Seth Barrett Tillman: The Supreme Court Temptation

Making a nomination to the Supreme Court to fill the Scalia seat is easy, and it will permit Trump to control the news cycle. Trump will be tempted to make this his first substantial order of business, but it is a temptation to which the future president ought not succumb, even if he risks losing some political popularity while delaying the eventual nomination.

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Seth Barrett Tillman: Why the Anti-Trump Commentariat are not Trusted

A significant part of the commentariat, including the legal professoriate, has again and again stated, with a regularity that belies conviction, that the American public’s choice, the choice between Trump and Clinton, is not a choice, not in the sense of a normal election, but a choice in which one is morally or prudentially impelled to choose Clinton because Trump poses an existential threat to the country. Their position is that to vote for Trump is to put the nation and its people at a profound risk approaching certainty. Why? Because Trump will be dictator-strongman of sorts: one election, one time. Or because Trump will plunge the nation into destructive wars. Or because Trump will wreck the fabric of the economy. Or because Trump will destroy the constitutional order and the rule of law.
 
I am not going to comment on the substance of the anti-Trump message. You have heard it all before, and you have or will very soon make up your own minds whether Trump or Clinton deserves your vote. What I will say here is that the messengers of the anti-Trump message are not believable because their actions (or, more accurately, the lack thereof) do not accord with their message. Moreover, because these messengers are not believable, on balance, I suspect they are helping Trump, not Clinton.
 
[. . .]
 
After the Brexit referendum, Frank Field, a long serving Labour MP, explained why Vote Leave eked out a majority. Too many in the elite told ordinary voters how they must vote and that the alternative was madness, chaos, and anarchy. Adults just don’t take kindly to being told what they must do in a democratic election, particularly from those who are going about their lives just as they always seem to do. The elite’s strategy backfired, or at the very best, it convinced no one. The same may happen in the United States. And if it does, we will know who is responsible for the result.

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Quote of the Day

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.

Outrageous But Not Surprising

If it serves the cause it can’t be illegal.
 

“Trump’s vow to end mutual absolution between parties threatens Democrats”

Some interesting speculations about the Democrats’ motives in the current election:

But once he won, something rather unexpected happened: True to his claim of being a political outsider, Trump broke with an unwritten rule that Republicans and Democrats historically had abided by. Under that understanding, administrations of both parties basically guaranteed implied amnesties for legal breaches to outgoing administrations. The best recent example for this implied agreement was the failure of the Bush Junior administration to pursue any of a number of potential criminal claims against members of the Clinton administration. In other words, any administration that made it through its term without being indicted, was basically assured of no further legal consequences.
 
The knowledge that one just had to survive till the end of an administration, has been at the core of quantitative and qualitative increases in government corruption this country has witnessed in recent decades, and nobody has been better in “surviving” than the last two Democratic administrations of Presidents Clinton and Obama.
 
[. . .]
 
That six days before the election Trump has in national opinion polls pulled even with Clinton, therefore, set off alarm bells among the Democratic elites. The election, suddenly, has become an existential fight for survival, far exceeding the traditional conflict for power and the spoils of power.
 
We, therefore, can expect Clintonians and Democratic party, in cahoots with a majority of major media, in the last few days before the election to initiate a political bloodbath in attempts to derail Donald Trump. The election no longer is about who gains or retains the privileges of power but, as Trump stated, who goes to jail.

Worth reading in full.