Tuesday, January 6, 2009
Art and Public Funding
The first problem with the system is that art, by its very nature, is so subjective that the difficulties in determining which projects should be funded are problematic. It will always be left up to the interpretation of the leaders of the NEA what constitutes worthwhile projects. Inevitably, there will be public disagreement about whether a project is worthy. A large part of this is that the very people chosen to be a part of the NEA are not going to be in the mainstream of American education or values. Anyone who believes that a crucifix in a jar of urine is not offensive and is worthy of public funding is clearly outside the mainstream of public opinion. The art community will, of course, argue that the very nature of art is to be provocative. While that may be true, it in no way obligates the use of tax funding to subsidize the making of such projects.
My older brother, who is one of the smartest people I have ever known, once told me that a project like that was art because it “evoked an emotional response”. I argued in response to him that if someone was to make a bowel movement on the hood of my car, it would certainly evoke an emotional response in me and I wouldn’t consider it art. Additionally, what I would do to that person would certainly evoke an emotional response from him/her and that person, while traveling to the medical facility, would not consider my response performance art. It would, however, be nice if the police said no charges could be filed because I was just doing some “art”.
After the conversation with my brother, the analytical side of me reared its head and I decided I needed some objective criteria for what I considered art. So, here are a few that I came up with in a short time:
1) If I can do it, it isn’t good. I am absolutely terrible at painting anything other than a wall in a house. If art work consists of randomly throwing something at a canvas, scribbling nonsensical figures, pouring something to have it splatter, dropping something out of a flying plane, or especially, using bodily fluids, it sucks because I can do that. I am not sure who decided that three I-beams stacked up and painted orange is art but you see that same crappy thing in front of buildings everywhere. Once again, I can do it, so it sucks.
2) If you have to explain it to me, it isn’t good. Quality pieces of art have some intrinsic beauty or force that allows one to just know it has merit when seen. If I have to listen to some long-winded explanation about how it represents mans constant struggle to revive the extinct Dodo bird, the artist is not an artist, he is a bullshit artist. I can look at anything Rembrandt painted and just be awed by the lighting and mastery contained in the painting. Anyone can look at a Michelangelo statue and have no question of the mastery in his hands. I don’t need Rembrandt or Michelangelo to come back from the dead and explain it to me.
3) If you can’t sell it, art is your hobby, not your job. I play the guitar pretty well and sing while I am playing. That does not make me a professional musician. I do not expect the United States government to fund my upcoming CD costs. I don’t believe that Brad Paisley, Josh Groban, or the Rolling Stones expect funding for their recordings, either. If no one likes what you are producing enough to purchase it, you should at least consider the idea that your art work is not good. There are thousands of “actors” in Los Angeles who have never made dime from the entertainment industry. If you are making your living bussing tables, you are a potential actor but not a professional one. In fact, you are a bus boy. A struggling artist is a pseudonym for someone who can’t make a living from art. My previously mentioned brother is a very successful writer but he always had a job in addition to writing and didn’t expect taxpayers to subsidize his work.
4) Funding for art education is a legitimate use of tax dollars. The idea of having a broad educational experience for children in public schools, including art and music is a good thing. When you consider the current state of commercial television and the pop recording industry, it is clearly in the interest of all people in the country to have kids exposed to some quality. Classical music, jazz, poetry, classical literature, and art all deserve a place in education. I will also add that they should be in addition to, not in place of, reading, mathematics and science. I would much prefer kids to know the story behind the 1812 Overture than what “I’m gonna do with all the junk in my trunk”.
5) Good art and literature stays good. Charles Dickens books are still good all these years after he has departed. Leonardo DaVinci's works still inspire awe despite the hundreds of years since he produced them. He is another one who doesn't have to come back and explain them. Anything that is trendy and doesn't stand the test of time exposes itself for what is is... bad.
When the outlay of public funds for art projects is left in the hands of a small group of people chosen because of their out of the mainstream radical views, it is inevitable that curious and outrageous decisions will be the result. Their response is the typical left response of “You just don’t get it” because anyone who disagrees with them must be stupid. Recognizing trash when you see it is not one of the prerequisites for stupidity, however, not recognizing it certainly is.
Tuesday, December 30, 2008
Judical Activism
When the founding fathers of the United States designed the mechanics of the government, they made the passing and changing of law difficult. To people desiring changes in the law, it can be frustrating to watch the sniping and deliberations which go into the passage of legislation. It has been famously said that “no one should see how sausages or laws are created”. It seems inefficient and more difficult than it needs to be. That is not coincidence. It was designed to be that way from the beginning and it is very intentional. At the time that the ratification of the United States Constitution was being debated, there was a lot of wariness of a strong central government and allowing the central government too much power. After all, the country had just fought a long and bloody war to get out from under a too powerful government which was not responsive to the needs of the people.
It was precisely because of the suspicion that central government which was too powerful would be subject to trends and to shifting political winds that the constitution was written the way it was. It takes deliberations in both the House of Representatives and the Senate separately, and then agreement between the two bodies before the bill being considered is even sent to the President. All of those steps were meant to ensure that fads and short-sighted trends were not constantly causing changes in law which were fickle and subject to whim. Political preferences in the United States are cyclical and the founding fathers knew that in order to have stability, the law must have some consistency.
Keeping those ideas in mind, the changes which are, by design, most difficult to make are changes in the constitution itself. A change to the United States Constitution requires involvement of all of the state governments and two-thirds of those governments must ratify the amendment. This is a Herculean task by any measurement. It is supposed to be. All of the articles of the constitution were hammered out in long debate and compromise in which all sides strenuously argued the merits. It is not something to be casually changed on a whim.
The constitution specifically delegates the power to create law to the legislative branch. The legislative branch is designed to be most representative of the governed population. Any idea without merit will not get through the scrutiny of the elected legislators because in short order they will be facing those same people asking to be re-elected. The country tends to be reluctant to wholesale radical change and so these processes allow progress to be generally very methodical with some notable exceptions. By definition, every constitutional amendment is a big change.
Liberal political thinkers got frustrated by their inability to pass legislation that agreed with their political views so they found a way to get around the constitution. They found activist judges. The idea is that they can find a judge who agrees with whatever interpretation of the law they want codified and they argue a case in front of the judge. The judge then rules that the law is only constitutional if it is rewritten the way the judge wants it. In that way, the legislature becomes powerless to change or adapt the law in any way other than the judge wants it.
There are a number of problems with this approach. The first is that the legislative branch is delegated the authority to create law specifically because they are accountable to the people in open elections. Federal judges are political appointees who, except in cases of malfeasance or criminal conduct, are accountable to no one. The second problem is that case law from one area of the country can be used as precedent in another part of the country. This allows creative and radical decisions by rogue judges to spread like malignancies across the country. It is a well documented phenomenon that liberal lawyers "shop" cases around until they find a favorable federal judge and try the case in that district or circuit. The third problem is that an isolated federal judge making a decision creating law removes the entire deliberative process installed in the constitution specifically to prevent trendy and whimsical changes in federal law.
A constitution which constantly changes shape like an amoeba and adapts without deliberation and debate and the input of the legislatures is no constitution. There is no stability and no consistency and besmirches the system of government on which our country’s very existence is based. Judges who create law are not interpreting law, as the constitution intended and specifically states, they are pseudo-monarchs creating law without accountability. The American Revolution was fought to divest this country of just such a system of government.
Wednesday, August 20, 2008
Olympic Judging and Other Impressions
Has anyone else noticed the seemingly endless parade of screw jobs in the Olympic judging concerning the Chinese athletes? Don’t get me wrong, some of them are just awesome. The guy on the still rings looked like Conan the Barbarian and did stuff that seemed impossible. The female springboard diver was clearly the best. But, when a Chinese female does a vault and falls to her knees and gets the same score as the All-Around Champion who sticks her vault, something stinks. Before the gymnastics fanatics go crazy, yes… I understand start values, deductions, etc. and the way the system works. Nastia Liukin also nailed her uneven parallel bars routine and scored lower than the Chinese female with multiple obvious faults. One judge scored her execution 9.0 and the Chinese girl 9.3 despite many more obvious mistakes by the Chinese gymnast. I don’t think it is a conspiracy but may just be a bunch of judges trying to please the home fans. The overall impression stinks like old fish. Bela Karoly did have an excellent point when he suggested that the Olympics get rid of the 16-year-old rule. The Chinese girls were clearly not sixteen but certainly were good enough to be in the competition. Why make governments falsify passports when everyone can clearly see they are underage? If they are good enough to compete, let them.
There are a lot of Americans complaining because softball and baseball are being dropped from the Olympic Games. I don’t believe they should have ever been there. I know there are professional track athletes but I would generalize that any sport with popular professional leagues probably shouldn’t be an Olympic sport. Olympic tennis? Give me a break. I was as excited as anyone to see the American/Russian hockey game back in the day but those were college players. I don’t want to see the NHL, NBA, NFL, MLB, or FIBA rehashed like another set in a series of pick up games. Some sports only get attention during the Olympics, like rowing, real wrestling, weightlifting, badminton, etc. Despite the sacrifices made by those dedicated athletes who don’t get big endorsement deals and huge contract salaries, all of the TV coverage seems to be of the NBA stars, and the bikini-clad beach volleyball players who are making a fortune regularly. I guess the up side to beach volleyball is that the outfits piss off a bunch of fanatic Mullahs.
All told, the Olympics, to this point have been schizophrenic. The greatness of Michael Phelps and Usain Bolt’s accomplishments have been stirring but the judging and lack of coverage of the lesser-known sports is disappointing.
Thursday, June 26, 2008
Judicial Activism and the Courts
I have become more and more interested in this subject recently after a number of court rulings, particularly by the United States Supreme Court. I have looked into several interesting decisions specifically because of the liberal use of the courts to establish law. My previous posting was about the danger of more liberal nominations after the next election should Barack Obama win the election and the Democrats control the Senate. This time let us look at a couple of specific cases.
Tuesday, June 3, 2008
Judicial Nominations and Politics
Let's start with a couple of references from the United States Constitution:
Judicial activism has been responsible for a number of liberal causes becoming law. The recent same sex marriage opinion in
The Republicans, on the other hand, are pushing for the Presidency so that more “strict constructionist” judges will be in place. Conservatives feel that by replacing even one of the liberal justices (Justices Stevens, Ginsburg, Breyer, or Souter), the direction of the court will be shifted. Chief Justice Roberts and both Justices Alito and Thomas are in their 50s. Only Justice Scalia, of the conservatives, is significantly older (72). Justice Kennedy, thought to be in the middle, is 71.
Saturday, May 10, 2008
The Republicans Join the Suicide Pact
Recap of Recent Political Events
Florida and Michigan: First, let’s look at the electoral map. The way that the country is divided by historically Republican and Democrat states means that to win the Presidency, the candidates have to win two out of three of Ohio, Pennsylvania, and Florida, assuming they win all the normal red and blue states. That the Democrats have managed to upset the people in Florida and Michigan is pretty poor strategy. John McCain, because of his record of support for Israel and other issues, will run strongly in Florida. The last thing the Democrats need to do is irritate the voters there. Florida has elected Republican governors and has a Republican Senator. Except for the famous “hanging chad” areas of West Palm Beach, Broward, and Dade Counties, the state is primarily conservative. The Democrats are trying to blame the Republicans for the dilemma but the original piece of legislation introduced to change the date of the primary was introduced by a Democrat. That makes the “Republicans are to blame” argument hard to sell. Michigan will likely go Democratic unless they feel disrespected by the national party. There are currently no plans by the Democrats to revote. Therefore, any seating at the convention will be a non-representative appeasement, thus telling the voters that we can vote in your stead. It is bad politics all around. Howard Dean is looking remarkably ineffective as Democratic Party leader.
Hillary Clinton: The Clintons (you have to bunch them together) never cease to amaze. One the one hand, you have to give them credit for relentlessness going back throughout their entire public life. On the other hand, organized crime is relentless. The Clintons have historically complained about the “politics of personal destruction” but it has paradoxically always been their favorite weapon against their opponents. In the last day, she has again begun to plant more racial wedges by stating to USA today that, to paraphrase “the white voters are moving away from Obama and that makes me the stronger general election candidate”. There is a theory by Dick Morris that she is weakening Obama so that she can run in 2012. It looks more like she is using the scorched Earth strategy and will never bow out. It does lend credence to Morris’ argument that if she does manage to wrest the nomination from Obama on some sort of technicality, she is likely to lose in November anyway because several traditional Democratic constituencies would never support her. Therefore, wresting it away doesn’t seem to make sense.
Barack Obama: He is in an interesting position. He claims to be the candidate that will “cross party lines and bring people together” although he has a record diametrically opposed to doing that. He is the single most liberal Senator in the Senate and routinely refuses to join bipartisan coalitions. He also wants to change “politics as usual” but has himself and his representatives constantly lying about McCain’s statement about the security force in Iraq despite knowing better. He is going to have a hard time running as a moderate when nothing in his record remotely suggests he would ever take a moderate position. Obama should get a bump in the polls after he clinches the nomination and after the Democratic convention. Obama always seems to poll higher than he actually does in the voting. It is an interesting phenomenon.
John McCain: McCain has always been an independent thinker. It some cases (Iraq, federal judges) he is very conservative. On others (immigration, environment), he is moderate. The conservatives are complaining that he is not going ultra-conservative to please “the base of the party”. To win the general election, that would be a huge mistake. Why anyone expects him to change from the last twenty-five years is silly. Additionally, we won the primaries running as himself. Why would he make a disingenuous change at this point after watching how “flip-flopping” hurt John Kerry, Mitt Romney, and Hillary Clinton?
Issues: The economy – Obama wants to raise the capital gains tax despite the fact that every time the capital gains tax has been lowered, government revenue increases because the economy expands. McCain wants to lower the tax to keep industry in the United States. Obama keeps speaking of how opportunity exists in the United States but if you do manage to get rich, the government will take your money away in taxes on the rich.
Health Care – Obama wants universal care through a government program which will raise taxes and will not affect prices. McCain wants to have individuals buy their own policies so there will be competition and prices will lower. Additionally, this allows portability of policies between jobs.
Iraq – Obama wants to remove troops from Iraq regardless of the conditions there; McCain wants to continue the fight until we win.
Judges – Obama conforms to the Democratic position that since they cannot get the liberal agenda through elected legislatures, they will appoint activist judges who will create law through judicial fiat. McCain want to appoint judges who will interpret law rather than create it. Of course, that is what the United States Constitution says should happen.
One of the Democratic “strategists” Robert Zimmerman stated on CNN last night that the race would be between a “conservative Republican” and a “main-stream Democrat”. There is a load of manure if you ever heard it. McCain is a well-known moderate whom the conservatives are complaining about and Obama is the single most liberal Senator in the United States Congress. It is disgusting to hear both the right wing and left wing commentators spit out their vitriol. I almost e-mailed Bill O’Reilly about that. He calls his show the “no spin zone” but after every interview, he always has two “strategists” from either side who come on the show to do nothing other than “spin” the interview answers shamelessly.