Let the Golden Age End

by publius

If I were the plaintiffs in the Heller Second Amendment case, I would file an amicus brief with nothing but the HBO John Adams mini-series attached. Looking back to 18th century Boston, it’s much easier to see how guns and militias provided important checks on government overreach. The problem, though, is that the colonial era has passed. The expansive gun rights of that era would have far different effects in post-industrial urban society.

And that leads to one of my broader criticisms of American conservatism — from the Progressive era on through to today. Certain strands of American conservative thought have never quite come to terms with the realities of modern life — and more specifically, with the shift to industrialization and urbanization. The failure to look at modernity squarely in the face is particularly evident in law, but extends to non-legal contexts as well. I’ll start with the law though.

To repeat, the broader point is that several strands of conservative jurisprudence seem to assume a world that doesn’t exist anymore. Specifically, they assume a world where urbanization and industrialization hasn’t happened.

The Heller gun case provides a perfect example. Personally, I think the Second Amendment is textually indeterminate – i.e., the text could plausibly support either a collective or individual-based right. For that reason, parsing commas in this context is rather pointless. If there are two equally plausible textual readings, then the question should shift to policy – what should we do? What are the consequences of selecting one reading over the other?

The answer, I think, turns on the type of place you live in. If your world is 18th century Massachusetts, then broad gun rights make a lot of sense. If your world is a densely-populated housing project in the Bronx, then broad gun rights make much less sense. Indeed, they create very dangerous environments. And if your world is rural Montana, then the policy rationale shifts back the other way. Given these variations, it seems like the obvious answer is to defer to legislatures (which requires a more collective view). The elected leaders of Montana can do what they want, while DC can do what it wants. And long as Congress doesn’t ban militias, we’re all good.

The broader point, though, is that the analysis should acknowledge changing conditions. Extreme gun rights advocates like to pretend we all live in John Adams’ world. In that world, millions of complete strangers don’t live right on top of each. There, militias actually do further liberty. In our world, however, things are different. Millions of strangers are in fact clustered together. In our world, nuclear-powered industrialized armies have far more formidable weapons than muskets and cannons.

To be clear, I’m not saying we should ban guns. I’m just saying the Second Amendment is an artifact from a different era, and that its artifact-ness should influence our reading of it. More specifically, the fact that it’s a relic of the musket era should, at the least, allow modern legislatures some leeway in interpreting it.

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Quick Links (Obama Edition)

by hilzoy Some interesting pieces: (1) Spencer Ackerman has a very good piece on Obama’s foreign policy team: “They also share a formative experience with each other and with Obama. Each opposed the Iraq War at a time when doing so was derided by their colleagues, by journalists, and by the foreign-policy establishment. Each did … Read more

“Seriously Misguided”

by hilzoy

Some people have wondered: in all those retrospectives on the fifth anniversary of the invasion of Iraq, why were there so few people who actually opposed the war from the outset? Megan McArdle thinks that that’s “seriously misguided”:

“We learn by gambling on what we think the best answer is, and seeing how it turns out. Most of us know that we have learned more about the world, and ourselves, from failing than from success. Success can be accidental; failure is definite. Failure tells us exactly what doesn’t work.

Failure tells us more than success because success is usually a matter of a whole system. And as development economists have proven over and over and over again, those complex webs of interactions are impossible to tease apart into one or two concrete actions. Things can fail, on the other hand, at a single point. And even when they fail in multiple ways, those ways are usually more obvious than the emergent interactions that produced a success. (…)

The people who were right can (and will) rewrite their memories of what they believed to show themselves in the most attractive light; they will come to honestly believe that they were more prescient than they were. (…) The people who failed will also do this. But unlike the people who were right, there is a central fact stopping them from flattering themselves too much: things are blowing up in Iraq and people are dying. Thus they will have to look for some coherent explanation.”

There’s something right about what McArdle says, and something wrong. To start with the first: most of us sometimes get things right, and sometimes get things wrong. Suppose God grants you the chance to question someone about an important decision, and gives you the choice: would you rather question that person after she has screwed up, or after she has gotten something right? Other things being equal, I think I’d rather question the person after she screws up, for more or less the reasons McArdle suggests. Notice, though, that in this case, we have to choose whether or not to question one and the same person after a success or a failure. The identity of that person, and with it, her good or bad judgment, her wisdom or naivete, and so forth, is held constant; and this is essential to the example.

The question McArdle claims to be asking is a different one: given a particular decision, would you rather question the people who got it right or those who got it wrong? Here what we hold constant is not the people we question, but the decision itself. And that makes all the difference in the world.

Different people have different track records. On foreign policy, George Kennan had a very good track record: he got a lot of things right, including some very difficult ones. That is in large part due to the fact that he knew a lot and had exceptionally good judgment. Jonah Goldberg, by contrast, has a terrible track record: he gets things wrong all the time, and when he gets them right, it seems to be more or less by coincidence. That is because he knows almost nothing and has terrible judgment. Their respective track records mean that on any given decision, people with good judgment, like George Kennan, are much more likely to have gotten it right than to have gotten it wrong, while the opposite is true of people with bad judgment, like Jonah Goldberg.*

If I ask myself whether I would rather hear from the people who got a given question right or wrong, I can assume that the people with good judgment on questions of that type will be overrepresented among those who got it right, and underrepresented among those who got it wrong; and that the opposite will hold true of the people with bad judgment. So one way to think about the question: who would I rather hear from? is that it is a question about whether I would rather hear from people likely to have good judgment, like George Kennan, or people who are likely to have bad judgment, like Jonah Goldberg. This is, frankly, not a hard call to make at all.

However, as McArdle notes, a given person who has just gotten something very wrong is more likely to have something interesting to say about it than she would be had she just gotten it right. If the differences between people with good judgment and people with bad judgment were very small, or the additional insight conferred by confronting one’s own errors were very large, then the effects of having just made a mistake might be big enough to swamp the effect of having good judgment overall. In that case, even though the people who got something wrong would be likely to have had worse judgment initially than the people who got it right, the fact that they had just gotten something wrong might make them suddenly become more interesting and better to talk to, on the whole, than the group who got things right.

Obviously, though, this isn’t the way it works. First, the difference between George Kennan and Jonah Goldberg is very, very large. Second, the fact that Jonah Goldberg has terrible judgment doesn’t just lead him to screw up foreign policy; it also makes him far less likely to learn from his mistakes than George Kennan would. Someone who is thoughtful, perceptive, and insightful, and who had gotten the Iraq war wrong, might find his or her judgment changed forever, in very interesting ways. (Then again, George Kennan would be almost as likely to learn something really interesting from observing other people’s errors. He would be interesting to talk to either way.) Jonah Goldberg, by contrast, seems to have learned nothing whatsoever from his mistakes. And this doesn’t seem to be entirely unrelated to the defects that made him get Iraq wrong at the outset. He was a shallow, thoughtless idiot then, and he is a shallow, thoughtless idiot now.

And this is what’s so wrong about what Megan McArdle says. She is making an argument whose natural application is to the question: given one person, would you be likely to learn more from her after she had gotten something right or after she had gotten something wrong? And she is extrapolating it to the quite different question: would you rather talk to the people who got a given decision right or wrong? It would be fine to extrapolate in this way if the fact that someone got that question right or wrong showed nothing whatsoever about their wisdom or judgment; if the George Kennans and Jonah Goldbergs of this world were tossed at random into either category.

But that’s not the way things work. Decisions reveal things about those who make them. People who get them right are, on average, more likely to have wisdom and judgment and insight than those who get them wrong. This means that they are both more likely to be worth talking to in general, and more likely to profit from any mistakes they make, than people who get them wrong.

This is what McArdle missed. It’s an interesting omission for someone who, by her own account, got Iraq wrong.

In her post, McArdle suggests that people who get a decision right are likely to revise their memories “to show themselves in the most attractive light”, and that this kind of self-deception is more difficult for those who got it wrong. Her own post, with its implicit assumption that major errors do not reflect anything about the judgment of those who make them, suggests that people who get things wrong are just as prone to self-deception as the rest of us.

(See also: Richard “we were right to be wrong” Cohen.)

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Bad News

by hilzoy This could be very, very bad news: “Serious fighting broke out Tuesday in Basra and Baghdad, Iraq’s largest cities, between restive members of Iraq’s biggest Shiite militia and Iraqi Army forces backed by American troops. The scale and intensity of the clashes kept many residents home in Baghdad. Barrages of what appeared to … Read more

Getting Past the Past

by publius At the Plank, one of Dayo Olopade’s commenters asks why exactly race is making older Democrats reluctant to vote for Obama. The simple answer would be that older Americans are more racist. But that’s not quite right. The real answer is more innocent – and more interesting – than that. It’s that older … Read more

Where’s The Gratitude?

by hilzoy

I was just going to ignore Pat Buchanan’s screed on the subject of Obama’s speech — in many ways, its title, “A Brief For Whitey”, tells you everything you need to know about it. However, on reflection, I did want to highlight one bit:

“First, America has been the best country on earth for black folks. It was here that 600,000 black people, brought from Africa in slave ships, grew into a community of 40 million, were introduced to Christian salvation, and reached the greatest levels of freedom and prosperity blacks have ever known.

Wright ought to go down on his knees and thank God he is an American.

Second, no people anywhere has done more to lift up blacks than white Americans. Untold trillions have been spent since the ’60s on welfare, food stamps, rent supplements, Section 8 housing, Pell grants, student loans, legal services, Medicaid, Earned Income Tax Credits and poverty programs designed to bring the African-American community into the mainstream. (…)

We hear the grievances. Where is the gratitude?”

I’m not going to focus on the idiocy of going on about how grateful blacks should be to whites without so much as mentioning the two centuries of slavery, the century of peonage and terrorism, and the fact that when blacks finally won civil rights, it was hardly due to a spontaneous surge of generosity on the part of whites. I take it that’s all too obvious to be worth saying. What I do want to focus on is the peculiar idea that things like “welfare, food stamps, rent supplements, Section 8 housing, Pell grants, student loans, legal services, Medicaid, Earned Income Tax Credits and poverty programs” constitute things whites did for blacks. Because that’s just false. Ta-Nehisi Coates:

“There is a lot wrong here, but one central thread of errant logic undergirds it all. Buchanan, like most racists, doesn’t actually believe that African-Americans are Americans. This isn’t an interpretation, Buchanan’s argument that white Americans, in the form of social programs, have done more for black people than any group (including presumably the entire Civil Rights Movement!) assumes that black people have never paid any taxes for those programs. He quite literally doesn’t categorize black people as Americans, but useless layabouts who’ve never contributed anything to the country.”

Taking Buchanan’s errors one by one:

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McCain On Taxes

by hilzoy Robert Gordon and James Kvaal have done us all a service by examining McCain’s proposals on taxes. According to his website, McCain wants to do the following: (a) Repeal the Alternative Minimum Tax. The AMT was designed to keep the very rich from using loopholes to avoid paying any taxes. Unfortunately, the cutoff … Read more

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by hilzoy

Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead. Dead.

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