will often cause resentment and turmoil. Those with vested interest in maintaining traditional order will resist change. Those who embrace culture and tradition will see no reason to change. Those long comfortable with the social order will be cool to change because they dislike uncertainty and fear the unknown. Those who chafe under the traditional order might be likely to embrace change, but for the wrong reasons. Those with the most to gain from the promise of democracy, the neglected and the marginalized, most often see in it the promise for power. They do not embrace democracy because they find democratic principals appealing, but because they see in it an opportunity achieve their ambitions and redress the injustices they have had to endure. They have little interest in democracy other than as a way to obtain power. Commonly, where there is no democratic tradition in a culture, once power is obtained, democracy is soon found to be an inconvenience and jettisoned.

Changing the government in Afghanistan will not change Afghanistan. It will only change to government. What the United States is really after is changing the people of Afghanistan. Changing the government and building "democratic" institutions is simply a means to that end. It is not a very good means. The United States is trying to create the Afghanistan we want, not the Afghanistan the Afghans want. Therein lies the problem.

Building the Titanic.

In 1910, government spending accounted for 8% of the U.S. economy. Government spending for 2010 will be 48.48% of the U.S. GDP. That is the highest it has been since 1945 when it was 52.9% of the GDP. In 1945, the U.S. was fighting a world war. After the war, government spending dropped dramatically to 7.3% in 1948. It is extraordinarily unlikely government spending today will drop anytime soon. Even if it does, it will not drop significantly. Unlike in the 1940's, the U.S. is not fighting a world war. It is not even fighting a cold war. Counting the War on Terror, the 2010, defense spending as a percentage of the GDP in 2010 was 13%. The defense department could be abolished and the U.S. would still be in the red by almost $1 trillion

Government spending as a percentage of the GDP has risen over the last two years from 37.12% to 44.48%. That money was spent to prop up the economy and increase the size of government. According to the GPO, in 2012 the gross federal debt will be 100.6% of the GDP. The good news is that percentage is expected to drop to only 99.8%by 2014. If the federal government can exercise some fiscal restraint, that .2% can be used to start paying down the debt. At least it would be a good gesture.

What makes this grim news all the more grim is the extent to which the U.S. is dependent on the federal government. More than ever before the economy, and the public, are dependent on the federal government for their well being. Under the Obama administration, millions of Americans now rely upon government for their cars, their houses, their jobs, and their health care. Whole industries are being supported by Washington. If the federal government collapses under the weight of the growing national debt, it will take the nation down with it.

It didn't have to be this way. The federal government, as it was designed by the Framers, was to be a small and limited thing. It was created to do only those few things that the states could not do for themselves, e.g. provide for the defense of the nation, print money, and oversee trade. Neither the states nor their citizens relied upon Washington for their survival. For most of the nation, the federal government was something heard of but not seen or felt. There was little Washington could do to affect the lives or livelihoods of citizens short of starting a war. Indeed, Washington could have sunk into the swamp it was built on and most Americans would not have felt its loss.

The federal government began growing the day after the Constitution was signed, but it was not until the 20th century that it fully hit its stride. Since the New Deal of the 1930's, the federal government has expanded at a relentless pace. It is now the largest and single most powerful force in American life. There is no one and nothing outside its influence and grasp. There is no organization, institution or industry beyond its reach. Virtually nothing can be built, bought or sold without the government's approval or involvement. The government's move into health care was simply part of a long tradition of government expansion. Many will not rest until the federal government has filled every nook and cranny of American life. The government will have to keep expanding to meet the restless ambitions of those who would change the world.

America's fate is now tied to the federal government. Federalism was once a source of strength in the U.S., like bulkheads in a ship. That is no longer so. Those bulkheads that have not been removed have been weakened. We are now sailing like the Titanic. As large, luxurious and powerful as the ship may be, one iceberg can threaten to sink it. With the fiscal recklessness in Washington, we are steering straight for the icebergs.

The Other Costs of Immigration

Most of the debate concerning immigration today revolves around concrete and quantitative matters such as demographics, statistics, and economic analyses. These are easy to identify and measure. But there are other costs to immigration that are usually ignored when not evaded: the social and psychological costs of immigration. The psychological dislocation and social anomie that results from rapidly changing demographics is a subject rarely, if ever discussed. When it is discussed, it is most often treated as an abstract social phenomenon of interest to some and concern to others. When it emerges from the public, it is usually dismissed as backwardness or condemned as racism or ignorance. This mistake is a cause of much of the bitterness and condescension on display over immigration reform.

Coined by social theorist Emile Dirkheim in the 1950s, anomie is the condition of alienation caused by the disintegration of social codes. When the common mores and social codes of society begin to erode, the individual starts to lose his bearings. Things that he has taken for granted and values and customs that he has always relied upon as guides begin to disappear, and with them his comfort in the orderliness and predictability of his life. Such disorientation is commonly sneered at by advocates of social change as rooted in fear and ignorance or predicated upon simple routine and habit: shortcomings to be overcome in the new order. They feel it is the task of the indiviual to keep pace with society.

Immigration is almost always discussed in terms of numbers, costs and benefits. Any movement beyond the numbers is viewed suspiciously: as if beyond numbers lies only fear, emotion, and racism. But social disorientation caused by large and swift changes in demographics is a very real phenomenon. It is not a product of economic calculation as many on the right would have us believe. Nor is it a phantom or a product of ignorance and hate as many on the left would have us believe. It is a human response. It is human nature. It is very real.

Many on the Right believe that most things can and should be reduced to economic costs and benefits. Immigration is evaluated in terms of how it affects the economy. Where it is determined to benefit the economy, it is embraced. Opposition is viewed as ignorance and short sightedness. It is to be overcome through enlightening the public as to its self interest. They believe immigration is good for the economy. What is good for the economy is good for America. Therefore, immigration is good.

Many on the Left would have us believe that immigration is a matter of justice and fairness. They believe that immigration adds to the diversity of America. Because they believe that diversity is good, they feel immigration is good. Opposition is scorned as chauvinism or bigotry and is to be overcome preferably through indoctrination, or "education" as they often call it. Where indoctrination fails, compulsion through the law is relied upon.

Both sides commonly overlook human nature. They see society and culture as malleable and citizens as products of society. Change the law and you change society. Change society, and you change men. In order to change the law, one must control the government. That is why political contests have become more bitter and hard fought as the government grows ever larger in size and power. The more government controls, the more whoever is running the government controls. The more whoever is running the government controls, the higher the stakes in each election. The higher the stakes, the more bitter the contest.

At the bottom of the unease over immigration is human nature. People need predictability and familiarity. People need to believe that tomorrow will be like today and that others will be the same tomorrow as they are today. Without predictability, society becomes clamorous and confusing. Massive immigration undermines familiarity and predictability. Communities and neighborhoods change. Language changes. Customs and traditions change. Things that were once assumed or taken for granted suddenly become problematic. Some relish a carnival of langauges and customs. Most do not. Most people prefer predictabilty and tradition.

Where society is in constant flux it is difficult for many to adjust. When society changes more rapidly than people can adjust, resentment often results as people increasingly behold a world that is leaving them behind. Continuous immigration on the scale we are experiencing today provides little opportunity for communities and individuals to adjust. The resistance to change, and the slowness of people to adjust to it, as well as the resentment at having to change is more often attributed to ignorance and racism than natural human response. As is too often the case, when progressives find themselves in conflict with society, they insist that society yield.

Anomie is not the product of ignorance. It is part of human nature. It occurs in the wake of the detachment caused by changing circumstances that undermine the regularity and predictability of life. As the social world becomes increasingly unfamiliar to the individual, the individual no longer identifies with it. It becomes foreign to him; something that he must confront rather than participate in. Society becomes a challenge to the individual if he is to retain his identity and sense of self. The more quickly society changes, the greater the challenge.

Resentment at social change is not caused by racism, though racism can, and often does, contribute to it. It is the result of the frustration felt by those who feel they have no control over their lives and communities. It is the resentment by American citizens who feel that they are the ones being asked to assimilate and adapt to a new culture. They chafe at being the ones expected to adjust to meet new circumstances and meet the demands of a new culture they did not ask for and in many cases do not welcome. Asking people what immigration policy should be rather than telling them would be a good step towards giving people a sense of control over the issue. That sense of control would go a long way towards easing the resentment and bitterness that attend it.

Addressing public unease with immigration would require moving beyond numbers and statistics and entering the subjective world in which people live. But that is a messy and cluttered place filled with feelings, emotions, and sensibilities. It is a world opaque to reason and resistant to social planning. It is a world many wish did not exist. But it does exist and it must be taken into account. To do otherwise will only increase the alienation of the public from the government.

Immigration; Legal and Otherwise.

I suspect that if the Native Americans had a chance to do it all over, they would do a much better job protecting their borders and controlling immigration.

The Politics of Protest

Across the nation, protests continued over Arizona's new law cracking down on illegal immigration. Protesters with nothing to fear and nothing to lose from the new law took to the streets from Maine to California. The law makes it illegal to be in Arizona illegally. Being in the country illegally is already a violation of federal law.

Many are angered by the problematic nature of enforcing the law which they say will unfairly target Hispanics. Arizona has already made changes to the law to ease those concerns. Authorities will be restricted from using race or ethnicity as a basis for checking immigration status. Furthermore, checking immigration status will be in line with normal police procedure, the checking of a person's status can only be subsequent to police questioning. It cannot be the basis for it. Nevertheless, opponents of the law are not mollified. They have little faith in the police to adhere to the guidelines. They claim that the new law will lead to racial profiling. Groups across the nation have called for a boycott of all things Arizona. Some in Congress are calling on Major League Baseball to move its All Star Game from Arizona where it is scheduled to be played in 2011. According to former state senator Alfredo Gonzales, the goal of the boycott is to "is to as quickly as possible bring a shocking stop to the economy of Arizona." This from a person who once swore to serve the state he now seeks to undermine.

Many are also upset in the audacity of Arizona to pass such a law. They are outraged that Arizona has acted to put a stop to illegal immigration. Arizona state Representative Ed Ableser scoffed at Arizona's attempt to curb illegal immigration claiming that Arizona's move has "raised the bar on the definition of crazy and ridiculous."

The new law is popular in Arizona. In fact, 47% of Hispanics in Arizona support the measure. Arizona is one of the states most affected by the burdens and costs of illegal immigration. Some estimate that at present there are 283,000 illegal immigrants residing in Arizona. Others put the number as high as 500,000. More arrive every day. Arizona has a population of only 6.6 million so the number is more keenly felt than it would be elswhere. The growing rate of illegal immigration reflects not immigration so much as migration. Despite the common argument that illegal immigration is a boon to the U.S., The Federation for Immigration Reform estimates that the the net loss to Arizona from illegal immigration is $1.3 billion a year. It represents a household burden of $700 per natural born resident, regardless of ethnicity. One hospital near the Mexican border reported that its Emergency Room costs for treating illegal immigrants rose from $40,000 to $350,000 over the last four years.

People nationwide who are not affected in the least by the new law are clamoring for its repeal. For them it is a matter of principal. They object to immigration laws in general and see them as unfair and biased towards Mexicans. The fact that Swedes, Russians, Brazilians, and Malaysians are also subject to the new law is entirely lost on them. For them, any person who is able to sneak into the country has a right to be here. Every one who already resides in the U.S. illegally has a right to be here as well. Any attempt to curb illegal immigration or enforce the law is an abridgment of that right.

The zealousness and spite of pro immigration groups was on display in many of the protests. Demonstrators waved Mexican flags and shouted insults and obscenities at those they suspected of harboring contrary views: always a sure fire method of attracting sympathy for the cause. The anger of the protesters reflects a disdain for democracy. They rarely tolerate views contrary to their own. When their goals are thwarted they quickly turn to throwing tantrums and abusing those who disagree with them. They have little respect or patience for the legislative process. They know what they want and they want it now. They cannot understand how there can be principled opposition to their point of view. They suspect all opposition to be based on prejudice, ignorance, and selfishness. If they can gather enough people and yell loud enough, they expect the opposition to yield. If the state house refuses their demands, they turn to the courts. Appealing to voters is usually a last resort.

It is becoming more and more common for people to refuse to accept a loss. The new law in Arizona was passed with the support of majority of the people in Arizona. If the opponents of the new law can gather enough voters to elect enough legislators to change the law, they can do so. It is the nature of politics that some people always lose. It is also the nature of politics that no loss is ever permanent: unless, of course, courts are relied upon for victory. Supporters of untrammeled immigration lost in Arizona and people are upset. They do not like to lose. No one does. But because they lost in the statehouse, they are free to make their case in the next election. In the mean time they are obliged to obey the law.

When passion is high, some people are quick resort to the politics of protest. They rely on coercion to achieve their goals. Such methods are a danger to democracy. They want to punish the people of Arizona for adopting a law they object to. They are willing to damage the economy of Arizona as revenge for it passing a law they oppose. They threaten to do the same to any state that seeks to limit illegal immigration. Activists and protesters are trying to force Arizona to repeal the law. They are threatening to do everything they can to harm Arizona and any other state that adopts similar laws. They have little interest in what the voters in Arizona or elsewhere want. This is democracy as they understand it.