Sunday, January 8, 2006

The Dover Decision IV: Misunderstanding the Issue

Our thoughts on Judge Jones' decision in the Dover ID trial continues. In this installment we continue our look at his reasoning on the question of whether or not ID is true science. In his opinion he makes this comment:

[W]hile ID arguments may be true, a proposition on which the Court takes no position, ID is not science. We find that ID fails on three different levels, any one of which is sufficient to preclude a determination that ID is science. They are: (1)ID violates the centuries-old ground rules of science by invoking and permitting supernatural causation; (2) the argument of irreducible complexity, central to ID, employs the same flawed and illogical contrived dualism that doomed creation science in the 1980's; and (3) ID's negative attacks on evolution have been refuted by the scientific community.

Each of the Judge's assertions is dubious.

1. Judge Jones suggests that modern science excludes non-natural causes. This is not quite accurate. It doesn't exclude them, or at least it has no business doing so, it simply seeks to explain as much as it possibly can by means of natural causes. The problem is that some scientists argue that because naturalism is methodologically useful that therefore it is metaphysically true. They glide from its usefulness as a heuristic platform to the conclusion that only naturalistic hypotheses can be admitted into science. They assume that because non-natural causes can only be inferred and not empirically discerned, that therefore they're irrelevant. When scientists draw such conclusions they have wandered beyond the bounds of science into the realm of metaphysics.

There's an irony here incidentally. The assumption that only natural causes should be considered by scientists is not itself a scientific proposition, it's a philosophical preference. Nevertheless, it's a philosophical preference to which the Judge is willing to give free reign in science class, to the exclusion of any other philosophical alternative.

2. His second assertion is strange. In a passage we'll cite below, Judge Jones separates Irreducible Complexity (IC) from ID. He asserts there that IC is testable, but that it is a distinct theory from ID and so its testability doesn't assist ID rise to the level of true science. Now here in this passage he asserts that IC is central to ID. Are we confused or is the Judge?

But that aside, what, exactly, is flawed and illogical about inferring design from irreducible complexity? The problem with IC, if it has one, is that it's difficult to demonstrate that a particular system actually is irreducibly complex. If, however, it could be shown beyond a reasonable doubt that a system is indeed irreducibly complex, should we nevertheless ignore the telic implications of that finding simply because it would suggest a non-natural provenience. Judge Jones demands that the answer be "yes." He says, in effect, that we should deny ourselves scientific knowledge because the process of acquiring that knowledge conflicts with the philosophical preference for naturalism. Only naturalistic explanations can be permitted into Judge Jones' science classroom even if they're known to be inadequate and no non-natural explanation may be admitted even if it's believed to be highly probable. In his attempt to banish philosophy from the classroom he actually allows one philosophical position to prevail over another.

3. Judge Jones is confusing a response to a challenge with a refutation of that challenge. Just because scientists suggest logically possible answers to some of the questions raised by IC doesn't mean their answers are correct, plausible, or even physically possible. Much less does it mean that they've refuted IC. Since Michael Behe wrote Darwin's Black Box and posed his challenges to the scientific community many people have tried to come up with answers to the questions he raised, but whether the answers are adequate is not a judgment Judge Jones is qualified to make. Nor can he simply rely on the testimony of those who have suggested those answers that they have sufficiently refuted Behe. The scientific community as a whole must make that determination and that takes time. As of now, the outcome is uncertain.

The Judge goes on to make several more questionable claims:

In science, explanations are restricted to those that can be inferred from the confirmable data - the results obtained through observations and experiments that can be substantiated by other scientists. Anything that can be observed or measured is amenable to scientific investigation. Explanations that cannot be based upon empirical evidence are not part of science."

If the judge thinks this is a refutation of ID, he's mistaken. No ID theorist would disagree with it. Design is itself an inference from confirmable data. It's an explanation based upon the empirical evidence of the natural world. It would be well, though, for physics teachers who explore with their advanced students cosmogeny, string theory, and the existence of other universes, to take note that they are running afoul of the Judge's guidelines for what they are permitted to teach.

We are in agreement with Plaintiffs' lead expert Dr. Miller, that from a practical perspective, attributing unsolved problems about nature to causes and forces that lie outside the natural world is a "science stopper." As Dr. Miller explained, once you attribute a cause to an untestable supernatural force, a proposition that cannot be disproven, there is no reason to continue seeking natural explanations as we have our answer.

Well, no, it's not a "science stopper." Would the Judge repeat this assertion to Newton, Boyle, Faraday, Galileo, or any of dozens of other scientific worthies who continued to seek the natural causes of phenomena even while convinced that their ultimate cause was God? Of course not. All these men believed that the causes they were seeking to discern were proximal causes. The ultimate cause may be intelligence, but that is no reason to stop searching for the means by which the designer accomplished what it did.

ID takes a natural phenomenon and, instead of accepting or seeking a natural explanation, argues that the explanation is supernatural.

This is incorrect. ID looks at natural phenomena such as genetic information, bio-machines, and complex biological processes and instead of accepting inadequate explanations, i.e. those which seek to explain these phenomena as just an incredible fluke of nature caused by blind, purposeless mechanisms, asks whether the ultimate explanation might not involve intention and purpose. Intelligence is not proffered as proximal causes for natural entities. Rather it's considered an ultimate explanation of phenomena for which there is no plausible naturalistic explanation.

Irreducible complexity is a negative argument against evolution, not proof of design, a point conceded by defense expert Professor Minnich.

This is philosophically naive and tendentious. Surely the Judge knows that neither science nor philosophy proves anything. To fault the concept of irreducible complexity because it falls short of being a proof is to hold it to a standard that nothing else in science must meet. Nor is the Judge's statement that "irreducible complexity is a negative argument against evolution" correct. Michael Behe, the chief advocate of IC, is himself an evolutionist. Irreducible complexity is an argument not against evolution but against naturalism. This point has been made so often by so many different people that it's astonishing that the Judge still hasn't grasped it. Nor are IC arguments merely negative arguments. Irreducible complexity, if it truly exists, is a powerful affirmative argument in support of the proposition that intelligence undergirds the fundamental architecture of life.

As irreducible complexity is only a negative argument against evolution, it is refutable and accordingly testable, unlike ID, by showing that there are intermediate structures with selectable functions that could have evolved into the allegedly irreducibly complex systems. Importantly, however, the fact that the negative argument of irreducible complexity is testable does not make testable the argument for ID. Professor Behe has applied the concept of irreducible complexity to only a few select systems: (1) the bacterial flagellum; (2) the blood-clotting cascade; and (3) the immune system. Contrary to Professor Behe's assertions with respect to these few biochemical systems among the myriad existing in nature, however, Dr. Miller presented evidence, based upon peer-reviewed studies, that they are not in fact irreducibly complex.

Not only does this paragraph contradict what the Judge said in the paragraph at the beginning of this post, it is simply ridiculous on its face. The argument appears to be that since IC only seeks to show that three systems are intelligently designed, and since ID argues that all of life is ultimately designed, therefore IC is not ID. If, however, only one of Behe's systems could be shown to be intelligently designed then that would confirm not only IC but also ID since it would entail that there is, in fact, an intelligent designer.

The Judge doesn't think that IC makes it's case, though, because Dr. Miller says that it doesn't:

First, with regard to the bacterial flagellum, Dr. Miller pointed to peer reviewed studies that identified a possible precursor to the bacterial flagellum, a subsystem that was fully functional, namely the Type-III Secretory System. Moreover, defense expert Professor Minnich admitted that there is serious scientific research on the question of whether the bacterial flagellum evolved into the Type-III Secretary System, the Type-III Secretory System into the bacterial flagellum, or whether they both evolved from a common ancestor. None of this research or thinking involves ID. In fact, Professor Minnich testified about his research as follows: "we're looking at the function of these systems and how they could have been derived one from the other. And it's a legitimate scientific inquiry."

The conclusion the Judge should draw from this is that there is serious scientific debate as to whether Behe is right. The jury is still out. Just because some people say that the flagellum might have evolved solely through unguided mechanisms and blind chance doesn't mean that they are correct. Once again, Judge Jones is content to consider a conjecture to be a refutation.

[Q]uestioned concerning his 1996 claim that science would never find an evolutionary explanation for the immune system. He was presented with fifty eight peer-reviewed publications, nine books, and several immunology textbook chapters about the evolution of the immune system; however, he simply insisted that this was still not sufficient evidence of evolution, and that it was not "good enough." We find that such evidence demonstrates that the ID argument is dependent upon setting a scientifically unreasonable burden of proof for the theory of evolution.

Behe said they're not good enough because he believed these articles and books failed to show that the immune system could have evolved through purely natural means. The quantity of speculation about something is not evidence of its facticity. There've been many books and articles written about the possibility of other universes. Does Judge Jones think that we should accept the existence of such universes based on the copious speculation about them? And why does he think that demanding plausible explanations is an "unreasonable burden of proof"?

As a further example, the test for ID proposed by both Professors Behe and Minnich is to grow the bacterial flagellum in the laboratory; however, no-one inside or outside of the IDM (Intelligent design Movement), including those who propose the test, has conducted it.

Wouldn't it be incumbent upon those who believe ID is false to conduct this test? If a flagellum were to appear in a laboratory environment that was only minimally affected by the intelligent input of the researcher, it would pretty much falsify ID, at least in the minds of most people. The reason no such test is conducted is because none of the opponents of ID really thinks that such a structure could ever be produced in the laboratory by chance and physical mechanisms alone in any reasonable amount of time.

In other words, not only do ID opponents believe they can't falsify ID, they tacitly acknowledge that their own theory is untestable. If a flagellum failed to arise in whatever amount of time was spent trying to have one appear the researcher could always plead that naturalistic evolution takes more time. But no matter how much time was granted, even billions of years, if the organelle still failed to materialize, the same plea for more time could be made. Put simply, naturalistic evolution is unfalsifiable and by Judge Jones' lights should be banned from science classes.

Accordingly, the one textbook to which the Dover ID Policy directs students contains outdated concepts and badly flawed science...

Judge Jones repeatedly trots out the Pandas textbook in order to discredit ID, but this is a straw man argument. It's easy to find bad science in books which endorse naturalistic evolution, too, but that's not a compelling reason to reject the theory. Any fair-minded person should base his judgment not upon the worst arguments that are offered on behalf of a proposition, but upon the best.

To conclude and reiterate, we express no opinion on the ultimate veracity of ID as a supernatural explanation. However, we commend to the attention of those who are inclined to superficially consider ID to be a true "scientific" alternative to evolution without a true understanding of the concept the foregoing detailed analysis. It is our view that a reasonable, objective observer would, after reviewing both the voluminous record in this case, and our narrative, reach the inescapable conclusion that ID is an interesting theological argument, but that it is not science.

Of course, as we've argued above, it is possible that it's neither science nor theology but rather that, just like its Darwinian alternative, it's philosophy of science. However, to make the claim that it's not science requires of the Judge that he separate IC from ID because, as he's noted, IC is testable. The attempt to affect this divorce is philosophically awkward, though, and at the very least calls for a more modest conclusion than the Judge's confident assertion that ID is not science. He may be right, but much of the reasoning that leads him to his conclusion is deeply flawed.

For previous posts in this series on the Dover trial see here, here, and here.

Saturday, January 7, 2006

Smearing Samuel Alito

The Democrats' strategy to sink the Samuel Alito nomination is unfolding, and it's pretty ugly, as you might have expected. The plan is, evidently, to smear him with guilt by association. Here's what Matt Drudge has discovered about one part of the battle plan to destroy a man's reputation:

Senate Democrats have put into place a plan that includes one last push to take down the nomination of Judge Samuel A. Alito as he heads into his confirmation hearing next week, the DRUDGE REPORT has learned.

Senate Democrats intend to zero in on Alito's alleged enthusiastic membership to an organization, they will charge, that was sexist and racist!

Democrats hope to tie Alito to Concerned Alumni of Princeton (CAP). Alito will testify that he joined CAP as a protest over Princeton policy that would not allow the ROTC on campus.

THE DRUDGE REPORT has obtained a Summer 1982 article from CAP's PROSPECT magazine titled "Smearing The Class Of 1957" that key Senate Democrats believe could thwart his nomination! In the article written by then PROSPECT editor Frederick Foote, Foote writes: "The facts show that, for whatever reasons, whites today are more intelligent than blacks."

Senate Democrats expect excerpts like this written by other Princeton graduates will be enough to torpedo the Alito nomination.

One Democrat Hill staffer involved in their strategy declared, "Put a fork in Scalito. It doesn't matter that Alito didn't write it, it doesn't matter that Alito wasn't that active in the group, Foote wrote it in CAP's magazine and we are going to make Alito own it."

However, a Republican insider contacted about the situation said, "It's the dumbest thing I've ever heard. The reason CAP was formed was to protest against people like Drujack who think killing chickens is similar to what happened at Auschwitz. I don't understand how what a guy named Foote wrote in some magazine has anything to do with Alito."

The final witness on the Senate Democrats newly unveiled witness list for Alito's hearing is freelance journalist Stephen Dujack. Dujack is a '76 Princeton graduate and a longtime critic of CAP.

Dujack was the author of a highly critical 1986 op-ed in the PRINCETON ALUMNI WEEKLY titled "The Contradictions Of CAP." Dujack slammed the group for its policies opposing Princeton's decision to admit women and minorities.

Dujack now says: "Judge Alito will have to explain to the Senate Judiciary Committee why he paid dues to an outfit... that was overtly racist and sexist for its entire 14-year existence - at times passionately so, too."

Dujack adds: "There is no way for Alito's backers to claim his association with the organization does not imply endorsement of its views, for opposition to women and minorities at Princeton was as central to CAP as opposition to drunken driving is to MADD."

However, THE DRUDGE REPORT has learned the Democrats' star witness comes with baggage of his own. Dujack penned an op-ed in 2003 that compared farm animals to Holocaust victims and gave money to the Kerry presidential campaign.

In the April 21, 2003 LOS ANGELES TIMES, Dujack wrote: "Like the victims of the Holocaust, animals are rounded up, trucked hundreds of miles to the kill floor and slaughtered." Dujack went on, "To those who defend the modern-day Holocaust on animals by saying that animals are slaughtered for food and give us sustenance, I ask: if the victims of the Holocaust had been eaten, would that have justified the abuse and murder?"

THE DRUDGE REPORT has also uncovered a purported $2,000 donation Dujack made to John Kerry's presidential campaign in 2004.

The thinking on the Left, apparently, is that if a man is clearly qualified on the basis of intellect and judicial record then he must be crucified even so by finding evidence in his past of something nefarious, even if it has to be invented. Nice people, these Democrats.

Best Ten of the Year

Earlier this week we linked to a site that listed the top ten best conservative movies of the last decade. If you like that sort of thing then you might want to peruse the selections by both Roy Ankar and Peter Chattaway over at Books and Culture. Ankar and Chattaway give their opinion of the top ten films of 2005. It's interesting that there's very little overlap between their lists.

Back Home

I'm just back from a great week in the highlands of Costa Rica chasing after the marvelous birdlife down there. It's hard to describe to someone who is not particularly interested in the beauty of the natural world how incredibly gorgeous many of the Costa Rican species are - certainly the pictures in the field guides don't capture the richness and subtlety of the colors of many of the birds and butterflies. For those who do have an appetite for nature's beauty, Costa Rica is a wonderful place to attempt to satisfy it.

I've revelled in every moment of my time there each of my three visits (at least I have once I've been able to get clear of the San Jose airport), and if it weren't for the fact that my family is here I'd have had a hard time leaving.

Anyway, I had prepared a few things for Bill to post in my absence, and he helped fill the gap with some of his own thoughts, for which I'm grateful. I hope to have more to post tonight.

There Are No Pigs

There's an expression on Wall Street that goes: "There are Bulls and there are Bears...but there ain't no Pigs." Why is that? Because their greed causes them to either go broke or, in the case that follows, be left on the sidelines.

Over the last couple of weeks I read several articles from some of the "experts" in the industry suggesting that since gold had hit its highest price for the last 24 years that gold had "gotten ahead of itself", was a little "toppy", due for a "substantial correction" or "pull back". And so they were recommending that people sell their gold and wait on the sidelines until the "correction" was over where they expected a gold price of around $450 - $460 per ounce. At that time, of course they would give the "all clear" signal that it was time to jump back in for the next leg up of the gold bull market. Imagine that, knowing exactly when to sell high and when to buy low.

Given the chart at this link, we can see where the price of gold reached about $337 not too long ago. Then, as our learned pundits declared, the price surely corrected, but only to around $496. In a dramatic "whip saw" action, the price climbed to the recent high of around $540 as quickly as it had dropped.

Now our little piglets have a problem. They sold their gold at the previous high, and seeing that they were correct in their prognostications, probably sold more of it as the price dropped. Now they're out of the market...on the sidelines waiting to get back in at around $460, but the gold price has returned to a new high. Ouch!

Sure, the gold price could have dropped further and our piggies would have cleaned up. In any event (here's where it really gets exciting) at some point, our sellers will decide to take their lumps and buy back into the market at considerably higher prices. Their greed will compel them to do so...and suppose the gold price corrects to $460 a day or week later. D'oh!

In a bull market such as we have in gold, attempting to time the market is particularly risky, especially when it's so unnecessary. A safer strategy is simply to buy and hold for the long term and perhaps make an additional purchase during those ubiquitous corrections as they occur if one is inclined to add to their portfolio. One thing is for certain, it sure is easier on the nerves.

The only other consideration I would have regards the question of how long this gold bull market will continue. While no one can say precisely, I believe I have a reasonably solid method of determining the answer to that question which is: for as long as the fundamental issues that are driving the price of gold higher continue their trend. Some of these fundamentals are:

  • Increasing trade deficit
  • Increasing budget deficit
  • Increasing inflation / increasing cost of commodities (oil, gas, copper, silver, gold, etc.)
  • Increasing Middle East tension
  • Increasing demand by China and India for energy
  • Increasing interest by foreign countries to diversify out of their US dollar reserves into other currencies and hard assets

I think it's safe to say that if and when these fundamentals start to slow down or decline, it might be time to reassess the portfolio. Personally, I don't see that happening anytime soon rather they continue to accelerate.

Thursday, January 5, 2006

Anti-Christian Dopiness

From Sweden comes word of yet another insult to Christianity and Christians:

Cheap Monday jeans are a hot commodity among young Swedes thanks to their trendy tight fit and low price, even if a few buyers are turned off by the logo: a skull with a cross turned upside down on its forehead. Logo designer Bjorn Atldax says he's not just trying for an antiestablishment vibe.

"It is an active statement against Christianity," Atldax told The Associated Press. "I'm not a Satanist myself, but I have a great dislike for organized religion."

The label's makers say it's more of a joke, but Atldax insists his graphic designs have a purpose beyond selling denim: to make young people question Christianity, a "force of evil" that he blames for sparking wars throughout history.

Mr. Atldax reveals a deep ignorance of history if he thinks that Christianity has been at the root of more than a small fraction of man's chronic inhumanity to man. Perhaps he could remedy his appalling lack of knowledge by doing a little reading. For starters he might pore over Paul Johnson's Modern Times: The World From the Twenties to the Nineties to get a sense of the utter devastation that secularist philosophies have wrought upon the world in just the seventy short years Johnson surveys. Then he could follow up with Under the Influence: How Christianity Transformed Civilization by Alvin J. Schmidt, a book which pretty much explains what its title suggests.

Such an educational program may not make Mr. Atldax any more sympathetic to Christianity, but it'll at least help him avoid embarrassing himself in the future with the sort of dopey statements he makes in the paragraphs cited above.

Forum on ID

The Pew Forum has a fascinating Q & A with Edward Larsen, a prominent professor of law and historian of science, who fields questions from journalists about religion in public life and particularly the conflict between evolution and ID.

Practical Atheists

Claremont Review of Books' Charles Kesler writes a provocative column explaining how secularist trends are steering us toward what Pope John Paul II called practical atheism. He says:

Only in latter-day America could a benevolent "Merry Christmas" be twisted into a politically incorrect affront to polite norms, a sinister and unconstitutional threat to establish religion, or both. As a question of etiquette, the issue invites thought. To wish someone the joy of the holiday is not automatically to presume that he shares it. For example, it's not impolite to say "Happy St. Patrick's Day" to someone who isn't Irish. By the same token, one can wish a Frenchman "Happy Bastille Day" without being a Frenchman, or even approving of the French Revolution. The important thing is that, in saying it, you wish him well; imagining yourself in his shoes is a gracious part of such friendliness.

But today's controversies have little to do with such delicate questions. They turn not on individual character and circumstances, nor on the mutual respect and civility possible between great religions, but on identity rights and a growing hostility to religion as such. This season's dustup over "Happy Holidays" is thus a mild case of a more serious disorder. The cutting edge of aggressive secularism reveals itself in efforts to banish Biblical religion altogether from public life: to remove "under God" from the Pledge of Allegiance, to abrade the Ten Commandments from public buildings, to discourage schoolchildren from filling their moments of silence with a joyful noise unto the Lord.

In effect, the secularists demand that the tone of public life must be made to conform to atheistic standards. Everyone must be taught to behave as "practical atheists," in John Paul II's wonderful phrase. Even believers-especially believers-must learn to speak and act, outside the sanctuary of their churches and synagogues, as though God doesn't exist. Anything else would amount to persecution of non-believers. In all these efforts, the Supreme Court by its egregious misinterpretations of the First Amendment's Establishment Clause has either fervently promoted religion's expulsion from the public square, or at best preserved its place temporarily by minimizing religion's seriousness.

The Court's present course was set in 1947, when it ruled, for the first time, that government may not "support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion." Before that, an "establishment of religion" had been understood narrowly, as the legislative designation of an official state church (or churches), with tax money dedicated to the support of its ministers, property, or both. The older understanding allowed for many kinds of government support of religion short of establishing it, and for a public square enriched by religion's free exercise.

There were disagreements over where to draw the lines. But then, unlike now, the disputes were over how, and to what extent, to accommodate religion and public life-not over whether to do so. From the beginning, the president and Congress called for national days of prayer and thanksgiving. The House issued its first such call on the same day that it passed the First Amendment. Congress authorized chaplains for itself (God knows they needed them) and for the armed forces. When Thomas Jefferson was president, the largest church services in the United States took place in the Capitol building, and he attended regularly.

Why did the founders by and large support religion's prominent but mostly informal public role? In the first place, the free exercise of religion (or the rights of conscience) was a vital part of man's natural rights. With its roots in the Bible, religion had also an integral connection with morality. Self-government presumed a self-controlled or moral people, and religion helped to shape those mores. Moreover, religion and religious freedom helped to shape politics by supporting limited government. There was something divine in man, and an authority in heaven superior to human will, which put permanent limits on government's power.

Finally, religion dignified civil society by making it the home of man's highest purpose, to know and worship God. Yet civil society was also the site of man's lower but urgent purpose, economic exchange and moneymaking. The two were connected, so G. K. Chesterton observed, by such merry occasions as holy days. "Rationally," he wrote, "there appears no reason why we should not sing and give each other presents in honour of anything-the birth of Michael Angelo or the opening of Euston Station. But it does not work. As a fact, men only become greedily and gloriously material about something spiritualistic." In other words, if you want to keep complaining about the commercialization of Christmas, don't turn it into a mere happy holiday.

The secularists insist that they don't want to prevent people from expressing religious sentiments, they only wish to purge those sentiments from our public spaces. Perhaps, but when the left gains one success they usually seek to follow it up with others. Ideological victories are to them like dominoes. They say they only wish to knock down the first, but they're never content with that. If laws establishing marriage as a bond between one man and one woman ever fall to those who aspire to gay marriage, there will be hardly time to catch one's breath before the laws banning polyamory (group marriage) will come under assault. Once smoking is banned in all public places there will come efforts, indeed there already have, to ban it in the privacy of one's car and home.

The problem with religion, from the standpoint of most secularists, is not merely that its unfettered public expression imposes a form of discrimination on the dissenting citizen, the problem is that religion itself is an evil that needs to be eliminated in order for mankind to truly flourish. Attempts to scrub the public square clean of religious imagery and ideas are just the first necessary steps to ridding society of this atavistic affliction altogether. The battle between the faithful and their cultured despisers will continue as long as the courts can be counted on by the secularists to rule on their behalf.

Wednesday, January 4, 2006

Forum on ID

The Pew Forum has a fascinating Q & A with Edward Larsen, a prominent professor of law and historian of science, who fields questions from journalists about religion in public life and particularly the conflict between evolution and ID.

Practical Atheists

Claremont Review of Books' Charles Kesler writes a provocative column explaining how secularist trends are steering us toward what Pope John Paul II called practical atheism. He says:

Only in latter-day America could a benevolent "Merry Christmas" be twisted into a politically incorrect affront to polite norms, a sinister and unconstitutional threat to establish religion, or both. As a question of etiquette, the issue invites thought. To wish someone the joy of the holiday is not automatically to presume that he shares it. For example, it's not impolite to say "Happy St. Patrick's Day" to someone who isn't Irish. By the same token, one can wish a Frenchman "Happy Bastille Day" without being a Frenchman, or even approving of the French Revolution. The important thing is that, in saying it, you wish him well; imagining yourself in his shoes is a gracious part of such friendliness.

But today's controversies have little to do with such delicate questions. They turn not on individual character and circumstances, nor on the mutual respect and civility possible between great religions, but on identity rights and a growing hostility to religion as such. This season's dustup over "Happy Holidays" is thus a mild case of a more serious disorder. The cutting edge of aggressive secularism reveals itself in efforts to banish Biblical religion altogether from public life: to remove "under God" from the Pledge of Allegiance, to abrade the Ten Commandments from public buildings, to discourage schoolchildren from filling their moments of silence with a joyful noise unto the Lord.

In effect, the secularists demand that the tone of public life must be made to conform to atheistic standards. Everyone must be taught to behave as "practical atheists," in John Paul II's wonderful phrase. Even believers-especially believers-must learn to speak and act, outside the sanctuary of their churches and synagogues, as though God doesn't exist. Anything else would amount to persecution of non-believers. In all these efforts, the Supreme Court by its egregious misinterpretations of the First Amendment's Establishment Clause has either fervently promoted religion's expulsion from the public square, or at best preserved its place temporarily by minimizing religion's seriousness.

The Court's present course was set in 1947, when it ruled, for the first time, that government may not "support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion." Before that, an "establishment of religion" had been understood narrowly, as the legislative designation of an official state church (or churches), with tax money dedicated to the support of its ministers, property, or both. The older understanding allowed for many kinds of government support of religion short of establishing it, and for a public square enriched by religion's free exercise.

There were disagreements over where to draw the lines. But then, unlike now, the disputes were over how, and to what extent, to accommodate religion and public life-not over whether to do so. From the beginning, the president and Congress called for national days of prayer and thanksgiving. The House issued its first such call on the same day that it passed the First Amendment. Congress authorized chaplains for itself (God knows they needed them) and for the armed forces. When Thomas Jefferson was president, the largest church services in the United States took place in the Capitol building, and he attended regularly.

Why did the founders by and large support religion's prominent but mostly informal public role? In the first place, the free exercise of religion (or the rights of conscience) was a vital part of man's natural rights. With its roots in the Bible, religion had also an integral connection with morality. Self-government presumed a self-controlled or moral people, and religion helped to shape those mores. Moreover, religion and religious freedom helped to shape politics by supporting limited government. There was something divine in man, and an authority in heaven superior to human will, which put permanent limits on government's power.

Finally, religion dignified civil society by making it the home of man's highest purpose, to know and worship God. Yet civil society was also the site of man's lower but urgent purpose, economic exchange and moneymaking. The two were connected, so G. K. Chesterton observed, by such merry occasions as holy days. "Rationally," he wrote, "there appears no reason why we should not sing and give each other presents in honour of anything-the birth of Michael Angelo or the opening of Euston Station. But it does not work. As a fact, men only become greedily and gloriously material about something spiritualistic." In other words, if you want to keep complaining about the commercialization of Christmas, don't turn it into a mere happy holiday.

The secularists insist that they don't want to prevent people from expressing religious sentiments, they only wish to purge those sentiments from our public spaces. Perhaps, but when the left gains one success they usually seek to follow it up with others. Ideological victories are to them like dominoes. They say they only wish to knock down the first, but they're never content with that. If laws establishing marriage as a bond between one man and one woman ever fall to those who aspire to gay marriage, there will be hardly time to catch one's breath before the laws banning polyamory (group marriage) will come under assault. Once smoking is banned in all public places there will come efforts, indeed there already have, to ban it in the privacy of one's car and home.

The problem with religion, from the standpoint of most secularists, is not merely that its unfettered public expression imposes a form of discrimination on the dissenting citizen, the problem is that religion itself is an evil that needs to be eliminated in order for mankind to truly flourish. Attempts to scrub the public square clean of religious imagery and ideas are just the first necessary steps to ridding society of this atavistic affliction altogether. The battle between the faithful and their cultured despisers will continue as long as the courts can be counted on by the secularists to rule on their behalf.

Tuesday, January 3, 2006

Bullish on 2006

Investor's Business Daily is bullish on 2006 and bullish on America:

The New Year: Despite natural disasters and the casualties of war, Americans say 2005 was better than 2004 - and a huge majority expect things to improve again in 2006. Truth is, things are better the world over. Throughout its history, our country has distinguished itself by a pragmatic optimism. Other countries see global warming and plan for economic contraction; we question the science of those who forecast inevitable doom, while at the same time ponder the benefits of less ice providing a navigable Northwest Passage.

Leaders of other nations bemoan a global gap between rich and poor and call for the redistribution of wealth; our leader sees a link between poverty and the lack of political and economic freedom, and in the case of Iraq takes bold action to help the cause of liberty.

A new Quinnipiac University poll of about 1,200 registered voters found the hopefulness of Americans as unflappable as ever - with no rose-colored glasses in sight.

Fifty-three percent thought 2005 was better for them personally than 2004; only 33% thought it was worse. Among those ages 18 through 29, 68% thought 2005 was better for them than 2004; only 24% called it worse. With 4.5 million new jobs in the last 2 1/2 years, GDP growth over 4% and a 5% unemployment rate, those numbers shouldn't be a great shock.

As to the future, 79% thought the new year would be better for them personally, with only 10% predicting a worsening. Of 18- to 29-year-olds, the number rose to 93%, with only 3% pessimistic about 2006. For those in their 30s and early 40s, 85% thought the near future would be bright. At the same time, only 36% of those polled thought 2006 would be a more peaceful place than this year, with 52% believing it would be less peaceful. True to form, Americans are cognizant of the challenges facing the world, but we understand the hope and opportunities that come with freedom. And while the world may indeed see more war, there are far fewer armed conflicts today than 15 years ago.

A big reason is that freedom is on the march. There were 45 unfree countries in 2005, down four from 2004 and the fewest in more than a decade. The world has a great deal to celebrate. Incomes are up worldwide, and they continue to rise. Life spans are up, from an average of under 50 years at the beginning of the 20th century in the U.S. to 77 today - an increase exceeding 50%. Life expectancy was around 40 years in China and India a half-century ago; today it's well above 60.

2005 may have seen a great city submerged by what must have seemed like a second Noah's flood, and we saw government officials fall short in their response to the year's calamities. But we also saw our government play a historic role in bringing the nuts and bolts of democracy to a nation and a culture on the other side of the world. There's a common bond between the rescue workers who risked their lives to save those stranded on rooftops in post-Katrina New Orleans and the soldiers taking risks patrolling the streets of Baghdad on Election Day. They all chose to put their lives second to the lives and livelihoods of others.

The advanced technology that accurately predicts the paths of hurricanes, saving thousands through timely evacuation, could - like so much of the new inventions and discoveries we take for granted - only have come from an economy and society based on liberty. And it's the prosperity provided by a free-market economy that lets us afford to build a military that defends our liberties and even liberates those living under a regime that for many years actively threatened our freedoms.

Free people are the key to a better life for all people in all places. As we wish one another a Happy New Year, we cherish the many blessings we enjoy as Americans. As Americans, we can also be proud that we have given others elsewhere the tools that can make their New Year the happiest ever.

Religious, political, and economic freedom, plus private ownership of property are the four pillars upon which this country was built and the four reasons why life here is so much better than it is anywhere else in the world where these principles are not honored. As we take our first steps into 2006 we should remind ourselves to be vigilant against those abroad who would deprive us of those four pillars by violence and those at home who would weaken and erode them through judicial activism and legislative overreaching.

"Edgy" New Program

NBC adds to the very positive image of Christianity that the major networks have been at pains to foster in recent years with this new offering:

On January 6, NBC will begin a new series entitled The Book of Daniel. While the public has not seen the program, NBC is promoting "The Book of Daniel" as a serious drama about Christian people and the Christian faith. The main character is Daniel Webster, a drug-addicted Episcopal priest whose wife depends heavily on her mid-day martinis.

Webster regularly sees and talks with a very unconventional white-robed, bearded Jesus. The Webster family is rounded out by a 23-year-old homosexual Republican son, a 16-year-old daughter who is a drug dealer, and a 16-year-old adopted son who is having sex with the bishop's daughter. At the office, his lesbian secretary is sleeping with his sister-in-law.

NBC and the mainstream media call it "edgy," "challenging" and "courageous." The series is written by Jack Kenny, a practicing homosexual who describes himself as being "in Catholic recovery," and is interested in Buddhist teachings about reincarnation and isn't sure exactly how he defines God and/or Jesus. "I don't necessarily know that all the myth surrounding him (Jesus) is true," he said.

NBC considers The Book of Daniel a positive portrayal of Christ and Christians.

Sounds to us like a wonderful show about your average Christian family that we'll want to bring the whole family together to watch. And writer Jack Kenny strikes us as a very insightful theologian, but we could be wrong. Unfortunately, I'll be dusting my bookshelves the evening of the 6th and will have to miss the premier.

If you'd like to express your enthusiasm for this "edgy", "challenging", and "courageous" program to its sponsors, you can go here and follow the links.

Bayes' Theorem and the Telic Universe

Bayes' theorem is all the rage among philosophers of a certain analytic stripe nowadays and Joe Carter employs it to come up with a clever argument that a telic universe and biosphere is much more probable than one that emerged through blind, non-telic, processes.

The idea behind Bayes' theorem is that it is possible to calculate the probability of something occuring or existing given the hypothetical existence of certain other conditions. In the case of Carter's argument he seeks to employ the Bayesian formula to calculate the probability that the universe would be structured the way it is given the non-existence of an intelligent architect and compare that probability to the liklihood that the universe would be structured as it is given that such a designer does exist.

Give it a look. It's interesting.

Monday, January 2, 2006

Christian Belief VI

For the final post in our series on Christian belief we'll consider the foundational event upon which all of Christendom is based, the Resurrection of Jesus from the dead. If Jesus had only performed miracles, affirmed His deity, and died a martyr's death on the cross, He would have been promptly forgotten by time within a generation or two after his death. He would have been regarded at best as a pious dreamer and at worst a fraud and charlatan.

The Resurrection, however, authenticates everything He said and did during His life. It stamps His ministry with the words, "this must be true." Paul writes that if Christ is not raised our faith is worthless and we're still in our sins (I Cor.15:16-19). In other words, Christianity rests on the fact of the physical, historical Resurrection. When Jesus was asked for a sign to confirm His teaching about Himself He enigmatically replied that if His body is destroyed in three days it will be raised back up.

Jesus' Resurrection has always been the firmest ground for Christian belief in a life after death. Because God raised Him, Paul writes, we can have a realistic hope, indeed an assurance, that He can and will do the same for us.

But, a miracle like this is awfully hard to accept in our modern world (See here for more on the topic of miracles and the modern mind). People just don't come back to life once they are dead. What's the evidence for believing that a resurrection is really what happened?

We should start by asserting that there is nothing impossible, either logically or physically, about such an event. A revivification would only be logically impossible if there were some sort of contradiction entailed by the proposition that a dead man came back to life, but there's nothing self-contradictory about this. It would only be physically impossible if naturalism is true, that is, if there is nothing to reality but matter and energy. Yet although many people believe that naturalism is true no one can know that it is. If God exists, If God is real, miracles are possible. Since it is certainly possible that God exists it is therefore physically possible that a dead man could have been brought back to life.

Yes, the skeptic replies, but it's highly unlikely, and we should parcel out our belief according to what our experience shows is most likely. Our experience shows that any natural explanation, no matter how implausible, is still more likely than that there was an irregularity in the laws of nature because those laws are uniform and unbreakable.

This of course, begs the question, as C.S. Lewis points out in his little work On Miracles. We can only know that the laws of nature are uniform if we know that there are never any irregularities, i.e. miracles, but we can only know that there are never any miracles if we already know that the laws of nature are uniform.

Again, if there is a personal God then miracles are indeed possible and we need to consider the plausibility of an alleged instance of one based upon the evidence. In the case of the Resurrection of Jesus, the evidence, as many Christian apologists have pointed out, starts with the fact that the thing that we can be most certain of is that the tomb was empty on the first Easter morning.

How can we be sure of that? Because all that the early opponents of Christianity had to do to stamp out the nascent "heresy" in their midst was produce the corpse of the man the Christians were saying had risen from the dead, but this they never did. Moreover, a significant number of the early disciples gave their lives for their belief that Jesus was alive. This is inexplicable given the fact that no sane person sacrifices his life for something he knows is a lie. Moreover, the earliest official accounts of what happened at the tomb claimed that the disciples stole the body, but why did the authorities spread that story if the corpse was not missing?

The question, then, is not whether the tomb was empty, but rather how did it get that way?

Several theories have been placed in circulation to offer an alternative to the Biblical proclamation that Jesus was radically transformed into something much different than He had been prior to His death. We'll consider just two of the most popular.

The first, as noted above, is that the followers of Christ stole the body, but this is totally implausible. These were men and women, peasants and fishermen, cowering in hiding, afraid that the authorities were going to come to arrest them. To think that they were able to sneak past the Roman soldiers guarding the tomb, roll away a heavy stone, and steal the body without drawing notice is difficult to believe. But even if this is what happened, why weren't the disciples arrested and questioned for breaking the law and stealing the body? Again, if this is what happened why were these same men willing to suffer torture, imprisonment, hardship, and even martyrdom to proclaim to people what they knew to be false, that Jesus was alive?

The second theory is that Jesus didn't really die but merely passed out and later revived in the tomb. This is even less plausible than the first hypothesis. Consider His condition. He had been without food, water, and medical care for over two days. He had been horribly scourged, nailed to a timber, his shoulder and elbow joints would have dislocated as he hung from the cross-beam, and he had been speared in the side so deeply that bodily fluids gushed from His abdominal cavity. Even so, we are asked to believe, He somehow only passed out on the cross and revived while in the tomb. Despite His weakened state, He managed to roll away the heavy stone at the entrance, sneak past the guards, and appear to His disciples in such triumphant glory that they were convinced He had actually been brought back to life by God.

If this is what happened, of course, the disciples would have soon realized that Jesus was in bad shape and had not been raised to any genuinely new life at all. Furthermore, Jesus would eventually have died and His followers would have known that. How then do we explain the willingness of these men and women to undergo torture and execution, all the while steadfastly refusing to renounce their conviction that Jesus had overcome death?

To be sure, the implausibility of these theories is not a proof that Jesus did, in fact, rise from the dead. There could have been some other explanation for the empty tomb that no one knows about. But what the difficulty in explaining the empty tomb does do is give credence to the testimony of the eye-witnesses, it shows that the person who is willing to give the scriptural narrative the benefit of the doubt is not taking an irrational position. For the person who believes that God exists, there is no compelling rational argument against the claim that the Resurrection actually occurred. Indeed, the only argument against it is the skeptic's certainty that miracles don't happen.

Something, however, did happen that morning in a remote corner of the world which forever transformed history. Whatever it was changed thousands of lives in the immediate aftermath and millions more thereafter. It must have been dramatic. The Gospels tell us that it was the astonishing sight of the risen Christ, and there is no reason, other than that we just don't want it to be true, not to believe that witness.

Samuel Alito's Confirmation

Terry Eastland explains why he thinks Samuel Alito is going to be confirmed to the Supreme Court despite the howls of protest likely to accompany his confirmation hearings.

By the way, those hearings commence on January 9th and will likely be replete with all manner of senatorial grandstanding and other buffoonery. We hope Senator Kennedy does better getting Judge Alito's name right than he did in his futile attempt a couple of months ago to get a handle on the name of Senator Obama, which at one point he had transformed into Osama Obama.

We're looking forward to the proceedings.

Tax Time

I recently received my last paycheck for the year. Often, I wonder where in the world my money is going as like most of us, it seems to go out faster than it comes in. Where, I ask myself, is my money going???!!!

Well, I think I have discovered at least part of the answer to my question. First I looked at the deductions portion on the pay stub. You know, the government grab known as Federal Withholding, FICA, MEDFICA, and State. Some folks also have County and City.

That accounted for a full 30% difference between what I earned and what I took home. 30% !!! Those dollars are gone and might as well have been thrown down a rat hole for all the benefit I will ever receive from them.

But that doesn't resolve my continual confusion about why it's so difficult to save. Then I began to consider this partial list of other taxes (including the ones mentioned above) that I must spend from my earnings that have already been taxed!!!...

  • Accountants Receivable Tax
  • Building Permit Tax
  • Capital Gains Tax ( a tax on your savings )
  • CDL License Tax
  • Cigarette Tax
  • Corporate Income Tax
  • Court Fines ( indirect taxes )
  • Dog License Tax
  • Federal Income Tax
  • Federal Unemployment Tax
  • Fishing License Tax
  • Food License Tax
  • Fuel Permit Tax
  • Gasoline Tax
  • Hunting License Tax
  • Inheritance Tax Interest expense ( tax on the money )
  • Inventory Tax IRS Interest Charges ( tax on top of tax )
  • IRS Penalties ( tax on top of tax )
  • Liquor Tax
  • Local Income Tax
  • Luxury Taxes
  • Marriage License Tax
  • Medicare Tax
  • Property Tax
  • Real Estate Tax
  • Septic Permit Tax
  • Service Charge Taxes
  • Social Security Tax
  • Road Usage Taxes ( Truckers )
  • Sales Taxes
  • Recreational Vehicle Tax
  • School Tax
  • State Income Tax
  • State Unemployment Tax
  • Telephone Federal Excise Tax
  • Telephone Federal Universal Service Fee Tax
  • Telephone Federal, State and Local Surcharge Taxes
  • Telephone Minimum Usage Surcharge Tax
  • Telephone Recurring and Non-Recurring Charges Tax
  • Telephone State and Local Tax
  • Telephone Usage Charge Tax
  • Toll Bridge Taxes
  • Toll Tunnel Taxes
  • Traffic Fines ( indirect taxation )
  • Trailer Registration Tax
  • Vehicle License Registration Tax
  • Vehicle Sales Tax
  • Watercraft Registration Tax
  • Well Permit Tax
  • Workers Compensation Tax

None of these taxes existed 100 years go, and our nation was the most prosperous in the world, had absolutely no debt, had the largest middle class in the world and mom stayed home to raise the kids.

What happened? Simple. America has become a liberal, socialist, welfare state.

And there's another tax that is referred to as the "hidden" tax...the insidious tax of inflation.

From the link:

The inflation tax - collected in the form of a continually depreciating currency - has been especially egregious in the postwar period. What you could buy for $1 in 1946 you have to pay $8.77 for today. Another way to put it is that $1 then is worth 11 cents today. What happened to the 89 cents? It has been taxed away by the Federal Reserve's continuing expansion of the money supply. The Clinton inflation tax alone (1992 to the present) has sliced off 18 cents from the value of the dollar.

And another link:

It is an insidious system. It gives us more by actually giving us less. That means we seem to have more money, the nominal amount of the money in our pockets or in the bank is larger. The economy seems to humming along. Stock prices and earnings seem to grow by huge amounts over the long term. But it is a trick.[14] Our judgment has been distorted by the long-term effects of inflation and the destructive policies of the central bank.[15]

These devalued dollars actually can buy fewer things. And this cycle of spending and inflating will worsen unless there is a signal change among tens of millions of Americans who are disgusted, but feel compelled to vote for one of these two windjammers. They just want to go about their business, work harder and be left alone. This kind of person is the "forgotten man.[16]" He has increasingly been pushed into the background by special interests and those forever demanding more of the welfare state.

And this link:

Inflation spurs the growth of central governments. It allows these governments to grow larger than they could become in a free society. And it allows them to monopolize governmental functions to an extent that would not occur under a natural production of money. This comes at the expense of all forms of intermediate government, and of course at the expense of civil society at large. The inflation-sponsored centralization of power turns the average citizen more and more into an isolated social atom. All of his social bonds are controlled by the central state, which also provides most of the services that formerly were provided by other social entities such as family and local government. At the same time, the central direction of the state apparatus is removed from the daily life of its prot�g�s.

And again:

Fiat money is the means by which governments obtain instant purchasing power without taxation. But where does that purchasing power come from? Since fiat money has nothing of tangible value to offset it, government's fiat purchasing power can be obtained only by subtracting it from somewhere else. It is, in fact, "collected" from us all through a decline in our purchasing power. It is, therefore, exactly the same as a tax, but one that is hidden from view, silent in operation, and little understood by the taxpayer. [pg. 162]

America once enjoyed a stable dollar backed by gold deposits, a "gold standard" system. This system gradually was undermined throughout the last century, until President Nixon finally severed the last tenuous links between the dollar and gold in 1971. Since 1971, the Fed has employed a pure fiat money system, meaning government can create money whenever it decrees simply by printing more dollars. The "value" of each newly minted dollar is determined by the faith of the public, the total amount of dollars in circulation (the money supply), and the financial markets. In other words, fiat dollars have no intrinsic value.

What does all of this mean for you and your family? Since your dollars have no intrinsic value, they are subject to currency market fluctuations and ruinous government policies, especially Fed inflationary policies. Every time new dollars are printed and the money supply increases, your income and savings are worth less. Even as you save for retirement, the Fed is working against you. Inflation is nothing more than government counterfeiting by the Fed printing presses. Inflation acts as a hidden tax levied disproportionately on the poor and fixed-income retirees, who find the buying power of their limited dollars steadily diminished. The corporations, bankers, and wealthy Americans suffer far less from this inflation, because they can take advantage of the credit expansion that immediately precedes each new round of currency devaluation.

And from House Representative Ron Paul:

Yet while politicians favor central bank control of money, history and the laws of economics are on the side of gold. So even though central banks try to mask their inflationary policies and suppress the price of gold by surreptitiously selling it, the gold markets always cut through the smokescreen eventually. Rising gold prices like we see today historically signify trouble for paper currencies, and the dollar is no exception. Should the dollar continue to decline in value, America will find itself struggling to service our already massive debt load even as our foreign creditors become less interested in our dollars.

America once enjoyed a stable dollar backed by gold deposits, a "gold standard" system. This system gradually was undermined throughout the last century, until President Nixon finally severed the last tenuous links between the dollar and gold in 1971. Since 1971, the Fed has employed a pure fiat money system, meaning government can create money whenever it decrees simply by printing more dollars. The "value" of each newly minted dollar is determined by the faith of the public, the total amount of dollars in circulation (the money supply), and the financial markets. In other words, fiat dollars have no intrinsic value.

What does all of this mean for you and your family? Since your dollars have no intrinsic value, they are subject to currency market fluctuations and ruinous government policies, especially Fed inflationary policies. Every time new dollars are printed and the money supply increases, your income and savings are worth less. Even as you save for retirement, the Fed is working against you. Inflation is nothing more than government counterfeiting by the Fed printing presses. Inflation acts as a hidden tax levied disproportionately on the poor and fixed-income retirees, who find the buying power of their limited dollars steadily diminished. The corporations, bankers, and wealthy Americans suffer far less from this inflation, because they can take advantage of the credit expansion that immediately precedes each new round of currency devaluation.

Brilliant Austrian school of economics scholar Murray Rothbard asked a seemingly complex question in the title of his essay: "What has Government Done to our Money?" The answer turns out to be pretty simple: Government consistently debases our money. How and why it debases our money has everything to do with politics, and nothing to do with the laws of economics.

It's as though you have given your check book to the government, or more accurately, they simply have taken it.

WCS

New Year's Resolution

Our New Year's resolution at Viewpoint is to continue to bring our readers thoughtful and incisive commentary on the political, religious, and social issues of the day, especially where these interface with science and philosophy. If you look forward to, and enjoy, reading us even half as much as we enjoy writing for you we will consider our task here to be worthwhile.

We hope you'll continue to read us regularly throughout the year and that you'll link us frequently to your family and friends.

Sunday, January 1, 2006

Best Conservative Films of 2005

Don Feder at FrontPage Mag lists his top ten conservative movies of the year 2005. What's as interesting as his picks is his definition of a conservative movie:

What is a conservative film? Let's start with what it isn't. It's not about men with bulging biceps and even bigger guns. It's not cartoonish action heroes. It isn't revenge tales masquerading as heroism.

Conservative cinema does more than entertain; movies that do no more are visual candy. It instructs and inspires.

Conservative films celebrate virtue. They tell timeless tales of individuals overcoming all manner of adversity to achieve true greatness. They're about honesty, loyalty, courage and patriotism. They're concerned with conservatism's cardinal values - faith, family and freedom.

He goes on to mention what he regards as the best conservative films of the last ten years:

[T]hey would include: "Lord of The Rings: The Return of The King (2003)" "Open Range" (2003), "LA Confidential" (1997), Mel Gibson's "The Patriot" (2000), and "Spiderman," I and II (2002 and 2004). But also some quieter films, like last year's "In Good Company" and "The Family Man" (2000) would make my list.

Go here for his ten best of the year.

Planning to Attack Iran

The Jerusalem Post reports that planning for a strike on Iran is well along. The twist, though, is that the Post thinks that the attack will be carried out by American forces rather than by Israelis:

The United States government reportedly began coordinating with NATO its plans for a possible military attack against Iran. The German newspaper Der Tagesspiegel collected various reports from the German media indicating that the North Atlantic Treaty Organization are examining the prospects of such a strike.

According to the report, CIA Director Porter Goss, in his last visit to Turkey on December 12, requested Prime Minister Recep Tayyip Erdogan to provide military bases to the United States in 2006 from where they would be able to launch an assault.

The German news agency DDP also noted that countries neighboring Iran, such as Saudi Arabia, Jordan, Oman, and Pakistan were also updated regarding the supposed plan. American sources sent to those countries apparently mentioned an aerial attack as a possibility, but did not provide a time frame for the operation.

Although Der Spiegel could not say that these plans were concrete, they did note that according to a January 2005 New Yorker report American forces had entered Iran in 2005 in order to mark possible targets for an aerial assault.

Let's hope, and pray, that Iran reconsiders its nuclear ambitions and makes such an attack unnecessary.

Saturday, December 31, 2005

New Year's Wish

This may portend good news for those of you who consumed too much alcohol in your youth or who may be planning to imbibe more than you should tonight:

The apocryphal tale that you can't grow new brain cells just isn't true. Neurons continue to grow and change beyond the first years of development and well into adulthood, according to a new study. The finding challenges the traditional belief that adult brain cells, or neurons, are largely static and unable to change their structures in response to new experiences.

In any event, Bill and I wish all our readers a happy, fulfilling, and spiritually prosperous 2006. And please don't count on your brain cells being able to regenerate themselves if you have a few too many tonight.

Surprising Verdict

This will surprise you, perhaps:

The U.S. Court of Appeals for the Sixth Circuit unanimously affirmed the decision of a U.S. district court judge in Kentucky, upholding Mercer County, Kentucky's inclusion of the Ten Commandments in the display of historical documents in the county courthouse. The unanimous decision rejected the ACLU's arguments that the display violated the Establishment Clause of the First Amendment.

In fact, in writing for the court, the circuit justice specifically rejected the ACLU's claims, noting that the ACLU's "repeated reference to the separation of church and state has grown tiresome. The First Amendment does not demand a wall of separation between church and state." The court went on to say that a reasonable person viewing Mercer County's display would appreciate "the role religion has played in our governmental institutions and finds it historically appropriate and traditionally acceptable for a state to include religious reference influences, even in the form of sacred text, in honoring American traditions."

This represents a huge victory for the people of Mercer County and Kentucky generally. For far too long, these counties have been lectured like school children by those in the ACLU and elsewhere who claim to know what the people's Constitution really means. What the Sixth Circuit has said is that people have a better grasp on the real meaning of the Constitution than most courts do. The court also recognized that the Constitution does not require that we strip the public square of all vestiges of religious heritage and traditions. This is by far the most significant Ten Commandments victory since the Supreme Court's decision to allow a display to stand in Texas. In light of the decision of the Supreme Court striking down McCreary County's display, which was identical to this one, this bodes well for us in future cases.

...It is quite likely that this case will be appealed to the Supreme Court of the United States.

It seems plain to almost everyone except lawyers that the framers of the Constitution did not intend to expunge religion from public life but rather to prevent the government from establishing a national church. It will be interesting, if the case is appealed, to see how the Court will rule with Samuel Alito seated on it. Alito should be confirmed by the end of January and his presence on the bench may precipitate a shift toward sanity in the Court's rulings on church/state separation.

Best Economic News of 2005

Arnold Kling at Tech Central Station claims that the best indicator of economic health is a nation's productivity, and by that measure we're doing pretty well. He concludes with these observations:

In a recent TCS interview, Robert Fogel suggested that productivity growth of 2 percent per year would be sufficient to ensure the soundness of Social Security. With three percent productivity growth, even Medicare may be sound.

In The Great Race, I argued that our economic future boils down to two trends. Moore's Law is raising productivity, helping to increase the size of the economy relative to government spending. On the other hand, Medicare is growing, which tends to increase government spending relative to the size of the economy.

In the 2-1/2 years since I wrote that essay, nothing has been done to slow the growth of Medicare. However, if the economy can sustain or increase its rate of productivity growth, the long-term outlook may be reasonably good. We are headed for the scenario that I called "affordable welfare state," meaning that the lavish benefits that we have promised ourselves when we get older will require relatively modest increases in tax rates. Tax revenues will be high because incomes and payrolls will be high.

The politicians have done nothing to slow the growth of entitlements. The mainstream media have totally missed the most important economic news of the early 21st century, which is the strong productivity growth. The state of the economy in 2005 is that it is performing well in spite of both the pols and the pundits.

Almost makes one think that the millenium is right around the corner.

Friday, December 30, 2005

The Terminator's Response

Some lefty pols in Arnold Schwarzenegger's home town of Graz, Austria, in self-righteous snittery over his refusal to commute the death sentence of a multiple murderer, one "Tookie" Williams, decided to express their displeasure at their favorite son's barbarism by proposing that Arnold's citizenship be yanked and his name removed from a municipal athletic stadium. What's worst, they proposed that the stadium be renamed after the man who shot four people to death for a couple of bucks (See here.)

The Terminator didn't take this affront meekly, however. Mark Steyn has a "don't miss" column on Schwarzenegger's response to the moral Euro-midgets who serve on Graz's city council. It's a hoot.

Looking for the Leaker

We're heartened by the news that the Justice Department is investigating the leak which led to the New York Times revelation of the secret intelligence gathering operation conducted by the NSA (National Security Administration). We remember how excited the media was over the possibility that the identity of a minor CIA functionary had been leaked by an administration official and their high hopes that someone in the administration (i.e. Karl Rove) would be indicted for it. We await the same degree of breathless reporting, endless speculations, and fervent hopes that someone who really has done serious damage to our national security will be caught and punished.

Since, however, the leaker in this case was trying to make Bush look bad the media will probably hold him or her to a different standard than they would have held Rove or Libby. That the leaker made each of us more vulnerable to those who want to kill us will be a matter of little moment to those who assess the heinousness of a crime in terms of who stands to gain or lose politically.

Honoring Islam

This post by a blogger named Athena is over a year old, but its theme is one which bears repeated mention:

To kill a girl because she has sex is quite sickening, especially when the guy is deemed as only giving into the girl's "seductions." It's even worse when the person who chooses to kill the girl is her father, brother or uncle. I guess it reminds me of the passage in the Bible where Jesus rescues the woman who is about to be stoned and says "he who is without sin cast the first stone."

When a family learns that the girl has threatened their "honor" in the community, they discuss this without the girl's presence, even with the mother, and they just "know" that the girl has to be killed in order to regain their standing in the community-even though the community may not know about the relationship. It's not even a choice, but a duty.

The mother knows this is the fate for her daughter, and even agrees to it, sometimes choosing the manner in which she will die...perhaps being burned alive, her throat cut, stoned or clubbed to death. The family leaves the house, and the person who is chosen to kill her comes in and does it as the family is away so there are no witnesses. The whole community knows of the killing and accepts the family into the community with open arms because they have wiped their slate clean with the blood of their child.

Today I was visiting the Center for Strategic Studies at the University of Jordan and my roommate, we'll call her Sally, went with me because she had to meet with the same professor as I. She started crying in the taxi on the way back home telling me about her experience the other night with her Jordanian boyfriend, we'll call him Malik.

Sally and Malik haven't been dating for very long, and I won't go into the details of their relationship, but she really did like this guy, and I liked him as well. He seemed very Western, spoke English well, acted respectably, dressed nice, came from an affluent and well-off family. He even lived in Europe for two years and had relationships with girls there.

They went out to eat last night and she brought up the subject of honor killings. Malik nonchalantly said that he would be willing to kill his sister or support his uncle or dad if they killed her if she had sex. This really upset Sally. They were holding hands and she immediately jerked away. He looked at her quizzically and asked what was wrong. She said she couldn't be touched by someone whose hands would kill his own sister for doing things that this guy enjoys fairly often with females.

Malik just didn't get it. He said it was just his culture. Sally said that she can't be around someone who would kill his own sister, and she asked him what he thought of her, did he even view her as human or was she just some object since she was an American girl? Malik couldn't explain himself, indeed it's a position that cannot be rectified. These people think they are so free here, but they're shackled in their own chains. They try to be so Western, so modern, so rich but they are wallowing in their own backwardness.

There's a stark difference between not condoning promiscuous behavior and killing someone over it, especially when the guy is not held culpable. Malik just explained that he was only being honest with her, and that if most guys here were really honest, they would tell her the same thing. "It's just our culture."

I guess what's really upsetting is that Malik is from the rich in society, which seem to be so much more liberal and modern. You generally think of honor killings as coming from the lower classes, but I will tell you, it's not the case, the sentiment is there in the upper classes as well. And only "20 per year" isn't the case either. Many go unreported because the people in villages support the act and the man is never turned in for his crime.

The only reason there are less honor crimes with the upper class is because the girls have enough money to get abortions. It's common practice here for girls to revirginize themselves before they get married, because if they are found out to not be a virgin when married, they are shamed for the rest of their life and their husband may kill them or leave them. Indeed, it's not just them that is shamed, but also their family and entire tribe. Everyone is so related here, that you shame an entire community, and the only way to expunge that shame is to do away with the girl.

And many of the girls feel like they must have sex with their boyfriends. Even girls wearing the hijab. The hijab is mainly not religious piece of apparel, it's expected and a social pressure. It signifies modesty, but it's just a sick prison. This whole society is imprisoned. On the surface they seem to be taking so many initiatives to liberalize and pursue freedom, but deep down they prescribe to the same beliefs. And you know, women are their own oppressors many times. They do themselves in more than the men by partaking in labeling, gossip and prescribing to arguments they know aren't true. Even one of the biggest feminists I've met here went off on a rant when she heard another woman divorced her husband because he "bought her 3 mink coats last Ramadan and bought her a nice car and gave her everything she wanted."

These hijab-wearing girls will have sex, because the guys will threaten to leave them, and it's such a large pressure on these girls to get married that they do anything they can to keep a man. Then, if for some reason their guy leaves them, they must get re-virginized through an operation.

It's these girls' own mothers that pressure them so much into marriage. In one family, the girl is 29 and not yet married. Every other night a new guy comes to the house with his mother and they check her out up and down to see if she's suitable. She doesn't like any of them, but the guys that she meets on her own, she can't even tell her parents about...she has to date secretly. This girl's mother was in the Jordanian Parliament and seen as a modern, pro-Western woman.

Anyway, my friend Sally invited Malik over tonight and told him she couldn't see him anymore. He just didn't understand. He's a nice guy, and I know that's weird to say after all this. But, he really is. In a way you can't blame him, he's just following what he's been taught. But who do you blame? And how do you change it? And there's a twist to this story. My other friend, we'll call her Megan, lived with a host family called the Salah's for two months before moving into our apartment with us. The Salah's have a son, Mohammed, who dates the sister of Malik. Malik was over at our apartment one night, and it clicked with Megan who he was and she, like a normal American was excited and said, "Ohhhh, now I know who you are! Your sister is my host brother's girlfriend! I've heard of you!" Malik just looked at her puzzled and shook his head saying, "Uh no..she doesn't date." Because to him, it's just completely out of his mind that his sister would date. We're hoping Malik is still in denial and that nothing happens to his sister...

Don't believe it when people tell you how modern a lot of the people in Jordan are. It's one big facade. They may be one of the most modern Middle Eastern countries, and they drive their 8 series BMWs, the women have the nicest clothes, they engage in talks about "freedom" and "feminism," they seek out capitalistic business ventures, and they can quote Locke and Marx and Hume all they want.

These people are living lies. All the women here are veiled, whether the physical fabric is covering them or not. And the men are just as blind.

Some enterprising journalist should set about to ask every Muslim imam in America to publicly state his opinion on the practice of honor killings and whether he thinks Allah approves of such barbarism. It would be interesting to see the results. Alas, the media are too obsessed with their pursuit of the great white whale of the Bush administration to be bothered with reporting on a matter of real importance to our national health.

We wonder, though, whether such apathy would prevail in our nation's newsrooms if it were discovered that some Christian group somewhere was endorsing honor killings.

Thanks to Michelle Malkin for the tip. Michelle has more details on the honor killings by Nazir Ahmed of his daughters that we commented on here.

Thursday, December 29, 2005

The Dover Decision III: Is it Science?

With this post we continue our examination of Judge Jones' much acclaimed opinion which he handed down in Kitzmiller v. Dover, and turn to his discussion of whether ID is science sensu strictu. Parenthetically, this is a question we find largely irrelevant to whether it should be permitted in science classes, for reasons we'll explain below.

The judge writes:

As previously noted, the Supreme Court held in Santa Fe that a public school district's conduct touching on religion should be evaluated under the endorsement test from the standpoint of how the "listening audience" would view it; and, if members of the listening audience would perceive the district's conduct as endorsing religion or a particular religious view, then the conduct violates the Establishment Clause.

Moreover, a review of the letters and editorials at issue reveals that in letter after letter and editorial after editorial, community members postulated that ID is an inherently religious concept, that the writers viewed the decision of whether to incorporate it into the high school biology curriculum as one which implicated a religious concept, and therefore that the curriculum change has the effect of placing the government's imprimatur on the Board's preferred religious viewpoint.

Accordingly, the letters and editorials are relevant to, and provide evidence of, the Dover community's collective social judgment about the curriculum change because they demonstrate that "[r]egardless of the listener's support for, or objection to," the curriculum change, the community and hence the objective observer who personifies it, cannot help but see that the ID Policy implicates and thus endorses religion.

Of course, many of those same letter writers believed that Darwinism is a religious concept as well, and they were moved to write because they're tired of that religious view being granted immunity and preference in our schools to the exclusion of all others. Evidently, however, the opinion of these folks on the religious implications of Darwinism is of little interest to the judge.

...we find it incumbent upon the Court to further address an additional issue raised by Plaintiffs, which is whether ID is science. To be sure, our answer to this question can likely be predicted based upon the foregoing analysis. While answering this question compels us to revisit evidence that is entirely complex, if not obtuse, after a six week trial that spanned twenty-one days and included countless hours of detailed expert witness presentations, the Court is confident that no other tribunal in the United States is in a better position than are we to traipse into this controversial area.

Aside from the fact that the judge probably meant to say abstruse, not obtuse, it is ironic that just a few days after his decision a philosopher from Amherst, Alexander George, published a column in the Christian Science Monitor in which he claimed that ID is indeed science, but that it's bad science and for that reason shouldn't be taught. His column pretty much dismantles the arguments of the "ID isn't science" brigades, and is really quite well done except for the interesting fact that, although he effectively argues that nothing about ID disqualifies it as science, he never really demonstrates that it's "bad" science. He merely asserts it.

Anyway, even if it were granted that ID is not science per se, it's certainly part of the domain of the philosophy of science and, specifically, the philosophy of biology. As such there is no reason for excluding it from a science classroom unless it is, indeed, bad philosophy, which no one has suggested it is. There is much philosophy taught in any science classroom, even bad philosophy (such as the standard scientific method), to which no one objects. Indeed, there's one bit of metaphysics that masquerades as science in our classrooms which Judge Jones has himself immunized from criticism - the idea that all of life has arisen as a result solely of blind, purposeless processes. We'd like to hear how the judge would subject that claim, a fundamental tenet of Neo-Darwinian evolution, no less, to scientific scrutiny.

Finally, we will offer our conclusion on whether ID is science not just because it is essential to our holding that an Establishment Clause violation has occurred in this case, but also in the hope that it may prevent the obvious waste of judicial and other resources which would be occasioned by a subsequent trial involving the precise question which is before us.

Well. It's certainly true that there has been a tremendous waste of resources and time in the adjudication of this question, but one wonders whose fault that is, really. Is it the fault of some misguided board members who tried to the best of their abilities to neutralize the corrosive threat to their students' religious beliefs that the "universal acid" of Darwinism presents? Or is it the fault of the handful of parents and their abettors in the ACLU who were just scandalized that their board would ever dare to do such an innocuous thing as put a disclaimer in a textbook, clumsily worded though it was, suggesting that there may be other theories on the matter of origins that students could investigate if they're so inclined?

We'll have more to say on the Judge's reasoning in a day or so. See here and here for our previous posts on his decision.

Getting it Really Wrong

Mona Charen pulls all the MSM-generated myths about Katrina and New Orleans together in a single column. She points out that from the size of the storm to the number of casualties, to the conditions in the Super Dome, to the disproportionate effect on the poor, to the inability of the poor to escape, the media got just about everything wrong, and in some cases, really wrong.

The question is, why did they blow it so badly? The answer, at least in part, perhaps, is because they saw a chance to hurt Bush, and they took it. The media obsession with discrediting this president has brought much more discredit to themselves than it has done harm to Bush.

Christian Belief V

Taken as a whole the Bible points insistently toward the salvific role of sacrifice, and Christians have long held that this recurrent theme is a kind of prelude to the greatest sacrifice in history: The sacrifice of Christ on Calvary. Jesus' death is seen by Christians as being more than just a martyr's execution. It has for 2000 years been viewed as a substitutionary atonement for the sin of all mankind.

Our betrayal of God - our falleness - requires, in the Divine economy, that our self-imposed estrangement from Him be permanent. The divine law demands a complete divorce with no reconciliation, but Divine Love also has its demands and it was out of that love that God refused to give up on His beloved. He chose rather to do all He could to redeem mankind from the stringent requirements of the law.

His solution was to take our place, to die physically in our stead, to pay the price for our sin. Somehow, even the temporary death of an infinite God was commensurate to the eternal deaths of finite men. God's death in Christ settled a debt that otherwise could never have been paid and insured that even though we still must endure the fears and sufferings of physical death ourselves, our separation from God need no longer be forever. There is now a chance for reconciliation, both corporately and individually. Because of His death, ours is now more like a birth into a new existence, a reunion with the creator and source of all that is good in this world.

But a question arises: Was the death of Christ sufficient to guarantee that no one at all would be left out of eternal union with God? Christians have historically given several answers to this question. One answer is that this salvation from eternal death is granted only to those who repent of their sin and accept Jesus' forgiveness and own Him as their God. This pretty much limits eternal life to Christians and is a view called "exclusivism" by theologians.

Another answer to the question says that Christ's death paid the price for everyone's sin and therefore everyone will ultimately have eternal life. This view is called "universalism" since salvation is seen as extending to everyone who ever lived no matter what their life was like.

A third view, called "inclusivism," falls between the other two. It agrees with the exclusivists in that it maintains that apart from Christ's sacrifice no one would have eternal life, but it also partly agrees with the universalists in believing that God accepts into His bosom more than just those who've made a willful decision to accept Christ as their savior. It holds that salvation is a matter of the condition and attitude of one's heart toward God.

Jesus' work on the cross is the price paid to secure salvation for anyone who obtains it, but those who never heard of Jesus, or who for cultural reasons, perhaps, find it exceedingly implausible that Jesus' death was a divine gift are nevertheless not excluded from receiving it. People whose hearts are open to God, people who, indeed, may be infatuated with God, are embraced by Him even though their understanding of His redemption is inadequate or attenuated. After all, whose understanding isn't?

Theological conservatives (fundamentalists and evangelicals) tend to hold the exclusivist position, liberals (e.g. unitarians) tend to be universalists, and moderates tend to be inclusivists.

But what of those who choose not to accept Christ, whose hearts are closed to God, who would prefer that He not even exist and who would find eternity with Him to be a kind of hell? A possible answer to this question is that God compels no one to love Him. He forces no one to accept His embrace. Those who find the very idea of God repellant, who want to have nothing to do with Him, will be given their way. They will be, for as long as they wish and/or as long as they exist, separated by their own volition from the source of everything that is good. They choose for themselves a destiny devoid of the love, peace, happiness, and intellectual stimulation that flows from God.

It's a tragic choice, but God will not force us against our will to choose Him. It might be noted that if this is true then universalism must be false. People can choose not to accept heaven. Read C.S. Lewis' fanciful description of this state of mind in The Great Divorce.

Our earlier posts on Christian Belief can be found here(I), here(II), here(III), and here(IV).

Wednesday, December 28, 2005

Biting the Bullet

Assorted home intruders, robbers, thugs, and would be spouse abusers all bit the bullet, so to speak, this week. You can read the stories at Civilian Gun Defense Blog. Here's one from The Dallas Morning News:

A convenience store clerk shot a man who was trying to rob the store Tuesday afternoon in Old East Dallas. About 1:45 p.m., two men entered a Shell convenience store off Interstate 30 near Winslow Avenue and began to act suspiciously, police said. When the clerk saw one man reach for gun near his belt, the clerk shot him in the chest. The man was hospitalized in critical condition, and the other suspect fled.

Remember as you read the other accounts at the blog that were gun control enthusiasts successful in realizing their ambitions to disarm the American public, none of these people would have had the means to protect themselves. Even so, the threat posed by their assailants would quite likely still have been just as great. If they were physically superior to their intended victim or if they were carrying a weapon, no laws to restrict gun ownership would have changed matters except that the intended victims would have been completely defenseless.

Pass 'Em a Shovel

Despite the best efforts of the New York Times and its accomplices on the Left, their collective outrage over the fact that the Bush administration would actually be doing its constitutionally-mandated duty by protecting the country from terrorists just isn't resonating in the heartland.

Talk of impeachment has been heard swirling about the fever swamps of the Left ever since the Times ran a story a week or so ago revealing that the National Security Administration has been eavesdropping on telephone conversations between al Qaeda suspects abroad and their contacts here in the States.

This, of course, is seen as an unconscionable infringement on our civil rights by the Left, which, however, only cares about civil liberties when they can be leveraged for their own power and influence.

Independent pollster Scott Rasmussen reports that:

Sixty-four percent (64%) of Americans believe the National Security Agency (NSA) should be allowed to intercept telephone conversations between terrorism suspects in other countries and people living in the United States. A Rasmussen Reports survey found that just 23% disagree.

Sixty-eight percent (68%) of Americans say they are following the NSA story somewhat or very closely.

Just 26% believe President Bush is the first to authorize a program like the one currently in the news. Forty-eight percent (48%) say he is not while 26% are not sure.

Eighty-one percent (81%) of Republicans believe the NSA should be allowed to listen in on conversations between terror suspects and people living in the United States. That view is shared by 51% of Democrats and 57% of those not affiliated with either major political party.

Numerous lawyers and constitutional experts have acknowledged that the Bush administration has the Constitutional warrant to do what it's doing and every president since Carter has thought likewise. Nevertheless, the MSM and the Democrats demands that Bush be punished for doing what most people want him to do and think he has the right to do simply reinforce the impression that these are not serious people when it comes to protecting our children from the Islamist plague.

Go ahead lefties, keep digging.

The Dover Decision II: Singling Out Evolution?

Judge Jones, presiding in the Dover ID trial, takes the school board to task for singling out evolution from all other topics in the high school curriculum as the focus of a disclaimer to be read to students. This, he argues, makes evolution suspect in students' minds which the school has no legal authority to do. The disclaimer, he writes:

...singles out evolution from the rest of the science curriculum and informs students that evolution, unlike anything else that they are learning, is "just a theory," which plays on the "colloquial or popular understanding of the term ['theory'] and suggest[ing] to the informed, reasonable observer that evolution is only a highly questionable 'opinion' or a 'hunch.'"

....Whether a student accepts the Board's invitation to explore Pandas, and reads a creationist text, or follows the Board's other suggestion and discusses "Origins of Life" with family members, that objective student can reasonably infer that the District's favored view is a religious one, and that the District is accordingly sponsoring a form of religion....

It is important to initially note that as a result of the teachers' refusal to read the disclaimer, school administrators were forced to make special appearances in the science classrooms to deliver it. No evidence was presented by any witness that the Dover students are presented with a disclaimer of any type in any other topic in the curriculum. An objective student observer would accordingly be observant of the fact that the message contained in the disclaimer is special and carries special weight. In addition, the objective student would understand that the administrators are reading the statement because the biology teachers refused to do so on the ground that they are legally and ethically barred from misrepresenting a religious belief as science, as will be discussed below....This would provide the students with an additional reason to conclude that the District is advocating a religious view in biology class.

That's one way of looking at it, but it's not the only conclusion a fair-minded person might arrive at. It could well be that these people see Darwinism, unlike anything else in the high school curriculum, as a challenge and a threat to students' religious beliefs, which even many Darwinians believe it is. Rather than prohibit it, they feel it necessary to try to maintain some measure of religious neutrality by letting students know that the school, even though it teaches Darwinism, is not endorsing the religious implications of Darwinism and seeks to offset those implications by referring students to works that present other possibilities. It might well be that the works the board chose to commend to students were of inferior quality (I have not read Pandas and People), but then they should be criticized for not picking the best resources available instead of castigating them for having the temerity to present an alternative to evolutionary dogma so that students don't get the feeling that the school is trying to undermine their religious convictions.

Second, by directing students to their families to learn about the "Origins of Life," the paragraph .... "reminds school children that they can rightly maintain beliefs taught by their parents on the subject of the origin of life," thereby stifling the critical thinking that the class's study of evolutionary theory might otherwise prompt, to protect a religious view from what the Board considers to be a threat.

The judge is not saying here, is he, that it's wrong for teachers to remind students that they can rightly hold on to beliefs they've been taught by their parents on this or any subject? Is he really saying that it's constitutionally acceptable to undermine in the classroom a student's religious beliefs, but it's wrong for schools to say anything that would protect students from having their religious beliefs subject to corrosive scrutiny? Is this what the constitution mandates, that we send our children to school to have everything they've been taught by their parents called into question, and the school dare not do anything to attempt to soften the blow? How Judge Jones can claim later that he's not an activist judge after writing something as arrogant and as radical as this completely escapes us.

....because [the] disclaimer effectively told students "that evolution as taught in the classroom need not affect what they already know," it sent a message that was "contrary to an intent to encourage critical thinking, which requires that students approach new concepts with an open mind and willingness to alter and shift existing viewpoints".

This is utter nonsense. Which position is most likely to foster "a willingness to alter and shift existing viewpoints," teaching evolution in the classroom and encouraging students to check out dissenting views on their own time, or teaching only evolution in the classroom and not permitting even the mention of any criticisms of the theory and refusing to encourage students to entertain the possibility that there may be other explanations for the design which permeates nature besides the blind mechanisms of neo-Darwinism? How can students alter and shift existing viewpoints if they're only exposed to a single view?

[T]he administrators made the remarkable and awkward statement, as part of the disclaimer, that "there will be no other discussion of the issue and your teachers will not answer questions on the issue." .... a reasonable student observer would conclude that ID is a kind of "secret science that students apparently can't discuss with their science teacher" which... is pedagogically "about as bad as I (plaintiff's witness Dr. Alters) could possibly think of." Unlike anything else in the curriculum, students are under the impression that the topic to which they are introduced in the disclaimer, ID, is so sensitive that the students and their teachers are completely barred from asking questions about it or discussing it.

Apparently the judge is tone deaf to irony. He quotes Dr Alters' testimony that a reasonable student observer would conclude that ID is a kind of "secret science that students apparently can't discuss with their science teacher" which he indicated is pedagogically "about as bad as I could possibly think of." and then proceeds to forbid the teaching of ID and the weaknesses in the Darwinian creation story, an unprecedented judicial action in the experience of almost all high school students. Does he not recognize that by banning ID from the classroom he's doing exactly what he criticizes the board for doing?

Accordingly, we find that the classroom presentation of the disclaimer, including school administrators making a special appearance in the science classrooms to deliver the statement, the complete prohibition on discussion or questioning ID, and the "opt out" feature all convey a strong message of religious endorsement.

As we argued above, there's no reason why any of these things have to be seen as an endorsement of religion. There's no reason why they cannot be interpreted as the actions of men and women concerned to avoid the appearance of lending the weight of the school district's prestige to a theory that is a manifest threat to the religious beliefs of students and thus violating the clear intent of Sante Fe.

There's more to criticize, and wonder at, in the judge's opinion and we hope to get to some of it later this week. To read our previous installment in this series on Judge Jones' decision go here.