The Crimson Candle

The Crimson Candle

A man lying at the point of death called his wife to his bedside and said:

“I am about to leave you forever; give me, therefore, one last proof of your affection and fidelity, for, according to our holy religion, a married man seeking admittance at the gate of Heaven is required to swear that he has never defiled himself with an unworthy woman.  In my desk you will find a crimson candle, which has been blessed by the High Priest and has a peculiar mystical significance.  Swear to me that while it is in existence you will not remarry.”

The Woman swore and the Man died.  At the funeral the Woman stood at the head of the bier, holding a lighted crimson candle till it was wasted entirely away.

- 30 -

If a person managed to write just this, they would have to be gauged accomplished, yet Ambrose Bierce reeled these off at any clip he chose. I don't care to connect this one with current events, but I believe that it's connection to these modern times remains self evident.

The Moral Principle and the Material Interest . . .

With this post I begin a series of posts to commemorate the immortal memory of Ambrose Bierce, one of America's great gifts to the world. People like to resolve themselves into gross sides, one or the other. Authors like Bierce slew members on either side, and established an uniquely American skepticism that while may be asphyxiating, is none-the-less alive today.

 The Moral Principle and the Material Interest . . .

A Moral Principle met a Material Interest on a bridge wide enough for but one.

“Down, you base thing!” thundered the Moral Principle, “and let me pass over you!”

The Material Interest merely looked in the other’s eyes without saying anything.

“Ah,” said the Moral Principle, hesitatingly, “let us draw lots to see which shall retire till the other has crossed.”

The Material Interest maintained an unbroken silence and an unwavering stare.

“In order to avoid a conflict,” the Moral Principle resumed, somewhat uneasily, “I shall myself lie down and let you walk over me.”

Then the Material Interest found a tongue, and by a strange coincidence it was its own tongue.  “I don’t think you are very good walking,” it said.  “I am a little particular about what I have underfoot.  Suppose you get off into the water.”

It occurred that way.

- 30 -

So, with the first verse in a much better bible than written by others, Ambrose Bierce wrote that magnificence. Plato had his shot. Shakespeare, too. God, I suppose, but if he/she/kgr (whatever the gender-ambiguous word is) I don't think this is understandable in some languages, but it's perfectly clear in English.

Pretty much all of Washington DC has revealed itself to be mindless knee-jerk unprincipled jackasses less worthy of consideration that Bevis and Butthead because they are uniformly less funny. Thing is, they won't care, because you will pay for their pensions that will pad their multi-million dollar savings ripped off of the public teat. National security? Hah! They're all administrators, going to conferences, playing the DC game with little (but some) regard for the pubic interest. Let's redirect more earnings to meaningless spending. 

It occurred that way.

Is that a fact?

The March for Science is bogus.

I say this as a scientist.

Science does not take sides.

Science does not reveal truths.

Though, it can reveal untruths.

If you think you know something is true, you're probably wrong.

What time did you wake up this morning?

Really?

What timekeeping system are you referencing?

Is it accurate?

... and how precise?

So, you know within bounds, according to one reference system, what time you got up.

Science is that, but much, much more difficult and demanding.

Facts are simpler, but people extrapolate what facts are to truth.

Fact: sun "rises" in the East.

Based on our language and orientation, etc., yes, this is a fact, and we can predict this will continue to be the case for a few billion years. Maybe several. Not worth arguing too much about.

True and truth sound too much alike.

True, but not truth.

For what it's worth...


Is it "true" that Buffalo Springfield's was better?

Which one?

Is that the truth?

Can you prove that, empirically?

Does mob rule, really rule?

Is that our measure?

Can you tell which version I like best?

Do I like any of them at all?

Hmmm...

Will Trinity Lutheran Church prevail?

Well, they just might.

I just got done reading the transcript of the oral arguments [PDF] before the Supremes in the case of Trinity Lutheran Church v. Comer. Ginsberg can flying out of the chute citing Everson (1947):

... this Court said in no uncertain terms what the Framers didn't want was tax money imposed to pay for building or maintaining churches or church property.

That sounds like something Clarence Thomas might say. I was thinking that this was going to be a "why are we even here" moment and Roberts would invite everyone to head up to the ball court to shoot some hoops.

But no.

There wasn't a whole lot of parsing or twisting in the questions asked of David Cortman, Esq., representing Trinity Lutheran, but a little on how not being able to take advantage of the ground tire program would be a great threat to the practice and fate of the free exercise Lutheranism in the Show Me State.

James Layton, Esq., however, did not get of so lightly. Many of the Supremes seemed to be unwilling or unable to distinguish between general public benefits which might incidentally accrue to a church, or any other organization or individual, like fire protection and law enforcement, on the one hand, and limited benefits in the form of direct cash payments or other material nature distributed by the state on the other. Breyer came up with this hypothetical "State X" which seemed to get Layton wondering WTF this was all going:

Breyer: I mean, we imagine a State, State X. And State X says, we're not going to provide police protection. We will for everybody, but not a church. And by the way, that costs us extra money. We have to hire extra policemen -- revoke. Okay That's all. Why not?

Layton only manages a "That..." before Breyer continues:

We don't want -- we don't -- we don't want to because they're a church. That's why not. Same with fire protection. Same with vaccination programs. Same with public health. Same with with helping children who get sick at school. Okay? But as soon as you answer that, I'll be able to know that ask you a question and how does this differ. Okay?

Again, Layton only gets out a "Well... this differs..." before yet another Breyer smackdown for not being able to understand a question as simple as "Okay?":

No, I'm not asking that yet.

This appears to have prompted some laughter. Breyer gets some more when he clarifies and asks if Layton thinks these would be constitutional, and Layton wisely declines to take a position. I say wisely, because this is all nonsense. You don't vaccinate churches, you vaccinate individuals. If you didn't vaccinate a Lutheran because they're Lutheran, well, that doesn't fly. The benefit of fire and police protection do not accrue exclusively to a church -- they accrue more generally to the community and perhaps individuals case by case (stopping an assault of a church member on church grounds). A direct cash benefit to improve the church grounds is something completely different, even if the general public might enjoy some benefit as a result, as would have possibly been the case in the improvement of the playground at Trinity Lutheran Church.

Now, a I've said before, just because a law is constitutional, as in my opinion Blaine amendments are in general and Missouri's in particular, I don't mean that they are necessarily a good idea. I don't think they should be struck down just because a Supreme Court justice cannot summon the analytical power to resolve the difference between fire protection and a cash payment. No, if this one gets struck down it's because they just want to.

Then get ready to hold your hats because it's going to be Katy, bar the door.

Interestingly, one of the primary motivations of the Blaine amendments was to protect public schools by preventing funds being diverted to religious institutions. Striking them down out of hand will put extreme pressure on the public school systems, especially distressed ones, and the outcome is difficult to seem, but I'm confident there will be significant thrash. Now, I'm all for experimentation in education and skeptical of top-down approaches to it. And maybe widespread creative destruction is what we need. But I think prudence would dictate that Blaine amendments and related laws should be restricted and clarified depending on the requirements of the individual states, and let them figure it out, rather than just toss them out because a few Supremes just don't like them.

ACLU has a strong Brief of Amici Curiae in Trinity Lutheran

Of course, the ACLU would come out guns a blazin'! [PDF] I get their perspective, it's well-grounded in the history and intent of the Founders, and well argued. But here's the thing: while Blaine amendments are Constitutional (IMO), I don't think that religious organizations should be excluded from receiving public funds if the process by which the funds are distributed are non-discriminatory and the use of the funds are for non-religious purposes (e.g., if secular or people of other religions would be doing the same thing (e.g., swinging on swings)) should be proscribed by what has been written into the Constitution. Trinity Lutheran needs to get bounced because Missouri's Blaine amendments are Constitutional, not because Trinity Lutheran's receipt of funds is contra the US Constitution as written.

PS Editors are a good thing...

Blaine amendments: being Constitutional doesn't make it a good idea

The Supremes are hearing Trinity Lutheran Church of Columbia v. Pauley [SCOTUS Blog], which is pitting the State of Missouri against a Lutheran Church who wanted to participate in a grant program to cover their playground in ground up tires. Now, per the SCOTUS Blog link above and elsewhere, Trinity Lutheran Church has attracted a bunch of brief amici curiae to their cause. Now, one problem with many of these briefs is that the focus too much on the original intent of so-called Blaine amendments, because of the blatantly anti-Catholic attitude of its principle advocate James Blaine. Before trying to understand the intent, let's take a look at Missouri's implementation:

“That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.” Missouri Const. Art. I, § 7.

“Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.” Missouri Const. Art. IX, § 8.

Now, as that is written, I don't see anything in the US Constitution that would prevent Missouri from implementing that as written or repealing it. The equal protection appeals to the Fourteenth Amendment seem to be a bit of a stretch because it does not unduly "abridge the privileges" of citizens that they might not be able to realize through other means. And it's perfectly sound on the Establishment Clause -- it's the Establishment Clause on steroids.

Now, that all said, that doesn't mean that just because I think Blaine amendments are Constitutional, that I think they're a good idea. If a private, secular school can get a grant for ground up tires for their playground, it seems that Trinity Lutheran and Darth Vader's Home for Wayward Sith should be able to get a grant for ground up tires, too. The absolute proscription of public funds falling into the hands of religious organizations through programs that are more generally available, is, in my opinion, foolish and short-sighted. The Establishment Clause does not proscribe government at any level working with religious organizations to further public goals.

The answer to the problem of Blaine amendments is not to have the Court say it hurts their feelings and makes them feel bad and because it was born of anti-Catholic sentiment or whatever, that people can feel free to ignore it, or strike it down because they don't like it. It's bad law. Repeal it, Missouri. And all the rest of the states who have them, too.

Francis Hutcheson rocked the Scottish Enlightenment like Jimmy Page just rocks

Get to know Francis Hutcheson. He rocks. Like Jimmy Page rocks. Funny, they're both rocking the same look. I guess some things never go permanently out of style.

Our system of "education" in the United States is woefully broken in that the median is so hell and gone away from the average. What do I mean by this? The distribution is skewed such that if you line all the students in a particular grade up from least to best educated and picked the kid in the middle, he'd be way below average. The way this happens is that most kids get a crap education, and a few kids get among the best educations in the world, which leaves the median on the crap side of average. What's worse is that there is a delusion of education in which credentials are equated with achievement and by reaching some arbitrary milestone (e.g., "graduation") you're "educated". You have a BS-MA-PhD in (insert random-ass wtf-ever here) Studies. Great. You ever cover, say Conservation of Momentum? Arma virumque cano? WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another?

Alas.

Well, this dude Francis freakin' Hutcheson was philosophy's first rock star. Instead of lecturing in Latin, he figured he'd lecture in English thereby expanding his audience from the Latin speaking world, to the English speaking world. We can be Lockean in our understanding of the self-evidence of which world was bigger. His intellectual progeny include Adam Smith and David Hume and many of the Founders of the United States of America. He was the Velvet Underground of philosophy; he might not have sold very many albums, but everyone who bought one became a philosopher. Except he *did* sell a bunch -- he was very popular. As if VU was Led Zeppelin.

Thank you, Scotland!