Snapping Turtle
The personal blog of David W. Guth
Copyright © 2012
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Blogging my way from Tornado Alley to your computer screen, these are the personal observations of David W. Guth.  There are a lot of people online with nothing much to say.  I am not one of those folks.  I hope that you find my comments insightful, provocative and occasionally amusing.  I am a college professorJayhawk Journalist and writer.  I am not software engineer.  I am a content guy. Whatever this blog may lack in flash will be more than made up for in substance.  From the photo (left) you may also assume that I have East Coast roots -- I grew up on Maryland's Eastern Shore and am a proud Terrapin. The purpose of this blog is simple: I want to practice what I teach.  How can a guy talk to students about social media if he doesn't participate in the online discussion?  So here is my foray into Web 2.0.  I also want to demonstrate that writing doesn't take a lot of words: My blog entries will brief. If you wish to comment on anything you read, please feel free to do so at dguth@ku.edu.  I'll answer you directly or in this space as the demands of my real life permit. And now, the legal stuff: Opinions expressed in this blog are those of the author and do not necessarily represent those of his employer, his publisher, the Internet service provider or that of the Commissioner of Major League Baseball.  Unless otherwise noted, the contents of this blog are the intellectual property of David W. Guth - which means they are copyrighted.  So there!

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Testudo's Tales
Vol. 6 No. 6 -- But Do They Really Mean It?
February 1, 2012


In the wake of the sexual abuse scandal at Penn State University, the late football coach Joe Paterno was fired because he didn't do more than the law and university policy required. Beyond reporting the allegations against former assistant coach Jerry Sandusky to his superiors, the school's governing board decided that Paterno should have done more, jumped the chain of command, and gone directly to law enforcement. Since then, university officials across the country, in a thinly veiled effort to insulate their schools from similar liabilities, have enacted policies requiring employees to immediately report instances of sexual abuse or assault on children
to law enforcement authorities. University of Kansas Chancellor Bernadette Gray-Little articulated such a policy only yesterday.  While I applaud the sentiment behind such declarations, one can't help but wonder if they really mean it? Are we not, as citizens, duty-bound to report any and all crimes we witness to law enforcement? And we are not just talking about child sexual assault. During my two decades at this university, I can cite many situations where KU has chosen to deal with potentially criminal violations internally rather than risk public embarrassment. Whether it be the sleazy athletic director who gets a $2 million buyout to go away or the incompetent dean who suddenly decides he misses the classroom, KU has a long history of being less than candid when it comes to dealing with the questionable legal conduct of some of its employees. The university may not have known it, but its pious statements concerning child sexual abuse have established a legal standard of disclosure by which employees may be judged.  They are now required to to do more than the law says they should.  In fact, the next time I see something in the workplace I consider legally questionable, I am not going to tell my supervisor.  I am going to do exactly what KU infers that I should do: I am going to call the cops.

That's it for now. Fear the Turtle.
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Vol. 6 No. 5 -- The State of the Union 2012
January 24, 2012


For those who drink President Obama's Kool-Aid, tonight's State of the Union Address was masterful and visionary.  For the Obama-bashers, it was a cynically partisan affair. In fact, the only thing those two groups have in common is that they had already made up their minds on whether they loved or hated the speech before they heard it.  For someone like me, who doesn't allow political affiliation to dictate how I vote, I found things I liked in the speech, as well as those I didn't.  Thematically, I liked the President's focus on economic fairness.  However, like most people, tax policy and what a so-called "tax overhaul" will actually mean is not my strong suit.  
I can see merits in both sides of the argument. However, the creation of international trade and financial regulation enforcement units made good sense. At one point, the president joked about "crying over spilled milk," a reference to a recently slashed regulation that treats spilled milk as a hazardous substance. From there, he seamlessly pivoted into a vigorous defense of government regulatory oversight. Rhetorically, I felt it was brilliant, as was his call for unity at the end of the speech. However, much of the speech was more about political positioning than substance.  Did you notice how many times he would mention the name of cities located in key electoral battleground states, such as Cleveland, Pittsburgh and Raleigh? At one point he urged Congress to not slash funding for university-based research - just five minutes after threatening to slash funding to colleges and universities because of their rising tuitions.  He talked about a peace dividend we will supposedly receive with the conclusion of the Iraq and Afghanistan wars.  But it seems shallow to talk about peace dividends when, in the same breathe, the President says "no options are off the table" when it comes to dealing with Iran and we are moving troops to Australia to counter growing Chinese military influence in the Pacific Rim. As for the President's defense of his energy policies, it came across as nothing less than a sea of contradictions. He bragged about opening up 75 percent of the nation's offshore oil and gas reserves just days after denying a permit to build the Keystone XL pipeline that would ship crude oil from Canada to the Gulf Coast. It seems the nearly six years that have passed since the project was first proposed didn't give the government enough time to make a decision. Now those jobs and oil are headed for China. One also can't listen to Obama talk about investing in alternative energy without thinking about his administration's dubious - and possibly criminal - $535 million loan guarantee to the failed alternative energy company Solyndra. Many within his administration thought it was a bad idea, but were overruled by the White House. It was also obvious that the President is math challenged, crowing about the creation of three million jobs in the same sentence he acknowledged that we had lost at least four million jobs on his watch and eight million since the start of the Great Recession.  While tonight's State of the Union Address may have fired up Obama's most fervent supporters as well as his opponents, for the undecided voters like me, we should take it for what it was, politics as usual.

That's it for now. Fear the Turtle.
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Vol. 6 No. 4 -- Letterman's Question
January 10, 2012


David Letterman loves to ask provocative questions. In fact, he is well paid to do so. There are times Dave will ask a guest a question with no expectations that he or she will answer.  Instead, Letterman is more interested in the reaction to his questions.  That happen last week, when he asked NBC News anchor Brian Williams "When did the Republican Party become the party of the emotionally unstable?" Williams, understandably, dodged the question. To take Williams off Letterman's hook, I'd like to answer Dave's question with just two words: "Newt Gingrich."  The former House Speaker and soon-to-be former presidential candidate is one of architects of the poisonous slash-and-burn tactics that have virtually destroyed civility in American politics. Granted, every ying must have its yang and that there are a number of Democrats - James Carville comes to mind - who have the same blood on their hands.  However, Gingrich is the only one of those late-1980s/early-1990s politicos currently running for president. And despite his best intentions, Newt can't miss an opportunity to remind us that beneath his soft, cuddly and intellectual exterior is one callous and mean-spirited son of a bitch.  His behavior during the Iowa caucus and New Hampshire primary campaigns has been nothing short of an embarrassment. Newt wants to portray himself as a latter-day Wizard of Oz - "pay no attention to that man behind the curtain."  His past behaviors - political and personal - are supposed to be off-limits.  We are supposed to focus on the "new Newt" - the seasoned intellectual who has benefited from life's lessons.  However, considering the ferocious attacks he has unleashed at his opponents - especially Mitt Romney - the truth is that the more things change, the more they stay the same. Newt wants to claim the mantle of Republican Saint Ronald Reagan. However, even Democrats will tell you that Reagan was not a nasty, bare-knuckles politician.  Reagan could be tough. And he was a lot smarter than many of his opponents thought. And
with Reagan, it was never personal. I never voted for Reagan - an artifact of his challenge to Gerald Ford in 1976.  But I learned to respect him and his presidency. So, to paraphrase the late Lloyd Bentsen, "Newt. I knew Ronald Reagan. Ronald Reagan was a friend of mine. And you are no Ronald Reagan."

That's it for now. Fear the Turtle.
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Vol. 6 No. 3 -- Gutting the Fifth Amendment
January 6, 2012


Almost everyone knows the Fifth Amendment of the United States Constitution as the one that protects individuals from self-incrimination in a court of law.  However, the beginning clause of the amendment is equally significant: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger." Unfortunately, the Congress and President of the United States have chosen to trash the Fifth Amendment in the recent Defense Authorization Act, which includes a provision (section 1021) which makes it possible for the military to indefinitely detain anyone -- including American citizens -- who may be suspected of terrorism.  It also removes certain individuals from civilian judicial jurisdiction and places them under the control of military justice.  This bill passed both houses of Congress with substantial bipartisan majorities. Rep. Tim Huelskamp was the only member of the Kansas congressional delegation to vote against it. President Obama signed the measure into law New Year's Eve after saying he would veto it if the legislation contained these Fifth Amendment-gutting provisions. Obama signed the bill, along with an 1,800-word signing statement which said his administration would comply "with the Constitution, the laws of war, and all other applicable law."  This was a particularly cynical action on the part of this president, who has been critical of his predecessor for using similar signing statements to dampen or justify his approval of controversial legislation.  I have three major objections to this bill. First, and most obvious, it is unconstitutional.  Not only does it violate the Fifth Amendment, it also violates 14th amendment "due process" guarantees. Second, this questionable provision is - essentially - our government saying that it has no faith in our system of laws, checks and balances. Congress may not trust our courts to do the right thing.  But has it checked its own approval ratings as of late? Finally, this provision puts in place a legal mechanism for a coup d'etat. Frankly, I do not believe that Obama or any of the people currently running for president would do anything that extreme.  But who is to say that isn't a possibility for the future?  We need a strong Constitution to protect our people from rash and convenient quick fixes -- such as arresting anyone who disagrees with us in the name of national security. Could that happen here?  Who is to say it can't? Just ask any Japanese-American alive during the Second World War.  I condemn our elected leaders - especially President Obama - for blithely accepting this heinous assault on American values.  If you can't govern using the framework the founders gave you, step aside in favor of those who will adhere to the values we all hold true and dear as Americans.


That's it for now. Fear the Turtle.
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Vol. 6 No. 2 -- The Iowa Caucuses
January 3, 2012


The first meaningful votes in the 2012 presidential campaign have been cast.  But what do the results of tonight's Iowa caucuses really mean? The flippant answer would be to say "not much."  But that's not true. For Mitt Romney, the convenient conservative, he leaves the Hawkeye state in good shape. He hadn't campaigned in Iowa as much as his rivals. It was only a few weeks ago that polls suggested Romney might crash and burn - meet his Waterloo (Iowa), so to speak. Now he rolls into next week's New Hampshire primary in a position of strength with what is, essentially, a home court advantage. While Rick Santorum and Ron Paul unquestionably had a good night, the euphoria they feel will not last very long. Santorum, a late bloomer in this race who ended in a virtual dead-heat with Romney, has neither the money nor organization to mount a serious challenge. Frankly, he has been a weak debater - a major problem for him now that the spotlight on him will shine brighter. The former Pennsylvania senator may be able translate tonight's showing into much-needed hard cash, but I have my doubts.  As for Ron Paul, the more seriously people take his candidacy, the less they will like what they see and hear. Rick Perry's embarrassing fourth place finish has him headed home to Texas to reassess his campaign - a sign that his candidacy may be short-lived. The angry and baggage-laden Newt Gingrich, who finished fourth in Iowa will hang around until South Carolina, hoping he can marshal the Bob Jones University crowd behind him. Michele Bachmann has suffered a crushing defeat and should be hard pressed to continue her campaign. However, she is just as stubborn as Gingrich and may fight on through South Carolina.  Even Jon Huntsman - viewed by Iowans as a RINO (republican in name only) - will hang on for at least another week. He's been staking his hopes on a decent showing next Tuesday in more moderate New Hampshire.  Unfortunately for his handful of followers, polls suggest Huntsman is running a distant third in the Granite State. Perhaps the most interesting aspect of the Iowa caucuses is exit polling suggesting that republicans are more interested in the electability of their nominee than in his or her ideology - something that bodes well for Romney.  Another interesting aspect is the relatively low turnout - a sign of republican voter apathy and potentially good news for President Obama. EDITOR'S NOTE: Michele Bachmann suspended her presidential campaign on the morning after the caucuses. Perry announced on the morning after that he would skip New Hampshire and focus his efforts on South Carolina.


That's it for now. Fear the Turtle.
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Vol. 6 No. 1 -- Leap into 2012
January 1, 2012


The start of a new year is always a time of reflection and prediction.  This year is no different.  However, 2012 promises to be anything but ordinary.  It is a leap year, a presidential election year, an Olympic year and, according to Mayan prophecy, the year in which the world ends.  In just a matter of hours, the first meaningful event of the presidential campaign, the Iowa caucuses, will occur. After a series of roller-coaster polls, it appears as if former Massachusetts Governor Mitt Romney may finally get some love from his fellow republicans. Despite scatter-brained and radical ideas, Representative Ron Paul (R-Tex) has a superior organization in Iowa and could upset the Romney bandwagon. As for Newt Gingrich, his latest 15-minutes are up. For the record, I will not endorse a candidate for president -- if at all -- until after the last fall presidential debate.  But my guess is that it won't matter who the Republicans choose as their nominee.  I believe President Obama will be reelected. His amazing fund-raising ability, combined with the advantages of incumbency and the Republicans' penchant toward self-destruction, gives him the edge.  A wild card is the European economy. It could drag us into a double-dip recession and hurt Obama's chances. A second wild card is Iran, which has been doing a lot of saber rattling as of late. Any military confrontation with Iran would (a) end badly for the Iranians and (b) would ensure Obama's reelection. Unfortunately for the Iranian leadership, hatred cuts both ways. Iran is the country that the American people hate more than any other. Give us the slightest excuse, and we will level Tehran before lunch without an ounce of guilt.  A third wild card: This will be a year when we may see a third-party candidate - probably Ron Paul.  It won't be Donald Trump, although he will threaten to do so in an effort to generate more of the mindless publicity that he seeks. In any event, a third-party challenger will probably come from the right, which can only hurt the GOP's chances.  If Nancy Pelosi finally retires - and there are hints that she is considering it - the Democrats will have a chance to win the House.  But if she remains in the picture, her continued presence will invigorate Republicans, ensure that they keep their hold on the House, and could endanger Obama's chances. There's one other fact to consider: The 2010 Census resulted in a redistribution of votes in the Electoral College, one that favors Republicans. There's a lot to consider in 2012 - and we even get an extra day to do it! One final prediction for 2012: The Mayans were wrong and I will be explaining how I screwed up my predictions one year from today.  


That's it for now. Happy New Year! And Fear the Turtle.
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