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    Seth Barrett Tillman: NPR’s Planet Money, President Trump, and the Foreign Emoluments Clause

    Posted by Jonathan on 12th March 2017 (All posts by )

    Noel King & Robert Smith, NPR Podcast #758, Can Trump Take the Money, NPR: Planet Money (Mar. 10, 2017), http://tinyurl.com/zg6cgte.
     

    Noel King: Presidents and other elected officials have been so paranoid that they might seem to be in violation of [the Foreign Emoluments Clause] that they do everything they can to avoid it. In fact, in the handful of times it does come up it sounds ridiculous.

    Noel King: Or if Presidents or other U.S. officials do accept gifts, they do what the [Foreign Emoluments] [C]lause says they got to do, they ask Congress for permission.

     
    Dear Noel,
     
    I listened to your full podcast. In fact, I listened to it twice. And then I delayed two days before writing you.
     
    In your podcast (at 10:20ff), you state that Presidents have done “everything they can to avoid” application of the Foreign Emoluments Clause “or … they ask Congress for permission [to keep the gift].”
     
    I find your willingness to make this claim more than a little troubling. You interviewed me for well over an hour, and you and I discussed in detail President George Washington’s diplomatic gifts: gifts which he received, acknowledged, and kept, absent any request for congressional consent.
     
    [. . .]

    Read Seth’s full post.

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

    Chicago Boyz Waiting Room Series: 6

    Posted by Jonathan on 10th March 2017 (All posts by )

    This won't hurt a bit

    Posted in Photos, Waiting Rooms | 5 Comments »

    Seth Barrett Tillman: Some Thoughts on the 2016 Presidential Election

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

    Seth re-games the election. The conclusion:

    A 269 to 269 tie would have come about in those circumstances because of the 2 electoral vote bonus awarded to each state. Trump carried 30 states (each bringing a bump of 2 electoral votes), but Clinton only carried 20 states and the District of Columbia. It appears that Republicans go into presidential elections with about a 10 state or 20 electoral vote bonus.

    Worth reading in full.

    Posted in Conservatism, Elections, Politics, Systems Analysis, Trump | 4 Comments »

    “More Trump”

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

    Assistant Village Idiot:

    Consequently, the standard for avoiding mistakes is now the same for you as you have been applying to others for your whole career. When accusing Trump of making some inaccurate statement, if you get that wrong once it outweighs nine times that you got it right. And, just between you and me and the lampost, you aren’t close to getting it right 90% of the time just now. so in the minds of the public, you are digging yourself in deeper and deeper. Fresh examples are best. There was a lot of excitement this past weekend about Trump claiming something had gone wrong in Sweden, but there hadn’t been any big incident that anyone could recognise. When I first read it, I thought What the hell is Trump talking about there? I thought the story plausible, because Trump does stuff like this. Then I saw the transcript, and without even knowing the rest of the story, I thought Unh, there’s some window there. It’s a little clumsy in the wording, but he could be talking about events in general in Sweden, maybe an “Every Friday night…” You shouldn’t try to slam dunk these, because they keep hitting off the rim. So when I read the full response, that Trump had watched Tucker Carlson on the news Friday with a story about the increase in rape and violence in Sweden due to immigration, it made entire sense.
     
    The people who always believe you – the people who will believe any bad thing about Trump (and his minions – don’t forget his minions) will throw up their hands, roll their eyes and say “Aw come on, that’s a ridiculous excuse. You got caught out, you old windbag. Don’t try to bring that crap in here.” Except it’s not ridiculous at all. That’s exactly how Trump talks, and how he thinks. He’s been talking like this for years. His claim is entirely plausible. It not only could be true, so you can’t get your slam dunk, it is actually the most likely thing that happened. Because why the hell else would Sweden suddenly occur to him? The news story was in his stew, it bubbled to the top, and he spooned it.
     
    Net result: Your pals, no change. They still don’t believe Trump but even if he had some sort of definite proof they would just scowl and wait for the next time. (We’ll get him next time.) Trump’s pals, no change. Even if you had proof they’d just shrug it off. People in the middle, that one-third of the population, most will now remember They lied about Trump again, about something really small and pointless like it was a big deal. Maybe a few will think you scored a point, but also notice that it doesn’t much matter. Small potatoes. So now you need to catch him nine times, without a miss, to make up for it. Welcome to the world you made. How does it feel to be on the receiving end?
     
    Remember the first rule of holes.

    Worth reading in full.

    Posted in Big Government, Elections, Human Behavior, Leftism, Media, Politics, Trump | 11 Comments »

    The Revolt Against the Experts

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

    ‘Trump makes sense to a grocery store owner’

    Economist-mathematician Nassim Nicholas Taleb contends that there is a global riot against pseudo-experts
     
    After predicting the 2008 economic crisis, the Brexit vote, the U.S. presidential election and other events correctly, Nassim Nicholas Taleb, author of the Incerto series on global uncertainties, which includes The Black Swan: The Impact of the Highly Improbable, is seen as something of a maverick and an oracle. Equally, the economist-mathematician has been criticised for advocating a “dumbing down” of the economic system, and his reasoning for U.S. President Donald Trump and global populist movements. In an interview in Jaipur, Taleb explains why he thinks the world is seeing a “global riot against pseudo-experts”.

    Taleb has a typically thoughtful and contrary take on Trump’s electoral victory. Worth reading in full.

    (Via Peter Saint-Andre.)

    Posted in Big Government, Book Notes, Civil Society, Politics, Trump, USA | 13 Comments »

    Nooo!

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

    Nooo! Que Barato!

    Chicagoboyz visit Hialeah.

    Posted in Photos | 1 Comment »

    Seth Barrett Tillman on Irish Television and Radio

    Posted by Jonathan on 2nd February 2017 (All posts by )

    Sharon Ní Bheoláin & Bryan Dobson, RTÉ News: Six One (Jan. 31, 2017, 6:00 PM) (interview), http://tinyurl.com/h2yatsx ; http://tinyurl.com/hx3ndjc

    Cormac Ó hEadhra, The Late Debate, RTÉ Radio 1 (Jan. 31, 2017, 10:00 PM) (panelist), http://tinyurl.com/hfs62h2

    Pat Kenny, The Pat Kenny Show, Newstalk.com 106–108fm (Feb. 1, 2017, 9:00 AM), http://tinyurl.com/gvvqdnb

    (Link to blog post.)

    Posted in Current Events, Law, Media, Politics | 4 Comments »

    Eriophora ravilla

    Posted by Jonathan on 31st January 2017 (All posts by )

    Eriophora ravilla

    Posted in Photos | 1 Comment »

    Mangroves

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

    Mangroves At Sunset

    Posted in Photos | Comments Off on Mangroves

    What Chicago Boyz Readers Are Reading (December 2016)

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

    Below is a list of the books, ebooks, music and videos that Chicago Boyz readers viewed and/or ordered in December 2016 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 | 1 Comment »

    Seth Barrett Tillman: Opening Arguments Podcast on the Emoluments Clause, With Andrew Torrez and Thomas Smith

    Posted by Jonathan on 17th January 2017 (All posts by )

    Listen here.

    Posted in History, Law, USA | Comments Off on Seth Barrett Tillman: Opening Arguments Podcast on the Emoluments Clause, With Andrew Torrez and Thomas Smith

    Seth Barrett Tillman: Tillman’s Poetry Corner: Flanders Fields

    Posted by Jonathan on 17th January 2017 (All posts by )

    This is interesting:

    John McCrae’s Flanders Fields is iconic. No more need be said. Unfortunately, its meaning has been distorted by the most popular voice and instrumental accompaniment. This new reading of the poem has transformed Flanders Fields’ meaning. My guess is that this metamorphosis was unintentional, but one and all should work to recover the original public meaning.

    Read the rest.

    Posted in Arts & Letters, Culture, History, Poetry, Rhetoric | 1 Comment »

    Dusk

    Posted by Jonathan on 16th January 2017 (All posts by )

    Posted in Photos | 3 Comments »

    Seth Barrett Tillman: This is what balanced news reporting looks like ….

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

    [Partial automated translation:]

    Tillman also pointed out that many of the public service regulations were not valid for the purpose of preventing possible conflicts of interest for elected deputies [i.e., officials], judges and not least the presidents and vice-presidents. Tillman called [i.e., made reference to] the desired independence of the persons who hold such offices. If presidents had to submit their decisions to an ethics officer, in order to rule out possible conflicts of interest, the latter would gain a very powerful position, although he [i.e., the latter] was not legitimized by any choice [of the people]. Judges and elected representatives enjoy a trust advance.

    This is worth reading in full. Recent US reporting on the Constitution’s Foreign Emoluments Clause, like much recent US reporting on any topic that can be associated with Trump, is tendentious in the extreme.

    See also: Tillman on Trump on RTE (Irish national television) (Seth appears in the video beginning around 5:50, debating a Democratic Party representative. The clip runs about 9 minutes.)

    Posted in Law, Media, Politics, Trump, Video | 1 Comment »

    Seth Barrett Tillman: Moving the Overton Window and Student Notes

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

    When you launch a new idea, its very newness puts it outside of the mainstream. Back in 2007, in an academic article, recess appointments were one of the issues du jour. I wrote that if a President made a recess appointment, a determined Senate could kill the appointment by ending its current session and immediately starting a new one (or by doing so twice, in the case of an intra-session recess appointment). See Seth Barrett Tillman, Senate Termination of Presidential Recess Appointments, 101 Nw. U. L. Rev. Colloquy 82 (2007), https://ssrn.com/abstract=956164 (the first part of a four-part Tillman-Kalt exchange).
     
    I admit that the idea was a bit novel—but it does follow from the text of the Constitution’s Recess Appointments Clause. One student note called my “innovation[] … at once both plausible and absurd ….” David Frisof, Note, Plausible Absurdities and Practical Formalities: The Recess Appointments Clause in Theory and Practice, 112 Mich. L. Rev. 627, 643 (2014).
     
    Two years later, in 2016, what was absurd is now standard fare.
     

    All that the [Republican majority] Senate would need to do [to terminate a purported recess appointment by President Obama of Judge Garland to the Supreme Court] is end its next session by adjourning sine die and Garland’s term would end. This is because, under the Constitution’s Recess Appointments Clause, such appointments terminate at the end of the next Senate session. Adjourning sine die would require the cooperation of the House and a president’s signature, but that would be no obstacle come Jan. 20. In other words, Congress could terminate any recess appointment made by Obama in less than three weeks.

    Read the rest.

    Posted in Law, Politics | 2 Comments »

    Costco

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

    shopping

    Posted in Photos | 7 Comments »

    Seth Barrett Tillman: Ed Kilgore, At NY Mag’s Daily Intelligencer, Asks President Obama To Use Recess Appointments: Kilgore’s Strategy Won’t Work & This Is Why

    Posted by Jonathan on 29th December 2016 (All posts by )

    Kilgore argues that the only route the Republicans would have to remove these recess appointees* would be through slow moving lawsuits which would take months, all the while leaving these appointees in place during the first year of Trump’s new administration. See Kilgore (“TR made 193 recess appointments at the beginning of 1903, and while the legality of the action has been questioned, it has never been clearly overturned. If Obama were to follow this procedure, it would take extensive litigation to reverse it, and it might stand after all.”). Kilgore is entirely wrong. No lawsuits would be needed—just two swings of the Majority Leader’s gavel. Just two swings and the recess appointees would be out.**

    Read the rest.

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

    Seth Barrett Tillman: This Is What I Think And This Is What Other People Think Scholarship Looks Like

    Posted by Jonathan on 27th December 2016 (All posts by )

    Seth points out differences in the ways in which different legal scholars characterize arguments that challenge conventional legal wisdom. Worth reading.

    Posted in History, Law | 2 Comments »

    Arab Coffee

    Posted by Jonathan on 27th December 2016 (All posts by )

    Arab Coffee

    Cafe Najjar is the official Arab/Turkish coffee of the Chicago Boyz blog.

    Posted in Photos, Product Reviews/Endorsements | 3 Comments »

    What Chicago Boyz Readers Are Reading (October and November 2016)

    Posted by Jonathan on 20th December 2016 (All posts by )

    Below is a list of the books, ebooks, music and videos that Chicago Boyz readers viewed and/or ordered in October and November 2016 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 | 14 Comments »

    Espresso Update 2

    Posted by Jonathan on 20th December 2016 (All posts by )

    Chicagoboyz is making millions in Amazon referral fees, at least as measured in Venezuelan currency. However, in the interest of honesty we must acknowledge that our recommended cheap espresso machine has bought the farm for the second time in its warranty period. Third time may be the charm but we suggest looking at alternatives. Chicagoboyz reader PenGun mentioned his good experience with this Breville model and indeed the Breville line has a good rep. I myself just ordered a Nespresso combo as a gift, based on its generally good reviews. Nespresso may be a good option if you prefer the convenience and consistency of packaged coffee cartridges.

    It’s a jungle out there, YMMV, choose wisely, and whichever machine you buy make sure to give it a good workout during the seller’s return period. I can vouch for DeLonghi’s warranty, so my original recommendation is still a good bet if you’re willing to roll the quality-control dice. Happy caffeinated holidays and feel free to leave your own suggestions in the comments.

    Posted in Product Reviews/Endorsements | 3 Comments »

    We Are The Home Depot

    Posted by Jonathan on 19th December 2016 (All posts by )

    We Are The Home Depot

    Posted in Photos | 4 Comments »

    Shadows

    Posted by Jonathan on 8th December 2016 (All posts by )

    blue shadow blue

    Posted in Photos | Comments Off on Shadows

    Seth Barrett Tillman: How The Recounts Pose A Risk To Mike Pence

    Posted by Jonathan on 28th November 2016 (All posts by )

    What are the Democrats up to in pursuing election recounts?

    Still if all 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the presidential race will be thrown into the House where each State has one vote. Under Article II and the Twelfth Amendment, Trump has to carry a majority of state delegations (26 of 50). There is a separate quorum requirement: 2/3 of the States (34 of 50) must have one or more members present. Trump can probably meet this bar: 32 of the state delegations in the 115th Congress will have Republican majorities (albeit some are narrow majorities), and 11 other state delegations have 1 or more Republican members. So the Republicans should be able to reach a quorum of 34 States with one or more members present.
     
    However, if all three 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the vice presidential race will be thrown into the Senate. Under Article II and the Twelfth Amendment, Pence will need a majority of the “whole number” of senators. The Republicans have such a majority. But the Twelfth Amendment also has a quorum requirement: “two-thirds of the whole number of Senators.” [2/3 is 67 of 100 senators, assuming all elected Senators are alive and sworn during the proceedings to select a Vice President.] The Republicans cannot meet this bar, at least not absent Democratic participation. By absenting themselves, the Democrats can block the narrow Senate Republican majority from selecting Pence.

    Read the rest.

    Posted in Current Events, Elections, Leftism, Politics, Trump, USA | 8 Comments »

    Seth Barrett Tillman: Room for Debate: Constitutional Restrictions on Foreign Gifts Don’t Apply to Presidents

    Posted by Jonathan on 19th November 2016 (All posts by )

    Seth makes the New York Times:

    Still the Constitution does not always demand that we and our government act wisely. And that is the situation here. The Foreign Gifts Clause provides that “no person holding any office of profit or trust under them (i.e., the United States) 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.”
     
    Does the Foreign Gifts Clause and its office under the United States language apply to the presidency? There are three good reasons to believe that it does not.

    Worth reading in full.

    Posted in History, Law, Politics, Trump | Comments Off on Seth Barrett Tillman: Room for Debate: Constitutional Restrictions on Foreign Gifts Don’t Apply to Presidents