|Common Sense Junction|
|Lawyer-ly Blog Headlines|
PolitiFact Lie of the Year for 2013: Obama’s 2009 Statement “If You Like Your Health Care Plan, You Can Keep It”
→ Patterico's Pontifications | 13 Dec 2013 | 8:31 am MSTNice job, fellas. You’re only about four years late. But wait a second: PolitiFact? Aren’t they the people who previously told us that this exact same statement was “half true”? Why, yes they were! Half-true http://t.co/pAQm1Kxhng Half-true http://t.co/ZDGkwIrMTH LIE OF THE YEAR http://t.co/39lSfZHQFD — Lachlan Markay (@lachlan) December 12, 2013 Let’s go to the historical record, shall [...]
→ Le·gal In·sur·rec·tion | 13 Dec 2013 | 8:30 am MSTThe murder trial of two Islamic radicals who hacked British soldier Lee Rigby to death on the street continues. We noted how the murderer pictured in so many of the newpaper covers holding a bloody machete argued in his defense
→ Patterico's Pontifications | 13 Dec 2013 | 8:20 am MSTMegyn Kelly recently told viewers that Jesus and Santa Claus are white, and this sparked a great national controversy because something something I don’t even know how to finish this sentence. If you forgot who Megyn Kelly is, here is a reminder: Anyway, Allahpundit wrote about this, because hey, blog traffic! and did his usual [...]
→ Althouse | 13 Dec 2013 | 8:13 am MSTA term for "the mental changes that we undergo when we wear certain clothing."
"It’s all about the symbolic meaning that you associate with a particular item of clothing," [Northwestern researcher Hajo] Adam said. And he thinks the study’s results can be applied to many more fields, including activewear and fitness. "I think it would make sense that when you wear athletic clothing, you become more active and more likely to go to the gym and work out."The linked article is almost entirely about athletic clothing, and there's almost nothing about the researchers' study and the term "enclothed cognition" which amused me enough to start this post. The insight seems so obvious — dressing the part will help you play the part — that it seems funny to have a term for it.
What I think would be fun to talk about is articles of clothing that you have used to alter your perceptions. And have you rejected items of clothing that you thought would skew your perceptions in ways you didn't like? Remember to exclude the idea of how others perceive you and how their response to you will affect you. It's just you. You and that item of clothing. Like this:
ADDED: Here's an Amazon link to a page where you can buy a nice porkpie hat, like the one Walter White uses to achieve enclothed cognition in "Breaking Bad." I searched only for "porkpie hat" and did not mention anything more "Breaking Bad"-related than that, but the Amazon page showed not only other elements for a Walter White costume (jacket, glasses, yellow coveralls) but also packets of blue raspberry rock candy.
→ JustOneMinute | 13 Dec 2013 | 7:21 am MSTThank heaven for science: In Food Cravings, Sugar Trumps Fat What makes a milkshake so irresistible? Is it the sweet flavor that our taste buds are after? Or the smooth and creamy texture? Or perhaps it is the copious blend...
→ Althouse | 13 Dec 2013 | 7:19 am MSTFor some reason — ratings? — Megyn Kelly was on Fox News arguing with some lady who thought Santa Claus should no longer be depicted as a white man. Sorry, I'm not going to figure out the whole context of that proposal, but at some point Kelly emitted the following quote:
"Just because it makes you feel uncomfortable doesn't mean it has to change," Kelly said. "Jesus was a white man, too. It's like we have, he's a historical figure that's a verifiable fact, as is Santa, I just want kids to know that. How do you revise it in the middle of the legacy in the story and change Santa from white to black?"Well, that's silly, perhaps, but she's got a guest on the show who needs to be prodded with questions. And the assertion that Santa is a historical figure is jocose for adults, a sop for the kids. The question is simply the usual conservative appeal to tradition: Why change anything? There's a reference to the reason for the change: It makes some people "uncomfortable." Is that a good enough reason for changing something we've done for a long time? This is the same way you could bandy about the question whether the Washington Redskins ought to change their name. It's standard fare for the Fox News crowd.
So here comes Jonathan Merritt in The Atlantic, turning that nugget o' Fox into something that Atlantic readers might find tasty. Hey, everybody, some idiot on Fox News said something stupid.
Setting aside the ridiculousness of creating rigidly racial depictions of a fictitious character that does not actually exist—sorry, kids—like Santa, Kelly has made a more serious error about Jesus. The scholarly consensus is actually that Jesus was, like most first-century Jews, probably a dark-skinned man. If he were taking the red-eye flight from San Francisco to New York today, Jesus might be profiled for additional security screening by TSA.Kelly didn't demand "rigidly racial depictions." She was challenging her guest's attempt to turn the usual image of Santa into a racial problem. It's the guest who's yearning to impose the racial template. What's the "serious error" about Santa that Kelly is supposed to have made? None! But she made a "more serious error about Jesus," and I guess any error is a more serious error than no error.
What's the error? Merritt informs us that Jesus, being a first-century Jew, probably had dark skin. Jews are not white? One ceases to be white if one's skin is sufficiently dark? It may be silly to use the term "white" to label people by race, but white is a big category, and it includes a pretty broad spectrum of skin colors, such as, for example, the "white Hispanic" George Zimmerman. Maybe we should call Jesus a "white Semitic" to heighten the awareness of the subcategories of whiteness. Is that what Jonathan Merritt requires to avoid falling into "serious error"? Megyn Kelly was arguing for less racialism, and Merritt is arguing for more.
Merritt also casually implies that the TSA engages in racial profiling of those who look Semitic. It's a scurrilous charge, but, hey, it's a joke.
The myth of a white Jesus is one with deep roots throughout Christian history. As early as the Middle Ages and particularly during the Renaissance, popular Western artists depicted Jesus as a white man, often with blue eyes and blondish hair.Yeah, but Megyn Kelly didn't say Jesus had blond hair and blue eyes. Merritt's line is more erroneous, wafting the notion that white people must have light coloring. I'd say there are a lot more white people with dark eyes and dark hair than with blue eyes and blond (or "blondish") hair. So this is a completely screwy attack on Megyn Kelly, and it's actually pretty offensive to go out of your way to say that persons of Semitic ancestry are not white. Why go where Nazis have gone? What's the attraction? Because it's just so important to portray Fox News folk as idiots?
Perhaps fueled by some Biblical verses correlating lightness with purity and righteousness and darkness with sin and evil, these images sought to craft a sterile Son of God....Now, you are way outside of anything having to do with Megyn Kelly. This sounds like some lesson from a fourth-rate racial studies course. And by the way, Merritt, that writing is terrible. The subject of your sentence is "images," and images don't seek to do anything. Images are inanimate objects. And how do you "craft" Jesus? Human beings do the seeking and crafting. And the images are crafted. The images are of Jesus. A person might craft a sterile image of Jesus. But an image can't craft — or even seek to craft — a sterile Jesus.
And we're subjected to the usual tripe about light and darkness — which correspond so strongly to the deeply emotional experience of day and night — being about skin color. Ever consider that Jesus looks the way he does in old paintings because the painter used models in his home town? That would mean the painter wasn't focused on race at all. But why not go with the idea that all those old painters were racists who lightened Jesus up to make him look like a better class of person? What's the point? And what the hell does it have to do with Megyn Kelly?
Merritt goes on to say:
In Martin Luther King Jr.’s “Advice for Living” column for Ebony in 1957, the civil-rights leader was asked, “Why did God make Jesus white, when the majority of peoples in the world are non-white?” King replied, “The color of Jesus’ skin is of little or no consequence” because what made Jesus exceptional “His willingness to surrender His will to God’s will.” His point, as historian Edward Blum has noted, is that Jesus transcends race.Yes, Martin Luther King said some great things about getting past race. So could we? Here's what Merritt says next:
Those warnings hold just as true for believers today.What warnings? How is Jesus transcends race a warning? One could construct a warning: We'd better transcend race or terrible things will happen. But Merritt won't transcend race:
Within the church, eschewing a Jesus who looks more like a Scandinavian supermodel than the sinless Son of God in the scriptures is critical to maintaining a faith in which all can give praise to one who became like them in an effort to save them from sins like racism and prejudice.Only Merritt brought up the Scandinavian supermodel version of Jesus, but, yeah, it's critical to eschew making Jesus look like this. But who does that? If it's really so important to have the right colors to encourage everyone to identify, then a dark-haired, dark-eyed Caucasian is one of the best choices. But Martin Luther King said race is of little or no consequence, and Merritt said we were supposed to heed his warnings.
It's important for Christians who want to expand the church, too, in allowing the creation of communities that are able to worship a Jesus who builds bridges rather than barriers. And it is essential to enabling those who bear the name of Christ to look forward to that day when, according to the book of Revelation, those “from every nation, tribe, people, and language” can worship God together.He just cannot let it go. Megyn Kelly must be stupid. Fox News must suck. Jesus can wait and Martin Luther King's dream will need to be deferred for however long it takes to kick that right-wing news blonde around one more time over less than nothing.
Until that day arrives, though, can someone please tell Megyn Kelly that Jesus is not white?
→ Le·gal In·sur·rec·tion | 13 Dec 2013 | 6:49 am MSTCalls on universities to shun American Studies Association if enters into academic boycott of Israel.
→ Power Line | 13 Dec 2013 | 6:27 am MSTIn “Queen Seeb approximately” I appropriate Charles Krauthammer’s description of developments emanating from the Obama administration as “banana republic stuff.” Woody Allen mocked the stuff in Bananas, but this is beginning to hit a little too close to home: “All children under 16 years old are now 16 years old.”
→ Power Line | 13 Dec 2013 | 5:45 am MSTBloomberg View columnist Megan McArdle summarizes the conference call for journalists yesterday afternoon with Kathleen Sebelius and other members of the Obamacare team in which the powers-that-be announced further decrees and encouragements to smooth the pending implementation of Obamacare on January 1: · Insurers will be required to accept payment for policies beginning Jan. 1 as late as Dec. 31, and they will be “encouraged” to accept payment after that.
→ Althouse | 13 Dec 2013 | 5:17 am MSTThe hell!
→ Power Line | 13 Dec 2013 | 5:10 am MSTJonah Goldberg devotes a column to the foundational lies of Obamacare with special attention to the third — the one that promised billions of dollars in savings. “This lie took several forms,” Goldberg notes, and looks at a few of them, all of them false. “Obamacare may have been sold on a trinity of lies,” Goldberg concludes, “but it turns out it’s also lies all the way down.” Goldberg’s column
→ Le·gal In·sur·rec·tion | 13 Dec 2013 | 5:00 am MSTAccording to the left-leaning Sunlight Foundation, “Thanks in part to outgoing New York Mayor Michael Bloomberg, gun control groups could match or outspend gun rights forces in 2013 electoral contests, and are heading into 2014 with formidable campaign war chests.” It
"The U.S. government lobotomized roughly 2,000 mentally ill veterans—and likely hundreds more—during and after World War II..."
→ Althouse | 13 Dec 2013 | 4:46 am MST"... according to a cache of forgotten memos, letters and government reports unearthed by The Wall Street Journal."
The U.S. government lobotomized roughly 2,000 mentally ill veterans—and likely hundreds more—during and after World War II, according to a cache of forgotten memos, letters and government reports unearthed by The Wall Street Journal. Besieged by psychologically damaged troops returning from the battlefields of North Africa, Europe and the Pacific, the Veterans Administration performed the brain-altering operation on former servicemen it diagnosed as depressives, psychotics and schizophrenics, and occasionally on people identified as homosexuals....In a standard lobotomy, the surgeon opens the skull and severs the prefrontal part of the brain from the rest of the brain.
“Realistically looking back, the diagnosis didn’t really matter—it was the behaviors,” says psychiatrist Max Fink, 90, who ran a ward in a Kentucky Army hospital in the mid-1940s. He says veterans who couldn’t be controlled through any other technique would sometimes be referred for a lobotomy. I didn’t think we knew enough to pick people for lobotomies or not.... It’s just that we didn’t have anything else to do for them.”
Much more at the link. It seems that the government was looking mostly at men with what today we would call PTSD and taking advantage of a way to control intractable people. I'd like to see more details on how this related to homosexuals. Presumably, as Fink said "it was the behaviors." This was back in the days before Thorazine, so it's hard for us today to picture what these doctors were seeing.
During eight years as a patient in the VA hospital in Tomah, Wis., [Roman] Tritz underwent 28 rounds of electroshock therapy, a common treatment that sometimes caused convulsions so jarring they broke patients’ bones. Medical records show that Mr. Tritz received another routine VA treatment: insulin-induced temporary comas, which were thought to relieve symptomsMy mother, who is no longer alive, was a WAC who worked in wards like this in the 1940s, but I never heard her say anything about the treatments, only very general things about how the men suffered.
To stimulate patients’ nerves, hospital staff also commonly sprayed veterans with powerful jets of alternating hot and cold water, the archives show. Mr. Tritz received 66 treatments of high-pressure water sprays called the Scotch Douche and Needle Shower, his medical records say....
“You couldn’t help but have the feeling that the medical community was impotent at that point,” says Elliot Valenstein, 89, a World War II veteran and psychiatrist who worked at the Topeka, Kan., VA hospital in the early 1950s. He recalls wards full of soldiers haunted by nightmares and flashbacks. The doctors, he says, “were prone to try anything.”
→ Power Line | 12 Dec 2013 | 9:40 pm MSTThere is a reason why the infamous selfie photo is the only significant news story to emerge from Nelson Mandela’s funeral. The shot, and the story, resonate with people because they express what we already knew about Barack Obama: he is a narcissist. Michael Ramirez puts the selfie into historical context: How a man as temperamentally unsuited to any leadership position as Barack Obama managed to become President of the
→ Power Line | 12 Dec 2013 | 8:59 pm MSTThe only Christmas presents I am competent to recommend are books, and this year I decided to recommend only books by authors whom I know. The first in the series was The Christmas Wish, by Lori Evert and Per Breiehagen. Target and Power Line have both plugged The Christmas Wish, and I understand sales have shot up as a result. Selection number two is Jon Lauck’s The Lost Region: Toward
→ Power Line | 12 Dec 2013 | 8:39 pm MSTThis was all over Twitter today, but if you have a life, or a job, you might have missed it. So here it is, the administration’s latest Obamacare promotion: It’s a good thing the Obama administration isn’t staffed by Republicans; if they were Republicans, they would be the dumbest morons on Earth.
→ Patterico's Pontifications | 12 Dec 2013 | 7:59 pm MSTThere really isn’t much to say. I am working on not getting upset by things like this, but it’s hard because the country is headed for a terrible economic crash, and it’s tough to watch everybody careen towards the cliff without making the slightest effort even to brake. But once you realize we’re going over [...]
→ Patterico's Pontifications | 12 Dec 2013 | 6:45 pm MSTLet’s start with the latter half of the title. This actual tweet, which I am not making up, appeared on the actual White House Twitter feed today: #GetCovered because your mom will have peace of mind (and you will as well). http://t.co/GNfbftrfo3, pic.twitter.com/AP3HLgeQBV — The White House (@WhiteHouse) December 12, 2013 Be proud. Be very proud. And as [...]
→ Le·gal In·sur·rec·tion | 12 Dec 2013 | 5:30 pm MSTIf roles were reversed, and little girl kissed a little boy, would school district have reacted with "sexual harassment" charges?
"For someone who has had such an impact on just the aesthetic of improvised music and guitar, as a total guitar hero, there was such a degree of humility..."
→ Althouse | 12 Dec 2013 | 4:42 pm MST"... that — it wasn't that he downplayed what he did — he had this sense that it was part of something way bigger."
Jim Hall died Tuesday at the age of 83.
(Many video clips and quotes at the link.)
ADDED: "He said he would occasionally retune the strings of the guitar randomly, not even necessarily to exact pitches, just to force himself to be creative in a different way, without depending on his usual crutches."
→ Althouse | 12 Dec 2013 | 4:41 pm MSTA tiny little tile that might be on the moon.
There are six artworks located on the ceramic tile, each one in black and white only... [T]he last drawing in the upper left is by Andy Warhol. He created a stylized version of his initials which, when viewed at certain angles, can appear as a rocket ship or a crudely drawn penis. "He was being the terrible bad boy." says Myers. Warhol's work is covered by a thumb in the image often associated with Moon Museum, but other images with the drawing visible can be found.Forrest "Frosty" Myers, who came up with the idea to get six great artists together and make a tiny little museum that would be on the moon." I find it very amusing that a little tile — it's 3/4" X 1/2" of — should be called a "museum." For some reason, for the longest time, I've had a special love of humor that plays with or flips the largeness and smallness of things.
The discovery of The Moon Museum by chance today — why hadn't I heard of it before? — got me searching for "moon" in Andy Warhol's diaries, and I found this about some party in Aspen in 1982:
Buzz Aldrin came, from the moon. The astronaut. Took a lot of photographs of him. He’s aged but he was cute and glad to meet us. We decided to start lying that night— Chris told people he had a twelve-month-old baby and that he was watching it while his wife was back in New York and they all believed him. And I told them I was a deep-sea fisherman, and this lady invited me to Boca Raton. I haven’t been drinking at all.
"After bitching about and resisting nudging to watch the show, especially in the week leading up to the finale, I started watching one episode at a time."
→ Althouse | 12 Dec 2013 | 4:15 pm MSTI blogged on October 22. Last night, we finished it, the entire series, 61 episodes of "Breaking Bad." We were on a tear. We've been immersed in that world for the last 7 weeks.
ADDED: In the comments some people are asking if we liked it. Obviously, we liked it, or we wouldn't have marathon-watched it like that. Now, I'm interested to go back and see what I'd written when I first tried to watch it. Someone had prodded me in the comments about why the main character, Walter White, a school teacher who must have had good health insurance benefits, needed to become a criminal to pay for cancer treatments. I said:
Well, I know the answer to that from watching the first 22 minutes of the first episode.And later, I finished the first episode and said:
He's not about trying to get money to pay for treatments. He's an entirely listless, enervated man with nothing to live for, utterly empty and bland and beaten down with no love for anything (except maybe chemistry) and he finds out he's got inoperable lung cancer and at most 2 years to live.
He's so numb about all that the doctor wonders if he even understands. He tells the doctor there's a mustard stain on his jacket. He doesn't inform his wife about the diagnosis.
Then he's at his car wash (moonlighting) job and he's asked again to leave the cash register, which was supposed to be his job, and go out and put that sploogy stuff on the car tires, and he flips out.
He's had it with his bland old life which wasn't worth living even before he was dying. He's energized to go bad. He's finally alive.
This is a classic melodrama plot point: man who is about to die finally learns how to live.
He's been emasculated and suddenly he embraces manhood, which is saying "no" to all the crap he's had to eat, like vegetarian fake-bacon strips that taste like Band-Aids.
It's not about how hard it is to pay for health care. What a boring thing to think about the show!
Am I to believe that the people who love the show have less appreciation for its themes than I derived in 22 minutes before turning it off?
I'm about to scream NOOOOO at all this bullshit and pull the merchandise down off the wall and yell at my boss that I hate his mustache [ACTUALLY: eyebrows].
On which side of the screen is the storied vast wasteland?
It confirmed my understanding that Walt's breaking bad was the seizing of life that happened as he faced death.I maintained that idea of the character throughout the series, and the correctness of my understanding of the first 22 minutes was made clear in the final episode, when Walt put it plainly, explaining himself to his wife: "I did it for me. I liked it. I was good at it. And I was really… I was alive." I was alive… same as in the first episode: I'm alive.
At one point, he says "I'm alive."
It may be that in later episodes the story was changed to a desire to leave money to his family (or to get his own medical treatments), but I'm here to tell you that is NOT the story presented in the "Pilot."
I can't believe people who liked the show thought they were sort of rooting for a guy to get money for his family. What's the point of watching a made-up story on that subject? "Breaking Bad" was about crazy desperation to find — at the point of dying — what it means to be alive. All that destruction and that wild action — it was a man screaming from the not-yet-closed-grave: I am alive!
→ Le·gal In·sur·rec·tion | 12 Dec 2013 | 4:06 pm MSTThe House is expected to vote soon on the budget deal. You can watch live on C-SPAN. We’ll update this post accordingly. UPDATE: Budget deal was approved. Final vote on Ryan/Murray Budget in House: 332 Yes, 94 No (Rs 169
→ Althouse | 12 Dec 2013 | 3:35 pm MSTThis looks so wrong — over at Drudge:
But she said it:
“Embrace the suck,” House minority leader Rep. Nancy Pelosi told fellow Democrats Thursday morning... “We need to get this off the table so we can go forward,” she added. It’s a way of telling her colleagues the budget deal negotiated with Republicans is the best they can get.
"Without any training or experience, this guy applied for the job, got the job and fooled people for years by just putting on an elaborate show.."
→ Althouse | 12 Dec 2013 | 3:25 pm MST"The fact that he was standing on stage next to a lot of important people put him beyond question in the minds of most people. Those who really understood that what he was saying actually made no sense were ignored. And now we have this South African interpreter doing the same thing."
ADDED: Also about the interpreter, from the same commenter (Bob Boyd):
He wasn't perfect, but his intentions were the very best.And:
His signs, though meaningless, were nuanced and brilliantly delivered.
He's obviously super smart, he has a palpable emotional connection with the common people and a true understanding of their struggle.
Certainly this man wasn't what we have come to expect, but perhaps its our expectations that we need to examine.
Rather than yield to the demands of convention, this unknown agent of wonder has jarred us out of our complacency and showed us possibilities that only yesterday did not exist. This is the hallmark of a truly great interpreter. We have only to recognize him for what he is.
Do we really need to see things done the way they have always been done? Can we really not move beyond the comfortable, the familiar?
We could ask ourselves.
"What the fuck?"
Or we could ask a question that may bring true understanding.
Let not our efforts on behalf of the deaf make us blind.
→ Power Line | 12 Dec 2013 | 3:03 pm MSTThe office of Rep. Paul Ryan has denied the report by NRO’s Jonathan Strong that the budget deal Ryan negotiated with Sen. Patty Murray limits the ability of Republican Senators to block tax increases. I linked to Strong’s report last night and criticized the deal on that basis. You can read here about Ryan’s pushback and the pushback to that pushback from Strong’s sources. To me it seems clear that
"There he was, back in high school, a fresh-faced member of the volleyball team and a student leader in Mao Zedong’s Cultural Revolution..."
→ Althouse | 12 Dec 2013 | 3:01 pm MST"... ordering teachers to line up in the auditorium, dunce caps on their bowed heads. He stood there, excited and proud, as thousands of students howled abuse at the teachers."
Then, suddenly, a posse stormed the stage and beat them until they crumpled to the floor, blood oozing from their heads. He did not object. He simply fled. “I was too scared,” he recalled recently in one of several interviews at a restaurant near Tiananmen Square, not far from his alma mater, No. 8 Middle School, which catered to the children of the Mao elite. “I couldn’t stop it. I was afraid of being called a counterrevolutionary, of having to wear a dunce’s hat.”
→ Le·gal In·sur·rec·tion | 12 Dec 2013 | 2:28 pm MSTA tweet to a local TV news anchor in Florida from a man who says it was intended as a joke has landed that man in hot water with the law. From the Palm Beach Post: A tweet to a
→ Power Line | 12 Dec 2013 | 2:13 pm MSTThe problem with George Will’s disappointing column on the deal with Iran is that it assumes Iran can be contained/deterred. Substantial evidence to the contrary can be adduced. Norman Podhoretz adduces some of it in “Strike Iran now to avert disaster later.” Podhoretz recalls: As Bernard Lewis, the leading contemporary authority on Islam, put it in 2007, to these fanatics “mutual assured destruction is not a deterrent, it is an
→ Power Line | 12 Dec 2013 | 12:42 pm MSTSpeaker Boehner has blasted conservative outside groups for their opposition to the Ryan-Murray budget deal. Presumably, his attack is aimed at such groups as Heritage Action, Freedom Works, and the Club for Growth. Boehner claims that such groups “have lost all credibility.” Asked whether these groups should stand down, the Speaker responded, “I don’t care what they do.” The House leadership has also suggested that the outside groups are fighting
→ Le·gal In·sur·rec·tion | 12 Dec 2013 | 12:26 pm MSTMob rule now determines academic freedom.
→ Le·gal In·sur·rec·tion | 12 Dec 2013 | 10:30 am MSTMideast Media Sampler 12/12/2013 - The Al Qaeda Surge
→ Power Line | 12 Dec 2013 | 10:20 am MSTIt’s been quite a while since I worked off of Eric Hoffer’s famous axiom that “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Environmentalism entered the racketeering stage a long time ago, but fresh examples of brazen corruption still arrest your attention. Like Rhode Island Democratic Senator Sheldon Whitehouse’s latest attempt at self-dealing. As mentioned here once before, Whitehouse takes to the
→ JustOneMinute | 12 Dec 2013 | 9:21 am MSTIts the season of giving, and United Airlines is giving 10 million free miles to the charity America chooses. My wife works for Americares, which does terrific work in the US and around the world. JOM readers have pitched in...
→ Le·gal In·sur·rec·tion | 12 Dec 2013 | 9:14 am MSTWe have written extensively about the so-called Prawer-Begin Plan to redevelop Bedouin communities in the Negev desert. (added) The Plan never was official Israeli policy. It simply was a bill advancing through the Knesset but never fully approved and never
→ JustOneMinute | 12 Dec 2013 | 9:03 am MSTThe NY Times reports on one of the many obvious yet "unexpected" consequences of ObamaCare - small employers are realizing that it makes no sense to offer employee health coverage: Dropping Health Plans, to Pick Better Coverage By STACY COWLEY...
→ Patterico's Pontifications | 12 Dec 2013 | 8:53 am MSTHe says so in an op-ed in USA Today: President Obama promised that if this law was passed, you could keep your plan, you could keep your doctors, and your premiums would go down. Each of those promises has proved false. Already, more than 4 million people have lost their insurance plans because of Obamacare. [...]
→ Patterico's Pontifications | 12 Dec 2013 | 8:29 am MSTI just saw on Amazon that one of my favorite writers, Pete Earley, has a new non-fiction book out. (Well, “new” to me: it actually came out in January 2012.) The book is called The Serial Killer Whisperer and I just ordered it. The book is about a teenager who suffered a traumatic brain injury, [...]
The nation is burning down with debt, and Republicans are hanging Christmas budget decorations on the front porch
→ Le·gal In·sur·rec·tion | 12 Dec 2013 | 7:11 am MSTThe BUDGET (ALL CAPS added)
→ Patterico's Pontifications | 11 Dec 2013 | 9:20 pm MSTWe already knew about this (“mmmwah!“), so nothing much new here. The only real news is that Mitch McConnell is voting against it. Republicans are ultra-worried about a government shutdown distracting from the trainwreck that is the ObamaCare rollout. End of story. Politics over policy; business as usual.
→ Of Arms and the Law | 11 Dec 2013 | 4:26 pm MST
The History Detectives make a good case. The video is no longer online but you can read the transcript. It matches up with one that patriot forces snatched out of the Boston militia armory shortly before, and which spies told Gen. Gage could be found at Lexington.
→ JustOneMinute | 11 Dec 2013 | 11:10 am MSTJohn Boehner battles the right on the new budget deal.
→ Patterico's Pontifications | 11 Dec 2013 | 8:31 am MSTAn update from Joan Carrico, the cancer patient we heard from in November: I thought I was prepared for any outcome, but I wasn’t. I can’t begin to describe how devastated I am. Many people like me, who are in a difficult health crisis and fighting to regain good health, are finding it very difficult [...]
→ Patterico's Pontifications | 11 Dec 2013 | 8:11 am MSTObama’s clueless narcissism at the Mandela memorial is the gift that keeps on giving. Let’s review: O shakes Raul Castro’s hand (Caption Contest #1) O takes a selfie with friends as Michelle scowls (Caption Contest #2) And now, we have entry #3, which you will think I am making up, but which I am not: [...]
→ JustOneMinute | 11 Dec 2013 | 7:47 am MSTI am loving this commercial.
→ Of Arms and the Law | 10 Dec 2013 | 7:14 pm MST
Former San Diego mayor Bob Filner listed his Mayors Against Illegal Guns membership as a major accomplishment of his time in office. Yesterday there was another accomplishment: he plead out to felony unlawful imprisonment and two counts of battery. The charges stem from his sexual harassment of city employees.
We need universal background checks of MAIG recruits, I think.
→ Patterico's Pontifications | 10 Dec 2013 | 7:08 pm MSTCompare and contrast: Sen. Cruz walked out of Raul Castro's speech at Nelson Mandela's memorial, a Cruz spokesman confirms to NBC News. — Kasie Hunt (@kasie) December 11, 2013 Meanwhile, Obama shakes Raul Castro’s hand: Via Twitchy, which has been bought out by Salem Communications and is now partnered with Hot Air. Congratulations to Michelle [...]
→ Of Arms and the Law | 10 Dec 2013 | 2:11 pm MST
Story and pics here. I won't go into the lack of class involved in grinning while taking a selfie of yourself and the (quite attractive) Danish Prime Minister during a funeral. But look at the First Lady's iron stare. Then apparently she switched seats with her husband so as to separate him from the Prime Minister.
→ JustOneMinute | 10 Dec 2013 | 12:04 pm MSTI am unimpressed with the headline and description of this CBO study: CBO:Top 40% Paid 106.2% of Income Taxes; Bottom 40% Paid -9.1%, Got Average of $18,950 in 'Transfers' CBO:Top 40% Paid 106.2% of Income Taxes; Bottom 40% Paid -9.1%,...
→ JustOneMinute | 10 Dec 2013 | 9:27 am MSTFrank Bruni, NY Times columnist, inadvertently illustrates the difficulty of staying on script when employed by the Obama Press Office. Here he is with an interesting column that, superficially, is a movie review that has nothing to do with politics:...
→ JustOneMinute | 10 Dec 2013 | 9:14 am MSTJonathan Cohn of TNR rides to the rescue of ObamaCare's redistribution: Republicans Are Right: Obamacare Is Redistribution But here's how it really works And his gist: most of the giovernment funding is in the form of higher taxes on high...
→ Popehat | 10 Dec 2013 | 7:07 am MSTIf you've been hangin' around here lately, and you're lookin' to cleanse the computer fakery, mistakery, and opaquery from your palate, look no further than the brilliant and hilarious essay The Night Watch, by the hilarious and brilliant James Mickens of Microsoft. Bonus: he's a good writer. Here's his self-blurb from the MS research site: Excellence. […]
→ JustOneMinute | 9 Dec 2013 | 2:53 pm MSTTIME tries to drum up interest for its annual Man of the Year snoozer by releasing a short list of ten finalists. Get ready for this surprise - Obama made the short list, so there is still some love. Some...
→ Of Arms and the Law | 9 Dec 2013 | 1:37 pm MST
Handed down today. Suit filed to challenge California's 10 day waiting period. California moves to dismiss, and judge denies the motion. That's not the same as striking down the law, tho that might come later, but the judge does take intermediate review seriously. He notes that California argues for the law as (1) allowing time for a background check and (2) allowing a "cooling off" period, but provides no evidence that either requires a ten day wait.
→ JustOneMinute | 9 Dec 2013 | 8:04 am MSTNuts are a great snack, says Jane Brody of the Times, and she manages to address some diet myths as well: I know what you’re thinking: Aren’t nuts fattening? Yes, an ounce of nuts has 160 to 200 calories, nearly...
→ Of Arms and the Law | 7 Dec 2013 | 5:18 pm MST
An impressive fictional twitter-like coverage of the Pearl Harbor attack, with pretty stunning photos. Viewing the conflagration on Battleship Row, we can see how the Japanese thought they'd won the war in hours.
Perhaps Yamamoto never said that they had awakened a sleeping giant and filled him with terrible resolve, but his thoughts were along those lines.
→ Of Arms and the Law | 7 Dec 2013 | 4:23 pm MST
Maybe it's right when it says that that some Californians can't be trusted with assault rifles.
Sheesh. Leaving a loaded rifle unattended on an elementary school playground.
→ Popehat | 7 Dec 2013 | 8:55 am MSTVia one of my favorite science fiction authors, Michael Flynn: I have just one question: after you chop a mutineer up into infinitesimal pieces, don't you just end up with two mutineers? Hmmm. I suppose this would explain the origin of Joe-Jim Gregory. Damn, It's Good To Be a Mathematical Gangster © 2007-2013 by the […]
Damn, It's Good To Be a Mathematical Gangster © 2007-2013 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping.
→ Popehat | 6 Dec 2013 | 7:37 pm MSThttp://gizmodo.com/fbi-can-secretly-activate-laptop-cameras-without-the-in-1478371370 FBI can secretly turn on laptop cameras without the indicator light Scary. Insane. Ridiculous. Invasive. Wrong. The Washington Post reports that the FBI has had the ability to secretly activate a computer's camera "without triggering the light that lets users know it is recording" for years now. What in the hell is going on? […]
→ Popehat | 6 Dec 2013 | 7:10 pm MSTThis is a relatively self-indulgent post, but hey– blog! This is fundamentally a gaming site, founded and sustained by gamers, and I was once, and remain, a rabid fan of the gaming franchise that began with Thief: The Dark Project, continued with Thief II: The Metal Age and Thief: Deadly Shadows, and will soon resume […]
→ Of Arms and the Law | 6 Dec 2013 | 6:33 pm MST
It's punishment for using tests other than the Law School Admission Test to admit incoming students. You'd think a law school ought to be allowed to create its own standards for admission, but ABA says no. The fine is presumably to be enforced by "pay up, or we won't certify you."
A strange situation generally. Understand, the American Bar Assn is a private group. Membership in it is not required to practice law. (State bar membership is generally required). So it's a private club, of a small minority of attorneys, mostly big-firm types.
To practice law anywhere that I know of, you have to pass the bar exam, run by the State bar. That's understandable. But even if you are capable of passing it, you are only allowed to take it after graduating from a law school. That's ... well, not totally understandable, but somewhat so. And the law school must be certified by the ABA, which is a private club. That's hardest to justify. It's not like this club just assesses the adequacy of a school.. They have elaborate standards (such as this one, relating to whom the school can admit). Other standards require, as I recall, that a high percentage of faculty be full time, and that no part-timer can teach a first year course. (Thus a skilled personal injury attorney cannot teach Torts 101 or Evidence part time, subjects about which he knows far more than a full time prof who's never been in a courtroom). This of course benefits the faculties.
Bottom line: why should a government occupational permit depend upon whether your school met standards imposed by a private club, that comprises but a small part of the occupation at issue, and has its own agendas?
→ Popehat | 6 Dec 2013 | 10:45 am MSTGrand Rearchitectures, Interlocking Plans I have come to identify a pattern that crops up in proposals for business models, social engineering, computer architectures, etc. It is this: instead of paring things down to the minimum (Antoine_de_Saint_Exupery's "nothing left to take away" / Steve Blank's "minimum viable product"), people propose large steaming piles of things which […]
Nock, Hoon, etc. for Non-Vulcans (Why Urbit Matters) © 2007-2013 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping.
→ Popehat | 6 Dec 2013 | 8:44 am MSTI make fun of people who take satire literally. I enjoy websites like Literally Unbelievable, and chortle in a superior fashion when ideological or social opponents fall for satire. When right-wing sites sloppily repeated clear satire about a nutty liberal college professor I criticized them and used it as an opportunity to repeat one of […]
How I Became A Dupe, And Why I Blame Canada © 2007-2013 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping.
→ Popehat | 5 Dec 2013 | 1:59 pm MSTYou have 13 minutes to spare. Do yourself a favor. Waste 13 minutes with Harvey Silverglate. Many people write for this blog. We disagree about a great many things. But we all agree, I dare say that if this blog has a fundamental idea, it's that eventually, that animal is going to turn on you. […]
Eventually That Animal Is Going To Turn On You, And You're Going To End Up The Victim! © 2007-2013 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping.
→ Of Arms and the Law | 5 Dec 2013 | 10:11 am MST
NYC sends out notices to owners of registered guns that can take over five rounds: get them out of the city or turn them over.
PS--I'm still diagnosing the problem with the spam filter, might have it fixed and comments allowed in a few days. It may have been a problem with the filter itself, unrelated to hacking and the 1,600 spam comments (I counted them). Which illustrates the magnitude of spamming. Your filter goes down and you get 1,600 spams in a matter of an hour or two.
→ Popehat | 5 Dec 2013 | 9:44 am MSTBack in September, several NYPD officers were confronted with an agitated mentally ill man in Times Square. When — according to the officers — they believed he was reaching for a weapon, they fired three shots with their handguns, missing the agitated man entirely and hitting two citizen bystanders. Police said officers saw a man […]
NYPD: Baby, You Know We Love You. Why Do You Make Us Angry Like That? © 2007-2013 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping.
→ Of Arms and the Law | 4 Dec 2013 | 7:52 pm MST
"Illegal Mayors Against Guns" in the in the New York Post. Perhaps MAIG should have a background check requirement for its members?
if you MARRY! like your REPRODUCE! doctor you OBEY! can keep NO INDEPENDENT THOUGHT! your doctor. SUBMIT! if you CONSUME! like your STAY ASLEEP! plan you can WATCH TV! keep it. BUY! period. NO IMAGINATION!
→ Popehat | 4 Dec 2013 | 2:51 pm MSTAccording to Google, socialist realism is "the theory of art, literature, and music officially sanctioned by the state in some communist countries (esp. in the Soviet Union under Stalin), by which artistic work was supposed to reflect and promote the ideals of a socialist society." Let's remove the term "socialist," and replace it with "government." […]
if you MARRY! like your REPRODUCE! doctor you OBEY! can keep NO INDEPENDENT THOUGHT! your doctor. SUBMIT! if you CONSUME! like your STAY ASLEEP! plan you can WATCH TV! keep it. BUY! period. NO IMAGINATION! © 2007-2013 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping.
→ Popehat | 4 Dec 2013 | 1:04 pm MSTIt's time for the Road to Popehat, the feature in which we check out the traffic logs, see what searches brought you here, and ask ourselves: why democracy, again? This time: searches over the course of a single week, showing cunning plans that will not end well. sample takedown request libel: COME AT ME BRO. […]
The Road To Popehat: "This Will Not Turn Out Well" Edition © 2007-2013 by the authors of Popehat. This feed is for personal, non-commercial use only. Using this feed on any other site is a copyright violation. No scraping.
→ Of Arms and the Law | 4 Dec 2013 | 9:04 am MST
Only Guns and Money has the story. The newest CT gun law was passed in a way that violates its statutes, but the District Court ruled that NSSF (and by implication anyone else) does not have standing to raise the issue.
→ The Volokh Conspiracy | 28 Aug 2013 | 6:16 pm MDT
As I noted here, some progressives argue that the U.S. Court of Appeals for the D.C. Circuit is engaged in a “judicial jihad against the regulatory state,” environmental regulations in particular. It seems someone forgot to tell the judges on the D.C. Circuit, for as Greenwire reports, the Environmental Protection Agency fares rather well in a court that is allegedly stacked with anti-regulatory zealots, and a large share of the EPA’s losses come from environmentalist groups or other interests seeking more stringent regulation, not regulatory relief. From the story:
Obama and Senate Democrats say the nominees to the U.S. Court of Appeals for the District of Columbia Circuit are needed to fill out its 11-member bench and restore balance to a court that has been dominated by Republican appointees.
But a close look at rulings over the last year in the environmental, energy and conservation realm shows that the administration — and in particular, U.S. EPA — has fared well at the D.C. Circuit. . . .
The D.C. Circuit has ruled on more than 20 significant challenges to EPA regulations since June 2012. Of those, EPA won at least a dozen, or 60 percent, a better performance than EPA had at the circuit during George W. Bush’s administration, when it frequently lost to environmentalists. On top of the dozen, the agency scored partial wins in other cases by prevailing on some issues while losing on others.
While the Obama EPA has fared rather well in the D.C. Circuit, the Bush EPA did not — even in front of the same judges. [...]
→ The Volokh Conspiracy | 28 Aug 2013 | 1:11 pm MDT
Fifty years ago today, Martin Luther King, Jr., spoke these immortal words: “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character.” He would have been mystified, one imagines, by the question presented in Schuette v. Coalition to Defend Affirmative Action: “Whether a state violates the Equal Protection Clause by amending its constitution to prohibit race- and sex-based discrimination or preferential treatment in public-university admissions decisions.” [...]
Democratic Members of Congress Press Holder for Answers on Use of NSA Surveillance Data in the War on Drugs
→ The Volokh Conspiracy | 28 Aug 2013 | 11:10 am MDT
Eight Democratic members of Congress are pushing Attorney General Eric Holder to answer questions about the use of NSA surveillance data in the War on Drugs:
Eight Democratic senators and congressmen have asked Attorney General Eric Holder to answer questions about a Reuters report that the National Security Agency supplies the Drug Enforcement Administration with intelligence information used to make non-terrorism cases against American citizens.
The August report revealed that a secretive DEA unit passes the NSA information to agents in the field, including those from the Internal Revenue Service, the FBI and Homeland Security, with instructions to never disclose the original source, even in court. In most cases, the NSA tips involve drugs, money laundering and organized crime, not terrorism.
Five Democrats in the Senate and three senior Democrats on the House Judiciary Committee submitted questions to Holder about the NSA-DEA relationship, joining two prominent Republicans who have expressed concerns. The matter will be discussed during classified briefings scheduled for September, Republican and Democratic aides said.
“These allegations raise serious concerns that gaps in the policy and law are allowing overreach by the federal government’s intelligence gathering apparatus,” wrote the senators – Tammy Baldwin of Wisconsin, Ron Wyden of Oregon, Tom Udall of New Mexico, Richard Blumenthal of Connecticut and Sherrod Brown of Ohio.
I previously wrote about this dangerous trend in this post.
The Reuters article quoted above notes that some Republicans are pushing for answers as well. But it’s more telling that these Democrats are doing so, despite the fact that the policy in question is conducted by a president of their own party. [...]
→ The Volokh Conspiracy | 28 Aug 2013 | 8:38 am MDT
In response to my recent Wall Street Journal op-ed, David Whittington writes in to the Journal with a nice Lincoln quote from 1838: “As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and laws, let every American pledge his life, his property and his sacred honor; let every man remember that to violate the law, is to trample on the blood of his father and to tear the character of his own, and his children’s liberty.” [...]
→ The Volokh Conspiracy | 27 Aug 2013 | 11:54 pm MDT
Ilya’s post about the unconstitutionality of a military intervention in Syria and Jack Goldsmith’s post about the problem under international law prompted me to wonder: Should we feel the same way about Presidential violations of domestic and international law, or are the two kinds of law morally different?
Obviously different people can have different intuitions about this, and ultimately those intuitions may be irreducible, but it seems to me that to answer it helps to unpack why it might be morally wrong to break the law in the first place. A few possibilities occur to me:
- 1: There’s nothing wrong with breaking the law. As the legal positivists proved, law and morality are related only coincidentally. It might be wise to obey the law, if there are folks out there who are likely to punish you for breaking it, but that’s a question of tactics, not morality.
- 2: Breaking the law is wrong. Law has some kind of moral authority — either an inherent one, or one that is contingent on it being part of a generally legitimate regime. But if there is a generally legitimate regime you should follow the rules. The person in position #1 is Holmes’s “bad man,” (and by definition bad).
- 3: Government officials are special. Civilians may have no moral obligation to obey the law (see #1), but government officials are empowered by the law, so they are specially obligated to take the bitter with the sweet. The oath of office operates to convert law into a personal promise.
- 4: Breaking the law is dangerous. It’s not inherently wrong, but law is very useful, and if too many people broke the law, we would have chaos. So even if your individual violation of the law might accomplish more good than harm, you should take into [...]
→ The Volokh Conspiracy | 27 Aug 2013 | 8:47 pm MDT
Today the White House formally released the names of the committee of “outside experts” to review the NSA’s surveillance practices. A fifth name was added to the list beyond the four leaked last week: Professor Geoffrey Stone of the University of Chicago Law School. I debated Professor Stone on national security surveillance issues back in 2005 or 2006 for a U of C Federalist Society event. Based on that experience, my sense is that he will come at the issues from a strong civil libertarian perspective, with the caveat that he is not a subject matter expert in surveillance law or technology. Stone is the author of the book Top Secret: When Our Government Keeps Us in the Dark , which you can watch him and others discuss here.
UPDATE: A google search pulls up a recent interview of Stone on Amy Goodman’s Democracy Now! program in which Stone suggests a different perspective from what I would have guessed:
Geoffrey Stone: . . . [T]here is, so far as I can tell from everything that’s been revealed [by Edward Snowden], absolutely nothing illegal or criminal about these programs. They may be terrible public policy—I’m not sure I approve of it at all—but the fact is the claim that they’re unconstitutional and illegal is wildly premature. Certainly from the standpoint of what’s been released so far, whether Mr. Hedges likes it or not, or whether Mr. Snowdon likes it or not, these are not unconstitutional or illegal programs.
Amy Goodman: Let me go to a letter that you co-signed, Professor Stone, in 2006 with other prominent attorneys about NSA surveillance under President Bush. You were criticizing it. You wrote, quote, “Although the program’s secrecy prevents us from being privy to all of its details, the Justice Department’s defense of what[...]
The post Geoffrey Stone Added to NSA Surveillance Review Committee appeared first on The Volokh Conspiracy.
→ The Volokh Conspiracy | 27 Aug 2013 | 6:05 pm MDT
Acclaimed avant-garde theatre company Elevator Repair Service (ERS) will soon present the world-premiere of their new show, Arguendo, at the Public Theater in New York City. Arguendo is a dramatization of the oral argument of Barnes v. Glen Theatre, an important Supreme Court case about nude dancing and the First Amendment.
ERS has a following far beyond the usual downtown theatre crowd, largely because of the great triumph of their last show, Gatz!, which Ben Brantley of the New York Times called: “The most remarkable achievement in theater not only of this year but also of this decade.” I have been a fan of ERS for 20 years now, and I was proud to join the Board of Directors earlier this year.
Arguendo will run at the Public Theater in New York City, Sept 10 – Oct 6. On Sept 17th (Constitution Day), there will be a special benefit performance, followed by a discussion with Jeff Toobin (CNN & The New Yorker) and Amy Adler (NYU Law), and then a party at my home.
→ The Volokh Conspiracy | 27 Aug 2013 | 5:42 pm MDT
There’s been lots of excellent blogging on the subject of whether Senator Ted Cruz was a “natural born citizen” of the United States and therefore eligible to be President. I won’t summarize it here, but recommend Mike Ramsey’s two posts on here and here on The Originalism Blog, Garrett Epps’s post here on Atlantic.com, Sandy Levinson’s post here on Balkinization, and Steven Lubet’s here on Salon.com. However, there is one additional theoretical possibility that I did not see mentioned, though perhaps it appears elsewhere.
Mike Ramsey helpfully identifies the natural law conception of the original meaning of “natural born citizen,” which he describes as follows:
- The “natural” in “natural born” citizen/subject still meant in the eighteenth century (as it had much earlier) a citizen/subject by the law of nature (as opposed to a citizen/subject by statute). For people in the English tradition that would have meant people who were citizens under common law. That in turn meant only people born within the sovereign’s territory (and children of English ambassadors). In this view, the statutory expansions gave some children born abroad the same rights and duties as natural born subjects, but those children remained nonetheless only statutory subjects (since a statute could not alter the law of nature). Notably, only this version gives content to the word “natural” in “natural born.”
And distinguishes that from this conception of original meaning:
- Another way to look at it is that eighteenth-century English practice established the rule that parliament could expand the category of “natural born” by statute…. [I]n any event “natural born” had come to mean those children parliament made subjects at birth, whoever they were. Translated to U.S. constitutional terms, that would mean whomever Congress chooses (from time to time) to make citizens at birth are natural born.
Although he thinks the question [...]
The post From Natural Born “Subjects” to Natural Born “Citizens” appeared first on The Volokh Conspiracy.
→ The Volokh Conspiracy | 27 Aug 2013 | 4:46 pm MDT
The US and its allies are considering a military intervention in Syria in response to the Assad regime’s use of chemical weapons against civilians. If President Obama decides to go in, it will likely be without congressional authorization. Such a step would create serious constitutional problems similar to those arising from the intervention in Libya in 2011.
Article I of the Constitution reserves the power to declare war to Congress alone. Thus, any military action large enough to constitute a war requires congressional authorization. The president can, of course, defend against an actual or imminent enemy attack without waiting for Congress. In that scenario, a state of war would already exist independent of any US action. But the Assad regime has not attacked the US and does not seem likely to do so in the near future. Everything I said in this 2011 National Review symposium essay on the Libya War applies with equal force to a possible strike on Syria:
Article I of the Constitution unequivocally gives Congress, not the president, the “power . . . to declare War.” The Founding Fathers sought to avoid a situation where one man had the power to commit the nation to war by himself. Even Alexander Hamilton — the biggest supporter of sweeping presidential power among the framers of the Constitution — recognized that “the Legislature have a right to make war” and that “it is . . . the duty of the Executive to preserve Peace till war is declared…”
Some small-scale uses of force may not rise to the level of a war and therefore can be undertaken by the president alone under his authority as Commander in Chief of the armed forces. President Reagan’s 1986 airstrike on Libya might be an example, as were Bill Clinton’s 1998 missile[...]
The post Would a US Military Intervention in Syria be Constitutional? appeared first on The Volokh Conspiracy.
→ The Volokh Conspiracy | 27 Aug 2013 | 10:12 am MDT
I’ve recently learned that some of my scholarship is cited in a book urging President Obama’s impeachment. As my daughter would say, “How about no.” It’s reasonable to criticize this Administration’s efforts to expand executive power and its abuses of administrative authority — and I have done so — but this impeachment stuff is inane. [...]
→ Hugh Hewitt's TownHall Blog | 7 Mar 2013 | 3:58 pm MSTThursday's show provided enough reading for two weekends: Senator Marco Rubio on Rand Paul's filibuster, the nominee to head the EPA and the coming battle over the CR (transcript here); Mark Steyn on the LollaPaulooza...
→ Hugh Hewitt's TownHall Blog | 7 Mar 2013 | 7:55 am MSTMy Townhall.com column on yesterday's LollaPaulooza is here. If only Senator Paul had had Chick-fil-A delivered and read this article from the floor, it would have been a perfect day. As it was, it was the best day the...
→ Hugh Hewitt's TownHall Blog | 7 Mar 2013 | 7:49 am MSTRNC Chair Reince Priebus was my guest yesterday, and after we talked about Rand Paul's filibuster, attention turned to the reform of the debate process that so crippled the GOP race for the White House in 2012. The...
→ Hugh Hewitt's TownHall Blog | 7 Mar 2013 | 7:38 am MSTYesterday's pre-conclave update for my show was provided by Ignatius press founder and president Father Joseph Fessio, S.J. There's a very good chance that whomever emerges from the Conclave as the new pope will...
→ Hugh Hewitt's TownHall Blog | 6 Mar 2013 | 7:45 am MSTPhiladelphia Archbishop Charles Chaput joined me on Tuesday's program. The transcript of that conversation is here. In the course of the interview, the Archbishop confirmed that the two key sources for commentary on...
→ Hugh Hewitt's TownHall Blog | 6 Mar 2013 | 7:41 am MSTUSMC General James Mattis, the 4-star leader of U.S. Central Command and widely and rightly regarded as one of the superstars of the American military over the past quarter-century, is recommending a residual force of...
→ Hugh Hewitt's TownHall Blog | 6 Mar 2013 | 7:37 am MSTJeb Bush, Chris Christie, Nikkie Haley, Bobby Jindal, John Kasich, Rand Paul, and Marco Rubio being questioned by panels of conservative journalists and public intellectuals --now that would be fun and potentially...
→ Hugh Hewitt's TownHall Blog | 5 Mar 2013 | 3:44 pm MSTI'll be back asking Dennis Prager questions about his faith and life at Aska Jew 2, Sunday March 17 at Mariners Church in Irvine, California from 4 to 6. Ticket info here. If you'd like to bring the program to your...
→ Hugh Hewitt's TownHall Blog | 5 Mar 2013 | 7:53 am MSTOne listener emails regularly to complain when I cover a story with any Catholic connection. The country is full of anti-religious people, many of them especially anti-Catholic, and the once-or-twice-a-generation...
→ Hugh Hewitt's TownHall Blog | 4 Mar 2013 | 4:16 pm MSTGeorge Weigel is American's leading lay authority on the Roman Catholic Church, a biographer of John Paull II and benedict XVI, and one of the most sought-after Vatican watchers as the Conclave approaches. Weigel is in...
→ Instapundit | 13 Aug 2012 | 1:00 pm MDTAT AMAZON, bestsellers in Science Fiction & Fantasy.
→ Instapundit | 13 Aug 2012 | 12:51 pm MDTWORRIED: Email Panic From Democrats: ‘Disturbing Report’ of Overflow Crowds at Romney/Ryan Events.
→ Instapundit | 13 Aug 2012 | 12:49 pm MDTUNEXPECTEDLY: Treasury: U.S. to lose $25 billion on auto bailout. “The Treasury Department says in a new report the government expects to lose more than $25 billion on the $85 billion auto bailout. That’s 15 percent higher than its previous forecast.”
→ Instapundit | 13 Aug 2012 | 12:48 pm MDTLOWER EDUCATION BUBBLE UPDATE: Naomi Schaefer Riley: How School Reform Became Cool. In fact, a whole lot of 20- and 30-somethings across the political spectrum now believe something’s seriously flawed in our public-education system. (You can bet Gyllenhaal wouldn’t have taken the role otherwise.) But why the sea change? Start by “blaming” Teach For America [...]
PUNCHING BACK TWICE AS HARD: So the community organizers Obama n’ Axelrod have sent hecklers to Rya…
→ Instapundit | 13 Aug 2012 | 12:45 pm MDTPUNCHING BACK TWICE AS HARD: So the community organizers Obama n’ Axelrod have sent hecklers to Ryan’s speech in Iowa. Time to mirror them. In a related vein, reader Joe Hall writes: I was on the realclearpolitics.com site today and noticed that Obama is having a contest to win “Dinner with Barack” to try and [...]
→ Instapundit | 13 Aug 2012 | 12:39 pm MDTCOPYCAT? Gunman Taken Into Custody at Texas A&M. “College Station police responding to an ‘active shooter’ situation near the Texas A&M campus said the suspect is in custody. . . . Police scanner chatter suggests that a suspect was barricaded inside a house.”
→ Instapundit | 13 Aug 2012 | 12:32 pm MDTJOURNALISM: Reporter Who Bashed Chick-Fil-A Patrons Resigns.
→ Instapundit | 13 Aug 2012 | 12:28 pm MDTTHE ART OF DRUDGETAPOSITION:
FOR A LIMITED TIME, my The Higher Education Bubble is $1.99 on Kindle. The Kindle version has links…
→ Instapundit | 13 Aug 2012 | 12:26 pm MDTFOR A LIMITED TIME, my The Higher Education Bubble is $1.99 on Kindle. The Kindle version has links and video, too, which the paper version (naturally) lacks.
→ Instapundit | 13 Aug 2012 | 12:23 pm MDTMARK KITTO: Why I Am Leaving China. “The Communist Party of China has, from its very inception, encouraged strong anti-foreign sentiment. Fevered nationalism is one of its cornerstones. . . . The alternative scenario to a world dominated by an aggrieved China is hardly less bleak and illustrates how China already dominates the world and [...]
-- Finis --