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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 »

    Iconoclasm

    Posted by Lexington Green on 15th August 2017 (All posts by )

    Something was nagging at the back of my mind about the recent push to destroy all Civil War monuments in the South. The argument usually advanced is that these statues celebrate the Confederacy and slavery so they should be removed. That case is facially plausible.

    However, the destruction of monuments seems to be accelerating, with a move from organized removal, lawfully conducted, to mobs toppling the statues spontaneously.

    Watching this video is a good example of the trend.

    Then I saw today that activists are demanding that statues of Theodore Roosevelt be taken down, because he was apparently also “racist”.

    And today the Lincoln Memorial was vandalized.

    In the past, there have been outbreaks of this sort of behavior, and they have tended to get out of control. There was the original iconoclast movement in Byzantium. There was a massive destruction of religious images during the Reformation. There was a similar outbreak of mob attacks on religious statues and images during the French revolution. During the early days of the Spanish Civil War, mobs spontaneously attacked and destroyed churches. There is a famous photo of men in civilian clothes taking pot shots at a large crucifix, somewhere in Spain in 1936.

    The Wikipedia article lists many such outbreaks.

    The Chinese Cultural Revolution seems the most apt comparison to where this is going. The Red Guards tried to stamp out the entirety of Chinese history up to their own time. Everything that had occurred before their revolution was corrupt and any attempt to preserve it was a political offense requiring the harshest possible personal attack, including violent attack, and including death. Further, the activities escalate because people must engage in increasingly extreme behavior to show their commitment and fervor. Slacking off becomes suspect.

    The fact that this is a recurring phenomenon, with similar patterns repeating in various cultures over thousands of years, suggests that there is a generalized psychological impulse which can express itself anywhere if conditions are right, especially an ideological motivation.

    The inner logic of Political Correctness, in the USA, in 2017, has no stopping point.

    The existence of Trump is a helpful rhetorical crutch, since people can say that they are just striking out in rage at having a fascist in the White House. But that is a justification not a cause.

    Genuine, deep hatred of the past, of everything the USA has been and stood for, is the motivator.

    This is the result of several generations of indoctrination, in the government schools. The indoctrination has been spectacularly successful.

    Absolutely everything that occurred in the American past is necessarily, in this view, tainted and corrupt, valueless and worthy only of elimination. For example, most of the Founders were slave-owners. All depictions and references to them must be destroyed. George Washington, a slave owner, was no better than a Nazi. All institutions and documents associated with slave-owners, the Declaration of Independence, the Constitution, are no better than Nazi documents. All of them must be destroyed.

    Christian churches have traditionally been associated with condemning homosexuality as sin, or fighting against Islam. These religious buildings and their images must also be destroyed, by this logic.

    Buildings traditionally associated with male privilege, or capitalism, for example old office buildings with traditional lobby spaces, or clubs that were once restricted to men, are tainted. These also have to be destroyed.

    At a certain point public monuments will be attacked if they are old or have figurative statues simply because everything from the past falls short of the ideal politically correct standard and is therefore evil.

    If you watch the video of the crowd tearing down the Confederate soldier statue, they are not engaged in any kind of rational political act. They are in a frenzy. They are motivated by hate, and they are literally angrily kicking and punching an inert mass of crumpled metal.

    Mobs, once they taste the pleasure of mass violent action and ritual destruction, will want more of it. The conduct will not stop, but will escalate. It is a process that can get out of control.

    The psychological compulsion to engage in this behavior, and the feeling of group solidarity which comes with the activity, the chanting, the sense of triumph in destroying something that is valued by people the attackers hate, is intoxicating.

    Conventional politicians on the Left will find it hard to find a principled way to condemn the behavior, and will say they understand the impulse but condemn the excess.

    Conventional politicians on the Right will apologize for racism and oppression in the past, but insist on law and order.

    Neither will engage with the revolutionary and nihilistic impulses which underlie this behavior, or the indoctrination which made it possible.

    Expect to see this behavior continue, ratchet up, break out in many places.

    Expect high levels of serious vandalism and arson directed at the types of monuments and buildings I mentioned.

    As usual with such predictions, I hope I am wrong.

    Let’s see how it looks over the next few months.

    UPDATE:

    TThat didn’t take long!

    In Chicago today: Local pastor calls on Emanuel to change names of 2 Chicago parks.

    Bishop James Dukes sent a letter to Mayor Emanuel and the Chicago Park District on Monday asking the City of Chicago to rename Washington and Jackson Parks which commemorate former presidents George Washington and Andrew Jackson, key historical figures and known slave owners.

    The article notes: “On the topic of removing the statute of Confederate General Robert E. Lee, the president said, ‘I wonder, is it George Washington next week? And is it Thomas Jefferson the week after?'”

    President Trump is a pretty smart cookie!

    But it didn’t even take a week.

    According to the article, this pastor “is meeting with a city official soon to discuss the process for changing the names.”

    We have a whole damn state named after Washington!

    That has to change.

    And Washington’s head has to be dynamited off of Mount Rushmore.

    And the money? Washington’s face is on the money! That has to change!

    And all those statues! Take ’em down!

    That will help to bring about healing.

    Stand by.

    UPDATE 2:

    Executive director and general counsel of the Congressional Black Caucus calls for statues of George Washington to “come down”.

    Posted in Culture, Current Events, Deep Thoughts, Politics, Predictions, USA | 26 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 »

    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 »

    Jordan Peterson: 12 Principles for a 21st Century Conservatism

    Posted by Lexington Green on 26th July 2017 (All posts by )

    If you are not familiar with the videos of Dr. Jordan Peterson, you should acquaint yourself with them, and him, forthwith.

    This one is a good introduction to the style and substance of the man.

    Peterson starts talking about 18 minutes in, after a lengthy and rambling introduction which you should skip.

    If two hours is too much here are shorter snippets:

    The consequence of trying to build imaginary utopias out of real human beings.

    Stop saying things that make you weak.

    Proven differences between men and women.

    Go out and make something of yourself.

    The temptation of victim identity.

    Clean your room.

    Peterson on starting an online humanities university.

    The twelve principles from the video are as follows:

    1. The fundamental assumptions of Western civilization are valid.
    2. Peaceful social being is preferable to isolation and to war. In consequence, it justly and rightly demands some sacrifice of individual impulse and idiosyncrasy.
    3. Hierarchies of competence are desirable and should be promoted.
    4. Borders are reasonable. Likewise, limits on immigration are reasonable. Furthermore, it should not be assumed that citizens of societies that have not evolved functional individual-rights predicated polities will hold values in keeping with such polities.
    5. People should be paid so that they are able and willing to perform socially useful and desirable duties.
    6. Citizens have the inalienable right to benefit from the result of their own honest labor.
    7. It is more noble to teach young people about responsibilities than about rights.
    8. It is better to do what everyone has always done, unless you have some extraordinarily valid reason to do otherwise.
    9. Radical change should be viewed with suspicion, particularly in a time of radical change.
    10. The government, local and distal, should leave people to their own devices as much as possible.
    11. Intact heterosexual two-parent families constitute the necessary bedrock for a stable polity.
    12. We should judge our political system in comparison to other actual political systems and not to hypothetical utopias.

    Posted in Academia, Conservatism, Personal Narrative, Philosophy, Political Philosophy, Politics, Speeches, Video | 19 Comments »

    Internal Secession ?

    Posted by Michael Kennedy on 15th July 2017 (All posts by )

    The Trump Derangement Syndrome shows no sign of stopping. The alleged meeting between Russians and Donald Trump Jr is reaching a new level of fever.

    The anti-Trump mainstream media is buzzing with news that Rinat Akhmetshin, a Russian American lobbyist and veteran of the Soviet military, attended the June 2016 meeting between Donald Trump Jr. and Russian lawyer Natalia Veselnitskaya.

    Rosalind Helderman and Tom Hamburger of the Washington Post insist that Akhmetshin’s presence “adds to the potential seriousness of the Trump Tower gathering that is emerging this week as the clearest evidence so far of interactions between Trump campaign officials and Russian interests.” I think they mean the only evidence.

    But now does the attendance of this lobbyist add to the “potential seriousness” of the “gathering”? If it was inappropriate for Trump Jr. to meet with one Russian lobbyist with probable Kremlin connections, the attendance of a second doesn’t make the meeting more inappropriate.

    The hysteria shows no sign of abating. What comes next ?

    “Resist” marches all over the country bring out thousands of leftists and feminists.

    Tens of thousands of LGBTQ folk and their allies marched through Hollywood and West Hollywood on Sunday for the Resist March, a protest which this year replaced the colorful and over-the-top celebratory atmosphere of a Pride parade.

    The event was billed as non-partisan, but unmistakeable was the heavy presence of marchers bearing anti-Trump signs, speakers decrying the administration’s immigration, healthcare and civil rights policies, and Democrats calling for a burst of activism to channel into the 2018 elections.

    Richard Fernandez has some thoughts on where this might go.

    Internal secession.

    Our trust hierarchies have collapsed. As with Soviet Russia, the “official” media sources are now distrusted as purveyors “fake news”. To fill the gap a peer-to-peer grapevine, similar to the “friends and family”, a samizdat is emerging to pick up the slack. Sonya Mann at Inc uses a startup to illustrate the growing division of society into trust groups. “Pax Dickinson wants to fund the revolution. Not a blood-in-the-streets revolution, but one where hardcore right-wingers can economically secede from the parts of society they vehemently dislike. “We need parallel everything. I do not want to ever have to spend a single dollar at a non-movement business.”

    That’s the right, the alt-right if you prefer.

    The left has already shown their willingness to boycott any business that does not follow their script.

    Ask Brenden Eich.

    Brendan Eich recently stepped down as CEO of Mozilla, developer of the Firefox Web browser. It may be more accurate to say he was forced out in the wake of a rising boycott against him. The backlash against Eich is related to his position on gay rights, but many feel that the campaign against him is its own form of discrimination and intolerance.

    His crime was to quietly donate $1000 to the Proposition Eight ballet initiative, which resulted in over 7 million yes votes and a 60% margin of approval. The proposition was ruled unconstitutional by a federal judge who promptly married his gay lover.

    California’s AG declined to appeal his ruling. That’s a pretty effective boycott.

    Read the rest of this entry »

    Posted in Big Government, Civil Society, Politics, Texas | 18 Comments »

    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 »

    THAT AWKWARD TIME

    Posted by Subotai Bahadur on 11th July 2017 (All posts by )

    You know the one I mean. When you can see what is coming at you head on, and yet it is considered very poor form in the proper circles to admit the truth.

    This is written on July 10, 2017. Tomorrow Congress returns from its VERY long weekend for the 4th of July. Note that they refer to it in official documents as the “4th of July” recess, for them the date is more important than the Independence of our country.

    By whatever name, it is the calendar that is of import. Remember, from tomorrow, our worthless, ambulatory violations of Article I, Section 9, Clause 8 of the Constitution take their next vacation after barely a fortnight and 3 days after returning. And they will take the end of July, all of August, and the first part of September off. Technically, there are 12 working days before that respite. Technically. But Congress cannot be troubled, regardless of supposed party, to actually work 5 days a week. Mondays and Fridays are part of the congressional weekend and are not to be profaned by the work of the public.

    So, what of that work remains to be done, and under what strictures?
    Read the rest of this entry »

    Posted in America 3.0, Big Government, Current Events, Elections, Politics | 14 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 »

    Sabo

    Posted by Lexington Green on 21st June 2017 (All posts by )

    The very awesome Sabo is interviewed in the very pathetic Guardian. Bravo to him for going into the den of the enemy. They did not land a glove on him, though they tried in their feeble whining way.  

    Sabo has a punk rock sensibility, which the above image from him demonstrates. Those of us of a certain age and youthful inclination will recognize it right away.

    Sabo is responsible for many images that attack the left with a scurrilousness and force that is wholly appropriate to the scale and malice of the provocation. Sabo is famous for putting up posters all over Los Angeles which affront the lefty sensibilities of the inhabitants — Like this one:

    His website, Unsavory Agents, is here. He does good, and funny, work. You may want to buy some of his stuff.

    Read the rest of this entry »

    Posted in Arts & Letters, Leftism, Media, Politics | 10 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 »

    Another Long Hot Summer in the Making

    Posted by Sgt. Mom on 31st May 2017 (All posts by )

    Just when I start to think that the fans of Hillary Clinton and her minions in the national establishment are calming the heck down, after the unexpected shellacking at the polls by Donald Trump of Her Inevitableness, the Dowager Empress of Chappaqua … nope, the insane is being cranked up to twelve – that is two more above ten. (Obligatory Spinal Tap reference there.) And the inmates of certain college campi are running the insanity all the way up to thirteen or fourteen, as witness the furious activists at Evergreen University, in Olympia, Washington State. They are bent out of shape over the usual crap that student activists are usually bent out of shape over – but in this case, the frosting on the cake is a video of a raucous demonstration by student activists making their demands, and generally acting like spoiled three-year-olds throwing a screaming tantrum. The video is linked here -And the students take? “We demand that the video created for Day of Absence and Day of Presence that was stolen by white supremacists and edited to expose and ridicule the students and staff be taken down by the administration by this Friday.” Sorry, kids – the internet is forever. Don’t want to be ridiculed by strangers who don’t give a damn for your sensitive little egos? Don’t do ridiculous things.

    Ridiculous things like … oh, I don’t know – pose for an elaborate video shoot with a blood-soaked fake head of Donald Trump, especially if you are a pathetically unfunny failed comedian like Kathy Griffin. In whom, like the Kardashians, I am fabulously disinterested but such is theirs and Kathy Griffin’s unseemly lust for public attention that I can’t help knowing about them anyway, much as I would wish otherwise. At this point, it looks like this tasteless stunt as cost Ms Griffin a gig with CNN on New Years Eve – story here. I imagine that the suits at CNN are counting up the numbers and calculating how many more viewers they can lose if they really put their backs into it.

    And speaking of media figures taking their lumps – last week we had the interesting spectacle of one Greg Gianforte, running for a congressional seat in Montana, charged with roughing up a reporter for England’s Guardian newspaper. Gianforte won the contest anyway, leading observers like myself to wonder if he did any damage to his campaign at all. After all – who hasn’t wanted to slap the cr*p out of a rude and obstreperous reporter now and again? This could get very popular, if incorporated onto White House press briefings. Sean Spicer could draw a name from a hat at the start of every briefing, and punch out the selected reporter. We could call it “Beat the Press.”

    And finally – the latest to surface in the cacophony of crazy is the demand by a group calling themselves “Texas Antifa” to remove a prominent statue of Sam Houston from Houston’s Herman Park, on the grounds that Houston was a slave owner. Doubtless, Texas Antifa is trying to hop aboard the movement to banish statues of Confederate leaders and soldiers from public spaces across the old South and garner some of that sweet, creamy media attention … either that, or someone – either on the right or left – is doing an epic troll. While Sam Houston did own slaves (about a dozen, some of whom were purchased so as to keep a family together, or so sayeth one of the biographies I have read) he was emphatically against the expansion of slavery to the Western territories, against secession from the United States and resigned his office as governor rather than take an oath of allegiance to the Confederacy. In any case, Texas Antifa has called for a rally on June 10th. At the very least, this event may draw more supporters of keeping the statue where it has been since 1925. I’m no particular judge of prog-speak: Texas Antifa’s Book of Face page is here. Read for yourself and decide – for realsies lefty, stark raving nuts, or clever parody?
    Discuss, if you can bear it.

    Posted in Civil Society, Current Events, Education, History, Leftism, North America, Politics | 34 Comments »

    A Slow Motion Coup d’Etat.

    Posted by Michael Kennedy on 20th May 2017 (All posts by )

    Here is a pretty good article about the Trump phenomenon.

    I disagree with the premise that “Trump is supremely unfit for his White House job.”

    The rest of the article is pretty much on target and follows Angelo Codevilla’s piece on the “Ruling Class.”

    This is pretty much the way I see it.Then there is the spectacle of the country’s financial elites goosing liquidity massively after the Great Recession to benefit themselves while slamming ordinary Americans with a resulting decline in Main Street capitalism. The unprecedented low interest rates over many years, accompanied by massive bond buying called “quantitative easing,” proved a boon for Wall Street banks and corporate America while working families lost income from their money market funds and savings accounts. The result, says economic consultant David M. Smick, author of The Great Equalizer, was “the greatest transfer of middle-class and elderly wealth to elite financial interests in the history of mankind.”

    The news now is 99% Trump 24 hours per day. 97% of it is bad or negative on Trump.

    Analysis: Only 3 percent of reports on CBS, NBC positive for Trump

    A new analysis by a nonpartisan media research firm shows that just 3 percent of the reports about President Trump that aired on NBC and CBS were deemed positive.

    The data comes from an analysis by Media Tenor, an independent media research firm founded in 1993.

    The firm’s analysts watched 370 news stories about Trump on the “NBC Nightly News,” “CBS Evening News” and Fox News’s “Special Report” between Jan. 20 and Feb. 17. Trump took office the day the analysis began.

    Overall the analysis found that on NBC and CBS, 43 percent of stories on Trump were negative, while only 3 percent were positive. Fifty-four percent of reports were considered neutral.

    I’m not sure I would agree on what is “neutral.”

    I am not the only one who thinks a coup d’etat is under way.

    Spengler, who is my #2 go to guy after Fernandez,
    thinks what is going on is a coup attempt.

    A ranking Republican statesman this week told an off-the-record gathering that a “coup” attempt was in progress against President Donald Trump, with collusion between the largely Democratic media and Trump’s numerous enemies in the Republican Party. The object of the coup, the Republican leader added, was not impeachment, but the recruitment of a critical mass of Republican senators and congressmen to the claim that Trump was “unfit” for office and to force his resignation. Read the rest of this entry »

    Posted in Big Government, Elections, Politics, Trump | 28 Comments »

    How to Get a Complex/Technical Bill Through a Legislature

    Posted by David Foster on 5th May 2017 (All posts by )

    In 1751, Lord Chesterfield decided that the time had come for England to switch from the Julian to the Gregorian calendar.  In a letter to his son, he explained how he got this done:

    I consulted the best lawyers and the most skillful astronomers, and we cooked up a bill for that purpose. But then my difficulty began: I was to bring in this bill, which was necessarily composed of law jargon and astronomical calculations, to both which I am an utter stranger. However, it was absolutely necessary to make the House of Lords think that I knew something of the matter; and also to make them believe that they knew something of it themselves, which they do not. For my own part, I could just as soon have talked Celtic or Sclavonian to them as astronomy, and they would have understood me full as well: so I resolved to do better than speak to the purpose, and to please instead of informing them. I gave them, therefore, only an historical account of calendars, from the Egyptian down to the Gregorian, amusing them now and then with little episodes; but I was particularly attentive to the choice of my words, to the harmony and roundness of my periods, to my elocution, to my action. This succeeded, and ever will succeed; they thought I informed, because I pleased them; and many of them said that I had made the whole very clear to them; when, God knows, I had not even attempted it. Lord Macclesfield, who had the greatest share in forming the bill, and who is one of the greatest mathematicians and astronomers in Europe, spoke afterward with infinite knowledge, and all the clearness that so intricate a matter would admit of: but as his words, his periods, and his utterance, were not near so good as mine, the preference was most unanimously, though most unjustly, given to me.

    Posted in Britain, History, Politics, Rhetoric, Science | 3 Comments »

    Please avoid using these Alt-Right hate-gestures

    Posted by Lexington Green on 4th May 2017 (All posts by )

    Posted in Politics | 12 Comments »

    Book Review – Shattered

    Posted by Carl from Chicago on 29th April 2017 (All posts by )

    This really isn’t a traditional book review. “Shattered” is a book about the last presidential campaign from Hillary’s advisors’ perspective. I bought it on Amazon and read it and it was just an amazing view into the mechanics of that doomed campaign. Highly recommended.

    First of all, I want to commend her camp for getting the basics so right. They reviewed the 2008 campaign which failed for her and took all the tactics of the winning side. They consisted of:
    1. Focusing solely on the super delegates. Apparently this is much more technical than you’d expect and if you don’t carefully understand each state and district and how everything works you may win a lot of votes but receive few delegates
    2. Play the long game and ignore distractions. When Bernie blew her out of a lot of states they just waited to get back to states with large minority populations so she could cover over those losses. This generally ignores the fact that Bernie was competitive in states which were critical to the electoral college and “in play” which made a difference in the general election but not in the primary election
    3. No one was going to change their mind about her. Their campaign strategist, a guy named Robby Mooks, didn’t spend any money on “persuasion” because those that hated her weren’t changing their mind and the more she was in the news tied to the email scandal or her health or the DNC leaks the worse it got. At one point they said they were considering not putting more money into a state (Michigan) right up before the election because they believed that they were just inflaming the other sides’ base
    4. No matter what happened, she soldiered on. She was unflappable.

    Read the rest of this entry »

    Posted in Book Notes, Politics | 14 Comments »

    Seth Barrett Tillman: Have I Got A Sweet Deal For You …

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

    Are you a law student in desperate search of an interesting topic for a note? … Or, are you a fundamentally burned out and deeply disappointed legal academic tired of writing papers lacking relevance and resonance—papers which no one reads—papers which are never cited and are soon forgotten? … Because if so, have I got a sweet deal for you. You can have this idea—with no money down, and at no cost to you. But you will want to post your work-product on SSRN or otherwise publish prior to May 26, 2017.

    Read Seth’s full post.

    Will Seth get any takers on his generous offer? He should. However, since the emoluments issue is mainly a political bat that partisans use against Trump, that would lose its value if Seth’s argument against its applicability to the President became widely accepted, it seems not unlikely that the answer (at least in the short term) is no.

    Posted in Law, Politics, Trump | Comments Off on Seth Barrett Tillman: Have I Got A Sweet Deal For You …

    Should we renew the Foreign Intelligence Surveillance Act?

    Posted by Michael Kennedy on 15th April 2017 (All posts by )

    There has been quite a bit of concern about an opposition to the Trump presidency set up in Washington by Obama and his allies.

    Obama used the US intelligence apparatus to spy on Trump’s presidential campaign.

    June 2016: FISA request. The Obama administration files a request with the Foreign Intelligence Surveillance Court (FISA) to monitor communications involving Donald Trump and several advisers. The request, uncharacteristically, is denied.

    October 2016: FISA request. The Obama administration submits a new, narrow request to the FISA court, now focused on a computer server in Trump Tower suspected of links to Russian banks. No evidence is found — but the wiretaps continue, ostensibly for national security reasons, Andrew McCarthy at National Review later notes. The Obama administration is now monitoring an opposing presidential campaign using the high-tech surveillance powers of the federal intelligence services.

    Why would the FISA court approve such a thing ? Why would the Obama people continue when no evidence was found ?

    The controversy has continued and Susan Rice, the Obama NSC head, seems to be at the center of it.

    Read the rest of this entry »

    Posted in Big Government, Elections, Politics, Privacy, Trump | 6 Comments »

    Our Quasi-Soviet Fiscal Policy

    Posted by Kevin Villani on 5th April 2017 (All posts by )

    “It’s like deja vu all over again.”

    Do Yogi Berra‘s words of wisdom apply to the “new” trillion dollar “public infrastructure” program? The last program, still unpaid, focused on “shovel-ready” projects but somehow missed most potholes. Meanwhile, private companies are prepared to spend $100’s of billions on a new fiber optic internet super highway.

    Is the current proposed public spending program more likely to pay off for taxpayers than the last one?

    Historical Precedent

    When the hammer and sickle flag was lowered for the last time in Moscow on December 25, 1991, the international finance agencies created in Bretton Woods in 1944, led by British economist John Maynard Keynes and the Undersecretary of the U.S. Treasury Harry Dexter White, found a new mission.

    The International Monetary Fund (IMF), which is a “bank” according to Keynes, provided the financial infrastructure for international trade. The World Bank (WB), or a “fund” according to Keynes, was promoted by, known communist and accused Russian spy, Undersecretary White to help reconstruct European infrastructure, but primarily Russia’s infrastructure, in the wake of WW II destruction.

    The IMF lost its raison d’être in 1971 after President Nixon eliminated dollar convertibility into gold, ending the Bretton Woods function. Russia turned down World Bank membership, so the Bank turned to lending for infrastructure projects in the “underdeveloped” nations, which by 1991 faced overwhelming political obstacles.

    Assisting in the conversion of formerly centrally planned economies into capitalist market economies became the finance agencies’ new post-Soviet mission. However, few people had much of an idea of how to accomplish this. It had never been done before, and the IMF and WB were particularly ill-equipped as their charter limited them to lending only to governments. They were essentially statist organizations with little experience with (or sympathy for) competitive private markets (which helps explain why they remain chronically underdeveloped).

    Read the rest of this entry »

    Posted in Big Government, Economics & Finance, Organizational Analysis, Politics, Public Finance, Russia, Trump | 3 Comments »

    To Kipple or Not?

    Posted by Sgt. Mom on 4th April 2017 (All posts by )

    Some time ago and in another blog-post I wondered if it were possible for those with conservative and libertarian leanings to develop some kind of secret password, or handshake with which to identify themselves to new-met acquaintances who might possibly share those inclinations. We tend to be polite, do not relish open confrontation – and really, why pick unnecessary fights with neighbors, casually-met strangers, distant kin, or fellow workers? Most times, it just is not worth the hassle, or the chance of turning a casual social interaction or relationship turning toxic. Most of us do not eat, sleep, dream, live politics twenty-four-seven, anyway. But it certainly is pleasant to discover someone of like sympathies, usually after a few rounds of warily sounding them out, and assuring them that no, we will not come unglued if they confess to having voted for or liked (insert political figure or philosophy here).

    But I think that I have hit upon a handy shorthand method for discerning the political sympathies of another without coming outright and asking. This insight came about through following a couple of libertarian-leaning or conservative blogs – Sarah Hoyt and Wretchard at Belmont Club being two of the more notable – and noting that the principals and many of their commenters all seemed au courant with Kipling. Read the rest of this entry »

    Posted in Arts & Letters, Conservatism, Miscellaneous, Politics | 33 Comments »

    The Riot at Middlebury College and Academic Life.

    Posted by Michael Kennedy on 1st April 2017 (All posts by )

    Recently, Charles Murray, author of the book, “The Bell Curve,” a study of intelligence in the population, was invited to speak at Middlebury college, a liberal arts college in Vermont. His attempt to speak was interrupted by a riot which injured a professor at the college.

    Inside Higher Ed’s story on the event explains that college officials admonished the students prior to the talk that they could protest but not disrupt Murray’s talk, which was to be about the way white America is coming apart—the title of his latest book—along class lines. Unfortunately, that admonition did no good. “As soon as Murray took the stage,” we read, “students stood up, turned their backs to him and started various chants that were loud enough and in unison such that he could not talk over them.

    The confrontation continued after he had left the stage and attempted to move to another location.

    And then matters turned worse. Fearing that there might be a raucous, disruptive mob instead of an audience of students willing to listen and consider Murray’s arguments, school administrators had set up a contingency plan. Once it became clear that the mob had killed the lecture, they moved to another location where Murray would give his talk, which would be live-streamed to students.

    Sadly, that location was soon beset by the mob, with banging on windows and pulling of fire alarms. Murray and Professor Allison Stanger, who was the moderator for the talk, tried their best to continue a rational discussion.

    Finally, Murray, Professor Stanger, and a few others tried to leave campus.

    Mayhem resulted when Professor Stanger, who had been willing to state her agreement that Murray should not have been invited, was injured.

    Why did this happen ? Tribalism ?

    Read the rest of this entry »

    Posted in Academia, Civil Society, Education, Leftism, Politics, Trump | 12 Comments »

    The state of state surveillance technology

    Posted by Mrs. Davis on 25th March 2017 (All posts by )

    All the discussion of the Trump “wiretapping” seems to assume that there are targets of surveillance. I thought that had passed away years ago and that NSA was simply capturing all transmissions in the ether, converting them from voice to text and storing both in a searchable data base. While additional land lines may be intercepted, the vast majority of signals are now airborne at some point so the NSA has access to virtually all electronic communication, foreign and domestic. Likewise, they do not, except in extraordinary circumstances, have acres of analysts sitting in cubes listening to conversations in real time. Instead, software constantly crawls the text database for terms of interest or manually input searches, such as the names of everyone on the Trump transition team. This is how team 0bama got the dirt that has been leaked to the press.

    Politics is now under the influence of those at NSA with search authorization much more than the Kremlin, except to the extent they have comparable capabilities. I suspect the Kremlin has comparable intellectual capabilities but less access to transmissions and even less processing bandwidth. Given the acceptance of the loss of privacy by the facebook generation, this can only expand. And to think that only 80 years ago a Secretary of State could opine that “Gentlemen do not read each others mail.” Things have changed, and once again, not for the better.

    Got that off my chest. Now if only the tin foil would stop irritating my scalp.

    Posted in America 3.0, Big Government, Current Events, Human Behavior, Just Unbelievable, Politics, Privacy | 11 Comments »

    Numb

    Posted by Sgt. Mom on 22nd March 2017 (All posts by )

    That’s the condition my condition is in, regarding the latest public atrocity in London. Just – numb. Sorry for the unfortunate victims, obligatory silent prayers for the dead … but it has all become a kind of dreadful routine. The next numbers in the grand atrocity calculus are the usual – the on-the-spot memorials of flowers, candles and teddy bears, the Book of Face meme to do something with your photo, the obligatory whines from the usual parties not to blame Islam (and the usual fears for an anti-Muslim backlash; although since there have hardly been significant non-fake incidents after the last couple of dozen or so public atrocities one wonders how long the usual parties can go on riding/flogging THAT particular pony), some heartbreaking stories about the victims, vows of eternal vigilance by the law-keeping and intelligence-supervising specialists … and then nothing much, until next time. I suppose this is what it’s like for Israelis; swab off the blood, fill in the divots, bury the victims and wait for the next high-velocity demonstration by representatives of the “Religion of Peace. ™

    Posted in Current Events, Islam, Miscellaneous, Politics | 23 Comments »

    Seth Barrett Tillman: This Is What Is Wrong With The American Judiciary

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

    Excerpt:

    For example, judges, like anyone else in any other role, want a reasonable amount of time to meet their responsibilities. So a compressed briefing and argument schedule is onerous. But all temporary restraining orders are onerous in just this way. That being so, it is difficult to credit why this all too common fact of judicial life is among the “worst conditions imaginable.” Bybee’s overstatement here is palpable.
     
    Even more problematic, Judge Bybee states that “intense public scrutiny” is another of these “worst conditions imaginable.” That is a problem. Judges have extraordinary public power. They are supposed to be scrutinized, and that includes scrutiny by the wider public. The only legitimate question is whether the scrutiny is fair, not how “intense” it is. The First Amendment does not end at the courthouse door, nor do parties’ First Amendment rights end because they find themselves dragooned into litigation.
     
    Moreover, it is wholly “out of … bounds” for an American judge to instruct litigants that their out-of-court statements are inconsistent with “effective advocacy.” Even if not specifically intended, the natural, probable, and expected effect of the dissent’s language is to chill constitutionally protected speech.* It amounts to a directive, from the court** to the lawyers before it, to instruct their clients to shut up during ongoing litigation. Bybee’s extraordinary language here demands a response from the public, the wider legal community, and the elected arms of the government.

    Read the whole thing.

    UPDATE: I Was Wrong

    Posted in Anglosphere, Civil Liberties, Civil Society, Law, Political Philosophy, Politics | 17 Comments »