Seth Barrett Tillman: Moving the Overton Window and Student Notes

When you launch a new idea, its very newness puts it outside of the mainstream. Back in 2007, in an academic article, recess appointments were one of the issues du jour. I wrote that if a President made a recess appointment, a determined Senate could kill the appointment by ending its current session and immediately starting a new one (or by doing so twice, in the case of an intra-session recess appointment). See Seth Barrett Tillman, Senate Termination of Presidential Recess Appointments, 101 Nw. U. L. Rev. Colloquy 82 (2007), https://ssrn.com/abstract=956164 (the first part of a four-part Tillman-Kalt exchange).
 
I admit that the idea was a bit novel—but it does follow from the text of the Constitution’s Recess Appointments Clause. One student note called my “innovation[] … at once both plausible and absurd ….” David Frisof, Note, Plausible Absurdities and Practical Formalities: The Recess Appointments Clause in Theory and Practice, 112 Mich. L. Rev. 627, 643 (2014).
 
Two years later, in 2016, what was absurd is now standard fare.
 

All that the [Republican majority] Senate would need to do [to terminate a purported recess appointment by President Obama of Judge Garland to the Supreme Court] is end its next session by adjourning sine die and Garland’s term would end. This is because, under the Constitution’s Recess Appointments Clause, such appointments terminate at the end of the next Senate session. Adjourning sine die would require the cooperation of the House and a president’s signature, but that would be no obstacle come Jan. 20. In other words, Congress could terminate any recess appointment made by Obama in less than three weeks.

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Judith Curry Resigns Her Faculty Position.

The world of Climate research lost a great academic figure as Judith Curry resigns her tenured faculty position at Georgia Tech.

She has figured largely in the climate debate as a skeptic in global warming.

I have retired from Georgia Tech, and I have no intention of seeking another academic or administrative position in a university or government agency. However, I most certainly am not retiring from professional life.

Why did I resign my tenured faculty position?

I’m ‘cashing out’ with 186 published journal articles and two books. The superficial reason is that I want to do other things, and no longer need my university salary. This opens up an opportunity for Georgia Tech to make a new hire (see advert).

The deeper reasons have to do with my growing disenchantment with universities, the academic field of climate science and scientists.

She has endured considerable abuse from the alarmist side. She is called a “heretic” in the alarmist circles.

over the past year or so she has become better known for something that annoys, even infuriates, many of her scientific colleagues. Curry has been engaging actively with the climate change skeptic community, largely by participating on outsider blogs such as Climate Audit, the Air Vent and the Black ¬board. Along the way, she has come to question how climatologists react to those who question the science, no matter how well established it is. Although many of the skeptics recycle critiques that have long since been disproved, others, she believes, bring up valid points

So, she might have a point. However:

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What are the Limits of the Alexander Analysis?

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.

Autos and Disruption

Prior to moving to the West Coast, I had little need for a car because I walked and / or took public transport to work (or a cab if I was lazy, back in the days when you could hail a cab on the street).  Thus I typically invested the minimum amount I could in a reliable car that could fit 4 passengers with a full size trunk and also squeeze into a narrow parking garage.

The cars that “fit the bill” for me were the older model Nissan Altima which I drove for a decade and then a Jetta which I picked up in 2011.  Each of these cars cost about $17,000 “out the door” and contained a reasonable level of equipment (the Altima was my first car with air bags, the Jetta was my first car with ABS and traction control) – they weren’t completely stripped down models with manual transmission, for instance.  These cars have both turned out to be highly reliable autos – and the old Nissan Altima is still driving today, almost 20 years later, as a starter car in my extended family.

The average age of a car on the road today is 11.5 years (nowadays you don’t even have to “link” to sources – Google just brings in the data from Wikipedia as a search response when you ask a common question) and that seems long to me.  For every new car on the road, for instance, there is a late ’90s model still driving to offset it in order to get back to an average of 11.5 years.

My theory today is that the total package of “functionality” or “value” that you could obtain from a new Jetta for $17,000 would be comparable to autos that cost far more for 99% of the scenarios in which you would plausibly use that auto.  These scenarios include 1) commuting to work 2) running errands around town 3) going on a trip and putting luggage in the trunk.

That’s not to say that there aren’t scenarios where it doesn’t make sense to have a more powerful or capable auto.  In Oregon we went to visit a friend who lives up in the hills and I had 4 people in the car and gravel had been newly laid on an uphill slope (which, as it turns out, means that it is very slippery).  As a result our car couldn’t make it up the hill and we slid sideways into a ditch and had to have a friend hook up a rope and give us a pull from their big pickup truck to get us back on the road.  If I lived up there, for instance, then this car would be completely inappropriate.  But that isn’t a common “use case” for my auto.

When you look at the “true cost” of owning an auto, there are a lot of factors to consider, and whole web sites to calculate it in various ways.  Instead, I am going to make the general statement that if you buy a new car at around the $17,000 price point and drive it for perhaps 7-8 years before selling it you are probably going to pay about $150 / month for that car (net of what you receive on resale).

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