Unplanned Interlude

Oh, where to begin? If what serves me for memory these days is reliable, the last time I put any up on this ‘umble blog was just about exactly two months ago today.

This is being typed in the Pittsburgh airport. I had not intended to travel to Pittsburgh. Not that I have anything against the city or its state. It’s just that I had intended to be somewhere over the Atlantic Ocean at this exact moment, on my way to Germany by way of Constantinople. [Digression: The place was the capital of the Eastern Roman Empire for just over 1,100 years, from 330-something to 1453. It was Constantinople all that time. Even once the Turk conquered it, the place stayed Constantinople until the 1920s. When the Turk has held the place as long as the Romans did, I’ll call it whatever they want me to. So call me back in 500-odd years.]

I am flying to Germany for the first time in almost exactly five years. In fact, other than a nine-day trip with my youngest boy in the summer of 2013 (nine days, eight nights in a tent, 2,512.4 miles, six states, five battlefields, two museums, a national parkway, and a mountain, and although he was one month past his seventh birthday, he never once complained about being hot, thirsty, hungry, tired, or bored . . . and the whole trip was for the 150th anniversary of Gettysburg), it’s my first vacation since then. I’d like to say I’ve earned it, but that wouldn’t be the case. Suffice it to say that the opportunity came my way, and that was that.

I’ll be spending most of my time in southwest Germany, rednecking around with an old law skool buddy of mine. But weekend after this coming one, I’ll be heading to Dresden for a few days. I’ll be there on the anniversary of the bombing. Every year on that night everyone turns out in downtown, down by the Frauenkirche, mostly, with candles. At exactly the moment when the first bombs began to fall, every church bell in town lights off. Here’s a YouTube video of it. Pretty impressive.

On a side note, one of the things I miss most about Germany is the sound of church bells. Real church bells, not the anemic tinklings of American churches, or – even worse – the electronic carillons you run into in places as incongruous as the county seat of my tiny little county.

So there we were, heading for Washington International, and the nice pilot comes over the intercom to allow that the weather’s closed in at Dulles and we’re getting diverted to Pittsburgh. We were supposed to arrive at Dulles at 9:15 p.m; my connecting flight (on Turkish Airlines) was to leave at 11:10 p.m. At the risk of understatement, I did not make my connecting flight. So my choices came down to either throwing away all the money I’ve put into this trip so far, or paying several thousand dollars for an alternative connection to somewhere in Germany, or just buy another ticket for the same flight tomorrow night (Turkish has only a single flight each day from Dulles). I went for Option C, and so now, once United finally puts this flight on the ground in Washington, whenever that happens, I’ll get to spend until not quite 24 hours from now mooning about an airport.

I do propose to blog from Germany.  I also propose maybe to catch up on at least some of the posting that’s been cracking about in my skull.  We’ll have to see.

A Difficult Season

I am, as mentioned, a small-town lawyer.

This is the Christmas season in a small town.  It is the time of year when people — clients, neighbors, business associates, and others — go flitting about town delivering plates of delightfully decadent snacks.  Most of it falls under the heading of Death by Sugar and Cholesterol, but sometimes it will actually have nutritional value (those veer towards Death by Sodium).

What I’m getting at, here, is that it’s all insanely good food, made personally by people you know, and by the end of the season you can easily find yourself carrying another 10-15 pounds you didn’t have the day before Thanksgiving.

Unless, of course, you’re wearing your Invisalign trays, and it’s just too much of a pain in the wazzoo to pop them out, snarf down a chunk or two of peanut butter fudge (with walnuts) . . . and then have to go through the whole ritual* of flossing, scrubbing, and brushing.  In that case you moon about the table in the office kitchen, speculating on whether it would be (damned subjunctive mood) more enjoyable to get outside some country ham biscuits, or the peanut butter fudge aforesaid, or the home-made brittle, or the fruitcake, or the oatmeal raisin cookies, or the . . . . stop it! leave me alone! I can’t take it any more!!!

But none of it is for thee, O Wearer of Invisaligns.  You must wander on, past open doors with your co-workers wading into the goodies and chit-chatting back and forth on how they just love it when Mrs. So-and-So breaks out the cookie sheets and get the wind properly in her sails.

I  can tell it’s going to be a long Christmas season.

*[The other evening, as I was ruefully scrubbing the trays for what felt like the 157th time that day, I realized that what I most felt like was a monk, wearily chanting away at the liturgical hours, 24/7/365.  Matins, lauds, prime, sext, none, vespers, compline, and so forth, endlessly, in a loop.  I don’t know if they were into orthodontia at Cluny, but for eternal dreariness I’ll back Invisaligns against the Rule of St. Benedict any day.]

Braces and Me

This will be the introductory and title post on a brand-new category on this blog.

I am, unless I turn out to defy all reasonable mortality expectations, emphatically on the wrong side of the halfway mark in my life.

Ever since I was a child, I’ve been — with good reason — embarrassed by my smile, to the point that I generally try not to smile, especially not when there is a camera in operation.  My teeth are widely and irregularly spaced, are not terribly straight, and by this point in life are pretty well-stained by years of propping up a good portion of the world’s coffee growers.  Some time ago, on Instapundit, I ran across a link to an article about a study that some researchers did on what, exactly, people first notice when they meet a stranger, with a specific view towards what prompts a favorable versus an unfavorable reaction in them.  The results were broken down by male and female.  I can’t remember much about the article at this point (and a half-hearted attempt to find it just now came up dry), but what I do recall is that both men and women responded that the top thing they noticed, both favorable and unfavorable, were the teeth.  Not the eyes, not — for women — the breasts, not the butt or the legs or the hair (unless perhaps hairy legs?), but the teeth.

My pediatric dentist repeatedly advised my parents back in the day not to put braces on our teeth “until our heads quit growing,” his point being, I guess, that it doesn’t really do much good to align the teeth in a skull the dimensional relationships in which are still changing.  Can’t argue with that as a proposition of theory.  On the other hand, the world is full of adult people running around with beautiful smiles and who had braces slapped on them at age 14 or so.  As well, back then I don’t think my parents could have afforded braces in any event, so perhaps his recommendation, however ill-advised, was superfluous.  I will say this much about this dentist’s competence:  He never once did bite wings on my brother or me, with the result that when I went for my DODMERB (Dept. of Defense Medical Examination Review Board) physical, in connection with applications to the service academies and NROTC, and that dentist actually did shoot my mouth, he looked at me and said (I still vividly recall this), “Kid, you’re going to lose some teeth if you don’t get some fillings ASAP.”  Sure enough, several of my teeth had enamel that hadn’t properly joined up in the cusp, thereby exposing the softer material underlying to a decade or more of abuse.  The cavities had penetrated down and hollowed them out, with the result that one is now a crown and the other — or rather, its remains, as that crown came off years ago and I didn’t have the money to replace it — is just the stumps of roots surrounding the post of the root canal.  It will have to be pulled and an implant — which I also can’t really afford — stuck in its place.  So much for my pediatric dentist’s competence.

And then I was grown and in the Navy and then law skool and then came marriage and three children and suddenly here I am on the back side of life and still embarrassed to smile at strangers.  So for my birthday, recently, my wife and my mother cooked up the notion of getting me braces.  The wife is from California, where a perfectly-aligned blazing white smile is an article of faith right up there with “global warming” and the benefits of regulating capitalistic enterprise out of existence, and so all three of my boys have not only been dragged to a very nice Jewish dentist but also a very nice Jewish orthodontist for years now.  [Lest Gentle Reader task me with ethnic animosity for that last remark, I’ll pass along that where the wife grew up, most of her neighbors and playmates were Jewish, they all went to Jewish orthodontists and dentists (as did the (Roman Catholic) wife and her 137 sisters), and they all had perfect teeth.  The idea that the guy hammering away at her and the kids’ teeth is Jewish is in the nature of medical comfort food for her; I’m not sure she’d trust a goy to Get It Right.  I say that in all seriousness; her own life experiences have imprinted in her psyche the notion that if you want the job done right, the first time, with no bullshit or tap-dancing, all else being equal you go find a Jewish guy to do it.]

And so several weeks ago I too made the trek.  I’d figured I was going to get me a “grill,” as I’m told such things are now called.  Hadn’t made up my mind how I was going to respond to people’s commenting on what someone my age is doing wearing a teenager’s dental devices.  Sometimes the truth is the simplest, after all:  These are a birthday present from my wife and parents.  But lo! when I got there I found that what was proposed was not the zareba of steel (festooned with pieces of the wearer’s last meal) that we all knew and loved as children, but rather something calling itself “Invisaligns” (cute name; get it? “invisible” and “align”).  They’re clear (mostly) plastic brackets (“trays” is what the manufacturer calls them) that are custom-manufactured to clamp in a progressive series over the wearer’s teeth and slowly jerk them from where they are to where they ought to be.

The process starts with shoving a tiny camera — I think it’s a laser beam — in to image the patient’s mouth in a series of probably 40 or more separate shots, front sides, back sides, and tops.  The computer collates all the individual shots taken and produces a fully-rotatable, three-dimensional image of exactly what each tooth looks like, where it is in relation to the others, and how it is aligned relative to the jaw.  It’s pretty neat to see, to be truthful, when you’re looking from the inside of your jaw out at the backsides of all your teeth, a tongue’s-eye view, so to speak.  Very much a what’ll-they-think-of-next sort of sensation.  The orthodontist then takes that computer imagery and uses it to design a program of “trays” which will, in the proper sequence and at the proper speed, move the patient’s teeth into their proper locations.  At least for the present, each set of “trays” is worn for two weeks.  The orthodontist can scroll you through your planned progression right there on the screen, so that you can, in a quasi-time-lapse sequence, see exactly how your teeth are going to be moving.  Or at least that’s the idea.

After about six weeks or so you receive your first sets of trays.  They just snap over your teeth and that’s that.  Unless someone’s looking very carefully they really are not obtrusive to the observer.  You can’t fully close your teeth with them in, of course, because the thickness of the plastic encases the entire exposed surface of every tooth.  So if you try to put your teeth together and grin it looks a bit like you’re snarling.

You have to wear them at least 22 hours a day.  You can’t eat with them in.  You can’t drink anything hot (like coffee, tea, or soup) because of the risk of the plastic softening.  You’re not advised to drink anything, like red wine, that would stain them.  About the only thing they allow you can consume without taking them out is water.  After eating you have to floss, brush your teeth, and clean your “trays”; you of course have to do so upon rising and before going to bed.  What this works out to is that if you’re at all diligent you’re going to end up brushing and flossing anywhere from four to six times a day.  It also means you’re going to lose weight during the process.  It’s such a pain in the butt to eat that you pretty rapidly get to the point where it’s just not worth it.  Since I can start to miss a meal or 20, that’s not really a bug but a feature for me.

In terms of cleaning, my orthodontist adjured me to avoid brushing with tooth-whitening toothpaste (risk of scratching and compromising transparency) or denture cleaners (too harsh).  In fact, the product specifically recommended to me was regular old Dawn dishwashing liquid (the blue kind; not sure why but the color was specifically part of the recommendation).  So now at the office and at home I have a cup and a small bottle of Dawn.  Before I eat (if at home), or while I’m flossing and brushing (if at the office), I’ll pop my “trays” into a cup of lukewarm water with a tiny dollop of Dawn in it.  Then after brushing I’ll rinse the Dawn off under running water and use a tiny bit of toothpaste to scrub them down.  I figure even if the plastic gets a little scarred, at the worst I’ll be done with that set in another ten or so days and what’s it to me.

How to track how long you’ve had your trays out?  I hit upon the notion of setting the timer on my phone at two hours each morning.  Then, when I pop them out to eat or drink, I start the timer counting down.  When I put them back in I pause the timer and I have exactly how much time for that day is left.  I find that I generally am left with 45 or so minutes at the end of each day, and that’s with eating my meals quickly but not bolting (I trained in Germany and so eat pretty fast in any event, although nowhere near as fast as the Germans can).

Discomfort?  I had a sense of movement for about two or three days with the first set of trays, and then it went away.  I just started the second set on Thanksgiving Day, and I have to say I really didn’t notice much movement at all, and what little I did has already vanished.  I don’t know whether it’s that I’m just fortunate enough not to be bothered by the process — just as some people experience extreme pain with traditional braces and others little or none, so also with Invisaligns — or whether my teeth, being mounted in a bone jaw that is several decades older and more brittle than what these things were designed to deal with, are simply successfully resisting the trays’ plastic and so in effect moving the plastic, instead of the other way around, but I’ve experienced so far nothing that I can describe as discomfort.  That may change, of course.  With the next set they’re going to glue tiny spuds onto my teeth at various places — the precise number and location varies with the specific patient — the better to jerk things around.  That may start the circus; maybe not.

I will say that having a set of large foreign objects in the mouth is disconcerting.  I’m not sure I’ll ever get used to that.  The plastic’s coefficient of friction is noticeably different from that of your teeth’s surfaces, and so the insides of your lips feel like they’re sticking to your teeth as you try to speak.  Additionally, because the plastic fully encloses the teeth’s surfaces, you cannot force air between your teeth while wearing your trays, which alters your pronunciation of certain vocables like “f” and “th”.  I also have the sensation of dryness in the mouth, largely as a result of the tongue’s wanting to “stick” to the back sides of the teeth.

Some days ago I was planning on drinking me a beer or twelve.  One thing I’d not seen was any warning on whether the alcohol in alcoholic beverages has any deleterious effect on the plastic, either visually or structurally.  So I Googled it, and came up with a raft of blogs about Invisaligns (apparently I’m not the only person who likes to drink me some beer, trays or no trays), including this one.  The poor ol’ gal who runs the linked blog has had, to judge from her posts, what must be in a very close running for Very Worst Orthodontic and Periodontic Experience, Ever.  In addition to needing her teeth straightened, her natural smile showed an extent of upper gum which she found embarrassing.  In all truth, how her smile used to look (she posted some pictures) didn’t seem unattractively extreme, but then it’s not my smile.  It’s hers.  The long and short is that she’s spent quite a bit of time, and more than a little money, as well as some pretty significant pain, and for whatever reason her mouth isn’t cooperating.  Teeth that won’t stay in place (after 955 days of Invisaligns . . . I was told about 18 months), a failed surgery to correct how much upper gum is exposed when smiling (together with a visible surgical scar across the smile).  The heart goes out to her.  I’ve been humiliated to see a picture of my own smile for getting on for 40 years.  Don’t give up, I guess I’d say to her; not yet.

The answer, the by way, is that you most certainly can drink beer with your trays in.  Your mouth will feel like the non-slip tile floor in a Burger King’s men’s room, of course, and from comments I’ve run across it seems the breath matches.  But then again, drinking beer in any significant quantity (as I like to do when with my friends) leaves your mouth feeling like that tile floor in any event, and who can forget Kurt Vonnegut’s description of breath that smells “like mustard gas and roses”?  Besides, when I’m drinking me some beer it’s not like I’m trying to pick up girls.  Too old, too out of shape, too behind the times for that.  Oh yeah, and I’m married, too.  All of which is to say that at least in my own Life Condition, the watchword is “splice the mainbrace” and enjoy.

I will vouchsafe Gentle Reader further updates from time to time.

Oh Boy! We’re Famous!!

For me, June, 1987 was a bittersweet month.  Without going into too great detail, a relationship which I thought had wonderful potential got side-tracked, although it took it another three years and even greater heartbreak to die.  Looking back from 25 years on, I have to admit that not only did she make the right decision for her — as was her absolute right — but also more likely than not for me as well.  But that doesn’t mean that it didn’t hurt as badly as it did at the time, or that it took any less time for the wounds to heal.  But heal they did, eventually, and although the might-have-been is always tantalizing (call it emotional rubber-necking:  I drive slowly past the memories, looking at the wreckage, and wondering what the hell happened to wad things up like that), it no longer has the power to tear the old scars wide open.

June, 1987 was also the month of the Last Show on A Prairie Home Companion, Garrison Keillor’s radio show, which was — up until the point that he discovered left-wing politics — wonderful.  It was funny, creative, poignant, well-done yet quaintly informal.  I’d bought tickets for the March 20, 1987, show for a friend and myself, and about two weeks after placing my order Keillor announced on the air that he was killing the show at the end of June.  After which point tickets became unobtainable.  My friend and I ended up driving for what seemed like six months past forever (although familiar with the map of the U.S. for years, it really hadn’t soaked in until I physically experienced it just how huge a place the Upper Midwest actually is; there were places where for more than an hour we couldn’t get FM radio on the interstate), but made the trip in good time, successfully, and had a wonderful time at the show.

That summer I was underway on my ship the night of the Last Show, and so my mother taped it for me, right off the air.  [Aside:  The video of that show, or what was purported to be that show, which came out a couple of years later, was, to put it mildly, fraudulent.  The show that was aired, and was taped by my mother live as it aired, simply does not match the performance on the VHS tape, in several material respects.  Interestingly, the CD of that show, which came out many years later and which I also have, matches the show that my mother taped.]  It was wonderful.  I didn’t have time to listen to the tapes (as I recall it took two) until some time later.  And this is the tie-in to the first paragraph of this post, above:  I listened to that show as I was driving across Canada, then through New York, and then the Massachusetts Turnpike (by way of utter irrelevance, the turnpike runs right past Stockbridge, Mass., and there was a small sign beside the road that I noticed to the effect that the fine for littering was still $50), on my way from visiting this young lady to a Navy station on the coast.  For whatever messed-up reason the two recollections — of listening to that Last Show and feeling my heart slowly tear out, mile by mile — got all twined together, with the result that it was the better part of twelve or so years before I could listen to those tapes again and not immediately experience the emotional trauma of that earlier time.

In any event, among the other things they did on that Last Show, aside from the last installment of News From Lake Wobegon, was wrap up one of their long-running series, The Adventures of Buster the Show-Dog, starring Timmy, the Sad Rich Teenage Boy, Sheila the Christian Jungle Girl, Father Finian, and of course the eponymous Buster.  The questing heroes finally make it back to St. Paul after wandering the world and decide, before parting ways, that they’ve just got to get a group photo.  So off they go to the corner drugstore, where a crooked clerk intentionally trips the alarm system and makes off with $100,000 from the till, leaving the five (including the cabbie who drove them there; they’d insisted he get in the picture as well) to face the music alone.  This all dawns on them the next morning, as they sit around the empty boxcar down at the CB&Q rail-yard, where they’d found refuge from the police the night before.  Father Finian comes back with some donuts, coffee, and a morning paper.  There on the front page are their pictures, identified as the perps in “$100,000 Drug Heist.”  They’re now wanted, fugitives.

But the point of it all is that Timmy’s reaction to reading the paper is the exclamation (he says it twice, in fact, as I recall), “Oh boy!  We’re famous!!”

So what does a radio show broadcast 28 years ago have to do with anything?

As the ‘umble proprietor of this ‘umble blog, I do pay attention — embarrassing though it generally is — to the site statistics so helpfully compiled by the lads at WordPress for my enjoyment.  It’s how I know to address things to my reader.  No, seriously, tossing posts up here is half a jump from what must have gone through Field Marshal Haig’s mind as he dispatched the troops over the top at Third Ypres.  Splendid ranks and all, and well-equipped, but you don’t really expect to see them living again.

But there is one post that I put up last year about this time, here, about cooking chitlins.  That single post has probably garnered more views than the entire rest of the blog combined.  Over the past three or four weeks it’s out-stripped by a factor of fifteen or more (I’m not making this up) every other post, new or old.  The search terms that have brought people to that post have run a pretty decent gamut of the questions that people have about the preparation, cooking, seasoning of the guts.  I really don’t quite know what to make of it.  Here I’ve spent three-plus years now putting up all manner of “heavy” stuff on this site, and yet the solitary item that routinely fetches ’em (cf. Twain: “If that don’t fetch ’em, I don’t know Arkansaw.”) is a post on cooking hog guts.

So I’m constantly reminded of Timmy’s line from that Last Show:  Oh boy!  We’re famous!!

I suppose I ought to count my blessings and go home.  If it’s true, as Oscar Wilde observed, that the only thing worse than being talked about is not being talked about, then being the go-to guy on the internet on how to boil up a nice vat of hog’s intestines beats nothing at all.

Will They Play With Fire, Again?

The Supreme Court at least in its present composition has an extremely mixed track record in upholding the basic building-block notions of the U.S. Constitution.  Its two most egregious, and potentially most damaging, cases thus far have both concerned the “Affordable” Care Act.

Gentle Reader will recall those two cases:  This first decision ruled that Congress can in fact exercise powers plainly not granted to it by any article, section, clause, phrase, or word of the document, nor which can be squeezed from the document by even the most strained reasoning, if (wait for it), Congress could have enacted a penalty on the failure to abide by that illegal power grab and called the penalty a “tax.”  Get that?  The ACA imposes a penalty on people who fail to buy insurance from private insurance companies.  Congress obliges individuals to engage in commerce, in other words, rather than merely contenting itself to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes,” which is what Article I Section 8, Clause 3 actually authorizes it to do, in respect of people who are engaging in those sorts of commerce.

Not even the clowns on this court could get five votes in favor of a power to oblige people to buy a new car every three years in order to support the personal transportation industry in America.  Remember, the industry which provides the means for individual Americans to live anywhere outside the most densely populated parts of the Northeast Corridor is one the fruits of which are of much greater importance to many more people on a much more frequent basis than the activities of health insurance companies, doctors, or hospitals.  Such an enactment would avoid the “free rider problem” of people who insist that their beat-up ol’ bangers (my 2000 Chrysler Concorde, which I picked up 16 years ago yesterday with 6 miles on the odometer, rolled 235,000 miles yesterday evening) are sufficient for their needs.  We folks who persist in driving a car until the wheels fall off by doing so deprive the automobile manufacturers of the cash flows necessary to fund their research and development to comply with ever-more-stringent CAFE standards because global warming climate change.

O! but let us not lose faith in the creativity, the revolutionary consciousness (cf. Solzhenitsyn’s chapter on “The Law as a Child,” in Vol. I of his Gulag Archipelago) Solomon-like wisdom  of our judiciary.  Congress cannot make you engage in activity.  But it can tax your failure to do so (according to the RevTrib Supreme Court), and if you don’t pay the tax it can imprison you for that failure.  And here’s where Chief Justice Krylenko Roberts really extended the known boundaries of American jurisprudence.  You see, Congress didn’t call the penalty for failure to buy health insurance a tax.  The administration and its lapdogs in Congress, in lying selling to the American public this abortion of a statute, repeatedly and explicitly disclaimed that it was a tax.  But Krylenko Roberts held that Congress could have called it a tax, and because it could have called it a tax and relied upon its taxing power to exercise indirectly a substantive power denied to it by the document itself, therefore it was a tax and therefore the individual mandate is constitutional.

Wow.  I mean, just wow.  Think of all the meaningless formalities which we can, under the Krylenko Roberts Doctrine now dispense with.  The senate refuses to ratify a treaty?  No problem:  It could have ratified the treaty, and therefore it did, and therefore that treaty, “constructively ratified,” we may call it, is now under the Supremacy Clause part and parcel of the highest law of the land.  Congress refuses to fund a program — oh, say, handing money to the baby cadaver salesmen at “Planned Parenthood”?  No problem:  Congress could have called that appropriation an expenditure for “public health,” and therefore the administration can keep shelling out tens of millions of taxpayers’ dollars.

But it gets even better:  Remember, the substance of the Krylenko Roberts Doctrine is that what matters in terms of the question, “Did Congress have the constitutional power to enact this provision?” is not, you know, whether the document actually or necessarily by implication grants that power, but rather whether Congress might have chosen to slap a monetary penalty (which the RevTrib Supreme Court can then call a “tax”) on a person’s conduct inconsistent with the desired behavior.  Let’s think of this in terms of the Fifth Amendment.  Oh no:  We’re not forcing a criminal defendant to testify against himself.  We’re just making him pay the additional expenses of proving his guilt without his cooperation.  I mean, can you say “externality”?  It costs money, dammit, good money that has to come from the public fisc to prove up a crime without a confession (hence, as Solzhenitsyn points out, the organs’ single-minded focus on obtaining those confessions, by means he and others (see, e.g: Dolgun) have described in detail).  So you don’t have to testify; oh no, you’re perfectly at liberty to sit there mute in the courtroom.  But by God we’re going to make you pony up for getting all those eyewitnesses in, all the forensic proof, the DNA testing, and all that.  And the beauty is that because it’s a tax (remember the Krylenko Roberts Doctrine, dear children), its imposition is utterly independent of our defendant’s actual guilt.  I mean, the money had to be spent, after all, and if the defendant is innocent, then there’s no reason he shouldn’t have testified to that effect, right?

Similarly, we’re not forcing you, Gentle Reader, to march in support of Dear Leader’s non-public deals to hand nuclear weapons to Iran.  But because the rest of the world, and especially Israel, will be much likelier to accept that deal if it knows that the entire American population is behind it, and the costs of ramming Israel’s physical destruction down its throat are much greater in the face of its opposition, we’re going to impose a money penalty (oh, we might have called it a tax, and therefore it is a tax, and therefore Congress had the power to impose it) on your failure to turn out for the scheduled Mass Demonstration demanding death for Zinoviev and Kamenev, the Trotskyite dogs and imperialist stooges immediate implementation of an Iranian nuclear weapons program.  By like token, we’re not forcing you to enroll your children in the Young Pioneers, or the Bund deutscher Mädel, or the Red Guards, but your unreasoning refusal to enroll them means that the school system must spend that much more time and greater resources educating them in Mao Thoughts the Führer’s Will the precepts of the Great Helmsman’s Short Course their civic duties in respect of the “Affordable” Care Act, and therefore a money penalty, which we might have called a tax but didn’t, is obviously constitutionally proper.

See how much can be accomplished through the Krylenko Roberts Doctrine?

The second case which Gentle Reader might recall is the insurance exchange case.  You’ll remember that, in order to compel the states to establish their own insurance exchanges under the “Affordable” Care Act, the availability of financial subsidy for the (now wildly-escalating) premiums was very carefully limited to those who purchased policies through exchanges established by “states,” which the statute very carefully defined to mean, you know, the 50 states of the union (and, I recall, territories and possessions as well).  All of those actors are, at the risk of pointing out the obvious, geopolitical entities, with physically-described borders.  They are not agencies or instrumentalities of anyone, like, for example, the federal Department of Health and Human Services.  Well, most of the states had better sense than to pour money down that rat-hole, and so Dear Leader’s administration set up a federal insurance exchange for people in those states, and then — here’s the flagrantly illegal part — began doling out money for policies purchased on that exchange.

The RevTrib Supreme Court upheld the illegal expenditure of public funds for an unauthorized purpose, because, well, Congress might have said “federal government,” or even “department,” and it was really important for this statute to work so we’re just going to act as if Congress actually had done what it didn’t do at all, namely include HHS within the definition of “state,” or alternatively just go ahead and authorize subsidy payments for policies bought through the HHS-run insurance exchange.  And lo! the outlay of billions of dollars is magically validated.

We may call this the “Statutory Error Doctrine”.  You see, when Congress has, through oversight (obviously it must have been just a drafting error, because reasonable minds simply cannot disagree on something so important, after all, as whether to plonk down billions of dollars on socialized health care, much in the same fashion as all sensible men being, per Disraeli, all of the same faith), omitted to authorize the administration to take Action X, whatever that may be, then the RevTrib Supreme Court will correct that li’l ol’ drafting error, and will supply what Congress plainly meant to have said, were it fully mindful of its duty to the Party.

Dear Leader’s administration is now advocating what we might call the “Statutory Omission Doctrine,” in which the RevTrib Supreme Court may supply, not merely a missing or obviously incomplete definition, but an entire statute which plainly Congress would have enacted, but for its truancy in obeying the Holy Writ of the Light Bringer.  You see, Congress, which under Article I, Section 8, Clause 4 has the power to “an uniform Rule of Naturalization,” and has done so.  Those rules provide for deportation and other nastiness for folks who come here illegally.  Congress has not chosen to exempt from those rules the parents of children who are, pursuant to the Fourteenth Amendment, citizens of the United States by right of birth.  Very awkward, by God! as the Duke of Wellington observed about William IV’s rant at the Duchess of Kent.

Some stupid redneck dirt lawyer might suppose that Congress, realizing it cannot deport minor children who are, by constitutional right, citizens and thus have a right to stay here, determined to leave in place the disincentive of family separation to discourage parents from creating such “anchor babies” in the first place.  Fine:  Your child can stay here because she’s a citizen, but your country ass is getting shipped back to Guadalajara, lady.  You’re perfectly free to take your citizen-child with you or leave her here.  If you leave her here we’ll provide for her, but you’re leaving.  Speaking as a father of three wonderful boys, I can tell you that is one powerful disincentive.  It puts, after all, the most painful burden on the only decision-maker (the pregnant woman) capable of preventing the situation from arising.  The infant cannot decide for herself, after all.  The father in fact cannot really decide.  So we’re going to make that woman wager the most sacred of human bonds against her desire to violate United States law.

Dear Leader does not like this.  He does not like this because those parents are reliable sources of money and political support.  The ones who eventually are able to vote (e.g. the anchor baby herself when she turns 18) reliably and extremely heavily vote Democrat.  So he has decided to exempt from the operation of the “uniform Rule of Naturalization” the parents of those anchor babies.  On a blanket basis.  He’s decided that the importance of keeping in place a permanent dependent class of Democrat electoral cash and support is more important than his own constitutional duty under Article II Section 3 that, “he shall take Care that the Laws be faithfully executed[.]”

Thus far he’s gone zero-for-however-many on injunctions preventing his administration from implementing this illegal program, which he calls, of course misleadingly, “Deferred Action for Parents of Americans”.  It’s not “deferred” action, but the permanent abandonment of action, and is widely known to be such.  Well, now the RevTrib Supreme Court has agreed to hear the administration’s appeal of the most recent such injunction.

We’ll have to see what Krylenko Roberts and his colleagues do.  I firmly disagree with the linked article that, “There are reasons to be sympathetic to President Obama’s efforts to overhaul America’s immigration laws. The system has been broken for decades, and political elites have proven unable or unwilling to fix it.”  It is no such thing.  It has not been enforced for decades, and this has created a painful and in many cases tragic set of facts on the ground.  But that is not the fault of either Congress or the law itself.  It is, rather, the logical outcome of hundreds of millions of politicized decisions by the ought-to-be-enforcers of the immigration laws.  Imagine if hundreds of millions of people and institutions simply refused to comply with the Internal Revenue Code.  Imagine if banks refused to produce and keep the financial records necessary to track taxpayers’ transactions; imagine if employers simply destroyed their payroll records after each pay period, and refused to remit income or payroll taxes.  Imagine if everyone simply stopped filing returns.  Imagine if all this went on, not for a season or two, but for decades.  Imagine that all this went on with the active connivance of the Internal Revenue Service.  Now, would it be intellectually or morally defensible to say that the Internal Revenue Code “has been broken for decades”?  Bullshit!  And the same response is due the claim that the immigration system is “broken,” unless by “broken,” you mean that the laws have been openly, flagrantly, and with the encouragement of government broken.  Well, yes, the immigration laws have been broken.  And for years the Fifteenth Amendment, prohibiting the denial of voting rights based upon the color of one’s skin, was openly and with the active cooperation of government “broken.”  Where is the principled argument that we should have, in the 1960s, and in lieu of adopting and ferociously enforcing the Voting Rights Act, just rolled over and allowed the South to continue on as before?

But will the RevTrib Supreme Court formally rule that, gosh darn it, this is Just So Important, and when Something is So Important, the president has the inherent power to put in place whatever program he deems expedient?  I’ll remind Gentle Reader that James II’s blanket exemptions from the religious disability laws were a principal reason (although not the final: that was the birth of a male heir) for the erosion of support which ended in the Glorious Revolution.  But will we have formally announced, with all the gravity that can be mustered by an institution which has so far beclowned itself as to rule that homosexual “marriage” is a fundamental right guaranteed by the Fourteenth Amendment, that when the president deems something sufficiently important, the allocation of “all” (not some, most, or “generally”) “legislative Powers herein granted shall be vested in a Congress of the United States” is no longer operative?

We might call such a notion the “Constitutional Omission Doctrine,” and set it forth as follows:  “If the president shall deem an issue sufficiently important, and if the Congress shall refuse to enact such legislation as the president shall deem necessary or expedient to address such issue, then the president may act in such fashion as the president shall deem appropriate, and such action shall have the force of law.”  That is pretty much the position taken by Dear Leader and his supporters.  We have an “immigration crisis,” with a “system that is broken,” and Congress refuses to act because of “partisan gridlock,” and therefore the president has the inherent “authority to act when Congress won’t.”  Because obviously the constitution’s drafters must never have imagined that Congress and the president might disagree on a matter of significant policy.  It’s just plain as day that they never intended that the federal government might be unable to act as a president thinks it ought to act because Congress has decided an issue contrary to the president’s desires.  And if they never intended that situation to come to pass, then the conclusion is inescapable that they obviously meant to include a provision in the constitution granting the president that authority, and the fact that the drafters included no such provision is merely an oversight, a mistake.  Like defining “state” such that you can’t shoe-horn “Department of Health and Human Services” into it.  Since we have a “living document” on our hands (all those silly little words about how the document may be amended are merely illustrative of one alternative method among many, after all), the fact that a fail-safe clause is nowhere to be found in the words the drafters actually used is no impediment to our now, 226 years later, recognizing that the president in fact has such a power.

I would caution the RevTrib Supreme Court against recognizing any such authority.  Once you recognize the ability of one branch to bypass another and exercise legally binding power over an issue or set of issues which the document on its face places squarely within the remit of another branch, what is then to prevent the doctrine’s application to the RevTrib Supreme Court itself?  Obviously, after all, the drafters never intended to create a situation in which a number of unelected, unaccountable nincompoops would usurp the expressed policy decisions of the legislative and executive branches.  I mean, the whole point of freeing ourselves from a monarchy, an prohibiting titles of nobility, was precisely to ensure we never became the playthings of a court and court party.

For example, consider the Defense of Marriage Act.  Passed with overwhelming bipartisan support and enthusiastically signed by a president from the party not in control of Congress, the RevTrib Supreme Court declared it unconstitutional.  We ignore the argument over whether the statute was a good idea in the first place.  Reasonable minds can differ in good faith as to whether the federal government needs to get into the business of deciding who is married and who is not, at least for purposes of federal laws where the marital status of an individual is a relevant determination.  Reasonable minds can differ in good faith as to whether marriage-is-what-you-call-it is a good policy position (I think it’s a bad policy position).  But the reasonableness and good faith of people on either side of those sorts of arguments played no part in the RevTrib Supreme Court decision.  According to it, the American people, acting through their lawfully elected representatives and approved by their lawfully elected president, did not have the right to decide the issue as they did, because the constitution does not permit that substantive outcome.

But hist!  Let us now apply the Constitutional Omission Doctrine to this dispute.  Congress determines that the RevTrib Supreme Court got its decision on the Defense of Marriage Act wrong, and because the drafters obviously intended to grant Congress the power to correct flagrantly bad court decisions (really? can it be that the drafters desired that a decision once blown should remain blown for all time, until the very institution that buggered it up climbs down and admits as much?), be it and it hereby is declared that the decision in this-that-or-the-other-case is reversed, set aside, and for naught held.  See how simple that was?  About as simple as the Democrat-controlled Congress in the late 1950s or early 1960s just un-doing Brown v. Board of Education.  Woo-hoo!  Plessy is once again the law of the land.  Gentle Reader can come of with just about any number of parade-of-horribles decisions that might fall prey to the doctrine, to the consternation of whatever group(s) or interest(s).

But Gentle Reader will tax me with hyperventilation.  Of course no Congress would ever do such a thing!  It would be politically impossible!  Never come to pass.  People would never stand for it!  And so forth.  And no administration would ignore the repeated cries for help of its overseas ambassadors, then stand by idly while an American ambassador was slaughtered like a dog and literally dragged through the streets, then send multiple representatives to lie repeatedly to the American public about why it happened.  No administration would ever weaponize the federal tax gathering apparatus to shut down the political affiliations of its political opponents, then instruct its senior administrators to destroy evidence and lie to Congress about its destruction.  We’d never have an administration concoct an attack on two U.S. warships — when no opposing forces were ever in the area on the night in question — and use that non-existent attack to obtain an authorization to wage years of undeclared but very much real war halfway around the globe.  [I’m referring, by the way, to the Gulf of Tonkin “Incident,” the non-existence of the second “attack” of which is related by no less personage than Vice Adm. Stockdale, who was in the air over the Maddox and Turner Joy that night, and in whose book he unambiguously states that the second “attack,” used by LBJ to get the Tonkin Gulf Resolution passed, never happened.  He had been named in the European edition (but not, significantly, the Pacific edition) of Stars and Stripes as having been present on the scene, and he spent the entirety of his long captivity terrified that his captors would get hold of a copy of that edition, see his name, and torture out of him his recollections of that night.  But they never did.]

Who are we to say what some future president and Congress may or may not do?

The last sentence in the last book of the last volume of The Gulag Archipelago reads:  “There is no law.”  The present administration, aided joyfully by the present constellation of the RevTrib Supreme Court, have marched us a good way down that same path.  Here’s hoping they have the minimal integrity not to take us that last step.

Carousel of History?

We may hope not.

Over at Instapundit, a link, via Ed Driscoll, to a piece by one of my favorite linkees (is that a word, even?), viz. Victor Davis Hanson, “A Tale of Two Shootings“.

[N.b.  Hanson, whom I’m mostly familiar with via the internet, is a very accomplished classical historian, with a heavy sideline in military history.  I recently read — it was borrowed, so I had to return it, much to my chagrin — his The Soul of Battle: From Ancient Times to the Present Day, How Three Great Liberators Vanquished Tyranny, a comparative history of Epimanondas’s conquest of Sparta, Sherman’s march through Georgia, and Patton’s march through France in 1944.  Fascinating stuff.]

Be all that as it may, Hanson looks at two shootings:  the first, in 2014 of the violent criminal Michael Brown, in Ferguson, Missouri, and the second of Kathryn Steinle, in San Francisco.  Brown was black; Steinle was white.  Brown had just committed a robbery; Steinle was walking down a pier with her father.  Brown had just attacked and attempted to seize the weapon of the police officer who had matched him to a minutes-old radio alert of the robbery, and was shot dead in his tracks , from the front, while charging the officer.  Steinle was shot dead in the back while . . . well, while walking with her father, minding her own business.  Brown was shot by a police officer; Steinle was shot by a multiple-convicted felon whose very presence in the United States constituted a crime.  The police officer who shot Brown was white; the convicted felon who shot Steinle was Mexican, an illegal alien.

After Brown was killed in the midst of his attempted third felony of that day (first: robbery; second: attacking and attempting to steal weapon from law enforcement officer; third: second attempt to attack and steal weapon from same), Dear Leader’s administration and his political allies very carefully stoked the fires of racial hatred, and Ferguson burned.  After Steinle was shot dead by the felon who was very intentionally released by the City of San Francisco in spite of a request by federal authorities that they hold him until he could be deported (this would have been his sixth deportation), there were . . . crickets.

Hanson has the temerity once more to point out the very different treatment of the two killings, one indisputably justified (Brown’s), and the other (Steinle’s) indisputably an abomination, all but engineered by the left-extremists in the San Francisco city government.

Maybe VDH didn’t want to violate Godwin’s Law, which holds that the longer an internet discussion goes on, the closer to 1.0 approaches the probability that someone will make an explicit comparison to the Nazi era.  But since Hanson put up his post yesterday, and today is November 9, I’m going to do the belly-flop for him.

On November 9, 1938, Germany exploded.  Well, to be more precise, a segment of Germany exploded.  That segment was the segment represented by synagogues and Jewish businesses.  They were torched, their owners and congregants beaten, in many cases beaten to death.  There was so much broken glass in the streets from smashed windows that the Germans knew it as “Kristallnacht,” or “crystal night.”  Here’s the Wikipedia entry, for those curious.

Why did Victor Davis Hanson’s post on the political reaction, and the carefully orchestrated violence, in response to Michael Brown’s death put me in mind of November 9, 1938?  Because Kristallnacht too was a highly orchestrated orgy of violence in response to a single killing.  Ernst vom Rath was a German diplomat stationed in Paris.  On the morning of November 7, 1938, a Polish Jew then living in Paris a teenager, Herschel Grynszpan (he had fled Germany in 1936; after his arrest he stated that he acted to avenge the news that his parents were being deported from Germany back to Poland), shot him five times.  Rath died on November 9, by which time the Nazi powers had had time to organize “spontaneous” demonstrations of outrage inside Germany.

The destruction of November 9, 1938, was no less “spontaneous” than the observances surrounding the announcement that officer Darren Wilson, the police officer who successfully defended himself from Michael Brown, would not be indicted for any criminal offense.

Carousels are circular.  Stand in one place long enough and everything you’ve seen before you’ll see again.  Sort of makes you wonder, doesn’t it, what else from the 1930s and 40s we’re going to see again in the coming years?  Holodomor?  Molotov-Ribbentrop?  Munich? (Dear Leader sure made a run at that last by handing the Iranian mullahs a green light for nuclear weaponry.)  Greater Southeast Asia Co-Prosperity Sphere?

Sobering thinking, it is.

[N.b.  I don’t know whether I’ve pointed it out before on this ‘umble blog, but November 9 is a date pregnant with significance in German history.  In 1918, the German republic was proclaimed and the Kaiser abdicated; in 1923, the Beer Hall Putsch failed; in 1938, they put on Kristallnacht; in 1940, Neville Chamberlain, the man who more than any other enabled Hitler to become the continental-scale monster he did, finally died; and, in 1989, the Berlin Wall, the physical embodiment of the war’s outcome, came down.  Can’t make this stuff up.]

 

It Would Take a European to Concur in Both

The Frankfurt International Book Fair began recently.  It’s among the largest of its kind in the world and is regularly the setting for important doings in the world of literature and books.

This year’s fair was opened with an address from Salman Rushdie.  You’ll recall him; he was the author who found himself the subject of a fatwa in 1989 because some Islamic cleric didn’t like something he’d written.  For years he’s had to live quasi-underground, well-guarded.  Rushdie, by the way, is far from the only author who’s found himself the target of the Islamofascists;  Ayan Hirsi Ali, born Muslim and the victim of genital mutilation, has written extensively about we may gently call Islam’s woman problem.  There is now a price on her head.  To show their understanding and support for her ordeal and her courage in speaking plainly and publicly, in 2014 Brandeis University first offered and then withdrew, at the request of an unindicted terrorist co-conspirator organization (which is to say, the Council on American-Islamic Relations), the offer of an honorary degree.

Be all that as it may, Rushdie seems to have spoken pretty plainly, and in favor of freedom of expression.  The link above is to The New York Times write-up of his address.  It contains only the most bland of his statements:  “Limiting of freedom of expression is not just censorship; it is also an attack on human nature.”  True enough.  But it wouldn’t be the NYT we know and love so well if they didn’t suppress things that didn’t support The Narrative.

So let’s go to the Frankfurter Allgemeine Zeitung’s coverage.  Rushdie categorically denied that freedom of expression is a culturally-specific human value; it is, he says, “universal.”  In fact Rushdie characterized as “the greatest attack” on freedom of expression exactly that conceit of Western thinkers that the freedom is somehow specific to Western culture.  Ouch.  He specifically called out the rising tide of bullshit “trigger warnings” on American campuses and the general intent and effect of political correctness, which he firmly placed among attacks on freedom of expression.  And he apparently didn’t spare the examples, calling out the law students who don’t want to read case books and other materials that use the word “rape,” or the Columbia University (!!) undergraduates who object to reading classical poetry because it depicts the gods having their way with women.  And so forth.  Rushdie also called out the “remarkable alliance between parts of the European Left and radical Islamic thinkers.”  When an ideology — Islam — labels itself a religion, its enmity towards women, Jews, “and others” (homosexuals? Christians? apostates?), for some magical reason, gets “swept under the rug.”

Rushdie pointed out that while authors who are truly persecuted seldom survive, their art lives on.  He named the examples of Ovid in the Roman Empire, Osip Mandelstam’s death in GuLAG at the hands of Stalin, and one of Franco’s victims.  I will point out that he names no Western author . . . could that be because in fact we don’t kill our authors?  No matter how much they may bellyache about how awful it is to be black/Central  American/homosexual/female, etc?

In the FAZ‘s gloss, linked above, the author asserts that Rushdie’s address confronts the “error” that at the center of human are well-being and “the good life,” in which each may do as much of what he pleases as he will.  To demonstrate that this is an “error” the author cites us to the characters of slaves in Roman comedies.  They run the household, they go shopping, they celebrate; yet, they remain slaves, because everything is subject to the master’s reservation of approval (or not).  This demonstrates, so our newspaper article’s author, that freedom is not a hallmark of private action but rather of a political state of being.  And thus freedom of expression is the “test case” for freedom, because with “the impression that politics is more important begins self-enslavement.”  I do wish the editors had allowed the author to write at greater length, because I find those last sentences tantalizing.  Would it not be more correct to say that private actions are a hallmark of freedom?  In fact, the very notion of “private action” does not exist in the absence of freedom; Solzhenitsyn writes in his magnum opus of the politicization of sleep itself under Stalin.  What is more private than one’s opinions, formed from the processes of one’s own mind?  In other words, you cannot suppress opinion and expression without a receding, pro tanto, of freedom itself.

And here let’s pause again to point out that none of Rushdie’s points above made it into the NYT write-up.  Why not?  Well, what legacy media institution is more invested in precisely the kinds of self-censorship in the name of a political superstructure condemned by Rushdie than the left-extremists at the Gray Lady?  For them, the personal truly is political.

Well, so much for Salman Rushdie and his slap at the face of the apologists for Islamofascism.  From Tuesday’s FAZ we have another article, on a Pegida demonstration in Dresden.  The supra-headline is “Pegida radicalizes itself,” and for Exhibit A they trot out a photograph, at the linked article, of a toy gallows carried to the demonstration.  On it are two miniature hangman’s nooses, with — what? an effigy? a photograph? — no, with two placards reading “Reserved for Siegmar Gabriel” (actually they even misspelled his name: it’s “Sigmar”) and “Reserved for Angela Merkel” printed on them.  Take a real good look at the “gallows”:  You couldn’t hang a slab of bacon from it.  It’s a model, fer Chrissakes.

As Lutz Bachmann, the movement’s founder, correctly points out, every year during the Carnival parades around Germany there are many more explicit, and explicitly grisly depictions of currently-hated politicians.  Geo. W. Bush was a favorite target.

But hist! we must not allow this expression to stand, must we?  And sure enough, the prosecutor’s office is “investigating” the incident.  As of press time no name had been announced of who made or who brought or who was carrying the gallows and its — O! the horror — two placards.  And what is the alleged crime?  Breach of the peace through threat of criminal action, and encouragement to criminal action.  Really?  This toy gallows was being carried in the middle of a hetzed-up public demonstration; if the peace had been disrupted then precisely in what increment did that toy increase the disturbance?  And “encouragement”?  Where, exactly, is the encouragement?  Where exactly is there a statement that, “I’m going to hang Angela Merkel,” or “I want you to go fetch Siegmar Gabriel so I may hang him”?  How in the name of illogic can you get any further than, “I think Merkel and Gabriel should hang”?

Remind me again how this pursed-lipped investigation by the prosecuting attorney’s office squares with the paean to freedom of expression so praised coming from Salman Rushdie’s mouth?

It’s hard to escape the conclusion that, no less than for the NYT, the commitment of Europe to freedom of expression has to be written down in the “pious platitudes” column.

Indictment or Lament?

A very dear friend of mine, whom I met years ago in New York City, is an Artsy Person.  By that I mean he has overwhelmingly made his living in and around the visual and aural arts.  Back in the day his day job was as an animator, and he played drums in a band at night (jazz and swing, mostly).  I’d met him through the Navy Reserve.  I went to see his band once, and among my favorite memories is of him sitting behind his drum set, slinging sticks into the air and flailing away (he’d cringe to hear me use that verb), wearing a USS Guadalcanal ball cap and a black t-shirt with a huge Bugs Bunny head on it.  Wrap your mind around those two organizing principles and you were well on your way to knowing and loving this buddy of mine.  He’s since transferred to the National Guard where he plays in the 42nd Division concert and parade band.

I haven’t heard him mention working in animation for years now, from which I deduce that the trend he commented on all those years ago — a combination of computer animation and out-sourcing any residual drawing to scut-work hack-shops overseas — finally killed enough of the industry here that he couldn’t make a go of it any more.  For years he kept up his band; now that he and his wife have moved upstate he doesn’t play in that particular band any more, either.  But he’s still very much engaged with the State of the Art (pun intended), and so he puts stuff up on his Facebook page from time to time on the subject.  His most recent post is of this article:  “The Devaluation of Music: It’s Worse Than You Think,” from a blog called Medium.

The overall thrust of this article is that American society at least (the foreign market is not addressed) has forgot how to value music, and not just in a purely monetary sense.  The upper and nether millstones of paltry royalties from streaming services and digital piracy get a look-in, of course.  The article’s thrust, though, is that we as a society simply no longer put forth the effort to integrate what the author calls “the sonic art form” into the fabric of who we are individually.

Which is to say, the author paints and protests the elision of music as an art from our culture.

My buddy’s Facebook post was, “…and THIS, folks, is one reason western civilization is doomed. The suits run EVERYTHING these days. No wonder I am a culture snob…”  I think that, with one exception, he trivializes the article’s point.  [Here I should note that at some point during the past couple of decades, my buddy went from being a fairly economic and political conservative, as well as a social tolerant, to being a pretty flaming quasi-Marxist and sucker for PC demagoguery.  “The suits” are running and ruining everything is a steady background theme to much of his discourse.  He of course has a point, to some degree, but then it’s not an invalid point that the bills have to be paid by someone, and no one is in anything for free, and it’s the job of “the suits” to figure that part out.  I’ve never explored in depth with him the waystations on his journey, but the contrast between the friend I made and the friend I have is about as stark as you can imagine.  Emblematic:  About the first conversation with him that I can recall, all those years ago, he was ranting about how “the Masons” were controlling the world and everything was a Masonic conspiracy to X, Y, and Z.  He’s now a very committed Mason.]

The one exception mentioned is the pernicious influence of commercial radio.  From the article, in full, the relevant passage:

“It’s an easy target, but one can’t overstate how profoundly radio changed between the explosion of popular music in the mid 20th century and the corporate model of the last 30 years. An ethos of musicality and discovery has been replaced wholesale by a cynical manipulation of demographics and the blandest common denominator. Playlists are much shorter, with a handful of singles repeated incessantly until focus groups say quit. DJs no longer choose music based on their expertise and no longer weave a narrative around the records. As with liner notes, this makes for more passive listening and shrinks the musical diet of most Americans down to a handful of heavily produced, industrial-scale hits.”

Can’t argue with the author’s description of what happened, but I would suggest a more depressing take on it than his as to the why it happened.  The author seems to imply that how commercial radio has changed was the product of conscious choice, which implies, of course, that a conscious choice could be made to return to the Good Old Days.

I don’t think the author has given due consideration to the realities of the world that gave rise to those Good Old Days, and how that reality has changed since then.  Consider:  Until the rise of the 8-track tape in the mid-1970s, the radio was your only source of third-party entertainment in a car.  Around the house, unless you wanted to pop for a great big bulky CRT television or expensive vinyl record player (the el-cheapo ones produced crappy sound that made anything other than The Archies absolutely unbearable) in every room, if you wanted entertainment or even just background noise in any room outside your living room, your choice came down to . . . radio.  Because more people listened to radio, any given radio station could afford to specialize, or experiment, or really be what it felt like being, and still make a go of it attracting only a smaller percentage of the total listening market.

What started to change in the late 1970s and early 80s?  The 8-track player and even more importantly, the automobile cassette tape deck, for starts.  Now you had a highly portable, large capacity (90-minute cassette tapes, anyone?) medium for the music you wanted, without commercials or other interruptions, that you could start, stop, pause, and replay at will.  Tired of Miles Davis and want to get your Mozart on?  Push the eject button, flip open a jewel case, shove in the new cassette, and in a matter of seconds you’ve gone from 20th Century jazz to 18th Century classical.  Radio just can’t keep up with that.  Beginning in the early 1980s you had fairly economical high-quality portable stereos that you could strew around the house, with one in the kitchen, one in the laundry room, one in each bedroom, in the basement, in the garage, in the shop building.  I’ve never seen actual numbers, but I’d bet someone else’s monthly income that the proportion of the U.S. population that regularly listened to radio began to plummet.

Nowadays you have inexpensive flat-screen televisions, iPods and similar devices, most of which you can now plug into your car even if they’re not built-in standard on even low-end vehicles, high-quality sound coming out of your laptop or desktop, etc. etc. etc.  And of course you can access hours upon hours upon hours of music, organized to be heard however you choose (listen straight through albums in sequence, or shuffle among albums, or shuffle among individual tracks, and of course with the ability to start, stop, pause, and replay at the touch of a button), and all in a highly portable format.  I’d be surprised if the proportion of radio-listeners hasn’t dropped even further.  And all we’re talking about is music alternatives to broadcast music radio; how about talk radio, after all?  Or subscription satellite radio, with its hundreds of channels?

So what’s a radio station to do, which has to meet its bills?  You’ve got to capture a greater share of a smaller audience.  And how do you capture a greater share?  You go after what most people like most of, most of the time — what our author describes as “manipulation of demographics and the lowest common denominator,” to use the cacophemism.  That of course produces a feedback loop.  If you provide lowest-common-denominator fare, then the overall population’s preferences migrate toward that denominator, which means that there’s less to be gained from aiming outside that target area, which means that what’s provided gets even more relentlessly uniform.  And so forth.

Recognizing the truth of the article’s point that the proletarianization of broadcast radio is every bit as disastrous as presented, there’s a reason that enormous chunks of people quit listening:  Even a top-flight radio station simply cannot compete in control, quality, and choice with low-cost music storage and reproduction.  In my car’s CD player right now, I have Brahms, The Who, Don McLean, Jim Croce, Dietrich Buxtehude, and Mozart.  If I want to go back and listen to the Variations on a Theme by Haydn three times in a row, straight through, just because it almost moves me to tears, and then jump right on over to “Everybody Loves Me, Baby” because it makes me, a child of the 70s and 80s, chuckle, to be followed by “Gelobet seiest du, Herr Jesu Christ,” which was played at my wedding, and “Won’t Get Fooled Again,” which you can describe as the theme song of the Dear Leader Administration, I can do that, and there has never been and never will be any third-party provider/selector who can keep up with me.  The dynamic the author’s describing cannot be stopped or undone without going back to the days of the captive audience.  Very respectfully, I decline to endorse that proposal.

So much for the commercial radio angle, as to which my buddy’s complaint about “the suits” ruining everything is by and large valid.  Of course, whenever you complain about So-and-So Doing X, you must, if you are honest, describe what So-and-So ought to be doing other than X, and how So-and-So can make the house payment by doing Other-Than-X.  I’m not hearing that alternative universe outlined with any convincing detail.

The linked article then goes on to describe several other trends that he identifies as contributing to the de-valuing of music, and as to which I think he’s on very firm ground, but as to which I think the conclusions to be drawn are even more pessimistic than his own.  The author describes as “conflation” of music with other aural or video entertainment the trend of shoving music alternatives in with those other forms of entertainment.  Music is not presented as something precious in its own right, but rather as just one more item on an ever-lengthening menu of Stuff to Pay Attention To, More or Less.  Gentle Reader is reading this blog at the moment, no?  Gentle Reader could be watching a favorite movie streamed or on DVD, or be playing a video game either alone or live with other players around the globe, or be working on his/her own blog . . . or be listening to the sonic art form.  And all those options are just a click away from each other.

The article’s author decries the lack of what he calls “context,” or more prosaically, the absence of intelligent, useful, or thought-provoking liner notes to the music.  If Bach’s C minor Passacaglia is reduced to an icon on a screen, then without some extra programming there’s no way to pop open the liner notes (and this was a massive advantage of the CD format over others; you could get 20 pages or more of liner notes into the jewel case) and read as you listen.  Of course, this problem is actually among the most curable the author describes.  Computer memory is cheap, and with devices getting ever-more-closely linked to each other, both locally and over the internet, what would prevent me from writing the code to tap or right-click that icon on my screen to access not 20 pages, but an entire menu of “context”?  It could easily range all the way from scholarly treatment to comparative reviews (this performer’s interpretation of a classical piece, or a comparison of Miles Davis’s rendition of the piece on this recording relative to some other recording of the same piece) to fan-based reviews to suggestions for further listening and so forth?  Every piece a portal, in other words?

Another trend the author identifies is what he characterizes as “anti-intellectualism,” which he treats thusly:

“Music has for decades been promoted and explained to us almost exclusively as a talisman of emotion. The overwhelming issue is how it makes you feel. Whereas the art music of the West transcended because of its dazzling dance of emotion and intellect. Art music relates to mathematics, architecture, symbolism and philosophy. And as such topics have been belittled in the general press or cable television, our collective ability to relate to music through a humanities lens has atrophied. Those of us who had music explained and demonstrated to us as a game for the brain as well as the heart had it really lucky. Why so many are satisfied to engage with music at only the level of feeling is a vast, impoverishing mystery.”

I do like his phrase “dance of emotion and intellect.”  Jacques Barzun’s magisterial From Dawn to Decadence: 1500 to the Present: 500 Years of Western Culture has an extensive discussion of the emergence of this dance in the late 18th and early 19th Centuries.  I think the author’s spot-on with his observation about music being presented as a talisman of emotion, and how that presentation has adversely affected the intellectual component of the experience.  I disagree with him, however, that it’s a mystery why this is satisfying to so many people.

I know nothing of the author’s politics, of course, but unless he’s really, really an outlier in the arts world, he’s probably several standard deviations to the left of the bulk of the U.S. population.  The elevation of feeling and emotion — what makes me feel good about myself — is at the core of leftist politics.  From third-wave feminism to environmentalism to the “war on poverty” to social justice warriors, “micro-aggressions,” “safe spaces,” and so forth, the common denominator in all is that the political policies which grow out of these movements invariably do two things: (i) they make the actual problems worse, but (ii) they allow the proponent to feel good about himself for supporting them, and to trumpet his membership among the Saved.  Leftism today is simply no longer about results on the ground, but rather a quasi-religious series of rites of purification and sanctification the design of which is to signal the proponent’s moral superiority.

Like it or not, American politics and public discourse is well to the left of where it had been before the FDR administration.  William Graham Sumner’s lecture, “The Forgotten Man,” was mainstream political discourse back in the day.  Find me anyone widely regarded in the public sphere since 1932 who could, or would, pen the following:

“When you see a drunkard in the gutter, you are disgusted, but you pity him. When a policeman comes and picks him up you are satisfied.v You say that ‘society’ has interfered to save the drunkard from perishing. Society is a fine word, and it saves us the trouble of thinking to say that society acts. The truth is that the policeman is paid by somebody, and when we talk about society we forget who it is that pays. It is the Forgotten Man again. It is the industrious workman going home from a hard day’s work, whom you pass without noticing, who is mulcted of a percentage of his day’s earnings to hire a policeman to save the drunkard from himself. All the public expenditure to prevent vice has the same effect. Vice is its own curse. If we let nature alone, she cures vice by the most frightful penalties. It may shock you to hear me say it, but when you get over the shock, it will do you good to think of it: a drunkard in the gutter is just where he ought to be. Nature is working away at him to get him out of the way, just as she sets up her processes of dissolution to remove whatever is a failure in its line. Gambling and less mentionable vices all cure themselves by the ruin and dissolution of their victims. Nine-tenths of our measures for preventing vice are really protective towards it, because they ward off the penalty.”

Modern political discourse would categorically declare itself “horrified” (which is to day, its emotions would be excited) at the proposition that we should leave the drunkard in his gutter, the gambler in his den.  And from that “horror” it then proceeds immediately to the conclusion that we have an affirmative obligation to mulct that Forgotten Man (or someone, anyone other than the person demanding we “rescue” the drunk) to “save” the drunk or the gambler.  This is government by emotion, not intellect.  It requires an intellectual effort to confront the truth and implications of Sumner’s moral point that the actual, measurable effect of much of what government does to “prevent” the consequences of private misfortune — all too often the results of years, and in many cases generations, of bad private decision-making — actually protect and perpetuate it by enabling the people making those bad decisions to keep on as usual.  It requires a moral effort to ask who pays the price, and in what form, and what portion of that payer’s prospects and future are taken from him because we have forced him to pay.  And of course, it’s not just the drunkard or the guy shooting craps behind the gas station, nowadays.  Now it’s everybody and his cousin, and the more zeroes come with the bad decisions, the more likely it is that the people being protected will have the ear of government.

In short, we have managed to create an entire society that has been taught to introduce the conclusions of its reasoning with, “I feel . . . ”  We are instructed, and have been for generations, that what matters is the desire behind a policy, not its actual effect, overall, on a society of 300-plus million people.  It is relentlessly hammered into us that the appropriate frame of reference for judging whether Program X is working is not whether it produces more people who need Program X in order to survive, but rather that more people are surviving on Program X (in other words, the program’s own pernicious effects are treated as proof positive of its merits).  It is then any surprise that we apply such reference frameworks to other areas of life?

I’ll note you needn’t ascribe the trend, as I do, to the dominance of leftism in particular in American society.  In point of fact both American mainstream political parties long ago conceded the central socialist premise.  The individual human is a building block to which is assigned a place in a structure designed by someone else, which will serve functions determined by someone else, and all for the greater glory of some abstract higher ideal determined by someone else.  In the late Middle Ages they built, all over Europe, magnificent stone cathedrals which reached higher into the sky than any other human hands had ever reached (in fact, for centuries they remained the tallest structures ever built by men), to the greater glory of God.  We now want to “build” “society” to the greater glory of whatever specific version of society it is that we favor.

I suppose you could trace the idea that each member of “society” is nothing more than a tool, a stone, in the structure back to the French levee en masse, which was at first a defensive mechanism but which rapidly morphed into an army of conquest for the “liberation” of Europe from the ancien regime wherever it was to be found.  But it found its first true application in Imperial Germany’s nationalistic militarism, and then — as Hayek pointed out in The Road to Serfdom — the passion for “planning” spread to the rest of Europe, then to Britain.  It first washed ashore here in the Wilson administration, receded during the 1920s, and took firm root with FDR.

What is the relevance of my thoughts to this author’s point about the talismanic use of “feelings”?  Well, if you’re going to use a man — and socialism is about nothing other than using men — for your own purposes rather than his own, it sure does help if he doesn’t think too carefully about what it is that’s happening to him.  How do you keep him from thinking, though?  Well, ever since the Romans hit on the notion of bread and circuses, it’s been recognized that what you need to do, and most all that you need to do, is to occupy with sensations — with feelings — the psychic space that might otherwise be taken up with thought.  After all, I can control your sensations much more readily than I can your thoughts.  I can underwrite your housing, I can subsidize your trip to the grocery store, I can just hand you $X per month to piss away as you choose, I can take your children off your hands, tell you that it’s now the responsibility of my employees (we’ll call them “teachers”) to make sure Junior doesn’t turn out to be a homicidal boor, assure you that he and everyone else in his class is unique and uniquely above average, and so forth.  I can plunder the Forgotten Man of his last thread of garment to do this; it’s why it’s so easy for you to forget him.

The article’s author includes what the cynic in me wants to characterize as the “inevitable” lament about music instruction’s demise in public schools.  He may have something of a point, but then I really have to question how much of a point it is that he has.  I mean, so much of what we recognize as the towering great music of Western culture took form in an era before massive public education in the first place, and when formal education was commonly broken off at ages we would now consider abhorrently young, and large portions of such primary and secondary education as did exist was conducted in circumstances in which the only music being made was from the human voice (and maybe an out-of-tune piano).  How many of the giants of early 20th Century America — the men (and a few women) who jerked entire new musical universes from the very earth — even got to high school in the first place, let alone finished?  Plainly music in the schoolroom is not necessary for the creation; you can easily falsify that proposition.

Is it necessary for the valuing of the music being created, though?  I’m not sure our author is on any firmer ground there.  For whom were these musicians playing?  Who made up their bread-and-butter audience?  Again, until after World War II a huge portion of the American population, even in cities, who actually went to the venues where the new musical forms were being hammered out (and by the way, those venues weren’t the great urban concert halls . . . they were the jook joints, the church socials, school halls, and so forth) would not have received more than bare-bones schooling.

If not the live audiences, who were the people who listened remotely, to the very first radio stations?  In the early 1990s there came out a documentary history of bluegrass music, High Lonesome, which I’m proud to say I’ve got on DVD somewhere.  There is a segment in which they talk of the explosive impact that radio had on these remote settlements.  You could rig your car’s battery to a home-made radio, run a wire out to an old bed frame outside for an antenna, and pick up stations as far away as WLS in Chicago (I still recall the Wow! of tuning into their AM station back in the early 1970s, all the way down here, late at night).  Radio and the music you could hear on it were . . . exotic.  There you had, right there in your living room where you could put your hands on it, this box which would reach out and pull from the thin air sounds from hundreds of miles away, sounds which could take you anywhere, anywhere at all in the entire world.  For people who’d been born, grown up, and grown old in a circle of 20 miles (or even narrower than that, for the mass of city dwellers in large cities like New York . . . hundreds of thousands of them would seldom have strayed off Manhattan Island, or out of Brooklyn or the Bronx, or the South End, or wherever their grandparents had fetched up off the boat, during their entire lives) it must have been nothing short of intoxicating.  And that which intoxicates us seizes our souls, as the religious objection to alcohol and drugs has long recognized.

So what changed?  World War I changed; millions of American men in fact didn’t stay down on the farm, after they’d “seen Paree.”  Harry Truman was only the most famous of them.  Movies changed.  The physical dislocations of the Great Depression changed.  The demise of gang labor in the South changed.  [Among the least studied mass migrations in history is of American blacks from the South into the rest of the country, beginning in the years just before the Great War, and becoming a flood during and afterwards; Rising Tide: The Great Mississippi Flood of 1927 and How It Changed America is a very good introduction to a small slice of that trend.]  And then World War II came along and burst the American universe into what Forrest Gump called “a go-zillion” pieces.

So what? Gentle Reader asks.  What does all this recitation have to do with leeching an appreciation for music from American culture?  Well, what is the common theme of all of the things I’ve pointed out?  It is this:  The atomization of control over one’s immediate physical circumstances.  From tenement to townhouse to tract house to suburb.  From grain field to grunting shift work to mindless repetition on the assembly line to what’s becoming known as the gig economy.  From hearing no music but what you and your family could sing to the scraping of a fiddle, to cramming into a stuffy venue on uncomfortable seats to barreling down the highway in your car with the radio going, to rolling up the car windows and popping in a different cassette to punching a button to change CDs to telling your MP3 player to shuffle among all 1750 songs on your playlist.  To maybe once or twice a year seeing a play put on by some down-at-the-heels hack-faded actors to watching a movie once a month on a huge screen stretched across Main Street (how my mother used to see movies in the 1930s in small-town Indiana), to air conditioned movie palaces to multi-screen megaplexes where every member of the family can watch what blows his skirt to punching up Netflix on each of the four screens in your house and everybody gets to choose from 750 different movies.

And here I circle around to rejoin our article’s author.  Why has America forgot how to value music?  Because music has lost its preciousness to us.  Once upon a time music was the only entertainment the bulk of the population had.  There is a reason, after all, that almost all dirt-poor, oppressed, or traumatized groups developed incredibly rich musical traditions:  the Irish, the Germans during the 30 Years War, the Scots Irish both at home and here, the Eastern European Jews, American blacks, the rural South, Hungarian peasants.  Music was the one thing that the landlord couldn’t rack-rent you on; the church couldn’t tithe it out of your hands; the lord couldn’t force-labor it away from you; the slave driver couldn’t lash it out of your back; you could take it with you when you were expelled from the umpteenth country in succession; you could jam it into the hold of an immigrant ship.  The factory owner couldn’t shut it off from you in a lock-out.  The tax collector couldn’t padlock it or seize it.  Music was the one pleasure you could make yourself, that you could enjoy without having to worry about one more mouth to feed or losing that week’s rent money.

So of course people appreciated music more.

What has changed?  What has changed is human liberation from massive and profound privation, privation which modern Americans born after, say, 1960, cannot even imagine.  Granted, the enslavement of privation has been replaced in popular culture with a poor simulacrum of true human freedom (see my above comments about socialism’s modern substitute for Rome’s bread and circuses), but the fact remains that we — even the poorest among us — are surrounded with pleasures (or what pass for pleasures) undreamt-of to even our parents’ generation.

And now I will diverge from our author, once again.  If what is necessary to restore the uniquely precious significance of music to the broad mass of the American population is to return to the physical circumstances of the centuries in which it possessed that significance, then I cannot follow our author.  I am willing to do without the music.  What right do I have to demand the impoverishment of hundreds of millions of my fellow humans so that I may enjoy the pleasures of a new musical experience?

In bemoaning the demise of music’s place in the American soul, and in glossing over the contrast between the world in which it maintained that place and the America in which it struggles to keep it, our author betrays — perhaps inadvertently (remember I know zilch about his politics) — how profoundly the socialist premise has soaked into our collective understanding.  You should suffer so that Music (or “social justice” or “diversity” or “the environment” or the “dictatorship of the proletariat” or whatever) may flourish.  Or more pointedly:  You should toil in drudgery so that I may relish the satisfaction of Society as I conceive it should be.

The Five Year Plan demands it, after all.

 

This is What Surrender Looks Like

When I did my two junior years — high school and college — in Germany, I had to get used to the repeated observation by the locals on how lousy American beer was.  Not that I viewed myself as carrying any brief for the American brewing industry, or that I entertained any chauvinistic opinions that nothing about Home could possibly be second-rate to anything, and in no event objectively bad, but it still rankled.  It rankled because the observation was perfectly true, and because of the sheer repetitiousness of it.  The favorite pejorative was “Spülwasser” — dishwater.

And they were right.

As Inspector Clouseau famously said, not any more.

From today’s Frankfurter Allgemeine Zeitung, we have a report on the American craft-brewing phenomenon.  The report is that the number of breweries in the U.S. is now over 4,000; since 2007 the number of micro-breweries has tripled.  All this since the 1970s, when fewer than a hundred enormous breweries shared the market.  Germany has, in contrast, “only” 1,400 breweries.  Poor dears; you could drink a different beer each day for almost four years and not have to repeat.

The report points out — truthfully — that American brewers are working with much more flexible rules than the Germans, bound as they are to the Reinheitsgebot (the purity law which dates to the early 16th Century; Brussels in recent years decreed it unenforceable for beer imported into Germany, because allegedly protectionist, but just try selling a beer in Germany that doesn’t comply with the Reinheitsgebot . . . and more power to them for it; the law still, it seems, applies to German domestic beer).  One unnamed American craft beer advertises itself as having <sound of throwing up in mouth> raisin skins mixed in, to give it a fruitier taste.

On the other hand, and demonstrating commendable fairness, the article also points out that in many cases, the novel tastes don’t rely on adulterations like raisin skins, but rather on entirely new varieties of hops.  Thus the craft beers produce a wondrous tapestry of new beer tastes (assuming that’s what you’re after) without violating even the letter of the Reinheitsgebot.  The German firm which is the world market leader for hops — the Barth Gruppe — warns that this trend, which until recently simply wasn’t recognized or which was dismissed as a “bubble,” is now “irreversible.”  Because the so-called “flavor hops” are predominantly grown in the U.S., if current trends continue the U.S. will soon surpass Germany as the world’s leading producer.

“In fact:  American beers taste good.”  That sentence would never have been even whispered 30 years ago, when I was last living there, let alone written in any reputable publication (because as of then it just wasn’t true).  “The world is turning away from German beer,” the article observes.  And the final sentence, more in sorrow than in anger:  “A changing of the guard is underway.”

They may have signed the articles in May, 1945, but when one of the flagship German newspapers writes the above sentences, that’s what surrender looks like.  You can bomb their cities into rubble; you can slaughter their soldiers and sink their sailors.  That’s just a trial of raw force, after all.  You can make cars that are bigger, faster, cheaper, cleaner <cough, cough!>, or safer; all those are just trade-offs among the physical constraints of motor vehicle design.  But to beat them on quality?  In beer?  Do that and you jerk away one of the German’s central pillars of his self-image.

Here I must say that I do not particularly enjoy all this fruity-beer nonsense.  I prefer the German taste; I also am something of a Guinness fanatic.  Back in the day I drank an enormous (does the expression “enough to float a battleship” mean anything to you, Gentle Reader?) amount of Weizenbier — wheat beer — in both its Hefeweizen and Kristallklar variants.  The only American wheat beer I’ve ever found that tastes even remotely like the Real Thing is Yuengling’s “summer wheat,” which is truly awesome, but which those lunkheads only brew, as the name implies, during summer.  Ummm . . . . guys:  Weizenbier is a year-round pleasure; just ask the folks from Donaueschingen.  But de gustibus non disputandum est, I suppose; as long as you can produce that taste within the confines of the Reinheitsgebot, more power to you.

Prost!

Happy Birthday, Trofim Lysenko

Today is Trofim Lysenko’s birthday; he was born on this date in 1898.

Never heard of him?  Don’t worry, most in the West haven’t.

He was Stalin’s pet scientist.  Decided Mendel was wrong about inherited traits.  According to Lysenko, you could alter genetics by environmental influence.  Very handy, that, when you’re trying to convince Stalin that you can grow grain in climates and seasons in which it won’t grow.  In Ithaca, New York, in 1932, one of his fellow Soviet scientists reported, with a straight face:  “The remarkable discovery recently made by T D Lysenko of Odessa opens enormous new possibilities to plant breeders and plant geneticists of mastering individual variation. He found simple physiological methods of shortening the period of growth, of transforming winter varieties into spring ones and late varieties into early ones by inducing processes of fermentation in seeds before sowing them.”

The fellow from whom that last quotation comes, Nikolai Vavilov, paid with his life for his subsequent disagreement with Lysenko.  He was arrested in 1940, sentenced to death in 1941, and died — apparently of starvation — in GuLAG in 1943.

Lysenko came up with all manner of whack-job pseudo-scientific claptrap, and rammed it down the throat of Russian science with a bayonet.  According to the Wikipedia write-up, dissent from his theories was formally outlawed in 1948.  Solzhenitsyn ran across several — including Vavilov — who similarly paid with their hides for the sin of crossing the politically decreed “scientific” orthodoxy of Trofim Lysenko.

Lysenko’s ascendancy lasted through the late 1950s.

Why is it important that we recall Trofim Lysenko today?  When we have mainstream politicians and widely-regarded pundits openly calling for the criminalization of disagreement with the theory of anthropogenic global warming — or “climate change” or whatever it’s called this month — we must remember that we are listening to the intellectual and moral heirs of Lysenko.  This is all the more so when someone points out that, from analysis of U.S. climate data from 1880 to the present, over 90% of the U.S. data which is presented to “prove” AGW has been monkeyed with, and is not, in fact, the raw data.  It’s been estimated, modeled, or just made up.  From the linked article’s conclusion:

“The US accounts for 6.62% of the land area on Earth, but accounts for 39% of the data in the GHCN network. Overall, from 1880 to the present, approximately 99% of the temperature data in the USHCN homogenized output has been estimated (differs from the original raw data). Approximately 92% of the temperature data in the USHCN TOB output has been estimated. The GHCN adjustment models estimate approximately 92% of the US temperatures, but those estimates do not match either the USHCN TOB or homogenized estimates.”

From the e-mails and documents released as part of what’s come to be called “ClimateGate” (I wonder if Liddy et al. are tortured in their sleep by this plague of -gate nonsense terms visited on us year in and year out), Gentle Reader will perhaps recall that the University of East Anglia’s Climate Research Unit brought someone in to try to reproduce the raw historical data on which it — and most of the rest of the climate science world — relies.  The problem, it seems, is that they’ve so thoroughly corrupted their data, and were so careless in preserving their original data, that it’s impossible to replicate their results.  That’s probably an over-simplification, but the key bit is that after two or so years of trying their own numbers guy threw up his hands in despair and quit.  Said it couldn’t be done.

Thus what we’re left with is a mountain of corrupt historical data, current data that is likewise manipulated to match models’ predictions, contradictory real-world observations (shrinking ice cover at the north latitudes, and record increases in the southern, shrinking glaciers, 17-year non-warming periods when all the models tell us that, with carbon dioxide levels relentlessly increasing, we should be absolutely cooking) . . . and scientists and politicians carping on how we just need to turn over more money and more power to them, and all will be made well.  Oh, I did forget to mention that we also got to see, as part of ClimateGate, numerous climate scientists scheming behind the curtains to stack journals’ editorial boards and peer review processes to suppress publication of scientific literature skeptical of their conclusions?

And we’re supposed to use the coercion of the criminal law system to punish anyone who dares to question the politically established orthodoxy?  Remind me again how that worked out for Soviet science.

Trofim Lysenko is dead and in his grave, but his ghost stalks the halls of climate science to this day.

[Update 05 Oct 2015]:  As if on cue, two European research foundations, one French and the other German, recently released a study on the production of isoprene in the uppermost film of the ocean surface.  I’m no chemist, nor of course a climatologist, but isoprene, it seems, has a strong effect on cloud formation, and cloud formation is intimately connected with a cooling effect on the global climate.  (Yes, that’s grossly simplified, but then if you want to read the full study, here’s the link).  The study, by the way, was funded by a grant from the European Research Council, not the Koch brothers.

Up until now, the assumption has been that isoprene is formed by plankton in sea water.  But let’s get it from the horse’s mouth:  “Previously it was assumed that isoprene is primarily caused by biological processes from plankton in the sea water. The atmospheric chemists from France and Germany, however, could now show that isoprene could also be formed without biological sources in surface film of the oceans by sunlight and so explain the large discrepancy between field measurements and models. The new identified photochemical reaction is therefore important to improve the climate models.”

How big a discrepancy?  “So far, however, local measurements indicated levels of about 0.3 megatonnes per year, global simulations of around 1.9 megatons per year. But the team of Lyon and Leipzig estimates that the newly discovered photochemical pathway alone contribute 0.2 to 3.5 megatons per year additionally and could explain the recent disagreements.”

In other words, a newly-discovered photochemical, abiotic source of an important aerosol precursor looks as though it may be contributing up to almost 200% more isoprene globally than current climate models assume.  Note the low end of the estimate, by the way.  I wouldn’t suppose that the global output of this newly-discovered source would remain stable year-on-year.  But when you need to update your climate models (which still cannot explain the 17-year “hiatus” in observed global warming) to account for up to triple the previously-assumed amount of an input that counteracts the principal effect of your model’s core variable (carbon dioxide in the atmosphere), I suggest two thoughts for the curious-minded:  1.  What else do the models inaccurately assume or simply not account for at all, and is the failure attributable to scientific malfeasance or garden variety ignorance of a phenomenally complex process?  2.  Does not the climate alarmists’ dancing around these models as if they were sacred totems have more than a slight whiff of the Israelites’ worship of the golden calf?

But remember, class:  There are public figures in the United States who want to use the physical coercive power of the criminal law system to suppress disagreement with these climate models.

Trofim Lysenko rides again.

[Update: 11 March 2016]:  Didn’t believe me, did you, Gentle Reader?

Turns out the U.S. Attorney General has taken a serious look at prosecution of oil companies for daring to disagree on the very unsettled state of whether and to what extent fossil fuels cause “climate change,” at least to the extent that the climate is in fact changing in ways and at speeds that cannot be explained by reference to the earth’s climatological history.   Video at the link.  With bonus for invocation of dear ol’ Trofim.