USD Should Establish a Gail Heriot Award

Peter Wood of the National Association of Scholars had sent a press release about a controversy concerning Professor Gail Heriot's testimony about transgender bathrooms.  I don't consider the issue to be a federal one, and I don't consider it to be particularly important. However, I do believe that a professor with an opinion should be allowed to testify before Congress without having her life threatened by authoritarian left wingers.   I wrote this email to the dean of the University of San Diego's law school and the university's president.  Peter Wood's email follows.

Dear Dean Ferruolo and President Harris:

I read about the recent abuse of Professor Gail Heriot.

Gail Heriot has performed a public service by testifying before the US House Taskforce on Executive Overreach.  In response, Representative Zoe Lofgren has attacked Professor Heriot, calling her a bigot. Several blogs have joined the attack, and activists who support Representative Lofgren’s views and tenor have sent Professor Heriot death threats.  As well, Dean Ferruolo has received demands that he fire Professor Heriot.

In a sense, this is a letter of congratulation. In hiring and supporting Professor Heriot, you are performing an important public service. Easy cases do not test academic freedom, and it is with respect to hard cases that public service like Heriot’s is signal.

We have seen this  intolerant tendency in and around universities  since the 1980s.  Representative Lundgren’s inability to disagree about a difficult moral and social question is inconsistent with the ability of a free society to function.  Her performance has been disgraceful.

It is time for universities  to encourage political speech that offends authoritarian sensibilities. I urge the University of San Diego to establish a Gail Heriot award to honor faculty who engage in difficult public debate.

Sincerely,

Mitchell Langbert, Ph.D.

PRESS RELEASE: New York, NY (May 27, 2016) Peter Wood, the president of the National Association of Scholars, has responded with the following statement to the controversy over Professor Heriot’s May 24, 2016 testimony to the U.S. Taskforce on Executive Overreach. On Tuesday Gail Heriot, a professor of law at the University of San Diego and a board member of the National Association of Scholars, gave testimony to the U.S. House Taskforce on Executive Overreach criticizing new guidance on restrooms and locker rooms for transgendered individuals. Professor Heriot testified that the Department of Education’s Office for Civil Rights (OCR) had overstepped its legal authority in issuing its May 13 “Dear Colleague” letter, which requires all schools to allow students to use the restroom and locker room of their choice, regardless of biological sex. In the questioning that followed Professor Heriot’s prepared statement, California Representative Zoe Lofgren attacked Professor Heriot’s testimony as “offensive.” Lofgren continued, "I think you’re a bigot, lady. I think you are an ignorant bigot."  Lofgren was particularly upset that Professor Heriot’s remarks would become part of the committee’s official record. The chairman of the Taskforce, Representative Steve King (Iowa), responded to Lofgren’s outburst by calling the meeting to order and asked Lofgren to refrain from “calling names.” Lofgren, however, persisted and announced she could “not allow that kind of bigotry to go unchallenged.” Several left-wing blogs quickly reported on the event. Brad Reed, writing at Raw Story, characterized Lofgren’s remarks as an “epic smack-down.” The reports set off a cascade of hate mail to Professor Heriot, including death threats and a writer urging her to commit suicide. Stephen C. Ferruolo, the dean of the law school at the University of San Diego, has also received demands that he fire Professor Heriot. The National Association of Scholars strongly supports Professor Heriot. Her invited testimony to the U.S. House Taskforce on Executive Overreach was well crafted and represents carefully considered views well within her professional expertise. In no way did Professor Heriot present “bigoted” statements on sexual identity. Rather, she gave a history of the OCR’s past disregard for legal limits to its authority and traced the history of the law regarding transgender individuals. She also noted that the concept of “transgender” did not enter the legal vocabulary until many years after the passage of Title IX, which OCR claims as the basis for its authority to issue its “Dear Colleague” letters. Lofgren’s outburst was outrageous. It violated the standards of civility of the U.S. House of Representatives. And it was especially inappropriate in view of the temperate character of Professor Heriot’s remarks. It is perhaps too much to hope that Representative Lofgren will apologize for her antics as they seem to have served her purpose in exciting her progressive base. Other observers will take note of her abuse of her authority. We expect the University of San Diego to disregard the calls to remove Professor Heriot from her position. The National Association of Scholars recognizes Professor Heriot’s outstanding work on behalf of civil rights in America and her determination to uphold the rule of law during a period in which the executive has frequently abused it.

Congressional Moron Thinks Guam Will Sink

 Adding to the federal government's self-destructive problems is congressional mental unfitness. Here we have a video of congressional moron Hank Johnson asserting that Guam will sink because of too much population. Johnson is one of the leading minds of the Democratic Party. (H/t Erich Deagostino.)

Rethinking the Congressional Honorific

Tradition dictates that in writing a letter to a Senator or Congressman we use the appellation "Honorable". About.com gives the standard method:

>"The Honorable (full name)
(Room #) (Name) House Office Building
United States House of Representatives
Washington, DC 20515

"Dear Representative:"

The reference to Congressmen as "honorable" has no legal standing. As HL Mencken wrote in his 1921 "American Language":

"...perhaps the greatest difference between English and American usage is presented by the Honorable. In the United States the title is applied loosely to all public officials of apparent respectability, from senators and ambassadors to the mayors of fifth-rate cities and the members of state legislatures, and with some show of official sanction to many of them, especially congressmen. But it is questionable whether this application has any actual legal standing...Congressmen themselves are not Honorables. True enough, the Congressional Record, in printing a set speech, calls it “Speech of Hon. John Jones” (without the the before the Hon.—a characteristic Americanism), but in reporting the ordinary remarks of a member it always calls him plain Mr. Nevertheless, a country congressman would be offended if his partisans, in announcing his appearance on the stump, did not prefix Hon. to his name. So would a state senator. So would a mayor or governor...."

The reference to a Congressman as honorable is evidence of faith in the character and integrity of the United States government. Election to the Congress of a great nation is honorable. But do we retain belief in the integrity of the United States government?

Congress has abused its trust by gerrymandering districts, reducing its legitimacy and representativeness. As well, it has failed to maintain proportional representation. In 1787 there was one Congressman for every 3,000 Americans. Today there is one Congressman for every 500,000 Americans. In 1776 the nation's 26 senators represented on average 115,000 Americans. Today, with over 300 million Americans, the 100 Senators represent three million each. The failure to retain proportionality of representation has been accompanied with escalation of corruption, especially in the post World War II period. The corruption associated with the Robber Barons of the late nineteenth century was miniscule in comparison with the magnitude of campaign contributions, donations to libraries, speakers' fees and the like today. Membership in Congress has become not an honor, but a form of legalized criminality.

Congress has manipulated the mass media to reflect its own and its clients' interests. It has permitted the subsidization of privileged sectors of the economy at the expense of productive sectors, damaging the nation's economic prospects. It has permitted but refused to take responsibility for wars, harming the nation's interests once it has approved the wars. Congress has failed to oversee the federal government's budget, insisting on renewing hundreds of failed government programs. It has lied to the public with respect to government operations, military operations, the operation of the Federal Reserve Bank, the productivity of government offices and virtually every endeavor in which it has engaged.

Congress has abused its trust by ignoring, violating and damning the Constitution of the United States. It has extended federal power in ways that warranted reassessment through Constitutional Amendment, but knowing that such amendment was impossible, violated its Constitutional mandate. It has effected one failed program after the next, and it puts the interests of the clients of those programs over the interests of the public.

Congress has become a racketeering scheme. Mencken's sarcasm was appropriate in his day. Today, in connection with this year's Congress, the title "honorable" has become offensive.

I call on all Americans to desist from using the appellation "Honorable" when referring to Congessmen.

Petition to Request RNC to Have Allen West Speak

Raquel Okyay is circulating the following petition:

We endorse the Request to have LTC Allen West Speak at Republican National Convention Petition to John McCain, Florida Governor Charlie Crist, McCain '08 Campaign Team and Republican Delegates.

Please consider signing it at http://www.petitiononline.com/mod_perl/signed.cgi?west22

West is running for Congress. According to his bio:

>LTC Allen West has lived his life in service to America. In 2004, when it was time to retire from more than twenty years of service in the US Army, he brought his wife and two young daughters to Broward County, Florida, where he taught high school. He then returned to Afghanistan as an advisor to the Afghan army, an assignment he finished in November 2007.

Born and raised in Atlanta, Allen West received BS (UT) and MS degrees in political science (KSU). He also holds a Master of Military Arts and Sciences from the US Army Command and General Staff Officer College in political theory and military history and operations.

"Education is the great equalizer," he says. "With a good education, any child in America can live his dream."

Allen West knows that for our children to live their dreams, they need to be safe. He has faced down the world's terrorists: in Operation Desert Storm, in Operation Iraqi Freedom, where he was battalion commander for the Army's 4th Infantry Division, and in Afghanistan, where he trains Afghan officers to take on the responsibility of securing their own country.

In his Army career, Col. West has been honored many times, including a Bronze Star, three Meritorious Service Medals, three Army Commendation Medals (one with Valor), and a Valorous Unit Award. He received his valor award as a Captain in Desert Shield/Storm, was the US Army ROTC Instructor of the Year in 1993, and was a Distinguished Honor Graduate III Corps at Fort Hood, Texas Air Assault School.

Excellence is a West family tradition. His wife, Angela, holds an MBA and PhD. and works as a financial planner. His daughter, Aubrey, is a sophomore at Archbishop McCarthy HS and his daughter, Austen, is a 6th grader at Parkway Christian School.

Bowen's Boondoggle

According to Sarah Garland of the New York Sun, in 2006, the New York City schoolteachers negotiated a contract that will expire in 2009. The contract gave the teachers a 7.1% annual raise over 2008-2009.

The Sun quotes the United Federation of Teachers' President Randi Weingarten:

"Pointing to a total increase in teacher salaries of more than 40% since 2002, Ms. Weingarten said, "Finally we are making real progress."

In contrast to 40% gains in teacher salaries, the Professional Staff Congress (PSC), the union that represents the faculty of the City University of New York, in the last contract that ran from 2004 to 2007 negotiated a 6% increase over three years.

On June 23, 2008 Barbara Bowen, the PSC president, released a letter describing a new contract that runs from 2007 to 2010. It includes the following increases:

****3.15%, effective September 20, 2007
****4.00%, effective October 6, 2008
****3.00%, effective October 20, 2009

In other words, the Barbara Bowen and the PSC negotiated increases at about half of what New York City's schoolteachers received. And this on top of increases less than half of what the schoolteachers received in the last contract as well. In comparison to the 40% from 2002-9, the PSC has won 16% from 2004-10, about 40% of what the teachers have won.

Despite this dismal performance President Bowen writes in her letter:

"The tentative contract is a principled, creative settlement that combines increases throughout the salary scale with special increases at the top and the bottom. It includes a breakthrough on parental and family care, introduces a system for sharing sick days with those in need, adds a hundred new Lecturer lines reserved for experienced part-time faculty, and holds the line against management's agenda of corporatizing the University. The tentative settlement also includes new equity features, such as a salary differential for College Laboratory Technicians and Assistants to HEO with relevant masters or doctoral degrees, and an extra increase in each step of the Lecturer title. The tentative agreement comes with the strong support of the PSC negotiating committee."

Just a few days before the deal's announcement, the indomitable Sharad Karkhanis in his Patriot Returns newsletter expressed dismay at the union leadership's performance; its inept management; and governmental officials' indifference to the union leadership. He exhorts Bowen:

The PSC's propaganda paper (Clarion) boasts of your trips to Albany and your meetings with the mighty and powerful. But it seems to us that all this is baloney. Neither the New York media nor government authorities consider you relevant or powerful. You can be safely ignored, laughed at, forgotten. We wouldn't care, except that also forgotten, as a consequence, are the people you represent. No wonder you cannot get a good contract for CUNY faculty. Your tactics have deemed you irrelevant to the real media and those in decision making positions in the state. You are a failure in the eyes of the membership. They will not return you to that office again next year, Barbara.

For how long will the CUNY faculty be willing to tolerate the PSC leadership's incompetence?

Hey Hey, Ho, Ho, Maurice Hinchey's Gotta Go!

It is time to defeat Congressman Maurice Hinchey. He has been riding high in a gerrymandered district that goes as far west as Ithaca and includes Ulster and Sullivan Counties. According to Heather Yakin in the Times Herald Record Congressman Hinchey yesterday called for a price control ("cap") on gasoline prices to be set at $2.59 a gallon. Those of us who remember the 1970s gas lines (see photo above) caused by government rationing know that Hinchey is out of his mind. As a Congressman, Hinchey himself likely would have a special deal on gasoline or just tell an aide wait in the two-hour lines. Those who need gasoline the most will not be able to get it, while the politically connected, like Congressman Hinchey, would enjoy an ample supply. Congressman Hinchey need not need be concerned if oil exploration firms do not seek new sources of oil and poor people cannot get gas because of the "cap", or if people who have access to the gasoline do not economize. Hinchey's proposal is selfish, vicious and anti-environmentalist since those who have access to the gas will squander it due to the artificially low price.

A glance at the map of the 22nd Congressional district delineates the extent to which Congressman Hinchey has benefited from unethical and anti-democratic gerrymandering by New York State's corrupt political establishment. The district includes eight counties (Broome, Delaware, Dutchess, Orange, Sullivan, Tioga, Tompkins and Ulster). Only Sullivan and Ulster are completely in Hinchey's district. The twenty-second district's absurd shape illustrates how Congressman Hinchey has enjoyed the fruits of New York State's political corruption. He has run unopposed for years.