Bill of Rights celebration at the Wrigley Mansion

Kat and I attended Alan Korwin's Bill of Rights celebration, celebrating the 217th anniversary of the Bill of Rights, which was held this evening at the Wrigley Mansion. There were several hundred people in attendance, mostly civil libertarians of both liberal and libertarian varieties, including people from the Institute for Justice and the ACLU. We were asked in the invitation to think about which Amendment is our favorite--I would probably rank the 1st and 4th at the top of my list, of which the 1st is much healthier than the 4th. I'd also put the 8th and 5th high in importance, both of which have taken some recent hits but are showing signs of recovery. And of course the 6th, and the under-utilized 9th... ah, heck, they're all important. The crowd seemed dominated by 2nd Amendment fans, not surprising since Alan Korwin is the author and publisher of numerous books on U.S. gun laws.

The reading of the Bill of Rights and its preamble was excellent, but I was disappointed that the event included a Patrick Henry impersonator played by Lance Hurley of Founding Fathers Ministries. Hurley is a Christian who endorses David Barton's works of pseudohistory on his website (for which the antidote is Chris Rodda's Liars for Jesus), and at the event argued in character, with quotations from Henry, that the 2nd Amendment came from the teachings of Jesus Christ, that the American revolution was fought on Christian principles, and the Constitutional Convention succeeded because of Ben Franklin's prayer. He also stated, when there were discussions of the health of the first ten amendments to the Constitution, that freedom of religion is in serious danger, because no one can mention God in schools but the Koran can be discussed. This is simply untrue--God and the Bible can be discussed by students, but such discussions cannot constitutionally be imposed by state agents such as teachers and administrators in a way that constitutes an establishment of religion. The Bible can be legally taught as the combination of myth, history, poetry, literature, and religious doctrine that it is, but Christianity cannot be endorsed as true by state agents. The same rules apply to the Koran. Hurley seems not to realize that Madison's version of the First Amendment won out, not Henry's. Some Christians--and it appears that Hurley may be one of them--have a view that their freedom of religion is infringed if they are prevented from legally imposing their religion on others through acts of state agents.

I'll find it amazing that Christians consider themselves to be a poor, persecuted minority prohibited from expressing their religious views when they are, in fact, regularly engaging in establishment clause violations, and Congressmen are signing on to bills like last year's House Resolution 847.

Hurley does public speaking as both Patrick Henry and George Washington--I wonder if his George Washington is historically accurate with respect to Washington's religious views. He's also an advocate of conspiracy theories (Illuminati, Trilateral Commission, Bilderbergers, etc.) and an advocate of the National Day of Prayer.

Further fringe elements were represented at the event by Ernie Hancock of the Ron Paul Revolution, who distributed multiple pieces of literature promoting his Freedom's Phoenix website, billed as "uncovering the secrets & exposing the lies." That site also promotes conspiracy theory, including "9/11 truth" conspiracy claims.

In the discussions, several people brought up Phoenix's recently installed freeway traffic speed cameras as evidence of the sickliness of the Bill of Rights, though no one really offered an explanation of how the Bill of Rights is violated by them. And the objection seemed to only be to the cameras, not to speed limit laws. I'm not a fan of speed cameras, and I agree that they are more of a revenue generation method than a safety measure, but I don't see an obvious case that they violate the Bill of Rights.

That's not to say that the event was entirely dominated by the lunatic fringe--one woman in the audience commented that she was particularly concerned about the 4th Amendment, because she is now regularly stopped at a "border checkpoint" while driving between destinations well inside the U.S. border, because of the 100-mile "Constitution-free zone" that the courts have created around the perimeter of the U.S. And Jennifer Perkins of the Institute for Justice pointed out that even though the U.S. Supreme Court blew a gigantic hole in the 5th Amendment with the Kelo case, nearly all of the states have passed legislation adding further protections against eminent domain abuse (and Arizona's are the strongest).

There was one critical mention of the USA PATRIOT Act (by the Patrick Henry impersonator, to well-deserved applause), but no mention of Guantanamo Bay, the Military Commissions Act, or torture that I noticed. I think concern over traffic cameras is at least a bit lower on the priority list than any of these items. A point in favor of the Patrick Henry arguments is that he correctly identified the risk of expanding executive power and judicial decisions that disregarded basic rights (the fact that the Bill of Rights, as well as the Constitution itself, has many passages that have effectively been written out of it, is testament to the accuracy of that prediction).

The First Amendment's guarantee of free speech, at least, is alive and relatively well.

UPDATE (December 16, 2008): Ed Brayton at Dispatches from the Culture Wars points out that Ron Paul introduced the American Freedom Agenda Act which would:

Repeal the "Military Commissions Act of 2006" and thereby restore the ancient right of habeas corpus and end legally sanctioned torture by U.S. government agents

Restore the "Foreign Intelligence Surveillance Act" (FISA) and thereby outlaw warrantless spying on American citizens by the President of the United States

Give Congress standing in court to challenge the President's use of "signing statements" as a means to avoid executing the nation's laws

Make it illegal for government agents to kidnap people and send them abroad to be tortured by foreign governments

Provide legal protection to journalists who expose wrong-doing by the Federal government

Prohibit the use of secret evidence to label groups or individuals as terrorists for the purpose of criminal or civil sanctions

Ed suggests, and I agree, that writing or calling your elected representatives and asking them to support this bill is a good way to do something to preserve and protect the Bill of Rights.

Otto on a fundraising mailer

Our dog Otto continues his celebrity career by being featured on the front of a "save the date" postcard for a fundraiser for Altered Tails, a local charity that provides low-cost spaying and neutering for dogs and cats. The image is a painting done by local artist Susan Barken.

Who started the "War on Christmas"

I had previously been aware of Fox News "The Big Story" anchor John Gibson's book, The War on Christmas, as well as former National Review author John O'Sullivan's 2001 article on the subject, and of course Bill O'Reilly's repeated misrepresentations on the subject. But until I read Max Blumenthal's article, "Who Started the War on Christmas?," I wasn't aware of VDare founder Peter Brimelow's role. Turns out he blames it on the Jews.

(Previously, previously, previously, previously, previously.)

Drunk driver kills someone, yet gets only a speeding ticket

Mario Chavez was driving drunk when he hit another car, killing its driver, 20-year-old University of Maryland student Brian Gray. Gray's mother was traveling behind him in another vehicle, and watched her son die. When police arrived at the scene, they did not bother to give Chavez a test for his blood alcohol level. Chavez lied to investigators about what he was doing prior to the crash, claiming he was sleeping even though his cell phone records show that he was talking on the phone. He didn't lose his job and he has only received a speeding ticket. Brian Gray, however, had blood taken from his dead body to see if he had been drinking, but he had not.

It seems the rules are different when the guilty party is a police officer. Mario Chavez is a Prince George's County, Maryland police officer who was driving his patrol car at the time of the accident. For some reason the black box recording device for his police cruiser has not been checked for evidence due to "software problems." A page of nurse's notes about Chavez after his admission to Prince George's Hospital after the crash has also disappeared.

(Via The Agitator.)

Quarterbacks, teachers, and financial advisors

I'm generally quite averse to watching sports, let alone reading about them. But I did read Michael Lewis's Moneyball at one sitting and just read Malcolm Gladwell's "Most Likely to Succeed" in the December 15 issue of The New Yorker.

Gladwell's article looks at examples of jobs where there are few, if any, available measurements of performance available before hiring that correlate with success in the position. The performance of college quarterbacks doesn't track their success in the NFL (apparently due to factors such as the sizes of players and the types of offensive formations used), and none of the items on a resumé seem to predict the success of teachers or financial advisors.

Yet quality of teaching is a huge factor in student educational success (as I've previously noted on this blog with regard to an Economist article about a McKinsey & Co. study that compared education across OECD nations). As The Economist article I referenced noted, "Studies in Tennessee and Dallas have shown that, if you take pupils of average ability and give them to teachers deemed in the top fifth of the profession, they end up in the top 10% of student performers; if you give them to teachers from the bottom fifth, they end up at the bottom. The quality of teachers affects student performance more than anything else."

Gladwell suggests that we should find a way to hire more teachers, have them apprentice with demonstrably successful teachers, and weed out the bad ones. But the most successful nations do not follow Gladwell's suggestion of increasing the number of new teachers, instead doing nearly the opposite. Again quoting The Economist:

Nor do they try to encourage a big pool of trainees and select the most successful. Almost the opposite. Singapore screens candidates with a fine mesh before teacher training and accepts only the number for which there are places. Once in, candidates are employed by the education ministry and more or less guaranteed a job. Finland also limits the supply of teacher-training places to demand. In both countries, teaching is a high-status profession (because it is fiercely competitive) and there are generous funds for each trainee teacher (because there are few of them).

South Korea shows how the two systems produce different results. Its primary-school teachers have to pass a four-year undergraduate degree from one of only a dozen universities. Getting in requires top grades; places are rationed to match vacancies. In contrast, secondary-school teachers can get a diploma from any one of 350 colleges, with laxer selection criteria. This has produced an enormous glut of newly qualified secondary-school teachers—11 for each job at last count. As a result, secondary-school teaching is the lower status job in South Korea; everyone wants to be a primary-school teacher. The lesson seems to be that teacher training needs to be hard to get into, not easy.

Gladwell's suggestion of apprenticeship, however, fits with the McKinsey & Co. study suggestion of improving teacher training and encouraging good teachers to share information and lesson plans with each other, as well as having top teachers provide oversight to teacher training.

Wal-Mart pricing on Jesus shirts

(Via FailBlog.)

A Very Merry Unauthorized Children's Scientology Pageant

Tempe's Stray Cat Theatre is performing "A Very Merry Unauthorized Children's Scientology Pageant," December 5-20.

The East Valley Tribune has described the show, and more details may be found at the Stray Cat Theatre's website.

UPDATE (December 19, 2008): A few of us went to see the show last night, which I've described in a separate post.

Roger Ebert reviews Expelled

In what may be the most entertaining review of "Expelled" yet, Roger Ebert gives Ben Stein what for in the Chicago Sun Times:

This film is cheerfully ignorant, manipulative, slanted, cherry-picks quotations, draws unwarranted conclusions, makes outrageous juxtapositions (Soviet marching troops representing opponents of ID), pussy-foots around religion (not a single identified believer among the ID people), segues between quotes that are not about the same thing, tells bald-faced lies, and makes a completely baseless association between freedom of speech and freedom to teach religion in a university class that is not about religion.

And there is worse, much worse. Toward the end of the film, we find that Stein actually did want to title it "From Darwin to Hitler." He finds a Creationist who informs him, "Darwinism inspired and advanced Nazism." He refers to advocates of eugenics as liberal. I would not call Hitler liberal. Arbitrary forced sterilization in our country has been promoted mostly by racists, who curiously found many times more blacks than whites suitable for such treatment.

Ben Stein is only getting warmed up. He takes a field trip to visit one "result" of Darwinism: Nazi concentration camps. "As a Jew," he says, "I wanted to see for myself." We see footage of gaunt, skeletal prisoners. Pathetic children. A mound of naked Jewish corpses. "It's difficult to describe how it felt to walk through such a haunting place," he says. Oh, go ahead, Ben Stein. Describe. It filled you with hatred for Charles Darwin and his followers, who represent the overwhelming majority of educated people in every nation on earth. It is not difficult for me to describe how you made me feel by exploiting the deaths of millions of Jews in support of your argument for a peripheral Christian belief. It fills me with contempt.

Pastor who got "under God" added to pledge dies

Lest there was any remaining doubt that the 1954 insertion of "under God" into the pledge of allegiance was explicitly religious, the news has covered the death of the Rev. George M. Docherty, a Presbyterian minister from Scotland, noting that it was his sermon heard by President Dwight D. Eisenhower that prompted the change:

"I didn't know that the Pledge of Allegiance was, and he recited it, 'one nation, indivisible, with liberty and justice for all,'" he recalled in an interview with The Associated Press in 2004. "I came from Scotland, where we said 'God save our gracious queen,' 'God save our gracious king.' Here was the Pledge of Allegiance, and God wasn't in it at all."

He delivered his sermon calling for "under God" to be added to the pledge first in 1952 with little effect, but delivered it again on February 7, 1954, while Eisenhower was in attendance at the New York Avenue Presbyterian Church in Washington D.C., near the White House. Eisenhower immediately let Congress know he wanted it to happen, and Rep. Charles G. Oakman (R-MI) introduced a bill the very next day to make that addition, which Eisenhower signed into law on Flag Day.

Michael Newdow currently has a second lawsuit working its way through the courts to remove "under God" from the pledge on the grounds that Congress's action was a violation of the establishment clause of the First Amendment. His first lawsuit went to the Supreme Court, where the justices declined to rule on the merits of the argument, and instead reasoned that he lacked standing to bring the suit because he was involved in a custody dispute over his daughter, who was the plaintiff because she was required to recite the pledge in school. That ruling, like Eisenhower's signing of the original unconstitutional bill, was delivered on Flag Day (in 2004).

Phoenix-area foreclosures

Yesterday the Arizona Republic had an interactive foreclosure map and document of data (PDF) which includes the monthly foreclosure statistics for the last eighteen months:

April 2007: 553
May 2007: 475
June 2007: 579
July 2007: 676
August 2007: 806
September 2007: 1,093
October 2007: 936
November 2007: 1,344
December 2007: 1,617
January 2008: 2,052
February 2008: 2,249
March 2008: 2,365
April 2008: 2,969
May 2008: 3,402
June 2008: 3,717
July 2008: 4,104
August 2008: 4,013
September 2008: 4,378
October 2008: 4,587

Total foreclosures per year:
2004: 4,444
2005: 1,370
2006: 1,070
2007: 9,920
2008: 33,836 through October

This is not good news for a state where construction and real estate provide a large share of the employment opportunities. It is good news for those who do not own homes and have been waiting to buy at lower prices--it looks like next year will offer significantly better prices than this year, but there are still a lot of delusional sellers out there asking way too much. (There's a two-bedroom, two-bathroom house on a half acre in a quiet neighborhood near us that looks very nice, but is probably worth about half of the $429,000 asking price, based on comparable sales and the current downward trend. Zillow says it's worth $277,000.)

See their summary article, which has links to the map and other documents.