Category Archives: Political Commentary

More Forgotten Men

I hope that the Obama plans to resurrect the New Deal don’t include things like this:

As part of its legislation, the NRA had all kinds of detailed codes for individual industries, describing to the letter how firms must do their business. The Schechters fell under the “Code of Fair Competition for the Live Poultry Industry of the Metropolitan Area in and About the City of New York” (and you thought Atlas Shrugged was fiction….). Among the things the code prohibited was “straight killing” which meant that customers could buy a whole or half coop of chickens, but did not have the right to make any selection of particular birds (such individual selection was “straight killing”).

This last rule was in direct conflict with Kashrut laws, which also served as an informal health code in the Jewish community. As Shlaes points out, the phrase “glatt kosher” referred to the fact that the lungs of the animal were smooth (which is what “glatt” means) and therefore free of tuberculosis. Inspecting the lungs was part of the official process of conferring Kosher status on a butcher shop. Removing unhealthy animals from the stock was one of the core principles of keeping Kosher, and the rabbinical inspectors were fanatic about doing this. But so were customers. As Shlaes points out, individual customers, both retailers and their customers, had the right to refuse individual animals. This minimized the risk of an unhealthy animal getting through when both seller and buyer did such inspections. And it ensured that the kosher laws served as a health code, or perhaps something more like the Underwriters Laboratory or Good Housekeeping seal.

The Schechters, as you may have guessed, were targeted by the NRA enforcement crew. They were inspected repeatedly during the summer of 1934, which forced them to violate their own Kashrut practices, telling customers that they could not reject individual birds as keeping Kosher allowed. Not surprisingly, their deeply religious customer base began to dwindle. The constant inspection turned up a variety of violations, including allegations that they had, in fact, sold sick chickens (not surprising, if true, given that part of their own internal inspection process was negated by the NRA code itself!). They were also accused of “competing too hard” and keeping prices “too low.” Shlaes recounts a couple of hilarious exchanges between the government lawyers and the Schechters where the knowledge of the actor is much greater than the knowledge of the expert.

Eventually, the lower courts found them guilty of 60 different violations and they all served a little bit of jail time. But more important, the Schecters’ lawyer continued to appeal and the case made it all the way to the Supreme Court, where the Roosevelt Administration saw it as the perfect test case of the constitutionality of the NRA, and perhaps the whole New Deal. Coverage of the case, Shlaes shows, was highly tinged with the standard anti-Semitism of the time, especially because the Schechters were right out of Jewish central casting, being immigrants with their Eastern Eurpoean cadences and traditional Jewish dress. It was the Jewish rubes of Brooklyn against the high powered WASP lawyers of the northeast corridor.

Fortunately, they ultimately won, and if was in fact the first hit against the NRA by the SCOTUS (which eventually resulted in Roosevelt’s attempt to pack the court to get it to allow him to rule unopposed). But as the bloggist points out, it’s also a demonstration of the blindness of Jews to their own interests in continuing to support Democrats in general, and Roosevelt in particular. Marxists talk about the false consciousness of the proletariat, but this seems to be a much more clear-cut example.

They Didn’t Get The Memo

Iowahawk, as usual, has the scoop on the real cause of the attacks in Mumbai:

…Qasim said that Al Qaeda would work to make amends with victims of the Mumbai tragedy, including sending flowers and handwritten apology notes containing 1000 rupee ($12.65) PakMart gift cards to the surviving families of all 173 dead. Wounded victims are slated to receive a 50 rupee coupon good at participating Waziristan Fried Chicken restaurants.

“Ultimately, I know the ‘buck stops here,’ but I just want to remind everybody in the infidel world that the only gripe that we’ve really ever had with you is about George Bush,” said Qasim. “There’s just something instantly irritating about that guy, you know what I mean? It’s that smirk, the way he says ‘nuke-u-ler’ and all that ‘evildoers’ crap. There’s only so much you can take of him before you start flying planes into skyscrapers or bombing subways, or shooting Hindus, or beheading Thai school teachers, and what-have-you.”

“Believe me, now that Bush is out of the picture we’re just as upset about those senseless killings as everybody else, especially those of us who actually did the senseless killing,” he added. “All we ask is that the Indian judges not take it too hard on Ajmal. The poor kid feels bad enough already. It’s not his fault he didn’t find out about the infidel elections, you know how hard it is to get a decent Verizon cell in Mumbai. Now that we’re all on the same page again it would be a great time for all of us, believers and infidels alike, to put all the nonsense of the Bush years behind us and rekindle that beautiful peace and friendship thing we all had going on back in 2000.”

It’s too bad that Saddam didn’t survive the Bush regime. They might still be flying kites in Baghdad.

No More Hoi Polloi

The fearless leader of the Senate, Harry Reid won’t have to smell the tourists any more.

I think that a pair of nose plugs would have been cheaper. I hear you can get a good deal when you combine them with a ball gag.

[Evening update]

Ed Driscoll says that Harry is just channeling Mel Brooks’ version of Louis XVI:

Count de Monet: It is said that the people are revolting.
King Louis XVI: You said it! They stink on ice!

Plus, he has other links, and video.

“Whistling Past The Graveyard”

Like Thomas James, that’s exactly what I thought when I read the comments by (former astronaut, now ATK VP) Charlie Precourt in this piece by Brian Berger on the space transition team questions:

Executives at Alliant Techsystems (ATK), the Edina, Minn.-based prime contractor for the Ares 1 main stage, told Space News Nov. 25 they were not alarmed by the questions the transition team is asking about Ares and the Constellation program, which encompasses not only the shuttle replacement but also hardware NASA would need to land astronauts on the Moon. “They are doing due diligence,” said Charlie Precourt, ATK’s vice president of NASA space launch systems. “If you are the incoming steward of all federal agencies you are going to ask a spectrum of questions like this.”

Precourt said he was confident the transition team ultimately would reach the same conclusion as NASA, namely that Ares offers the best combination of cost, safety, reliability and performance, and that staying the course is the best way to minimize the gap between the shuttle and its replacement.

Of course he is. What else is he going to say?

But here’s what really drives me crazy about the reporting here. The headline on Berger’s story pretty accurately describes it, but when it was republished by Fox News, their copy editor picked up on the last phrase in that graf to rewrite it as “Obama May Cancel Shuttle Replacement.”

Sigh…

This kind of thinking is extremely misleading, and confuses, rather than enlightens policy discussion. It implies that we are going to continue along the path that we’ve followed for the past half century, and that NASA will develop and operate its own monolithic launch system for its own purposes, largely disconnected from the needs and aspirations of the rest of the space community and the public.

Beyond that, what does it even mean to “replace” the Shuttle, particularly with Ares 1/Orion? What is it that is being replaced, functionally?

The ability to deliver twenty tons to ISS? No.

The ability to return thousands of pounds from orbit? No.

The ability to launch seven (or more) crew to LEO, and perform research there for up to two weeks, and return the results? No.

The ability to provide a lifeboat for the ISS? Definitely no, since Shuttle doesn’t even have that capability (something that people urging the program extension seem to continually forget). Even if we continue the Shuttle program (with all the cost and risk) until that halcyon day that we have the “replacement,” we will continue to be reliant on the Russians for Soyuz, at least until something else can replace it, such as the SpaceX Dragon.

We have to break out of the mindset of referencing space policy to the “Shuttle.” A little over six years ago, when I was writing for Fox News myself, I wrote a piece on this theme, titled “A Shuttle By Any Other Name.” As I wrote then:

The original idea of SLI, started in the wake of the disastrous X-33 program, was that NASA would take the lead in developing technology for “next-generation” launch systems. This was code word for new reusable space transportation systems.

More importantly, hijacked by various factions at the Johnson Space Center in Houston, and the Marshall Spaceflight Center in Huntsville, it was really a plan to build a replacement for the current space shuttle, to be developed and operated by NASA, and thus preserve the current empires and fiefdoms that make the present space shuttle so costly and inefficient, and ensuring a continued costly monopoly of manned space by the agency for decades to come.

This agenda is revealed by the wording in popular accounts of the program’s purpose, in which the definite article is generally used to describe the desired outcome.

“The next-generation vehicle.”

“The ‘shuttle II'”

“The shuttle replacement.”

Note the implicit assumption — there will be a replacement for the current shuttle and it will be a replacement, not replacements (plural).

In the space community, the question is often asked, “What will the next shuttle look like?” Popular articles about space similarly speculate on the nature of the “next shuttle.” The question is often asked “can we get a shuttle to the moon?” (The answer is no).

Clearly, “shuttle” has become synonymous in the minds of many in the public with space vehicle.

In his great work, The Analects, the ancient Chinese philosopher Confucious wrote that if he was ever asked for wisdom by the government, the first thing he would tell them was that, before he could provide such advice, a rectification of names would be required.

“If names are not rectified, then language will not be in accord with truth. If language is not in accord with truth, then things cannot be accomplished.”

It would be well for the government in general, and NASA in particular, to heed this admonition.

As a humble beginning to such a rectification of names, I hereby propose that we purge the word “shuttle” from our national space vocabulary. As applied to space vehicles, it is a word from a different era. It was an era still in the Cold War, when few could imagine a space program without NASA in charge, when few could imagine free enterprise offering rides into space. It became a symbol of a national space program, one size fits all — a vehicle that could build space stations, resupply space stations, and indeed (as a fallback position, in case the funding didn’t come through for space stations in the future) be a space station itself.

Shuttle was dramatically overspecified. Its payload capacity was too large. Its ability to change direction on entry (called cross range), which made its wings much larger than otherwise needed, was dictated not by NASA’s requirements, but by the Department of Defense, whose blessing was necessary for program approval. It wasn’t just a truck, but a Winnebago, capable of acting as a space hotel and science lab as well as a delivery system. These, among other reasons, are why it is so expensive, and such a policy failure.

Yes, while shuttle is a magnificent technical achievement, it truly is a catastrophic policy failure — a failure made almost tangible, in half-billion-dollar increments each time it flies, a few times a year.

And the failure is not in its design — it is in its requirements, its very philosophy, the very notion that a single system can be all things to all people, or even all things to all parts of our space agency. Anything that replaces the shuttle, in terms of those requirements, will suffer from the same flaws and failures.

We don’t need a replacement for the shuttle.

We need a space transportation industry.

It should be like our air transportation industry, or our ground transportation industry, competitive and flexible, to meet the needs of individuals and large corporations, and it should be based on the principles of a market economy — not the wish list of government bureaucrats.

We don’t have a “national airplane.” We don’t have a “national truck,” or a “national bus.” We have a variety of vehicles, tailored to a variety of markets at variety of prices for different customers and desires.

Three decades ago, with hope in our hearts, fresh from our lunar success, we initiated the first space shuttle program. If we wish a vibrant future in space, one in which thousands of people will venture off the planet in pursuit of their dreams, we should hope, even more, that it’s also our last.

Note that this was written about three months before the loss of Columbia.

Let’s hope that this time, with the “change” afoot in Washington, we can (finally) make better policy decisions, free from the blinkered thinking of the past.

Lunar “Science”

Rob Coppinger describes some potential scientific research that could be performed on the moon. As I note in comments over there (assuming that he approves it) he seems to be under the misapprehension that a lunar base (particularly a lunar base that will be as insanely expensive to build and support as NASA’s planned architecture would render it) can be justified on the basis of science return. It cannot.

I think that the root of the problem lies in his statement:

Back in August (how time flies!) I began to set out Hyperbola’s architecture for exploration…

Despite the name “Vision for Space Exploration,” this really isn’t about exploration (as I’ve also noted before). Exploration is just a means to an end. Even more, it’s not about pure science, or knowledge for knowledge’ sake. If we can’t come up with some compelling reasons for developing space technology (and more affordable means than Constellation as currently planned), it’s simply not going to happen.

What If He Can’t Be President?

I’m pretty sure that I’ve never mentioned the birth certificate issue up until this point, even in the heat of the campaign.

I have to confess that I have no idea what to make of the fact that, despite all of the lawsuits (most of which were thrown out due to lack of standing, which in turn makes one wonder, if a US citizen has no standing to challenge whether or not a presidential candidate is eligible to be president, who does?), the Obama campaign could easily put this to rest by simply unsealing the birth certificate, which (coincidentally with his trip to Hawaii to see his dying grandmother) became explicitly unavailable to the public by order of the (Republican) governor’s office. Instead, it has spent thousands in legal fees fighting efforts to force it to present a valid original certificate of birth.

But let’s ignore that for now. Let’s be purely hypothetical. Suppose, just for the sake of discussion, it does turn out in fact that Senator Obama has been less than forthright about his past (something that would be hardly unprecedented) and turns out to not be constitutionally eligible for the office, due to (say) having been born in Kenya to ineligible parents. I think that, assuming that we actually follow the Constitution (sadly, a novel concept these days), and he thereby does not become the next president, there will be (among other things) massive race riots. But here’s the interesting question: who becomes the next president in his stead?

The Constitution is unclear. According to Article Two, it has rules of succession for presidents, but not for presidents-elect. There are three time periods of interest here. The first is if it comes to light after he has been sworn in to office. In that case, it is straightforward. Joe Biden becomes president (a scary thought, at least to me, and assuming that he hasn’t been replaced in the interim for some reason).

Suppose it happens after the Electoral College meets, and has already elected him? Though the Constitution doesn’t say so explicitly, I would suspect that the SCOTUS would rule that he was presumptive president, lacking only the oath of office, and that the post-inaugural rules would still apply, but this is not obvious, and there is no precedent of which I’m aware. Again, in this case, the Veep-Elect would become the President-Elect, and it would be President Biden in January.

But right now, which is why all the law suits are being filed in several states, things are up in the air. The idea is to influence the electors, who don’t actually elect the president until December 15th, two weeks from today. They are pledged to vote for Senators Obama and McCain, and they were chosen for their loyalty to those respective slates, but there is no legal or Constitutional requirement for them to do so. Thus, if a revelation about Senator Obama’s citizenship status were to become a significant issue, it would be up to them to deal with it. While they can, in theory, elect whomever they wish, if they were to knowingly elect someone ineligible, that would be a violation of their constitutional duty. I would assume that if they did so, they might be subject to prosecution by the Justice Department, though it is unclear on what basis. I’m not sure that you can prosecute someone for violating the Constitution per se, and I’m unaware of any applicable federal law, so it might be that the only recourse would be a lawsuit to get the electors’ votes overturned.

But if they were to choose to follow the Constitution, and elect someone else, who might it be? Some would no doubt argue that it would be best to follow the precedent of Article Two, and elect Senator Biden instead. But it could equally be argued that Senator Clinton might be the most appropriate pick, since she came so close to defeating Senator Obama in the primary. There are no other obvious consensus candidates. Of course, the fascinating thing is that there could be a split among the Democrat electors between Clinton and Biden. A two-way split wouldn’t be a problem, since there are over twice as many Obama electors as Clinton electors, but if there were some other candidate in the mix, it could allow the minority McCain electors to prevail. In turn, they could also decide to have a do-over of the primaries, and elect a (say) President Romney to deal with the economy. Heck, they could even put in Fred Thompson or Sarah Palin (though it’s hard to imagine a consensus forming around either). The most unlikely thing (at least with three potential candidates — two Democrat and one Republican) would be a tie vote that would throw it into the House. But hey, after this election, anything could happen. Particularly in light of all that would have had to have happened to get to that point.

[Update early afternoon]

I’m asked in comments to clarify my statement about two-way versus three-way race in the Electoral College. McCain got (I think) 173 electors. Obama got 365. If Obama supporters split between two candidates, the winner between them will get at least half plus one (183) which is still more votes than McCain has. The only way for McCain to sneak in would be for the Obama vote to be split three ways, which could result in Democrat winner only having 122 votes. A three-way race would have to be decisive for the Democrat (at least 174, or almost half) in order to outvote McCain (assuming that the consensus of the electors would be for McCain. Or someone, but it has to be one).

Hope that clears it up.

[Update a couple minutes later]

I see now that the interim issue (and Constitutional loophole) of the President-Elect was dealt with (sort of) by the Twentieth Amendment:

Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Second emphasis mine. I’m assuming that in this case, “qualify” would include “not having been found to be foreign born,” so Biden does become President-Elect in the event of a problem with the President-Elect.

Risk Reduction

A few days ago, John Mankins left a comment at NASAWatch on the need for R&T up front to reduce program costs and risks. He extends that comment in a brief essay at today’s issue of The Space Review.

There is always a balance between how little new technology to incorporate into a program to minimize development schedule budget and risk, and how much to incorporate to see significant cost reductions or performance improvement in operations. Because governments tend to be short sighted in budget allocations (this year’s budget is always the most important, and future ones are discounted almost to zero beyond a few years, when few current politicians, particularly in the White House, expect to be around to suffer the political consequences), the natural tendency of NASA is to skimp on things in development (including technology development) that can save costs in the long haul. The most notable example of this is the Shuttle, in which the original estimated development budget was halved, at the cost of outrageous operational costs (and reduced safety), which is why the program is finally, after almost three decades of operation, being ended. But other examples are the lack of significant improvement in EVA equipment (an expense always deferred during ISS, despite its potential for improved station designs and decreased ops costs), and of course, orbital propellant storage and transfer.

Of course, the real key to making good decisions (even assuming that the politics can be prevented from intruding) is to have a grand overall goal toward which the entire space policy apparatus should be aiming. This has been lacking since…well…forever.