Anti-Americanism

Article VI, Clause 2

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Now I am pretty sure that a goodly percentage of the Gentle Readers are looking at the title and going, “What???” A significant number will recognize it as a reference to the Constitution, but to be honest only a limited number of people know that Article I defines the Legislative Branch, Article II the Executive, and Article III the Judicial. Most people are not quite sure about the other Articles.

Let’s cut to the chase. It is the Supremacy Clause:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The reason that states have to obey Federal laws and the Constitution as a whole is specifically because of this clause of the Constitution. That obedience is not optional, conditional, or debatable. If you are part of the United States, you are subject to Federal law and your “feelz” otherwise have no bearing. If you disagree with Federal law, if you want to deny rights under the Constitution, you are out of luck. You can try to change it in court. You can try to have Congress pass a change to the law or repeal it. You can try to amend the Constitution. But the Federal power in the areas where the Constitution grants lawmaking power to the Federal government over-rides anything the States can do.

This is key to the functioning of a free, constitutional republic. If a state, or group of states, can defy the Federal government at will, there is no Federal government. There is no equal justice under the law. And there is, in fact, no rule of law.

This was recognized from the beginning. In Federalist #44 James Madison pointed out that if it was not included, then each state would have functional veto power over the entire country. Without it, the country would not work.

There have been 3 attempts to over-ride or ignore the Supremacy clause and each was aimed at destroying the country.

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Is This Really the Ukraine?

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A few years ago, Timothy Snyder’s Bloodlands was both popular and esteemed. I found it an uncomfortable but powerful read. I mentioned it and two students – a Russian Jewish student whose grandfather had fought in the Russian army, been tortured in one of the Russian purges, but died loyal to Stalin and a student whose ancestors were from those borderlands ordered it. (My mention was cursory; it was after all American lit; both were hungry to know more about the obscure world of their ancestors.) I gave it to a son-in-law, who had heard Snyder discussing it with intensity and even despair. I can remember discussing passages with colleagues in philosophy and history – especially lies spoken and assented to as the truth stood (and died) before their eyes: families starved, Stalin argued, to sabotage Stalin. Snyder’s aim and success was to make that unreal world and its victims live. He eloquently countered the great arrogance of Stalin’s assumption (so often proved true) that a million deaths was merely a statistic. Of course it was futile no one person can make millions live on a page. An intense experience to read, Snyder’s research must have truly looked into the abyss. Today, I tracked references at Chicagoboyz; several praised it. I haven’t read his later works.

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What, if anything, is being done about the rioters in Berkeley and elsewhere?

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It has been frustrating to see what appear to be professional rioters destroying property and injuring innocent people, with no visible attempt to arrest or stop their depredations.

A word should be said on behalf of Berkeley students. I am convinced that the violent rioters were not students from the campus, but were organized outside agitators from off campus that exploited the event. Most students today, even my left-leaning students (I have quite a few in class), were angry about what had happened, as they resented having their protest hijacked by thugs, and the victory it delivered Milo, who is the Kim Kardashian of political theater. Instead of speaking to 500 people in an auditorium last night, he spoke to perhaps 4 million on TV. I think the net present value of the protest to him, in increased book sales and media market value, is at least $1 million—probably considerably more.

That may be comforting to think the riots are driving people to Trump and the political right. But what about the rioters and those supporting them?

The FBI may be investigating the Mayor of Berkeley for supporting the rioters and discouraging police intervention.

U.S. Code 2385:

Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

Will this work ? Maybe we need better intelligence about who these people are.

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Quote of the Day

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J. E. Dyer:

Conservatism itself is paralyzed by the nervous moral fear induced in people by cultural Marxism which has been meant from the beginning to undermine moral confidence at the most basic level. Conservatism’s problem isn’t Donald Trump. Conservatism’s problem is that Donald Trump isn’t paralyzed by the guilt-mongering of cultural Marxism but conservatism is.
 
The answer is not for conservatism to insist that nothing move out there, until we decide what forms of paralysis will continue to suit us. The answer is that conservatives must fearlessly reclaim the necessary social concepts of authority and common expectations, and start producing results.