Policy

Of Pizzas & Cakes

Dave Davis Commentary, Policy, Uncategorized

The Supreme Court decision in favor of the owner of the Masterpiece Bakery who refused to bake a custom designed wedding cake for a gay couple.  He had explained his refusal on religious and free speech grounds. His victory wasn’t based on any rights but turned on the animus of the commissioners. As such it settled nothing. This got us to thinking about our 4/2/15 post We’re Confused about Indiana.   Re-reading this post  relating to  a persecuted pizza shop, we still think we were on the right track but realized we had missed the major point.  Simply, the vast majority of these types of cases should-be been immediately tossed out of court.  Hear us out.  In April, New York attorney Steven Molo turned down a request to represent President Trump.  A top-notch attorney was needed to replace the then lead attorney John Dowd and the well credentialed Molo fit the bill, but he said no. He didn’t have explain.  Even the President couldn’t demand his personal service  No was sufficient. Now imagine if President Trump had approached clothing designer Calvin Klein to design his inauguration wardrobe and Calvin said no.  Could the President sue to compel  Klein’s performance in his service?  Obviously not!  There never was a “meeting of the minds” so no contract.  Further the 13th amendment precludes involuntary servitude and even if the President really pushed, coercion doesn’t work under our law. Simply in either case, you can’t demand personal performance.  They could just say no and that’s the end of it.  Did Molo and Klein have to give any reason for their refusal?  No, unless they wanted to but it would be immaterial. Even the President isn’t legally owed an explanation. No is no and that’s the end of it.  But what if either or both said they refused on religious grounds? Say, they’re Catholics and Trump  is unrepentant Presbyterian. Could the President then take his case to the local civil right commission?  Of course not.  This would mean people could be stripped of their right to say no simply because they mentioned 1st amendment rights.  This would lead to the absurdity of losing a right simply by bringing up another constitutional right.  This would be turning the law on its head. Yet, this is exactly where we are. Now, the President has every right to go to Amazon and purchase any book on the law or anything else Molo wrote or go into Macy’s and purchase Calvin Klein branded clothes.  These are offered to all for sale and cash payment completes the contract.  This is general commerce and Molo and Klein can do nothing legally to prevent these sales.  However,  general commerce is different from personal unique services and products and we have always recognized the difference.  One apples and the other oranges.

There are excellent reasons for this distinction. It protects both parties. It protects people from unwarranted demands for their personal skills.  Also, it protects people from foolishly forcing the produce of people who have less than their best interests at heart.  Imagine a President Trump on inauguration day realizing he’s being mocked for an ill-fitting ugly suit.  Worse being perp-walked out of the white house after impeachment and realizing Nolo just might not have given his best advice and efforts.  Further, it prevents the inevitable litigation that would arise and that certainly is in the courts interest.

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The Future Party 3

Dave Davis Commentary, Policy, The Future Party, Uncategorized

How realistic is it a new successful major party could actually come into existence?  With any new product, the first question, is there a market for it?  While on the surface overwhelmingly Republicans appear to be Trump supporters.  The Wall Street Journal /NBC polling put Trump’s approval rating among Republicans is 80% to 15% disapproval.  Looks as if Republicans and Trump are synonymous. However, the poll dug deeper to show only 54% favor Trump over party while 40% favor party over Trump.  While Trunpists are clearly a majority of in the party, a sizable put party above Trump.  Conversely, The Liberal dominated Democrats are near unanimous is their opposition to Trump 91%  to 7%. Yet while those Democrats considering themselves liberals has grown to 51%, 47% consider themselves moderate/conservative.  Serious minorities in both parties are less than enthusiastic Trumpists or liberals even though they’re not dominant in either party.  This means the candidates put forth by the dominant wings of their respective parties may not reflect their views and desires.  Given the extreme wings control of primaries they aren’t likely to get such candidates reflecting them  any time in the future.

So what, you might say.  They’re just minorities and minorities don’t win.  Remember we’ve just mentioned Democrats and Republicans, but according to the latest Gallup Poll, Republicans make up only 24% of the population while the Democrats are marginally better at 29%.  Fully 45% are independents. These are people refusing to identify with either party let alone with their extreme wings. Taken together with the party minorities it appears there is major part of the voting public not fully served by the candidates of the two major parties.  This is a market worth pursuing.

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The “Future Party” Continued

Dave Davis Commentary, Policy, The Future Party, Uncategorized

Given our two major parties either are in alignment on major policies or in silent agreement to keep certain hot button issues at the boiling point, a little competition might be expected to come in to take advantage of an under served market. There actually are people who have noticed continuing down our present fiscal path can only end in disaster.  The only question is when.  Maybe they’ve noticed our rapidly aging population and realize it is also on the verge of declining.  Just to keep our social programs going we need more not fewer people.  Free markets have raised millions and millions of people out of grinding poverty and some recognize this and fear the effects of a reversal.   We live in a shrinking world and it’s unreasonable to think we can be a walled off “Big Switzerland.” Most don’t want to be asked if they’re pro-life or pro-choice when they’re actually somewhere in the middle.  Instead of endless fruitless fighting  about guns many are asking if all these people knew the perpetrators of these mass murders were disturbed or had mental problems why was d nothing was done?  All these people just might be asking “where do I go to find somebody to represent my views?”

Progressives may feel they have won the culture wars, but the backlash has contributed mightily to the fact Democrats control very little that matters.  Further it has greatly contributed to the nations ugly divide.  An update of William Graham Sumner’s “Forgotten Man” might be illuminating.  In his 1876 essay he put it in algebraic terms,

As soon as A observes something which seems to him wrong, from which X is suffering, A talks it over with B, and A and B then propose to get a law passed to remedy the evil and help X. Their law always proposes to determine what C shall do for X, or, in better case, what A, B, and C shall do for X… What I want to do is to look up C. I want to show you what manner of man he is. I call him the Forgotten Man. perhaps the appellation is not strictly correct. he is the man who never is thought of…. I call him the forgotten man… He works, he votes, generally he prays—but he always  pays…”

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The “Future” Party

Dave Davis Commentary, Policy, The Future Party, Uncategorized

The funeral of Barbara Bush, the matriarch of a preeminent Republican family illuminates just how broken things are.  While former Presidents of both parties attended there was a notable no-show, the present Republican President Donald Trump.  Now sitting presidents don’t always go to first lady funerals, but who wouldn’t want to be seen paying his respects to “America’s Grandmother,” especially a publicity addict like Trump. He didn’t go simply because he wouldn’t  have been welcome.  Think about it.  The leader of the Republican Party wasn’t welcome at the funeral of the wife of one Republican president and the mother of another.  If this doesn’t alert the nation to a major split in one of our two major parties nothing will.  In fact, most of the Republican attendees must feel they no longer have a party.  Rolling over for the present President would mean surrendering their values.  According to recent polls, they are a minority in their party, with the President viewed favorably by at least 70-80% of Republicans.   As the Senator  from Arizona, Jeff Flake, found there is no  room for those old Goldwater-Reagan people in the present party.

A move to the other major party offers no welcoming home either.  If you’re a free market Republican strongly favoring trade agreements such as the Trans Pacific  Partnership (TPP) you might find kindred souls among the Democrats. After all, it was negotiated by the then Secretary of State Hillary Clinton under the Obama administration.  Surely on this issue at least these Republicans could join with Democrats.   This would be way off base.  To placate the dominant progressive wing of that party, Clinton simply ran away from her own handiwork.  Bernie Sanders and the progressives didn’t want any part of TPP so she caved.  Odd, the dominant Trump wing of the Republicans had exactly the same position on TPP as the dominant progressive wing of the Democrats. On closer inspection this isn’t odd at all .  On major issues these supposed blood rivals are in basic agreement or have symbiotic relationship. Continue reading →

China

Dave Davis Policy, Uncategorized

If the Russian situation isn’t enough to keep you up at night, our “policy” in the Far East should do the job.  North Korea threatens us with nuclear tipped missiles it hasn’t quite perfected  and we agree to a summit that can do nothing but enhance the prestige of that country’s dictator.  We are counting on China. to apply pressure on the  North Korean Dictator Kim to give up his Nuclear weapon systems, at the same time we are on the verge of a trade war with them over their predatory trade policies. Seems China is in a fortuitous of position to get a pass on trade if they help us on North Korea.  How did China get in this position and we ended up on the horns of the dilemma?

Now, North Korea is a Chinese Satellite much the same as Belarus is to Russia.  Both look to their masters before taking any action. What if Belarus President Alexander Lukashenko was determined to undertake a nuclear program to threaten its NATO neighbors especially Poland, Lithuania and Latvia. Would our President meet with him to get him to give up his program? Of course Putin would  offer to mediate the problem if we would remove our sanctions on Russia for his good offices. One would like to think we wouldn’t fall for this and would properly hold the puppet master Putin responsible . and go right after him.

Yet this is the same as our East Asia Dilemma. If Kim didn’t know his master he wouldn’t have been on the next train to Beijing when Xi whistled. Don’t be fooled with the reports China has been taken aback by North Korean actions.  If China didn’t want North Korea to have Nuclear missiles it would never happen. Kim would get the message and stop the program or he would be gone and someone more obedient would take his place  After all China is the only country providing anything of value to North Korea. There would be no collapse sending millions of starving Koreans into China, just a quiet military coup.  Those that have profited so handsomely from  North Korean Stalinism only have to be assured of their positions with the new boss. So why doesn’t China make the move?  Simply because this situation serves China’s purpose.  Think about it. China threatens major trade routes counter to our and our allies interests. They steal our and other’s intellectual property along with other unfair trade practices.  Without the North Korean situation, we would be taking a much more adversarial attitude towards China. Yes we’ve threatened put on some tariffs but those will probably go in payment for any help China gives in halting the North Korean Nuclear program.  You just can’t punish someone when you’re simultaneously begging for their help.  China has us just where they want us.

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