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    Seth Barrett Tillman: How My Next Academic Article Begins

    Posted by Jonathan on 19th February 2018 (All posts by )

    Since 2008, I have argued in multiple publications that the Foreign Emoluments Clause’s Office-language (and closely similar language in other constitutional provisions) reaches only appointed federal officers, and not any elected federal officials, including the presidency. My position has not gone entirely unnoticed; indeed, it has even occasioned some firm and thoughtful opposition. My goal in this Article is not to illustrate the full spectrum of views opposing my position on the subject. There are far too many such views—many of which contradict one another—many of which (do not appear to) have gone through any sort of independent review process, by student editors, by peer review, or otherwise. Instead, my more modest goal here is to illustrate how deeply idiosyncratic some of these views are—not merely in their conclusions, but more importantly in their broad methodological approach.

    Read the entire post.

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    Posted in History, Law, Politics, Trump | No Comments »

    New! – Your 2018 Poorer-But-Wiser Haiku Blowout

    Posted by Jonathan on 16th February 2018 (All posts by )

     
    hurricane
     
    Minor hurricanes:
    Always worse than expected
    With much long-term harm.

    —-

    She cares not a whit
    About your gearhead hobbies,
    But your words – watch out.

    —-

    Earnings out today.
    They killed volatility.
    Those calls you bought? Ha.

    —-

    Your lawn guy vanished.
    Perhaps he was deported?
    That’s the way to bet.
    Read the rest of this entry »

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    Posted in Poetry | 3 Comments »

    Seth Barrett Tillman: How My Next Academic Paper Ends: The Way Forward

    Posted by Jonathan on 16th February 2018 (All posts by )

    First, the commentators above (along with other commentators) believe their position carries a strong presumption of correctness (if not certitude), that it is my duty to displace that presumption, and that they will be the judges if I have carried that burden. Certainly, I have never agreed to such terms for this debate. Nor should I. The text of the Constitution does not expressly state that the Foreign Emoluments Clause applies to the President. The text of the Constitution does not expressly define the scope of the Constitution’s “Office of Profit or Trust under [the United States]” language. The Supreme Court has had no occasion to address the scope of the clause or the meaning of the clause’s operative language (or even the scope of similar language in other clauses.). As educated generalists who have chosen to recently inject themselves into this debate, their opinions should get a hearing. I would add: so should mine. And since, what is involved here is a debate between opinions lacking firm judicial support, our divergent ideas (and we) meet as equals. I add that the Legal Historians are supporting the plaintiffs in active litigation. Generally, in civil litigation, the burden of proof, production, and persuasion falls on the plaintiff, not on the defendant.
     
    Second, it is time for my intellectual opponents to be fair. Claims that they have made that they know or now know to be incorrect should be withdrawn or revised. Claims that they have made asserting the existence of documentary support, should be supported, and promptly, with actual documents—or else the claims should be withdrawn. If they have to go through this process repeatedly, they might ask themselves if their position (and expertise) is really as strong as they have led themselves and others to believe.
     
    Third, it is time for my intellectual opponents to be forthcoming in regard to an improved debate and debate atmosphere—an atmosphere rooted in mutual respect and goodwill…

    Read the whole thing.

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    Posted in History, Law, Politics, Trump | No Comments »

    Quote of the Day

    Posted by Jonathan on 6th February 2018 (All posts by )

    Theodore Dalrymple:

    But censorship by language reform is not a matter of logic, it is a matter of power. As Humpty Dumpty said, it is a question of who is to be master (if one may still be allowed the word), that’s all.

    Like many things.

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    Posted in Deep Thoughts, Leftism, Political Philosophy, Politics, Quotations, Rhetoric | 1 Comment »

    Josh Blackman and Seth Barrett Tillman: The Emoluments Clauses Litigation, Part 6: Are the Claims Against the President in his Official or Individual Capacity?

    Posted by Jonathan on 6th February 2018 (All posts by )

    Arguments progress:

    On January 25, 2018, Judge Messitte held oral arguments in Greenbelt, Maryland. Blackman attended. The very first question from the bench referenced our amicus briefs, and asked the parties to address whether the Maryland Complaint concerns actions taken in the President’s official or individual capacity. Over the course of nearly five hours of argument time, counsel for the State of Maryland and the District of Columbia maintained that Trump’s receipt of (purported) emoluments concerned his official capacity. But once confronted by skeptical questions from the bench, Plaintiffs volunteered to amend their complaint to bring claims against the President in his individual capacity.
     
    Judge Messitte did not order the Plaintiffs to amend their complaint, but during the hearing, counsel for Plaintiffs represented that they would do so in due course, presumably through a Rule 15 motion. At the hearing, the Justice Department did not indicate that it would oppose such a motion—rather, the Government suggested that it would file a new motion to dismiss. In short, the Maryland action, which had been set either to be dismissed or to proceed onto discovery, now sits in limbo awaiting a Rule 15 motion to amend, a new round of briefing on a motion to dismiss (and possibly in regard to the Rule 15 motion too), and, presumably, a new oral argument on the revised motion to dismiss (and, perhaps, also in regard to the Rule 15 motion). Moreover, all Plaintiffs have to do, to move the litigation into its new “path,” the obvious direction it should always have been in, is to change the Complaint’s caption and the 1-page prayer for relief; yet, it is now more than a week later, and still no amended complaint has been filed.

    Read the whole thing.

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    Posted in History, Law, Politics, Trump | No Comments »

    “This Civil War – My South Carolina Tea Party Convention Speech”

    Posted by Jonathan on 28th January 2018 (All posts by )

    Daniel Greenfield:

    The attacks on Trump show that elections don’t matter to the left.
     
    Republicans can win an election, but they have a major flaw. They’re not leftists.
     
    That’s what the leftist dictatorship looks like.
     
    The left lost Congress. They lost the White House. So what did they do? They began trying to run the country through Federal judges and bureaucrats.
     
    Every time that a Federal judge issues an order saying that the President of the United States can’t scratch his own back without his say so, that’s the civil war.
     
    Our system of government is based on the constitution, but that’s not the system that runs this country.
     
    The left’s system is that any part of government that it runs gets total and unlimited power over the country.
     
    If it’s in the White House, then the president can do anything. And I mean anything. He can have his own amnesty for illegal aliens. He can fine you for not having health insurance. His power is unlimited.
     
    He’s a dictator.
     
    But when Republicans get into the White House, suddenly the President can’t do anything. He isn’t even allowed to undo the illegal alien amnesty that his predecessor illegally invented.
     
    A Democrat in the White House has “discretion” to completely decide every aspect of immigration policy. A Republican doesn’t even have the “discretion” to reverse him.
     
    That’s how the game is played. That’s how our country is run.
     
    [. . .]
     
    The Trump years are going to decide if America survives. When his time in office is done, we’re either going to be California or a free nation once again.

    Read the whole thing.

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    Posted in Big Government, Political Philosophy, Politics, Tea Party, Trump | 15 Comments »

    Shithole Countries

    Posted by Jonathan on 13th January 2018 (All posts by )

    Anecdote of a recent conversation:

    A: Where are you from?

    B: A bad part of Kingston.

    A: What part is that?

    B: All of it.

    Did Trump say “shithole”? It sounds like his typical bombast that enrages people who don’t like him. It also sets a trap for his political opponents by reframing the conversation. The questions whether we should favor immigrants from specific countries and with specific personal qualifications are back in play. Many voters think these questions are important despite the continuing efforts of establishment pols of both parties to stipulate them as beyond the pale. The attempt to conflate the characterizations of countries and of individuals is a rhetorical sleight of hand intended to dismiss doubts about mass-immigration by unskilled people from dysfunctional countries. Ann Althouse nailed this point. The doubts are reasonable — Wouldn’t the French and Germans have been better off heeding such concerns in the recent past? Shutting up people who express such thoughts may be more likely in the long run to lead to an immigration moratorium or other crude measures than to convince the doubters to acquiesce in the admission to the USA of more unvetted young Somali and Central American men.

    What Trump was saying, as ordinary people will understand it, is obviously true: We should encourage immigration based on our country’s needs rather than on the needs of prospective immigrants; we should favor people who are likely to be highly productive; and we should attempt to screen out criminals, terrorists and people who are mainly interested in welfare-state subsidies.

    There are many talented people in Haiti, but as a country Haiti is troubled and unproductive, which is why so many Haitians want to leave. Perhaps Mia Love is bound to criticize Trump based on Trump’s crudeness of expression and reported disrespectful words, but Trump is right. There were good reasons for Congresswoman Love’s family to leave Haiti for the USA. We are lucky to have them, but that’s not the same thing as saying that we should let in every Haitian who wants to come here. We should be more selective and we should reform our immigration bureaucracy to make things easier for the people we want.

    We can expect additional inflammatory stories about Trump’s supposed racism and other character flaws while his negotiations with Congress on immigration continue.

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    Posted in Immigration, Politics, Rhetoric, Trump | 69 Comments »

    Seth Barrett Tillman: The Blue Book & the Foreign Emoluments Clause Cases Against the President: Old Questions Answered

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

    In 1792, the Senate directed President Washington’s Secretary of the Treasury, Alexander Hamilton, to draft a financial statement listing the “emoluments” of “every person holding any civil office or employment under the United States.”[1] Hamilton took more than nine months to draft and submit a response, which spanned some ninety manuscript-sized pages. The report included appointed or administrative personnel in each of the three branches of the federal government, including the Legislative Branch (e.g., the Secretary of the Senate and Clerk of the House and their staffs) and the clerks of the federal courts.[2] But Hamilton’s carefully-worded response did not include the President, Vice President, Senators, or Representatives.[3] The presumptive meaning of this document is that Hamilton accurately responded to the Senate’s precise request: elected officials do not hold office . . . under the United States, and so they were not listed.
     
    Contrary explanations do not hold up…

    Read the rest.

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    Posted in History, Law, Politics, Trump, USA | Comments Off on Seth Barrett Tillman: The Blue Book & the Foreign Emoluments Clause Cases Against the President: Old Questions Answered

    Perspective

    Posted by Jonathan on 30th December 2017 (All posts by )

    things are looking up

    Chicagoboyz travel the world, and their own backyard, seeking new points of view and exploring new ways of seeing, kicking back and gliding silent and unobserved among the hurried masses.

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    Posted in Photos | 4 Comments »

    Holiday Wishes

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

    May all members of the Chicago Boyz community enjoy a very merry Christmas and a happy and healthy 2018.

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    Posted in Holidays | 4 Comments »

    Es Importante

    Posted by Jonathan on 3rd December 2017 (All posts by )

    ES IMPORTANTE

     

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    Posted in Photos | 2 Comments »

    New! – Your Photo-Illustrated Urban Haiku Mini-Slam

    Posted by Jonathan on 15th November 2017 (All posts by )

    zzz bus
     
    New, free, city bus –
    Late, slow, inconvenient route.
    Got what I paid for.

    —-

    In a restaurant,
    Saw cockroach crawling on seat.
    Ignorance was bliss.

    —-

    Weekend night drivers:
    Ten under limit, weaving.
    Better to stay home.

    —-

    Your Chinese toaster –
    Inexpensive, doesn’t work.
    That’s how things are now.

    —-

    (Feel free to add your contributions in the comments.)

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    Posted in Photos, Poetry | 6 Comments »

    What Chicago Boyz Readers Are Reading (June – October 2017)

    Posted by Jonathan on 8th November 2017 (All posts by )

    Below is a list of the books, ebooks, music and videos that Chicago Boyz readers ordered in June, July, August, September and October 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).

    (Note that Amazon recently changed its reporting system and it is not longer practical to include in this list items that were clicked but not purchased.)

    Read the rest of this entry »

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    Posted in Book Notes | Comments Off on What Chicago Boyz Readers Are Reading (June – October 2017)

    Seth Barrett Tillman: The U.S. has a rich tradition of politicians selling memoirs/books while holding elected federal positions…

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

    On Twitter:

    The emoluments suits represent an attack by the elite, master word-smiths, who claim a monopoly on all the positions of state, against a public who, from time-to-time, elects people who don’t live in the world of words and texts. Instead, these people make things and do deals.

    Seth Barrett Tillman Tweet 20171106

    Also: Tales of the Unexplained. From Plaintiff’s Opp’n to the DOJ’s motion to dismiss in the DDC emoluments case. see page 34 n.24: /1

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

    “If we want an intact Iraq, the price of having one without fostering long-term strife across the Middle East is pushing Iran back out of Iraq.”

    Posted by Jonathan on 27th October 2017 (All posts by )

    J.E. Dyer: Turning point: Iran’s influence in Iraq tipping to dominance:

    In 6 years, Iran has dramatically transformed the operational landscape of Mesopotamia and the Levant. For multiple purposes, she now dominates and/or can use territory more than 200 mi. closer to key locations on the Med. coast. She has also built a formidable outpost in Syria and Lebanon.

    A troubling and I suspect accurate analysis. Worth reading in full.

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    Posted in Current Events, History, Iran, Iraq, Israel, Middle East, Military Affairs, Trump, War and Peace | 29 Comments »

    Josh Blackman: DOJ Shifts Position: “The Government Has Not Conceded That POTUS Is Subject to the Foreign Emoluments Clause”

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

    Excerpt:

    As it stands now, there is absolutely nothing that the Plaintiffs and their Amici have submitted to the court to rebut our position that the President is not bound by the Foreign Emoluments Clause. (The Legal Historians did make such a claim, but subsequently withdrew it.) Count I concerning the Foreign Emoluments Clause must be dismissed.

    FTW

    (Via Seth)

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    Posted in History, Law, Politics, Trump | Comments Off on Josh Blackman: DOJ Shifts Position: “The Government Has Not Conceded That POTUS Is Subject to the Foreign Emoluments Clause”