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Do the larger religious (or anti-religious) implications of a scientific theory make it inadmissible for instruction in public schools? They shouldn't.

just because we're declaring the teaching of evolution to be constitutional doesn't mean we that it has no connections to religion

while it may sound odd to hear that we can (sometimes) declare something constitutional to teach in public schools even though it touches upon religion, there's good legal precedent for such a finding.

a government policy establishes religion if its "principal or primary effect" is one that "advances or inhibits" religion.

the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion

a government policy is unconstitutional if it has a "primary" or "principal" effect that advances (or inhibits) religion. However, in light of this second part, the Supreme Court has also developed a legal doctrine called the "incidental effects" or "secondary effects" doctrine which says that government law or policy may have "secondary" or "incidental" effects that touch upon religion and not violate the Establishment Clause.

Secondary effects that touch upon religion are not constitutionally fatal.

the conversation focuses strictly on the science, the implications are still there.

one can legally justify teaching evolution while being sensitive to the fact that it has larger implications that touch upon the religious beliefs of many Americans.

evolutionary biology is based upon science, when we teach it as a science, the primary effect is to advance scientific knowledge.

a scientific theory like evolution does speak to ultimate questions about origins, which are also addressed by religion

it certainly touches upon religious questions. But when we discuss Darwinian evolution strictly on a scientific level, any effects upon religion are "secondary" or "incidental" compared to their primary effect of advancing scientific knowledge.

if creation science were a scientific theory, it could have been taught because any its touching upon religion would have been a secondary effect

approach was also followed in Crowley v. Smithsonian Institution, where a federal judge rejected arguments that Smithsonian exhibits on evolution established "secular humanism" because the "impact [on religion] is at most incidental to the primary effect of presenting a body of scientific knowledge"

Because evolution is based upon science, any effects upon religion would not bar its teaching.

[I]f a theory has scientific value and evidence to support it, its primary effect would be to advance knowledge of the natural world, not to advance religion

ultimate goal of schools is to educate students. Where a theory has scientific value and supporting evidence, it provides a basis for knowledge. Whether it coincidentally advances religion should not matter.

if government aid "is allocated on the basis of neutral, secular criteria that neither favor nor disfavor religion, and is made available to both religious and secular beneficiaries on a nondiscriminatory basis," then any effects upon religion are merely incidental.

best of both worlds. It allows science to be taught in the science classroom while respecting the beliefs of people who have religious objections to evolution.

But Verrilli countered that the federal government retains authority to review on a "case-by-case basis" significant drug trafficking crimes.

The Times’s reporters spoke with residents who supported the Tea Party and its proposed cuts to federal spending, even while they admitted they could not get by without government support.

the fate of the middle class counties and urban ghettos is entwined. When the poor are left to rot in their misery, the misery does not stay contained. It harms us all. The crime radiates, the misery offends, it debases the whole. Individuals, much less communities, cannot be insulated from it.

Thanks to a decades-long safety net, we have forgotten the trials of living without it. This is why, the historian Tony Judt argued, it’s easy for some to speak fondly of a world without government: we can’t fully imagine or recall what it’s like. We can’t really appreciate the horrors Upton Sinclair witnessed in the Chicago slaughterhouses before regulation, or the burden of living without Social Security and Medicare to look forward to. Thus, we can entertain nostalgia for a time when everyone pulled his own weight, bore his own risk, and was the master of his destiny. That time was a myth

To be human, according to Spinoza, is to be party to a confounding existential illusion — that human individuals are independent agents — which exacts a heavy emotional and political toll on us. It is the source of anxiety, envy, anger — all the passions that torment our psyche — and the violence that ensues.

There is no such thing as a discrete individual, Spinoza points out. This is a fiction. The boundaries of ‘me’ are fluid and blurred. We are all profoundly linked in countless ways we can hardly perceive. My decisions, choices, actions are inspired and motivated by others to no small extent.

we’re all in this together. We are not the sole authors of our destiny, each of us; our destinies are entangled — messily, unpredictably. Our cultural demands of individualism are too extreme. They are constitutionally irrational, Spinoza and Freud tell us, and their potential consequences are disastrous. Thanks to our safety net, we live in a society that affirms the dependence and interdependence of all. To that extent, it affirms a basic truth of our nature. We forsake it at our own peril.

In the 1980s, when he was a lower court judge, Justice Scalia began to champion a competing view of statutory interpretation, textualism, which holds that judges should confine themselves to interpreting the words that Congress chose without trying to discern Congress’s broader purposes.

Textualism, in this view, promises to constrain judicial activism by preventing judges from roving through legislative history in search of evidence that supports their own policy preferences. But in the view of its critics, like Chief Judge Katzmann, textualism “increases the probability that a judge will construe a law in a manner that the legislators did not intend.”

Judge Katzmann, who was appointed by President Bill Clinton, also accuses Justice Scalia of inconsistency for consulting the intent of the framers in the case of constitutional interpretation but not statutory interpretation.

The chief justice’s embrace of bipartisan judicial restraint in the second Affordable Care Act case was consistent with his embrace of the same philosophy in the first Affordable Care Act case in 2012, where he quoted one of his heroes, Justice Oliver Wendell Holmes Jr: “The rule is settled that as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the Act.”

Chief Justice Roberts was not, as Justice Scalia charged, rewriting the law. Instead he was advancing the view that he championed soon after his confirmation: In a polarized age, it is important for the Supreme Court to maintain its institutional legitimacy by deferring to the political branches.

Chief Justice Roberts’s relatively consistent embrace of judicial deference to democratic decisions supports his statement during his confirmation hearings that judges should be like umpires calling “balls and strikes.” As he put it then: “Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.”

It’s because he’s a reactionary fantasist, whose policies stir the emotions but are stalled in the headwinds of reality

These are not conservative reforms, thought-through, possible to implement, strategically planned. They are the unhinged fantasies of a 71-year-old Fox News viewer imagining he can reconstruct the late 1950s. They cannot actually be implemented, without huge damage.

In Britain, meanwhile, Brexit is in exactly the same place — a reactionary policy that is close to impossible to implement without economic and diplomatic catastrophe

Brexit too was built on Trump-like lies, and a Trump-like fantasy that 50 years of integration with the E.U. could be magically abolished overnight, and that the Britain of the early 1970s could be instantly re-conjured. No actual conservative can possibly believe that such radical, sudden change won’t end in tears.

“The researchers start by simulating what happens when extra links are introduced into a social network. Their network consists of men and women from different races who are randomly distributed. In this model, everyone wants to marry a person of the opposite sex but can only marry someone with whom a connection exists. This leads to a society with a relatively low level of interracial marriage. But if the researchers add random links between people from different ethnic groups, the level of interracial marriage changes dramatically.”

the line to draw, it seems to me, is when a speech is actually shut down or rendered impossible by disruption. A fiery protest that initially prevents an event from starting is one thing; a disruption that prevents the speech taking place at all is another.

Maybe a college could set a time limit for protest — say, ten or fifteen minutes — after which the speaker must be heard, or penalties will be imposed. Heckling — that doesn’t prevent a speech — should also be tolerated to a reasonable extent. There’s a balance here that protects everyone’s free speech

dating apps are changing our society, by becoming the second-most common way straights meet partners, and by expanding the range of people we can meet.

here’s what’s intriguing: Correlated with that is a sustained, and hard-to-explain, rise in interracial marriage.

“It is intriguing that shortly after the introduction of the first dating websites in 1995, like Match.com, the percentage of new marriages created by interracial couples increased rapidly,” say the researchers. “The increase became steeper in the 2000s, when online dating became even more popular. Then, in 2014, the proportion of interracial marriages jumped again.” That was when Tinder took off.

Disruptions of events are, to my mind, integral to the exercise of free speech. Hecklers are part of the contentious and messy world of open debate. To suspend or, after three offenses, expel students for merely disrupting events is not so much to chill the possibility of dissent, but to freeze it altogether.

Even more encouraging, the marriages begun online seem to last longer than others.

I wonder if online dating doesn’t just expand your ability to meet more people of another race, by eliminating geography and the subtle grouping effect of race and class and education. Maybe it lowers some of the social inhibitions against interracial dating.

It’s always seemed to me that racism is deeply ingrained in human nature, and always will be, simply because our primate in-group aversion to members of an out-group expresses itself in racism, unless you actively fight it. You can try every law or custom to mitigate this, but it will only go so far.

tools that lie before Congress, it is clear that pursuing impeachment only days before President-elect Joe Biden is inaugurated is not the answer.

inadequate time to reasonably investigate, present and debate articles of impeachment.

new administration

These aren’t minor concerns. A hasty impeachment could raise a host of consequences that could have a striking impact on the long-term stability of our country.

an impeachment on the grounds that they do will inevitably erode the norms around what may be considered constitutionally protected speech.

a snap impeachment will undoubtedly fuel the divisions between our citizens at a time when the wounds of Jan. 6 are still raw.

We cannot rush to judgment simply because we want retribution or, worse, because we want to achieve a particular political outcome.

opportunity to build bridges and unite the American people around our shared values.

new Congress

Failing to do so will undermine our efforts to bring people together.

Congress long after Mr. Trump has left office, inhibiting Congress’s ability to tackle the Covid-19 crisis, reignite our economy and other pressing issues.

a too-quick impeachment will not suddenly change the minds of millions of Americans who still do not recognize the election of President-elect Biden as legitimate.

rushed proceedings will be seen as validating the view that impeachment is part of a multiyear campaign to delegitimize Mr. Trump’s 2016 election.

detriment of the Constitution.

I implore our congressional leaders and Mr. Biden to take a moment to consider what is at stake.

options include censure, criminal proceedings and actions under the 14th Amendment, after a complete and thorough investigation into the events leading up to the assault on the Capitol.

I acknowledged Joe Biden as president-elect on Nov. 7.

But make no mistake, our Constitution is the bedrock of our great nation.

We cannot and should not support a rushed, divisive action simply because the emotions of the moment demand it. That is not the American way.

, we know from the science of linguistics and the philosophy of knowledge that they differ profoundly from how humans reason and use language. These differences place significant limitations on what these programs can do, encoding them with ineradicable defects.

It is at once comic and tragic, as Borges might have noted, that so much money and attention should be concentrated on so little a thing — something so trivial when contrasted with the human mind, which by dint of language, in the words of Wilhelm von Humboldt, can make “infinite use of finite means,” creating ideas and theories with universal reach.

The human mind is not, like ChatGPT and its ilk, a lumbering statistical engine for pattern matching, gorging on hundreds of terabytes of data and extrapolating the most likely conversational response or most probable answer to a scientific question

the human mind is a surprisingly efficient and even elegant system that operates with small amounts of information; it seeks not to infer brute correlations among data points but to create explanations

such programs are stuck in a prehuman or nonhuman phase of cognitive evolution. Their deepest flaw is the absence of the most critical capacity of any intelligence: to say not only what is the case, what was the case and what will be the case — that’s description and prediction — but also what is not the case and what could and could not be the case

Those are the ingredients of explanation, the mark of true intelligence.

Here’s an example. Suppose you are holding an apple in your hand. Now you let the apple go. You observe the result and say, “The apple falls.” That is a description. A prediction might have been the statement “The apple will fall if I open my hand.”

an explanation is something more: It includes not only descriptions and predictions but also counterfactual conjectures like “Any such object would fall,” plus the additional clause “because of the force of gravity” or “because of the curvature of space-time” or whatever. That is a causal explanation: “The apple would not have fallen but for the force of gravity.” That is thinking.

The crux of machine learning is description and prediction; it does not posit any causal mechanisms or physical laws

any human-style explanation is not necessarily correct; we are fallible. But this is part of what it means to think: To be right, it must be possible to be wrong. Intelligence consists not only of creative conjectures but also of creative criticism. Human-style thought is based on possible explanations and error correction, a process that gradually limits what possibilities can be rationally considered.

ChatGPT and similar programs are, by design, unlimited in what they can “learn” (which is to say, memorize); they are incapable of distinguishing the possible from the impossible.

Whereas humans are limited in the kinds of explanations we can rationally conjecture, machine learning systems can learn both that the earth is flat and that the earth is round. They trade merely in probabilities that change over time.

For this reason, the predictions of machine learning systems will always be superficial and dubious.

some machine learning enthusiasts seem to be proud that their creations can generate correct “scientific” predictions (say, about the motion of physical bodies) without making use of explanations (involving, say, Newton’s laws of motion and universal gravitation). But this kind of prediction, even when successful, is pseudoscienc

While scientists certainly seek theories that have a high degree of empirical corroboration, as the philosopher Karl Popper noted, “we do not seek highly probable theories but explanations; that is to say, powerful and highly improbable theories.”

The theory that apples fall to earth because mass bends space-time (Einstein’s view) is highly improbable, but it actually tells you why they fall. True intelligence is demonstrated in the ability to think and express improbable but insightful things.

This means constraining the otherwise limitless creativity of our minds with a set of ethical principles that determines what ought and ought not to be (and of course subjecting those principles themselves to creative criticism)

True intelligence is also capable of moral thinking

To be useful, ChatGPT must be empowered to generate novel-looking output; to be acceptable to most of its users, it must steer clear of morally objectionable content

In 2016, for example, Microsoft’s Tay chatbot (a precursor to ChatGPT) flooded the internet with misogynistic and racist content, having been polluted by online trolls who filled it with offensive training data. How to solve the problem in the future? In the absence of a capacity to reason from moral principles, ChatGPT was crudely restricted by its programmers from contributing anything novel to controversial — that is, important — discussions. It sacrificed creativity for a kind of amorality.

Here, ChatGPT exhibits something like the banality of evil: plagiarism and apathy and obviation. It summarizes the standard arguments in the literature by a kind of super-autocomplete, refuses to take a stand on anything, pleads not merely ignorance but lack of intelligence and ultimately offers a “just following orders” defense, shifting responsibility to its creators.

In short, ChatGPT and its brethren are constitutionally unable to balance creativity with constraint. They either overgenerate (producing both truths and falsehoods, endorsing ethical and unethical decisions alike) or undergenerate (exhibiting noncommitment to any decisions and indifference to consequences). Given the amorality, faux science and linguistic incompetence of these systems, we can only laugh or cry at their popularity.