ObamaCare Is Slowly Dying

from its birth defects.

A great analogy.

Congress has no authority to grant bureaucrats such discretion either way. It cannot simply hand over its powers to another branch of the government. That is the subject of a recent book by Columbia Law School professor Philip Hamburger, Is Administrative Law Unlawful? Hamburger’s thesis is that federal agencies are under the control of the executive branch and, by definition, have no power to create regulations that legally bind anyone. That is, of course, precisely what HHS attempted when it drew up its list of “must cover” contraceptives.

During oral arguments in Burwell v Hobby Lobby, Justice Kennedy was obviously interested in this issue and its implications for the separation of powers. Among his questions to the government lawyers was the following: “Now, what kind of constitutional structure do we have if the Congress can give an agency the power to grant or not grant a religious exemption based on what the agency determined?” According to Hamburger, it gives us a structure more like that which England’s James I presided over than anything envisioned by the framers.

The latter favored a very weak executive branch. In fact, according to Hamburger, they didn’t want it “bringing matters to the courts or … physically carrying out their binding acts.” This is why the Constitution is so specific about the separation of powers. The framers must have been spinning in their graves when the government lawyers were arguing Burwell v. Hobby Lobby and Halbig v. Burwell. But shady deals like the cornhusker kickback and violations of the separation of powers doctrine are but two of the birth defects with which Obamacare was born.

And, as he notes, the Origination problem will be potentially fatal as well.

Math

Why Americans suck at it:

American institutions charged with training teachers in new approaches to math have proved largely unable to do it. At most education schools, the professors with the research budgets and deanships have little interest in the science of teaching. Indeed, when Lampert attended Harvard’s Graduate School of Education in the 1970s, she could find only one listing in the entire course catalog that used the word “teaching” in its title. (Today only 19 out of 231 courses include it.) Methods courses, meanwhile, are usually taught by the lowest ranks of professors — chronically underpaid, overworked and, ultimately, ineffective.

Without the right training, most teachers do not understand math well enough to teach it the way Lampert does. “Remember,” Lampert says, “American teachers are only a subset of Americans.” As graduates of American schools, they are no more likely to display numeracy than the rest of us. “I’m just not a math person,” Lampert says her education students would say with an apologetic shrug.

Consequently, the most powerful influence on teachers is the one most beyond our control. The sociologist Dan Lortie calls the phenomenon the apprenticeship of observation. Teachers learn to teach primarily by recalling their memories of having been taught, an average of 13,000 hours of instruction over a typical childhood. The apprenticeship of observation exacerbates what the education scholar Suzanne Wilson calls education reform’s double bind. The very people who embody the problem — teachers — are also the ones charged with solving it.

…Left to their own devices, teachers are once again trying to incorporate new ideas into old scripts, often botching them in the process. One especially nonsensical result stems from the Common Core’s suggestion that students not just find answers but also “illustrate and explain the calculation by using equations, rectangular arrays, and/or area models.” The idea of utilizing arrays of dots makes sense in the hands of a skilled teacher, who can use them to help a student understand how multiplication actually works. For example, a teacher trying to explain multiplication might ask a student to first draw three rows of dots with two dots in each row and then imagine what the picture would look like with three or four or five dots in each row. Guiding the student through the exercise, the teacher could help her see that each march up the times table (3×2, 3×3, 3×4) just means adding another dot per row. But if a teacher doesn’t use the dots to illustrate bigger ideas, they become just another meaningless exercise. Instead of memorizing familiar steps, students now practice even stranger rituals, like drawing dots only to count them or breaking simple addition problems into complicated forms (62+26, for example, must become 60+2+20+6) without understanding why. This can make for even poorer math students. “In the hands of unprepared teachers,” Lampert says, “alternative algorithms are worse than just teaching them standard algorithms.”

No wonder parents and some mathematicians denigrate the reforms as “fuzzy math.” In the warped way untrained teachers interpret them, they are fuzzy.

It’s a long, but interesting, and depressing article.

I should note that I was one of the kids who suffered from the “New Math” in the sixties, but I had a great algebra teacher in junior high (I forget her name, but she was a black woman), and good ones in high school as well. We actually learned calculus and analytic geometry from Mr. Troyer.

[Update a while later]

The more I think about this, the more furious I get that we have these worthless schools of “education” that don’t even teach teachers to teach.

Falcon Recovery News

SpaceX has released a statement:

After landing, the vehicle tipped sideways as planned to its final water safing state in a nearly horizontal position. The water impact caused loss of hull integrity, but we received all the necessary data to achieve a successful landing on a future flight. Going forward, we are taking steps to minimize the build up of ice and spots on the camera housing in order to gather improved video on future launches.

At this point, we are highly confident of being able to land successfully on a floating launch pad or back at the launch site and refly the rocket with no required refurbishment. However, our next couple launches are for very high velocity geostationary satellite missions, which don’t allow enough residual propellant for landing. In the longer term, missions like that will fly on Falcon Heavy, but until then Falcon 9 will need to fly in expendable mode.

We will attempt our next water landing on flight 13 of Falcon 9, but with a low probability of success. Flights 14 and 15 will attempt to land on a solid surface with an improved probability of success.

Some questions. Did they recover the hardware, or did it sink? If they didn’t recover it, how can they inspect it post flight to have that level of confidence in a low-refurbishment reflight?

So they’ve basically give up on ocean recovery. I wonder what “solid surface” they’ll attempt to land on? On Twitter the other day, I suggested flying back to Walker Cay, the northernmost island of the Bahamas, if they can’t get FAA permission to come back to Florida. Or perhaps they could try to drop it on a barge down range.

You People Are Far Too Cynical

C’mon, folks! Didn’t you hear Michelle tell you that Barack was going to make you shed your cynicism?!! DIDN’T YOU UNDERSTAND WHAT SHE MEANT??11!!!

It was purely a coinkidinky that all of the people with whom Lois Lerner was communicating about those teabaggers at the time also had their hard drives fail. WHAT IS WRONG WITH YOU CONSPIRACY THEORISTS?!!11!Eleventy!!1

Biting Commentary about Infinity…and Beyond!