All posts by Steve Stern

The Supreme Court isn’t always wrong

Wallace_at_University_of_Alabama_edit2

I only have one data point, named Joe as it turns out, but, as Michele Stern says: One data point may not be proof but it is still a data point.

The Supreme Court ruled against Affirmative Action a couple of days ago (even though they did not couch it in those terms, everybody else seems to). Adam Liptak of the New York Times wrote: In a fractured decision that revealed deep divisions over what role the judiciary should play in protecting racial and ethnic minorities, the Supreme Court on Tuesday upheld a Michigan constitutional amendment that bans affirmative action in admissions to the state’s public universities.

Contrary to most of the columnists and bloggers I admire, I think that the Supreme Court is right. The operative part of the NYT quote above is  what role the judiciary should play in protecting racial and ethnic minorities and the implication is that giving racial and ethnic minorities special rights protects those minorities. I don’t think it does and I have my reasons.

My only data point is from when I had a development company and we hired a Stanford MBA for the the job of Construction Manager. It was probably in the mid-80s and his name was Joe. Joe was a full blooded American Indian and the job didn’t work out. Not because he he was an Indian – obviously – but because he did not like making decisions that didn’t have clear-cut answers. He didn’t like the stress. When we talked about going our separate ways, he asked me why I had hired him. I told him it was because he was a Stanford MBA and he answered something like Yeh, but I only got in because I am an Indian. I have no idea if that is true or not but he, clearly, thought so and, I suspect, many of his fellow students did also.

I think that Affirmative Action misidentifies the problem. The problem is that a huge proportion of racial and ethnic minorities – we are using racial and ethnic minorities as a euphemism for African Americans and Hispanics here in California – are poor. They come from poor families, poor neighborhoods, and they have almost no exposure to what they need to prosper in our society including useful connections. Most importantly and most powerfully, they come from substandard schools and they get a poor educations compared to their peers from affluent areas.

As an aside, those schools are substandard not as a result of chance, but because of Government Policy. In California, and – I think – every state, schools are primarily supported by the State, but, when State funds are cut, affluent local areas make up the difference or send their kids to private schools. In Portola Valley, where I live, the locals voted to raise taxes to compensate for State education cuts (not me, other locals). Portola Valley is a Liberal – even if somewhat Libertarian – town that prides itself on having voted for Obama and Anna Eshoo, but being able to compensate for for State cuts in Education makes it much easier to ignore those cuts. End aside.

Giving African Americans and Hispanics Special Rights just pisses off those whites – and probably Asians – that feel that the Special Right of Affirmative Action is unfair. That those Special Rights are an attempt – no matter how ineffective – at compensation for the screwing the affirmed minorities got in the first place, is forgotten or was never considered. It is easy to say that those pissed off whites are wrong – or racist – but that doesn’t change anything, it doesn’t make them less pissed and, in most cases, it doesn’t make them want  to improve minority education.

For whatever reason, the people of Michigan voted against Affirmative Action and I think the court was right in upholding that vote. Jamming Affirmative Action down their throats would not solve the problem, it would just build resentment and resentment is part of the problem. After what I just wrote, it may not be obvious that I think everybody deserves a good education, but I do. I think that giving everybody the best education that they can absorb should be one of the main jobs of our government; it is way more important than killing illiterate Taliban in Afghanistan. I think that education should be free, good, and equal for all Citizens. It is not only a moral imperative but a better educated Citizenry makes for a healthier country. But, the Affirmative Action that Michigan voted against, didn’t do that, it only made some people feel better about themselves without solving the problem and it made even more people angry and resistant.

My only complaint with the new Section 26 of Article I of  the Michigan Constitution is that it does not go far enough, it should also eliminate legacy Affirmative Action. The idea that an Alumni’s kid should get preference at State schools, paid for by taxpayers, is wrong and unfair and should also be eliminated. Hopefully this Supreme Court ruling will get people thinking about how to solve the real problem.

One suggestion that I have read and that appeals to me is that the top students from every high-school get to go to the top Universities in the State. There are somewhere in the order of 2100 high-schools in California so there would be plenty of room for the top five students from each school. That would mean that the top five students from Woodside High or Redwood High would be automatically eligible for Cal or UCLA or Davis, et al. The top five students from Compton High or Fresno High would also be automatically eligible.

I am sure that there are other good ideas out there, but traditional Affirmative Action isn’t one of them.

Liberalism, Civil Rights, and LBJ

Lyndon Johnson cajoling-

It has been about 50 years since the passage of the Civil Rights Act. During that time, my memory of the man who made it happen, President Lyndon Baines Johnson, has faded. And, let’s be honest here, we liberals wanted it to fade…fast. To paraphrase Marc Antony, The evil that Lyndon Johnson did lived after him, the good he did was oft interred with his bones. But only in our memories is that true. In the bright light of now, the good that Lyndon Johnson did is pervasive and the evil is fading.

Of all the presidents that come to mind – of all the people, really – Lyndon Johnson is the one with whom I have the most ambivalent feelings. That was my opening line, but the more I think about Johnson, the less ambivalent I become. Somewhere towards the end of my post, I was going to say And – and it is a huge and – he escalated the Vietnam War in which 58,286 Americans died and 153,303 were wounded. He did escalate that tragic war, but he didn’t start it. Truman started it when he gave the French Colonial Forces air support, Eisenhower started it when he wouldn’t sign the 1954 Geneva Accords. Kennedy started it when he sent in advisors, and Johnson, who couldn’t do anything halfway, escalated the hell out of it. It became Johnson’s War. He knew it was wrong, but he couldn’t help himself.

For that, most Liberals – including me – find it hard to forgive Johnson. As an aside, I was so disappointed in the Vietnam War that I didn’t vote in 1968, even though Hubert Humphrey, the democratic nominee, was an early and strong proponent of Civil Rights and would have made an excellent President. I am very sorry for that now. End aside.

Besides Vietnam – and there really doesn’t have to be a besides – Lyndon Johnson was crude and, often, embarrassing to us effetes. He just looked crude – especially after the refined Kennedys – with his big, goofy, ears and a big nose. He acted crudely, calling his dick Jumbo, narcissistically showing the press his gall bladder surgery scar, lifting his beagles up by their ears. Shit, he even talked crudely, with his deep Texas’ Hill Country accent.

For years, we ended up interring Johnson’s greatness with his bones and only remembered the evil. We forgot his greatness, he was bigger than life; he was Hamlet more than Willie Loman.

During the 1960s Democratic Primaries, before I could vote – minimum voting age was 21 in those days – I was hoping that Johnson would be nominated. I don’t remember why for sure, maybe it was because Johnson was the only guy besides Estes Kefauver, I had heard of before the primaries; maybe it was because I have always been a sucker for smooth-talking Southerners; but it was probably because I was captivated by stories of Johnson and Rayburn meeting in Rayburn’s office, drinking Bourbon and Branch Water, plotting how to turn the country liberal during the Eisenhower years. As an aside, it was one of life’s minor disappointments when I learned that Branch Water was just a Texas way of saying Tap Water. End aside.

In that Liberal era, the 30s through the 50s, Southerns were liberal or, at least, Populist. The New Deal rested on Southern support and that support came with racism even with Liberals like Lyndon Johnson. The only time I have lived anywhere near the South was when I was in the Army, stationed in Texas – at Fort Bliss – and seeing the all-pervasive, undisguised, racism first hand was a shock. I shouldn’t have been shocked though, racism was the water the whole country swam in. In the South, it was more overt, but – everywhere – nice people, good people, admirable people, so-called-thoughtful people, thought Negroes to be inferior. Negroes were considered sweet and hardworking, but simple. Think Uncle Remus.

Then, it was very easy to be a Racist and a Liberal (I never even saw a black person in anything but a subordinate role until I started going to Jazz Clubs in the late 50s). Of course this is an oversimplification – President Harry Truman had desegregated the Armed Forces in 1948 and the Supreme Court ruled on Brown v. Board of Education of Topeka in 1954 – pressure was building for fairness and neither Black People nor a growing minority of Whites liked the status quo. By the 60s, that pent-up pressure was changing the world. In music, movies, writing, art, architecture, everywhere. Lyndon Johnson, now President, changed with it. That is also an oversimplification also; episodes of fairness can be found throughout Johnson’s life. He probably learned it even before  he was a janitor, working his way through Southwest Texas State Teachers College, certainly Johnson’s sense of fairness, his compassion, must have been there by the time he became a teacher at a Mexican-American school in south Texas. Still, he voted with the racist Southern Caucasus most of the time.

But, for whatever the reason, when Lyndon Johnson became president, he became a great champion of Civil Rights. He signed the The Civil Rights Acts of 1964 and 1968 and the Voting Rights Act of 1965. He not only signed those landmark bills, Johnson was the only reason they were passed. They passed because Johnson cajoled, browbeat, and traded favors with Southern Democrats to get them passed. He knew it was going to ruin the Democratic Party for a generation and he got three major Civil Rights Acts passed that changed our world. When he said, I am a freeman, an American, a United States Senator, and a Democrat, in that order, he was telling the truth.

He was also a transformative environmentalist, signing – hold on to your hat (or skip ahead) – the Clean Air Act, 1963; the Pesticide Control Bill, 1964; a Water Quality Act, 1965; the Water Resource Planning Act, 1965; a Water and Sanitation Systems in Rural Areas Bill, 1965; the Solid Waste Disposal Bill, 1965; Air Quality Acts, 1966 and 1967; and laws forming the National Water Commission. Not all of these were Johnson’s babies, most of them weren’t, but he gladly signed the bills.

He signed laws to give aid to education with Head Start in 1965 and the Elementary and Secondary Education Act which provided additional funds to schools based on the population of low-income students. He signed the Child Nutrition Act of 1966, the National School Lunch Act of 1968, and he signed Food Stamps into law with the Supplemental Nutrition Assistance Program. He was instrumental in establishing the National Endowment for the Humanities and the National Endowment for the Arts and he appointed Thurgood Marshall to the Supreme Court.

Along the way, he advocated and pushed through Congress, two major Health Bills; Medicaid and Medicare. (Yeah!! for Medicare, just ask anybody over 65.)

Now, fifty years later, I am starting to remember that Lyndon Baines Johnson in that short time, from 1964 to about 1967 – became one of our greatest and most influential Liberal Presidents. With that burst, he  might also have become the greatest Civil Rights President in our history.

Reception at Sweetie’s

Sweetie's Opening 2-1354

We do not see things as they are. We see them as we are. – Talmud

Thanks to Laura Atkins for making this happen; it wouldn’t have happened without her persistence. When she first started suggested showing a couple of pictures, I went through a process very similar to what I used to experience when shooting film. Then, I would take a picture, be thrilled when I got the slides back and saw that there was actually an image on the film, then go through each image and be disappointed. The pictures seemed so mundane. Then I went through them again and start to like individual photographs.

With digital, I get four times more pictures – they are free – and I know if they came out about 14 milliseconds after I take each one and look at the megadata on back of the camera. At first, they seem dull, washed out, and boring. When I go back, I start to fall for individual photographs. They become friends. But, when Laura started pushing me to have a little show, the friends began to feel mundane again. Why would anybody want to look at them, What do I have to offer that is different or new?  How presumptuous to think I do.

But, at this point, I didn’t have much choice, I had already committed. I printed a couple and fell in love all over again. I remember reading about Vincent van Gogh when I was a kid, and how he painted over paintings that didn’t sell because he was so poor. It seemed so sad until I started to do the same thing. I had a bunch of flowers that I had framed but never sold, so I yanked the backs off and replaced them with three Street Art shots.

Street Art-

I also ordered five, new, smallish, square frames and made prints for them. The frames arrived as promised but not the mats. As I was semi-melting down, Michele went down to university Art and got some standard 11×14 frames. I went back – in triage mode – and picked four new pictures which I ended up liking even more than the first, four, square pictures.

Building reflections-1840

Building reflections-9854

My plan was to have two different sets of pictures – Street Art and Building Reflections – and an exception for each set (sort of the yang dot in the middle of the yin field). I had two copies of an aerial shot of a Chinese city in the middle of a Karst formation. But, when I pulled it off the wall, it just seemed muddy and I wondered why I could ever have liked it enough to have two framed pictures around the house. But it was late, so I went with it.

China-3When Laura and I got all the pictures hung and I stepped back and looked at them, dressed to go out, I was very happy. Most of these pictures I had only seen on my computer screen and they look very different framed and hanging on a wall. Even better when it is somebody else’s wall.

 

This rain is good news, but – really – not all that good

Screenshot 2014-03-31 10.47.16

It is raining and NOAA tells me that it will pretty much rain all week. Even better, it is cold – for here – so it is snowing in the Sierras. We need the rain and we need the snow even more. Living on the edge of the continent, in a semi-desert, we have based our survival strategy on storing water, as snow, in the Sierras during the winter so that we can have water for the summer.

But we are getting less snow. Here in Northern California – and Southern California, for that matter – the snow is much more important than the rain. We live on an ecological edge of a cliff; we have built our supersized Civilization on that edge. If we don’t get a deep enough snowpack, it will become very hard to maintain that Civilization. We need the snowpack not just to drink and waste in showers, but to grow food.

For a long time, we mined water from the aquifer to make up for the decreasing snow-melt, but the aquifers are going down. While our situation is not as serious – or fanciful – as Las Vegas or Phoenix, we are running out of water. The rain is great and the land is thirsty and stressed and needs the rain, but this rain is not really going to change much.

In Collapse: How Societies Choose to Fail or Succeed, Jared Diamond investigates several past Civilizations and their economic and social collapse. Civilizations as diverse as Easter Island, Classical Mayan, and the Greenland Norse – and I would add us – pushed their environments to the very edge of capacity and then they got slammed by ecological change that, in turn, pushed the Civilization into collapse.

It seems to me that we are still in a mindset that explains everything as if it were an exception rather than the new rule and that mindset – of everything is atypical – gives false comfort. It is easy to think that this has been the wettest start to the month of March ever for Seattle because they are getting our rain – that the same, temporary, high-pressure ridge, that is keeping California dry – but it is not our rain, it is our past weather pattern. True, it may not be our future weather pattern, but it is possible that it is. Near Seattle, the rain caused a mudflow that killed somewhere around forty people but the disaster was also caused by over-logging. It is possible that it was not over-logging based on past weather patterns – however, there is evidence that it was – but it is over-logging for what is happening this year.

DROUGHT ridge 011414

According to Diamond, that is typical; it is what happened to other Civilizations that collapsed. Those falls from grace were self created – over-farming, overgrazing, over-hunting, denuding forests, sucking aquifers dry – and, with Global Climate change and our refusal to correct for it, there is no reason to think that the result will be any different this time around.