Sunday, December 23, 2012
Sexist Language in the United States Constitution - A Guest Post by Anna
Sexist language has received increasing attention in modern times, as people see how referring to "policemen", for example, carries the implicit idea that all police officers are male. Though some contend that male words can be gender-neutral and therefore also refer to women, this is unfair because female words are always taken as referring to women only (nobody would speak of "womankind" if they meant men and women, so nobody should speak of "policemen" if they mean policewomen as well, etc.)
Using "they" to refer to one person is an easy way to make language gender-neutral without constantly repeating "he or she", which can be awkward, but it is often considered ungrammatical. To this charge I would point out that the words "they"/"their"/"them"/"themselves" referring to a singular antecedent with indefinite or generic meaning occur over 75 times in Jane Austen's writings (mainly in her six novels), as well as in the writings of Percy Shelley, Lord Byron, William Makepeace Thackeray, Sir Walter Scott, George Eliot [Mary Anne Evans], Charles Dickens, and more, as you can read here: http://www.crossmyt.com/hc/linghebr/austheir.html.
Yet although gender-neutral writing has become increasingly popular in order to diminish sexism, we cannot go back and change historical writings which were created long before this idea took widespread hold. Theoretically we could amend the Constitution, but considering that did not occur with the Equal Rights Amendment, I doubt it would occur to change the Constitution's language. As it stands, the Constitution has much sexist language, and changing it to make it gender-neutral (as I have done below, after showing the original language) can change our interpretation of it. Even today, at least one person has used the sexist language in the Constitution to argue that women cannot be President (because the President is referred to as "he", etc): http://languagelog.ldc.upenn.edu/nll/?p=18
With gender-neutral language, obviously this could not happen. Furthermore, changing the language forces us to change our perceptions - reading of the President and the people in the House of Representatives as he, him, etc, pictures the in our minds as male, while reading of them in a gender-neutral way opens us up to the idea of a male President and Congresspeople. And seeing one of America's founding documents inclusive of women shows us what it would be like to have an America that considered women as full and equal citizens from the very beginning.
Below is the Constitution as it was originally written. I have bolded the sexist language so that you may see it more clearly.
Preamble
We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article I
Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2
1: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
2: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term often Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
4: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. 5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3
1: The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof,3 for six Years; and each Senator shall have one Vote.
2: Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. 3: No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
5: The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
7: Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4
1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
2: The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section 5
1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. 3: Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
4: Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6
1: The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
2: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7 1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
3: Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8
1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
2: To borrow Money on the credit of the United States;
3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
7: To establish Post Offices and post Roads;
8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
9: To constitute Tribunals inferior to the supreme Court;
10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
13: To provide and maintain a Navy;
14: To make Rules for the Government and Regulation of the land and naval Forces; 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9
1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
3: No Bill of Attainder or ex post facto Law shall be passed.
4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
5: No Tax or Duty shall be laid on Articles exported from any State.
6: No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10
1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article II
Section 1
1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
4: The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
5: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
6: In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
7: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
8: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section 2
1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2
1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; --between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section 3
1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article IV
Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section 2
1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
2: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
3: No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Section 3
1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. 2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Article VI
1: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article VII
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. The Word "the", being interlined between the seventh and eight Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page. The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In witness whereof We have hereunto subscribed our Names...
Below is the Constitution as I have changed it to replace its sexist language with gender-neutral language. I have bolded the new gender-neutral language so that you may see it more clearly.
Preamble
We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article I
Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2
1: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
2: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which they shall be chosen.
3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term often Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
4: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3
1: The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
2: Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
3: No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which they shall be chosen.
4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
5: The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when that person shall exercise the Office of President of the United States.
6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
7: Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4
1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
2: The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section 5
1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
3: Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
4: Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6
1: The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
2: No Senator or Representative shall, during the Time for which they were elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during their Continuance in Office.
Section 7
1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If the President approves they shall sign it, but if not they shall return it, with their Objections, to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to the President, the Same shall be a Law, in like Manner as if the President had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
3: Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by the President, or being disapproved by the President, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8
1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
2: To borrow Money on the credit of the United States;
3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
7: To establish Post Offices and post Roads;
8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
9: To constitute Tribunals inferior to the supreme Court;
10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
13: To provide and maintain a Navy;
14: To make Rules for the Government and Regulation of the land and naval Forces; 15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9
1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
3: No Bill of Attainder or ex post facto Law shall be passed.
4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
5: No Tax or Duty shall be laid on Articles exported from any State.
6: No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10
1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article II
Section 1
1: The executive Power shall be vested in a President of the United States of America. The President shall hold their Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows 2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
4: The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
5: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
6: In Case of the Removal of the President from Office, or of their Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
7: The President shall, at stated Times, receive for [here I removed "his"] Services, a Compensation, which shall neither be encreased nor diminished during the Period for which the President shall have been elected, and the President shall not receive within that Period any other Emolument from the United States, or any of them.
8: Before the President enters on the Execution of their Office, they shall take the following Oath or Affirmation:--“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section 2
1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; the President may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and [here I removed "he"] shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
2: The President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and the President shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3
The President shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as they shall judge necessary and expedient; the President may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, [here I removed "he"] may adjourn them to such Time as the President shall think proper; the President shall receive Ambassadors and other public Ministers, [here I removed "he"] shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2
1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; --between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section 3
1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article IV
Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section 2
1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
2: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which they fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
3: No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Section 3
1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Article VI
1: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Article VII
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
The Word "the", being interlined between the seventh and eight Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page. The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In witness whereof We have hereunto subscribed our Names...
Saturday, December 22, 2012
And The NRA Guy Speaks
Missives from the alternate reality, it was. Wayne LaPierre, the executive vice president of the NRA (the National Rifle Association), told us that the solution to too many guns and too many school and mall and other such shootings is more guns.
The NRA wants armed volunteers or paid arms men to guard every public school in the United States. As all schools have multiple entrances, we would need one for each door, I think. A great employment plan, that one! Of course schools don't have money for the classes they actually need to teach and the health care system doesn't have money for mental health care. But never mind! We can get shooting-minded individuals with guns inside the schools, to keep the "bad guys" outside the schools.
Yes, Mr. LaPierre's philosophical views about crimes, evil and guns can be boiled down to this:
The only thing that stops a bad guy with a gun is a good guy with a gun.Simple. Like a Wild West movie. And appropriate for a five-year-old's thinking.
As Atrios points out, what on earth could go wrong with a plan like this? Imagine the background checks all that would require! Because surely those volunteering for this service would include those who kinda plan to be the bad guys.
It's a stupid plan. Any killer would first take out the guard, from a distance. It's a stupid plan, what with the shootings at Fort Worth which is a military base. And it's a stupid plan, because his plan logically implies that if the "bad guys" look for places where there are no armed guards, then we will have to keep on arming more and more places, offering more and more guards, until, finally, every person going to the supermarket needs an armed guard. Well, at least all supermarkets do. And all hospitals, and any place where people ever might gather.
While writing this post, I quickly gathered news items from various very recent shootings in the United States. Here they are:
Relative shoots costumed girl after mistaking her for a skunk.
Authorities in central Pennsylvania are trying to determine why a man fatally shot three people along a rural road before dying in a gunfight with police.
A police captain says two people have been shot to death inside a nightclub in a suburb of Birmingham, Ala.
We need to arm lonely stretches of roads, night clubs and we also need to provide an armed good guy to all young girls who might be accidentally shot by their relatives.
Friday, December 21, 2012
News on Women and Gender
Are these stories:
What would the new constitution in Egypt mean for women's rights? Supporters of women's rights are worried about two articles, specifically, and also the fact that the constitution only mentions women in their role as mothers and has nothing to say about gender discrimination.
The uprising in Syria follows the Egyptian pattern (and, indeed, the pattern of all revolutions where women have been active participants) in that as the Syrian opposition gets closer to winning the civil war, women are pushed aside and silenced. The religious victors in both and Egypt and Syria do not bode well for women's rights. This is, of course, what happened after the French Revolution, too. Women got the Napoleonic Code as their reward...
A study seems to have addressed the question what makes some men into sexists. I haven't looked at it but it could be worth analyzing. The sample size, 400 men, is on the small side, however, unless all those men declared themselves to be sexist.
The case of Sara Reedy reminds us all of what far too often happens when a raped woman goes to the police:
Reedy was 19 when the man entered the petrol station near Pittsburgh where she was working to pay her way through college and pulled a gun. He emptied the till of its $606.73 takings, assaulted her and fled into the night. But the detective who interviewed Reedy in hospital didn't believe her, and accused her of stealing the money herself and inventing the story as a cover-up. Although another local woman was attacked not long after in similar fashion, the police didn't join the dots.
Following further inquiries, Reedy was arrested for theft and false reporting and, pregnant with her first child (by her now ex-husband), thrown in jail. She was subsequently released on bail, but lost her job. More than a year after attacking Reedy, the man struck again, but this time he was caught and confessed to the earlier crime.
When the charges against her were dropped, Reedy sued the police and has now won a marathon legal battle and a $1.5m (£1m) settlement against the detective who turned her from victim into accused. The payment was agreed earlier this year, but can be revealed only now because of a non-disclosure clause that was part of the settlement.
Though this story has a just ending, note that had been up to the police alone, Reedy would have stayed in prison for a crime she did not commit.
My apologies for most of these stories being sad or negative. I will work harder in the future to get positive stories, but in the meantime why not look at some of the good causes Katha Pollitt lists for your charity dollars?
Thursday, December 20, 2012
The Power Of The Fist: An Evolutionary Saga.
So, A new journal article argues that the human hand developed into the shape it has because the kind of hand we have makes the best possible fist for unarmed fighting.
How was that presumed evolutionary adaptation acquired?
Well, it seems that our prehistoric male ancestors fought over sex with each other. Women and access to them was the reward, and the guy with hands most adapted to boxing got all the women, passed his seed on widely, and, presto!, here we are with our human hands.
Those prehistoric ancestors fought with the Marquess of Queensbury Rules, I guess.
Here's more about the theory:
If you learn martial arts, one of the first things you get taught is how to make a fist properly. Classic mistakes include sticking the thumb inside the other fingers or curling it around the side. The right way is to wrap the thumb over the index and middle fingers. In this shape, the fingertips are cushioned against the pads of the palm, and the first two fingers are cushioned against the thumb pad and the thumb itself.And then there's that usual story of how all this meant a new hand shape for humans!
By getting martial artists to hit a punchbag, and measuring the forces acting on their fists, David Carrier and Michael Morgan from the University of Utah confirmed that this shape allows the various parts of the hand to buttress each other, turning a flat hand into a stiff, compact club. This channels the force of a punch into the palm, wrist, and forearm, and protects the delicate fingers.
But more controversially, Carrier and Morgan also suggest that this might explain why the proportions of our hands evolved in the first place—for stability during combat, rather than dexterity during tool use.
Compared with the hands of other apes, our palms and fingers are shorter, and our thumbs are longer, stronger, and more mobile. That makes for a stronger fist, and would have allowed “competing males to strike with greater force and power while greatly reducing the risk of injury to the hand,” they write.
It’s an idea that has divided opinion. I contacted four scientists about the study. Two expressed their respect for Carrier’s wider work but were unconvinced by his new idea (although neither wanted to comment on the record). A third—Brigitte Demes, who studies the limbs of primates at Stony Brook State University—said that the actual experiments were sound, but “the interpretation is far-fetched”.
So, the story goes like this: Our male ancestors fought each other for mating rights. Their hand proportions evolved from those of a typical ape, to those that allowed them to whack each other without breaking their hands. With their non-self-destructing punches, our fore-fore-fore-forefathers got more sex, and gradually their hands attained the proportions of a modern human’s.Don't you love it? Video recorders were at the site to give us proof of the boxing matches and so on.
What are the other problems with this quite fun theory?
First, as Ed Young states in the piece I link to, making the martial arts fist is not a natural thing for humans, and the shape we were taught,* the two-knuckle punch fist, is not the shape boxers use to make the fist. The two-knuckle fist is efficient, sure, because the power of the punch hits a small area and the way the wrist is extended protects both it and the hand. But one needs to have the cultural teaching to make it. If it was the natural way to make a fist, then at least all men would make it naturally, right?
Second, as Ed Young also records, apes fight with their teeth and use open slaps instead of punches. We don't know the shape of those prehistoric ancestors' teeth and so on, but they were probably bigger than ours. In other words, they may have had more efficient ways of fighting than boxing, and probably did.
Third, the theory seems weak to me in the following sense: We use our hands for most everything. To imply that their shape is determined by one specific use, and not a terribly frequent one, most likely, requires very strong evidence to tell us how the new shape didn't interfere with any of the more frequent tasks we have for our hands.
I'm pretty strongly in the camp of those who believe that the shape of our hands is what it is because it's good for manipulating tools (sewing leather with a needle, say) and for interacting with the environment in general.
The story in this study tells us more about the difficulty of drawing evolutionary explanations. First, the initial data begins with a very specific group: martial artists, and a very specific fist: the two-knuckle-fist. It then moves on to more general theorizing about fighting, not boxing, and only unarmed fighting, while holding the initial specific example at its core. That makes it easy to ignore the obvious alternative fighting methods. Finally, it argues that dexterity in object manipulation could be achieved with hands of different shape, but fails to notice that this is quite as likely to apply for fighting applications.
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*To this day, when I make a fist the two front knuckles stick out and the rest recede. The power of repeated practice! The callouses do disappear over time, however. For more on martial arts by me, see this blog post on how to make a fist and this one on the womanly art of self-defense.
Wednesday, December 19, 2012
More Blog Housekeeping
I've added a link (in the right column) to Melissa's post about how to see the comments if you are reading this blog from some other country than Murka. Let me know (by e-mail or Twitter) if it doesn't work. I can't test it from here.
In other housekeeping, it's not getting done. The Snakepit Inc. is very cozy with all the spider webs undisturbed. Ecological balance..
And The Conservative War On Women Continues: Charlotte Allen, The Misogynist.
Here we go again:
National Review, whose in-house editorial suggested Newtown was the price of the Second Amendment, published a piece on Wednesday from anti-feminist Charlotte Allen suggesting the reason the shooter was able to kill so many students was because Newtown was a “feminized setting:”
There was not a single adult male on the school premises when the shooting occurred. In this school of 450 students, a sizeable number of whom were undoubtedly 11- and 12-year-old boys (it was a K–6 school), all the personnel — the teachers, the principal, the assistant principal, the school psychologist, the “reading specialist” — were female* There didn’t even seem to be a male janitor to heave his bucket at Adam Lanza’s knees. Women and small children are sitting ducks for mass-murderers. The principal, Dawn Hochsprung, seemed to have performed bravely. According to reports, she activated the school’s public-address system and also lunged at Lanza, before he shot her to death. Some of the teachers managed to save all or some of their charges by rushing them into closets or bathrooms. But in general, a feminized setting is a setting in which helpless passivity is the norm. Male aggression can be a good thing, as in protecting the weak — but it has been forced out of the culture of elementary schools and the education schools that train their personnel. Think of what Sandy Hook might have been like if a couple of male teachers who had played high-school football, or even some of the huskier 12-year-old boys, had converged on Lanza.
Charlotte Allen hates women. That's not an overstatement. She was the author of the famous Washington Post column which tells us that we women are dim and we shriek. She wrote a column about women dressing as whores and sluts for Halloween, and she wrote a column summarizing all the most misogynistic ideas about women and sex.
So she hates women. Lots of people do, in fact, but most of them don't get column space in the National Review.
In a sense, correcting Allen's misogynistic arguments makes no sense. But it's worth noting that there was an adult male on promises and that was the shooter. It's also worth noting that not only the principal but several of the teachers acted extremely bravely and some sacrificed their lives for the children. And it's worth noting that if we took seriously her argument that feminized settings have the norm of helpless passivity (what an asshat she is!), then masculinized settings have the norm for random violence. Both stories have about the same truth value, in my view.
Allen admits the bravery of the principal and the teachers but then simply ignores it, in favor of various imaginary scenarios of what husky 12-year-old-boys might have achieved or how high school football training would have turned a couple of male teacher into a force that could have stopped a shooter with more than one weapon, including a semiautomatic one.
And don't you love this bit?
Male aggression can be a good thing, as in protecting the weak — but it has been forced out of the culture of elementary schools and the education schools that train their personnel.
My brain just exploded all over the desk, given the actual events she pretends to write about. In any case, the teaching of small children has probably always been a female-dominated occupation, not something that anyone has forced on the schools. If anything, elementary schools would love to have more men among the teachers, though not for the reason that they can be sacrificed as battering rams in the case of massacres.
Poor Ms. Allen. How does she cope with that humongous self-loathing she demonstrates? See how my feminine empathy reared its ugly snake head there?
Back to righteous anger: Note that the women teaching small children are performing one of the few legitimate roles extreme anti-feminists allow women to have in the labor markets. But even that doesn't protect them from the misogynistic knitting needles of one Charlotte Allen.
The real question is, of course, why The National Review finds Allen's thoughts worth publishing. The only possible answer is that they are continuing the war on women, on all fronts.
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*Added later. This link argues that she also makes five factual errors in the first two sentences.
Tuesday, December 18, 2012
The Possible Spread of Conscience Clauses?
I was reading this about a possible conscience clause in the US military:
Some House Republicans are pushing for inclusion of a “conscience protection” clause in the final version of Pentagon budget legislation that could enable discrimination against gay service members, according to LGBT advocates familiar with conference committee negotiations.
The measure could be made final as soon as today.
Two LGBT advocates, who spoke on condition of anonymity, said House Republican conferees working on the final version of the fiscal year 2013 defense authorization bill are pushing for language along the lines of the “conscience protections” in the House version of the legislation under Section 536. One source said this language is “very much in play” for being in the final version of the bill and is one of the final issues yet to be resolved as conferees wrap up the legislation.
Under the language, the U.S. military would have to “accommodate the conscience and sincerely held moral principles and religious beliefs of the members of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality” and may not use these beliefs as the basis of any adverse personnel action or discrimination. Additionally, it would prohibit the U.S. military from taking action against military chaplains who decline to serve a particular service member based on religious beliefs.
It's hard to know if any of that is more than rumors at this point. But it suddenly struck me that the concept of a conscience clause can be used far outside the topic of abortions and contraceptives in health care! A conscience clause could legitimize any kind of discrimination, anywhere! How very neat!
For instance, employers could say that they cannot hire women because taking women out of their homes is against their conscience. Or employers could say that they need to hire workers of only one race because their conscience doesn't allow miscegenation. And think of what scope religious beliefs would give to discrimination! A very strict Muslim would oppose any mixing of the sexes at work or at school. And so it goes.
Something so innocent-looking and so much a problem only for those "baby killers" can travel far, grow big and stand tall against the idea of fair treatment.
Sure, I'm going to the extremes with this post. Still.
Monday, December 17, 2012
Guns And the Decline Of The Young Man: The Need To Be Deferential.
This is the connection Christy Wampole draws at the Opinionator blog of the New York Times. The causal arrow her bow shoots is from the decline of the young man to mass shootings. A snippet:
This is merely anecdotal evidence, not social science, but I believe that it is indicative of a sort of infection spreading in our collective brain, one that whispers to the American subconscious: “The young men are in decline.” They were once our heroes, our young and shining fathers, our sweet brothers, our tireless athletes, our fearless warriors, the brains of our institutions, the makers of our wares, the movers of our world. In the Western imagination, the valiance of symbolically charged figures like Homer’s Ulysses or the Knights of the Round Table remained unquestioned since their conception. However, as centuries progressed and stable categories faltered, the hero figure faces increasing precarity. Even if we consider the 20th century alone, we see this shift from World War II, when the categories of good and evil were firm, to later conflicts like the wars in Vietnam and Iraq, involving a disparity between what the government believed to be right and what much of the civilian population did.
Does the heroic young man still make sense today, or has his value already been depleted?
An interesting thesis. I don't believe in it because I don't believe that young men have ever been "our heroes, our young and shining fathers, the movers of our world." Most young men have never had that great powers, to move the world, and very few people of any type are heroes. And what on earth is a "shining father?" One decked with Christmas tree lights?
I also don't think that being "heroic" is a very common life objective for anyone. Being heroic either requires something truly unusual (as in the case of these principals and teachers in the latest massacre), or it's just a stupid and false label for people who are OK citizens.
Wampole then continues:
If the soldier has largely been replaced by the video game character and the drone, if the mothers have proven that they can raise the children alone, if the corporations are less able or willing to guarantee the possibility of upward mobility and some level of respect that comes with title, if someone else can bring home the bacon, what is left for young men?
All this, and they still are not allowed to cry.
Here's where women enter the column. Women have proved that they can raise children alone, that they can bring home the bacon, so what are young men needed for? This juxtaposition smells ever-so-slightly of the argument that if women hadn't become workers in the labor market, if women had remained at home, safely married to a bread-winning husband, then these young men wouldn't have to go out and shoot lots of six-year-olds.
I don't think Wampole necessarily means that. Or does she? Who knows. But a different way of putting the same argument would be to state that some men have trouble with changing sex roles and would prefer the old rules back, whatever their costs to others might be. That's probably true. But are those young men the group from which mass shooters come? I don't think Wampole proves her case. The examples she quotes do not fit the profiles of the most recent mass killers who are not economically deprived, unemployed or otherwise fighting hard times in their lives. Indeed, most of them seem to have been still students.
Never mind. Wampole does turn to that group next. Her take is a slightly unusual one and it would have sat better without that preamble:
The angry white man has usurped the angry black man.
I would argue that maleness and whiteness are commodities in decline. And while those of us who are not male or white have enjoyed some benefits from their decline, the sort of violence and murder that took place at Sandy Hook Elementary will continue to occur if we do not find a way to carry them along with us in our successes rather than leaving them behind.
For women, things are looking up. We can vote, we can make more choices about our bodies than in decades past, we’ve made significant progress regarding fair pay, and more women are involved in American politics than ever before. The same can be said for minorities. However, because resources are limited, gains for women and minorities necessarily equal losses for white males. Even if this feels intuitively fair to many, including those white males who are happy to share resources for the greater benefit of the nation as a whole, it must feel absolutely distressing for those who are uncomfortable with change and who have a difficult time adjusting to the inevitable reordering of society.
From the civil rights and feminist movements of the 1960s and onward, young men – and young white men in particular – have increasingly been asked to yield what they’d believed was securely theirs. This underlying fact, compounded by the backdrop of violent entertainment and easy access to weapons, creates the conditions for thousands of young men to consider their future prospects and decide they would rather destroy than create.
Can you imagine being in the shoes of the one who feels his power slipping away? Who can find nothing stable to believe in? Who feels himself becoming unnecessary? That powerlessness and fear ties a dark knot in his stomach. As this knot thickens, a centripetal hatred moves inward toward the self as a centrifugal hatred is cast outward at others: his parents, his girlfriend, his boss, his classmates, society, life.What do you think of that? There may be something in a few parts of that quote. But this society really is NOT telling white men that they are unnecessary. If anything, it tells us that all the top places are still occupied by white men, that the churches are operated by white men, that politics is certainly much, much more male than female.
But my major counterargument is that Wampole's thesis doesn't explain the events in China. China is not a feminist paradise but closer to a patriarchy. The preference for sons there is strong, the political machine is overwhelmingly male. Yet China, too, has had its cases of school attacks. They are not mass shootings because of different gun laws but they are very similar in the selection of victims to the US situation. Wampole's thesis doesn't explain those events.
Neither is Wampole showing us that the group of disgruntled white men she writes about is the group from which the school shooters come. What I have read about past shooters and about Adam Lanza demonstrates a more complicated group of reasons, starting with social or psychological adjustment problems very early in life.
I'm also not convinced that today's young men would have had expectations of being treated as number ones however they behave. That may have been (but probably wasn't) the case for those who were born in the 1950s, say, but not for the last twenty or thirty years. After all, women started entering college in larger numbers by the early 1990s, Geraldine Ferraro was a vice-presidential candidate in the 1980s.
What is Wampole's cure for the malady that has infected white young men? It is empathy:
Empathy could serve many of us: those who have not yet put themselves in the position of a person who is losing their power and those who can aim a gun at someone without imagining themselves on the other end of the barrel. For those of us who belong to a demographic that is doing increasingly better, a trained empathic reflex toward those we know to be losing for our gains could lead to a more deferential attitude on our part and could constitute an invitation for them to stay with us. To delight in their losses and aim at them the question, “How does it feel?” will only trigger a cycle of resentment and plant the seeds for vengeance. It is crucial to accommodate the pain of others.
A curious coincidence: I was just working on the first draft of my perhaps-to-be-book, and came across various evolutionary psychology arguments which stated that women are naturally hard-wired for empathy, men equally naturally not. If empathy is natural for women, Wampole couldn't ask any from men and wouldn't have to ask for any from women. We'd be bubbling over with it already.
And many people are. Empathy is an extremely important tool. Even I, a horrible feminazi, feel much empathy with those who are in pain, whether the reason for their pain meets my approval or not.
But "a more deferential attitude????" From women? Because that is what she writes. Women should have a more deferential attitude towards angry young white men and that way no young white man would turn into a school killer.
I can't be reading that bit right. But what other way is there to read it? What does "a more deferential attitude" mean? Bringing back a rank-order of men over women? Serving all men in the family first? Please give me more meat on the bones, Wampole. Should we curtsey or what?
OK. So I got angry, and I belong to the social group who is not allowed to be angry. But surely empathy can be reconciled with equality? Or is Wampole implying that equality is not sufficient?
And on that "delighting in their losses" bit: I have never done anything of the sort. My guess is that Wampole has read one or two of those "end-of-men" books and then generalizes from them to all women everywhere.
I get very tired over events such as the "end-of-men" faddish trend, written as if we already live in a matriarchy, as if all feminists are gloating over their past oppressors and so on. Never mind how hard I write about the real issues (yes, outsourcing has cost us terribly in terms of blue-collar-traditionally-male-jobs, and, yes, we must encourage more boys, especially minority boys, to stay at school and attend college) and the imaginary issues (the mancession, the evil feminist matriarchy which really runs the world, how earning 70-80% of what men earn makes women the wealthier sex and so on), those faddish trends have a rich life of their own, fed by clicks and nasty comments and money. It's very tiring.
To return to Wampole's column: Is there anything useful in it?
I'm not sure if it has much to do with the school shootings, directly, but it does remind us of the fact that there never was a real movement similar to the waves of feminism among men, a movement which would have redefined men's roles the way feminism (and other forces) redefined women's roles.
The old roles are now like square pegs trying to fit into round holes, and it's high time to address that. Yes, men are needed, just as all human beings are needed. We all come with a bunch of talents and personality traits, and we need to find a way to make better fits between individuals and the society. We should address the problems of men who have become unemployed because of that outsourcing. They should get real support, job training and jobs, psychological support and respect, just as women need those things. We should address the real problems of young men, of all races. We should discuss the violent aspects of the traditional definitions of masculinity and we should encourage young men in need to seek help. We should also make sure that the help is there.
Men should also accept their changing roles in the family.
The new roles are better roles, I think. They involve being a full parent, not just a disciplinarian who brings home money, to paraphrase the old definition of a male bread-winner. The new roles mean being emotionally available to the children, doing real parenting, being there, in one's totality, when one is there.
But many, if not most men, are already doing all that. Many, if not most, young men are already adjusting to the society, finding their places and becoming useful members of it.
Empathy is also important. It's not uncommon in politics to dehumanize the opposition. But ultimately it doesn't work. Where I disagree with Wampole is in her hint that it's up to women, the new rulers of the world (tell that to women in most countries! tell it to women in the US!), to do this work. We ALL should be able to see the human in other people.
But nobody should demand deferential behavior from us just because the other person is male or white or belongs to some other traditionally privileged class. Deferential behavior requires something worth being deferential about. Good deeds, for instance. Some greatness.
Empathy alone is insufficient, in any case. If I have an infected finger because of a splinter, I don't baby the finger. I dig out the splinter. In some ways Wampole asks us to emphatize with the finger but pretend that the splinter is not there. In other words, feminine empathy is most likely too weak a medicine for what ails those individuals who might become school killers. It's too weak even for the problems of angry white men, if those are caused by receiving less privilege than was the case in the past.
Finally, the assumption that various young school killers didn't receive adequate empathy is just an assumption, not a proven fact. Perhaps they were given much empathy but they were unable to receive it?
Some Good News On Gun Control
We may achieve some minor steps in that direction. President Obama has hinted at that and several pro-gun politicians have expressed some willingness to expand gun control laws.
Even Joe Scarborough has changed his mind on the topic:
It is probably human nature to find horrors striking very close to oneself emotionally more powerful than distant horrors. It's our back-brain asking what the risk is and whether we should run or hide to avoid that "saber-toothed tiger" (it's always that animal, for some odd reason, in those prehistoric sagas). These dead children looked like his children, they lived nearby and belonged to the same social class. The horror struck almost at his home.
It takes effort to extend that empathy further and further out, though it can be done, and we should all work at that task. Still, our imagination is stretched less when the victims remind us strongly of our own situation, our own children, our own neighborhoods.
Some of those responses could be racist or xenophobic. But a considerable part, I believe, has to do with our limited empathic imagination. When we hear of a disaster which has killed 10,000 people, our reaction cannot cope, cannot fathom such numbers, cannot grieve 10,000 times as much as we would grieve for one neighbor, one family member. We would burst into small pieces should such a magnification be possible.
So we resort to reading about the individuals in that disaster, their stories, their deaths, and that is how we slowly, very slowly accommodate the magnitude of the horror. I think something of that sort happened to Scarborough, especially because the stories were so familiar to him, so close to his family.
Another human common desire is to want something good to come out of horrors, to want the deaths made meaningful that way. I share that desire as I share the limping nature of my empathy. I'd like these deaths not to be wasted, even though all such deaths ARE wasted. I'd like changes to gun control to come from this massacre, I'd like to have a future where I never need to write of yet another shooting with multiple victims, with the usual questions about why the killer killed. I'd like to have no news about gun murders to cover.
Nine Facts About Guns And Mass Shootings in the United States. What's Missing?
This is a good list, these nine facts about guns and mass shootings. But, as usual, it omits the most obvious fact. David Sirota addresses some of what was omitted in his Salon piece, titled "Time To Profile White Men?"
Yesterday, during a cable news discussion of gun violence and the Newtown school shooting, I dared mention a taboo truism. During a conversation on MSNBC’s “Up With Chris Hayes,” I said that because most of the mass shootings in America come at the hands of white men, there would likely be political opposition to initiatives that propose to use those facts to profile the demographic group to which these killers belong. I suggested that’s the case because as opposed to people of color or, say, Muslims, white men as a subgroup are in such a privileged position in our society that they are the one group that our political system avoids demographically profiling or analytically aggregating in any real way. Indeed, unlike other demographic, white guys as a group are never thought to be an acceptable topic for any kind of critical discussion whatsoever, even when there is ample reason to open up such a discussion.
All interesting. concerning that "white" part of the group "white men." But Sirota never got around to writing about the "men" part. In fact, there's some evidence which suggests that some Asian men also carry out similar massacres, or try to, in places where it's hard to get hold of a gun.
The remaining invisible elephant is naturally the gender of those who carry out mass shootings. It's overwhelmingly male.
This does NOT mean that all men are somehow likely to run amok or that no women ever do. Very, very few individuals do. And there have been at least two cases of mass shootings by women in the United States, though I had to search for those. The cases by men are much more common, and because of the roughly equal numbers of men and women in the population, this difference deserves our attention, however uncomfortable looking at it might be.
Why is it not getting real attention? I think the answer is probably the fact that men are regarded as the default when it comes to human beings. It's hard for us to see men as part of some amorphous mass of maleness, the way we more easily have learned to regard individual women as such morsels of femaleness. The latter is because women are not the default setting of "a human individual" in quite the same way. Women almost always carry a small taint of their group membership, just as minorities always carry a small taint of their group membership, even when the individuals are men.
That's just the way "the default" is constructed in societies. Thus, we talk about "black violence" (while actually meaning black male violence) but rarely about "white violence" or about "male violence." Certain groups are invisible because they are regarded as the overall picture. Paradoxically, the individuals belonging to the default group get to be treated mostly only as individuals.
That should be the goal for all of us, of course. But in this particular example, it makes us look for only some possible solutions: How did Adam Lanza differ from other young men of his race and social class? What happened to him that didn't happen to them? Did he shoot all those children because of an illness?
Those are not inappropriate questions. But the invisible elephant about the most common gender of mass shooters turns other questions invisible. Is there something about masculinity in the cultures which pushes men with certain problems to this direction but not women with the same problems? Is the answer in our genes? Some mutation which the xx protects women from? Or does this have to do with who plays violent video games and why? And what is the relation of these massacres to the generally higher rates of gun violence committed by men?
An obvious response to my arguments would be that everybody knows mass shooters are mostly men. The fact is just obvious. But ignoring the questions coming from that obvious fact, and the answers they may elicit, are lost if we simply skip over "what is obvious."
Sunday, December 16, 2012
Guns Don't Kill People, People Kill People...
An electric lawnmower and a pair of nail scissors can both be used for cutting the grass, right? It's the human being who cuts the grass, not the innocent lawnmower.
That's a different version of the argument I right now read everywhere on the Internet: Some version of the guns-don't-kill-people-people-kill-people. I think it shows the differences in effectiveness.
That's why guns are what we should talk about when it comes to horrible events such as the Connecticut school massacre. Especially semi-automatic guns.
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