Sunday, May 25, 2014

Reflections on Memorial Day

When I went to Viet Nam over forty years ago, the military draft had just ended and the all-volunteer force was implemented (and is still in effect).
  
The practical result is that many of my generation are veterans (Bill Clinton is among the notorious exceptions) whereas few members of the following generations are.

For my compatriots and me, Memorial Day has real meaning.  And for those who served in combat, the meaning has a strong emotional component as well.  We remember.  We survived.  Some of our comrades did not.
 
Most veterans I know are proud that they served.  And we have, as a result, a special loyalty to our country.  We veterans have made investments in her, if you will, that our fellow citizens have not.  And too many do not understand.

Perhaps the consequences are inevitable.  As fewer people serve in our military, fewer Americans appreciate the sacrifice we made and the risk taken – by those who are – or have been – in the armed forces.
 
Does this fact explain, at least in part, the callous disregard for the welfare of veterans displayed by the Veterans Administration bureaucracy (few of whom, I’ll surmise, are veterans themselves)?

Please remember, Memorial Day is testament to the cliché:  Freedom is not free.

Sunday, May 18, 2014

What’s So Great About Democracy?

We Americans are taught early, as part of our national catechism, that democracy is good.  We are a people who have the freedom to choose our own leaders.  Of course, that sentiment is correct and worth celebrating.  But the thought is incomplete. 
For we also honor – I suggest more so – that we are a free people with individual rights that are protected even in the face of majority opposition. 
In fact, political scientists would term the American political system as a “liberal democracy” (even more formally as a republic/representative government which respects minority rights).
The term liberal, classically, stands for liberty.  Its coupling with democracy seems redundant for most Americans.  But that is certainly not the case in most parts of the world. 
Democracy was tried by many new African nations after the demise of colonialism on that continent fifty years ago.  In practice, it usually meant “one man, one vote, one time”.  Liberty wasn’t part of the political prescription.  Why was that so?  It’s not a factor of geography.  A country’s history is the reason.  The new African nations had no experience in self-government.  Consider:
Both the American and French revolutions of the late 18th century were initiated with the purpose of enshrining self-government.  Why did it succeed in the former but not the latter?  Edmund Burke, a noted British philosopher and legislator of the time, wrote a classic on the subject, Reflections on the Revolution in France.  His main point was that the foundation of a free society must be in place before self-government can survive.  He contrasted the experiences of the British people with that of the French.
From the Magna Carta of 1215 to the Glorious Revolution of 1680 and beyond, England’s history was one of a lengthy and evolutionary movement away from monarchy toward increasing self-rule and individual rights. 
France had no comparable past.  In 1789, the French Assembly proposed to plant democracy in unreceptive soil.  Unsurprisingly, it did not take root.  Even worse, the uprooting of the ancien regime which was to be replaced by democracy instead left anarchy in its place until the tyranny of Robespierre and other practitioners of the French terror filled the void, themselves to be supplanted shortly thereafter by Napoleon.
Fast forward to the 20th century.  Efforts to introduce democracy in Russia in 1917 after the ouster of the Czar failed for the same fundamental reasons, as was the case in many other parts of the world to include, I predict, both Iraq and Afghanistan.  There is, and was, no significant history of self-government,
It is one of the enduring - and endearing - qualities of Americans in general (and, I might add, an example of our exceptionalism) that we want to share our blessings with the rest of the world.  We are who we are in part because we are idealistic and optimistic.  But, unlike most other peoples, we are also impatient and unrealistic in our expectations that others are willing – and able – to adopt what we offer.
The gift of liberal democracy requires a ready and grateful recipient if it is to be accepted.
Burke was - and conservatives are – not being ungenerous in pointing out these truths.  Ignoring reality not only dooms efforts but invites horrors much worse than that which prompted the change.  Ask French liberals of 1789 or the Russian variety of 1917.  

Sunday, May 11, 2014

The Problem With Legalizing Marijuana

As a criminal defense attorney, I have represented many, many people accused of smoking marijuana.  Most thought it was a harmless activity which brought momentary pleasure.

Be that as it may, I would tell them, it is also illegal and thus its use entailed the risk of harmful consequences in court.  Consider finding your pleasure, I would suggest, in lawful pursuits.

Of course, some continued to ignore the law’s proscriptions, but others mended their ways.  And that, after all, was the law’s objective.
 
The premise of drug laws is that the use of intoxicants should be discouraged.  Such drugs are bad for society since users are less likely to be contributing members in a number of ways.

So if deterrence is a worthwhile accomplishment, laws making marijuana illegal work.  We’re not talking about stunning success here.  Plainly, many people smoke “weed” in jurisdictions where its use remains against the law.
 
But I have no doubt that legalizing marijuana will surely increase the numbers using it.  Members of society who might have partaken, but for its illegality, will no longer be deterred.

Well, so what?  Is marijuana worse than tobacco or alcohol?  According to research, no and yes.  Apparently it’s not as addictive.  But it’s also a gateway to more damaging drugs like heroin and cocaine.  That’s not to say that the marijuana smoker will inevitably turn into a heroin addict, but there is a significant risk.  [There is also considerable evidence that pot smoking in young adolescents and young adults is harmful to their still-developing brains.] 

Libertarians contend, understandably, that adults have the right   to live by their choices.  Alcohol and cigarettes pose serious health problems.  And they are legal.  But traditional conservatives, certainly not antagonistic to liberty, ask if expanding the pool of people engaging in potentially dangerous activities is good for society as a whole?


Sunday, May 4, 2014

A Dissenting View on the Treatment of LA Clippers' owner Donald Sterling

The condemnation of an NBA basketball owner for racially charged remarks made to his girlfriend has been nearly universal, coming from all shades of political opinion.
 
Donald Sterling, 80 year old owner of the Los Angeles Clippers basketball team, was recorded by his girlfriend saying that he didn’t like her being photographed with black friends, specifically naming hoops legend Magic Johnson.

The reaction to the release of the recording landed on Sterling’s head like the proverbial ton of bricks.  Within days, prodded no doubt by a chorus of attacks, Sterling was banned by the National Basketball Association and efforts were promised to force him to sell the team.

Why?
 
Of course, his words were objectionable.  It’s fair to conclude that he doesn’t like black people.  He’s prejudiced.
 
Was he punished for revealing that fact?  I certainly don’t know Donald Sterling.  Besides being a bigot, he may be a miserable, despicable person on a variety of fronts.

But that’s not the focus of the widespread outrage.  It is that he expressed hostility toward another race?
Be honest.  Who among us, of whatever race, or mixture thereof, is free of any racial prejudice?

We have laws, not against racial bias as an attitude, but rather against its practice.

Supposedly, as a society, we don’t care what you think.  It’s what you do that counts.
 
As a restaurant owner, for instance, it matters not whether you like blacks.  But you are forbidden to refuse service to customers who are
.
Thus, the question that should have been answered before Sterling’s head rolled was how he ran his team.

In that regard, it is relevant that most of the Clippers’ squad was black (as is the case with the rest of the NBA teams) and that the team is coached by Doc Rivers, a black man and esteemed NBA player in days-gone-by.  It’s noteworthy that most NBA coaches are not black.  Nor is there any evidence that Sterling treated team members of whatever color in an unfair or hostile manner.

It would appear that, in fact, Donald Sterling was punished for what he thought in private, not what he did in public.
 
Is that the new standard for America?  Speak your mind, even in private, at your economic peril?