Repurposed

This blog has been "repurposed" from when it was used in conjunction with a former book club on history, politics, and economics.

Sunday, June 6, 2021

Equity in Healthcare and Beyond: An excuse for government to get involved with literally every aspect of your life

The word “equity” is trending right now, being used by many good people who want a kinder, gentler society. The AMA, AACN, and ANA all have equity statements. Here is an example from the National Academy of Medicine’s publication: The Future of Nursing 2020-2030: Charting a Path to Achieve Health Equity:

“Health inequities, including diminished life expectancy and poor health outcomes, vary based on race, ethnicity, culture, sexual orientation, gender identity, age, and socioeconomic status.”

Equity advocates proclaim that, because of systemic racism in America, some people hold all the power and are treated well--the rest are not. How many people fall into the privileged category if we factor in each of the above attributes? Do the math (well, I’ve done it for you, as follows): According to Census.gov, 61% of the U.S. population are neither children nor elderly. 50.8% of these are female, so around 30% are non-elderly adult males. 76% of the population are “white only,” so that brings the percent of non-elderly, adult, white-only males down to 23% of the population. Then if we subtract another category which gets virtue points, disabled people under age 65, which is 8.6% of the population, that brings us to 20.93% of the population being non-disabled, non-elderly, adult, white-only males--so they’re the privileged ones?  

But equity advocates (for example, see Alspach, 2016) also specify that other attributes cause healthcare inequity. Those who are nonheterosexual (5.6% of the population), obese (36.5%, plus another 32.5% of American adults who are overweight), have mental illness (20.6%), have AIDS (0.03%), have a felony conviction (8%), live below poverty-level (10.5%) and/or have a substance use disorder (16.65%) are purported to suffer from concerns regarding sub-standard healthcare. These attribute categories overlap with each other, so the math is foggier when adding them in, but it’s readily apparent that, of the 20.93% of non-disabled, non-elderly, adult, white-only males, probably at least half of them would have at least one of the above attributes which are deemed to convey victimhood.  

Where does this leave us? We’re now down to about 10% of the population who are the supposed oppressors of the other 90%; who, it’s said, hold all the power and get all the privileges. This is a fantasy, and a dangerous one. Vilifying any group of people based on their identity leads to nothing good (Rufo, 2021), but refuting it is easy. Physicians are to society as a sentinel species is to an ecosystem, and current data shows that though 76% of the U.S. is white, only 56% of physicians are white (AAMC, 2018). Should we increase the quota of white admissions to medical schools--excluding minorities? The AMA Equity Panel spotlighted in this Chamberlain University retweet wants to do just the opposite, slap racial quotas on medical school admissions, further decreasing the percentage of white doctors (or just white males? What if you’re biracial? What if you’re African American but your adopted parents are white, like my three kids? Can my kids get into medical school? It all falls apart under scrutiny). 




But there's a deeper issue. The policy statements relating to healthcare inequity are problematic, and I believe can cause harm to society in several ways. Just at a time when we need more nurses--there are 100,000 vacant jobs (ANA, 2021), the social justice advocates are demanding that nurses take on a mission to tinker with the “social determinants of health and health equity”: “the conditions in which people are born, grow, learn, live, work, play, worship, and age – coupled with the distribution of money, power and resources” (World Health Organization, 2016; Healthy People 2020, 2016).” In other words, everything that makes up our lives should be scrutinized and controlled.

The report goes on to say that, “By 2023, state and federal government agencies, health care and public health organizations, payers, and foundations should initiate substantive actions to enable the nursing workforce to address social determinants of health and health equity more comprehensively, regardless of practice setting (NAM, 2021).

How could "equity" come about and what would be the pros and cons of proceeding with such a large project?  Who is qualified to wield such absolute power (to enable the nursing workforce to address every aspect of life)? Those writing such grandiose statements want us to believe that  nurses can be these superheroes, but it is hubris. For at least two hundred years now, social planners have gathered scientists, economists, medical professionals, business and finance professionals, etc. and come up with plan after plan to create utopias in various countries around the world. All have failed and the cost in human life and suffering has been vast.  

Besides the plain fact that it's unethical for one person to take something from someone and give it to someone else, there are insurmountable practical problems. Economist F. A. Hayek states that “The knowledge of the circumstances of which we must make use never exists in concentrated or integrated form, but solely as the dispersed bits of incomplete and frequently contradictory knowledge which all the separate individuals possess.” 

Even the best interdisciplinary collaboration cannot begin to untangle all of the factors needed to plan for the health and well-being of everyone. A community organizer may intervene/plan/organize/spend to fix a problem that is actually not a big concern for many of the residents in a community. The “local knowledge problem” of economics states that in a system of any magnitude there is an infinite complexity aspect which defies the ability of the best of planners. For example, as a community health nurse perhaps I become concerned about the lack of sidewalks in a community as a health risk, and convince the local planning board to spend money on installing them. That is good for some people. But before my intervention and activism, the money had been earmarked to build a new handicap-accessible pool, so that disabled people can take advantage of the health benefits of swimming. Now they’ll have to wait until the next fiscal year for a pool they can use, so it’s bad for them. And without either of these spending plans in place, the money could have been left in the hands of those who earned it to spend as they please, whether on new running shoes or a new wheelchair. 


The Relation of Positive Rights to Bureaucracy 

Living near Washington D.C. I have been aware of various groups collaborating to fix problems as complex as fiscal policy and climate change (my husband is a Ph.D. economist and worked on and off Capitol Hill for decades). The policy initiatives trending now related to equity are just as multifactorial, and just as likely to entail large power grabs on behalf of government agencies, with money and privileges funneled down to preferred groups. 

The textbook Community/Public Health Nursing notes that “Human rights violations occur when governments fail to provide their people with the infrastructure, services, and information necessary to promote health, reduce risk, and control disease”  (Nies & McEwen, 2019, p.174). Healthcare is being framed as a human right provided by governments. If we say that everyone has a "right" to something (positive rights) then we must create a vast bureaucracy to ensure that right. 

But this is not the America that I know and love. The U.S. Constitution guarantees our right to non-interference from the government in the vital areas of freedom of conscience, of association, of speech, etc.--these are known as "negative rights." The Constitution does not guarantee that we will have enough food, housing, or healthcare, and that is simply because government does not produce anything. It can only give to one person what it has taken from another. 

We all have a responsibility to care for our family members first, then to reach out to those in need around us in our communities, then finally, if we have the resources, to assist those in need in other communities. The U.S. is well-known as the most charitable country in the world (World Population Review, 2021). But if government gives agencies (including well-meaning ones like nurses associations) enough power to manipulate the “social determinants of health” (live, work, play, money, power, etc.) that is saying that nurses have the moral/intellectual authority to supersede the choices that individuals make with their own lives and their own money. 

To summarize, here’s a quote from The Law, by Frédéric Bastiat, an economist who battled the rise of socialism in France in the 1840s. 

God has given to men all that is necessary for them to accomplish their destinies. He has provided a social form as well as a human form. And these social organs of humans are so constituted that they will develop themselves harmoniously in the clean air of liberty. Away, then, with the quacks and organizers! Away with their rings, chains, hooks and pincers! Away with their artificial systems! Away with the whims of governmental administrators, their socialized projects, their centralization, their tariffs, their government schools, their state religions, their free credit, their bank monopolies, their regulations, their restrictions, their equalization by taxation, and their pious moralizations!

And, now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works.

 

The Wrap Up: Equity activists want us to believe that systemic racism is crippling America in every arena, from healthcare to education. Their solution is to cede ever more power to groups who want to substitute their judgement and choices for yours. #pushback #freedomisntfree  https://stoplcpscrt.com/


References

https://www.nap.edu/resource/25982/Recommendations_Future%20of%20Nursing_final.pdf (Links to an external site.)

https://www.census.gov/quickfacts/fact/table/US/PST045219 (Links to an external site.)

Alspach, J. (2018).  Implicit bias in patient care: An endemic blight on quality care. Critical Care Nurse, 38(4), 12-16. doi: 10.4037/ccn2018698

https://imprimis.hillsdale.edu/critical-race-theory-fight/ (Links to an external site.)

https://www.aamc.org/data-reports/workforce/interactive-data/figure-18-percentage-all-active-physicians-race/ethnicity-2018 (Links to an external site.)

https://www.nursingworld.org/practice-policy/workforce/ (Links to an external site.)

https://fee.org/articles/hayek-the-knowledge-problem/ (Links to an external site.)

https://worldpopulationreview.com/country-rankings/most-charitable-countries (Links to an external site.)

Nies, M. A., & McEwen, M. (2019). Community/Public Health Nursing: Promoting the health of populations (7th ed. p. 174). Saunders/Elsevier.

https://fee.org/media/14951/thelaw.pdf (Links to an external site.) p.79



Monday, July 11, 2016

Freedom (in general) and Religious Liberty (specifically): talk on July 10, 2016

In order to explain what freedom is, I’m going to tell a story: A long time ago in a galaxy far far away (perhaps) we lived as spirits with our heavenly parents. We learned and progressed, but could only progress so far in this state. Our obedience to our parents came too easy for us--the strength of our will to choose the right in the face of temptation could not be tested when we could be with our parents all the time.
So God called us together for a council, where he introduced the Plan of Salvation. But Satan had another plan, in which salvation would come automatically, which would, as it says in Moses “destroy the agency of man”. But that would not have accomplished the purpose--the reason for our earth life. Satan was a just a big liar who wanted to be popular and powerful. So those who wanted salvation without freedom had some sort of a battle with those of us who wanted salvation AND freedom.
Satan and his followers were thrown out of heaven, and we that accepted God’s plan were grateful to have our Elder brother Jesus Christ to be our Savior, so that we could come to earth, be free to make decisions, yet be able to repent of our sins and return to Heaven having learned much from this life.
So God created a wonderful world for us to live on, then he placed our first parents Adam and Eve in the Garden. There they were innocent, and had no understanding of good and evil. This was a problem--a seeming paradox. God cannot be the author of evil, but Adam and Eve had to know evil to be able to choose the good. Enter Satan--again filling his role in trying to be powerful and to make us miserable, but actually helping things move forward for us in our spiritual progression. Eve first, then Adam, recognized the necessity of transgressing one of Heavenly Father’s commands.
Adam and Eve used their God-given agency, and left-their child-like state in the Garden of Eden to go out in the world and be adults. They “began to till the earth, and to have dominion over all the beasts of the field, and to eat their bread by the sweat of their brow.” No one made sure they had food and shelter - they had to do it for themselves, and when their children came along, they provided for them and taught them all the things they needed to know as well. This was a great blessing to them.
In Eve’s words: “Were it not for our transgression we never should have had seed (children), and never should have known good and evil, and the joy of our redemption, and the eternal life which God giveth unto all the obedient”  
THIS is the plan, Agency and Choices = Learning and Progression
But Satan was still around trying to make everyone miserable. He acted really friendly to Adam and Eve’s son Cain, and told him lots of lies. Not every friendship is good for you! Satan talked Cain into getting really angry about some things, and made him jealous of his brother Abel. Then he told him one of the biggest lies of all - that it was OK to bash his brother and take his stuff - so Cain did that. His immediate reaction is very interesting:  And Cain gloried in that which he had done, saying: I am free; surely the flocks of my brother falleth into my hands.  (Moses 5:33)
So let’s pause right here and talk about freedom. What freedoms do we have? Do we have the freedom to bash other people and take their stuff?
Our first freedom is what we are born with: Life - no one has the right to kill you
Our second is: Liberty - the opportunity to do things and make choices - to pursue happiness
Our third freedom is the one that supports life and liberty: Property. If I apply my faculties (brains and brawn) to the natural resources God has given us, and I create or build something, no one else has the right to take it from me. PERIOD. If I spend my day fishing and catch one fish, it is mine. If someone bashes me and takes my fish, I am at risk of losing my life. The right to property supports the right to life.
Now, if I invent a better method of fishing, and catch 10 fish in one day, they are also mine. I may CHOOSE to give some of those fish to people who have been unable to catch one, and the gospel of Jesus Christ teaches that I should do that. But it is still my decision - no person has the right to forcibly take my fish and distribute them to others. If that person wants the others to have fish, he himself should work really hard at fishing.
Freely giving of our property is ethical and moral; forcible redistribution is based on theft and is immoral. Nor is it moral for the group to get together and vote themselves some of my fish. Tyranny of the majority is still tyranny.
While in Boston in 1843 Joseph Smith once attended two lectures on socialism given by Mr. John Finch, a socialist from England. At the end of the second one “I made a few remarks...I said I did not believe the doctrine.” (History of the Church, Vol. 6, p. 33) note: the parts in blue are what I didn't say in sacrament meeting, either because I ran out of time or decided they were less central to my message and cut them ahead of time - but all things I wanted to say....
The right to life, liberty, and property are known as negative rights - they are “freedom from…” freedom from theft, freedom from imprisonment and tyranny, freedom from murder. And there are others too: we have freedom of speech and of the press - which are the right to say and write what we wish. We have freedom of conscience and of religion - which allows us to believe in and worship as God we choose. We have (or we used to have) freedom of association - which is the right to choose who to let into our homes and businesses. And the Bill of Rights specifies that we have the right to bear arms to defend these rights. These are all “freedom from” letting others make our decisions for us and interfere with our business.
What about the right to food, housing, education and health care? These are “positive rights”: rights that parents owe to their children. These are not things that Abel owed to Cain. As an adult, Cain had the responsibility to obtain these things for himself. He had the right to employment, but not the right to demand that someone else give him employment. If he was having some trouble, he could ask nicely for help, but not demand that Abel give him food, housing, employment, etc.
What is the underlying principle here, which goes back to the Plan of Salvation: Every person born on this earth has agency, which is the freedom to do whatever you like. Where does your agency stop? When you begin to encroach on other persons or their property - to take away their God-given rights. Using force on other people is immoral unless it is in self-defense.
From the time of Cain right down through the Middle Ages, there’ve been only a few places and very short periods of time when force was the not the dominant mode of interaction between people. People were enslaved, murdered, and plundered from unless they were strong enough to resist. Think of the Lamanites and the Nephites... the natural man finds it easier to steal the work of others than to do the actual work.  The efforts of great law-givers like Moses, Hamurabbi, and Solon only created small bubbles of peaceful human relations in the vast tide of violence and oppression that people have lived under since the time of Adam and Eve. Most of the time, the governments have been among the worst offenders.
I love in the movie Camelot, when King Arthur has his epiphany that, instead of using strength to bash others and take their stuff, “Might can be used for Right.” The Round Table was one (probably fictional) effort to get people to stop encroaching on the rights of others.
Frederic Bastiat (French philosopher and economist much quoted by President Benson): “(A) fatal tendency... exists in the heart of man to satisfy his wants with the least possible effort, (which) explains the almost universal perversion of the law. Thus it is easy to understand how law, instead of checking injustice, becomes the invincible weapon of injustice. It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds.” (from The Law)
But the founding of America was different. God had foreordained some very special spirits to establish a new society in the Promised Land, based on a written constitution that limited the powers of government and guaranteed freedom from oppression. This country was meant to be more than a flicker of freedom, but a light of liberty to the world, and a place where the full gospel of Jesus Christ could be practiced without fear. Despite all Satan could do to bring it down, the true doctrines were revealed and the church was established in a secure place from which it could then go forth to all the world.
We are commanded many times in the scriptures to befriend the Constitution, and now is a great time to do that, since it is slipping through our fingers: being ignored, contradicted and even maligned by those who have sworn to protect it - AND by those who are charged with educating our children.
Federal Circuit Judge Richard Posner, who is perhaps the most read and most cited judge of our age, wrote a published letter to the Harvard Law school a couple of weeks ago saying, “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution and the Bill of Rights, do not speak to today.” He’s also said: “I’m not particularly interested in the 18th Century, nor am I particularly interested in the text of the Constitution.”
In other words, we’re now abandoning rule of law--written law based upon the principles of individual rights and limited government. Judges and politicians are making up whatever laws happen to be politically correct and convenient for those in power at the moment--which basically makes us just another banana republic.  Like the game of “Telephone,” legal precedents are being created at an astounding rate that are getting farther and farther from the code of laws that was originally agreed upon at the formation of this country AND was the basis for its success. The Constitution of the United States created the conditions to make possible a “5000 year leap” in the words of Cleon Skousen. The protection of property rights created an explosion in entrepreneurship which took us from the horse and wagon era that had existed for the previous 5000 years--to a man walking on the moon just 182 years after the Constitution was signed. This was no coincidence.
(from “It’s the Fourth of July. Why Am I Sad?” on Mises.org) As the institution of private property goes, so goes society. This was recognized by the great nineteenth century pastor and college president Francis Wayland. He noted in his Elements of Moral Science that
Just in proportion as the right of property is held inviolate, just in that proportion civilization advances, and the comforts and conveniences of life multiply. Hence it is, that, in free and well-ordered governments, and specially during peace, property accumulates, all the orders of society enjoy the blessings of competence, the arts flourish, science advances, and men begin to form some conception of the happiness of which the present system is capable. And, on the contrary, under despotism, when law spreads its protection over neither house, land, estate, nor life, and specially during civil wars, industry ceases, capital stagnates, the arts decline, the people starve, population diminishes, and men rapidly tend to a state of barbarism.
Elder Dallin H. Oaks said, “The United States Constitution was the first written constitution in the world. It has served Americans well, enhancing freedom and prosperity during the changed conditions of more than two hundred years. Frequently copied, it has become the United States’ most important export. After two centuries, every nation in the world except six have adopted written constitutions, and the U.S. Constitution was a model for all of them. No wonder modern revelation says that God established the U.S. Constitution and that it “should be maintained for the rights and protection of all flesh, according to just and holy principles.”
Joseph Smith embraced the philosophy of freedom and equal treatment before the law:
If it has been demonstrated that I have been willing to die for a "Mormon," I am bold to declare before Heaven that I am just as ready to die in defending the rights of a Presbyterian, a Baptist, or a good man of any denomination; for the same principle which would trample upon the rights of the Latter-day Saints would trample upon the rights of the Roman Catholics, or of any other denomination who may be unpopular and too weak to defend themselves. It is a love of liberty which inspires my soul — civil and religious liberty to the whole of the human race. —Joseph Smith, 1843
Be it ordained by the City Council of the City of Nauvoo, that the Catholics, Presbyterians, Methodists, Baptists, Latter-day Saints, Quakers, Episcopals, Universalists, Unitarians, Mohammedans [Muslims], and all other religious sects and denominations whatever, shall have free toleration, and equal privileges in this city …

—Ordinance in Relation to Religious Societies, City of Nauvoo, [Illinois] headquarters of The Church of Jesus Christ of Latter-day Saints, March 1, 1841

The Constitution specifies that we must have freedom of speech and religion, and this is under attack.  There are two competing viewpoints: that religion is the CAUSE of many of the problems in the world, and that it is the CURE. The debate used to be whether you could bring religious views into the public square: prayer in schools and Christmas trees in the town square, etc. Now our religious views are under attack even when they don’t materially impact anyone else at all. We are being told that we can’t preach and practice our religion because it might hurt some people’s feelings. Foster care and adoption agencies are being shut down because of LGBT activists pushing through policies that discriminate against faithful Christians--recently in Illinois a new law closed agencies that were serving 2000 children in foster care. Individual foster parents are being targeted and denied certification just because they are Christian. Which alarms me of course for our own situation, but also I recently attended foster care training with 10 other couples, all of whom were Christian. Through the course of the discussions it became clear that most of them were signing up to do this difficult job because they felt that it was their Christian duty to care for the less fortunate. This is in spite of a campaign to recruit LGBT couples to do foster care - there are posters up for that in the libraries.
As Elder Christofferson said in a talk 2 weeks ago, “Some advocates demean as ‘discrimination’ the long-standing right of religious organizations and schools to have faith-based standards in employment and admissions. Others resort to politically correct name-calling rather than talking about difficult topics in a spirit of mutual respect. Hurtful labels like ‘bigot’ or ‘hater’ are all too common. There are concerted efforts to shame and intimidate believers who have traditional moral values and to suppress religious viewpoints and practices regarding marriage, family, gender, and sexuality. Worst of all, government sometimes joins in these efforts.”
Elder Bednar said, “The tyranny of tolerance suggests that we have to be accepting of someone else's point of view, but that they don't have to have any tolerance for our point of view. So, tolerance goes both ways. The fact that we take a position and respectfully and thoughtfully articulate that position is not a judgement, it is just standing for what we believe to be true.”
So if you can be sued for refusing to bake a cake or arrange flowers for a same-sex wedding, or allowing same-sex couples in the married student dormitory of a private university, or if you lose your employment for posting something on Facebook that someone views as intolerant, that has a chilling effect on free speech and religion... and that’s exactly the effect it is SUPPOSED to have. Because if you silence the person whose views you oppose you have won the argument. You may not have changed THEIR mind, but what about their children?  If all that the next generation hears from the media, from teachers and textbooks at school, and from their social group are arguments in favor of limiting free speech and religion, they will believe that free speech and religion are bad things. That the Proclamation on the Family, and the scriptures, and every issue of the Ensign contains hate speech and should be burned.
In the words of Adolf Hitler, “When an opponent declares, ‘I will not come over to your side,’ I calmly say, ‘Your child belongs to us already... What are you? You will pass on. Your descendants, however, now stand in the new camp. In a short time they will know nothing else but this new community.’”
So we MUST teach freedomship in our families! The views and attitudes of the next generation are currently being formed, and we MUST have a voice in that--because the voices of the great and spacious building are calling to them, mocking traditional values. I am encouraged by Elder Kim Clark’s recent address about the church expanding both secular and religious education offerings worldwide from high school through college. He stated, “Instruction will be delivered online and in local gathering activities at Institutes and chapels.Personally, I think there will come a time when private education will be the only responsible parenting option.  As adults we’re fairly secure in our beliefs, but youth are more susceptible to peer pressure and sophistry.
But before we throw in the towel and go live on a remote island, we should talk about restoring freedom in our society.
Elder Quentin Cook asks, “How can you help bring about this restoration of morality in our day and help preserve religious freedom? First, be a righteous example. You must not be in camouflage as to who you are and what you believe.”
The second important piece to restoring freedom is that you catch more flies with honey than with vinegar: Church spokesman Michael Otterson said, "I believe in a church that believes in human dignity, in treating people with respect even when we disagree -- in fact, especially when we disagree."
So we have to speak up, and we have to do it in a respectful way, always putting ourselves in the other person’s shoes. But several of the articles that I read in preparation for this talk were lamenting the weakness of the arguments for traditional marriage that have been put forward in legal cases regarding these issues. So here are a few talking points that we can use when having this conversation with people who disagree with us, taken from some of the best minds out there:  
Talking point #1 (Elder Oaks): It’s about what is best for the children - they are the future. Numerous studies have shown that children do best when raised in a home with both of the people whom they share DNA with, and marriage strengthens that home, making it less likely that it will fall apart. When you change the definition of marriage from “a monogamous relationship in which the couple has a legal obligation to support one another and is biologically able to procreate” you are harming the next generation by weakening marriage. (parenthetically, we all know that in some cases, ending an incompatible marriage relationship is the healthiest thing for all involved...but we still teach and support the ideal)
Talking point #2: Jesus Christ taught that we should treat others the way we want to be treated: with KINDNESS. In supporting the natural family I am not in any way saying that I hate anyone who does not. In a free society, I can believe what I want to believe, and you can believe what you want to believe--we each have the right to freedom of conscience.
Talking point #3: You and I both seem to have closely-held beliefs regarding this subject. I would be happy to hear your viewpoint, will respect it, and would expect the same treatment from you. Name-calling gets us nowhere.
Talking point #4: We claim the privilege of worshiping Almighty God according to the dictates of our own conscience, and allow all men the same privilege, let them worship how, where, or what they may.
To wrap up, this is not a battle that is going to go away. Satan doesn’t want us to have freedom, especially the freedom to worship as we choose. Just on Thursday the church’s top lawyer, Elder Lance Wickman, conceded that we must prioritize our religious freedoms; that if we try to defend them all, we will lose. Which basically feels like waving the white flag, but that’s where we’re at.
This shouldn’t be a surprise. In Ephesians it states:  “We wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”
And in 2 Nephi: Wherefore, men are free according to the flesh; and all things are given them which are expedient unto man. And they are free to choose liberty and eternal life, through the great Mediator of all men, or to choose captivity and death, according to the captivity and power of the devil; for he seeketh that all men might be miserable like unto himself.
It’s going to get ugly, but the final outcome is known - God is on our side.

Tuesday, November 17, 2015

Live and Let Live

Peace on earth: it's what we say we want for Christmas, right?
Why, then, can't we all let each other live the way we want to live? That includes holding any views we want to hold, believing anything to be true that we want to be true, and feeling free to share those views and beliefs with others, who are free to accept or reject them. This is the path to peace--freedom. If we continue down the path we are on (look down the road just a little and you'll see the thought police lurking behind the trees) we will not be free to speak our mind, to worship God as we see fit, and the peace level that exists today (not that it's super great) will be only an Arthurian dream. Correct views will be dictated to us, and dissent will not be tolerated.  Prisoners of conscience will fill our jails.

Why do I think this could happen? Because it has happened elsewhere, and we're on the same road now. If you look at the Cultural Revolution in China, it was perpetrated by the young and naive who had been brought up to believe that there was only Mao's way or the highway. Same with the Hitler Youth, who aided and abetted in the persecution of Jews--young, naive, had their heads stuffed with totalitarian thinking. It could happen here, and the reason I'm convinced of that is because of the speed of the latest cultural convulsion, which took place under the guise of LGBTQ acceptance.

Now, if you read the title of this post, you'll understand that I do believe in LGBTQ acceptance. I accept that a person with sexuality different than mine is every bit as human as I, every bit a child of God as I, every bit as worthy of equal treatment before the law as I. And that is because...wait for it...your sexuality doesn't define you as much as you may think it does. It may define what you do in the bedroom, but LGBTQ people are just people and people spend the vast majority of their time outside of the bedroom.

Here's the point: I wish we would stop focusing on sexuality (and on race), and focus instead on what a person does or doesn't do for society.  THAT is what affects us all, not bedroom behavior, which only affects those together in the bedroom. Don't focus on whether you are straight or gay, but whether you are a producer or a consumer. Do you contribute to the good of society, or are you a drain on society? Are you a totalitarian or a libertarian or somewhere in between? Do you support, in word and deed, the right of others to disagree with you? Do you think you have a right to the fruit of the work of another person, or just your own? Are you a peaceful person, or do you support encroachment in any form? These are the things that affect ALL of us.

Encroachment, for anyone who needs a definition, is one person or group taking away the natural rights of others. Natural or negative rights, for anyone who needs a definition (fantastic article here), are those rights that exist within you: the right to life which includes the right to the fruit of your own labor, which supports life. The right to liberty, to be free to follow whatever route you want to take to happiness as long as you don't encroach on others. Negative rights are "negative" in the sense that they are "freedom from" rights--freedom from others intervening in your life in ways you do not want. Not included here are the positive rights, which are those that a parent owes to a child, but not that adults owe to other competent adults: food, housing, education, employment, health care, etc. Watch this video for a more thorough explanation of rights.
(There IS one more piece of Peace besides liberty, and that is compassion. What about the incompetent adults, or children without a competent adult family member--they need help. But helping them needn't destroy liberty, as voluntary action on the part of compassionate individuals can and will (in a society which is growing ever richer) fill these needs without government force in the equation.  Or it would do so, if government hadn't started trying to be everyone's parent. It could do so again, if this is handled right.)

Back to rights: So do I have a right to be a member of whatever church I want? Can I be excluded based upon my income, education, race, gender, sexuality or just a random whim? Yes, yes, and yes. It's called freedom of association, and it goes hand in hand with property rights. If I use my time and effort to build a home, I have the right to allow or disallow anyone to enter it.  If I use my time and effort to build a church, don't I have that same right? A store? Yep. A golf course? Yep. As long as you didn't encroach on anyone else's rights when you built that thing, you can use it however you want. If there are a hundred churches, golf courses, churches, etc. in my town that I can't enter, it doesn't materially affect me, since I am still free to build my own church, golf course, or store and let all my best friends in. It may hurt your feelings to be excluded from someone's store or church, but in this country we are free to hurt others' feelings. Laws are to protect us from real harm; religion, from which springs societal norms, is to help us not want to harm emotions, or to forgive them if they hurt us.

Now, I know a lot of you right now are saying, "oh, but that was so sad when segregation was rampant in America," and I agree with you. I am delighted to not see "whites only" signs above drinking fountains, etc. This is key: any services which are set up by the government should benefit everyone who has paid the taxes that fund them--no segregation or exclusion; the military fits into this category. But a church doesn't go around demanding at gunpoint that everyone pay tithing, (we all pay our taxes with the threat of deadly force backing up the IRS) so there is no one who can fairly demand that they be included in services provided by the church.

I am delighted that over the past century the world in general has become less sexist, less racist. I think that is mostly a result of the world becoming richer; less competition for scarce resources creates less tribalism. But that is a side note to the central point, which is that freedom of speech, freedom of religion and property rights are not optional in a peaceful society. From peace flows every other good blessing: health, wealth, safety, and, if you're lucky, happiness.


Wednesday, October 14, 2015

American Gestapo Raid Blanding, Utah: A True Story

About 15 years ago I read a very small piece in the Washington Post that went like this:

An early morning raid on a crack house in DC...DEA agents...three people killed, one wounded...no drugs were found on the premises.

After reading this I couldn't get it out of my mind.  Here are some people sleeping in the early morning hours when federal agents break in and start shooting.  "So what!  It was a crack house and they were just a bunch of dirty drug-dealers."  Well, oops, no drugs were found.  "Sorry for shooting your husband ma'am--we got the wrong address."  And what if drugs had been found?  Does that justify murder by federal agents? Do we not still have the right to due process?  Innocent until proven guilty?

I wondered if this was just the beginning of something bigger. Looking back in history, the "war on drugs" wasn't actually the beginning, since the prohibition of alcohol in the 1930's led to some of this style of policing.  But the idea of a growing federal police state is, in fact, on the right track.

With the election of Obama I tried to close my ears to stories that the federal government was now the biggest purchaser of guns, and not just for the DEA and DHS but for the Dept. of Agriculture and NOAA, about attempts by the ATF to decrease availability of ammunition to the public, stories of increasing federal power -- I just didn't want to know because it's scary.  But check this recent  USAToday article:

In the wake of the Baltimore riots, Al Sharpton is calling for the federal takeover of local police. Like most ideas from the loathsome Rev. Sharpton, this is a lousy one. But since federalizing local police is actually an Obama administration idea, it's worth paying a bit more attention.
The idea behind federal supervision of local police forces is that it will make them more accountable. Instead of a bunch of presumptively racist, violent hicks running things on a local level, we'll see the cool professionalism of the national government in charge.
There are (at least) two problems with this approach. The first is that federal law enforcement, especially in recent years, hasn't exactly been a haven of cool professionalism. The second is that no law enforcement agency is very good at policing itself, meaning that a national police force is likely to be less accountable, not more. And there's a third problem, too, but we'll get to that in a minute. 
If you fail to learn from history you are doomed to repeat it.  The Founding Fathers had just come from an oppressive political environment, and were determined to not let that happen again.  That is why the Constitution grants only very limited powers to the federal government: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Article X.

Why is it superior to have the states in charge of miscellaneous governmental duties?  Because if the state that you're living in becomes corrupt, oppressive, incompetent at protecting your liberties or even maliciously taking them away, you can move to a different one!  Then that state will fail and must reform because all the responsible people are leaving behind the group who likes to live "la vida loca"-- the producers are leaving behind all the consumers (think California).  But if the federal government grows corrupt and oppressive...yes, you can move to another country, but it's much harder.

Early morning raids and shows of overwhelming force are the province of the Nazis and other totalitarian regimes.  One fabulous way to exert control over the populace is to create specious and oppressive laws and then persecute those who break them.  And that's just what happened in 2009.

Blanding, Utah:  Anasazi Junk Heap

To have any kind of perspective into the following story one needs to know some brief history.  From around 700 to 1300 A.D. the Ancestral Puebloan people inhabited the area known as "Four Corners" where UT, AZ, NM, and CO meet.  Beginning around 1150 a three hundred year drought (climate change! outlaw those SUVs!) caused the population to decrease and likely to move to areas where there were more dependable sources of water, and the area around Blanding, in the southeast corner of Utah, was mostly uninhabited except for a few Navajo hunting parties. The Mormons, obedient to the request of their prophet/leaders, colonized the area in the late 1800s and early 1900s. The area is still out of the way, the populations is small.  It remains today what it has always been, a high desert, difficult to access, full of red rock formations, and to my eyes, completely beautiful.


And full of pots.  Southeast Utah is a bit like Egypt: very dry, nothing decays, nothing grows over and hides everything below it.  It just stays the same.  So you can very well imagine that centuries of Anasazi junk is laying everywhere--hundreds of thousands or probably millions pieces have been collected: pots, pieces of pots, weapons, turkey-feather blankets, baskets, moccasins,  beads, bone tools, cliff paintings, and more pots!  And there's still more--occasional rainstorms wash away sediment and more stuff emerges all the time.  Mormon farmers had to clear pottery out of their fields when they began plowing.  Builders of houses and diggers of wells would find themselves disturbing ancient graves.  In contrast, the area in which I live (Virginia) was home to millions of pre-Columbian inhabitants over the centuries, but there are very few traces left--it's just too damp here, and things decay in decades not centuries.  I mention this because some people have got it in their minds that people shouldn't disturb the remains of previous civilizations.  But that's silly if you put it into the lens of history, in which most human civilizations were built literally on top of the previous one: look at modern Rome, built on medieval Rome, built on ancient Rome.

Collector Bandits

Since 1906 there have been laws preventing the removal of archaeological artifacts from public lands.  But they have been selectively enforced, since it's a bit ridiculous to go collect an infinite number of pottery pieces and warehouse them away...especially when there's already warehouses full of them. In fact, BLM agents were once caught red-handed smashing pots, because the museums had all they wanted and there wasn't anywhere to store them.

When my father was on his LDS mission to Australia in the 50's, a federal agent of some sort came around visiting all the homes in Blanding and confiscated all the artifacts that his family had collected: a beautiful turkey feather blanket, moccasins, some nice pots, etc.  My grandma turned them over to him without a fuss, and without checking for proof that he was actually who he said he was or that he had legal authority to the items.  When my father got home from his mission he spent some time trying to track down what happened to the things he had collected.  He was never able to find them in any museum, and wonders if the "agent" was a swindler, or if he was really a federal agent, but sold them to other collectors on the sly to pad his pockets.

The artifact collection tradition continued however.  Just as I wouldn't hesitate to pick up a pretty rock while out on a hike, residents of the Four Corners area wouldn't hesitate to pick up a nice pottery shard--unless they already had a dozen just like it.  In neither case would the thought, "This (rock/shard) might be the key to finally unlocking the (geological/anthropological) history of this place!" cross the mind.

American Gestapo

I have heard from several sources that after Obama was elected, he directed the federal agencies to become more aggressive in their enforcing methods.  This has been seen in increasing penalties and in prosecutions for more minor infractions by many federal agencies.  It also came into play in antiquities.  Operation Cerberus Action had been a brain-child of the BLM and  FBI since 2007, and involved the bribing of an antiquities dealer to turn traitor and bring them dozens of names of collectors in southeast Utah.  If the investigation had concluded before the end of 2008, it may have been different.  But it carried into the next administration, after the "aggressive" policy was implemented.

The sad story that ensued is told in detail in this LA Times article "A Sting in the Desert" - which should be a Pulitzer prize winner -- complete with videos from the button camera worn by Ted Gardiner, the dealer/traitor, as he went into the homes of the residents.  The "sting" was a raid on the town of Blanding; about 80 FBI and BLM agents showed up in dozens of black SUVs, wearing body armor and carrying semi-automatic weapons.  They shoved their way into homes in the early morning hours of June 10, 2009, shouting and demanding native artifacts.  They manhandled the 24 defendants, chained many of them hand, foot, and around their middle, attaching them together like convicts in a chain gang.  My father told me that many of them were NOT ALLOWED TO GET DRESSED - if they were wearing their underwear when the agents burst into their homes, that's what they wore when hauled to the next town for interrogation.  The Gestapo tactics used on Dr. James Redd, the town's only physician, so disturbed him that he committed suicide the next day.  Two more suicides were to follow - one, a defendant in another town, and the other, Ted Gardiner.

Operation Cerberus Action was a tragedy on many levels.  The local sheriff  said that there was no reason for federal agent involvement. He could have knocked on their doors in broad daylight with a summons for them to appear in court, and they would have been there.  The agents already had video evidence that the artifacts were in their possession, so all that was needed was to determine how those things came into their possession, and what the penalties would be.  These were life-long residents of Blanding, most members of a religion that decries dishonesty and law-breaking (but doesn't have much to say about old pots sitting on the shelf in your china cabinet).  They weren't going to run for Mexico.

There is also reason to believe that the agents intentionally overestimated the value of the items so that the defendants would be charged with felonies instead of misdemeanors.  In the case of Dr. Redd, the tiny shell bead he had picked up--value $40 to $200 on the market--was inflated to $1000 in order to qualify as a felony.  A physician who is convicted of a felony will lose his medical license. They knew that.  So did he.

But I believe the biggest tragedy is the change in the relationship of the people to their government. The residents of Blanding were traumatized that day.   Shouting, threatening, intimidating, manhandling, dehumanizing behavior was heaped upon them by their fellow American citizens, employees of the Bureau of Land Management and Federal Bureau of Investigations.  They don't trust the feds any more.

And where are those 80 agents now?  What did that day do to their souls, to their attitude about proper conduct during law enforcement?  Who are the  people who trained them to act like that toward unarmed citizens, and how many others have they trained in these same tactics in the mean time?  Is this what "innocent until proven guilty" looks like now?  I'm not OK with that.

And in the end, it backfired on them.  The roughness with which they were treated, along with the suicides, came up in court and the defendants were given very light penalties (which a lot of people concerned with archaeology were miffed about).  The penalty implemented at the time of arrest was the true penalty, but it's difficult to quantify that type of abuse so I'm sure it didn't make a big splash in the world of black market antiquities dealers.

Too bad all around--lots of pain, no real gain for anyone.

Saturday, June 27, 2015

When your own backyard is off limits

What would you do if your hometown, where your family had lived for generations, became so valuable to powerful outsiders that you were no longer welcome in the land around it.  That is happening to several small towns in southern Utah, where in many counties 95% of the land is held by federal government (see this map).  One of these is a small town dear to my heart: Blanding, in San Juan county, the southeast corner of Utah, where my father grew up and where I spent several weeks each summer as a child with my grandparents.

Settled by Mormon pioneers in the late 1800s and early 1900s, this land had been mostly abandoned since the Pueblo people moved out in seven centuries previously.  It is not an easy place to live--remote, arid, full of redrock and canyons.  It was very difficult for pioneers to get there without roads, and roads continue to be very important.

Enter the Bureau of Land Management, a federal agency that has very little to do east of the Continental Divide, but has been a presence in the twelve western-most states since their settlement.  In its previous iterations it was a management agency for cattle ranchers and miners who used the "land nobody wanted."  My grandfather was a uranium miner in the canyons around Blanding, working with his sons to create roads to access the deposits (many classic family stories there).

Was it legal for my grandfather to construct roads on this land?  Certainly.  In 1866 the US Congress enacted Revised Statute 2477, which simply stated that "the right-of-way for the construction of highways across public lands not otherwise reserved for public purposes is hereby granted."  Then in 1976, Congress enacted the Federal Land Policy and Management Act, which upheld the former statute: "Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act".  So in order to continue to use a road, it just had to be shown to have existed prior to 1976.

Now enter the environmentalists.  For those not familiar with their tactics, let me just state that most of these groups are what might be called a "racket":  allergic to what might be called "the American way," they demand a seat at the table where decisions are made that affect the lives of the average Joe.  Whenever they see anything that doesn't fit with their anti-human agenda, they file a "citizen suit" to get their way.  Government agencies with only vague guidelines to go on will frequently give way to their demands rather than face a costly lawsuit, and/or the groups win the cases mediated by liberal federal judges and receive boatloads of your tax dollars, with which they dream up their next assault.  Federal lands have been on their bullying agenda for a while now.  

The last player in this story is Phil Lyman, current San Juan County commissioner and my cousin's husband.  I hate to say he's a really great guy since you'll think I'm prejudiced--but it's true.  Watch just a bit of this interview, or some of the videos on this page, and you'll see for yourself--intelligent, brave, humble.   

So back to the question: 
1 - if a federal agency tells you that you can no longer use a road that your own ancestors helped build, the road through Recapture Canyon from Bluff to Monticello, because they say it's just a trail that was built in 2005, and 
2 - if the laws that govern the agency are clearly contrary to what the agency doing, and 
3 - if they say in 2007 that the road is just closed temporarily for two years, but now it's 2014 and they refuse to take any action on reopening it, then what do you do? 
If I were a citizen of Blanding I would raise this issue at a town hall meeting, and that's just what happened in February 2014.  And if I were charged with protecting the rights of the citizens of the county, I'd do just what Phil did--support the citizens' right to protest an illegal action on the part of the BLM.  He communicated what was planned (listen to the phone interview between Phil and Utah BLM director Juan Palma), and tried to make sure that everyone would be safe.  

There has been plenty of news coverage of the events surrounding the May 10, 2014 protest ride through Recapture Canyon, but unfortunately most of it has been wrong.  There was no illegal action because the road closure itself was illegal.  There was no damaged Pueblan archaeology because it had all been cleared when the road had been assessed years ago.  The road had been used from 2007 to 2009 to access a small mine, it is also the site of a water pipeline that was installed in the road bed, and the road is also used by ranchers during a cattle drive twice a year.  Clearly the 50 foot right of way through the canyon is not pristine wilderness, needing to be kept inviolate from the tires of any vehicles.  Pueblans built their homes in the canyon walls, not the canyon bed.

The protest ride did no physical harm to the canyon, and the usual penalty for riding on a closed road would be around $100 to $200.  But my cousin-in-law (along with Monte Wells, a local blogger with degrees in anthropology and archaeology) was convicted with conspiracy against the US government, along with riding on a closed road, and both face penalties of up to a year in prison, a $100,000 fine, and large penalties for restitution of the non-damage that was done by 50 or so ATV riders who showed up for the protest.  And that is disgusting to me--clearly a miscarriage of justice.

So why do this thing?  What's it all about?  There is an increasing feeling in this area of the country that federal agencies are over-reaching their own legal authority, that Utah is being treated as if it were not a state, but still a territory.  People "in the know" say that since 2009 the BLM has become much more aggressive.  If civil disobedience is widely hailed as heroic by the liberal media when discussing Rosa Parks and Gandhi--and the Occupy Movement-- why such hateful backlash when it is used by conservatives (in the comment sections of the news reports, and in the penalty from the trial itself). 

Here's a quote from Phil: I have said a number of times, this protest is not about Recapture, or about ATVs, it is about the jurisdictional creep of the federal government. I heard elected officials say that we need to find the “right” issue and then really jump on it. From my perspective, we have a chance every day to defend our local jurisdiction from the overreaching hand of the BLM and other federal agencies. 

Last, here's what Senator Mike Lee has to say about an initiative to transfer control of federal lands back to the states.

For more information, see RecaptureInstitute.org