Skip this, it's Sixties stuff

Now, you probably already knew Billy Graham was a liar when it suited his profoundly Christian purposes, but this was new to me:
On August 10, 1960, for example, Graham sent a letter to John F. Kennedy, the Democratic nominee for president and only the second Roman Catholic to run on a major-party ticket. Graham assured Kennedy in no uncertain terms that, contrary to rumors, the evangelist had no intention of raising the “religious issue” during the course of the campaign.

Eight days later, however, Graham convened a gathering of American Protestant ministers in Montreaux, Switzerland, to discuss how to derail Kennedy’s campaign. The follow-up to the Montreaux meeting was a closed-door gathering of 150 Protestant clergy at the Mayflower Hotel in Washington on November 7—the purpose of which, once again, was to sound the alarm about the dangers of a Roman Catholic in the White House.


That's Randall Balmer speaking, an Episcopal priest and author of God in the White House: A History: How Faith Shaped the Presidency from John F. Kennedy to George W. Bush

A slightly belated answer

Once upon a time I posted a question and said I'd provide the answer. Here it is, without the spelling error it had. The discerning reader will detect that this is not the set of answers to my constitutional quiz.

What was the first use of a printed form by a bureaucracy? When, what bureaucracy, what purpose?

In the British Library, where you may see it any time with no admission charge, there is a standard form, printed within a few years after the first Gutenberg Bible, for selling an indulgence.

Constitutional Answers

Here are the answers to the recent Constitutional Quiz. Those who would rather know the question before learning, for instance, "It's his sled", will prefer to skip ahead to the original posting before reading this.

I have mingled the answers into the published questions because I hate trying to flip back and forth.


1. By whose power was the Constitution established?
(a) King George III
(b) George Washington
(c) The states
(d) The people
(e) God
You are expected to provide backing for your answers from the Constitution, in this as in other questions.

ANS: (d)
Always start with an easy one! Just start reading the document, and you have your answer in the first three words.

“We the People of the United States … do ordain and establish this Constitution for the United States of America.” — Preamble

Does this mean that all the people who have told you that the Federal Constitution is a creation of the States were wrong, including Thomas Jefferson? Yes.


2. Where in the Constitution does each of the following phrases occur?
a. Balance of powers
b. Executive privilege
c. Separation of powers
d. Supreme law of the Land
e. Wall of separation between church and state

ANS:
a. Nowhere
b. Nowhere
c. Nowhere
d. Article 6
e. Nowhere


3. The supreme law of the land
3a.What constitutes the supreme law of the land, to which the judges in every state are bound? (Incomplete answers get very little partial credit.)

ANS: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby” — Article 6

3b. Can such law be overridden by the constitution or laws of any state?

ANS: No. “…the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." — Article 6 still


4. The Preamble consists of an explanation of why the Constitution was created, and by whose authority. What other provisions, if any, contain an explanation or justification for their existence?

ANS: A quiz needs at least two easy questions, and this is the other: The Second Amendment.
"A well regulated Militia, being necessary to the security of a free State,…"

If there is any other such item in the text, I'd very much like to know about it. Otherwise, see the Bonus Questions.


5. Three-fifths
5a. In the original intention of the Constitution there was a provision that counted three-fifths of the number of slaves, as contrasted with the whole number of all free citizens. What, specifically, did this provision have to do with?

ANS: Computing the number of representatives allowed to each state in the House of Representatives. (Also, now obsolete, determining taxes on States in proportion to population.) Article 1, section 2.

5b. Did that provision directly name “slaves”? Persons of some particular race?

ANS: No. It says “all other Persons” after naming those who are counted and those not to be counted at all.

5c. What was the purpose and effect of the three-fifths provision?
(a) To decrease the political power of slaves
(b) To increase the political power of slaves
(c) To decrease the political power of slave owners
(d) To increase the political power of slave owners
(e) Not really any of above, because there is a flaw in this question itself.

ANS: As you can guess, (e). The reason for (e): though two of the choices are simply absurd, the other two are comparative, and it depends what you compare to. To go down the list:
(a) and (b) are hopeless, because slaves could not vote; no one in their families could vote (hence it would be nonsense to argue about how women and children who couldn’t vote were still counted); they could never become voters; there was no one recognized by law or tradition to represent their interests politically. Three-fifths of nothing is nothing, which is not an increase or a decrease.
(c) Counting the slaves, who had no political power whatsoever, would produce an increase in the power of the slave-owning states relative to free states. Someone would get this power; that group, not being the slaves themselves, would be the people with political power within those states, who were the slave owners. Hence, the three-fifths rule would reduce that power.
(d) However, consider the political weight that a republic might assign to beings with no political rights — none of the rights, responsibilities, or privileges of a citizen of a free Republic; not even the rights that an alien visiting from any civilized country had either here or in his homeland, whether a subject of the King of England or of the Emperor of Japan. For such a being, whether a robot, a mule, or a slave, the correct weight in assigning representation would be none whatsoever. Relative to that, the three-fifths granted an increase in power to the slave owners.

Bonus question: Is 3/5 closer to 1 (the slave-owners’ preference) or 0 (the free states’ preference?


6. In the whole body of the Constitution before the abolition of slavery in the 13th Amendment, where is there mention of slaves or slavery, under those names or direct equivalents?

ANS: Nowhere. Examples of what it does name:
The three-fifths rule: "three fifths of all other Persons."
The slave trade: "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit …" Article 1, section 9
Slavery in free states: "Person held to Service or Labour in one State, under the Laws thereof, escaping into another" Article 4, section 2


7. Religion
7a. In the body of the Constitution as it was originally adopted, laying out its purpose and the laws and procedures of the nation, where is religion mentioned directly?

ANS: “[N]o religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” — Article 6

(Bonus question: Why did these precise 18th-century lawmakers say “ever” rather than simply banning it as it bans other things?)
No answer here, as it's a matter of interpretation. But obviously it's a matter of strong emphasis rare in the text of this sober legal document.

7b.Where is any practice that is specifically religious mentioned?

ANS: An Oath, which is a religious act, is mentioned in three places: Article 1, section 3; Article 2, section 1; Article 6.

7c.Where is a distinction between any religion and any other mentioned? If there is such a place, is any preference given to one over another?

ANS: No such comparison is made directly; but for each of the religious acts mentioned in (b), the Constitution directly offers a non-religious Affirmation as being equally valid.


8. Name as many things as you can that States cannot do.

ANS: A list, not guaranteed to be complete, just long:

According to Article 1 section 10, it can’t “enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.” More things that they can't do under that section:

Charge import or export duties beyond actual inspection costs without consent of Congress.

Charge ships a fee for using a port (“duty of Tonnage”). Keep troops or ships of war in time of peace. Enter into an agreement or compact with another State or a foreign power. Engage in war, except responding to actual invasion or imminent danger.

Other things:
Fail to honor the public acts, records, and judicial proceedings of any other State. — Article 4, section 1

Deny the privileges and immunities of a citizen to citizens of another state. Fail to hand over a person accused of crime in another state when that state demands it. [Now repealed: Fail to hand over an escaped slave] — Article 4, section 2

Merge with another State without consent of Congress. — Article 4, section 3

Deny its citizens a republican form of government. — Article 4, section 4

Abridge the privileges or immunities of citizens of the United States. Deprive any person of life, liberty, or property without due process of law. Deny to any person within its jurisdiction the equal protection of the law. — Amendment 14, clause 1. [Please note: privileges and immunities for citizens; due process and equal protection for persons.]

Claim representation in Congress based on a head count that includes people (initially, as a proportion of white males over 21) who are denied voting rights. — Amendment 14, clause 2

Grant any State office to any person who has violated an oath of office to the United States or any State, without approval of two thirds of each house of Congress. — Amendment 14, clause 3

Assume or pay any debt incurred in rebellion against the United States. — Amendment 14, clause 4.

Abridge the right to vote, on the basis of race, color, or previous condition of servitude. — Amendment 15, clause 1.

Appoint (rather than elect) a Senator, except on an interim basis. — Amendment 17.

Deny or abridge the right to vote on basis of sex. — Amendment 19.

Deny the right to vote for Federal offices because of failure to pay a poll tax or the like. — Amendment 24

Deny voting rights by reason of age to any person of 18 years or older. — Amendment 26

That’s my list. Please supply any (clear, explicit) prohibitions I’ve missed.


BONUS QUESTIONS: Here we read the plain words of the Constitution and apply them to matters of fact.

Bonus 1.
Bonus 1a. Is torture illegal in the United States of America? (Here and now, not hypothetically or by debatable reasoning in some court)

ANS: Yes. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was ratified by the United States on 21 Oct 1994. Under Article 6 of the United States Constitution it is, therefore, part of the Supreme Law of the Land; and every judge in every State is legally required to respect it.

Bonus 1b. If there are any conditions in which it is actually illegal, what are they; alternatively, what are the specific exemptions from that law?

ANS: As that law bans all forms of torture by anyone subject to our jurisdiction at any time (after October 1994) in any place, it’s easier to list the exceptions than all the cases. Here is the list of national security emergencies and other extremities in which this existing United States law allows an exemption: “No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.” — Part I, Article 2.


Factual corrections will be welcomed. Interpretative arguments will be considered. Also, of course, any proposed additions to the list.

A Constitutional Quiz

The other day, a posting at Mahablog suggested that people should propose questions for a quiz on what the US Constitution actually says. Having got carried away with writing up some of my favorite questions and got fed up with trying to get anything formatted at all in a comment, I've decided to re-post here.

With some revisions, of course. Still too verbose and preachy, but I may manage to improve it with time.


1. By whose power was the Constitution established?
(a) King George III
(b) George Washington
(c) The states
(d) The people
(e) God
You are expected to provide backing for your answers from the Constitution, in this as in other questions.

2. Where in the Constitution does each of the following phrases occur?
a. Balance of powers
b. Executive privilege
c. Separation of powers
d. Supreme law of the Land
e. Wall of separation between church and state

3. The supreme law of the land
3a.What constitutes the supreme law of the land, to which the judges in every state are bound? (Incomplete answers get very little partial credit.)

3b. Can such law be overridden by the constitution or laws of any state?

4. The Preamble consists of an explanation of why the Constitution was created, and by whose authority. What other provisions, if any, contain an explanation or justification for their existence?

5. Three-fifths
5a. In the original intention of the Constitution there was a provision that counted three-fifths of the number of slaves, as compared with the whole number of all free citizens. What, specifically, did this provision have to do with?

5b. Did that provision directly name “slaves”? Persons of some particular race?

5c. What was the purpose and effect of the three-fifths provision?
(a) To decrease the political power of slaves
(b) To increase the political power of slaves
(c) To decrease the political power of slave owners
(d) To increase the political power of slave owners
(e) Not really any of above, because there is a flaw in this question itself.

6. In the whole body of the Constitution before the abolition of slavery in the 13th Amendment, where is there mention of slaves or slavery, under those names or direct equivalents?

7. Religion
7a. In the body of the Constitution as it was originally adopted, laying out its purpose and the laws and procedures of the nation, where is religion mentioned directly?

7b.Where is any practice that is specifically religious mentioned?

7c.Where is a distinction between any religion and any other mentioned? If there is such a place, is any preference given to one over another?

8. Name as many things as you can that States cannot do.


BONUS QUESTIONS: Here we read the plain words of the Constitution and apply them to matters of fact.

Bonus 1.
Bonus 1a. Is torture illegal in the United States of America? (Here and now, not hypothetically or by debatable reasoning in some court)

Bonus 1b. If there are any conditions in which it is actually illegal, what are they; alternatively, what are the specific exemptions from that law?

[More to come, perhaps]


Answers will appear in a future posting, intermingled with repetition of the questions because I hate flipping back and forth when reading such things.

Update: A few edits, inluding moving question 5 to be question 2. Oh, and introducing question 6. And providing the second half of the Bonus Question.

This thing is being reformatted

I'm taking a blind stab at using one of the new (not very) templates in case they make it possible to edit the setup by some less outlandishly stupid and antiquated technology than Blogger used to have. And in fact it already has an almost minimally decent appearance after about 15 minutes of futzing around.

Goody, and my thanks to Google for finally fixing things. (Whenever they did it during the two years or so in which I never looked at it.)

Soapy Sam redivivus

I really ought to post here occasionally, but I don't. Getting addicted to putting up comments elsewhere. I think I'll cross-post one I did today.

First off, know that William Wilberforce, a major hero of the anti-slavery movement, had a son named Samuel, known to contemporaries as Soapy Sam, who became Bishop of Oxford, based at Christ Church [not College], Oxford, where he ordained as a deacon a shy don named Charles Lutwidge Dodgson. But none of this compares in fame with the time when he went to a scientific meeting and asked one speaker, Thomas H. Huxley, whether he claimed descent from an ape on his grandmother's or his grandfather's side. (Which grandmother? Which grandfather? Why not mother and father? Don't ask me, I'm not a Victorian.)

The news, reported by Tristero at Hullabaloo, is that the eminent Mr. Huckabee has cleverly remarked "If you want to believe that you and your family came from apes, that's fine. I'll accept that. I just don't happen to think that I did." (Isn't he just your typical American yahoo? He just happens to believe things. Explains a lot.) So I was obliged to comment:

All I can say is, I'd rather claim descent from the meanest ape in the jungle than from a man with all the advantages of a 20th-century education and access to the best scientists, and holding a powerful political office and vying for the chance to direct the greatest nation on Earth, who brings the discussion of a scientific question down to the level of a piece of personal ridicule that was stale a hundred years ago.

I lied. It's not all I can say.

AND who claims to be an American, born in the country whose patriots bled 200 years ago to get rid of Kings and Dukes and stuff, who thinks it matters who your great-grandfather was instead of who YOU are and what you've done.

By the way, Mr. Huckabee, where was your great-great-great grandfather on the day the Revolution started? Resting on the reputation of theirhis great ancestors? Mine was *improving* on the achievements of his simian ancestors by fighting at Concord.


[Sorry for the patriotic snobbery, but there you are, you try to argue with a pig and preserve your personal daintiness.]

Bureaucratic trivia

Recently I durn near lost all the contents of my Palm thingie and wound up reviewing a lot of the restored notes, including some travel notes from a couple of years ago in London. Then just now I saw Orac's captioning contest and its comments. The association reminded me of a trivia question:

What was the first use of a printed form by a bureuacracy? When, what bureaucracy, what purpose?

Bonus: Isn't it ironic? Explain.

Answers the next time I get around to posting something. Also, another printing-trivia question.

Be all you can be

Now this is recruiting, from NASA, for astronaut positions:
The open positions require extensive travel on Earth and in space. Possible destinations may include, but are not limited to, Texas, Florida, California, Russia, Kazakhstan, the International Space Station and the moon.
h/t to Unspeak. Which btw is a blog worth following.

Update, 2007-09-22:
A few posts farther down there is a nice take-down of some 9/11 rantings by Martin Amis. This in itself might not warrant a visit, but the comments thread, in the 20s after the 9/11 conspiracy theorist has had his say, is rewarding, as it drifts into the truth about Nazi analogies. The participants are not afraid to ask just what Hitler did that was so bad, anyway; as with pretty much any question to which everyone knows the answer, serious consideration of it clarifies the mind. Read it, and you'll be able to flout Godwin's Law (as it is usually misconstrued) with authority.

This blog rated R

Well, I'll be gosh-darned, I didn't know I wrote such dirty stuff. Moreover, you'd think it would be rated C for Comatose.

But mingle2 knows best. According to their simple, free, automated and therefore infallible test, no one under 17 should see this stuff. Unlike so many purveyors of cute quizzes, they provide the reason:

This rating was determined based on the presence of the following words:

  • gun (7x)
  • torture (4x)
  • death (3x)
  • dead (2x)
  • sex (1x)
There you are, folks, discussing the Administration's policies is obscene and not fit for the kiddies. Knew that already, didn't you?