Right Angles to a Unicorn
What is the Constitutional Ground for the DOJ?
And there shall also be appointed a meet person, learned in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be provided.
Attorney General Merrick Garland struck a defiant tone Wednesday in defending the Justice Department as independent of the White House and Congress, but Republicans attacked him repeatedly for the handling of high-profile investigations of Hunter Biden and Donald Trump."Our job is to uphold the rule of law," Garland told the House Judiciary Committee in an uncharacteristically emotional statement....
Garland reminded lawmakers, according to the prepared remarks, that he represents the American people rather than the president or Congress.
“Our job is not to take orders from the President, from Congress, or from anyone else, about who or what to criminally investigate,” Garland said.
That is simply not true. Practically, he acts as if he knows it: he is clearly being guided by political imperatives in his handling of cases both high and low profile. The independence he pretends to is unconstitutional and improper.
Here as elsewhere, I am not suggesting a program of reform but just trying to speak the truth about it. Congress is toothless against the bureaucracy and does not want their power back; the President is a nonentity, and none of his proposed replacements have the necessary virtues either. The DOJ is doing what its leaders please to do, politically: they are indeed functionally independent, exactly as they should never be. The system is broken, and is not capable of fixing itself.
Power Over Nature
Women in the early to late Middle Ages who starved themselves were later worshipped as saints, such as Wilgefortis (meaning strong virgin), Rose of Lima, Orsola Giuliani (known as Saint Veronica Giuliani), and probably most famously, Catherine of Siena. Almost all of these young women stopped eating when their parents were arranging their marriages. Catherine of Siena’s parents were hoping she might marry the widower of Catherine’s adored older sister, who died in childbirth. Catherine was less than thrilled at this idea and starved herself until any thoughts of marriage were moot....The self-denial of Catherine—and the others—was seen as akin to holiness. While it’s tricky to compare eighth- to fifteenth-century women with twenty-first-century ones, the phenomenon of girls and women starving themselves has existed for millennia. And even if Catherine of Siena and Zhanna Samsonova were not classified as suffering from the same syndrome, they both learned that a woman not eating is an effective way for her to seize control when she feels otherwise powerless. All the saints listed above stopped eating at the time their parents were urging them to get married. I paused time by starving and arresting my puberty.Anorexia gave me nothing. All it did was take away my teens and twenties. But for the medieval girls, it gave them enormous power.
Arresting puberty as a means of self-empowerment has obvious parallels with the puberty-blocking drugs sought for teenagers today -- and with the more-permanent surgical options. Also, in the case of women, with birth control and abortion.
All of them are alike in finding power, as they describe it, in being able to deny their nature. This is an odd locution when you think about it. Both "power" and "energy" are usually described as the ability to do work. "Horsepower," for example, is the mechanical ability to lift 550 pounds one foot in one second. Here "power" is being sought by preventing function rather than enabling it.
What sort of power is this? The power of the will over the physical, but what is being willed? It is not to be what one is, not to change, not to have one's body develop and flourish according to its nature; not to marry, not to conceive, not to move from girlhood to womanhood, from womanhood to motherhood.
It is a will to stillness and the absence of change, which is to say that it is a death-wish. It is therefore not surprising to find that it ends in death.
So does life, of course.
Why are the Flags at Half-Mast?
Self-Imposed Limits
"Gandalf as Ring-Lord would have been far worse than Sauron. He would have remained ‘righteous’, but self-righteous. He would have continued to rule and order things for ‘good’, and the benefit of his subjects according to his wisdom (which was and would have remained great). Thus while Sauron multiplied [illegible word] evil, he left ‘good’ clearly distinguishable from it. Gandalf would have made good detestable and seem evil."
-- J. R. R. Tolkien
99 Bottles
I realize it's very early in the workweek for this sort of thing, but I heard it today and it struck me how obvious it was to make this song -- yet no one had ever done it. We all know the old campfire / road-trip classic, and there are plenty of beers out there to sing about, so why not make an elaboration? Someone finally thought to do it, and it's kind of fun.
Two on Philosophy of War
What follows the jump is a brief commentary on a pair of essays on the philosophy of war.
Happy Birthday, Hank
Doing things right
Silly Stuff on a Saturday Night
How often do you think about the Roman empire?
I first saw this internet trend in the Babylon Bee, and was confused:
Man Who Hasn't Thought About The Roman Empire In Over A Week Worried He Might Be Trans
What?
Then, I thought I'd listen to some music on YouTube and there was Brett Cooper, talking about this:
Well, now I (we) know.
So, how often do you think about the Roman empire?
Edward Gibbon comes up in my research from time to time, so once a week or so for me, I guess?
Why Should You Care?
There’s a very short and very brutal poem by the Scottish poet Hollie McNish, written in 2019 and titled “Conversation with an archaeologist”:he said they’d found a brothelon the dig he did last nightI asked him how they knowhe sighed:a pit of babies’ bonesa pit of newborn babies’ bones was how to spot a brothel“It’s true, you know,” said the writer and lawyer Helen Dale when we had lunch in London last year and I mentioned this poem, which I chose as one of the epigraphs to my book The Case Against the Sexual Revolution. Helen was a classicist before she was a lawyer, and as a younger woman she had taken part in archaeological excavations of ancient Roman sites. “First you find the erotic statuary,” she went on, “and then you dig a bit more and you find the male infant skeletons.” Male, of course, because the males were of no use to the keepers of Roman brothels, whereas the female infants born to prostituted women were raised into prostitution themselves.
She of course ties this to our own addiction to abortion, a move she herself describes as "a provocation." I think there's a real division between those to whom the connection is obvious and those to whom it is a provocation. But she is not fully opposed to abortion; as she notes, she might want one herself someday.
What she's really worried about is the end of Christianity's heritage in our moral understanding, including her own:
I’m emotionally and intellectually drawn to Christianity, and—like everyone else—I was raised in a culture suffused with fading Christian morality and symbolism. But I don’t believe, not really.
So if you don't believe, why do you care? I mean the question sincerely: it's worthy of exploration.
One possibility is that it's just a kind of hangover, a product of having grown up in a society that believed certain things, having rubbed up against those things until they were somewhat internalized, and now having the residue of that even though you aren't convicted. If that’s all that’s driving your moral feelings, you might as well abandon them; they were only ever an accident anyway. Nothing hangs on their passage, well, but for some lives of children.
Another possibility is that at least some of the claims of the faith are true: that there is a thing in us that longs for justice, and finds justice outraged by the killing of the innocent to serve the interests of those stronger and bigger than they are. (Even if this is not, as she suggests, 'murder,' noting that both infanticide and abortion almost could not be convicted in court in England or Scotland even while juries were all male and the society much more Christian than presently.)
If there is something true to which you are responding, perhaps others will continue to respond. Even if you don't believe in the whole, you must at least believe some part of that to think it even matters if the morality of the public changes.
She closes with another striking passage, which deserves mention.
What if... we understand the Christian era as a clearing in a forest? The forest is paganism: dark, wild, vigorous, and menacing, but also magical in its way. For two thousand years, Christians pushed the forest back, with burning and hacking, but also with pruning and cultivating, creating a garden in the clearing with a view upward to heaven.
But watch as roots outstretch themselves and new shoots spring up from the ground. The patch of sky recedes. “Paganism has not needed to be reinvented,” writes Steven Smith: It never went away. “In a certain sense, the Western world has arguably always remained more pagan than Christian. In some ways Christianity has been more of a veneer than a substantial reality.””
With no one left to tend the garden, the forest is reclaiming its ground.
Paganism is also a clearing in the forest, though: we know that from the Venerable Bede, who recorded a conversation with a converting pagan on just this point. He likened the passage through life to that of a bird appearing in a fire-lit hall of an evening and flying to the other side. While it was in the hall and visible to others, it was bright and beautiful; but before it came in the hall, and after it left, nothing could be said about it at all. We knew nothing about the bird, as the pagan knows nothing about where the soul is before death or what happens after; the man is only visible for a short space. A clearing in the forest would do exactly as well in this metaphor as the fire-lit hall.
Chesterton transformed that story into a few lines of his famous ballad, in which he characterizes the pagan's worldview even more despairingly than that.
‘For this is a heavy matter,
And the truth is cold to tell;
Do we not know, have we not heard,
The soul is like a lost bird,
The body a broken shell.‘And a man hopes, being ignorant,
Till in white woods apart
He finds at last the lost bird dead;
And a man may still lift up his head
But never more his heart.
Chesterton wasn't quite right about that. The pagan thought of death as a return, of sorts; to the ancestors, or the land of the dead where souls wait to be reborn (perhaps, as in Valhalla, after a destructive turning that causes the whole world to be reborn). Still, a return to paganism doesn't create an escape from the problem; and the question of what, if anything, is owed to the weak and the helpless will remain. The reasons why we care about that are important.
A More Successful Approach
An Inversion of Categories
Via Instapundit, a 'sociological law' (subject to the same limitation as all such 'laws,' which is that they are not laws if they do not apply).
I had a crack at coming up with my own sociological ‘law’ and my first effort went as follows: “The more progressive a country is when it comes to sex and gender, the more authoritarian it is when it comes to speech and language.” I was thinking of Ireland which, having legalised abortion in 2018, is about to impose the most draconian speech restrictions in Europe. I now propose a second law: “^Any group described as privileged is in fact marginalised; and any group described as marginalised is in fact privileged.’
A case in point is white men – and in particular cisgendered, heterosexual, able-bodied, middle-class white men – who are now at the bottom of the intersectional hierarchy of oppression in most professions. But to add to their misery, these poor, benighted souls have to pretend they’re at the top of that self-same pyramid if they’re to retain their jobs, apologising for their ‘privilege’ in front of their more powerful black, female, non-binary, gay and disabled colleagues.
The author is apparently British; he goes on to provide some data backing up that claim.
Some will think I’m being deliberately provocative, so I’ll reel off some facts and figures to illustrate this point with respect to just two groups: men and women. Their relative status is the exact opposite of how it’s usually described, making it the perfect illustration of Young’s Second Law. Some of the stats about just how underprivileged men are probably won’t come as a surprise. We all know boys fare worse than girls at school, one reason 35,000 fewer 18-year-old boys will go to university this month than 18-year-old girls. We also know that men are more likely to be addicted to drugs and alcohol, account for three-quarters of all suicides and almost 90 per cent of the homeless. But did you know men make up 96.2 per cent of Britain’s prison population and are 23 times more likely to die at work than women? Research carried out by the Future Men charity found that 29 per cent of young men feel ignored, which perhaps isn’t surprising given that we have a minister for women and equalities and a women’s health ambassador, but no minister for men.
The figures are similar in the United States, where men are on the order of 90% of the (much larger) prison population, and the majority of suicides; we hear a great deal in our media about the problem of teenage girls' suicidal ideation (which is clearly undesirable) and not much about the fact that teenage males actually kill themselves more. Men are the victims of all forms of violent crime at higher rates, including rape once you include the ubiquitous rape culture of our detestable prison system and it's 90+% male population.
What strikes me often, though, is the cultural blindness attendant to all of this. I got an ad somewhere advising me to read an article about a young singer named Olivia Rodrigo -- perhaps all of you but me know who that is -- who has a new album expressing female rage against the unfair 'expectations' of her society. "The singer-songwriter says “All-American Bitch” is “sort of about that,” and is a song she’s 'very proud of.'"
It's presumptively impolite to suggest that someone's feelings aren't valid, and she has doubtless felt such things at times. Yet it should be striking that such an expression receives not disapproval, but elevation including not only an article in People magazine but purchased internet ads distributing it so far as to have it on my desk, who must be as far from the demographic who listens to her music as is possible to get within America's context. Nor is she a rare exception to a generalized hostility to 'female rage'; the Barbie movie the sociological piece begins with is a billion dollar project; the most famous singer in the world right now, I gather, is one Taylor Swift who, I also gather having not listened to her music, made her name with a series of angry songs about men generalized to men in general. Nor is this in any way new; a generation ago (when I was more likely to hear such music) Alanis Morissette also sang about how "I'm a bitch" and made millions doing it; Tori Amos, who really was a fantastic musician capable of crafting songs of great beauty, sang about almost nothing else than her rage.
What strikes me, again, is the blindness: for decades I've been hearing this talk, and the people who are culturally aligned with it really can't see that it's not true. The world oppresses women, they repeat every year, and it won't allow women to express rage or their true feelings. Yet every year they do so to wild acclaim and success, while living in a society in which they are practically better off by all these demonstrable metrics.
Another one: we always hear about men being paid more per hour than women, and arguments about whether or to what degree that is true; we almost never hear about the fact that, since metrics were kept, women control about 85% of spending decisions. Whoever earns the money, women mostly decide how to spend it, and for that reason they have intense cultural and economic power. Every shopping mall in America has a store or three devoted to more-or-less exclusively female interests like boutiques or pedicure places; you have to go a long way to find a store that's about mostly or exclusively male interests.
Women may still be full of rage, even though they now have a vast amount of power and a significant set of advantages. I suppose they must be if they keep, generation after generation, being willing to shell out such coin to celebrate expressions of their rage. I wonder, though, how much that rage could be addressed if it were possible to have a clear-eyed recognition of their privileged position in much of American and British society; or if, indeed, there is any set of facts that would resolve the rage that arises in the female experience. It may not entirely be a product of the physical facts of the situation; there may be some core of it that is permanent and eternal.
A Tail of Chickens and Snakes
Oliver Anthony Update
Congratulations, Hank
"Beorn’s Honey Cakes"
Rights versus "Public Health"
Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, applauded the governor’s order as a courageous and necessary step to curbing gun violence, even if its legal fate is uncertain.“If it saves one life, then it’s worth doing,” she said.
Normally I try to refrain from calling my opponents stupid, but that rhetoric is not compatible with thought. Here's a humorous video illustrating the point.
Of interest, though, is that the purported excuse granting the governor power to ignore the constitution and basic rights is "public health."
The firearms suspension, classified as an emergency public health order, applies to open and concealed carry in most public places, from city sidewalks to urban recreational parks.
One might give a slippery slope argument here -- at first they're just going after guns which they never thought of as a 'real' right, but if you let this stand they might use 'public health' as an excuse to go after First Amendment rights like religious exercise or Free Speech. One might, except that of course it's the other way around: they started with religious exercise and free speech, as well as freedom of movement and association and other rights.
That was during the COVID period, of course, and although many expect a renewed attempt to restore COVID restrictions in order to -- frankly -- defraud the 2024 election using similar measures to the 2020 one, the circumstances are different. In 2020, COVID was novel virus apparently leaked from a bioweapons lab: we had no natural immunity to it, and no idea how horrible it might prove to be. It was rational to treat it like a genuine emergency. These days, almost everyone has been exposed to COVID and has natural antibodies; there are also, er, treatments available some of which are apparently better than others. It's annoying to have what amounts to a second flu, which will kill a certain number of people every year as the flu does, but it's not an emergency on the same scale as before.
Still, the idea that the COVID emergencies allowed the camel to get its nose into the tent should be alarming. "Public Health" was used as an excuse to limit even the most basic freedoms, by pure executive orders like this one. This was done, and enforced, even in cases like this one where the evidence strongly suggested that the order would have no effect on public health ("wear one of those cloth masks you made at home, or maybe a bandana") or kept in force long after they had proven to have no effect.
There is a reasonable debate -- allied to the general discussion we are having about anarchism and volunteerism -- about whether a government is necessary to address genuine emergencies like the Black Death, and if so what powers it should have for that purpose, for how long, and what limits it should be required to obey even in such an emergency. Actions like this one are well outside the parameters of any such reasonable discussion.
Anarcho-Capitalism in Argentina
[T]he self-described “anarcho-capitalist” made a name for himself by excoriating right-wing politicians for their moderation and quoting obscure paleolibertarians.… Discounting the possibility that ten million Argentines made a midnight conversion to free-market fundamentalism, explanations tend to focus on the fact that Milei’s rebellious image struck a chord with an increasingly disillusioned electorate.…[the] two-party system is coming undone, insists Pryluka, under the weight of decades of inflation and economic stagnation.
If government is the problem, anarchy is certainly a solution. Combining it with free markets may prove difficult, as governments are usually thought to have a key role in protecting property and enforcing contracts. Whether the coercion can be done without is a question with which I am also keenly interested.


