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judiciary U.S. Constitution

Unpacking the Court

“Once again, the Supreme Court has shown that it’s not in the tank!” Dan Abrams exuberantly reminded his SiriusXM listeners yesterday. 

That is, the same High Court that Democrats have so harshly demonized as in President Trump’s pocket just handed him yet another defeat, striking down his executive order restricting birthright citizenship.

“It’s a very conservative court. I disagree with some of the rulings, I agree with others,” continued Abrams. “That’s not the question. The question is . . . questioning the legitimacy of the court.”

Calling that a “problem,” he added, “that’s what we’ve seen liberals doing again and again and again.”

Even to the point of advocating court-packing, arguing that when Democrats ever win back the White House and Congress, they should add enough new justices to gain an immediate majority. As Sen. Corey Booker (D-NJ) puts it, Democrats are looking “to reform the court and bring it back into alignment.”

If you ask me, a judiciary independent enough to be out of political “alignment” is a good thing. But the number of Supreme Court justices is not constitutionally prescribed; Congress could alter it at any time.  

As we celebrate the 250th anniversary of the Declaration of Independence, the birth of these United States, we should recognize what a gift our justice system is. With all of its flaws, it’s still the envy of the world. 

We need a constitutional amendment to set the number of justices. Leaving to Congress the option of remaking the Court every time partisan control changes in Washington is . . . corrupting

And let’s do that before we edit the 14th Amendment to end birthright citizenship for those entering the country illegally . . . as well as Chinese nationals and others practicing “birthright tourism.”

This is Common Sense. I’m Paul Jacob.


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Thought

H. L. Mencken

The legislature, like the executive, has ceased to be even the creature of the people: it is the creature of pressure groups, and most of them, it must be manifest, are of dubious wisdom and even more dubious honesty. Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner. The typical lawmaker of today is a man wholly devoid of principle — a mere counter in a grotesque and knavish game. . . . If the right pressure could be applied to him he would be cheerfully in favor of chiropractic, astrology or cannibalism.

H. L. Mencken,  (1880-1956) American writer and journalist, “The Library,” The American Mercury (May 1930), a book review of The Dissenting Opinions of Mr. Justice Holmes (1930).
Categories
Today

A Presentation

On July 1, 1858, a joint reading at the Linnean Society of London of papers by Charles Darwin and Alfred Russel Wallace debuted a new explanation of speciation and biological evolution.

Linnean Society records record that eminent scientists Charles Lyell and Joseph Dalton Hooker “communicated” the papers of the two breakthrough theorists:

  • An extract from Darwin’s unpublished manuscript (written in 1844, part of his Essay).
  • An abstract of Darwin’s 1857 letter to Asa Gray, outlining his theory.
  • Wallace’s essay, “On the Tendency of Varieties to Depart Indefinitely from the Original Type” (written in 1858).

Though attended by about 30 prominent intellectuals and scientists of the day, conspicuously not in attendance were either Wallace (who was in the East Indies) or Darwin (whose son Charles Waring Darwin had died two days earlier).

The event proved to be one of the more significant scientific presentations in the history of western civilization.

Categories
general freedom ideological culture social media voluntary cooperation

World Loving Cup

“I am loving that the World Cup has brought to our shores all these people,” comedian Bill Maher told his Real Time audience on Friday, “who are doing Americans the service of reminding us — just when we needed it on our big 250 birthday — that actually this place is kind of awesome.”

What Maher celebrated could be seen on social media, mostly. One German fan — and the first many American X users have encountered — is @FreddyLA7; his success is instructive, saying that he hasn’t “met a single unfriendly person.” If you follow his account, or many others like his, you’ll see a lot of stadium shots and talk of soccer wins and losses, but the real gems are among the many about American culture, vistas, and (of course) the food. 

And because the World Cup is being held in 16 cities across the continent, Freddy and his fellow across-the-water fans have seen a lot.

“I’m absolutely in love with small town America,” he says in a post about “Island Pond in Vermont. They have a population of 750 people but there was quite a lot going on. They had a flea market, a nice deli, and a beautiful lake with people out on their boats.”

His enthusiasm has hit the television news shows, too, one quoting his ten-out-of-ten rating of Waffle House, and his pledge to return.

Maher shared numerous stories from foreign visitors, including one Australian man who complained, “I feel like I’ve been lied to my entire life about America . . . if you log onto the news everything’s bad, everything’s terrible. It’s not. It’s absolutely f*cking amazing.”

Yes, the “news” is a problem — especially the national sources, biggest stations and papers. But bracket out politics. Then what you see is a diversity of geography, still-vibrant markets, and friendly people in cities, towns, and rural communities all over. 

And the sneaking idea that America is still great.

Again.

This is Common Sense. I’m Paul Jacob.


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Thought

Aeschines

εὖ δ᾿ ἴστε, ὦ ἄνδρες Ἀθηναῖοι, ὅτι τὰ μὲν τῶν δημοκρατουμένων σώματα καὶ τὴν πολιτείαν οἱ νόμοι σῴζουσι, τὰ δὲ τῶν τυράννων καὶ ὀλιγαρχικῶν ἀπιστία καὶ ἡ μετὰ τῶν ὅπλων φρουρά.

Be assured, fellow citizens, that in a democracy it is the laws that guard the person of the citizen and the constitution of the state, whereas the despot and the oligarch find their protection in suspicion and in armed guards.

Aeschines, Against Timarchus (346/5 BC), I.5.

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Today

An Assassin Hanged

Charles Julius Guiteau met his death on June 30, 1882, at the end of a rope (as was commonly said at the time), three days shy of a year after shooting newly elected President James A. Garfield.

Guiteau was a member of the “Stalwart” faction of the Republican Party, devoted to the continuation of the kind of job-seeking corruption that Garfield, the reformer, opposed on principle. Despite being on the opposite team, so to speak, Guiteau was an ardent supporter of Garfield in the election campaign, and expected a diplomatic position in return. Failing to gain such a position in the new administration, Guiteau decided upon a sort of mad revenge as the apt response to Garfield’s “betrayal.”

While it took a year to finalize Guiteau’s execution, it took much less time — if itself an excruciatingly long time — for Garfield to die of the wound and the subsequent doctoring, on September 19th, 1881.

Categories
ideological culture national politics & policies political challengers

The Kill Western Civilization Caucus

“These are not social democrats,” President Trump declared on Truth Social. “These are hardcore, godless communists.”

Unfortunately, the president is on target. 

He was referring to the three members of the Democratic Socialists of America who won Democratic Party primaries last week in deep-blue New York City congressional districts.

November’s General Election being a mere formality in the Big Apple, the trio will undoubtedly be joining the next Congress. All three — State Assemblywoman Claire Valdez (NY-7), former City Comptroller Brad Lander (NY-10), and professional “left-wing activist” Darializa Avila Chevalier (NY-13) — were endorsed and assisted by Mayor Zohran Mamdani.

They’ll be just three out of 435 members of Congress, while the mayor is in a position to do more harm. Still, sprinkling a few Stalinists into Washington’s brew won’t help. 

Darializa Avila Chevalier worries me the most. Before launching her political campaign, CNN reports that she deleted “thousands of posts and reposts expressing support for abolishing police, prisons and borders, as well as seizing private property and nationalizing major industries and calling into question Israel’s right to exist.”

Her pursuit of a surely democratic-no-doubt-benevolent dictatorship of the proletariat to, you know, seize the means of production is . . . mighty concerning. What’s worse, however, is her hatred. 

Of America. 

In a 2019 tweet, Chevalier posted a smiley face emoji to say loud and proud: “I forgot to get napkins so I just wiped my hand on the American flag behind me.” 

“We are Westerners fighting for the total eradication of Western civilization,” explained a group she co-founded, Columbia University Apartheid Divest (CUAD). 

Shouldn’t we take them at their word?

This is Common Sense. I’m Paul Jacob.


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John Randolph of Roanoke

We ought to observe that practice which is the hardest of all — especially for young physicians — we ought to throw in no medicine at all — to abstain — to observe a wise and masterly inactivity.

Rep. John Randolph, Register of Debates in Congress (January 25, 1828), vol. 4, col. 1170.
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Today

Great War ab ovo

On June 29, 1914, the day after the shooting of the Archduke Ferdinand and his wife, Austrian interrogations confirmed — to the satisfaction of Gavril Princip’s interrogators and their government, anyway — that the Serbian state was behind the assassination. Serbia denied involvement.

Thus continued the series of events that led to “The Great War,” now known as “World War I.”

Categories
government transparency Update

Public Surveillance Forced to Become Transparent

“Just like humans may err in recognizing faces, facial recognition technology (FRT) is not without its flaws,” writes Meagan O’Rourke at Reason. “Multiple defendants have blamed the technology for wrongful arrests as more and more law enforcement agencies rely on the technology to identify suspects.”

Ms. O’Rourke goes on to expand on the ruling, reporting that in “State v. Tybear Miles, New Jersey’s Supreme Court ruled that prosecutors must disclose how FRT was used to identify defendant Tybear Miles, who had been charged with ‘first-degree murder and weapons offenses.’”

While this new transparency is being induced by a state court, states “including Maryland, Montana, and Washington,” have legislated requirements that “law enforcement agencies to disclose the use of FRT to defendants before trial.”

It is worth remembering that there is another route to secure your privacy and public anonymity from surveillance hardware and facial recognition software: technological innovation. A serial killer in the TV series Dexter Resurrection found a way, with lights inside his “camera-shy hoodie.” But there are many more ways. And more will be developed. Prying creates its own counter-measures. Even among the law-abiding.