All posts by Wintery Knight

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Commentary

Should Obama pick judges who favor Democrat special interest groups?

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Yes, I know he calls it “empathy”. And by empathy he means twisting the law to benefit the people who voted for him. What you don’t believe me? Well, check out the evidence here about who Obama’s bailouts really benefit. Nice Deb even links to a story that questions whether the recent Chrysler dealership closures were made because the owners donated to Republican candidates.

Now, what kind of judges does someone like Obama need to install in order to back his authoritarian regime? Well, it has to be someone who will help him to punish the people who disagree with him. Someone who believes that there are good Americans (Democrats) and bad Americans (Republicans), and that the laws should apply differently to those different groups.

Let’s take a look at what my favorite two economists, Thomas Sowell and Walter Williams have to say about this.

Thomas Sowell

Thomas Sowell has a four-part series on Obama’s judicial philosophy.

In part one, Sowell asks what it means that Obama will pick judges who come from certain groups, and who believe in twisting the law to favor those groups.

That President Obama has made “empathy” with certain groups one of his criteria for choosing a Supreme Court nominee is a dangerous sign of how much further the Supreme Court may be pushed away from the rule of law and toward even more arbitrary judicial edicts to advance the agenda of the left and set it in legal concrete, immune from the democratic process.

Would you want to go into court to appear before a judge with “empathy” for groups A, B and C, if you were a member of groups X, Y or Z? Nothing could be further from the rule of law. That would be bad news, even in a traffic court, much less in a court that has the last word on your rights under the Constitution of the United States.

Appoint enough Supreme Court justices with “empathy” for particular groups and you would have, for all practical purposes, repealed the 14th Amendment, which guarantees “equal protection of the laws” for all Americans.

In part two, Sowell talks about Olive Wendell Holmes’ strict constructionist jurisprudence, which allowed citizens to undertake economic enterprises because they could predict how the law would be enforced.

Justice Holmes saw his job to be “to see that the game is played according to the rules whether I like them or not.”

That was because the law existed for the citizens, not for lawyers or judges, and the citizen had to know what the rules were, in order to obey them.

He said: “Men should know the rules by which the game is played. Doubt as to the value of some of those rules is no sufficient reason why they should not be followed by the courts.”

Legislators existed to change the law.

In part three, Sowell talks about why the judiciary must remain impartial as a check on the power of the legislative and executive branches.

Barack Obama’s vision of America is one in which a President of the United States can fire the head of General Motors, tell banks how to bank, control the medical system and take charge of all sorts of other activities for which neither he nor other politicians have any expertise or experience.The Constitution of the United States gives no president, nor the entire federal government, the authority to do such things. But spending trillions of dollars to bail out all sorts of companies buys the power to tell them how to operate.

Appointing judges to the federal courts– including the Supreme Court– who believe in expanding the powers of the federal government to make arbitrary decisions, choosing who will be winners and losers in the economy and in the society, is perfectly consistent with a vision of the world where self-confident and self-righteous elites rule according to their own notions, instead of merely governing under the restraints of the Constitution.

In part four, Sowell explains how big government socialists like Obama view the Constitution as an obstacle to be overcome.

Judicial expansion of federal power is not really new, even if the audacity with which that goal is being pursued may be unique. For more than a century, believers in bigger government have also been believers in having judges “interpret” the restraints of the Constitution out of existence.

They called this “a living Constitution.” But it has in fact been a dying Constitution, as its restraining provisions have been interpreted to mean less and less, so that the federal government can do more and more.

For example, the Constitution allows private property to be taken for “public use”– perhaps building a reservoir or a highway — if “just compensation” was paid. But that power was expanded by the Supreme Court in 2005 when it “interpreted” this to mean that private property could be taken for a “public purpose,” which could include almost anything for which politicians could come up with the right rhetoric.

Walter Williams

And Walter Williams writes about the dangers of empathy using last year’s Super Bowl as an example.

The Pittsburgh Steelers have won six Super Bowl titles, seven AFC championships and hosted 10 conference games. No other AFC or NFC team can match this record. By contrast, the Arizona Cardinals’ last championship victory was in 1947 when they were based in Chicago. In anyone’s book, this is a gross disparity. Should the referees have the empathy to understand what it’s like to be a perennial loser and what would you think of a referee whose decisions were guided by his empathy? Suppose a referee, in the name of compensatory justice, stringently applied pass interference or roughing the passer violations against the Steelers and less stringently against the Cardinals. Or, would you support a referee who refused to make offensive pass interference calls because he thought it was a silly rule? You’d probably remind him that the league makes the rules, not referees.

I’m betting that most people would agree that football justice requires that referees apply the rules blindly and independent of the records or any other characteristic of the two teams. Moreover, I believe that most people would agree that referees should evenly apply the rules of the games even if they personally disagreed with some of the rules.

But what if the Steelers had lost due to referee partiality? Well, presumably they would stop playing the game. And when enough small businesses get tired of being sued by special interest group plaintiffs, we will all be working for the government and that will be the end of our liberty.

Further study

Probably one of the greatest books ever written is Thomas Sowell’s “A Conflict of Visions”. Go out right now and buy it if you don’t have it, but be warned, it was a tough read for a software engineer like me, and my Dad also found it difficult when I gave it to him.

News

How religious faith drives the delusion of Darwinism

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Commenter ECM alerted me to Cornelius Hunter’s new blog “Darwin’s God”. Cornelius is a software engineer like me who rose up the ranks of the firm through “sweat equity”, and was able to eventually pursue a PhD in Biophysics from the University of Illinois. I have his first book “Darwin’s God” and I read it. His thesis is basically that theological beliefs about what God would and would not do are the driving force behind evolution.

Evolution and the problem of evil

Here is his latest post about a debate that occured at Westminster Abbey between an atheistic evolutionist and a theistic evolutionist.

Here’s what the theistic evolutionist said:

Alexander is a theist and Jones an atheist. But they both agree that God would not have created what we find in this world. Everything from programmed cell death to the extinction of so many species and the food chain points to a massive economy of death in nature. With this sort of evidence, “What kind of a designer,” asks Alexander, “are you going to end up believing in?

…According to Alexander, this problem of death and evil does not leave much room for a divine creator. Alexander concludes that God did not create the details of the world. He is thus absolved of the world’s many evils. He implemented a framework of sorts, but let unguided processes do the rest.

And here’s what the atheist evolutionist said:

As with Alexander, Jones also finds that biology does not meet with his expectations of divine creation. “The feeblest of designer,” Jones has written, could improve the design of the human eye. This and other examples, says Jones, shows that complex organs are “not the work of some great composer but of an insensible drudge: an instrument, like all others, built by a tinkerer [i.e., the evolutionary process] rather than by a trained engineer.” As with Alexander, Jones’ religious sentiment mandates some sort of evolution to be true.

So let’s think about what causes people to become evolutionists, beyond the normal answers of peer-pressure, career preservation, wanting to be thought of as smart, wanting to rebel against parents, wanting to have sex and drink alcohol, etc. Is it about science? No. It’s about knowing what God would do and observing that the world does not correspond to these ideas of what atheists think God would do.

Remember that post I wrote a while back about Christopher Hitchens’ case against God. None of his arguments against God were based on evidence, but only on his personal preferences. God wouldn’t have done it that way. God should have done it this way. I don’t like this theology. I don’t like that feature of the universe. It’s just a long-running temper tantrum against any kind of authority, regardless of the evidence.

Here’s Dawkins explaining how unobservable aliens must ave evolved, even if Dawkins doesn’t have any evidence:

He doesn’t even need to see the evidence that we evolved. He knows that God wouldn’t have created the life this way, and so the evidence is irrelevant.

Evolution and the problem of sub-optimal design

Another way that assume that evolution is true, other than childhood trauma and the desire to be morally evil, is by assuming that if material forces did not do the creating, then the design must be optimal. Now I am a software engineer, with undergraduate and graduate degrees, a published paper that I presented at the IEEE and a patent in wireless technology. My specialty is architecture. So I will tell you.

There is no such thing as an optimal design.

As part of my graduate course work, I had to study the work done at the Software Engineering Institute at the Carnegie-Mellon University. They have invented an entire methodology for designing software based on analyzing trade-offs between alternative architectural candidates. They use use case scenarios, disaster scenarios, maintenance scenarios and other scenarios in order to evaluate how well each architecture performs.

All of the architectures can satisfy the so-called “functional requirements”. But the architectures differ in their ability to satisfy non-functional requirements, the “-ilities”. These can include performance, maintainability, security, extensibility, testability, simplicity, re-usability. This is the bread and butter that software engineers like me have to deal with every day.

Here’s an excerpt from a related post from Uncommon Descent:

It is simply impossible for one architecture to have all the “ilities” because many conflict. For instance, if I want high “security” I am going to have to give up a good deal of “interoperability”. A large part of architecture is actually deciding what you are going to give up, which incidentally affects how the architecture can change in the future (i.e. usually it cannot “evolve” to conform to different “ilities”). This is all still fairly new, but we are now able to judge architectures in terms of the “ilities” they match and the “ilities” they do not match. A better understanding of the conflicts between certain “ilities” is gradually developing.

When I worked in the embedded space on operating systems like VxWorks, we regularly traded-off memory against speed. It’s the nature of the engineering business. And make no mistake – God is a software engineer. He writes code.

Conclusion

Hunter’s article concludes with this:

Have the theists sold out? Have the theists been duped? Are they afraid to stand up for themselves? Are the atheists taking over? No, no, no, and no. The theists and atheists are united in their religious beliefs about God and how he would interact with the world. They may have their differences, but regarding evolution those differences are irrelevant. Their shared religious convictions mandate evolution. Religion drives science and it matters.

I have an idea. Let’s keep religion out of science and decide how we really got here, no holds barred. Instead of blocking debates and persecuting dissent, let’s actually have a debate about origins, and not rule intelligent causes out before we look at the evidence.

Further study

Atheist responses to scientific arguments for theism are fun to understand. Atheists attribute the beginning of the universe to untestable theories and the fine-tuning to an unobservable multiverse. (And don’t forget their lame responses to galactic, stellar and planetary habitability arguments)

http://www.uncommondescent.com/intelligent-design/ilities-judging-architecture-and-design/
News

North Korea conducts second nuclear test, Obama sternly disapproves

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Story from the New York Times. (H/T Stop the ACLU)

Excerpt:

North Korea announced on Monday that it had successfully conducted its second nuclear test, defying international warnings and drastically raising the stakes in a global effort to get the recalcitrant Communist state to give up its nuclear weapons program.

Word of the test sent a shudder through Asian financial markets and clearly caught South Korea and the United States off guard. The news hit just as South Korea’s government and people were mourning the suicide of former President Roh Moo-hyun. And hours after the test was reported, South Korean state media reported that the North had fired a short-range missile.

Stop the ACLU has reactions from around the blogosphere.

  • Michelle Malkin: Emergency wrist-slap to follow.
  • Ameripundit: Clearly this situation calls for additional appeasement. Oh, and a speech on how the United States should eliminate its nuclear weapons stockpile.
  • Ace of Spades: This failure of diplomacy clearly shows the need for more diplomacy…. missile defense remains unproven.

Obama who recently cut missile defense funding, and defunded our nuclear weapons program, has issued this sternly-worded statement of appeasement to the communist dictator. Democrats, what did you expect? Did you even try to assess his voting record and qualifications during the election? This was all as plain as day to anyone who could be bothered to read about Obama before his election.

What about Hugo Chavez?

The Washington Post also reports on Obama’s very good communist friend Hugo Chavez. (H/T Stop the ACLU, Nice Deb)

Excerpt:

WHILE THE United States and Venezuela’s neighbors silently stand by, Hugo Chávez’s campaign to destroy his remaining domestic opposition continues. On Thursday night state intelligence police raided the Caracas offices of Guillermo Zuloaga, the president of the country’s last independent broadcast network, Globovision. They claimed to be looking for evidence of irregularities in the car dealership that Mr. Zuloaga also runs. In fact this was a thinly disguised escalation of an attack that Mr. Chávez launched this month against Globovision.

In February Mr. Chávez eliminated the limit on his tenure as president after a one-sided referendum campaign that included ugly attacks on Venezuela’s Jewish community. Since then he has imprisoned or orchestrated investigations against most of the country’s leading opposition figures, including three of the five opposition governors elected last year. The elected mayor of Maracaibo, who was the leading opposition candidate when Mr. Chávez last ran for president, was granted asylum in Peru last month after authorities sought his arrest on dubious tax charges. The National Assembly, controlled by Mr. Chávez, is considering legislation that would eliminate collective bargaining and replace independent trade unions with “worker’s councils” controlled by the ruling party. Another new law would eliminate foreign financing for independent non-government groups.

Obama can’t object, because that’s what his Democrat constituents approve of doing with the right in this country.

What about Ahmadinejad?

If you can’t remember his name, think of “I’m mad in a Jihad”. Remember, Iran recently tested medium range missiles capable of hitting Israel.