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BackTalker1

BackTalking is what always got me in trouble throughout life, so it would seem to be a good theme for a first blog. It's also part of the title of my public access show.

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Thursday, 31 March 2005
A Letter from Jefferson

To Dr. Thomas Cooper Monticello, February 10, 1814

DEAR SIR,

-- In my letter of January 16, I promised you a sample from my common-place book, of the pious disposition of the English judges, to connive at the frauds of the clergy, a disposition which has even rendered them faithful allies in practice. When I was a student of the law, now half a century ago, after getting through Coke Littleton, whose matter cannot be abridged, I was in the habit of abridging and common-placing what I read meriting it, and of sometimes mixing my own reflections on the subject. I now enclose you the extract from these entries which I promised. They were written at a time of life when I was bold in the pursuit of knowledge, never fearing to follow truth and reason to whatever results they led, and bearding every authority which stood in their way. This must be the apology, if you find the conclusions bolder than historical facts and principles will warrant. Accept with them the assurances of my great esteem and respect.

 

Common-place Book.
873. In Quare imp. in C. B. 34, H. 6, fo. 38, the def. Br. of Lincoln pleads that the church of the pl. became void by the death of the incumbent, that the pl. and J. S. each pretending a right, presented two several clerks; that the church being thus rendered litigious, he was not obliged, by the Ecclesiastical law to admit either, until an inquisition de jure patronatus, in the ecclesiastical court: that, by the same law, this inquisition was to be at the suit of either claimant, and was not ex-officio to be instituted by the bishop, and at his proper costs; that neither party had desired such an inquisition; that six months passed whereon it belonged to him of right to present as on a lapse, which he had done. The pl. demurred. A question was, How far the Ecclesiastical law was to be respected in this matter by the common law court? and Prisot C. 3, in the course of his argument uses this expression, "A tiels leis que ils de seint eglise ont en ancien scripture, covient a nous a donner credence, car ces common ley sur quel touts manners leis sont fondes: et auxy, sin, nous sumus obliges de conustre nostre ley; et, sin, si poit apperer or a nous que lievesque ad fait comme un ordinary fera en tiel cas, adong nous devons ces adjuger bon autrement nemy," &c. It does not appear that judgment was given. Y. B. ubi supra. S. C. Fitzh. abr. Qu. imp. 89. Bro. abr. Qu. imp. 12. Finch mistakes this in the following manner: "To such laws of the church as have warrant in Holy Scripture, our law giveth credence," and cites the above case, and the words of Prisot on the margin. Finch's law. B. 1, ch. 3, published 1613. Here we find "ancien scripture" converted into "Holy Scripture," whereas it can only mean the ancient written laws of the church. It cannot mean the Scriptures, 1, because the "ancien scripture" must then be understood to mean the "Old Testament" or Bible, in opposition to the "New Testament," and to the exclusion of that, which would be absurd and contrary to the wish of those |P1323|p1 who cite this passage to prove that the Scriptures, or Christianity, is a part of the common law. 2. Because Prisot says, "Ceo [est] common ley, sur quel touts manners leis sont fondes." Now, it is true that the ecclesiastical law, so far as admitted in England, derives its authority from the common law. But it would not be true that the Scriptures so derive their authority. 3. The whole case and arguments show that the question was how far the Ecclesiastical law in general should be respected in a common law court. And in Bro. abr. of this case, Littleton says, "Les juges del common ley prendra conusans quid est lax ecclesiae, vel admiralitatis, et trujus modi." 4. Because the particular part of the Ecclesiastical law then in question, to wit, the right of the patron to present to his advowson, was not founded on the law of God, but subject to the modification of the lawgiver, and so could not introduce any such general position as Finch pretends. Yet Wingate [in 1658] thinks proper to erect this false quotation into a maxim of the common law, expressing it in the very words of Finch, but citing Prisot, wing. max. 3. Next comes Sheppard, [in 1675,] who states it in the same words of Finch, and quotes the Year-Book, Finch and Wingate. 3. Shepp. abr. tit. Religion. In the case of the King v. Taylor, Sir Matthew Hale lays it down in these words, "Christianity is parcel of the laws of England." 1 Ventr. 293, 3 Keb. 607. But he quotes no authority, resting it on his own, which was good in all cases in which his mind received no bias from his bigotry, his superstitions, his visions above sorceries, demons, &c. The power of these over him is exemplified in his hanging of the witches. So strong was this doctrine become in 1728, by additions and repetitions from one another, that in the case of the King v. Woolston, the court would not suffer it to be debated, whether to write against Christianity was punishable in the temporal courts at common law, saying it had been so settled in Taylor's case, ante 2, stra. 834; therefore, Wood, in his Institute, lays it down that all blasphemy and profaneness are offences by the common law, and cites Strange ubi supra. Wood 409. And Blackstone [about 1763] repeats, in the words of Sir Matthew Hale, that "Christianity is part of the laws of England," citing Ventris and Strange ubi supra. 4. Blackst. 59. Lord Mansfield qualifies it a little by saying that "The essential |P1324|p1 principles of revealed religion are part of the common law." In the case of the Chamberlain of London v. Evans, 1767. But he cities no authority, and leaves us at our peril to find out what, in the opinion of the judge, and according to the measure of his foot or his faith, are those essential principles of revealed religion obligatory on us as a part of the common law.

Thus we find this string of authorities, when examined to the beginning, all hanging on the same hook, a perverted expression of Prisot's, or on one another, or nobody. Thus Finch quotes Prisot; Wingate also; Sheppard quotes Prisot, Finch and Wingate; Hale cites nobody; the court in Woolston's case cite Hale; Wood cites Woolston's case; Blackstone that and Hale; and Lord Mansfield, like Hale, ventures it on his own authority. In the earlier ages of the law, as in the year-books, for instance, we do not expect much recurrence to authorities by the judges, because in those days there were few or none such made public. But in latter times we take no judge's word for what the law is, further than he is warranted by the authorities he appeals to. His decision may bind the unfortunate individual who happens to be the particular subject of it; but it cannot alter the law. Though the common law may be termed "Lex non Scripta," yet the same Hale tells us "when I call those parts of our laws Leges non Scriptae, I do not mean as if those laws were only oral, or communicated from the former ages to the latter merely by word. For all those laws have their several monuments in writing, whereby they are transferred from one age to another, and without which they would soon lose all kind of certainty. They are for the most part extant in records of pleas, proceedings, and judgments, in books of reports and judicial decisions, in tractates of learned men's arguments and opinions, preserved from ancient times and still extant in writing." Hale's H. c. d. 22. Authorities for what is common law may therefore be as well cited, as for any part of the Lex Scripta, and there is no better instance of the necessity of holding the judges and writers to a declaration of their authorities than the present; where we detect them endeavoring to make law where they found none, and to submit us at one stroke to a whole system, no particle of which has its foundation in the common law. For we know that the common law is that system of law which was introduced by the Saxons on their settlement in England, and altered from time to time by proper legislative authority from that time to the date of Magna Charta, which terminates the period of the common law, or lex non scripta, and commences that of the statute law, or Lex Scripta. This settlement took place about the middle of the fifth century. But Christianity was not introduced till the seventh century; the conversion of the first christian king of the Heptarchy having taken place about the year 598, and that of the last about 686. Here, then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it. If it ever was adopted, therefore, into the common law, it must have been between the introduction of Christianity and the date of the Magna Charta. But of the laws of this period we have a tolerable collection by Lambard and Wilkins, probably not perfect, but neither very defective; and if any one chooses to build a doctrine on any law of that period, supposed to have been lost, it is incumbent on him to prove it to have existed, and what were its contents. These were so far alterations of the common law, and became themselves a part of it. But none of these adopt Christianity as a part of the common law. If, therefore, from the settlement of the Saxons to the introduction of Christianity among them, that system of religion could not be a part of the common law, because they were not yet Christians, and if, having their laws from that period to the close of the common law, we are all able to find among them no such act of adoption, we may safely affirm (though contradicted by all the judges and writers on earth) that Christianity neither is, nor ever was a part of the common law. Another cogent proof of this truth is drawn from the silence of certain writers on the common law. Bracton gives us a very complete and scientific treatise of the whole body of the common law. He wrote this about the close of the reign of Henry III., a very few years after the date of the Magna Charta. We consider this book as the more valuable, as it was written about fore gives us the former in its ultimate state. Bracton, too, was an ecclesiastic, and would certainly not have failed to inform us of the adoption of Christianity as a part of the common law, had any such adoption ever taken place. But no word of his, which intimates anything like it, has ever been cited. Fleta and Britton, who wrote in the succeeding reign (of Edward I.), are equally silent. So also is Glanvil, an earlier writer than any of them, (viz.: temp. H. 2,) but his subject perhaps might not have led him to mention it. Justice Fortescue Aland, who possessed more Saxon learning than all the judges and writers before mentioned put together, places this subject on more limited ground. Speaking of the laws of the Saxon kings, he says, "the ten commandments were made part of their laws, and consequently were once part of the law of England; so that to break any of the ten commandments was then esteemed a breach of the common law, of England; and why it is not so now, perhaps it may be difficult to give a good reason." Preface to Fortescue Aland's reports, xvii. Had he proposed to state with more minuteness how much of the scriptures had been made a part of the common law, he might have added that in the laws of Alfred, where he found the ten commandments, two or three other chapters of Exodus are copied almost verbatim. But the adoption of a part proves rather a rejection of the rest, as municipal law. We might as well say that the Newtonian system of philosophy is a part of the common law, as that the Christian religion is. The truth is that Christianity and Newtonianism being reason and verity itself, in the opinion of all but infidels and Cartesians, they are protected under the wings of the common law from the dominion of other sects, but not erected into dominion over them. An eminent Spanish physician affirmed that the lancet had slain more men than the sword. Doctor Sangrado, on the contrary, affirmed that with plentiful bleedings, and draughts of warm water, every disease was to be cured. The common law protects both opinions, but enacts neither into law. See post. 879.

879. Howard, in his Contumes Anglo-Normandes, 1.87, notices the falsification of the laws of Alfred, by prefixing to them four chapters of the Jewish law, to wit: the 20th, 21st, 22d and 23d chapters of Exodus, to which he might have added the 15th chapter of the Acts of the Apostles, v. 23, and precepts from other parts of the scripture. These he calls a hors d'oeuvre of some pious copyist. This awkward monkish fabrication makes the preface to Alfred's genuine laws stand in the body of the work, and the very words of Alfred himself prove the fraud; for he declares, in that preface, that he has collected these laws from those of Ina, of Offa, Aethelbert and his ancestors, saying nothing of any of them being taken from the Scriptures. It is still more certainly proved by the inconsistencies it occasions. For example, the Jewish legislator Exodus xxi. 12, 13, 14, (copied by the Pseudo Alfred [symbol omitted] 13,) makes murder, with the Jews, death. But Alfred himself, Le. xxvi., punishes it by a fine only, called a Weregild, proportioned to the condition of the person killed. It is remarkable that Hume (append. 1 to his History) examining this article of the laws of Alfred, without perceiving the fraud, puzzles himself with accounting for the inconsistency it had introduced. To strike a pregnant woman so that she die is death by Exodus, xxi. 22, 23, and Pseud. Alfr. 18; but by the laws of Alfred ix., pays a Weregild for both woman and child. To smite out an eye, or a tooth, Exod. xxi. 24-27. Pseud. Alfr. 19, 20, if of a servant by his master, is freedom to the servant; in every other case retaliation. But by Alfr. Le. xl. a fixed indemnification is paid. Theft of an ox, or a sheep, by the Jewish law, Exod. xxii. 1, was repaid five-fold for the ox and four-fold for the sheep; by the Pseudograph 24, the ox double, the sheep four-fold; but by Alfred Le. xvi., he who stole a cow and a calf was to repay the worth of the cow and 401 for the calf. Goring by an ox was the death of the ox, and the flesh not to be eaten. Exod. xxi. 28. Pseud. Alfr. 21 by Alfred Le. xxiv., the wounded person had the ox. The Pseudograph makes municipal laws of the ten commandments, 1-10, regulates concubinage, 12, makes it death to strike or to curse father or mother, 14, 15, gives an eye for an eye, tooth for a tooth, hand for hand, foot for foot, burning for burning, wound for wound, strife for strife, 19; sells the thief to repay his theft, 24; obliges the fornicator to marry the woman he has lain with, 29; forbids interest on money, 35; makes the laws of bailment, 28, very different from what Lord Holt delivers in Coggs v. Bernard, ante 92, and what Sir William Jones tells us they were; and punishes witchcraft with death, 30, which Sir Matthew Hale, 1 H. P. C. B. 1, ch. 33, declares was not a felony before the Stat. 1, Jac. 12. It was under that statute, and not this forgery, that he hung Rose Cullendar and Amy Duny, 16 Car. 2, (1662,) on whose trial he declared "that there were such creatures as witches he made no doubt at all; for first the Scripture had affirmed so much, secondly the wisdom of all nations had provided laws against such persons, and such hath been the judgment of this kingdom, as appears by that act of Parliament which hath provided punishment proportionable to the quality of the offence." And we must certainly allow greater weight to this position that "it was no felony till James' Statute," laid down deliberately in his H. P. C., a work which he wrote to be printed, finished, and transcribed for the press in his life time, than to the hasty scripture that "at common law witchcraft was punished with death as heresy, by writ de Heretico Comburendo" in his Methodical Summary of the P. C. p. 6, a work "not intended for the press, not fitted for it, and which he declared himself he had never read over since it was written;" Pref. Unless we understand his meaning in that to be that witchcraft could not be punished at common law as witchcraft, but as heresy. In either sense, however, it is a denial of this pretended law of Alfred. Now, all men of reading know that these pretended laws of homicide, concubinage, theft, retaliation, compulsory marriage, usury, bailment, and others which might have been cited, from the Pseudograph, were never the laws of England, not even in Alfred's time; and of course that it is a forgery. Yet palpable as it must be to every lawyer, the English judges have piously avoided lifting the veil under which it was shrouded. In truth, the alliance between Church and State in England has ever made their judges accomplices in the frauds of the clergy; and even bolder than they are. For instead of being contented with these four surreptitious chapters of Exodus, they have taken the whole leap, and declared at once that the whole Bible and Testament in a lump, make a part of the common law; ante 873: the first judicial declaration of which was by this same Sir Matthew Hale. And thus they incorporate into the English code laws made for the Jews alone, and the precepts of the gospel, intended by their benevolent author as obligatory only in foro concientiae; and they arm the whole with the coercions of municipal law. In doing this, too, they have not even used the Connecticut caution of declaring, as is done in their blue laws, that the laws of God shall be the laws of their land, except where their own contradict them; but they swallow the yea and nay together. Finally, in answer to Fortescue Aland's question why the ten commandments should not now be a part of the common law of England? we may say they are not because they never were made so by legislative authority, the document which has imposed that doubt on him being a manifest forgery.


 

posted by: BACKTALKER at March 31, 2005 20:10 | link | comments |

Sky Taxi

 

Waiting for the Sky Taxi

March 26, 2005
By TygrBright - Democratic Underground

Oh, those wacky Rapture-maniacs.

How we love to mock them, with their bizarre "countdown clocks" and their tacky literature and their oh-so-mockable bumper stickers. And there is much within the bizarre range of pre-millenialist theology that would be comical, if it weren't for the astonishing numbers of humorlessly devout believers in this nihilistic mutation of Christian eschatology. According to a 1999 Newsweek poll, forty-five percent of American adults believe that the events described in the Book of Revelations will occur on Earth within their lifetime.

Given the escalated level of these beliefs on the loon-o-meter, why should they be food for concern, no matter how widespread they are? After all, an overwhelming portion of the world's population believed in strange creation myths involving turtles and dragons, etc., not to mention a flat earth, and we've managed to muddle through alright. Where's the harm in people believing a bearded white guy will appear on a cloud and fwoooooosh! them up into the sky to live on in bliss while all the people they don't like get left behind to endure unspeakable torment?

Well, there's the basic hostility, selfishness, and lack of contact with reality revealed in such a belief. But heck, that's their problem, right?

If it were only that. The whole Dispensationalist mythos is so creepy in its obsessive rumination on the intimate details of torture and suffering that will be inflicted upon the sinners who fail to sufficiently hate fags and abortionists and godless liberals that it makes my stomach queasy to contemplate it. I'm not going to recap the details here. But although there is no logic, there is a kind of rhetorical consistency in its reiterative descriptions of pain and destruction. In other words, the Rapture-maniacs are definitely all on the same page of their sadistic hymnal, singing at the tops of their lungs. And one of the elements of their belief is that it is part of their obligation as "Christians" to do everything they can to help bring about the events of the "end times."

But don't ever point out to them the inconsistency between their belief that:

 

A. The Earth has to reach a fever-pitch of total abandonment to sin in order to bring about the Second Coming;

B. They have an obligation to do whatever they can to bring about that Second Coming; and yet…

C. Somehow they have to stave off the abominable sins of homosexual tolerance and women's control of their reproductive choices, even if, (apparently,) this will reduce the sum total of sinfulness needed to precipitate the Millennium.

Again, sinister as these beliefs are, and widespread though they may be, why should we be concerned?

Bill Moyers has covered this in far more detail and with much greater cogency than I could ever manage. (See his article here.) Basically, it comes down to two things:

 

A. The Rapture-maniacs' numbers and fervency have made them a frighteningly potent political force in America; and

B. Because they think Jesus is on his way to pick them up any day, now, they not only feel no obligation to make the world a better place for their children and grandchildren, they think that making it worse will hasten the Divine Air Taxi on its journey to suck them up to Eternal Blissland.

Okay, if that doesn't scare you, you probably fell asleep during Alien, too. I'm not ashamed to admit that it gives me the willies. And it makes me ask what I think is a critical, and much under-examined, question:

 

Just how did such a bizarre, contra-survival belief take such a firm hold on so many people, in a relatively well-educated culture where science, technology, and materialism are pervasive?

What's up with that?

These are not citizens of a non-industrialized tribal culture that still believes the sun is pushed under the flat earth by a giant tortoise all night to rise on the other side in the morning.

Why would someone embrace such a nihilistic, suicidal belief system, so devoid of logic, so dependent on Lovecraftian fantasy?

Why would they rush, like lemmings, to promote a vast war in the Middle East and irreversible ecological destruction of the Earth's resources?

Why would they pin their hopes to the fantasy of Jesus and his giant Rapture-vacuum?

Why, indeed.

I looked into the roots of Rapture-mania, the early incarnations of the Dispensationalist phenomenon and its various offshoots and competing sects.

The initial flourishing of this darkly despairing contortion of Biblical eschatology happened at a time when the benefits of the Industrial Revolution were distributed with growing inequity to an elite class. A large segment of society in rapidly-urbanizing Britain and Europe was left staring hopelessly at a better life that seemed forever beyond their grasp. The many toiled among new and alien machines that brought only misery to them, and wealth, power, and luxury to others.

Rapture beliefs spread like wildfire in the wake of the failed social revolutions of the 1840s, in the latter half of the nineteenth century. The new technologies of the Industrial Revolution had made the poor aware that there was someplace else to go, but they had no hope of going. It was reserved for others-better educated, born into a more fortunate class, gifted by circumstances of birth with access to the new horizon of luxury and wealth.

Their demands to share those benefits had just been brutally crushed in the backlash of the failed revolutions. Economic and political power seemed irrevocably consolidated into the hands of a small elite-an elite who despised them for their ignorance, their credulity, their lack of sophistication.

Into this aching gulf stepped John Nelson Darby, C.I. Scofield, Edward Irving, Henry Drummond, and the proto-millenialists, with a pleasingly vengeful reading of Revelation and Thessalonians. The believers-humble and theologically 'pure'-are slated for eternal bliss. The sinners, the worldlings, the abandoned hedonists enjoying the fruits of Industrial Revolution wealth-for them, it is boils and rains of fire and unending tortures of the most graphic description.

The believers were beset by profound alienation from a world exploding with new adventures of science and rich possibilities of wealth, and constrained by fear of change, poverty, and social pressure. Rapture-mania is a pathology-but many, if not most, pathologies arise as defenses against worse despair, depression, and hopelessness. After the failure of the social revolution, the rollback of any attempts at progress, the slow loss of the early liberalizing gains in post-Napoleonic Europe, what was left? Liberalism was defeated; it offered no hope. It was a cruel chimera, a broken reed, to be turned upon and despised for its failures.

Fast-forward to the Information Revolution of the 20th century, and the liberal advances that seemed to promise the distribution of its benefits to all. And then the failures, the rolling-back of liberal gains, the growing disparities of wealth between the elite few and the decidedly un-elite many, the fury of denial of that UN-elite status, overlaid on a growing uneasiness and despair. The opaque and ever-growing complexity of information technology that seemed to take its benefits further and further from the grasp of the "ordinary person" and into the realm of a highly-educated few who could design chips and write mysterious code.

Now, again, we see large numbers of otherwise educated individuals, profoundly alienated, turning their backs upon the liberalism that seemed to betray its promise to them, embracing the bitter fantasies that sustained their great-grandparents through a similar social cycle.

If, as Bill Moyers believes, it is a matter of urgency to keep the nihilistic fury of the Rapture-maniacs from irrevocably damaging the Earth's habitability through war and ecological destruction, we must turn our attention to the issues of what makes Rapture-mania, and how it can be unmade. I suggest that the cure is successful social reorganization that will restore hope to the hopeless, and open opportunity to those who feel locked out of the possibilities of modern technology and culture.

The last wave of Rapture-mania finally abated in the wake of the Progressive revolutions that followed World War I. They reformed labor laws, curbed the excesses of the corporate classes, and spread a social safety net under the feet of the vulnerable. If we want to save a habitable world for our grandchildren, we need to pull the rug out from under Rapture-mania with a new wave of hope and opportunity. We must demonstrate that there is hope in this world, not just in cloud-cuckoo-land. That making this world a better place can be even more satisfying than contemplating the richly-deserved tortures of the sinning class.

The Rapture-maniacs have a strong hold on political power and are doing their best to make things more hopeless, rather than less so. They can hear the throbbing engines of the Great Sky Taxi loud in their ears, and they're not about to listen to the feeble voices of the ineffectual liberals who couldn't even hold onto the gains we made in the mid-20th century.

Yet somewhere inside, a great many of them, perhaps most of them (at least those who are not making a cushy living off exploiting the vengeful bearded white guy Jesus myth,) know how creepy and unpleasant this psychotic fantasy really is. If something better comes along, even a faint hope of something better, it might be the catalyst that will begin the return to sanity.

Now, more than ever, the fight to restore hope takes on urgency. It may be the only thing that saves our grandchildren from choking in the reeking effluvia and starving in the devastated wasteland awaiting the "Rapture."

http://www.democraticunderground.com/articles/05/03/26_taxi.html

posted by: BACKTALKER at March 31, 2005 20:04 | link | comments |

Okay, We Give Up

Okay, We Give Up
By The Editors of Scientific American
April 2005


There's no easy way to admit this. For years, helpful letter writers told us to stick to science. They pointed out that science and politics don't mix. They said we should be more balanced in our presentation of such issues as creationism, missile defense and global warming. We resisted their advice and pretended not to be stung by the accusations that the magazine should be renamed Unscientific American, or Scientific Unamerican, or even Unscientific Unamerican. But spring is in the air, and all of nature is turning over a new leaf, so there's no better time to say: you were right, and we were wrong.

In retrospect, this magazine's coverage of socalled evolution has been hideously one-sided. For decades, we published articles in every issue that endorsed the ideas of Charles Darwin and his cronies. True, the theory of common descent through natural selection has been called the unifying concept for all of biology and one of the greatest scientific ideas of all time, but that was no excuse to be fanatics about it.

Where were the answering articles presenting the powerful case for scientific creationism? Why were we so unwilling to suggest that dinosaurs lived 6,000 years ago or that a cataclysmic flood carved the Grand Canyon? Blame the scientists. They dazzled us with their fancy fossils, their radiocarbon dating and their tens of thousands of peer-reviewed journal articles. As editors, we had no business being persuaded by mountains of evidence.

Moreover, we shamefully mistreated the Intelligent Design (ID) theorists by lumping them in with creationists. Creationists believe that God designed all life, and that's a somewhat religious idea. But ID theorists think that at unspecified times some unnamed superpowerful entity designed life, or maybe just some species, or maybe just some of the stuff in cells. That's what makes ID a superior scientific theory: it doesn't get bogged down in details.

Good journalism values balance above all else. We owe it to our readers to present everybody's ideas equally and not to ignore or discredit theories simply because they lack scientifically credible arguments or facts. Nor should we succumb to the easy mistake of thinking that scientists understand their fields better than, say, U.S. senators or best-selling novelists do. Indeed, if politicians or special-interest groups say things that seem untrue or misleading, our duty as journalists is to quote them without comment or contradiction. To do otherwise would be elitist and therefore wrong. In that spirit, we will end the practice of expressing our own views in this space: an editorial page is no place for opinions.

Get ready for a new Scientific American. No more discussions of how science should inform policy. If the government commits blindly to building an anti-ICBM defense system that can't work as promised, that will waste tens of billions of taxpayers' dollars and imperil national security, you won't hear about it from us. If studies suggest that the administration's antipollution measures would actually increase the dangerous particulates that people breathe during the next two decades, that's not our concern. No more discussions of how policies affect science either, so what if the budget for the National Science Foundation is slashed? This magazine will be dedicated purely to science, fair and balanced science, and not just the science that scientists say is science. And it will start on April Fools' Day.

Okay, We Give Up

MATT COLLINS
THE EDITORS editors@sciam.com
COPYRIGHT 2005 SCIENTIFIC AMERICAN, INC.

posted by: BACKTALKER at March 31, 2005 12:03 | link | comments |

Wednesday, 30 March 2005
It can happen here...

 

What's Going On?

By PAUL KRUGMAN

New York Times 

Published: March 29, 2005

Democratic societies have a hard time dealing with extremists in their midst. The desire to show respect for other people's beliefs all too easily turns into denial: nobody wants to talk about the threat posed by those whose beliefs include contempt for democracy itself.

We can see this failing clearly in other countries. In the Netherlands, for example, a culture of tolerance led the nation to ignore the growing influence of Islamic extremists until they turned murderous.

But it's also true of the United States, where dangerous extremists belong to the majority religion and the majority ethnic group, and wield great political influence.

Before he saw the polls, Tom DeLay declared that "one thing that God has brought to us is Terri Schiavo, to help elevate the visibility of what is going on in America." Now he and his party, shocked by the public's negative reaction to their meddling, want to move on. But we shouldn't let them. The Schiavo case is, indeed, a chance to highlight what's going on in America.

One thing that's going on is a climate of fear for those who try to enforce laws that religious extremists oppose. Randall Terry, a spokesman for Terri Schiavo's parents, hasn't killed anyone, but one of his former close associates in the anti-abortion movement is serving time for murdering a doctor. George Greer, the judge in the Schiavo case, needs armed bodyguards.

Another thing that's going on is the rise of politicians willing to violate the spirit of the law, if not yet the letter, to cater to the religious right.

Everyone knows about the attempt to circumvent the courts through "Terri's law." But there has been little national exposure for a Miami Herald report that Jeb Bush sent state law enforcement agents to seize Terri Schiavo from the hospice - a plan called off when local police said they would enforce the judge's order that she remain there.

And the future seems all too likely to bring more intimidation in the name of God and more political intervention that undermines the rule of law.

The religious right is already having a big impact on education: 31 percent of teachers surveyed by the National Science Teachers Association feel pressured to present creationism-related material in the classroom.

But medical care is the cutting edge of extremism.

Yesterday The Washington Post reported on the growing number of pharmacists who, on religious grounds, refuse to fill prescriptions for birth control or morning-after pills. These pharmacists talk of personal belief; but the effect is to undermine laws that make these drugs available. And let me make a prediction: soon, wherever the religious right is strong, many pharmacists will be pressured into denyny pharmacists will be pressured into denying women legal drugs.

And it won't stop there. There is a nationwide trend toward "conscience" or "refusal" legislation. Laws in Illinois and Mississippi already allow doctors and other health providers to deny virtually any procedure to any patient. Again, think of how such laws expose doctors to pressure and intimidation.

But the big step by extremists will be an attempt to eliminate the filibuster, so that the courts can be packed with judges less committed to upholding the law than Mr. Greer.

We can't count on restraint from people like Mr. DeLay, who believes that he's on a mission to bring a "biblical worldview" to American politics, and that God brought him a brain-damaged patient to help him with that mission.

What we need - and we aren't seeing - is a firm stand by moderates against religious extremism. Some people ask, with justification, Where are the Democrats? But an even better question is, Where are the doctors fiercely defending their professional integrity? I think the American Medical Association disapproves of politicians who second-guess medical diagnoses based on video images - but the association's statement on the Schiavo case is so timid that it's hard to be sure.

The closest parallel I can think of to current American politics is Israel. There was a time, not that long ago, when moderate Israelis downplayed the rise of religious extremists. But no more: extremists have already killed one prime minister, and everyone realizes that Ariel Sharon is at risk.

America isn't yet a place where liberal politicians, and even conservatives who aren't sufficiently hard-line, fear assassination. But unless moderates take a stand against the growing power of domestic extremists, it can happen here.

posted by: BACKTALKER at March 30, 2005 01:01 | link | comments |

Tuesday, 29 March 2005
Devolving Florida's Academic Freedom

There has been a bill proposed in both the Florida House (HB 0837 and Florida Senate (S 2126) that is designed to allow students at public universities and colleges to sue if they don't agree with the content or who believe their beliefs are not being respected.  This bill is being sponsored by sponsored by Rep. Dennis Baxley, R-Ocala who is apparently concerned about "dictator professors who controls the classroom," as part of "a misuse of their platform to indoctrinate the next generation with their own views."  "Some professors say, 'Evolution is a fact. I don't want to hear about Intelligent Design (a creationist theory), and if you don't like it, there's the door,'" Baxley said, citing one example when he thought a student should sue.  I encourage EVERYONE in Florida to contact their state legislators in both houses to oppose this legislation.

posted by: BACKTALKER at March 29, 2005 16:00 | link | comments |

On the lighter side...

I've been told, by She Who Rules The Blogworld, that I need to lighten up!

So: One day, while walking to the store, I passed by a Nursing Home. On the front lawn were 6 old ladies laying naked on the grass. I thought this was a bit unusual, but continued on my way to the store. On my return trip, I passed the same Nursing Home with the same 6 old ladies laying naked on the lawn. This time my curiosity got the best of me and I went inside to talk to the manager.

"Do you know there are 6 ladies laying naked on your front lawn?"

"Yes," he said. "They are retired prostitutes and they are having a yard sale".

posted by: BACKTALKER at March 29, 2005 15:36 | link | comments (15) |

Welcome to theocracy

Introducing the Constitution Restoration Act

Tired of waiting for the Second Coming to enforce Christ's rule on Earth? Fortunately, so is your Congress and they know how to "bring it on."

Just when you thought the corporatist/Christian Coalition had milked the 9/11 "surprise" for all it was worth in powers, profits and votes, we regret to report that you may have to think again. Just in case you've briefly fallen behind on your rightwing mailing lists, you might have missed the March 3rd filing of Senate bill S. 520 and House version is H.R. 1070, AKA the "Constitution Restoration Act" (CRA).

In the worshipful words of the Conservative Caucus, this historic legislation will "RESTORE OUR CONSTITUTION!", mainly by barring ANY federal court or judge from ever again reviewing "any matter to the extent that relief is sought against an entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government." [Emphasis demanded - see full text here.]

In other words, the bill ensures that God's divine word (and our infallible leaders' interpretation thereof) will hereafter trump all our pathetic democratic notions about freedom, law and rights -- and our courts can't say a thing. This, of course, will take "In God We Trust" to an entirely new level, because soon He (and His personally anointed political elite) will be all the legal recourse we have left.

This is not a joke, a test, or a fit of libertarian paranoia. The CRA already has 28 sponsors in the House and Senate, and a March 20 call to lead sponsor Sen. Richard Shelby's office assures us that "we have the votes for passage." This is a highly credible projection as Bill Moyers observes in his 3/24/05 "Welcome to Doomsday" piece in the New York Review of Books: "The corporate, political, and religious right's hammerlock... extends to the US Congress. Nearly half of its members before the election—231 legislators in all (more since the election)—are backed by the religious right... Forty-five senators and 186 members of the 108th Congress earned 80 to 100 percent approval ratings from the most influential Christian Right advocacy groups."

This stunning bill and the movement behind it deserve immediate crash study on at least 3 different fronts.

  1. Its hostile divorce of American jurisprudence from our hard-won secular history and international norms.

    To again quote the Conservative Caucus: "This important bill will restrict the jurisdiction of the U.S. Supreme Court and all lower federal courts to that permitted by the U.S. Constitution, including on the subject of the acknowledgement of God (as in the Roy Moore 10 Commandments issue); and it also restricts federal courts from recognizing the laws of foreign countries and international law [e.g., against torture, global warming, unjust wars, etc. - ed.] as the supreme law of our land."

    Re the last point, envision some doddering judges who still revere our Declaration of Independence's "decent respect to the opinions of mankind," and suppose they invoke in their rulings some international precepts from the UN's Universal Declaration of Human Rights, the Covenant on the Elimination of All Forms of Discrimination against Women or, God forbid, the Geneva Conventions. Well, under the CRA that would all be clearly illegal and, thank God, that's the last we'd ever hear from them.

  2. The political implications of replacing "we the people" with a Christian deity as the "sovereign source" of all our laws.

    Imagine hyper-zealous officers or "entities" of the Federal, State, or local government (like a governor, legislature or school board) that mandate Christian prayers, rituals and/or statuary in public buildings under their control. Were this to happen, some local Jews, Muslims and/or Buddhists might be moved to hire a lawyer and legally object. But if the CRA passes, their objection would be beyond any court's jurisdiction and that's the last we'd ever hear of that. It in fact demands "impeachment, conviction, and removal of judges" who dare to even hear a case that challenges its "Last Days" morphing of Christian church and state. (Just how our new Sovereign Source of Government's advocacy of public executions for adultery, gay-ness, contraception and blasphemy will fit into our current corrections system still remains to be seen.)

     

  3. The incessant mainstream media blackout on the bill's existence and import.

    The potential impact of the Constitution Restoration Act on American life, law and politics is so radical and vast that you would expect a boiling national debate. Yet just as with the crimes and questions of 9/11, everyone in the media seems terrifically busy looking the other way. If you want yet another dramatic metric of US journalistic dysfunction, try Googling "Constitution Restoration Act" in their News category and see what you get. Today, three weeks after the bill was filed, I find a grand total of three throwaway mentions in Alabama's Shelby County Reporter, the Decatur Daily, and the Massachusetts Daily Collegian. ("Terry Schiavo" in contrast will net you over a thousand news hits, and "Michael Jackson" just passed 36,000 with a bullet.)

If the Alabama paper interest seems a little odd or sponsor Shelby's name a bit familiar, you should recall that this old boy AL senator was high among those same wonderful folks who kicked off the 9/11 cover-up. As his Senate bio proudly relates:
"From 1995 to 2003, Senator Shelby served on the Senate Select Committee on Intelligence. In this capacity, he and the other committee members provided oversight of the intelligence community, and following the September 11, 2001 terrorist attacks, Senator Shelby served diligently to investigate the intelligence failures that led to those attacks." [Emphasis demanded again.]
Got that? First he "oversees" intelligence for six years before 9/11, then "diligently investigates" its bizarre "failures" for two years more, and finally finds--in a no-fault judgment--it was all due to "deep institutional defects" and "systemic miscommunication" that he'd apparently never noticed or heard about before. Having so brilliantly defended the country before 9/11 and the official story since, some seem to find it comforting that he's now busy defending our court-harassed Constitution with a legally bulletproofed God. Some, alas, do not -- feel comforted, that is, either by Shelby's blurry oversight or fundamentalist agenda, not to mention the Orwellian performance of our autistic corporate press.

In the meantime, however, before the CRA takes force and reduces legal education to a Bible study course, what say we undertake a little Constitutional defense of our own? To get up to speed on the current Christian right agenda, Moyers' "Welcome to Doomsday", Katherine Yurica's "The Despoiling of America" and John "The 9/11 Truth Candidate" Buchanan's "Fixing America" are excellent places to start.

None of these analyses offer a silver bullet or paint a pretty picture, but as students of 9/11 now know, spreading the courage to face the truth is really the only hope we've got.

=====================

W. David Kubiak is a Project Censored award-winning journalist and executive director of 911truth.org. He can be reached at david(at)911truth.org. (He is indebted to John Buchanan for the latest heads-up on this story and the Shelby office call.)

http://www.911truth.org/

posted by: BACKTALKER at March 29, 2005 14:54 | link | comments (2) |

Evidence, please...

Where is the evidence of a higher being?
The News Record - Column (Cincinnati)
By Zach Van Hart
Published March 9, 2005

I've read many attacks on evolution from readers the past few weeks. Some simply refuse to accept science. They ask why anyone would believe they come from monkeys, call evolution "anti-God" religion and charge you possess only "faith" in evolution unless you conduct private research.

This implies education means zilch. Scientists - professors, researchers, lab technicians - apparently learned nothing to achieve their current positions. Of course they left gaping holes in evolutionary theory, such as "flaws" in isotopes and thermodynamics, and chose to bypass them as irrelevant.

Perhaps creationists do not believe in science's accomplishments. They must live in a world without a computer, automobile or electricity, a few products of science.

Critics call scientists hypocrites for admitting they do not know all the answers. Scientists never claimed to know all the answers. It's called evolutionary theory because it's just that: their attempt to explain an occurrence.

Gravity is only a theory, too.

This is why half the nation turns to creationism instead of evolution: the former provides an answer. No need to worry anymore about fossil records, the Big Bang or genetic mutation; God did it all, and in only six days!

What a cop-out.

I'm a faithful person. I have faith in myself. I believe in what I can accomplish, handle and the reasons behind my choices. I have faith in many friends and family members. It's a faith they earned, through actions. Some friends, I do not have faith in. They do not follow through on their word, show dependability or possess any worthwhile desire.

I have faith in science for the same reasons. When I flip a switch, lights illuminate. When I turn a key, the car engine ignites. When I jump, I land.

I have faith in many aspects of life.

I do not have faith in God.

It's for the same reasons. It's an improvable force. If I speak to God, I receive no answer. If I curse God, I hear no curses returned. If I throw a stone at God, I face no retaliation.

The majority of humans choose to believe in God for comfort. This way, they can commit evils, because God forgives. They can force their will upon others, because it's God's will. They can ignore any notion that contradicts God on that exact principle. It requires no knowledge, no thinking, no effort.

Many God-believers fire away at theories that destroy their belief, citing, often inaccurately, evidence that contradicts these theories. Where is your evidence? Who has seen God? Talked to him? Met him?

Your faith comes from books, many written 1,500 to 2,000 years ago. Written by people who believed the Earth was flat and illness was the work of evil spirits.

These are the individuals you place your faith in?

God-believers say they know God exists because of answered prayers. So the 150,000 Asians who died in December's tsunami never prayed a day in their lives and received their wickedly deserved punishment?

I believe in the human brain. It's the greatest organism in Earth's history. It created music, love, medicine and construction. I believe in its power because I witness the results every day.

Yet the majority of humans ignore this, take our accomplishments for granted and instead praise a being they will never speak to, see or even prove its existence. They choose to live on a blind faith.

Good luck with your blind existence. I choose to live with my eyes open.


http://www.newsrecord.org/news/2005/03/09/Opinion/Column.Where.Is.The.Evidence.Of.A.Higher.Being-889060.shtml

posted by: BACKTALKER at March 29, 2005 13:35 | link | comments |

Wednesday, 23 March 2005
Shockers!

My living room is presentable!

posted by: BACKTALKER at March 23, 2005 03:57 | link | comments (3) |

Tuesday, 22 March 2005
Deciphering Gibberish

A handy guide to translating the obvious into the obscure:
 
http://slacktivist.typepad.com/slacktivist/2005/03/hermeneutics.html

Our Example Text:

So this gorilla walks into a bar. The gorilla slaps a $10 bill on the counter and says, "Give me a beer."

Bartender figures what does a gorilla know? So he gives him the beer, but only gives him $1 in change. It's a slow night, though, so the bartender figures he should make some conversation. "We don't get many gorillas in here," he says.

Gorilla says, "Yeah, well at $9 a beer I'm not surprised."

The Fundamentalist Interpretation

(Fundamentalists read the text literally. This means they adhere as closely as possible to the simplest, most obvious reading of its meaning.)

The talking gorilla indicates that the great apes, perhaps all beasts, once were able to speak. This, like the great longevity of the early patriarchs, seems incomprehensible to us. Yet the text says it is so, so therefore it is so.

How is it that gorillas could speak? How is it that Methuselah could live to the ripe old age of 969? Those of you who have been attending our Wednesday night Bible study series, "Six Days; 6,000 Years Ago," already know the answer to these questions.

In Matthew 24:38, Jesus says that, "in the days that were before the flood they were eating and drinking ..." Our story is set in a bar, a place designated for eating and drinking, so we can conclude that it takes place "in the days that were before the flood."

Please note, however, that this was not what we today understand as the sin of drinking. The "beer" in our text is not the alcoholic beverage we think of today, just as the "wine" the Bible speaks of is not what we think of as wine. (Drinking wine is a sin. Jesus was without sin. Jesus drank "wine." Therefore "wine" is not wine.) The "beer" the story speaks of thus was probably a nonalcoholic drink similar to malta.

In the days that were before the flood, the earth was still protected by the great vapor canopy, or "firmament" (Genesis 1:6-8, KJV only, of course). This canopy shielded the earth, protecting the grandchildren of Adam and Eve and allowing them to live much longer than humans can today without the benefit of its protection. Creation scientists have posited that another consequence of this canopy may have been that, um, gorillas could talk. They lost this ability of speech after God unleashed the canopy, creating the Great Flood.

Public schools refuse to acknowledge that gorillas could ever speak. This is an example of the persecution that we face as believers.

The Premillennial Dispensationalist Interpretation

(Premillennial dispensationalists also consider their interpretation of the text to be literal, but they also believe that we must "rightly divide" the word of truth [see 1 Tim. 2:15]. The dispensational approach provides a key -- a kind of codebreaker -- for interpreting the text, which is explained in simple charts like this one.)

The meaning of this passage is made clear through its use of the number nine: 9 = 3 + 6, or three sixes, or 666. The bartender thus clearly represents the Antichrist, who gives this number to the gorilla, or Beast.

The beer represents the alcoholic wine consumed by the apostate church of Rome. The $10 presented by the gorilla represents the 10 kings of the rebuilt Roman Empire, also represented by the 10 horns of the Beast described in Revelation 13:1. The apostle John, of course, would never have seen a gorilla firsthand and thus could not known what to call this Beast, but consider the description John provides in Revelation 13:2: "The beast I saw resembled a leopard, but had feet like those of a bear [i.e., Soviet Russia] and a mouth like that of a lion." That sounds very much like a gorilla (or, perhaps, a gorilla in a leopard suit).

Thus our text makes it clear that the Antichrist is none other than the Roman Pope and that his servant is Leonid Brezhnev Saddam Hussein.

I have read that in many bars and restaurants in places like New York City it is not uncommon for patrons to be charged $9 for a beer. Such prices were unheard of before the recreation of the state of Israel in 1948.

The signs therefore are clear: We are living in the Last Days. Even now, the Bartender and his servant the Gorilla are preparing for a one-world government and a New World Order that will mark the beginning of the Tribulation.

posted by: BACKTALKER at March 22, 2005 22:46 | link | comments |