Debate: "Should the Declaration inform the Constitution?"

My opinion is that the Declaration of Independence is far more important than the Constitution. The Declaration is permanent, indeed eternal. It speaks of the Creator who endowed human beings with inalienable rights, for one thing. For another, it describes the purpose not only of this or that government but of every possible future government: to secure those rights. 

The Constitution, by contrast, has a beginning and an end. It began as a replacement for an earlier attempt to build a government coherent with the aims of the Declaration, and it will end when the government it created finally fails the Declaration's test. 

That is not the only opinion, however. Barack Obama thinks the Declaration is irrelevant, and that eternal truths are undesirable. 

Barack Obama treats that claim with a certain condescending dismissiveness. “The great thing about America,” he said, “is that our institutions do not rest in any claim to an absolute truth.” With a wink, he says that we all know now that all men are created equal was not really a moral truth. And yet this was important for Obama to denounce the hypocrisy of the Founders, such as Jefferson, Washington, Madison, who owned slaves. But wait, if all men are created equal was not a fact, a moral truth, then there was no moral wrongness in making slaves of other men. Then what was the problem, that the Founders have been inconsistent?

That quote is from an edifying debate hosted by the Federalist Society between Hadley Arkes and Toledo Law School Professor Lee Strang. There's a lot going on in the discussion, but one of the points I think most worth raising is against the idea of positive law as a source of values. If a thing is right and good because the law says so, well, men make the laws and the laws could thus say anything. This is framed as a law school discussion in front of then-Professor Amy Coney Barrett, but it is in fact a debate at least as old as Socrates' feud with Protagoras, or his debate with Euthyphro. 

Censor Our People, "Please"

The White House admits that it is 'flagging' online posts for censorship by technology companies like Facebook. Lawyer Ron Coleman is currently conducting a legal action against such censorship, which he argues is unconstiutional. 

"As recently as 2019, the Supreme Court reasoned 'a private entity can qualify as a state actor,' subject to First Amendment protections, under three circumstances. See Manhattan Community Access Corp. v. Halleck (2019)....

* "'When the private entity performs a traditional, exclusive public function,' see Jackson v. Metropolitan Edison Co. (1974); 

*"'When the government compels the private entity to take a particular action,' see Blum v. Yaretsky, (1982); or

*"'When the government acts jointly with the private entity." See Lugar v. Edmondson Oil Co. (1982)."

This is what the wise guys commenting on this thread - unsurprisingly - seem to not know when they say, "Muh private company"

Ron Coleman was in Philadelphia on November 3rd when Republicans were forcibly kept from performing their legal (indeed mandated by law) poll watching duties. He and his fellows conducted a successful lawsuit that day, obtained a court order, and then had the city government simply ignore it. 

Moon Over Caledon

So I wrote a short story, which will be published in three parts over the next few weeks, for Kindle's new "Vella" serial fiction project. It's clearly inspired by REH's approach to fiction, which I think we could use more of at this time. It's called "Moon Over Caledon," and I think it'll even be free to read -- you only have to pony up 'tokens' on this model if it goes over three parts, which it won't. 

A Mean Old Man

Today the shop called to say that my Jeep was ready. I said I'd be by this afternoon and they said okay, but when I got there the place was closed and locked up. 

Well, hours went by and they didn't come back. Finally this old man came, long white beard, and he got out and was unlocking the door. I went up to the window after he'd gone inside and said that I inferred he must work there since he had keys.

"No, I don't work here," he said. "I own the m*****f*****." 

Well, I said, I'd like to pay to pick up my Jeep. 

"Have you been working out?" he said.

"Not today," I replied.

"How are you going to pick it up then?"

So after a while he agreed to let me come in and pay for the Jeep repairs, and then he showed me the old clutch they'd pulled out of it (which had shattered impressively). This entailed a lot of probing questions from him about whether or not I understood how a clutch works, which I do. I just don't have a lift at home that will reach the bottom of a raised Jeep, and didn't feel like trying to replace the clutch without one. 

I paid him, which required a lot more cussing from him as he tried to work the machinery for the credit card ("I used to could work these things, but they changed it all around"). He cussed his grandchildren who don't answer their phones when he needs them to remind him how to work the machinery. Finally he did figure it out. I got my keys back and was ready to go. 

I stuck out my hand. "What's your name?"

He reached for my hand, answering, "Carl," and I shook his hand firmly. 

He gasped and I let him go. "Sorry!" I said.

"No, that's good!" he replied, eyes wide. "You don't meet a lot of men anymore. I asked if you worked out, but clearly you do. What do you do, bench press?"

So I mentioned Strongman, and he knew all about it, Atlas stone loading and all that. He was very into it. He turned out to be a very cool guy for a mean old man.

Holes in the Dam

The Arizona Senate's audit of the November election in one suspicious county had a preliminary findings report today. There's a lot more to come, but this post summarizes the topline initial findings.

The big number there, 74,243, may be all or in part a clerical error as it comes from comparing a list of ballots sent out to a list of ballots received (as opposed to an actual count). At minimum, it shows incredible sloppiness about whether or not ballots were authentic; more likely, a complete lack of concern about whether the ballots were legitimate. Nobody even cared to check to see if the numbers lined up, or even if they were close.

The 11,326 is really interesting, as they were added to the voter rolls after the election but show as having voted in the election. That's more than enough to have swung the election right there. 

For those of you who watch Tucker, he had some news out of Georgia last night too. They haven't even begun a forensic audit yet, but it's clear that they need one. 

On Wednesday’s edition of Tucker Carlson Tonight, Carlson highlighted proven instances of voter fraud—such as duplicate ballots and falsified vote tally sheets—that granted thousands more votes to President Joe Biden as well as other suspicious and illegal activities.

Carlson also explored an unsolved May break-in at a Fulton County election warehouse, where both private security guards and local law enforcement had been stationed to protect.

“Depending on who you ask, the building contains evidence that either confirms or refutes the claim that voter fraud affected the outcome of the 2020 election in the state of Georgia,” he said.

The warehouse contained more than 140,000 absentee ballots, which have not been examined because “Fulton County officials have refused to let the public see any of these ballots.”

Biden supposedly won Georgia by about 13,000 votes, according to the official tally.

To enter the facility, a burglar would have to move past a “locked, 100lb steel door” and “a maze of motion detectors.”

Someone entered the building “twenty minutes after the deputies in charge of guarding the warehouse left their posts.”

The deputies returned to find an alarm sounding and the 100lb door opened.

Joe Biden himself flew to Pennsylvania this week to beg us, in the name of common decency, not to allow an audit in that state. It's easy to see why. Trump was leading in Pennsylvania on election night by over six hundred thousand votes. He was only ahead in Georgia and Arizona by a little over one hundred thousand. If these margins were overcome by cheating, they needed to cheat a lot harder in Pennsylvania. 

UPDATE:  I warned you that the Georgia Secretary of State was staging up for this play. "Fire those two guys and give us more resources, and everything will be fine." 

No. You, dude, need to be fired too. There needs to be a root and branch audit and a cleansing of the whole structure. You don't get away with claiming this was just a couple of bad apples. It wasn't a set of mistakes or bad decisions. It was intentional fraud, which it was your duty to prevent. You either failed or betrayed that duty. 

UPDATE: "What is this all about?" asks RedState.

There is no mechanism by which Donald Trump could be reinstated as POTUS in the event of proof of massive fraud. While there are many conservatives that hold on to this hope, it is little more than that…hope. Still, the audits are perfectly reasonable and even necessary if the American people are ever expected to move on from this and trust future election results. To avoid the chaos that is currently tearing our nation apart, it only makes sense to make every effort to bring transparency into the elections process.

In an Arizona Senate hearing on the audits, Senator Karen Fann gave an excellent and reasonable explanation as to why these audits matter, and in fact why they are absolutely imperative. Listening to her reasoning, it is hard to imagine anyone taking issue with a process that allows voters to peek at the integrity – or lack thereof – of their own election process.

Fann says these audits aren’t about Trump, they are about transparency and restoring faith in the election process for the American people. She reminded the detractors that “voters are constituents” and they have expressed fear and reservations about vote-counting in their state. As representatives of their constituents, it is literally the state senate’s job to respond to those questions and provide answers, if that is what the people desire. The Senate has the responsibility to ease those fears by proving them wrong or by proving them right and passing laws to prevent such a thing from ever happening again.

It’s hardly radical, but to hear the Democrats tell it, it’s equivalent to a Hitlerian coup.

But stealth was supposed to belong to our side!

Did you know conservative activists cleverly lure politically innocent readers with ordinary conservative tropes punctuated by the occasional outrageous lurch to the right? The dewey-eyed young author of this Guardian article reports the tactic breathlessly, then suggests that leftists might want to try it, too. Welcome to the party, pal!

Depends what your goal was

 From a Maggie's Farm commenter on an article about the "failure" of socialism in Cuba:

[A]ll these government programs that are called "failures" are actually quite successful. The only reason people think they're failures is because they judge the program by [its] stated purpose instead of [its] real purpose, which is to create good-paying jobs for bureaucrats. And, of course, the best way to increase your budget and your staff in a bureaucracy is to fail at your stated purpose.

Harley on Drums

 

93,000 Drug Overdoses

Excess deaths. 

Remora!

Robert E. Howard was right again. 

Wokeness Broke the Navy

Jimbo’s summary of it is succinct, but the whole report is only 23 pages and worth your time. The culture of the Navy is broken, and so are the ships. 

If you want an authoritative opinion, long time Milblogger Commander Salamander has written about the report as well. 

White adjacency

Did you ever imagine, in your youth, that a term like "white adjacency" would be taken seriously and treated respectfully?  I still don't know what it means, other than some reasonable level of socioeconomic success, though I suspect at root it means high IQ.  That's a weird, weird idea to push:  "What's wrong with the world is that things work out better 'systemically' for people who tend to be able to make a good living by some means or another, including intelligence. We really need to find a way to penalize them."

Bee Stings

Democrat Governors Afraid Cuban Desire For Freedom Could Spread To The U.S.

U.S.—As Cubans cry for “freedom”—a common refrain of right-wing radicals— Democrats are starting to worry that this dangerous movement could gain momentum in the U.S. ...

Trump Rows Across Great Lakes In Surprise Attack To Liberate Michigan

Haunted House For Progressives Just Normal Conservative Man's Home Containing Bibles, Guns, And A Copy Of The Constitution

Local Man Would Totally Overthrow Government But Then He’d Have To Get Dressed, Leave House, Ugh

Other States Look To Texas For Advice On How To Get Democrats To Leave

The Babylon Bee Presents: The Top 10 Countries

That last, at least, is worth reading in its entirety. At first, you'll think you see through their ruse, but then ... !

A Train Robbery

Soccer, Irish American Rap, and Other Strange Things

I don't know why the philosophers are involved, but this is pretty much every soccer match I've ever watched:

Musical Interlude -- When I first heard parts of House of Pain's "Jump Around" in the 90s, I thought it was just another gangster rap song, didn't really care for it.

It came around in my life again a few years later in a completely different context, so different that I actually didn't recognize it. Then it dropped out of my life again for a couple of decades.

For some odd reason, it came up on YouTube for me recently and I decided to play it. Turns out there's an Irish American theme to it, which was completely new to me. If you don't like the music (which I can understand), turn it down and just watch the video. With a different sound, it could fit in here.

Other Irish-themed rap tunes on the same album include "Shamrocks and Shenanigans" and "Danny Boy, Danny Boy."

¡Buena suerte, Cubans!

These uprisings always seem to come at times when the United States is led by a Democrat who won't support them; Iran under Obama, and now Cuba under Biden. I hope they're able to make it work on their own. 

They'll have to do. Our ruling class is against the whole idea.

Glen Reynolds "Harsh But Fair" post

 

Don't Walk "Curbside"

Every few years we see another round of stories about how progressive women really wish there was more of that chivalry stuff, whatever it might be. This year's iteration is from the New York Post, which interviews people who are similarly confused.

In a liberal city like New York, swimming with single women wishing they weren’t, one could assume Mark wouldn’t have a problem finding a mate. And while he dates and recently had a couple of short-lived relationships, Mark remains single. He’s trying to understand why.

“I’m really open-minded and cool about gender stuff on dates, but I always feel like I’m walking on eggshells,” Mark told me. “If I pay for dinner, it signals I don’t value my date as my equal so I’m super casual about it all. If she wants to pay or split it or whatever, that’s fine with me.”

I told Mark that, despite his best intentions, his egalitarian dating style could be the problem that’s holding him back. While some women balk at any hint of traditional male gender behavior, more lament the loss of chivalry. I’m one of them. I find it attractive when a man plans our first few dates and knowingly walks curbside when we’re together. It signals he wants to protect me from passing traffic or errant puddle splashes.

“When I was a kid, my mom told me to always walk curbside, but I assumed my generation of women would think it’s too old-fashioned,” Mark told me. “Now, I’m really confused.”

The 'curbside' thing was a modification of an older walking custom that is more appropriate. During the early 20th century, men adopted this 'curbside' stance as a way of presenting themselves as shields from the inevitable puddle splashes when cars came along the muddy roads that the cities often still had. It was charming at the time, but no longer is appropriate. Modern American cities (at least) have reasonable drainage except in serious storms.

Rather, you should resume the ancient fashion of always walking on the right side, whichever way the curb is. This is to keep your swordarm free, in case you need to draw a weapon in defense of the lady. With spiking crime rates in cities across the country, this is of renewed importance. (Occasionally this might be reversed for the left-handed.)

Many now choose to arm themselves with handguns instead of blades, and these days quite a few women arm themselves too. Still, if you want to present yourself as the primary protector, prepare to protect her from the far more serious (and, these days, increasingly probable) threat of violence and crime. 

Get 'em while you can

It probably will put you on a terrorist watch list, but if you still want to own a Lego U.S. Capitol set, better hurry. Amazon claims the manufacturer has discontinued the item, and the price just hit the roof like it was a Dr. Seuss book.

The on/off switch

After the 2020 election, a tweet that caught my eye said something like, "I don't know for sure that the election was stolen, but I know they couldn't have made it look any dirtier if they'd tried."  This thread makes the same point at greater length, and closely approximates my own views.  We're in a new place.

This is profoundly disorienting. Many [election skeptics] don't know for certain whether ballots were faked in November 2020, but they know for absolute certain that the press, the FBI, etc would lie to them if there was. They have every reason to believe that, and it's probably true.

... They always claimed the media had liberal bias, fine, whatever. They still thought the press would admit truth if they were cornered. Now they don't. It's a different thing to watch them invent stories whole cloth in order to destroy regular lives and spark mass violence.

... The reaction of Trump ppl to all this was not, "no fair!" That's how they felt about Romney's "binders of women" in 2012. This is different. Now they see, correctly, that every institution is captured by ppl who will use any means to exclude them from the political process.