Wednesday, July 21, 2004

Gay Adoption

On a tied 6-6 vote, the 11th Circuit Court of Appeals has denied an en banc rehearing of Lofton v. Department of Children and Family Services. The case concerned the constitutionality of a Florida Statute which catagorically prohibited practicing homosexuals (but no one else, including drug abusers and criminals) from adopting children. The text of the denial ruling (along with its dissent) can be found here.

1) I think this ruling is just wrong. The court seemed to rest its decision on the idea that in order to challenge a statute under "rational basis" standards, one is obligated to disprove any possible rational basis for enacting the statute. From the Supreme Court case of Heller v. Doe a challenged statute under the rational basis test "must be upheld against equal protection challenge if there
is any reasonably conceivable state of facts that could provide a rational basis for the classification...It could be that the assumptions underlying these rationales are erroneous, but the very fact that they are arguable is sufficient, on rational-basis review, to immunize the legislative choice from constitutional challenge." The dissent makes a compelling argument that this controversy shouldn't be decided by a rational basis standard. However, even within that framework, I think the law fails. Certainly, one can argue anything, so the courts must make some sort of reasoned judgment about whether the argument is plausible or not. Simply asserted the legislature's professed rationale without any analysis as to its validity or internal consistency is no way to make a decision, even under such a deferential standard. Such a standard would have caused virtually all the cases cited by the court to have been decided in the opposite of their eventual rulings. For example, in City of Cleburne v. Cleburne Living Center (cited by the court), the "rational basis" for the denial of a zoning permit to an assisted living center for the mentally retarded was a) that people generally feared said group and b) a plethora of disingenious statements ranging from "the site is on a flood plain," to "local schoolchildren will harass the residents." For the latter rationale, the court dismissed the analysis on the grounds that the zoning board didn't have any similar requirements for any other type of similarly situated building (a flood plain is a danger to any building, and all sorts of people, from minorities to the elderly to hippies might be mocked by schoolchildren). The court then concluded that in abscence of any other reasonable rationale, the first justification amounted to nothing but an expression of animus on the part of the local community and could not stand. The parrallels to this decision are quite easy to see. The vast majority of the state's claims of rationale falter because it makes no effort to apply the same standards to similarily situated people (for example, its claim that it wants children in houses with a mother and a father is undercut by the fact that it allows single people to adopt). The only analysis it gives that arguably only applies to Homosexual couples is that the state might want its children to be "normalized" and that it would be weird and possibly harmful for predominately heterosexual children to be raised by homosexual parents who are implied to be outside the mainstream. Even beyond the substantial psychological evidence which shows that any harm to children raised by homosexual parents is fictive (which in itself is proven by the situation of the petitioning family), the flaws in this argument are transparant. First, as the dissent aptly notes, it gives no guidance on how to deal with homosexual children who presumably need a "similar" parent figure as much as heterosexual parent does. Second, it doesn't apply the same standard to other groups that could be termed "outside the mainstream" (like inter-racial couples). Ultimately, the statute legally places an actively homosexual person beneath a herion addict in the states perception of how apt they are to raise a child. That is patently absurd and profoundly irrational.
2) The 6th vote to deny rehearing was cast by Justice William Pryor, who was appointed by President Bush in a recess appointment. Had he not been present, the vote would have been 6-5 in favor of a rehearing, and the ruling might have been overturned. So for all those who view the appealate court nomination fights as a waste of time, this should be a wakeup call.
3) Am I the only one who has noticed that in cases such as these, even the conservative judges are loathe to defend the laws themselves, instead resting their arguments on judicial restraint? Justice Birch wrote in the majority opinion for the denial of rehearing:
I will conclude on a purely personal note. If I were a legislator, rather than a judge, I would vote in favor of considering otherwise eligible homosexuals for adoptive parenthood. In reviewing the record in this case one can only be impressed by the courage, tenacity and devotion of Messrs. Lofton and Houghton for the children placed in their care. For these children, these men are the only parents they have ever known. Thus, I consider the policy decision of the Florida legislature to be misguided and trust that over time attitudes will change and it will see the best interest of these children in a different light.

Justice Thomas wrote in his dissent in Lawrence v. Texas
I write separately to note that the law before the Court today 'is ... uncommonly silly.' Griswold v. Connecticut, 381 U.S. 479, 527 (1965) (Stewart, J., dissenting). If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources

This of course quoting Justice Potter Stewart in his dissent in Griswold v. Connecticut where he and Justice Black also talk about the stupidity of a law they believed they were obligated to uphold. Shouldn't conseratives do a bit of soulsearching if their own champions on the court are so vociferous in their denounciations of these laws even as they vote to sustain them?

Tuesday, July 20, 2004

Sandy Berger

Its been revealed that Sandy Berger, Bill Clinton's former National Security Advisor, took some classified Homeland Security documents while he was reviewing them for the 9/11 commission, and now claims he inadvertantly discarded a few.

Being 100% charitable to Mr. Berger, this was remarkably boneheaded. Being less charitable, it was possibly criminal, and one has to ask what his motives possibly could have been. Daniel Drezner is willing to give him the benefit of the doubt (IE, that Mr. Berger was just plain stupid). The folks at Powerline and The National Review are far more suspicious.

Powerline posted a statement from House Speaker Dennis Hastert on the matter. The quote I found notable:
Mr. Berger has a lot of explaining to do. He was given access to these documents to assist the 9/11 Commission, not hide information from them. The American people and the 9/11 families don't want cover-ups when it comes to the War on Terror. They want the truth. And so does the U.S. House of Representatives.


Begging your pardon Mr. Speaker, but you led the charge against full accountability for 9/11 and against the 9/11 commission. So let's not get too self-righteous about the need for full disclosure.

Monday, July 19, 2004

Markets and Masses

CNN had an interesting article on the relative intelligence of crowds compared to the individuals that are contained within them. Indirectly, this is a powerful argument for capitalism that contrasts with the prevelant "dumb herd" mentality. If this seems interesting to you, also check out Tom Friedman's comments on "The Electronic Herd" in his book The Lexus and the Olive Tree

Also hidden in the article was this gem of a card for those arguing on the impacts of the recent financial scandels.
James Surowiecki, author of "The Wisdom of Crowds" (as quoted by CNN.com on July 14 2004)
If anything can hurt markets, says Surowiecki, it's lack of trust. Capitalism has succeeded, he says, because people are willing to trust their money with strangers. The misstatements and financial chicanery of the late-'90s bubble have wounded that confidence.

"The challenge for capitalism is that the things that breed trust also breed the environment for fraud," he says. People can make money by working together -- but when the sums of money are as huge as they've been of late, it can be very tempting for people to subvert the system for their own gains.

And yet Surowiecki has hope that trust can be maintained and, indeed, markets can keep improving. Economists and psychologists have found indications that our first impulse -- as people and consumers -- "is to do the socially beneficial thing," he says.

Potter Politics

UPDATE: 7/19 @ 3:00 PM
From the "You Are Really Reading Too Much Into It" catagory, the New York Times gives us this wonderful diatribe on how Harry Potter reinforces the myths of neo-liberalism and the capitalist model.

Daniel Drezner should be credited with the link, and his "responses" to the article are also worth the read.

MORE ON POLITICAL POTTER THEMES
This also talks about neoconservative leanings of the HP world, though in far less post-modern langauge.

Fun stuff.

Sunday, July 18, 2004

Full Disclosure

In response to the Bush administration's request for the footage from Sen. Kerry's controversial star-studded fundraiser, the Kerry campaign sent the Bush administration this letter. Highlights:

we will not consider your request until the Bush campaign and White House make public the documents/materials listed below:

-- Military records: Any copies of the President's military records that would actually prove he fulfilled the terms of his military service. For that matter, it would be comforting to the American people if the campaign or the White House could produce more than just a single person to verify that the President was in Alabama when said he was there. Many Americans find it odd that only one person out of an entire squadron can recall seeing Mr. Bush.

-- Halliburton: All correspondence between the Defense Department and the White House regarding the no-bid contracts that have gone to the Vice-President's former company. Some material has already been made public. Why not take a campaign issue off the table by making all of these materials public so the voters can see how Halliburton has benefited from Mr. Cheney serving as Vice-President?

-- The Cheney Energy Task Force: For an Administration that claims to hate lawsuits, it's ironic that the Bush White House is taking up the Courts' time to keep the fact that Ken Lay and Enron wrote its energy policy in secret behind closed doors. Please release the documents so that the country can learn what lobbyists and special interests wrote the White House energy policy.

-- Medicare Bill: Please release all White House correspondence between the pharmaceutical industry and the Administration regarding the Medicare Bill, which gave billions to some of the President's biggest donors. In addition, please provide all written materials that directed the Medicare actuary to withhold information from Congress about the actual cost of the bill.

-- Prison Abuse Documents: A few weeks ago, the White House released a selected number of documents regarding the White House's involvement in laying the legal foundation for the interrogation methods that were used in Iraq. Please release the remaining documents.

Florida 2000

John Edwards is mentioning the Florida 2000 debacle in stump speeches according to CNN.com .

Good move? I'm think so, though its risky. The upside is motivating black and latino voters who might otherwise stay home at the polls. The downside is that Kerry/Edwards are opened up to charges of political pandering and dwelling on the past. But Republicans make that charge every day anyway. So I'm inclined to think this is smart campaigning.

Saturday, July 17, 2004

Rebel Yell?

I think the Conservative wing of American politics is on the verge of a severe identity crisis, very similar to what the Liberals went through about 15 years ago. At the moment, far from being a coherent whole, the Republican party is split into at least four different factions:
1) The Rockefellers: As I blogged before, this group is close to being an endangered species. They lost the original GOP civil war to Ronald Reagan and the more fundamentalist right in the 1980s. The Rockefellers are fiscally conservative, but socially moderate. Their numbers are steadily decreasing as they are the polar opposite of the current predominant GOP group, the Fundamentalists.
2) The Fundamentalists: This group is currently in control of the GOP leadership. It is very socially conservative, but unlike traditional Republicans it is far less concerned with fiscal moderation. The Fundamentalists sprang out of the populists in the south and west that used to vote predominantly Democratic. This group was economically akin to the Democrats in terms of spending, but far to its right on social issues. While the type of spending the Fundamentalists prefer is very different than that of the populists (being more focused on the rich and corporations), the character of the populism movement is still present in their support for giant farm subsidies and pork projects.
3) The Traditionalists: This group is economically and socially quite conservative. Personified by Senators John McCain and Chuck Hagel, it is the most recent group to display friction with the GOP leadership. Unlike the Rockefellers and Libertarians, it still has a reasonably strong following, and has gained the advantage recently by being seen as "straight-talkers." If a viable challenge does break out to the Fundamentalists, it will probably come from this group, with support from the remaining Rockefellers.
4) The Libertarians: Traditionally, this group has been the most isolated from GOP power circles, representing "extreme Rockefellers" in a sense. Many Libertarians are faced with an identity crisis at the moment, as the Democratic party (with its new found love-affair with fiscal discpline) is closer to their views on both social and economic policy. Unless the Republican party changes course soon, they could bolt en masse.

And if that wasn't enough, three of these four groups are internally divided on the merits of Neo-Conservatism vs. Isolationism (the Libertarians are pretty solidly isolationist, with the exception of a strong support of free trade)!

At the moment, the Republican party is still united behind President Bush (though we've seen chinks in that armor, McCain and the Rockefellers have started to find their voice again to protest certain Bush policies). If President Bush wins this election, the Fundamentalists will have enough of a mandate to maintain control of the Republican party. If he loses though, then a vicious internal party spate could develop.

The New York Times had an interesting article on the growing fissures within the Conservative movement.

Friday, July 16, 2004

What is Non-Partisanship?

Some Republican groups seem to have a trouble figuring out that one can be an honest conservative without engaging in vicious partisanship. From GOP USA (on the merits of various pro-Bush KETCHUP brands of all things!):
Attempting to address the specific charge by Bush Country Ketchup that it did not support Bush or Republicans, Oliver offered the paradoxical answer that he wanted W Ketchup to "be Republican but not partisan, having a positive message all Americans could agree on."

Paradoxical? It makes perfect sense to me, especially considering how many baseline conservative principles (Federalism, Small Government, Fiscal Discpline, etc) the Bush administration has ignored or demolished.

Now, you may think its a bit silly to be drawing conclusions about GOP mentalities from a debate on ketchup. But I ask you, which party is making Ketchup a valid point of partisan contention? Who's silly now?
 

Wednesday, July 14, 2004

FMA Fails in Senate

The US Senate just voted 48-50 on a procedural motion to bring the Federal Marriage Amendment to a vote. Though virtually all Republicans and Democrats agreed the bill had no chance of achieving the super-majority needed for passage, the symbolic denial of a majority to those who wish to encode discrimination into our constitution is significant.

Though I support gay marriage in general and thus would oppose any law or statute designed to bar it, the FMA should be abhorrent even to conservatives. At the very least, the amendment should restrict itself to federal definition and federal courts, leaving the ultimate decision on what marriage is to the individual states. That would be consistent with Conservative notions of federalism and states rights, as well as allowing the people to decide how their community wants to view this sacred contract. But the FMA, by imposing its dogma on both the federal government AND the states, violates these tenets and showcases the hypocrisy of the modern Republican party.

Republicans who voted against the cloture motion:
John McCain (AZ), Ben Nighthorse Campbell (CO), John Sunnunu (NH), Susan Collins (ME), Olympia Snowe (ME), and Lincoln Chaffee (RI). Independent Jim Jeffords (VT) also voted against the motion.
Democrats who voted for the cloture motion:
Ben Nelson (NE), Zell Miller (GA), Robert Byrd (WV)

Tuesday, July 13, 2004

PA hit with $116 Million Dollar Judgment

The US District Court for the state of Rhode Island just came down with a ruling in Estate of Ungar ex rel. Strachman v. Palestinean Authority. Finding the PA and PLO default, they ordered a $116 million dollar judgment to the estate and heirs of Mr. Ungar, an American citizen who was killed in a suicide bombing in Israel. A nice counterpoint to the ICJ ruling, I think.

Relevant Case Code is Title 18 USC Part I Chapter 113b Sec. 2333(a):
Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney's fees.


The full opinion can be found here, though its virtually all about jurisdiction.

Division of Labor

Its amazing, and somewhat frustrating, that all the best arguments on the European/American division of labor have come AFTER I graduated. Anyway, from The New Republic, 7/13/04, Economist writer Robert Lane Greene writes:
...Britain intervened recently in Sierra Leone, and France sent troops to the Ivory Coast. Both were missions in former colonies with little strategic importance, but in which ugly humanitarian crises called out for intervention. With U.S. forces stretched thin in the rest of the world--and a domestic population leery of using the army for "social work"--these are not the type of interventions America would be inclined to take on.
A division of labor makes sense for both America and Europe. America will certainly continue to do the heavy war-fighting. After all, it's inconceivable that Europe would have to fight against a serious military power without any American help, a fact that Chirac does not seem to appreciate. Meanwhile, Europe can lead in small regional crises in the Balkans and in their ex-colonies (which, after all, take up most of the world). Europe can also do most of the "softer"--but far from easy--tasks like peacekeeping. Even Europe's smaller countries can make themselves helpful by developing divisions with special skills, such as Norway's mine-clearing and mountain experts, or the Czech Republic's mobile biological and chemical weapons detection units. With Europe and America both needing each other and both able to help, no one has to feel taken advantage of, or ignored.

Happy hunting everyone!

Monday, July 12, 2004

ICJ Ruling on the Israeli Fence

After much searching, I finally found the ICJ ruling on the Israeli fence. The National Review gives a brief synopsis about why the ruling is simply absurd. However, this quote particularly struck me:
The Court considers that the military exigencies contemplated by these texts [the 4th Geneva Convention and the 1907 Hague Regulations] may be invoked in occupied territories even after the general close of the military operations that led to their occupation. However, on the material before it, the Court is not convinced that the destructions carried out contrary to the prohibition in Article 53 of the Fourth Geneva Convention were rendered absolutely necessary by military operations.

What exactly would convince them of the "absolute necessity" of Israel's military situation? Maybe a couple 100 more suicide bombings will have them come to their senses.
(A link to the whole opinion can be found here
A side note: Am I the only one amused to hear that the opinion in the case was written by a Chinese Justice? Because its not like the Chinese have ever experimented with putting up a big wall to keep out invaders and barbarians.

Tom DeLay is Corrupt...Nobody Surprised

Breaking News! The Washington Post reports that Tom DeLay is corrupt! Tommorow: Bill Clinton Revealed to Be Attracted to Women!

Sunday, July 11, 2004

GOP Moderates

The American Prospect's latest article on the centrist wing of the Republican party has given me the opportunity to reflect on the state of GOP moderates.

The steady decline in so-called Rockefeller Republicans, dedicated to fiscal discipline but openminded on social issues has been one of the defining characteristics of recent political history. The Republican base has shifted away from upscale, northeastern suburbia and into the deep south and west, a region whose bread and butter is social issues, not economic ones. What economic desires they do have tend to come in the form of pork barrel spending and military bases, all which the GOP has adopted whole-heartedly at the expense of budgetary restraint. Virtually all of the GOPs moderates come from Northeastern states that are considered Democratic locks for the presidency (Sens. Snowe and Collins from Maine, Chaffee from Rhode Island, Rep. Shays from Connecticut, Gov. Pataki from New York). I won't go so far to say this is BAD for the Republican party; I mean, the fact remains that the majority of their voters are red-meat conservatives now rather than the Rockefeller tribe, and that should determine where the party goes. At the same time, one has to wonder how long the beleaguered moderates can last in a party beholden to its fundamentalists.

My home congressional district, which is overwhelmingly Democrat, was represented for 16 years by Connie Morella, probably the most liberal republican in the house, until she was ousted by Chris Van Hollen in 2002. I knew she was in trouble when the primary argument given by her supporters in favor of keeping her ran along of the lines of "Who do you think will have more influence: A first term backbencher in the minority party, or a 8 term veteran?" The sad thing was, I think that it was honestly a push, because I knew that the GOP leadership in the house couldn't care less about its moderate wing. To Tom Delay, there isn't a difference between Morella and Van Hollen, despite the nominal party affiliations.

The GOP is teetering on the edge of disaster. If it loses this election, there will be a bitter civil war between the party leadership and the "new moderates" (such as John McCain of Arizona and Chuck Hagel of Nebraska) dissatisfied with the fundamentalist social and reckless economic policies that have come to represent the Republican party (tellingly, none of these "new moderates" would be considered anything close to moderate under the old standard). My dream scenario is that disaffected Republicans and Blue-Dog Democrats all follow Jim Jeffords footsteps and bolt to create a new party in the center. Can anyone imagine the havoc a McCain/Lieberman ticket would have on this election?

Saturday, July 10, 2004

Values Debate

UPDATE: 7/11 @ 3:40 PM
The Washington Post reported today that the values rhetoric is heating up on the presidential campaign trail. Of course, after reading the article it became quite clear that "values" has been mysteriously transformed into "partisan nitpicking of every errant quote or association ever made by the opposing party." But moving beyond the Post's faulty coverage, am I the only one who thinks that if Kerry wins the values debate, the election will be a snap? Kerry's main flaw (aside from being percieved as a distant and aristocratic) is that he is seen as a Massachusetts hyper-liberal. However, the liberal economic message has proven popular in the past, especially in the "conservative" south. Democratic strategists have long been confounded that poor southerners constantly are willing to outweigh their own economic interests in favor of making a statement on the culture war. But if Kerry can convince a chunk of southern voters that his "values" aren't out in left field somewhere (and he's been trying with his "life begins at conception" schtick), that will let his economic message shine through and put the Bush campaign in some serious trouble. Its an uphill fight though.
NEW:
The Washington Post wrote another article on Kerry's new values push. And like the old one, it focuses on the more extreme part of Kerry's allegations (Bush is a liar) rather than the values-debate that Kerry actually has a chance of winning (that is, Edwards' brilliant critique of Bush's policies helping wealth and harming work). Hooray for objective, non-partisan analysis!

Thursday, July 08, 2004

The Politics of Osama-hunting

Anyone who observes the Bush administration has noticed the subordination of policy to politics. I've always been of the persuasion that the incessant politicking of both political parties is disgusting and harmful to the overall good of the nation. But even the most avid partisanship should be outraged by this.

Disgusting.

Wednesday, July 07, 2004

More on Hegemony

Some more arguments on hegemony I've recently stumbled upon:

Aggressive US "imperialist" interventions designed to remake other countries in the US's image have bad results.
John Judis, Visiting Fellow at the Carnegie Endowment for Int'l Peace writes in the July/August 2004 edition of Foreign Policy:
"Neoconservative intellectuals candidly acknowledge that the United States was on an imperial mission, but insist, in the words of neoconservative Stanley Kurtz, that imperialism is 'a midwife of democratic self-rule.' Yet, in the Philippines in 1900, South Vietnam in 1961, or Iraq today, imperialism has not given birth to democracy, but war, and war conducted with a savagery that has belied the U.S. commitment to Christian civilization or democracy. Abu Ghraib was not the first time U.S. troops used torture on prisoners; it was rampant in the Philippines a century ago. Although nothing is inevitable, the imperial mindset sees the people it seeks to civilize or democratize as inferior and lends itself to inhumane practices. The British used poison gas in Iraq well before the idea ever occurred to Saddam Hussein." (emphasis added)

Downfall of United States polarity will likely lead to "apolarity" which will devastate the world (think of the Stephen Rosen analysis I referenced in my first hegemony post which can be found in my archive here)
Niall Ferguson, Herzog Professor of History at NYU's Stern School of Business writes in the July/August 2004 edition of Foreign Policy:
"Unfortunately, the world's experience with power vacuums (eras of 'apolarity,'; if you will) is hardly encouraging. Anyone who dislikes U.S. hegemony should bear in mind that, rather than a multipolar world of competing great powers, a world with no hegemon at all may be the real alternative to U.S. primacy. Apolarity could turn out to mean an anarchic new Dark Age: an era of waning empires and religious fanaticism; of endemic plunder and pillage in the world's forgotten regions; of economic stagnation and civilization's retreat into a few fortified enclaves."
For debaters, the impacts that Ferguson draws are tremendous:
"The worst effects of the new Dark Age would be felt on the edges of the waning great powers. The wealthiest ports of the global economy--from New York to Rotterdam to Shanghai--would become the targets of plunderers and pirates. With ease, terrorists could disrupt the freedom of the seas, targeting oil tankers, aircraft carriers, and cruise liners, while Western nations frantically concentrated on making their airports secure. Meanwhile, limited nuclear wars could devastate numerous regions, beginning in the Korean peninsula and Kashmir, perhaps ending catastrophically in the Middle East. In Latin America, wretchedly poor citizens would seek solace in Evangelical Christianity imported by U.S. religious orders. In Africa, the great plagues of AIDS and malaria would continue their deadly work. The few remaining solvent airlines would simply suspend services to many cities in these continents; who would wish to leave their privately guarded safe havens to go there? "

One argument I loved running when I debated was that the US should encourage the rise of a second great power (preferably Europe) that would provide a "second solution" to global problems. For example, America could take on problems that needed a firm, military solution, and Europe could tackle problems that required a more subtle, diplomatic tact. Unfortunately, direct support for this argument was difficult to find. However, Parag Khanna of the Brookings Inst. wrote an interesting article in (of course) the July/August 2004 FP outlining the strength of Europe's unique approach (he amusingly terms it "metrosexual") to international problems. He writes:
"The United States conceives of power primarily in military terms, thus confusing presence with influence. By contrast, Europeans understand power as overall leverage. As a result, the EU is the world's largest bilateral aid donor, providing more than twice as much aid to poor countries as the United States, and it is also the largest importer of agricultural goods from the developing world, enhancing its influence in key regions of instability. Through massive deployments of 'soft power' (such as economic clout and cultural appeal) Europe has made hard power less necessary. After expanding to 25 members, the EU accounts for nearly half of the world's outward foreign direct investment and exerts greater leverage than the United States over pivotal countries such as Brazil and Russia. As more oil-producing nations consider trading in euros, Europe will gain greater influence in the international marketplace. Even rogue states swoon over Europe's allure..."
"From environmental sustainability and international law to economic development and social welfare, European views are more congenial to international tastes and more easily exported than their U.S. variants. Even the Bush administration's new strategy toward the 'Greater Middle East' is based on the Helsinki model, which was Europe's way of integrating human rights standards into collective security institutions. Furthermore, regional organizations such as the Association of Southeast Asian Nations, Mercosur, and the African Union are redesigning their institutions to look more like the EU. Europe's flashy new symbol of power, the Airbus 380, will soon strut on runways all over Asia. And the euro is accepted even where they don't take American Express."

US (or anyone else's) intervention in foreign conflicts tends to prolong the conflicts and make peace less likely.
Edward Luttwak, Senior Fellow at the Center for International and Strategic Studies, writes in the July/August 1999 issue of Foreign Affairs (ooh, a change up!)
"[A] cease-fire tends to arrest war-induced exhaustion and lets belligerents
reconstitute and rearm their forces. It intensifies and prolongs the struggle
once the cease-fire ends-and it does usually end. This was true of the
Arab-Israeli war of 1948-49, which might have come to closure in a matter
of weeks if two cease-fires ordained by the Security Council had not let
the combatants recuperate. It has recently been true in the Balkans. Imposed
cease-fires frequently interrupted the fighting between Serbs and Croats
in Krajina, between the forces of the rump Yugoslav federation and the
Croat army, and between the Serbs, Croats, and Muslims in Bosnia. Each
time, the opponents used the pause to recruit, train, and equip additional
forces for further combat, prolonging the war and widening the scope of
its killing and destruction. Imposed armistices, meanwhile-again, unless
followed by negotiated peace accords-artificially freeze conflict and perpetuate
a state of war indefinitely by shielding the weaker side from the consequences
of refusing to make concessions for peace.
" (emphasis added)
This is an article I think everyone should read. It isn't long, its superbly warranted, and it really makes you think.

Bruce Bartlett on Clinton Economics

Bipartisanship is such a rare thing these days, its nice to see an ideologue cross to the other side for once, at least temporarily. Conservative economist Bruce Bartlett of the National Center for Policy Analysis had this to say on Clinton's economic policy, including the rare admission that (gasp) it was alot wiser and more effective than President Bush's death by tax-cut.

There is a God.

Tuesday, July 06, 2004

John Edwards is Kerry's VP Pick

UPDATED: 7/7 @ 2:50 PM
So its John Edwards after all. I for one like the pick, considering my #1 choice (Bill Richardson) took himself out of the running. I think Edwards helps much more in a VP role than as the presidential candidate. My thoughts on the impacts:

1) Bush has to actually work to win the south. I think he'll still win it, but Joe Trippi says (and I agree) Kerry's chances are now drastically improved in Arkansas, Louisiana, and Ohio (who's southern portion votes like the south).

2) Bush's hard campaigning in the south will exert a significant influence on the senate races there. Tight races are present in NC, SC, LA, GA, and FL among others. Those are considered tough holds for the democrats (who are stuck defending open seats in all of them). Whether or not Bush helps or hurts his GOP allies depends alot on how his campaign is going.

3) Edwards will see alot of action not just in the south but in the Midwest and rustbelt, where his more folksy charm and background will go over better than the aristocratic Kerry. Kerry will spend most of his time in the Northeast and West coast, where his liberalism isn't a liability, and in areas where his military credentials shine through (such as the southwest).

4) Kerry's economic message will be a restatement of what Edwards ran in the primaries, that Bush's economic practices reward wealth over work and that the middle class faces a heavier tax burden than it did before the Bush administration took office.

All of these bode well for the Kerry campaign as the Bush administration continues to the flounder. And if Edwards can inject some life in the staid Kerry campaign, then his choice will be wise indeed.

SOME MORE ANALYSIS:
The Powerline Blog has responded to the selection of Edwards with skepticism that it will help Kerry at all. First, they quote Hugh Hewitt saying that the selection of Edwards demonstrates that they care more about political convienance than helping the country, alleging that Edwards doesn't have the heft to be president in the event a crisis strikes. I think that one, its a bit rich of the right to be alleging that the Democratic VP has inadequate FP experience to lead when their PRESIDENTIAL candidate had virtually no experience in that field until this year. No ones denying that the FP heft of the Kerry/Edwards ticket falls squarely on the Kerry side of the line. At the same time, it only falls on one side of the Bush/Cheney ticked too. And I think that Edwards has shown himself to have "good instincts" on the matter (which powerline alleges is all that matters anyway).

Then they state that Edwards popularity with independents is overstated, as there aren't many independents that vote in the Democratic Primary and independents who vote in the democratic primary aren't really all that independent! This would be a valid critique if it wasn't for the fact that the democratic primaries aren't the only election Sen. Edwards has ever ran in. North Carolina isn't exactly friendly terrain for democrats in 1998 or today, and winning an open seat there seems to require a strong appeal to independents, centrists, and Reagan Democrats. This all seems to suggest that Edwards' percieved strength in this area is more than the innane speculation of some liberal talking heads and actually grounded in the realities of Edwards strong stump speech, good instincts, and gift for connecting to voters and "regular people." Bush's "compassionate conservative" shill in 2000 shows how effective that strategy can be no matter how stridently the opposition tries to label you an extremist (even when they're right!).

Indeed, the more I think about it, the more similarities I see between Cheney and Kerry, and Bush and Edwards. Cheney/Kerry are both relatively unlikeable, with strong foreign policy experience and a reputation (deserved or not) of being stalwarts of the more extreme wings of their respective parties. Bush and Edwards, by contrast, focus on their appeal to "regular people" and charm far more than their resume. The only major difference is that while Bush is a weak orator and when he does speak, speaks in platitudes, Edwards is a gifted speaker who was lauded for the strong, specific campaign platform he issued in the Primaries. I almost wish Kerry would debate Cheney and Edwards would debate Bush.

Monday, July 05, 2004

Corner vs. Debate Link: Round 2

Again, you can see her original post here. Since she intertwined her responses into my postings, her lines will remain in all caps while mine will stay in normal format when I quote her posts.

First of all Meghan, thank you for your prompt response. You'll note I actually have 3 (counting this one) posts on Ayn Rand and Objectivism, I'm curious as to your thoughts on the first one. And I apologized for the Fountainhead/Atlas mistake on the Skouksen card, that was my mistake, not the author's. Moving on...

It is fitting that Rand starts her defense with a romanticized, but mythical view of history. THE LAST TIME I CHECKED, FIRES BEING LIT AND WHEELS BEING INVENTED WASN'T MYTHICAL AT ALL. I DO BELIEVE THOSE THINGS HAPPENED. WHILE IT'S IMPOSSIBLE TO ASCERTAIN THE EXACT ORIGINS OF THESE INVENTIONS, I FEEL CONFIDENT THAT RAND DID NOT PULL THE STORY ROARK PAINTS OUT OF YOU-KNOW-WHERE.

Give me a little credit here Meghan. The "myth" I am referring to is not that fire was created, it was the myth of the "Heroic Theory of Invention" that is explained and refuted in the Diamond card below.

AND YET, AREN'T WE LOOKING AT WATT'S PARTICULAR ENGINE? I THINK SO. AND WHILE IT MAY HAVE BEEN BASED OFF OF NEWCOMEN'S ENGINE, WATT'S ENGINE WAS DIFFERENT AND REQUIRED INDIVIDUAL, ORIGINAL THINKING. AND JUST BECAUSE NEWCOMEN HAPPENED TO COME UP WITH HIS OWN ENGINE FIRST DOES NOT MEAN, FOR ANY REASON, THAT WATT WOULD NOT HAVE BEEN ABLE TO INVENT WHAT NEWCOMEN, SAVERY, PAPIN, HUYGENS, AND OTHERS DID...

Are looking at Watt's particular steam engine? I'm highly doubtful, I would HOPE that we've managed to improve on it in the past century and a half, just as Watt improved off Newcomen (etc etc). And while PERHAPS Watt would have been able to build his own steam engine without Newcomen's influence, we have no way of knowing and the fact remains that Watt's invention DID directly flow from Newcomen's. Hence the point I was making is that invention still has a strong social aspect involving many people, not just the creator who takes eventual credit.

While Ms. Rand is undoubtedly correct that many societies have opposed and oppressed their inventors, this does not change the immense value and importance of society in facilitating inventions either. THIS SEEMS TO BE AN OXYMORON. Had society maintained itself as a collection of isolated tinkermen, we'd be lucky to invented much at all. THE PHRASE 'NECESSITY IS THE MOTHER OF INVENTION' SEEMS TO RING A BELL. DAVID ASSUMES HERE THAT A SOCIETY COMPRISED OF ISOLATED TINKERMEN IS A BAD THING. HE PROVIDES NO WARRANT AS TO WHY THAT'S TRUE, AND ASSUMES THAT HAVING A SMALL AMOUNT OF INVENTIONS IS ALSO A BAD THING.

I don't see the oxymoron at all. Some society's oppress. Some society's don't. Sometimes SOME of society oppresses while others don't. There are innumerable permutations of the situation, Rand's one size fits all history doesn't fit the facts. Next, assuming that the creation is a good thing (which Rand does herself way at the top when she talks about how our creation of fire, weapons etc has allowed us to survive, then it follows from Rand's own analysis that more creation is better as it gives us more routes and options in the eternal quest to conquer nature. Accordingly, the warrant to my claim "isolated tinkerman bad" is from the Diamond card, which implicitly shows "isolated tinkerman fail, cooperative tinkerman succeed."
This makes for far better prose than it does for an argument. People "think" for each other all the time. BUT IT'S THE ACT OF THINKING THAT IS UNIQUELY THEIR OWN. WHILE THEY MAY "THINK" FOR ONE ANOTHER, THEY MUST TAKE THE INIATIVE TO DO SO. Any invention which is multi-disciplinary (IE, most) MOST - YET HE DOES NOT PROVIDE US WITH AN EXAMPLE will most likely require various experts contributing their knowledge on specific areas of study to the greater whole of the invention.

No one is alleging a hive mind here Meghan. I'm only pointing out the cooperative nature of invention which Rand suppresses in her fetishization of the individual. Multi-displinary inventions? How about Space ships (rocketry, metallurgy, physics, and computers at least)? Fiber optics (more physics, computers)? Smelting (chemistry, metallurgy)? Loveless' spider thingy :)? Carbon-dating (anthropology, archeology, chemistry, biology)? The list goes on. And of course, considering the nerdy reputation of many tinkerers, often times they need to enlist the aid of another to build the thing after its been designed!
LOOK AT BENJAMIN FRANKLIN, OR ANY RENAISSANCE MAN FOR THAT MATTER. THEY WERE TRAINED IN A VARIETY OF FIELDS AND UNDERSTOOD MANY DISCIPLINES. I AM CONFIDENT THAT THEY WERE CAPABLE OF INVENTING THINGS WHICH COULD BE TERMED 'MULTI-DISCIPLINARY.' AND REMEMBER, IT IS THESE RENAISSANCE MEN LIKE BEN FRANKLIN THAT WE CAN EASILY CALL TO MIND AS GREAT MEN.

Renaissance men are very rare, and are getting rarer as the depth and breadth of knowledge increases expoentially. Whereas renaissance men were the wave of the past, specialists are the wave of the future. People with tremendous expertise in one area, working together to do things that none could do alone. Watch "Lorenzo's Oil" for example, or look up how Watson and Crick discovered the structure of DNA (that's right, Watson AND Crick).
BUT WASN'T IT HE WHO ORGANIZED HIS COHORTS TOGETHER? WHO TOOK THE INITIATIVE TO ACTUALLY ACT UPON GETTING HIS INVENTION CREATED AND REALIZING THAT HE COULD NOT DO IT ALONE? HE MAY HAVE RELIED ON OTHERS BUT IT WAS NOT IN THE SENSE THAT RAND TALKS ABOUT NEGATIVELY. Indeed, Jim West says himself "Loveless kidnapped two chemists, that means there's gonna be explosives. He's got a metallurgist, so there's gonna be heavy armor. And he's got...the world's foremost specialist in hydraulics. Which means, whatever it is, it's gonna move." The work of many minds all going into the creation of one invention. ONE INVENTION WHICH WAS THOUGHT OF BY ONE MAN - REGARDLESS OF HOW IT CAME TO BE. DAVID WILL SAY THAT THIS NEGATES RAND'S PHILOSOPHY. HOWEVER, LOVELESS DID NOT RELY ON OTHER MEN. DAVID WILL SAY THAT RAND BELIEVES THAT NOTHING IS WORTH HAVING IF IT NEEDS TO BE ACHIEVED BY A RELIANCE ON OTHER MEN. AND YET LOVELESS'S END MOTIVE - GETTING THAT STRANGE SPIDER MAN OVERRODE ANY OTHER DESIRE OF HIS, AND HE BELIEVED IN HIS INVENTION SO MUCH SO THAT HE WAS WILLING TO EMPLOY THE HELP OF OTHER MEN.

Ok, you clearly haven't seen the movie (which is a shame, as its quite funny, I highly recommend it). 1) Loveless didn't "employ" or "organize" the scientists, he kidnapped them. Slight difference. Two, he was dependent on the scientists in every real sense: without them, he couldn't have built his spider! That's a dependency no matter how much bobbing and weaving you try and employ. Three, the end goal wasn't really the spider, it was the destruction of the United States and the resale of it back to Europe so he could make a fortune and retire. But I digress.
This is where Rand gives a nod to the impacts of others in the creative process. But far from being ancillary or tertiary to the process, the dialogue and exchange IS the process. BUT RAND BELIEVES IT'S THE END PRODUCT OF THINKING - SOMEONE ELSE'S THINKING - THAT ULTIMATELY IS THE ONLY THING THAT CAN BE SHARED AMONG HUMANS. BUT PEOPLE DON'T SPONTANEOUSLY SHARE THINGS. THEY MUST MAKE THE ORIGINAL, INDIVIDUAL EFFORT TO DO SO. So long as no man is the world's foremost expert on every subject, the need for social interaction and presumably the preservation of social models which ALLOW for such interaction is essential. YET MAN MUST POSSESS THE DESIRE TO GO OUT AND SHARE THINGS THAT HE KNOWS.

No one is disparaging the individual's role in all of this, Meghan. I'm an individualist too y'know. I just don't fetish them like Rand does. Individuals need to think to invent. Individuals also need to share their thoughts to invent. I don't understand why this is so hard to grasp.
Again, this is little more than clever wordplay. First of all, reasoning minds CAN (and often do) work under coercion. COERCION DOES OFTEN PRESSURE MINDS TO ACT IN MANY WAYS. BUT ULTIMATELY, IT'S ONE'S DECISION TO CHOOSE HOW TO ACT. THERE IS NOTHING IN THIS WORLD - BESIDES BEING DEAD - THAT DICTATES HOW ONE OUGHT TO LIVE. Many artists in the Middle Ages created masterpieces while under the knowledge that failure could result in death.

Well, casting aside the effect of mind-altering substances (Truth serums for example) in coercing people to act outside of their "free will," this is a remarkably, well, cynical view of what freedom means. I definitely prefer the Berlin definition (read my other post). I don't think coerced freedom is freedom at all. But let's take your argument at face value. You just claimed that no one is actually taking your freedom if you are coerced to act (by, say, threat) b/c its still ultimately your choice. Fine, that means ANYTHING in a Randian world is justified including slavery b/c technically I'm not taking away their freedom (they have the CHOICE to run away, even if it means they'll be shot). Meghan is going to respond that its not ok b/c its a dependency, but at the point where we agree that slavery is a "free" interaction (B/c the slaves can still make a break for it) it falls under the same category as the "free" contraction of labor that Meghan says is ok and DOESN'T count as "dependency" in an Objectivist world. She can't have it all ways. And as showed throughout all my posts, coercion and dependency come in many ways, some more direct than others (the environmentalism example I gave in other post, to name one). Rand creates an arbitrary line, but its just that, arbitrary, and falls apart under cursory examination.
Any artist who makes a commissioned piece has to subordinate their preference to the clients preference. WHICH IS WHY ROARK IN THE FOUNTAINHEAD NEVER ACCEPT COMMISSIONED PIECES. HIS CLIENTS SOUGHT HIM OUT AND THE CLIENTS THAT HE AGREED TO WORK FOR LET HIM WORK ON HIS OWN TERMS. WHEN IT DIDN'T HAPPEN - WELL, READ THE FOUNTAINHEAD TO FIND OUT HOW ROARK REACTED WHEN HIS TERMS WERE COMPRISED. An architect (as Roark found out) needs for his designs to meet certain criteria spelled out by the client. AS ROARK FOUND OUT? PLEASE READ THE FOUNTAINHEAD BEFORE SAYING THAT HE 'FOUND OUT' ANYTHING. I DO BELIEVE HE TAUGHT EVERYONE ELSE A LESSON - AND A DAMN GOOD OBJECTIVIST LESSON TOO. And for the vast majority of artists and inventors, without a client or patron, there is no creation at all. AND THE IMPACT OF YOUR ARGUMENT IS...?

In the real world, Roark would wither away and die for lack of money (read the Skousen article). Roark is living in a fantasy world that would collapse in approximately 20 minutes if it had to obey conventional economics (again, read the Skousen article).
This is what I was referring to when I talked about the paradoxical (SIDENOTE: ISN'T PARADOX DEFINED AS "TWO SEEMINGLY CONTRADICTORY IDEAS THAT ACTUALLY ARE TRUE"?) nature of Objectivism, preaching an opposition to enslavement while mandating a series of prescriptive behavioral norms. Who is Rand to tell me what my own mentality should be? SHE DOESN'T. SHE JUST EXPECTS YOU TO FOLLOW YOUR OWN, THUS KILLING TWO BIRDS WITH ONE STONE - 1) GETTING THE NOTION ACROSS THAT IT'S YOUR 'BEHAVIORAL NORMS' TO FOLLOW AND 2) YOU'RE STILL ACTING SELFISHLY IF YOU CHOOSE NOT TO BE AN OBJECTIVIST - THIS IS HOW SHE GETS PEOPLE TO UNDERSTAND HER PHILOSOPHY. While the slaves condition is evil because he didn't choose to be in that position, the altruist forms his life plan freely and in absence of coercion. At the point where Rand terms that lifeplan immoral, she is saying that man must not live in his own vision but in her own vision, a vision of selfishness. That's as oppressive a dogma as any I've heard. ACTUALLY, DAVID, RAND'S PHILOSOPHY IS THE ONLY ONE WHICH DOESN'T TELL YOU WHAT MORALS TO HAVE BESIDES ONE - VALUE YOURSELF ABOVE ALL ELSE. EVERY OTHER DOGMA IN EXISTENCE REQUIRES MUCH, MUCH, MUCH MORE OF YOU.

Paradox (par-eh-doks), n....3. A statement that is self-contradictory in fact and, hence, false. (from Webster's dictionary, the 2nd definition is yours which is also valid but not the only one).
Does Mill's dogma require more than that? I'm not sure...it certainly constrains my actions less than Rand's does. Rand is an oppression of the mind, while I might be able to do anything I want, I'm not allowed to think anything I want (for example, I have to think any action I take is for me, not for others. That's a restriction, and one I reject.). Yes, maybe one could justify any "altruistic" action just by saying "oh, its b/c I want to do it," but some of us don't think along those lines, and don't want to, and Rand doesn't give us that option. Hence, the restrictive dogma.
But yet even this can be inverted. We tend to value inventions based on some sort of teleological standard, that is, based on the value they have to our society. OR TO OURSELVES, MORE IMPORTANTLY. INVENTORS DON'T WORK BACKWARDS AND SAY: HOW DO I BENEFIT SOCIETY? THEY SAY: HOW CAN I BENEFIT MYSELF THROUGH THIS INVENTION AND PERHAPS AS AN ADDITIONAL BENEFIT GET SOME PEOPLE IN SOCIETY TO BE BETTER OFF? Rand herself implicitly acknowledges this by continually referencing the inventions that have had giant, positive impacts on our lives. THE LIVES OF THE INVENTORS. SHE DOESN'T MENTION SOCIETY MUCH AT ALL. AND WHEN SHE SAYS "POSSIBLE BENEFICIARY" SHE FIRST AND FOREMOST MEANS THE CREATOR HIMSELF.

Not always true ("necessity is the mother of invention," remember?). We built the A-bomb because the government decided it would be good for society (to win a war), and thus we went off and did it. Some inventions obey the reverse framework, some don't. Again, Rand's creating a false, one-size-fits-all history.
She talks about fire and weapons for hunting, but (correctly) ignores the stick figure I created when I was five. Why? Because the great inventions satisfy needs, they allow us to survive when we otherwise would perish, thrive when we otherwise would die. A society that has no need, has no need of inventions. And to the inventor that invents something that cannot be given to anyone, I say "who cares?" and society would tend to come down on my side, I think. AT LEAST THE MAN WHO INVENTED FIRE WAS WARM THAT FIRST NIGHT, CORRECT? HIS IDEA HAPPENED TO BE POPULAR AND CAUGHT ON - AND THOSE PEOPLE ACTING SELFISHLY DECIDED TO JUMP ON THE BANDWAGON AND START THEIR OWN FIRES AS WELL. THEY TOOK THE PERSONAL INIATIVE TO IMITATE THE ORIGINAL CREATOR BECAUES THEY LIKED WHAT THEY SAY (OR LIKED WHAT THEY FELT, IF WE'RE STILL ON THE FIRE/WARMTH ANALOGY).

This is entirely non-responsive. I was making a point about how Rand herself prioritizes inventions based on their societal worth, and doesn't seem to care about the stupid inventions (like my stick figures). Hence, the end point still stands, "A society that has no need, has no need of inventions."
This is a strawman argument if I've ever seen one. No man or women wishes for affliction on others so they can be the superhero, sweeping to the rescue. Instead, people operate in a little world Rand might like to visit termed reality. In reality, there is suffering, whether we like to admit it or not. Having come to terms with that truth, and recognizing that suffering is bad, we are under the obligation to ask, how should we deal with it? The answer varies depending on how you ask, (ISN'T IT: WHO YOU ASK?) but Rand misguidedly pre-empts the question by pretending that suffering only matters if we make it matter, and that by ignoring it ceases to be relevant. IN RECOGNIZING THAT SUFFERING EXIST, WE RECOGNIZE THAT THE ALLEVIATION OF SUFFERING - AS I'M SURE MOST PEOPLE WOULD AGREE IS THE MOST POPULAR COURSE OF ACTION REGARDING SUFFERING - ONLY COMES WHEN PEOPLE SUFFER. YOU CANNOT CURE SUFFERING UNLESS THERE IS SUFFERING TO BE CURED, WHICH CATCHES THOSE WHO WISH TO ALLEVIATE SUFFERING IN A VICIOUS CYCLE. A world with no suffering is better than one with it, even an altruist would admit. But in a world with suffering it is better to alleviate it than to ignore it. In such a world, the role of creators can't be ignored. But the role of those who distribute the creation, who give it life and meaning, can't be disparaged either.

The best attack you made on that paragraph was my grammar mistake (good catch!). Aside from that, this is blatantly ignoring the hierarchy I gave you in the last section (World with no suffering > world w/suffering and people aid > world w/suffering and people ignore it). Since this syllogism seems to elude you, allow me to rephrase it.
IF Suffering exists, THEN one should attempt to alleviate it. If the "IF" statement is false, then the "THEN" statement is irrelevant. But since the "IF" statement is true, the "THEN" statement becomes operative. That we might agree that it would be preferable that the "IF" statement is false has no bearing on the actual veracity of the statement. You are (or more correctly, Rand is) committing a basic "is/ought" fallacy.
There are at least three unwarranted assertions in that paragraph. First, that independence directly correlates with talent. RAND HERE IS TALKING ABOUT TALENT IN THE SENSE OF SELF-FULLFILMENT. THE MOST TALENTED INDIVIDUALS ARE THE ONE WHO SEIZE THE THINGS WHICH THEY ARE GOOD AT AND BECOME THE BEST AT THEM. Second that independence is the only gauge of human virtue and value. IF YOU BELIEVE ANYTHING ABOUT OBJECTIVISM (WHICH NO MATTER HOW MANY IMPLICATIONS OF DAVID'S YOU MIGHT AGREE WITH, YOU PROBABLY BELIEVE A LITTLE BIT ABOUT THE INHERENT SELFISHNESS OF MEN - SELFISHNESS IN A GOOD SENSE!) YOU'LL AGREE THAT WHILE IT MIGHT NOT BE THE ONLY GAGUE, IT'S THE ONLY POSSIBLE WAY TO ACHIEVE VIRTUE - WHAT'S THE POINT OF HAVING MORAL CODES IF WE DONT' CONSTRUCT THEM OURSELVES?

Ok, but talent can be defined in many ways by many people. Read some Derrida, or post-structuralist authors, words don't have static meaning like that, "talent" can also mean effectiveness at fulfilling a societal objective or external goal, for example. I don't know how many people believe that the inherent selfishness of man is a good thing (We haven't all bit from the poisoned apple yet!), but regardless, that's just a silly statement. While I happen to agree that moral codes should be majority self-constructed, both of us are in a distinctly minority position. Christianity and organized religion especially are examples of constructed moral codes meant to constrain action. Indeed, since the point of a moral code is to provide right/wrong guidelines for conduct (and presumably to stop us from doing "wrong" even if we'd want to), most people would ask the opposite question: "what's the point of having a guide to conduct if you create it for yourself?" Its silly for the same reason that letting, say, the movie industry police itself is silly, if they were going to act morally they wouldn't need to be policed at all, and if they aren't going to act morally then they'll just immorally create a conduct code that facilitates their immorality.
Third, that there is no standard of personal dignity except independence. NONE of these are supported by anything except Rand's meta-myth that one can create independent of a social context. I would instead assert a doctrine that is freer than Rand's intellectual enslavement: that one creates their own dignity, that that dignity can come in the form of self service or in the service of others, and that neither Rand nor anyone else can disparage the moral code that one freely comes to for him or herself. The only obligation one has to others is to allow them the freedom to come up with and live their own code, free from your interference. THIS SOUNDS COMPLETELY, COMPLETELY RANDIAN TO ME. COMPLETELY. John Stuart Mill > Ayn Rand any day of the week. While the altruist is a slave to others, the egoist is a slave to him or herself. What's needed is a moral code that doesn't enslave anyone to anything, and Objectivism isn't it.

Nope, its my man John Stuart Mill. The distinction comes in the form of less intellectual restrictions and a more comprehensive def. of liberty (The Harms Principle). Its not Randian because Rand would object to the "service of others," only allowing it in the context of serving oneself. Since Mill would allow both "service to others" and "service to self" (so long as in taking either action you don't violate the Harms Principle), his philo is freer than Rand's is.
This is flat out false. First of all, rulers do create something, namely, they create the reality of the state they rule. WHERE'S THE WARRANT FOR THIS? THEY CREATE WHAT THEY THINK OUGHT TO BE THE NORM FOR ALL STATES. Second, most rulers (or at least the tyrannical ones) aren't really dependent on their subjects at all. They usually have enough wealth and power that they can buy whatever they need through "free" contracts, though they might choose not to. BUT THEN WHY DO THEY WANT TO RULE? WHY DON'T THEY JUST BE WEALTHY AND POWERFUL AND LEAVE IT AT THAT? BECAUSE THEY HAVE TO FULFILL THEIR DESIRE TO RULE THROUGH THE SUBJUGATION OF INDIVIDUALS, THUS BECOMING DEPENDENT UPON THEM. They are not living for their subjects, they live for themselves and their subjects are valuable to that end OF THE SELF. This may violate Rand's tenant to not use men as means, but it doesn't make the tyrant less of an egoist. They just are egoists that Rand finds distasteful. NOT DISTASTEFUL - BUT ALTOGETHER IMPOSSIBLE. THEY ARE NOT EGOISTS ACCORDING TO THE RANDIAN DEFINITION.

They create state via passing laws, enforcing laws, etc.. I thought that was self-evident. They might want to rule b/c they know that, while they COULD be reasonably powerful and wealthy just sitting there, they can be even more wealthy and powerful by being oppressive and cruel. The Randian definition, as far as I can see it, is "an egoist is an egoist when its convenient for me to label it an egoist" b/c I can't see ANY other linking thread through her arguments. The tyrant is no more dependent on his subjects (and probably less so) than the inventor to his builders, or the creator to his cohorts.
THE APPEAL TO SELF-INTEREST COMES AT THE SELF-INTEREST OF THE RULER, AND IT'S THE INDIVIDUALS WHO DECIDE TO ACTUALLY GO AHEAD AND DO THINGS SUCH AS KILL, MURDER, ROB, AND RAPE THOSE OPPORESSED.

But it was in the self-interest of the German's to take that action. If I'm a German, I'm unquestionably better off now that I have the Jewish farmland next door, and the Jewish painting brightening my living room, and the Jewish life savings in my bank account. Self-interest is an inadequate check on rights violations.
I would point out that Rand is lying, again, but it just seems redundant at this point. Pop quiz: when would you prefer to live? In 1890, Industrial Revolution America, when the Gospel of Wealth and social darwinism lead to much the same conditions as Rand proposes? AS LONG AS I DIDN'T GROW UP WHEN PROHIBITION WAS AROUND THEN I'M A-OK WITH WHATEVER DECADE YOU SLAP ME WITH. Or today, where morality is deigned to include service to others, where we laud the patriots who gave their lives for our country, where corporations are expected to behave honestly and serve humanity and not just the bottom line? PROVE TO ME THAT WE LIVE IN THIS SOCIETY. BECAUSE I HONESTLY DON'T THINK WE DO.

Hmm, well then you're more stoic than I thought. But while we don't live in the ideal era YET, we're at least closer. We DO honor our soldiers today, and we do have outrage when we hear that Shell helping kill off natives in Indonesia, and we do get pissed off upon finding out that companies are dumping toxic chemicals in our water (ever seen "Erin Brockovich?"). We aren't there yet, but I think we're moving in the right direction. But if you'd rather live in an 1904 world than a 2004 world, be my guest.
SURE THE ROBBER BARON MAY HAVE BEEN DEPENDENT ON OTHERS. BUT I'M NOT CLAIMING HE WAS AN EGOIST AT ALL. NEITHER DOES RAND. ONLY INDIVIDUALS LIKE ROARK - WHO DON'T WORK FOR THE END OF ACCUMULATING MONEY (LIKE THE ROBBER BARONS) AND WHO WORK FOR NOTHING BUT THEIR OWN SELF-EDIFICATION AND ENJOYMENT - ARE ABLE TO BE CALLED EGOISTS.

The point of showing the dependency of the robber barons was to point out that everyone is dependent (see also the environmentalism example I gave in my other post). There is not a single totally independent person in the world, nor can there be one. Its just not possible.