Seth Barrett Tillman: Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington?

Josh Blackman & Seth Barrett Tillman at The Volokh Conspiracy:

For now, it is enough that we point out that the District of Maryland’s five-page rebuke of our brief rests on plain historical error. Moreover, that error was enabled by errors in the Plaintiffs’ briefs. On appeal, the burden remains on the Plaintiffs to show that the District of Maryland, and not President Washington, is the more faithful arbiter of the Emoluments Clauses.

Worth reading.

Summer Rerun: Wolf Among Wolves, by Hans Fallada

Hans Fallada’s novel Little Man, What Now?, which I reviewed  here, impressed me enough to look up some of  Fallada’s other works.  Wolf Among Wolves, was published later than LMWN, but set in an earlier period: 1923, the time of the great Weimar inflation. It tells the story of a collapsing society through the intertwined lives of many characters, who include:

Petra Ledig, a sweet-natured girl from a rough background in Berlin, driven into prostitution by financial desperation. On impulse, she asks one of her clients to take her home with him, and he does. That man is…

Wolfgang Pagel, son of a fairly-well-off but overprotective and controlling motherthe mother being less than thrilled about his relationship with Petra. Wolf supports himself and Petra, in a very marginal way, by working as a professional gambler. One day in Berlin, Wolf meets up again with an old Army acquaintance…

Joachim von Prackwitz, who everyone calls the Rittmeister (cavalry captain). The Rittmeister married the daughter of a major landowner in East Prussia and is now managing a large farm at Neulohe under lease from his father-in-law, who cannot stand him…indeed, the father-in-law does everything he can to make the Rittmeister’s life miserable, including for example scheming to increase his portion of the electric bill from the estate’s shared diesel generator. (This is surely the only novel I’ve read in which depreciation and cost-allocation calculations come into play.) The Rittmeister was known in the Army as a brave if not terribly bright officer and a good comrade, but he is having great difficulty in dealing with the pressures of his civilian life.

Eva, the Rittmeister’s well-balanced and long-suffering wife, is losing confidence in her husband and is very worried about the erratic and mysterious behavior of her daughter Violet, an attractive 15-year-old who has developed a passionate and secret crush on…

The Lieutenant, agent for a group of former military men who are plotting a putsch against the Weimar government

Mr Studmann, another Army friend of Wolf’s, who has been working as front-desk manager for a hotel. He and Wolf are both invited by the Rittmeister to leave Berlin and come help with the running of the farm. Despite his total lack of agricultural experience, Studmann turns out to be a very effective manager, using the skills he developed at the hotel. Eva is drawn to Studmann, seeing in him the stability and rationality that are absent in her husbandand he is VERY attracted to her.

Raeder, a young and deeply weird servant who has an unwholesome sexual attraction toward Violet

One “character” never absent from the story is the mark, the German unit of currency. In fact, the valuation of the mark is mentioned in the very first page of the book:

This is Berlin, Georgenkirchstrasse, third courtyard, fourth floor, July 1923, at six o’clock in the morning. The dollar stands for the moment at 414,000 marks.

(By the end of the period covered in the story, the dollar-to-market conversion rate was a trillion to one.)

A few samples of the writing. Here, a description of Violet’s attraction toward the Lieutenant:

He was quite different from all the men she had yet known. Even if he were an officer, he in no way resembled the officers of the Reichswehr who had asked her to dance at the balls in Ostade and Frankfurt. The latter had always treated her with extreme courtesy; she was always the “young lady” with whom they chatted airily and politely of hunting, horses, and perhaps of the harvest. In Lieutenant Fritz she had as yet discovered no politeness. He had dawdled through the woods with her, chatting away as if she were some ordinary girl; he had taken her arm and held it, and had let it go again, as if this had been no favor…Just because he thought so little of her, because his visits were so short and irregular, just because all his promises were so unreliable…just because he was never polite to her, she had succumbed to him almost without resistance. He was so different. Mystery and adventure hovered around him…Infinite fire, mysterious adventure, a wonderful darkness, in which one may be naked without shame! Poor Mamma, who has never known this! Poor Papaso old with your white temples! For me ever new paths, ever different adventures!

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Context: Trump and William Loeb

Cross-posted at Assistant Village Idiot

I spoke with a somewhat younger friend who has some familiarity with my opinions about controversial topics, but wanted to know more exactly what I thought.  It is a great compliment, and I started answering him over the phone. I was pressed for time and cut it off, but even more than the temporary crunch, I decided I wanted to give answers of some precision.

As soon as one goes down that road, one comes up against “Well, in order for you to understand this, I really have to explain that.” Almost immediately, another that comes along requiring another this. It gets out of control quickly.  But there’s nothing for it. I step back once, I step back further, I step back into the next county. He was asking for some summary, or at least ideas, concerning my evaluation of Trump. That is not possible without context, and I eventually found I had to go back to the 1960’s. I am not fond of Mr. Trump in many ways, but I think there is something necessary about him. If he had not come along now, some equally radical* figure would have had to come instead.  Not the same, but equally disruptive.

My usual style has been an exhaustive, point-by-point argument. While I have sometimes broken such things up into posts I, II, and III, I have more often tried to cram the whole thing into one sustained essay, like a sermon that has gone on too long. I would try to make it more visually comfortable with ********* breaks, photos, headings, and short paragraphs. Let me break this into smaller chunks, and we’ll see what develops. As I head for vacation Saturday afternoon, I may have to leave you hanging.

My hometown newspaper growing up was the Manchester Union Leader, published by the notorious William Loeb. It is hard to describe to someone under the age of 60 what that meant, but for those in NH older than that, Loeb was simply a continuous presence, influencing everyone in the state either to agree or oppose.  He was well-known around the country as well to those who followed politics. All of us who traveled or went to college outside New England had the experience of identifying where we were from and having some guy in the group turn and say William Loeb! as a reflexive response to hearing “Manchester, NH.” His audience grew enormously every first-in-the-nation-primary. (Yes, “melting snowflakes.” “McCarthy is a Skunks’s Skunk.” That guy.)

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Too Pessimistic

The Origins of Our Second Civil War by Victor Davis Hanson.

The first half of this VDH piece seems over-the-top. Would the intermarriage and cultural assimilation that he cites in his next-to-last paragraph be happening if the situation were as bad as he thinks? Or is the country mostly culturally sound but burdened with dysfunctional elites dominating politics, big business, the universities and the media.

This part is good:

Again, Obama most unfortunately redefined race as a white-versus-nonwhite binary, in an attempt to build a new coalition of progressives, on the unspoken assumption that the clingers were destined to slow irrelevance and with them their retrograde and obstructionist ideas. In other words, the Left could win most presidential elections of the future, as Obama did, by writing off the interior and hyping identity politics on the two coasts.
 
The Obama administration hinged on leveraging these sociocultural, political, and economic schisms even further. The split pitted constitutionalism and American exceptionalism and tradition on the one side versus globalist ecumenicalism and citizenry of the world on the other. Of course, older divides — big government, high taxes, redistributionist social-welfare schemes, and mandated equality of result versus limited government, low taxes, free-market individualism, and equality of opportunity — were replayed, but sharpened in these new racial, cultural, and economic landscapes.

The rest of the piece is also good and points out how the country’s situation might improve. “A steady 3 to 4 percent growth in annual GDP” doesn’t seem very far from where we are. University reform seems likely as the public increasingly catches on to the corruption and excessive costs of higher education. Race relations seem to improve when not politicized. Spiritual and religious reawakenings happen every few generations.

Keyboard trash talk and dark speculations about violence and civil war are not the same as actual violence. They might even be safety valves to release transient passions, cautionary tales, for everyone outside of a tiny lunatic minority. (The lunatic minority who are spurred to action by online/media hype are a serious problem, but not mainly a political one except as regards public and hence political unwillingness to force treatment on recalcitrant individuals with severe mental-health issues.)

Today’s political violence is a problem but not one at the level of 1968 much less 1861. Almost all of the action now is in the political realm. There is little reason to expect an intractable impasse on a fundamental issue as in 1850-60 over slavery. There is no substantial constituency favoring civil war as there was in 1861. The modern federal government is huge, profligate and obnoxious, but risk-averse deep-state bureaucrats and crony-capitalist opportunists aren’t going to take physical risks to defend the status quo. The political process still responds to public concerns about governmental overreach, which is probably a large part of why Trump was elected. There is also enough collective memory of the last civil war and its awfulness to discourage enthusiasm for a replay from anyone who is sane.

None of this is to say dire predictions won’t come to pass, but that’s not the way to bet. The country has been through harder times and surmounted them through politics rather than violence. My money’s on the basic soundness of our culture and political system this time as well.