Archive for the 'Political Philosophy' Category

If your dispute with Trump and your call for his removal are based on policy (and his language about policy), rather than about discrete factual predicates amounting to legal violations, then you should eschew the language of the criminal law and push forward with debates (in this forum and elsewhere) about the prospective dangers you think Trump is creating or the harms he has already caused. But as I said, the country survived Johnson. To the extent that the argument against Trump is based on his saying stuff you think outrageous, I think the country will survive his talking big. I would also add that Trump has done little (as I see it) which substantially departs from his campaign statements—so a removal based on political disagreement about the expected consequences of policy is not going to be one with a strong democratic justification.
 
Technical point: It may be that deporting foreigners is not a criminal punishment, but exiling/banishing/deporting Americans who are in the country legally would seem to me to amount to a violation of a 14th Amendment liberty interest. This brings up an important cultural divide in America today (and not just in America, but across the Western world). Many of Trump’s supporters see the elites as being indifferent between their fellow citizens and foreigners. I ask you not to prove them correct.

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From A Libertarian Republic to Majoritarian-Totalitarian Democracy: a Summary

The 2016 American Presidential Election

Trust in government fell by almost 80% from the end of the Eisenhower Administration to the end of the Obama Administration. Then Americans endured one of the most divisive and longest two year election campaigns leading up to the 2016 election. Former Democrat turned Republican Donald Trump defeated a field of 17 traditional center-right Republicans to run against traditionally center–left Democratic candidate Hillary Clinton who turned left to defeat her socialist competitor Bernie Sanders in the primary. Sanders correctly argued that the U.S. political system is rigged – more than he knew at the time – but responded by promising his generally young supporters socialism without totalitarianism. The public has endured another two years of divisiveness as the losing party tries to undermine and some would impeach the winner.

Republican nominee and arguably crony capitalist businessman Donald Trump, the son of a crony capitalist housing developer, ran on the paradoxical promise to “drain the swamp.” The faux democratic election of crony capitalist supremo Vladimir Putin in 2011 drew the public reprobation of then U.S. Secretary of State Hillary Clinton, the subsequent Democratic Party nominee. Putin responded with a campaign of not so fake news not to elect Trump – they had the same polls as everybody else – but to expose Clinton as a crony capitalist who also engaged in election-rigging. He hit pay dirt. The faux Russian collusion scandal has since been used to undermine the legitimacy of the Trump Administration.

On the issue of trade there was no difference between the three main candidates – all opposed the new TTP trade agreement. The U.S. trade deficit has been about $500 billion a year during this century, consumption financed mostly with additional debt. Candidate Clinton, who supported China’s entry into the WTO during the Clinton Administration agreed she would if elected renegotiate NAFTA, the trade bill passed at her husband’s initiative. On the related issue of immigration, candidate Clinton voted for the bipartisan Secure Fence Act of 2006, as did then Senators Obama and Schumer.

The Obama Administration had doubled the federal debt outstanding to over $20 trillion – and the unfunded liability is approximately ten times that. President Obama’s Chairman of the Joint Chiefs of Staff publically warned as early as 2010 that the debt was a threat to national security. Candidate Clinton promised she wouldn’t add a penny to the national debt, but her platform had an imbedded $10 trillion increase, less than Sanders to be sure. Candidate Trump promised to eliminate the debt in eight years by increasing economic growth. Clinton’s was a political lie, Trump’s an outlandish campaign promise since going unfulfilled: his appropriations bill contained a $200 billion increase in spending, a Democratic victory for domestic spending in return for Republican defense spending.

Candidate Trump ran against the “deep state” wars and military interventions that candidate Clinton had voted for. But as President, Trump embraced it with overwhelming Democratic support to punish Russia.

Progressivism’s Administrative State

The Democrats’ agenda has arguably fared much better under Trump than Republicans did under Obama. Given these similarities in proposed and actual policies, the subsequent animosity might appear puzzling. But the biggest difference among the candidates relates to the relative roles of the public and private sectors. The U.S. is now governed by an unaccountable patria administrative state: judicial and legislative subsumed in the executive branch and sometimes independent even of that – judge, jury and executioner. The new religion is “science” requiring a faux consensus and leadership by the “experts” as proposed by John Kenneth Galbraith in the New Industrial State (1967) over a half century ago.

Washington, D.C. is a place where self interested deals are made in hotel lobbies and K street offices, but the entire federal bureaucracy sits on a former swamp. Most federal politicians are political swamp people having worked their way up in local and state politics by making political deals for budget and/or tax subsidies and/or regulatory discretion – legal extortion. Candidate Clinton is a self described progressive and candidate Sanders a socialist, the former supports state control of business, the later favors more direct state ownership.

The Berlin Wall fell in 1989, followed by the Soviet Union two years later. In 1995 U.S. President Bill Clinton declared “The era of big government is over.” Britain’s Prime Minister Tony Blair, publishing in a Fabian pamphlet in 1998 argued: “Liberals (classical, i.e., American conservatives) asserted the primacy of individual liberty in the market economy; social democrats promoted social justice with the state as its main agent. There is no necessary conflict between the two, accepting as we now do that state power is one means to achieve our goals, but not the only one and emphatically not an end in itself.” But “the values which have guided progressive politics for more than a century – democracy, liberty, justice, mutual obligation and internationalism” have lead in practice to “state control, high taxation and producer interests (crony capitalism).” By the end of the century a few years after Blair spoke, the market had reached The Commanding Heights of the economy. But a decade later the Obama Administration had put the state back on top, seeking to control not just health care but finance and energy.

Progressivism – like fascism and communism – started with the best of intentions, in opposition to crony capitalism. Social welfare programs were implemented to spread the wealth and provide a safety net, but during the progressive Obama Administration economic growth per capita stagnated. Candidate Trump believed that rolling back the administrative state regulations and the tax on savings and investment as suggested by Blair would restore real private economic growth, the key to managing the public deficit. His Democratic opponents both favored a vast expansion of the administrative state and increases in the tax on capital.

Progressive Internationalism and the New World Order

Progressives supported freer trade even if not reciprocal in the post WW II era because America could still enjoy a balance of trade surplus that could be used to fund investments abroad and a “new world order” of American dominance in a bi-polar world with the Soviet Union and its satellites. The European Union evolved as a mechanism to end European – especially German – “nationalism” in favor of this plan. Two events undercut this agenda of international control through capital flows: the 1960s wars on poverty and Vietnam turned American surpluses into deficits, and the common European currency created a German economic hegemony over Europe. The U.S. today is to China what Greece, Italy, Spain, Portugal and Ireland are to Germany, and that’s not a compliment. Both China and Germany – whose exports equal China’s with only 6% of the population – are mercantilist countries pursuing low wages and consumption domestically so that future generations can live off the debt that finances their over-consuming customers.

Germany understands perhaps better than any country the problem of using foreign debt to finance current consumption as it did to feed a starving population during the interwar years. The excessive debt undermined the fledgling Weimar Republic, giving rise to Hitler. Trumps trade policy appears incoherent, as is much of the criticism. Progressives still argue for globalism and internationalism while conservatives and libertarians are hung up on Ricardian theory of comparative advantage in international trade and the accounting identity of the trade and capital balance.

The problem isn’t global trade per se, but progressive policies that repress national saving and domestic labor and capital productivity while growing the administrative state. National boundaries still matter. In the EU the single currency zone has destabilized previously relatively stable prosperous countries, threatening political and economic collapse. The relationship between the U.S. and China reflects a similar dynamic: the willingness to accept American debt has kept the dollar from falling and trade adjusting. China holds over trillion dollars of debt backed by taxpayers, and was the biggest foreign funder of Fannie Mae and Freddie Mac during the sub-prime lending bubble. Progressives argued that we would grow out of this debt, but simultaneously and inconsistently deny that the failure to grow during the Obama Administration reflected economic repression but “secular stagnation” – that capitalist innovation has run its course. If so, we are doomed when countries attempt to collect.

Thus far the main part of the Trump agenda, the tax reform and regulatory roll back – against universal Democratic opposition and condemnation – appears to be working. Economic growth per capita has picked up, unemployment is the lowest since the turn of the century, and business investment net of depreciation is rising from historic lows. But it is way too early to declare success. China entered the WTO without meeting the minimum requirements for intellectual property protection or reciprocity, a Clinton Administration oversight. Fixing the former should be uncontroversial. Reciprocity insures that the most competitive – not the most subsidized – win. Subsidies may benefit American consumers temporarily, but the dislocations are costly and overconsumption dangerous, the debt leading to contemporary “gunboat diplomacy” to settle debts. A reciprocal tariff is a consumption tax, not irrational to consider under those circumstances.

Progressive efforts to Impeach President Trump: the Totalitarian Administrative State Strikes Back

Yet since the election, some progressive Democrats have been pushing for impeachment on grounds of Russian collusion and obstruction of justice, although no evidence has yet been produced of that after two years of investigation.

One thoughtful progressive commentator dismisses these grounds, arguing that the real grounds for impeachment are the “threats Trumpism poses to democracy and rule of law.” If true, those would indeed be grounds for impeachment but he doesn’t define Trumpism or provide evidence. The many articles in the progressive media can be summarized thus: Trump is tweeting against the administrative state agents that are out to get him.

Libertarians and Republican conservatives have argued that progressives have been undermining liberty and the rule of law for over a century to create the administrative state, obfuscating their agenda by manipulating words to mean the opposite of their historical meaning. Trump’s Court appointments are intended to reverse that trend. Statism is usually associated with one-party faux democracy to prevent state power from turning against the entrenched interests with a change of government. Trump ran against the progressive new world order, arguing to “put America first.” The Democrats didn’t think Trump had any chance to win. This seems the more compelling reason for their impeachment efforts. The anti-Trump organized hysteria bears a marked resemblance to the largely Soros funded Republican and Democratic efforts to ignite the democratic color revolutions in the former Soviet states described by F.William Engdahl in Full Spectrum Dominance: Totalitarian Democracy in the New World Order (2009).

This isn’t about Trump tweets. It’s a battle for the commanding heights.
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Linda Greenhouse, writing about the late federal judge Stephen Reinhardt, also mentions Supreme Court justice William Brennan, and says “Doctrinal purity mattered less to him than extracting even the most gossamer claim to a favorable result.” She evidently sees this as a good thing.

I’m reminded of something written by Sebastian Haffner, who at the time of the Nazi takeover of Germany was a young lawyer working at the Prussian Supreme Court, the Kammergericht:

It was strange to sit in the Kammergericht again, the same courtroom, the same seats, acting as if nothing had happened. The same ushers stood at the doors and ensured, as ever, that the dignity of the court was not disturbed. Even the judges were for the most part the same people. Of course, the Jewish judge was no longer there. He had not even been dismissed. He was an old gentleman and had served under the Kaiser, so he had been moved to an administrative position at some Amtsgericht (lower court). His position on the senate was taken by an open-faced, blond young Amtsgerichtsrat, with glowing cheeks, who did not seem to belong among the grave Kammergerichtsrats…It was whispered that in private the newcomer was something high up in the SS.

The new judge didn’t seem to know much about law, but asserted his points in a “fresh, confident voice.”

We Refendars, who had just passed our exams, exchanged looks while he expounded. At last the president of the senate remarked with perfect politeness, ‘Colleague, could it be that you have overlooked paragraph 816 of the Civil Code?’ At which the new high court judge looked embarrassed…leafed through his copy of the code and then admitted lightly, ‘Oh, yes. Well, then it’s just the other way around.’ Those were the triumphs of the older law.

There were, however, other cases–cases in which the newcomer did not back down…stating that here the paragraph of the law must yield precedence; he would instruct his co-judges that the meaning was more important than the letter of the law…Then, with the gesture of a romantic stage hero, he would insist on some untenable decision. It was piteous to observe the faces of the older Kammergerichtsrats as this went on. They looked at their notes with an expression of indescribable dejection, while their fingers nervously twisted a paper-clip or a piece of blotting paper. They were used to failing candidates for the Assessor examination for spouting the kind of nonsense that was now being presented as the pinnacle of wisdom; but now this nonsense was backed by the full power of the state, by the threat of dismissal for lack of national reliability, loss of livelihood, the concentration camp…They begged for a little understanding for the Civil Code and tried to save what they could.

“The meaning was more important than the letter of the law”…Linda Greenhouse’s approving gloss on Brennan’s judicial strategy is in my view uncomfortably close to the methodology of this newly-assigned Kammergerichtrat. I am not saying, of course, that Greenhouse is a Nazi; I am, however, saying that the judicial interpretation approach that she prefers is highly dangerous.

(I discussed Haffner’s experiences at the Kammergericht, and their relevance to American today, in 2013 at Chicago Boyz, where an interesting comment thread developed)

Also highly dangerous: the attitudes and behavior of those CUNY law students…law students, mind you…who recently tried to shout down a talk being given by law professor Josh Blackman. See also Blackman’s own article about his experience at CUNY.

The mainstream of the Democratic Party and its supporting media has gone very far in the directions of legislation by the judiciary, and is moving rapidly toward the approval of politics by mob action. The prospect of Democratic control of Congress and/or the Presidency…even of Democratic dominance following a crippling of the Trump presidency…should be absolutely terrifying to all who value American institutions.

Haffner’s memoir is an important and well-written document; I reviewed it here.

(The above was also posted at Ricochet, in slightly different form; so far, it is only on the Member feed)

Taleb, Nassim N., Skin in the Game: Hidden Asymmetries in Daily Life. New York City: Random House, 2018.

NB: precisely because I regard Taleb as a national treasure and have considerable respect for his work, I am not going to pull punches here. I get to do this because I have … skin in the game, and not only in Haiti[1] (where I wrote this post over the past ten days, thus the Kreyòl Ayisyen title), but in a couple-three moderately hair-raising situations back in KC, which I will relate when appropriate. Which might be never; see Matthew 6:1-4 (cited by Taleb on page 186).

Getting this out of the way—buy this book, read it, and recommend it to others. I say this very much irrespective of what might be called the Manifold-Taleb delta, which is not altogether trivial, as I will explain in some detail—again, as a sign of respect—below. Immediately below, in fact.

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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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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.

Scott, James C. Against the Grain: A Deep History of the Earliest States. New Haven: Yale University Press, 2017.

Scott has hit another metaphorical grand slam with this one, a worthily disconcerting follow-on to his earlier work. I have previously read (in order of publication, rather than the order in which I encountered them) The Moral Economy of the Peasant, Seeing Like a State, and Two Cheers for Anarchism, and found them congenial. Scott is particularly good at encouraging a non-elite viewpoint deeply skeptical of State power, and in Against the Grain he applies this to the earliest civilizations. Turns out they loom large in our imagination due to the a posteriori distribution of monumental ruins and written records—structures that were often built by slaves and records created almost entirely to facilitate heavy taxation and conscription. Outside of “civilization” were the “barbarians,” who turn out to have simply been those who evaded control by the North Koreas and Venezuelas of their time, rather than the untutored and truculent caricatures of the “civilized” histories.

By these criteria, the United States of America is predominately a barbarian nation. In the order given above:

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The proposition that logic is a universal, is unitary, used to be something of a consensus position. The idea of universal logic was (and remains) very useful. It meant that one could, without any other shared beliefs, have some sort of conversation with anybody and, if constructed correctly, the conversation would progress and lead somewhere.

Communism does not believe in the universality of logic. This is why communism keeps coming back. Logical refutations have no effect because they are constructed with bourgeois logic, something that a priori is rejected by communists as an improper lens for examining communism.

If you don’t care about truth per se and want an indestructible ideology, this weeble like characteristic of not accepting logical refutation is very attractive. This is why ideologies that have no particular opinion on economic class or the proper way to distribute goods and services fall into the communist orbit. Their defects need to be papered over and the communists provide the only available cure for pesky objective, logical examination and refutation.

In a communist country, teaching logic is both a dangerous act and a necessary act. Without any logic at all society collapses. With a well taught, well formed mind schooled in logic, communism is rejected, which means a trip to reeducation or worse.

Yet throughout the communist period, math teachers went and taught their lessons including the concepts of logic and how to apply it to students. Philosophically, they were behind enemy lines and entirely within the power of their enemies while they openly taught a major building intellectual concept that doomed the State.

This is bravery, and almost entirely unrecognized.

(people tend to think of summer as being over after Labor Day, but actually, it extends until the September Equinox, which this year is on September 22)

That Hideous Strength by C. S. Lewis

This was the first thing Mark had been asked to do which he himself, before he did it, clearly knew to be criminal. But the moment of his consent almost escaped his notice; certainly, there was no struggle, no sense of turning a corner. There may have been a time in the world’s history when such moments fully revealed their gravity, with witches prophesying on a blasted heath or visible Rubicons to be crossed. But, for him, it all slipped past in a chatter of laughter, of that intimate laughter between fellow professionals, which of all earthly powers is strongest to make men do very bad things before they are yet, individually, very bad men.

Mark Studdock is a young on-the-make sociologist, a professor at Bracton College, in an English town called Edgestow. He is is far more interested in university politics than in his research or teaching. and as a member of the “progressive element” at the college, he strongly supports Bracton selling a tract of property to a government-sponsored entity called NICE. The NICE is the National Institute for Coordinated Experimentation,which Lewis describes as “the first fruits of that constructive fusion between the state and the laboratory on which so many thoughtful people base their hopes of a better world.”  What excites Mark most about the NICE is this:

The real thing is that this time we’re going to get science applied to social problems and backed by the whole force of the state, just as war has been backed by the whole force of the state in the past.  One hopes, of course, that it’ll find out more than the old freelance science did, but what’s certain is that it can do more.

Trigger Warning: There is something in this book to offend almost everybody.  It contains things that will offend technologists and believers in human progress…social scientists…feminists…academic administrators…bioscience researchers…and surely many other categories of people.  It will probably also offend some Christians, for the way in which Christian theology is mixed with non-Christian magic. By the standards now becoming current in American universities, this book, and even this book review, should be read by no one at all.  But for those who do not accept those standards…

The Basic Story. Mark has recently married Jane, a woman with strong literary interests and with vague plans for getting an advanced degree. She has recently started having disturbing, indeed terrifying, dreams, which suggest that she has a clairvoyant ability to see distant events in real time. Afraid that she is losing her mind, Jane seeks advice, and is told that her dreams are actually visions, they are very real, will not stop, and are of utmost importance:

“Young lady,” said Miss Ironwood, “You do not at all realize the seriousness of this matter. The things you have seen concern something compared with which the happiness, and even the life, of you and me, is of no importance.”

Miss Ironwood warns Jane that extremely evil people will seek to use her gift, and that she would do well–both for her own interests and those of the entire human race–to join the community of which Miss Ironwood is a part, located at a place called St Anne’s. Jane responds quite negatively to the invitation, afraid that membership in the St Anne’s group will limit her autonomy. She is not interested in the dreams’ meaning; she just wants them to go away.

Mark, on the other hand, responds enthusiastically when he is invited to take a position at the NICE, temporarily located at an old manor called Belbury.  One of the first people he meets there is the Head of the Institutional Police, a woman named Miss Hardcastle (picture Janet Napolitano), nicknamed the Fairy, who explains to Mark her theory of crime and punishment:

“Here in the Institute, we’re backing the crusade against Red Tape.”  Mark gathered that, for the Fairy, the police side of the Institute was the really important side…In general, they had already popularized in the press the idea that the Institute should be allowed to experiment pretty largely in the hope of discovering how far humane, remedial treatment could be substituted for the old notion of “retributive” or “vindictive” punishment…The Fairy pointed out that what had hampered every English police force up to date was precisely the idea of deserved punishment. For desert was always finite; you could do so much to the criminal and no more. Remedial treatment, on the other hand, need have no fixed limit; it could go on till it had effected a cure, and those who were carrying it out would decide when that was.  And if cure were humane and desirable, how much more prevention?  Soon anyone who had ever been in the hands of the police at all would come under the control of the NICE; in the end, every citizen.

Another person Mark meets in his first days at Belbury is the acclaimed chemist William Hingest…who has also come down to investigate the possibility of a job at Belbury, has decided against it, and strongly advises Mark to do likewise:

“I came down here because I thought it had something to do with science. Now that I find it’s something more like a political conspiracy, I shall go home. I’m too old for that kind of thing, and if I wanted to join a conspiracy, this one wouldn’t be my choice.”

“You mean, I suppose, that the element of social planning doesn’t appeal to you? I can quite understand that it doesn’t fit in with your work as it does with sciences like Sociology, but–“

“There are no sciences like Sociology. And if I found chemistry beginning to fit in with a secret police run by a middle-aged virago who doesn’t wear corsets and a scheme for taking away his farm and his shop and his children from every Englishman, I’d let chemistry go to the devil and take up gardening again…I happen to believe that you can’t study men, you can only get to know them, which is quite a different thing. Because you study them, you want to make the lower orders govern the country and listen to classical music, which is balderdash. You also want to take away from them everything that makes life worth living and not only from them but from everyone except a parcel of prigs and professors.”

Nevertheless, Mark decides to remain at Belbury, and is drawn ever-deeper into its activities–which, as only those in the innermost circles of that organization realize, are not only consistent with the goals of the 20th-century totalitarianisms, but go considerably beyond them.  The NICE seeks to establish a junction between the powers of modern science and those of ancient magic, accessing the latter by awakening the medieval wizard Merlin and using him for their purposes.  At the same time, Jane–despite her reservations–becomes increasingly involved  with the company at St Anne’s and is entranced with its leader, a Mr Fisher-King. (His name comes from the Wounded King in Arthurian legend.)  The St Anne’s group is aware of the truth about NICE and its ultimate goals, and exists for the primary purpose of opposing and, hopefully, destroying that organization.

I will not here describe the war between the forces of Belbury and those of St Anne’s (in order to avoid spoilers), but will instead comment on the characters of some of the protagonists and some philosophically-significant events in the novel, with appropriate excerpts. Hopefully this will be enough to give a sense of the worldview that Lewis is presenting in this book.

Mark Studdock. His character is largely defined by his strong desire to be a member of the Inner Circle, whatever that inner circle may be in a particular context.  The passage at the start of this review where Mark agrees to engage in criminal activity on Belbury’s behalf is proceeded by this:

After a few evenings Mark ventured to walk into the library on his own; a little uncertain of his reception, yet afraid that if he did not soon assert his right to the entree this modesty might damage him. He knew that the error in either direction is equally fatal.

It was a success. Before he had closed the door behind him all had turned with welcoming faces and Filostrato had said “Ecco ” and the Fairy, “Here’s the very man.” A glow of pleasure passed over Mark’s whole body.

That “glow of pleasure” at being accepted by the Belbury’s Inner Circle (what Mark then thinks is Belbury’s Inner Circle) is strong enough to overcome any moral qualms on Mark’s part about the actions he is being requested to perform.  Lewis has written a great deal elsewhere about the lust for the Inner Circle, which in his view never leads to satisfaction but only to a longing for membership in another, still-more-inner circle. In That Hideous Strength, there are concentric Inner Circles at Belbury, which Mark does penetrate–and each is more sinister than the last.

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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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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.

(Victor Davis Hanson’s recent piece, The Fifth American War, reminded me of this post.  I think it is crucially important to understand that many of those calling for ‘equality’ do not themselves have any interest in being merely equal, any more than Napoleon the Pig did in Orwell’s novel ‘Animal Farm’)

Those people who call themselves “progressives” are talking a lot about equality and inequality these days. And conservatives/libertarians, in response, attempt to explain why “equality of outcomes” is infeasible and unwise.

To a substantial degree, though, they/we are jousting with a phantom. Because leading “progressives” don’t really believe in anything resembling equality—indeed, quite the contrary.

Consider, for example: Many people in “progressive” leadership positions are graduates of the Harvard Law School. Do you think these people want to see a society in which the career, status, and income prospects for an HLS grad are no better than those for a graduate of a lesser-known, lower-status (but still very good) law school? C’mon.

Quite a few “progressive” leaders are members of prominent families. Do you think Teddy Kennedy would have liked to see an environment in which he and certain other members of his family would have had to answer for their actions in the criminal courts in the same way that ordinary individuals would, without benefit from connections, media influence, and expensive lawyers?

The prevalence of “progressivism” among tenured professors is quite high. How many of these professors would be eager to agree to employment conditions in which their job security and employee benefits were no better than those enjoyed by average Americans? How many of them would take a salary cut in order to provide higher incomes for the poorly-paid adjunct professors at their universities? How many would like to see PhD requirements eliminated so that a wider pool of talented and knowledgeable individuals can participate in university teaching?

There are a lot of “progressives” among the graduates of Ivy League universities. How many of them would be in favor of legally eliminating alumni preferences and the influence of “contributions” and have their children considered for admission–or not–on the same basis as everyone else’s kids? Yet an alumni preference is an intergenerational asset in the same way that a small businessman’s store or factory is.

The reality is that “progressivism” is not in any way about equality, it is rather about shifting the distribution of power and wealth in a way that benefits those with certain kinds of educational credentials and certain kinds of connections. And remember, power and connections are always transmutable into wealth. Sometimes that wealth is directly dollar-denominated, as in the millions of dollars that former president Bill Clinton has been paid in speaking fees, or the money made by a former government official who leverages his contacts into an executive job with a “green” energy company–even though he may have minimal knowledge of either energy or business. And sometimes the wealth takes the form of in-kind benefits, like a university president’s mansion. (Those who lived in the old Soviet Union and Eastern Europe can tell you all about in-kind benefits for nominally low-paid officials.) And, almost always, today’s “progressivism” is about the transfer of power from individuals to credentialed “experts” who will coerce or “nudge” people to do with those experts have decided would be best.

To a very substantial extent, the talk about “equality” is a smokescreen, conscious or unconscious, behind which “progressives” pursue their own economic, status, and ego agendas.

Writing in 1969, Peter Drucker–who was born in Austria and had lived in several European countries–wrote about what he saw as a key American economic advantage: the much less-dominant role played by “elite” educational institutions:

One thing it (modern society) cannot afford in education is the “elite institution” which has a monopoly on social standing, on prestige, and on the command positions in society and economy. Oxford and Cambridge are important reasons for the English brain drain. A main reason for the technology gap is the Grande Ecole such as the Ecole Polytechnique or the Ecole Normale. These elite institutions may do a magnificent job of education, but only their graduates normally get into the command positions. Only their faculties “matter.” This restricts and impoverishes the whole society…The Harvard Law School might like to be a Grande Ecole and to claim for its graduates a preferential position. But American society has never been willing to accept this claim…
It is almost impossible to explain to a European that the strength of American higher education lies in this absence of schools for leaders and schools for followers.

The “unwillingness of American society to accept this claim”…the claim of elite education as the primary gateway to power and wealth…has been greatly undercut since Drucker wrote. And “progressives” have been among the main under-cutters and the leading advocates for further movement in that direction.

Related: Paying higher taxes can be very profitable.

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Why has the western world shown such loss of will in defending itself from radical Islamic terrorism? Why, indeed, do substantial numbers of people–particularly those who view themselves as intellectuals–endlessly make excuses for belief systems and terrorist movements whose values are completely at odds with their own stated values–and even romanticize these systems and their followers? I think some clues can be found in a forgotten novel by Arthur Koestler.

The Age of Longing (published in 1950) is set in Paris, “sometime in the 1950s,” in a world in which France–indeed all of western Europe–is facing the very real possibility of a Soviet invasion. Hydie Anderson, the protagonist, is a young American woman living in Paris with her father, a military attache. Hydie was a devout Catholic during her teens, but has lost her faith. She was briefly married, and has had several relationships with men, but in none of them has she found either physical or emotional satisfaction…she describes her life with a phrase from T S Eliot: “frigid purgatorial fires,” and she longs for a sense of connection:

Hydie sipped at her glass. Here was another man living in his own portable glass cage. Most people she knew did. Each one inside a kind of invisible telephone box. They did not talk to you directly but through a wire. Their voices came through distorted and mostly they talked to the wrong number, even when they lay in bed with you. And yet her craving to smash the glass between the cages had come back again. If cafes were the home of those who had lost their country, bed was the sanctuary of those who had lost their faith.

Through her friend Julien DeLattre, Hydie is introduced to a number of Paris intellectuals and and East European emigres. Members of the former group are mostly in denial about the danger of a Soviet attack…many of them have indeed convinced themselves that Communist rule wouldn’t be all that bad. For example, there’s Professor Pontieux (modeled on Sartre)…”He did not believe that the Commonwealth of Freedomloving People had solved all its problems and become an earthly paradise. But it was equally undeniable that it was an expression of History’s groping progress towards a new form of society, when it followed that those who opposed this progres were siding with the forces of reaction and preparing the way for conflict and war–the worst crime against Humanity.” Vardi, another intellectual, says that if he had to choose between the (American) juke box on one hand, and Pravda on another, he isn’t sure which he would pick.

Madame Pontieux, modeled on Simone de Bouvoir (with whom Koestler had a brief affair) is less ambiguous about her choice among the alternatives. “You cannot enter a cafe or a restaurant without finding it full of Americans who behave as if the place belonged to them,” she complains to an American official. When the Russian emigre Leontiev suggests that France would not survive without American military support, pointing out that “nature abhors a vacuum,” she turns on him:

“I am surprised at your moderation, Citizen Leontiev,” Madame Pontieux said sarcastically. “I thought you would tell us that without this young man’s protection the Commonwealth army would at once march to the Atlantic shore.”

“It would,” said Leontiev. “I believed that everyone knew that.”

“I refuse to believe it,” responds Madame Pontieux. “But if choose one must I would a hundred times rather dance to the music of a Balalaika than a juke box.”

(The French intellectuals Koestler knew must have really hated juke boxes!)

Julien is romantically interested in Hydie, but she is not attracted to him, despite the fact that he seems to have much to recommend him–a hero of the French Resistance, wounded in action, and a successful poet. On one occasion, she tells him that she could never sleep with him because they are too similar–“it would be like incest”..on another occasion, though, she tells him that “what I most dislike about you is your attitude of arrogant broken-heartedness.” Parallel to Hydie’s loss of religious faith is Julien’s loss of his secular faith in the creation of a new society. He does not now believe in utopia, or any approximation to same, but he does believe in the need to face reality, however unpleasant it may be. Hydie argues that the Leftists of their acquaintance may be silly, but at least they believe in something:

“Perhaps they believe in a mirage–but isn’t it better to believe in a mirage than to believe in nothing?”

Julien looked at her coldly, almost with contempt:

“Definitely not. Mirages lead people astray. That’s why there are so many skeletons in the desert. Read more history. Its caravan-routes are strewn with the skeletons of people who were thirsting for faith–and their faith made them drink salt water and eat the sand, believing it was the Lord’s Supper.”

At a diplomatic affair, Hydie meets Fedya, a committed Communist who works for the Soviet Embassy. She is powerfully attracted to him: things get physical very quickly and, from Hydie’s point of view, very satisfactorily. (Fedya is one of Koestler’s best-developed characters. His boyhood in Baku is vividly sketched, and Koestler–himself a former Communist–does a good job in showing how a political faith can become core to an individual’s whole personality.)

Read the rest of this entry »

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

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A long essay by the founder of Facebook includes this assertion:

History is the story of how we’ve learned to come together in ever greater numbers — from tribes to cities to nations.

To which Steve Sailer responds:

As we all know, independence and diversity have always been the enemy of progress.

For example, that’s why Thomas Jefferson wrote The Declaration of Dependence submitting the American colonies to the British Empire.

Similarly, the father of history, Herodotus, wrote to celebrate the mighty Persian Empire’s reduction of the various Greek city-states to a satrapy ruled from Babylon.

Likewise, every year Jews gather to admit that their stiff-neckedness provoked the Roman Empire into, rightfully, smashing the Temple in Jerusalem on the holy day of We-Had-It-Coming.

And, of course, who can forget Shakespeare’s plays, such as Philip II and Admiral-Duke of Medina Sidonia, lauding the Spanish Armada for conquering the impudent English and restoring to Canterbury the One True Faith?

Similarly, Oswald Mosley’s prime ministership (1940-1980) of das englische Reich is justly admired for subordinating England’s traditional piratical turbulence to the greater good of Europe.

Likewise, who can not look at the 49 nations currently united by their adherence to the universalist faith of Islam and not see that submission is the road to peace, prosperity, and progress? If only unity had prevailed at Tours in 732 instead of divisiveness. May that great historical wrong be swiftly rectified in the decades to come!

(links via Isegoria)

Zuckerberg’s assertion about history being about “coming together in ever larger numbers”…with the implication that this is inherently in a good thing…is quite reminiscent of the views of Edward Porter Alexander, a Confederate general and later a railroad president…as excerpted in my post What are the limits of the Alexander analysis?

Following his initial snarkiness, Steve Sailer goes on to point out that “consolidation is some times a good thing, and other times independence or decentralization is a better thing. Getting the scale of control right all depends upon the circumstances. It’s usually a very interesting and complicated question that is the central issue of high statesmanship.”

Thoughts?

The current partisan war over the Dodd-Frank Act is just one dispute in a broader ideological divide about the government’s role in industry. This dispute, which has deep historical roots, includes a similar battle over Obamacare. The common disagreement at issue with both laws — now in the cross hairs of a GOP-controlled Washington — is the extent to which politicians should subsidize their constituents indirectly through regulation of private companies.

The Affordable Care Act governing health insurers was about 1,000 pages, and Dodd-Frank governing most other financial institutions was more than twice that. Both stopped short of nationalizing their respective industry, instead generating more than 10 pages of regulation for every one page of legislation, although many view nationalization as an eventual but inevitable consequence, particularly for health care.

The distinction between public control and public ownership is the primary distinction between the competing mid-20th-century ideologies of fascism and communism. In contemporary terminology, this distinction is between crony capitalism and nationalization, neither of which can be reconciled with competition and freedom of choice.
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Edward Porter Alexander, who was Lee’s artillery commander at Gettysburg, became a railroad president after the war. His experiences in running a major transportation system probably had something to do with the evolution of his thoughts regarding state’s rights:

Well that (state’s rights) was the issue of the war; & as we were defeated that right was surrendered & a limit put on state sovereignty. And the South is now entirely satisfied with that result. And the reason of it is very simple. State sovereignty was doubtless a wise political instution for the condition of this vast country in the last century. But the railroad, and the steamboat & the telegraph began to transform things early in this century & have gradually made what may almost be called a new planet of it… Our political institutions have had to change… Briefly we had the right to fight, but our fight was against what might be called a Darwinian development – or an adaptation to changed & changing conditions – so we need not greatly regret defeat.

I think a lot of the belief in unlimited globalization is implicitly driven by an extension of Alexander’s argument, with the jet plane, the container ship, and the Internet taking the place of the railroad, steamboat, and telegraph.

How far does this extension make sense?  If the ability of locomotives could pull trains across the United States in three days meant that full sovereignty for individual states was obsolete, does the ability of jet airplanes to carry passengers and freight anywhere in the world in less than one day similarly imply that full sovereignty for nations is obsolete?

I suspect that most people at this site will not agree with a transportation-based argument for the elimination of national sovereignty.  So, what is valid and what is invalid about Alexander’s analysis, and what are the limits for the extension of its geographical scope?  Discuss.

If the government wants to give money to your organization, that’s a good thing, right?

Here’s a letter to the editor that recently appeared in the Financial Times:

Sir, I was raised in a Catholic orphanage, along with 800 boys and girls, pre-kindergarten through high school. It was established in 1883. I experienced none of the “abuse, neglect and trafficking” JK Rowling talks about (“Rowling shines a light on the false incentives distorting aid”, Gillian Tett, November 19). That is, until the orphanage began accepting funds from the state rather than via charitable donations from religious organisations.

Once government money began flowing in, the orphanage had to adhere to all the latest politically correct modalities then in vogue: no more dormitories, only small “cottages” of 10 with live-in grievance counsellors rather than nuns; no more in-residence classrooms — the kids now had to be bussed to the nearest school; no more football and basketball teams — everybody had to get a trophy; and no more need to work on that 850-acre farm, or to work in the kitchen, in the bakery, in the dairy, in the powerhouse shovelling coal, or in the shoe and carpenter shops — these things would be provided by state subsidies.

Knock on the door of any one of its graduates and you would find that person a veteran of the second world war, the Korean war, Vietnam, the Gulf war, simply working in the corporate world as a productive member of our society. Now, its graduates are wards of the state.

In time, the orphanage dwindled from 800 children to 80 — the rapacious after-effects of public funding. Most recently it became entangled in equal rights abuses, the legal costs absorbing scare funds for upkeep and maintenance, before finally sinking into insolvency and closure. That orphanage out on the Illinois prairie is now surely one of Rowling’s “fairy tales”.

Jeremiah Norris (Hudson Institute)

As Rose Wilder Lane wrote, a long time ago:

Nobody can plan the actions of even a thousand living persons, separately. Anyone attempting to control millions must divide them into classes, and make a plan applying to these classes. But these classes do not exist. No two persons are alike. No two are in the same circumstances; no two have the same abilities; beyond getting the barest necessities of life, no two have the same desires.

She was talking about individuals, but a similar point could be made about organizations.

The people who talk so much about ‘diversity’ rarely seem to understand (or at least to care) that top-down government management is a destroyer, not an enabler, of true diversity.

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…which doesn’t mean what it sounds like it means

Similar points are made in Sarah Hoyt’s post makeup, mate choice, and political philosophy

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.

Home Builders Say Federal Loan Limits Shut Out Many Buyers (WSJ):

One of the hallmarks of the housing recovery has been the historically low level of new-home construction, particularly at lower price points attainable for first-time buyers. Although a wide range of factors are at play, from slow wage growth to higher regulatory costs, builders say the FHA limits in many markets are shutting out potential buyers.
 
The challenge is particularly acute in California, which has the nation’s highest upfront fees for new construction, according to housing-research firm Zelman & Associates. Fees to pay for roads, sewers, schools and other infrastructure in California markets average between $40,000 and $72,000 per home, according to the firm’s research, compared with an average of $2,600 in Houston. [emphasis added]

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Thomas Sowell notes, again, the failure of leftist policies to achieve their intended results:

If the left chooses to believe that government intervention is the answer to such tragedies, that is their right. But, if they expect the rest of us to share that belief, surely they could subject that belief to some empirical test. But we can, however.
 
The 1960s were the triumphant decade of those who wanted government intervention to “solve” what they called “social problems.” How did that work out? What were things like before this social vision triumphed? And what were things like afterwards?

The failures of the Left to correlate cause and effect, even to remember how things used to be, in relation to leftist govt policies are legion. Thus leftists advocate War on Poverty-type programs as antidotes to problems that became worse after the original War on Poverty. Similarly and classically, leftists have favored rent control laws as remedies for housing shortages in cities such as NYC where housing shortages did not exist before rent control. And they defend, or at least have a soft spot for, the Castro dictatorship even though pre-Castro Cuba was relatively much more free and prosperous. It’s difficult to hold leftist views if you see govt policies as subject to empirical validation. In that case you ask the right question: Did things get better or worse after X? But it’s easy to hold such views if you see politics as fashion or a means of engaging in virtue-signalling. Then the question becomes: What are the popular opinions among today’s in-crowd?

Being a follower of clothing fashions is harmless. Being a follower of opinion fashions is personally corrupting and harmful to others, especially as government becomes larger and more intrusive.

Makeup, mate choice, and political philosophy…an interesting piece by Sarah Hoyt.

Historical ignoramuses at American universities.  A professor has been quizzing his students for 11 years concerning their knowledge of some basis fact, and the trend is not positive.

Crybullies at Smith College…a student reports:

During my first days at Smith, I witnessed countless conversations that consisted of one person telling the other that their opinion was wrong. The word “offensive” was almost always included in the reasoning. Within a few short weeks, members of my freshman class had quickly assimilated to this new way of non-thinking. They could soon detect a politically incorrect view and call the person out on their “mistake.” I began to voice my opinion less often to avoid being berated and judged by a community that claims to represent the free expression of ideas. I learned, along with every other student, to walk on eggshells for fear that I may say something “offensive.” That is the social norm here.

The dark art of political intimidation.  A video by Kimberly Strassel.

Excerpt:

I suspect there is no General James Longstreet Prize, and if someone asked me if such a prize should be created, I would say “no”.
 
There is no Rommel Prize, and if someone asked if such a prize should be created, I would say “no”. (And—just to be clear—I am not comparing Longstreet and the Confederacy to Rommel and Nazi Germany.)
 
There is a Sakharov Prize, and if someone had asked me prior to its creation whether it should be created, I hope I would have had the moral clarity to say “no”. There were and there are other people in Europe and elsewhere who this prize could have been named for: persons who were not quite so morally ambiguous. E.g., Average people—people who were not heroic or even particularly bright. Perhaps it could have been called the Ivan Denisovich Prize. It speaks volumes about the modern European zeitgeist that a major prize is named for Sakharov, but the founders of NATO—which protected Europe from Sakharov’s warheads—remain largely unknown. It goes without saying that the American taxpayer who paid for Europe’s defence (and who continues to do so) is entirely lost from sight. Europe’s cosmopolitan transnational elites much prefer believing that the years of peace and plenty were their creation, as opposed to their being the beneficiary of American good will beyond their control.

Seth’s argument is well worth reading in full.

Trump is the first presidential candidate of my lifetime who has been regularly criticized for making public statements conforming to rule of law principles. Part of the confusion in the minds of his many critics arises from simple confirmation bias. But another part comes from an inability of his critics to plainly discuss what they mean by the rule of law. No doubt much of it is simply disagreement with the man’s over-the-top style and his political orientation—but normal disagreement about political principles, absent clear on point evidence, ought not lead to claims that one’s opponent is a threat to the rule of law.
 
So what is the “rule of law”? Unfortunately, there is no simple answer to that query. I well remember my graduation from law school. A thoughtful fellow behind me said, as we waited on line to receive our degrees: “Seth, after three years of law school, as far as I can tell, the rule of law is what a prosecutor says is at risk if he loses a criminal case heard by a jury.” That answer of convenience will not do. Other people fill in the rule of law with all good and noble principles: the rule of law is human rights, separation of powers, democracy, etc. This approach is not helpful either, for even if the virtues of these other principles were contestable, their content and optimal scope remains deeply contested.
 
Without attempting to fully define the rule of law, I will put forward some minimal necessary (but not sufficient) conditions associated with the “rule of law”. A person’s conduct is inconsistent with the rule of law, if he knowingly disobeys established law without seeking a change in the law from the legislature (including referenda where permitted by law) or validation of his specific conduct from the courts. On the other hand, a person’s conduct is consistent with the rule of law, if he obeys the judicial orders of lawfully constituted courts, and if he obeys the rules associated with the conduct of litigation in those courts.*

Read the rest.