We the Serfs

The Preamble is one of the few parts of the Constitution that President Obama did not abuse in his first term. He corrected that omission in his second inaugural address by using “We the People” as a refrain. Democratic politicians love to use refrains in their speeches. At Democratic National Conventions the rabble gleefully and robotically chants the refrain with the speaker. The particular refrain Obama used reminded me of a fascinating talk Professor Richard Epstein gave during a panel discussion at the November 2010 Federalist Society Convention. At the time, I was surprised to hear Professor Epstein characterize “We the People” as the “most dangerous words in the American Constitution.” Now I understand that he explained exactly what Obama was up to:

We have a deep ambiguity in our own minds when we start to evoke the image of “the people” in dealing with American constitutional law or indeed with any system of governance. . . . Sometimes we treat it as a celebration: “The American people have spoken and have decided x, y, and z ought to be president,” and what they really mean is that 54% of the voters happen to agree with one side and only 46 with the other, and what we do is we create a kind of an illusion of collective unanimity by taking a term like “people” and turning a majority into a total number. And in fact our Constitution does that in one place where I think it’s most misleading and most dangerous. I think the single most dangerous words in the American Constitution in one sense are the words “We the People,” which begin the Preamble. Now you would ask, now why is it that I would take such a negative view with respect to our document, particularly on this occasion? . . . You have to go back and see what the original draft of this particular provision was, and it said, “We the undersigned delegates of the following states,” and then you go through the rest of the thing. What it does in effect in one way is to kind of create this image of sort of coercive unanimity, and that’s the kind of language that you see also when you’re talking about the People’s Republic of China or the People’s Republic of East Germany–or closer to home, the People’s Republic of Cambridge, the People’s Republic of Berkeley–in which what you’re looking at is the notion that if you can get a majority, what you can do is to design and to organize the preferences of everybody. So the aggressive application of “the people” in terms of its ability to create and make law is in my mind a real open invitation to totalitarianism.

Well, then you look at the other uses of the word people in the Constitution, and by detailed and sophisticated empirical techniques I was able to identify four such uses in the Constitution, all of which are contained in the Bill of Rights, one of them having to do with the right of assembly, one of them having to do with the various issues on searches and seizures, and one having to do with the Ninth and Tenth Amendments on reverse power. [The Second Amendment has another.] Well, this is what I call the benign use of the term people . . . because what you are doing is you are saying every individual within the society is going to be protected against the impositions of government so that the people can be secure in their homes. We do not mean by that sentence that all of us live in one giant tepee in which we have various separate rooms and they are going to be protected. What we mean is that each of us have private and individual rights and that each and every one of them should be protected against government. So the defensive use of the term people in the Bill of Rights has a completely different resonance and a completely different tone than the rather offensive use, i.e., attacking use, of the term when it starts to go into the Preamble. And this, of course, had real consequences with the design of the original Constitution because every time you start hearing the term people in the Preamble being invoked, it’s to sort of indicate the direct relationship of individuals to the central government, which necessarily is meant to sort of underplay and degrade the role of the states in the original system. So it’s not as though this is simply a rhetorical flourish without institutional consequences. It surely has those kinds of institutional consequences.

As if to illustrate Professor Epstein’s point, Obama uses the phrase “We the People” five times to create an illusion of collective unanimity about (1) redistributionism, (2) the welfare state, (3) climate change (formerly known as global warming), (4) something opaque and equivocal about the war formerly known as the War on Terror, and (5) certain civil rights movements guided by equality “just as it guided all those men and women, sung and unsung, who left footprints along this great Mall.”

Regarding that last one, he probably did not have in mind the men and women, or their predecessors, who would leave footprints along the Mall a few days later in the fortieth March for Life. And in addressing the illusory collective unanimity on the welfare state, Obama used another of his favorite rhetorical devices, the false choice. Those who say we have to choose between having our cake and eating it too are presenting a false choice, Obama argues. We can have our cake, preserving it for our children, and eat it too, he insists. (Actually, he said, “we reject the belief that America must choose between caring for the generation that built this country and investing in the generation that will build its future,” but it’s the same thing).

The inaugural address refers to “collective action” and shows Obama eager to use it to turn the illusory collective unanimity he claims into coercive unanimity. From the perspective of Obama and his infatuates, the Senate, with its advice and consent duty and its tradition of unlimited debate, is a problem to be “fixed,” for it stands in the way of the will of the people. Happily, that effort was checked on both fronts last week.

It was to be expected, I suppose, that a demagogue par excellence would eventually find the Constitution’s “most misleading and most dangerous” phrase and exploit it to lend legitimacy to his program of undermining liberty and the constitutional structure.

A three-sentence synopsis of America 3.0

A friend asked for a three sentence summary of the book, and this is what I came up with:

America’s greatest days are yet to come. Just as the world of family farms and small businesses, America 1.0, gave way to the industrialized world of big cities, big business, big labor unions and big government, America 2.0, we are now moving into a new world of immense productivity, rapid technological progress, greater scope for individual and family-scale autonomy, and a leaner and strictly limited government. The cultural roots of the American people go back at least fifteen centuries, and make us individualistic, enterprising, and liberty-loving, equipping us to prosper in the upcoming America 3.0.

There is a lot more to it, of course.

You can preorder the book here.

Art of the Remake IX

“When I talk to Loretta, she makes me feel like number one!”

The Nervous Eaters, Loretta (1976)

Classic Boston early punk rock. Rough and satisfying.

Neko Case, Loretta (2004)

A nice (dare I say superior) remake by Miss Case, who has exquisite taste in covers.

(I have always thought the original version sounded like it grew out of a jam based on the Velvet Undergound’s White Light / White Heat. But that is just a guess.)

Tales from The Front (Part III)

Our good friend Gerry from over at LITGM works for a major reseller of outdoor equipment including firearms and is on the “front lines” in this important debate. Here is his story…

In the wake of a senseless tragedy and the residual madness regarding the Second Amendment of the Constitution of the United States I try to find the positive things. It’s not easy if you pay attention to the media but there are plenty of positives to witness first hand while on the front lines.

Good news #1

Ammo is coming in again, that is some good news. The bad news is customers snap it up as soon as it hits the shelves. Even with a ten box limit it disappears fast as if it were being given away. The magazine aisle is still barren. No backorders or rain checks are being issued. The reason is because manufacturers cannot guarantee when they will get it into our supply chain and that goes for firearms as well. Much of it has been wiped off the website. If there is no guarantee from a manufacturer then the company will not disappoint customers with a potentially false promise. Seems like a sound business decision.

Yesterday a man approached me with the usual questions. Any .223 come in? No. Any 5.56 arrive? No. How about PMAG’s? No. What’s going on, when do you expect to get more? Don’t know. Do the delivery trucks come in overnight or during the day? Nobody knows. What is holding up the supply? Manufacturers cannot keep up with the demand. I heard some is coming in today, is that true? I’ll check.

I told him to stick around while I made a personal visit to the warehouse and see. Some ammo came in and was being unloaded off the truck. What was on the pallets was unknown because it is all mixed up and shrink wrapped so there is no way to tell what exactly was in the shipment but I did manage to make out some branded shotshell cases. After my trip to the back I saw the department manager. He told me he heard some 5.56 was in but didn’t know how much and would get back to me when it was unwrapped. I explained that a customer had the shakes for some AR ammo. He said to tell him to come back in an hour or so and even then he did not know how much would be available since it sells instantly.

By this time the man was accompanied by his wife who was pushing a cart with various handgun ammo boxes as I returned to the floor. I told him that yes, some had come in. When I told him it would be in an hour or so I detected that he was getting the shakes. On the floor I refer to these customers as being similar to drug addicts. I see it daily. Folks are so frightened of bans or restrictions or high prices they are taking the lack of availability way too seriously.

He introduced himself as Sam and his wife Jill (not their real names). His shakes were brought on by the fact that he was due in for work in an hour. They discussed their situation in private. My take was they were after a twenty box limit between the two of them. Ten wasn’t enough with him having to leave. He pleaded with me to make it quicker but I explained that it was out of my control.

Going about my business I spotted them an hour later in the archery department looking at crossbows. In another half hour I spotted them walking toward the checkout grasping their twenty boxes of American Eagle 55 grain 5.56 NATO. That’s 200 400 rounds total. They were all smiles as if they just scored an eight ball. We spoke.

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Raise a Glass

Chicagoboyz community member Morgan Norval reminds us that January 22 was the anniversary of the Battle of Rorke’s Drift in 1879 (and immortalized in the famous movie, Zulu).

Morgan adds:

I’ve been to Rorke’s Drift and it was an interesting site. The Lutheran Mission is still there and Isandlwana is a few miles across the river and up the road. Fortunately for the Brits, the Zulus were unfamiliar with the rifles they picked up from Isandlwana as there was bluffs behind looking down on the Brits position at Rorke’s Drift and in the hands of skilled shooters shooting at the defenders would have been like shooting at fish in a barrel. Hollowood did a later move after Zulu called Zulu Dawn which was about the wiping out of the Brit’s regiment at Isandlwana. For one who wants to watch both just flip the sequence and watch Zulu Dawn before Zulu to get the complete historical picture Hollowood style.

(I’ve corrected the spelling of Isandlwana in Morgan’s passage.)