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    Seth Barrett Tillman: Tillman Responds to the Legal Historians Amicus Brief in CREW v. Trump Emoluments Case

    Posted by Jonathan on 20th September 2017 (All posts by )

    From the post:

    I stand entirely behind the above footnote: behind every sentence, every phrase, every word, and every syllable. I have made no mistake, intentional or inadvertent. I retract nothing, and I do not intend to retract anything.
     
    Recently, my amicus brief and scholarship has been criticized by the Legal Historians Brief, other academics, some litigators, and by the press. Here I respond. This document is my declaration submitted as an exhibit to a motion responding to the Legal Historians Brief.

    See also the comment by Glenn Reynolds here.

    My money’s on Seth.

    Posted in History, Law, Politics, Trump | 1 Comment »

    Seth Barrett Tillman: Karl Popper’s Falsifiability: The Foreign Emoluments Clause—A Debate Between Constitutional Eloi and Constitutional Morlocks

    Posted by Jonathan on 21st August 2017 (All posts by )

    https://ssrn.com/abstract=2996412

    Abstract
    How should we understand the Foreign Emoluments Clause? The debate has been presented to the public as a choice between idiosyncratic conservatives embracing early practice and liberals embracing intellectual reconstructions of constitutional purpose. That distinction is only the surface. The reality is that this debate is a conflict between constitutional Eloi and constitutional Morlocks.
     
    The ninety-nine percenters are our constitutional Eloi, our beautiful people, our self assured true believers who regularly assume they understand 99% of the Constitution’s original public meaning. For them, figuring out what a yet-to-be adjudicated clause means is easy: it only requires their selecting the most eligible meaning which already fits in with what they already know. And what’s the danger of that strategy—when you already know (or believe you know) 99% of what there is to know?
     
    On the other side, we have constitutional Morlocks. Morlocks are ugly, or, at least, their theories are ugly. Ugly and dangerous. Morlocks don’t believe they know 99% of what there is to know, and, not surprisingly, they don’t believe the Eloi or anyone else knows 99% either. Moreover, Morlocks believe that fitting what you don’t know into what you (think you) know permanently freezes our constitutional theories even when those theories are entirely wrong.

    (Seth adds: The PDF posted on SSRN is my amicus brief in CREW v. Trump.)

    Posted in Law, Trump | Comments Off on Seth Barrett Tillman: Karl Popper’s Falsifiability: The Foreign Emoluments Clause—A Debate Between Constitutional Eloi and Constitutional Morlocks

    Posted by Jonathan on 21st August 2017 (All posts by )

    solar eclipse

    Posted in Photos | 2 Comments »

    She’s Gotta Have It

    Posted by Jonathan on 11th August 2017 (All posts by )

    Posted in Video | 2 Comments »

    “ObamaCare Fines Nailed The Working Class In 2017 And Other Unpopular Truths”

    Posted by Jonathan on 29th July 2017 (All posts by )

    Investor’s Business Daily:

    Preliminary data from the 2017 tax season are in, and they’re shocking. Not only does it look like the working class bore the brunt of ObamaCare individual mandate penalties this year, but people with relatively modest incomes apparently paid a lot more than the Congressional Budget Office anticipated.
     
    [. . .]
     
    The 2017 tax data offer new evidence that there’s much to be gained by moving away from the individual mandate and much to lose by sticking with it. Tax returns that had been processed as of April 27 included 4 million that paid ObamaCare fines (officially known as individual shared responsibility payments), with an average payment of $708.
     
    What is striking about the data is that the average payment is barely higher than the minimum payment of $695. Since people were required to pay the greater of $695 or 2.5% of taxable income above the filing threshold ($10,350 in 2017), one takeaway is that most of the $2.8 billion in fines paid through April appear to have come from people with modest to moderate incomes. As a frame of reference, CBO’s 2014 analysis implied that the average mandate payment for this tax season would be roughly $1,075 and that the total amount paid by people earning up to three times the poverty level would barely exceed $1 billion.

    There is much more interesting information in the article. Worth reading in full.

    Posted in Big Government, Economics & Finance, Health Care, Obama, Politics | 19 Comments »

    Posted by Jonathan on 28th July 2017 (All posts by )

    big

    Chicagoboyz think big.

    Posted in Photos | 10 Comments »

    The Pause

    Posted by Jonathan on 26th July 2017 (All posts by )

    Since Trump was elected it seems that anyone I’m speaking with who wants to bring politics into a conversation, and who doesn’t know me well, and who (I’m guessing) doesn’t like Trump, will make a remark about “these days” or “the situation” or something along those lines, and expect to continue (or not) the conversation in a political direction based on my response. At least that’s how it seems to me in my purplish part of the country. I don’t react when this happens. There may be a brief pause in the conversation. We continue with our nonpolitical topic or move on to another one.

    I’d bet that many of the readers of this blog have had similar experiences. My question is whether this type of experience is the inverse of what politically left-of-center people experienced when Obama was president. Is it?

    Discuss.

    Posted in Current Events, Deep Thoughts, Leftism, Obama, Politics, Society, Trump | 11 Comments »

    Manfrotto MTPIXI-B PIXI Mini Tripod

    Posted by Jonathan on 24th July 2017 (All posts by )


    The Manfrotto MTPIXI-B PIXI Mini Tripod is the official mini tripod of the Chicago Boyz blog.
     
    These things are great: bigger than those cheesy little mini tripods with bendable arms, yet still easily portable, faster to use and stable with even DSLR-sized cameras. I keep one in my briefcase with a compact mirrorless camera. You can easily carry one in a jeans pocket if you’re going out with photography in mind.
     

     
    UPDATE: Add a cellphone mount and you have an excellent setup for video calls.
     

    Posted in Photos, Product Reviews/Endorsements | 6 Comments »

    Seth Barrett Tillman: Bob Bauer’s Free Speech Problem and Ours

    Posted by Jonathan on 24th July 2017 (All posts by )

    We have a free speech problem in America. I have talked about it before. It starts with the judiciary. See Seth Barrett Tillman, This Is What Is Wrong with the American Judiciary, The New Reform Club (Mar. 16, 2017, 4:23 AM), http://tinyurl.com/z4q9f8v. But the wider legal community has embraced the same legal philosophy. They want you to shut up, and if you don’t shut up, there is always punishment. Here is an example…

    An excellent post.

    Posted in Civil Liberties, Media, Rhetoric, Trump | 5 Comments »

    “Eagle deaths: an interesting contrast”

    Posted by Jonathan on 19th July 2017 (All posts by )

    Via David Hardy:

    Synopsis: The use of lead hunting ammunition apparently kills a small number of eagles annually while wind turbines kill large numbers of birds of many types. Public officials who are concerned about bird deaths by lead poisoning tend not to be concerned about bird deaths by wind turbine.

    Much as Islam trumps sexual orientation in identity politics, so crony-capitalist green energy schemes trump the welfare of wild animal populations in eco politics.

    Posted in Crony Capitalism, Environment, Leftism | 30 Comments »

    “Full transcript: Defense Secretary James Mattis’ interview with The Islander”

    Posted by Jonathan on 19th July 2017 (All posts by )

    Secretary Mattis responds to an interview request from a high-school student. The interview is worth reading and more informative than much of what appears in the adult press.

    (via Lex)

    Posted in Education, Europe, International Affairs, Media, Middle East, Military Affairs, National Security, Terrorism, Trump, War and Peace | 5 Comments »

    Seth Barrett Tillman and Josh Blackman: Yes, Trump Can Accept Gifts

    Posted by Jonathan on 13th July 2017 (All posts by )

    The NYT elevates itself by printing an op-ed by Professors Blackman and Tillman:

    The Constitution offers several remedies for a president’s improper foreign entanglements. Congress can regulate, by statute, the receipt of presents from other nations or require the president to make disclosures about his foreign commercial arrangements. Of course, as a last resort, the president can be impeached and removed from office for bribery. However, the Foreign Emoluments Clause can provide no redress in relation to a president’s foreign entanglements either in the courts or through the impeachment process, for the simple reason that the clause does not cover the president or any other elected officials.

    The piece is a concise presentation of Seth’s argument about the Emoluments clause. Worth reading in full.

    Posted in History, Law, Trump | Comments Off on Seth Barrett Tillman and Josh Blackman: Yes, Trump Can Accept Gifts

    Seth Barrett Tillman: A Response To Jane Chong’s Reading the Office of Legal Counsel on Emoluments: Do Super-Rich Presidents Get a Pass?

    Posted by Jonathan on 11th July 2017 (All posts by )

    Once this error is noticed, the rest of Chong’s analysis falls apart. Chong can point to other language in Hoyt using “emolument of office.” It is there, and she takes it to mean that “emolument” can be used in a context unrelated to “office” and other employment-like relationships. But she offers nothing akin to proof for that bold claim. It is conceivable that the Hoyt Court added “of office” language to “emolument” because it believed that there were “emoluments” which were unrelated to office, but it is also possible that the Hoyt Court thought all “emoluments” were tied to office-and-employment-type relationships. Without her initial misreading of Hoyt or any other substantial reason to believe the former, the rest of her analysis makes no sense.

    Read the full text of Seth’s post.

    Posted in Law, Politics, Trump | 5 Comments »

    Seth Barrett Tillman: A Response to Fonzone & Geltzer’s Can President Trump Just Leave Key Executive Branch Offices Unfilled?

    Posted by Jonathan on 7th July 2017 (All posts by )

    In a recent post on Lawfare, Christopher Fonzone and Joshua A. Geltzer ask the question: “Is the persistent and deliberate failure to identify candidates [for appointed federal positions] not merely a sign of inept governance and deadlocked politics but also, at least in certain cases, a legal failing as well?” Their answer is basically: yes. Their position is worth pondering. I do think several of their arguments do not work, and several others are not well supported.

    Read Seth’s entire post.

    Posted in Law, Politics, Trump | 1 Comment »

    Why Does This Happen?

    Posted by Jonathan on 6th July 2017 (All posts by )

    Skype used to be the premier VOIP app (long before we called such things apps). It always had a crummy user interface but call quality was excellent and users put up with the rough edges. However, since Microsoft bought Skype call quality has declined, seemingly steadily. There are frequent software updates that don’t improve the user experience and sometimes introduce new problems. With its Skype updates on Windows MSFT forces you to opt out a la Java from having your browser configuration hijacked. Calls get dropped more than they used to. Calls that don’t go through are much more frequent. Bandwidth now seems to affect call quality even though it was once possible to use Skype easily over dialup Internet connections.

    This morning I tried to make a Skype call on my mobile and found there had been another upgrade, forcing me to waste minutes selecting a new background color and dismissing what’s-new pages and trying to find my contacts list, which is all I ever want to do. I don’t want to invite my contacts to use Skype, I don’t care about inserting GIFs into chats, I don’t care about the Skype community. I care about good, consistent call quality, about having my list of phone numbers propagate automatically to laptop or phone when I update the list, about having a Skype number for incoming calls, and about easy management of occasional conferences and international calls. I used to care about video calling but I gave up since good alternatives appeared. If Skype could restore its past high call quality I could happily put up with the other hassles. If Skype could also improve its UI in a few obvious ways I would be thrilled. It never happens. Why not?

    A company with a great product conspicuously fails to improve that product and it starts to lag competing products. Or a big company buys a small company and ruins its main product. MSFT’s management is no doubt part of the problem here but the pattern is familiar. Why is it familiar? You might think the smart people running MSFT would know better. Perhaps they don’t, perhaps this is a more difficult problem than it appears to be. Or perhaps something else is going on.

    Discuss.

    Posted in Business, Management, Organizational Analysis, Tech | 20 Comments »

    Helen Szamuely

    Posted by Jonathan on 9th June 2017 (All posts by )

    Helen Szamuely

    Helen Szamuely (Image taken from Pete North’s blog.)

     

    We learned belatedly of Helen Szamuely’s passing.

    Helen was a historian, an English patriot — a founder of what was to become the Brexit movement, a researcher, literary critic, public intellectual and political commentator and prolific writer.

    The Telegraph‘s obituary is a bit harsh (perhaps payback for deserved slights) but gives some background. Richard North, Helen’s long-term collaborator on the great EUReferendum blog, has kind and interesting remarks about Helen, and a video of Helen speaking, here. Richard’s son Pete shares thoughtful reminiscences about Helen here. She was prominent in London conservative political and intellectual circles but those of us “across the pond” had to make do with her online presence. I wish I had met her in person.

    Helen wrote or contributed to numerous blogs. Besides EUReferendum the Chicago Boyz blogroll includes Conservative History Journal and Your Freedom and Ours and perhaps one or two others I’ve overlooked. She was also active on Facebook, Twitter and who knows where else on social media. Lex and I invited her to contribute to this blog and she very generously and cheerfully did so over the years. She was brilliant and erudite with a wide range of interests which she was always ready to discuss. I will miss her.

    RIP, Aleha HaShalom. Our condolences to Helen’s daughter, Katharine.

    —-

    Lex adds:

    Very sad. There was a period of many years, until recently, where I was in almost daily communication with Helen, as part of a group that included James C. Bennett. Helen was a brilliant, opinionated, sometimes prickly, deeply-learned, patriotic, liberty-loving woman. She was a strong and early proponent of Britain leaving the EU. She was right, she was way ahead of her time, and I am glad she lived to see PM May sign the notice of withdrawal. I considered Helen a real friend, despite never meeting in person, and it is sad that I never will now. Just on my current Gmail account, I have 1,879 email threads including Helen going back to 2005. She was a big presence, for me and for many others. Rest in peace, Helen. We are still here, pushing for all the things you believed in and fought for.

    [. . .]

    Once, early in my correspondence with Helen I asked “By the way, is your name pronounced SHAMwelly?” She responded: “No, it’s a Hungarian name, so the sz is pronounced s. The Poles pronounce things the wrong way round.”

    Posted in Britain, Europe, Obits | 3 Comments »

    Seth Barrett Tillman: This Is Not A Hung Parliament (with addendum)

    Posted by Jonathan on 9th June 2017 (All posts by )

    This is not a hung (UK) Parliament. When Parliament meets a majority of those voting will vote for the Tory leader (although by that time PM May have stepped down).
     
    With 649 of 650 seats declared at this juncture (10 AM BST, June 9, 2017), the Tories have 318 seats.

    [. . .]

    That leaves the Tory leader (Prime Minister May or her successor) with a 318 to 314 vote on a no confidence motion and a majority of 4.
     
    QED: No hung parliament. And did I mention that DUP, on which the Tory Government is likely to depend, as a practical matter, is proBrexit. What a time to be alive!

    Read the whole thing.

    Posted in Britain, Elections, Europe, Politics | 13 Comments »

    Seth Barrett Tillman: President Trump’s Reverse Merryman

    Posted by Jonathan on 7th June 2017 (All posts by )

    Interesting thoughts from Seth:

    Trump is doing what Taney did, but he is doing it to the courts. Absent his recent tweets, Trump might very well have won*** the travel ban case: an appeal from the Fourth Circuit’s decision to uphold the trial court’s grant of a preliminary injunction against the (modified) Executive Order. But Trump does not want to merely win. He wants to win Yuuge! He does not want to squeak out a narrow win by a divided court promising more time-consuming, after-the-fact, and morale-draining oversight in the future (e.g., where such future oversight might threaten lower level Executive Branch officers with individual liability).

    Read the entire post.

    Posted in History, Law, Politics, Trump | 5 Comments »

    What Chicago Boyz Readers Are Reading (March-May 2017)

    Posted by Jonathan on 6th June 2017 (All posts by )

    Below is a list of the books, ebooks, music and videos that Chicago Boyz readers ordered in March, April and May 2017 via Amazon links on this blog. (A cumulative list of Chicago Boyz readers’ Amazon purchases is here.)

    Your book and non-book Amazon purchases help to support this blog via the Amazon Associates program. Chicago Boyz earns a percentage on all of your Amazon purchases as long as you get to the Amazon site by clicking on Amazon links on this blog (including the Amazon banner in the blog header, the link above the Amazon banner, and even Amazon links on Chicago Boyz for products other than the ones that you want to buy).

    Read the rest of this entry »

    Posted in Book Notes | Comments Off on What Chicago Boyz Readers Are Reading (March-May 2017)

    Seth Barrett Tillman: Two Election Stories: New Jersey, November 7, 2016 & Belfast, Northern Ireland, United Kingdom, 2013

    Posted by Jonathan on 5th June 2017 (All posts by )

    Please forward [this] to people in Lakewood [New Jersey]. I gave [Rabbi] Yeruchum Olshin [May he live for many good days, Amen], [a] ride this morning and [he] said [that] I [may quote him – that is, Rabbi Olshin] in his name to vote for [candidate] Trump because [the authoritative commentary on Jewish law and practice explains] [King] David [had] 2 [failings] and [David] didn’t lose [his] kingdom, but [King] Saul [had] only one [failing] and lost [his] kingdom. Why? [The] answer is [because] David’s [failures] were in his private life but Saul[’s] [failure] was in [relation to] the [kingship] … [albeit it is all distinguishable] [Rabbi Olshin] said Trump is [low] … in his private life but Hillary [is] corrupt in public office. [quoting Rabbi Aaron of blessed memory]… Forward to everybody!!

    Read the whole thing.

    Posted in Anglosphere, Britain, Deep Thoughts, Elections, Trump | Comments Off on Seth Barrett Tillman: Two Election Stories: New Jersey, November 7, 2016 & Belfast, Northern Ireland, United Kingdom, 2013

    We Deliver(y)

    Posted by Jonathan on 1st June 2017 (All posts by )

    we delivery

    Chicagoboyz have not eaten at Las Costillitas de Okeechobee on scenic Okeechobee Road in Hialeah, FL.

    Posted in Photos | 2 Comments »

    Seth Barrett Tillman: Responding to Rabbi Dr Jonathan Romain in The Guardian…

    Posted by Jonathan on 24th May 2017 (All posts by )

    (Read the entire exchange here.)

    Posted in Britain, Civil Society, Current Events, Deep Thoughts, Human Behavior, Leftism, Rhetoric, Terrorism | 21 Comments »

    New! – Your Chicagoboyz Bicycle Safety Product Endorsements

    Posted by Jonathan on 22nd May 2017 (All posts by )

    As the season turns to Spring, Chicagoboyz turn to wholesome fresh-air pursuits such as bicycle riding. Unhappily we must share the road with motorists including various drunks, hotheads, incompetents, text messaging fiends and other menaces. A friend of ours who is a lawyer has taken to yelling at drivers who buzz him, advising them of the law requiring them to give cyclists at least three feet of space when passing. We have great respect for the law but prefer more active measures. To somewhat improve our survival odds we now limit our hours of operation, have increased the proportion of our riding done on off-road trails and, when we do go on the road, light ourselves up like a Christmas tree. (To those who are troubled by bright flashing lights in traffic I can only say: Yes, such lights are troubling, that is why they are used on police and other emergency vehicles that are at high risk of collision.)

    In this regard the following products are ones that I have used extensively and recommend:

    Read the rest of this entry »

    Posted in Diversions, Product Reviews/Endorsements | 10 Comments »

    The Internet Rewards Crazy (Rerun)

    Posted by Jonathan on 20th May 2017 (All posts by )

    (This is a reposting of a post from five years ago. I think it holds up pretty well. The Internet seems to be changing human society in significant ways which are not yet entirely clear. Perhaps the nature of what is happening will become a topic of systematic research.)

    —-

    Crazy, overconfident; the opposite of the judicious, scientific, skeptical temperament.

    Extreme opinions.

    Stubborn.

    Bombastic.

    The opposite of thoughtful.

    Read the rest of this entry »

    Posted in Business, Human Behavior, Internet, Society, Systems Analysis | 13 Comments »

    Seth Barrett Tillman: Fanning’s Fatal Path…

    Posted by Jonathan on 14th May 2017 (All posts by )

    (Source)

    Fanning's Fatal Path...

    Fanning’s Fatal Path…

    Posted in Britain, Diversions, History, Ireland, Judaism | 1 Comment »