Pledge of Allegiance, II

All this outrage, but no competent counterargument. Legal experts agree that the ruling draws the logical conclusion from previous case law. The one dissenting opinion in the ruling basically states that the harm done to children coerced into reciting the religious component of the pledge is minimal compared to the fact that a lot of people would “feel good” if the pledge is kept as it is. But the Supreme Court itself has tossed out “feel good” arguments in the past.

The Wall Street Journal had to resort to an ad hominem attack and an appeal to consequences in its condemnation of the ruling. Both are logical fallacies, prissily delivered, and a sure sign that the editorial page doesn’t have an argumentative leg to stand on.

Of course, the outraged, most of whom haven’t read the ruling, are being fed a misrepresented version of it. It is, in fact, about protecting children from undue influence. Unlike children, adults do not suffer coercion when they choose to recite the pledge, or not to recite it, or only parts of it. These are the kinds of decisions adults are capable of making, but not impressionable children. The government should not mandate that children be asked to recite an endorsement of religion. That is not the government’s job.

And yes, those two words do amount to an endorsement. The words “under God” were added specifically for that purpose in 1954, to show that the US was a God-fearing nation, in stark contrast with those Godless communists. The facetious might make the argument that since the cold war has been won, those two words are no longer needed.

Finally: No, American money is not next, as certain alarmists would prefer us to believe. We do not tend to recite “In God We Trust” every time we use money, and hence we are not coerced by the existence on coinage of what is undeniably an endorsement of a religious concept. Other invocations of God, at public occasions such as the start of Congress, serve a secular purpose, and as such have their place. The addition of “under God” served a religious purpose, as President Eisenhower so eloquently put:

“From this day forward, the millions of our school children will daily proclaim in every city and town, every village and rural schoolhouse, the dedication of our Nation and our people to the Almighty.”

Pledge of Allegiance, I

Honest libertarians everywhere will be rejoicing at the news that the pledge of allegiance is unconstitutional because it refers to the US as one nation “under God,” which violates the separation of Church and State. The decision was just handed down by the US Court of Appeals for the Ninth Circuit. Not enough people realize that freedom of religion also includes freedom from religion.

Pertinent info: The pledge was first codified by Congress in 1942. “Under God” was added to the pledge in 1954, also by Congress.

The plaintiff-appelant Michael Newdow, did not seek damages, but “declaratory and injunctive relief;” he simply wants “under God” to be removed from the pledge, not that the pledge be abolished outright.

Excerpts:

In the context of the Pledge, the statement that the United States is a nation “under God” is an endorsement of religion. It is a profession of a religious belief, namely, a belief in monotheism. The recitation that ours is a nation “under God” is not a mere acknowledgment that many Americans believe in a deity. Nor is it merely descriptive of the undeniable historical significance of religion in the founding of the Republic. Rather, the phrase “one nation under God” in the context of the Pledge is normative. To recite the Pledge is not to describe the United States; instead, it is to swear allegiance to the values for which the flag stands: unity, indivisibility, liberty, justice, and — since 1954 — monotheism.

[…]

A profession that we are a nation “under God” is identical, for Establishment Clause purposes, to a profession that we are a nation “under Jesus,” a nation “under Vishnu,” a nation “under Zeus,” or a nation “under no god,” because none of these professions can be neutral with respect to religion.

[…]

Although students cannot be forced to participate in recitation of the Pledge, the school district is nonetheless conveying a message of state endorsement of a religious belief when it requires public school teachers to recite, and lead the recitation of, the current form of the Pledge.

Interesting fact: The addition of “under God” to the pledge was made during the Eisenhower administration, “when the government was publicly inveighing against atheistic communism.”

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Belgo-Israeli relations

A Belgian appeals court has thrown out a lawsuit accusing Ariel Sharon of crimes against humanity, on a technicality. I know at least one family member whose job will become a lot easier:-)

As the article underscores, neither the Lebanese who filed the lawsuit nor the Israeli government have ever seen this as a legal proceeding, but as a political means to an end. For Belgium, the law was intended to be among the most progressive in the world in terms of prosecuting violations of human rights, but it turned into a nightmare when complaints brought by citizens affected bilateral relations between Belgium and the states whose heads were indicted. The law in effect allowed individuals to form Belgian foreign policy. Also, it promoted tit-for-tat retributions–in addition to Sharon, Arafat was indicted as well, and so was Saddam Hussein, I believe.

But now the law has been defanged. And a good thing too, because one embarrassing aspect of this law is that it is meant to have universal jurisdiction–nobody in the world is immune. Nobody, that is, except for Belgian members of parliament, who are immune to Belgian laws.

Bush on the Middle East

Bush’s policy statement on the Middle East had some articulate flourishes: Notably, he separated the current Palestinian leadership from the aspirations of the Palestinian people, and thus seemed to be trying to boost support for a new civil society that Edward Said has been documenting of late as a breeding ground for a future generation of Palestinian politicians. To this end, Bush called on new elections in Palestine, and dangled the carrot of a provisional Palestinian state if certain hurdles were met, such as the establishment of a constitutional framework, and a fair, working judiciary.

He also balanced the usual statements of understanding about the terrorism that Israelis are being subjected to right now with an appreciation of the “anger and despair of the Palestinian people,” and that it is “untenable for Palestinians to live in squalor and occupation”. He also said that “permanent occupation threatens Israel’s identity and democracy.” These opinions are not exactly what Sharon or Netanyahu would volunteer, and in doing so Bush makes an effort to separate his position from that of Israel.

But if he really wanted to address the huge chasm between Israeli and Palestinian perceptions of what would amount to a fair resolution of this mess, Bush should also have criticized Israel’s policy over the past decade of simultaneously building settlements on occupied territories while pursuing a negotiated peace. This settlement policy has negated any chance of success of a peace process, and it continues. This is perhaps the biggest perceived violation Palestinians feel towards their land, and one that will need to be addressed before a permanent peace is possible.

I think the hurdles placed before the Palestinians will prove too high, when all that is offered at the end is a provisional Palestinian state, with final status talks about Jerusalem still not resolved. That amounts to too big a stick and too small a carrot. And as long as Palestinians feel an independent state with Jerusalem as its capital is dependent on the whim of an Israeli government that is in no mood to dole out favors, the dead end of terrorism will remain a seductive lure for those morons who crave “martyrdom”.

On a different note, is the phrase “plight of the Palestinians” used so often because it alliterates so well?

Fence sitting

How many Jews does it take to change a light bulb? It depends.

How many Israelis does it take to put up a fence between Israel and Palestine? It depends on your definition of ‘fence’.

Needless to say, this is not the fence that I think is in the best interests of Israelis to put up. My fence would follow pre-1967 borders and involve the removal of Israeli settlers. The ‘security fence’ being built roughly follows those borders, but cuts off from Palestine Palestinian towns that straddle the ‘green line’. This fence will also separate a few Israeli farmers from their fields, but more importantly, put a good number of settlers on the “wrong” side of a proto-border, for want of a better term. Temperary security fences have a habit of sticking around for a long time.

Lies & Statistics

A poll out Tuesday will be grist for the op ed pages Wednesday: “A majority of Palestinians believe the aim of their 20-month-old uprising should be to eliminate Israel and not just end Israeli occupation in the West Bank and Gaza Strip,” reports Reuters.

It’s one of those depressing polls, where my intuitions about majority sentiment need to be adjusted pessimistically–even after obligatory bias checks: It’s technically a majority–51%–but with a three percent margin of error, a broader moniker, such as “around half of all Palestinians,” would be a more balanced description of the poll result. The poll shows a hardening of Palestinian public opinion since last December, when a similar poll found 44% supported the elimination of Israel.

I last needed to adjust my intuitions pessimistically as a result of a poll conducted among Israelis in March 2002. It showed that 46% of Israelis favored the forced “transfer” of Palestinians out of Palestine to Jordan or elsewhere. “Transfer” is a euphemism for ethnic cleansing, and it implies the end of Palestinians living in Palestine. Palestinians are perfectly free to found a Palestinian state, the expressed sentiment goes, as long as it is east of the river Jordan.

Sixty percent of Israelis supported “encouraging” Palestinians to leave Palestine, while 31% would “transfer” even Israeli-Arabs out of Israel. (I can’t bring myself to remove the scare quotes from “transfer”.)

I was surprised by both results. At the time, the Israeli poll was explained away by Israeli moderates as a perfectly understandable venting of frustration at the current situation, and that Israelis didn’t really believe in a plan that had hitherto been espoused by fringe fanatics. No doubt, Palestinian moderates will argue that Palestinians are merely venting their frustrations, and that they don’t really want to eliminate Israel. Would that both were right.

The one lesson to take from this is that roughly half of each group’s population cannot bear the thought of the other side living on their own land. Extremists on either side have succesfully destroyed all middle ground, and both sides are engaging wholesale in the demonization of the other as a monolithic enemy. And yet, it remains evident to all save the extremists that the existence of both states is the only feasible peaceful soluton. The only choice available to either side is how many civilians will be killed before this solution is enacted. And no, this is not naive–Israel has the option to withdraw unilaterally and build a wall around Palestine to satisfy its security concerns. Palestine has the option to engage in Ghandi-esque forms of nonviolent resistance, and quickly regain the unequivocal support of the rest of the world that Israel will find impossible to resist.

It’ll be interesting to see if US op-ed pages evaluate the Palestinian poll in the context of Israel’s own hardening of public opinion, or if they cannot resist an easy swipe. It would be a victory for jingoism.

Wolfie Watch

A gem from Matthew about our Dean of old. The New York Times issued this correction today:

Because of a transmission error, an article yesterday about a visit to the Philippines by Deputy Defense Secretary Paul D. Wolfowitz to assess plans for American troops to extend a counterterrorism training mission with the military there misstated a phrase in his description of the situation. He said, “The stakes are large there, and so are the problems” — not “Mistakes are large.”

A picture caption misidentified the object under Mr. Wolfowitz’s shoulder. It was a life preserver, for use if his helicopter landed in water, not a holster.

Transmission errors are a wonderful thing. No such luck for the Uruguayan president: Here is an AP story from yesterday:

BUENOS AIRES, Argentina – Uruguayan President Jorge Batlle offered a teary apology in a nationally televised meeting with Argentina’s president Tuesday for calling Argentines a “bunch of thieves” and sharply criticizing its leadership.

Looking somber, Batlle went on television at the side of President Eduardo Duhalde at the Argentine leader’s suburban compound to say he was sorry for his outspoken comments, broadcast a day earlier.

I too apologize immediately every time I insult a much bigger neighboring country, but could Batlle have gotten away with claiming transmission errors? Did he not say Argentines are a bunch of chiefs? Or whatever the Spanish equivalent is.

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Europe's illiberal liberalism

Why does this sound familiar: Western liberal democracy is threatened by an illiberal doctrine; some supporters of this doctrine live in western liberal democracies, but are flagrantly derisive of the liberal underpinnings that guarantee their freedom to express this contempt. Liberal society is vulnerable to such abuse, and must defend itself. Hence the need to control these elements, lest they pose a danger to society as we know it.

The doctrine I’m talking about is communism, of course. If any lesson is to be learned from the Cold War, it is that our insecurities about the strength of our liberal democracies were unfounded. It was communism which turned out to be the paper tiger—a system that offered seductive certainties but whose ugly realities precluded any real material competition with the out-spending, out-developing, out-celebrating capitalist economies that are built on liberal democratic foundations.

And now Islam is being cast in the same role as communism. Not by the likes of Le Pen, who is a simple racist, but by more sophisticated European ideologues, most notably Pim Fortuyn. Their arguments are not trivial, but they are flawed and need a reply, because unchallenged they may well turn Huntington’s Clash of Civilizations into a self-fulfilling prophecy.

During the Cold War, the McCarthyism that resulted from the deep-seated fears of communism in the US (and the strong anti-communist tilt of European Christian Democratic parties) led directly to policies that did far more harm than good to democratic institutions. The witch-hunts in the US are even now seen as one of the low points of 20th century US democratic history, next to the internment of Japanese Americans during World War II. It is simply the case that destroying the freedoms that make liberal democracy worthwhile in order to save liberal democracy is a stupid and draconian measure, to be taken in desperation, if ever. The promise of liberalism cannot be broken without also breaking liberalism itself.

Before Fortuyn’s successors can justify, to my satisfaction, policies that limit the freedom of expression of Muslim Dutch citizens in the pursuit of assimilation, they will have to show the following: that Islamic culture is irredeemably illiberal, and monolithic in its anti-western stance. And that even if this were the case, that the presence of such believers on Dutch soil poses a threat to its liberal democratic foundations. They’d have to rebut the evidence that immigrants have had an overall beneficial effect on the economy, akin to their effect in the US. And finally, they’d have to clarify why successful US and British approaches to the sizable Islamic minorities in their midst are not a suitable tack for Holland to take. (This last point should be wonderful to debate, for it clearly exposes the difference between Anglo-Saxon and continental European liberalism. In the US and UK, liberalism is first and foremost an idea. In continental Europe, the liberal convictions of homogeneous societies still blanch at the prospect of multiculturalism. So to speak.)

The version of Islam that is cast by Pim Fortuyn is a caricature that does not do justice to the complexity and diversity of that religion. My experience with Islam has ranged from unbridled hospitality in Pakistan’s Hunza valley to licentious nights on the Bosporus, and I’ve witnessed expressions of deep faith in mosques from Morocco to Manhattan. It would have been interesting to sit down Bernard Lewis with Pim Fortuyn and have the Princeton Emeritus of Near Eastern Studies give Fortuyn a fuller picture. Yes, I’d imagine Lewis conceding, traditional Islamic culture does give women fewer opportunities, is frequently racist and is intolerant of gays such as Pim Fortuyn or atheists such as myself. But these are not the defining characteristics of Islam, he would point out, and are irrelevant to many Muslims. Fortuyn’s own party program lists three such “characteristics” that in fact predate Islam: Arranged marriage (uithuwelijken), revenge killing (eerwraak) and female circumcision (vrouwenbesnijdenis). Not only are revenge killing and female circumcision not condoned by any sane Muslim, but since Dutch law already prohibits murder and sexual molestation, I cannot fathom what specific extra legislation might be needed. And I don’t actually see anything wrong with arranged marriage: many millions of ethnic Indians practice it at home and abroad, and the most coercion that can be exerted within the law is alienation and expulsion from an overbearing family, which, if you are in favor of assimilation, should be a good thing. In short, Islam is not monolithic, nor irredeemably illiberal.

A more sophisticated argument on the part of Fortuyn’s party program (and I hate to have to help them along here) would have been to hammer home that Fundamentalist Islamists reject the collective maximization of the individual’s utility as the ultimate measure of a good society, in favor for a good society as defined by their god, whose will the individual must submit to. (This description also fits present-day traditional Christian and Jewish cultures, by the way). While such a way of life sounds highly illiberal, it is not incompatible with liberal democracy to the extent that this is an earnestly held belief. To the extent that it is acted upon, however, it can lead to the kind of terrorism that we all condemn, but again, all countries already outlaw murder. The whole point of liberalism is to defend freely held beliefs, both odious and supine. In this context, even fundamentalist Islam is not threatening to the “hard-fought freedoms” of the Dutch, because Dutch law already prohibits actions harmful to individuals and society. (These “hard-fought freedoms” referred to by Pim Fortuyn’s party program are of course the freedoms Americans fought hard for on their part during World War II.)

Fortuyn’s party wants to cut immigration and promote assimilation. But it is difficult to imagine what measures they would take beyond applying existing law equally to all citizens. The party proposes cutting immigration, but apparently only from non-EU countries. Would this also raise difficulties for Americans wanting to live in Holland? If it would not, then I submit the proposal is discriminatory and unworthy of The Netherlands’ long history of openness. The party platform also calls for a military and social service for all 18-year old Dutch men and women, as a means of fostering integration. Fine. But will women be allowed to wear the veil, should they choose to, when working in a soup kitchen? Or refuse to work for needle-exchange programs because they fundamentally disapprove of such tolerance of drugs? If Muslims are compelled to such actions in the name of integration, will Christian nuns and Orthodox Jewish women be compelled to remove their headgear and wigs as well? Would Dutch courts ultimately uphold the right to express one’s religious persuasions over the “right” to assimilate?

The experience of Muslims in the US and the UK shows that a fair and fearless liberal society that has no multicultural hang-ups can provide for a harmonious coexistence between Muslims and non-Muslims, one that allows assimilation but does not demand it. In Belgium, by contrast, Muslim immigrants have had to deal with mistrust and racism since the very first wave arrived in the 60s. If closed and inward-looking Muslim neighborhoods have developed, they are mimicking the cold shoulder they’ve received from the dominant Belgian majority for four decades. Subtle racism has prevented Moroccans from moving into white neighborhoods in Antwerp, for example, and the lesson does not go unheeded. In France, Le Pen’s antics arguably accelerated the radicalization of the Muslim suburban ghettoes. These personal observations of the reality of inter-ethnic relations in nort
hern Europe sugges

t to me it is not so much Mu

slim immigrants who are reluctant to assimilate; it is ethnic Europeans who are queasy at the prospect of multiculturalism, and Muslims are reacting defensively. One anecdote in favor of this thesis: Belgians will typically recite the myth that immigrants are responsible for high levels of criminality. In fact, criminality is not more rampant among immigrants—it correlates with poverty; both poor Belgians and immigrants will tend to steal when poor. Ditto when it comes to the refrain that immigrants are lazy and live off welfare: It is simply not borne out by statistics. Yet these beliefs are the conventional wisdom that propelled Fortuyn’s policy prescriptions into the mainstream.

The cynical conclusion? Continental Europeans are still willing to jettison liberal ideas to preserve a concept dearer to their hearts: cultural homogeneity.

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