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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 »

    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 »

    The Gods of the Copybook Headings are Coming.

    Posted by Michael Kennedy on 7th January 2018 (All posts by )

    There is a poem by Rudyard Kipling, explained by John Derbyshire here, That warns of consequences that will come no matter how much we wish it otherwise.

    Published in October 1919 when the poet was 53 years old, “The Gods of the Copybook Headings” has proved enduringly popular, despite the fact that copybooks disappeared from schoolrooms in Britain and America during, or shortly after, World War 2. A copybook was an exercise book used to practice one’s handwriting in. The pages were blank except for horizontal rulings and a printed specimen of perfect handwriting at the top. You were supposed to copy this specimen all down the page. The specimens were proverbs or quotations, or little commonplace hortatory or admonitory sayings — the ones in the poem illustrate the kind of thing. These were the copybook headings.

    The poem is severe and depressing, as Kipling was when he composed it.

    As it will be in the future, it was at the birth of Man —
    There are only four things certain since Social Progress began: —
    That the Dog returns to his Vomit and the Sow returns to her Mire,
    And the burnt Fool’s bandaged finger goes wabbling back to the Fire;

    And that after this is accomplished, and the brave new world begins
    When all men are paid for existing and no man must pay for his sins,
    As surely as Water will wet us, as surely as Fire will burn,
    The Gods of the Copybook Headings with terror and slaughter return!

    We are now in an era where the rules of civil society seem to have been repealed, or at least violated with impunity.

    Retribution is sure to follow.

    The present Deep State, or “Swamp” if you prefer, seems to be nearing some sort of denouement

    The House Intelligence Committee now has the bank records of Fusion-GPS. They were turned over Friday after a federal judge on Thursday shot-down a last-ditch effort by attorneys from Fusion to get an emergency injunction.

    Chairman Devin Nunes and the House Intelligence Committee now have the records of payments made by Fusion-GPS to “journalists and media companies” during 2016 and early 2017 when Glenn Simpson, Mary Jacoby and Peter Fritsch were shopping the Christopher Steele ‘Russian dossier’ to enhance the “Insurance Policy”.

    I expect to see rats going overboard now on a daily basis.

    Most of the direct (“small group”) FBI (CoIntel), DOJ (NatSec Division) and Special Counsel co-conspirators are only able to talk amid themselves. They know by now they are being monitored and they have strong suspicion the size of the surveillance upon them. [Hi guys.] No-one else is willing to put themselves at risk now. Congressional allies now view the small group as carrying a legal ebola virus. Contact is now a risk.

    I consider Congressman Devin Nunes one of the two heroes of this story. The other is Admiral Mike Rogers.

    Rogers warned Trump that his transition team was under surveillance right after the election. For this the Obama people tried to fire him from his position at NSA.

    Read the rest of this entry »

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    Posted in Elections, Politics, Trump | 10 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

    Entitled

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

    I see by another link on Insty Saturday afternoon that the United Airlines- Sheila Jackson Lee flap has not quite faded away – much as MS Jackson Lee, AKA ‘the Queen’ or ‘Cruella’ Jackson Lee likely wishes it would. I surmise that this bit of congressional bad behavior is still rattling the newshounds and the commentariat for several reasons. The first of these is that ‘Cruella’ is one of the dumber members of Congress. (The honor of the dumbest must go to Hank “Guam Might Tip Over!” Johnson, of whom it might rightfully said – stealing a paraphrase from the late Molly Ivins about another spectacularly dumb career politician – “Lose any more IQ points, and his staff might have to put him in a pot in the corner and water him three times a week.”) But there’s more! ‘Cruella’ Jackson Lee has been acknowledged hands down for many years as the rudest and most abusive boss on Capitol Hill. Read the rest of this entry »

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    Posted in Business, Civil Society, Current Events, Customer Service, Diversions, Human Behavior, Politics | 17 Comments »

    I Am a Barbarian

    Posted by Jay Manifold on 23rd December 2017 (All posts by )

    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:

    Read the rest of this entry »

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    Posted in Americas, Anglosphere, Big Government, Book Notes, Civil Society, Crony Capitalism, Culture, Current Events, Education, Entrepreneurship, History, Immigration, International Affairs, Latin America, Law Enforcement, Libertarianism, Markets and Trading, Military Affairs, National Security, North America, Political Philosophy, Politics, Society, Systems Analysis, Tradeoffs, Transportation, USA | 7 Comments »

    Further Musings prompted by Sgt. Mom

    Posted by Ginny on 7th December 2017 (All posts by )

    Another Minnesotan, whose reputation like Keillor’s is pretty tawdry, seems about to be pushed from the Senate. Well, I am not all that sorry. Franken is reputed to be truly obnoxious. I was appalled by his posturing during the questioning of Gorsuch; his first election was shady. But Minnesotans re-elected him. The willingness of the Senate Democrats to discard him may say something about his general unpleasantness but probably a good deal more about their political calculations – recording preening, virtue signaling statements for use later.

    Given his colleagues’ demands, we might remember the first came from Gillibrand. This is the woman who tied herself firmly to the Clintons, both of whose actions toward women were far more despicable than anything Franken has been charged with; on the other hand, she was quite willing to destroy the accused and comfort the accuser in what turned out (as any mature person expected) a hoax (or delusion) by a drama queen with mental problems, mattress babe. She dealt cynically and opportunistically with a girl who needed counseling a good deal more than a seat at Obama’s “State of the Union” address.
    Read the rest of this entry »

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    Posted in Bioethics, Civil Society, Current Events, Human Behavior, Politics | 24 Comments »

    The Attempted Trump Coup

    Posted by Michael Kennedy on 4th December 2017 (All posts by )

    I am usually not interested in conspiracy theories but the present circumstances make me suspicious.

    First, Hillary launched and persists in supporting a movement that refuses to accept the election result.

    Hillary Clinton rallied the opposition Friday with a videotaped message urging “resistance plus persistence” that she delivered via President Donald Trump’s favorite form of communication — Twitter.

    “The challenges we face as a party and a country are real,” a smiling Clinton said. “So now more than ever, we need to stay engaged in the field and online, reaching out to new voters, young people and everyone who wants a better, stronger, fairer America.”

    This could be acceptable if it was only rallying the troops for next year. That is not all that is happening.

    First, we have the Russia conspiracy theory.

    Last year, before the election, a “Dossier” was assembled with the aid of a British former agent and a company formed by several former reporters called “Fusion GPS”

    Russia may have been trying to undermine Trump. And it may have done so in collusion with the Democrats. The Wall Street Journal‘s Kimberly Strassel noted Thursday that Fusion GPS has ties to the Democrats — and will not reveal who paid it for the dossier. Strassel asked: “What if it was the Democratic National Committee or Hillary Clinton’s campaign?” The money could have passed through intermediaries, she added.

    That means the real story of collusion in the 2016 election could be that Democrats were working with Russia. And that would make sense, given their long history of appeasing the Russians, under both Clinton and Barack Obama.

    It appears that Fusion GPS may have paid reporters in addition to providing the ludicrous “Dossier” for their titillation with anti-Trump myths.

    Secondly it appears that the FBI used the Fusion GPS “dossier” to seek warrants from the secret court for FISA.

    Read the rest of this entry »

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    Posted in Current Events, Elections, Miscellaneous, Politics | 40 Comments »

    Discursive Comments Suggested by the Sex life of Judge Moore

    Posted by Ginny on 12th November 2017 (All posts by )

    Sexual predation is real but the potential for another day care scandal – ask the Duke lacrosse team or the frat at Virginia – lies in he said/she said incidents with a political or sexual factor. Accusations encourage prurience and self-righteousness. But often neither the he nor the she lies; if children are vulnerable to suggestion, no less are adults whose perspective from forty years is hazy. We all like plots and prefer to see our selves more positively than others might. Deviations from a truth unknowable today are less rhetorical tricks than a natural desire to create favorable narratives.
    Read the rest of this entry »

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    Posted in Current Events, Feminism, Human Behavior, Media, Politics | 30 Comments »

    America’s Principal-Agent Problem

    Posted by Michael Kennedy on 10th November 2017 (All posts by )

    Instapundit frequently links to another story of government incompetence with the comment “We have the worst ruling class in our history.”

    There are so many examples, it is hard to list them but I will try with a few.

    First, let’s have a definition.

    The principal–agent problem, in political science and economics, (also known as agency dilemma or the agency problem) occurs when one person or entity (the “agent”) is able to make decisions on behalf of, or that impact, another person or entity: the “principal”.[1] This dilemma exists in circumstances where agents are motivated to act in their own best interests, which are contrary to those of their principals, and is an example of moral hazard.

    The Founders were well aware of this problem and tried to protect the citizens with certain provisions of the Constitution.

    No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

    This provision was violated by Barack Obama who spent billions to subsidize insurance companies to support his “Affordable Care Act” which was not successful.

    Of course, the Amendments were intended to protect the rights of the people but the one that has been ignored for 100 years is the Tenth.

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    The Civil War largely ended Federalism.

    Read the rest of this entry »

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    Posted in Big Government, Civil Society, Elections, Politics | 23 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”

    History Weekend: Revisiting “Atomic Diplomacy,” the “Million Casualty Lie,” and Casualty Planning for the Invasion of Japan

    Posted by Trent Telenko on 13th October 2017 (All posts by )

    When I wrote my Sept 2nd column “Happy VJ-Day, Plus 72 Years,” last month, it was with the intent to show a couple of things.  First, that “Atomic Diplomacy” — the belief that USA dropped the Atomic Bomb on Japan to intimidate the Soviet Union at the beginning of the Cold War — was a Leftist identity based belief system unsupported by the real historical record.  And second, that it’s genesis was due to the lies and cover up of those lies by a generation of high level US national security bureaucrats like Paul Nitze and WW2 generation flag rank politicians for decades after World War II.

    This column will expand on that second point by revisiting “Atomic Diplomacy,” the “Million Casualty Lie” founding myth that it pushed and recent research finds by research partner Ryan Crierie and I had on the War Department casualty planning for the Invasion of Japan.

    In addition to the lies of Paul Nitze so well laid out by Paul Newman’s various books, which my last VJ-Day column dealt with, there was in fact a great deal of lying about the American casualties and the Atomic bomb.  It was a “Million Casualty Lie,”  but the Atomic Diplomacy Historical Revisionists got the lie vector 180 degrees wrong.

    The Post War American military, and General Marshall in particular, was in fact hiding a much bigger casualty number for the conquest of Japan and the destruction of the Imperial Japanese military.  And they had been hiding it from public view since July 1944.

    The following will show that the War Department planning process is where these lies were born during the war,  where these institutional lies were spread from and the how/why/who kept these lies going in the decades afterwards.

    Chart 2. War Plans Division, War Department General Staff: 21 December 1941

    Source: OPD 312, 105

    Figure 1 — War Plans Division, War Department General Staff: 21 December 1941.  A simple organizational chart reflecting inadequate planning for a global war.

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    Posted in Book Notes, History, Military Affairs, Politics, War and Peace | 27 Comments »

    Hollywood Babylon 2.1

    Posted by Sgt. Mom on 11th October 2017 (All posts by )

    Accustomed as I am to contemplating matters more serious than the doings of the denizens of Hollywood, I can’t keep away from the current spectacle regarding the casting out of Harvey “Jabba the Hutt” Weinstein from all polite (hah!) Hollywood and Democrat political society, where once he strode like an unstoppable behemoth. (How seriously can you take a guy who cannot either grow a decent and serious beard, or learn to use a razor. Really.) It’s like one of those horrific multi-vehicle pile-ups on the internet super-highway, which leave vehicles teetering, smoking and crunched together in improbable formations – and all us normals out in Flyoverlandia left thinking thoughts along the lines of “what brought all that on?” and “he did what … in a potted plant?” or meditating upon the ghastly nature of the mass entertainment business, especially when it climbs into the sack with politicians, and begins the calculated roughing up of the establishment news media. Read the rest of this entry »

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    Posted in Current Events, Feminism, Media, Politics | 15 Comments »

    Harvey Weinstein journalism tip

    Posted by TM Lutas on 11th October 2017 (All posts by )

    Dear journalists, here’s the link to Harvey Weinstein’s IMDB page. For every entry, there are potential questions you could be asking. The man has 331 production credits, 79 credits where he plays himself, and 34 movies which offered screen thanks to the man.

    For example, Piers Morgan used HW as a guest host multiple times over the course of four years. Did he behave himself? Call up each and every one of those 34 movies and ask for comment on HW’s situation and ask if any new prints will continue to offer him thanks.

    The opportunities just go on and on and on. All from one single web page, and I gave the link.

    You’re welcome.

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    Posted in Leftism, Media, Politics | 13 Comments »

    Seth Barrett Tillman: Tillman Responds to the Legal Historians Amicus Brief in CREW v. Trump Emoluments Case

    Posted by Jonathan on 20th September 2017 (All posts by )

    From the post:

    I stand entirely behind the above footnote: behind every sentence, every phrase, every word, and every syllable. I have made no mistake, intentional or inadvertent. I retract nothing, and I do not intend to retract anything.
     
    Recently, my amicus brief and scholarship has been criticized by the Legal Historians Brief, other academics, some litigators, and by the press. Here I respond. This document is my declaration submitted as an exhibit to a motion responding to the Legal Historians Brief.

    See also the comment by Glenn Reynolds here.

    My money’s on Seth.

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

    Iconoclasm

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

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

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

    Watching this video is a good example of the trend.

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

    And today the Lincoln Memorial was vandalized.

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

    The Wikipedia article lists many such outbreaks.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    UPDATE:

    TThat didn’t take long!

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

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

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

    President Trump is a pretty smart cookie!

    But it didn’t even take a week.

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

    We have a whole damn state named after Washington!

    That has to change.

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

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

    And all those statues! Take ’em down!

    That will help to bring about healing.

    Stand by.

    UPDATE 2:

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

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

    “ObamaCare Fines Nailed The Working Class In 2017 And Other Unpopular Truths”

    Posted by Jonathan on 29th July 2017 (All posts by )

    Investor’s Business Daily:

    Preliminary data from the 2017 tax season are in, and they’re shocking. Not only does it look like the working class bore the brunt of ObamaCare individual mandate penalties this year, but people with relatively modest incomes apparently paid a lot more than the Congressional Budget Office anticipated.
     
    [. . .]
     
    The 2017 tax data offer new evidence that there’s much to be gained by moving away from the individual mandate and much to lose by sticking with it. Tax returns that had been processed as of April 27 included 4 million that paid ObamaCare fines (officially known as individual shared responsibility payments), with an average payment of $708.
     
    What is striking about the data is that the average payment is barely higher than the minimum payment of $695. Since people were required to pay the greater of $695 or 2.5% of taxable income above the filing threshold ($10,350 in 2017), one takeaway is that most of the $2.8 billion in fines paid through April appear to have come from people with modest to moderate incomes. As a frame of reference, CBO’s 2014 analysis implied that the average mandate payment for this tax season would be roughly $1,075 and that the total amount paid by people earning up to three times the poverty level would barely exceed $1 billion.

    There is much more interesting information in the article. Worth reading in full.

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    Posted in Big Government, Economics & Finance, Health Care, Obama, Politics | 19 Comments »

    The Pause

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

    Since Trump was elected it seems that anyone I’m speaking with who wants to bring politics into a conversation, and who doesn’t know me well, and who (I’m guessing) doesn’t like Trump, will make a remark about “these days” or “the situation” or something along those lines, and expect to continue (or not) the conversation in a political direction based on my response. At least that’s how it seems to me in my purplish part of the country. I don’t react when this happens. There may be a brief pause in the conversation. We continue with our nonpolitical topic or move on to another one.

    I’d bet that many of the readers of this blog have had similar experiences. My question is whether this type of experience is the inverse of what politically left-of-center people experienced when Obama was president. Is it?

    Discuss.

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    Posted in Current Events, Deep Thoughts, Leftism, Obama, Politics, Society, Trump | 11 Comments »

    Jordan Peterson: 12 Principles for a 21st Century Conservatism

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

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

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

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

    If two hours is too much here are shorter snippets:

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

    Stop saying things that make you weak.

    Proven differences between men and women.

    Go out and make something of yourself.

    The temptation of victim identity.

    Clean your room.

    Peterson on starting an online humanities university.

    The twelve principles from the video are as follows:

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

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

    Internal Secession ?

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

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

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

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

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

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

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

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

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

    Richard Fernandez has some thoughts on where this might go.

    Internal secession.

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

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

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

    Ask Brenden Eich.

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

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

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

    Read the rest of this entry »

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

    Seth Barrett Tillman: A Response To Jane Chong’s Reading the Office of Legal Counsel on Emoluments: Do Super-Rich Presidents Get a Pass?

    Posted by Jonathan on 11th July 2017 (All posts by )

    Once this error is noticed, the rest of Chong’s analysis falls apart. Chong can point to other language in Hoyt using “emolument of office.” It is there, and she takes it to mean that “emolument” can be used in a context unrelated to “office” and other employment-like relationships. But she offers nothing akin to proof for that bold claim. It is conceivable that the Hoyt Court added “of office” language to “emolument” because it believed that there were “emoluments” which were unrelated to office, but it is also possible that the Hoyt Court thought all “emoluments” were tied to office-and-employment-type relationships. Without her initial misreading of Hoyt or any other substantial reason to believe the former, the rest of her analysis makes no sense.

    Read the full text of Seth’s post.

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    Posted in Law, Politics, Trump | 5 Comments »