Rough TIme For Oh Blah Blah

I guess Daily Kos is not the place to go for political news. The Kosites seem surprised everyone is not in love with Obamacare, and opine that Obama just is not aggressive enough. Daily Kos makes The Nation look conservative.

Why Systematizers Are Wrong

"Thus we may concieve how men came to employ corporeal ideas, for the most part to explain the intellectual phaenomena, and sometimes to assist even their own reflections on them. The art was reasonably invented and usefully applied. But it soon became artifice, as soon as philosophers took into their heads to affect such science as they are incapable of attaining(p 131). Figures in general, these of speech, and all others that do not typify determinatly, are unworthy of rational creatures, how much more of God? and figures that typify nothing, are nothing, or they are worse than nothing; they are so many lies, since they pretend to denote something real, where nothing real exists (p138)."

Concerning the Nature, Extent, and Reality of Human
Knowledge
Henry St. John (Viscount Bolingbroke)

Half a Whack-Job

Presidential advisor Cass Susstein must be half a whack-job, because he is friends with Peter Singer, the Princeton philosopher who advocates bestiality and infanticide. Incidently, Begala, anyone who belongs to the same party as Howard Dean and Jesse Jackson should know better than to bandy about accusations of mental illness.

What is Judicial Review?

Treating Geraldo Rivera as if he were a legal intellectual may be silly, but more people see him on TV than read law books, so here goes. Geraldo said that one person's judicial activist is another's sound jurist. No, it is not.

A judicial activist is anyone who uses anything other than the laws themselves or historical assessments, including the Federalist Papers, to shed light on what the legislators meant in order to decide cases. An ancient principle is that judges tell the law, not make the law. This was made into a principle of judicial review by the Supreme Court finding in Luther v. Borden. Luther v. Borden said that political questions will not be decided by the courts, but by lawmakers or the people themselves. Things that judicial activists consider proper to consult include sociological studies, trendy philosophy, inventive false analogies, and even religious law. The last was consulted by a German judge regarding Islam and spousal abuse in 2007. Most people, even those who favor judicial activism, would never approve of this. But once you accept the principle that "good thinking" (Justice Ginsburg's phrase) is all that is needed to make law, why is that wrong?

Judicial activism is not necessarily liberal. If Justice Scalia argued a case based on Thomas Aquinas, that would be wrong for exactly the same reason that consulting Islamic law is wrong. At no period, past or present, was Thomas Aquinas elected or delegated to create any American law. Republican government is sick unto death once anyone other than an elected official creates a law. No one, other than a trained jurist, approved by such officials, should ever decide what a law means. Either Luther v. Borden was decided wrongly, or the Supreme Court has been exceeding its authority for decades. Sorry, Geraldo.

Freedom Trumps Democracy

Should America support democracy in all circumstances? Before you answer, keep in mind Edmund Burke's Conciliation WIth America , which states

"Man acts from adequate motives relative to his interest; and not on meta-
physical speculations. Aristotle, the great master of reasoning, cautions us, and
with great weight and propriety, against this species of delusive geometrical
accuracy in moral arguments, as the most fallacious of all sophistry."

In other words, politics cannot be an exercise in a priori reasoning where
"Two plus two equals four."
Advocating free elections in Turkey is based on this error. Because the election would result in Islamic theocrats taking over, it is foolish to watch tyrants take power by popular vote. In this case,
"Two plus two equals seven."

The Dying Bird

During the French Revolution, Thomas Paine criticized Edmund Burke's response by saying that he mourned the plumage but not the dying bird. Estase is a 36 year old with a Master's degree who works at Wendy's. Estase never understood that quote until he was in the sun sweating. I am part of the bird- - the working public expected to support a government allied with big business. Oh Blah Blah is transforming America into Japan, where you have to know somebody in government to make money.

The problem with a system where a few people make a great living because of government is like the situation before the French Revolution. The only difference is that at least in feudalism, you knew whose serf you were. I know that I am the serf on some corrupt New York businessman's fief. When Bastille Day comes, in the words of Dale Earnhardt, "Payback's a bitch, son."

Open Letter to Senator Durbin

I beg you: do not vote for Waxman-Markey. Do not even think about it. As the weather gets hotter this year, I dread the summer of 2010 with Waxman-Markey. No air conditioning? Please tell me you are joking.
I was reading Coleridge's Rime of the Ancient Mariner, the part where the crew is chastised by death itself.

The naked hulk alongside came,
And the twain were casting dice;
"The game is done! I've won! I've won"
Quoth she, and whistles thrice.

How do you think Americans will feel when they cannot afford to stay cool? What civil disorders will arise? Do not win a victory that ultimately causes suffering and death.

Does Barack Obama Have A Concept of Freedom?

The fact that Oh Blah Blah's only coherent foreign policy theme is conciliation with Islam does not bode well for his domestic policy. After all, if America does not stand for personal freedom in Iran (where he thinks a fraudulent election is OK) or Turkey (where he is helping a mullahcracy take over) or Afghanistan (where he says he does not want victory) it does not look good for freedom in America either.

What happened with the abortive revolution in Iran is the foreign policy equivalent of what Bush did with Hurricane Katrina. Oh Blah Blah dropped the ball. He could not have helped the Iranians, but he could have mustered some of the outrage he expressed over the murder of abortionist George Tiller.

Do you really want economic policy created by a man who is comfortable with Islamic theocracy? What do you think? As always, comments are welcome.

Those Pesky Rules!

"All the ancient, honest juridical principles and institutions of England are so many clogs to check and retard the headlong course of violence and oppression."

Edmund Burke
Letter to the Sheriffs of Bristol

This Should Go Without Saying

As we await the elevation of Tyne Daly to the Supreme Court, Estase would like to discuss the "legal" philosophy of Ruth Bader Ginsburg. No, it isn't enough merely to make up American laws from the bench, but Ginsburg believes we now need to let legislatures in other countries vote on American laws. In an address to the American Society of International Law, Ginsburg said we, "should not . . . abandon the effort to learn what we can from the experience and good thinking foreign sources may convey." This is not a philosophical debating society we are talking about. This is the law of the United States, and looking for clever sophisms to replace our laws strikes at our republican democracy. How about speech laws from Red China, or family law from Iran? Why have a U.S. Congress if the Supreme Court is going to force us to live under other nations' laws anyway? The main reason against this is the reason we fought England to form our country- - the founding fathers did not want us to live under laws we had no voice in creating. So unless we get to vote for politicians in Sweden, Swedish laws should have no bearing on our laws.

China Confidential: Turkey's 'Trial of the Century' Begins

China Confidential: Turkey's 'Trial of the Century' Begins
Is it really surprising that the pro-Islam Hawaii Forty-Four is on the side of the would-be mullahcrats?

Limits of Judicial Review

"Nor should it ever be lost sight of, that the government of the United States is one of limited and enumberated powers; and that a departure from the true import and sense of its powers is, pro tanto, the establishment of a new constitution. It is doing for the people, what they have not chosen to do for themselves. (p. 144) Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness, or juridical research. (p157) To resign an exposition so sanctioned, would be to deliver over the country to interminable doubts; and to make the constitution, not a written system of government, but a false and delusive text, upon which every successive age of speculatists and statesmen might build any system, suited to their own views and opinions. (p 378)."

Justice Joseph Story
Commentaries on the Constitution

Vested Interests

The bailouts at Chrysler and General Motors remind me of the classic vested interests case, the Charles Bridge Case. In the early 1800's, a group of investors chose to build a toll bridge to replace a ferry in Boston. The local government then made this investment useless by building a free bridge over the same river. The employees and stockholders in Ford Motors are about to be screwed in the exact same way. Their investment is about to be damaged or lost due to Oh Blah Blah's choice to subsidize the production of "eco-friendly" cars. These cars will compete with Ford products, and Chrysler and General Motors will be relieved of the pressure to do what all companies in a capitalist system are expected to do- - make a profit.

The Spirit of 89

Where does the wording and concepts of the American Constitution come from? Some of it comes nearly verbatim from the Britisn Declaration of Rights.
British By raising and keeping a standing army within the kingdom in time of peace without the consent of Parliament and quartering soldiers contrary to the law.
American No Soldier shall, in time of peace, be quartered in any house, without consent of the owner, nor in time of war, but in a manner to be prescribed by law.

British By causing several good subjects, being Protestant, to be disarmed at the same time when Papists were both armed and employed contrary to the law. That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law.
American A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

British That it is the right of the subjects to petition the King, and all commitments and prosecutions for petitioning are illegal. And that for redress of grievances, and for the amending, strengthening and preserving of the laws parliaments ought to be frequently held.
American Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances.

British That the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament.
American They [Congressmen and Senators] shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other Place.

British That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.
American Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The International Community Did Not Make Us

The right of the Iranian People to not be beaten or murdered does not come from "consensus" or "norms."

President Algernon SIdney

President Obama needs to stop using pedantic language about the Iranian tyrants violating "international norms," and instead admit that they

China Confidential: Abandoned by America, Iranians are Massacred

China Confidential: Abandoned by America, Iranians are Massacred

Forcing Morals Upon Others

The Christian Congressman took the floor of the House amid boos and objections. The opposition called him a fanatic and said he was trying to force his religion on others. Any one who wanted to debate this right would be stopped by a coalition of those who supported it. The Congressman tried to oppose the right, and claimed it was unconstitutional to suppress debate in this way. The oppostion claimed their right was part of the Constitution. This did actually happen. The date was May 26, 1836. The Congressman was John Quincy Adams. And the right was slavery.

The Strange Death of Humor

The disgusting sexual assault by Sasha Baron Cohen against Eminem at the MTV Movie Awards points out something about American comedy. It isn't funny. The trend started with degenerates like Lenny Bruce and George Carlin, neither of whom could say anything without filthy language and gross references to sex. Movies such as American Pie included jokes about sick things like the ingestion of semen. It has moved past comedy now- - when Rachel Maddow referred to the Tea Parties she referred to them with an oral sex reference. Is it possible for anyone to get a laugh with the kind of word play humor Groucho Marx specialized in? Does anyone wish to treat any subject with taste anymore?

Involuntary Association, Part Three

"In some cases the subordinate relations are voluntary, in others they are necessary, but the duties are all compulsive. When we marry, the choice is voluntary, but the duties are not a matter of choice; they are dictated by the nature of the situation. Dark and unscrutable are the ways by which we come into the world."
Edmund Burke, "An Appeal From the New to
the Old Whigs"