Quotulatiousness

February 26, 2023

The role of Vice President of the United States is, constitutionally, pretty lightweight

Filed under: Government, History, USA — Tags: , , — Nicholas @ 05:00

For most Americans, the Vice President is seen not only as potentially the next President but also as a fairly significant official in the administration, yet this isn’t the way the job was envisioned by the Founding Fathers, as Glenn Reynolds explains:

Vice President Mike Pence (2017-2020) and Vice President Kamala Harris (2021-)

Mike Pence is arguing that the Vice President is a legislative, not an executive, officer. Mike Luttig has a piece in the NYT calling that crazy. (Link is to Josh Blackman’s blog post on same. Luttig’s piece is here, but it’s paywalled.)

Well, as it happens, I had a piece on the topic in the NYT over a decade ago, and I’ve also authored a piece in the Northwestern University Law Review on the topic, and I say he’s not crazy.

Nowadays, we tend to think of Vice Presidents – wrongly – as a sort of junior or co-President, but that’s not actually how it works at all. As I wrote in the Northwestern Law Review piece:

    The Constitution gives the Vice President no executive powers; the Vice President’s only duties are to preside over the Senate and to become President if the serving President dies or leaves office. Traditionally, what staff, office, and perquisites the Vice President enjoyed came via the Senate; it was not until Spiro Agnew mounted a legislative push that the Vice President got his own budget line. The Vice President really is not an executive official. He or she executes no laws — and is not part of the President’s administration the way that other officials are. The Vice President cannot be fired by the President; as an independently elected officeholder, he can be removed only by Congress via impeachment.

In various cases involving the Executive power, the Supreme Court has placed a lot of weight on the question of whether an official can be fired by the President or not.

Continuing:

    Traditionally, Vice Presidents have not done much, which is why the position was famously characterized by Vice President John Nance Garner as “[not] worth a pitcher of warm spit”. That changed when Jimmy Carter gave Fritz Mondale an unusual degree of responsibility, a move replicated in subsequent administrations, particularly under Clinton/Gore and Bush/Cheney.

    The expansion of vice presidential power, however, obscures a key point. Whatever executive power a Vice President exercises is exercised because it is delegated by the President, not because the Vice President posesses any executive power already. The Vesting Clause of Article II vests all the executive power in the President, with no residuum left over for anyone else. Constitutionally speaking, the Vice President is not a junior or co-President, but merely a President-in-waiting, notwithstanding recent political trends otherwise. To the extent the President delegates actual power and does not simply accept recommendations for action, the Vice President is exercising executive authority delegated by the President while being immune to removal from office by the President, unlike everyone else who exercises delegated power. The only recourse for the President is withdrawal of the delegation, with instruction to subordinate officials within the Executive Branch not to listen to the Vice President. However, it seems pretty clear that the President is not allowed to delegate executive power to a legislative official, as that would be a separation of powers violation.

The point of my argument there was to note that, by arguing that Vice President Cheney was not subject to the Freedom of Information Act because he was a legislative official, the White House had raised the question of whether President George W. Bush’s extensive delegation of executive powers to Cheney was unconstitutional. (Hence the title, “Is Dick Cheney Unconstitutional?”)

Tojo Takes Control – Week 235 – February 25, 1944

Filed under: Asia, Britain, Germany, History, India, Italy, Japan, Military, Pacific, Russia, USA, WW2 — Tags: , , , , , , — Nicholas @ 04:00

World War Two
Published 25 Feb 2023

Now that the Americans have seized the Marshall Islands, they can bypass the Japanese base at Truk. This impels Prime Minister Hideki Tojo to shake up both army and navy command, and he even takes personal control over the Japanese Army. On the Anzio Front, Lucian Truscott replaces John Lucas as Allied Commander. In the field, the Allies win a big victory in Burma, and in Ukraine, the Soviets are still on the move.
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Ortgies Automatic Pistols: Not as Boring as You Think!

Filed under: Business, Germany, History, Weapons — Tags: , , , , — Nicholas @ 02:00

Forgotten Weapons
Published 16 Jun 2016

The Ortgies is a pistol whose interesting aspects are often overlooked on the assumption that it is just another identical .32 ACP blowback pistol. Well, it is that — but it is also more.

Mechanically, the Ortgies has a rather unusual grip safety mechanism that is quite different from what we expect to see today. It is also interesting in that the .32 and .380 versions differ only in the easily-interchanged barrel — even the magazines are marked for both calibers.

However, the most interesting part of the Ortgies story (in my opinion) is its production. In less than 5 full years (1919-1923), close to a half million of these guns were made, primarily by an industrial subsidiary of the German government. The guns were in large part a work program, creating export goods which could bring desperately needed hard currency into Germany to counteract the economic devastation of the Versailles treaty.

Have a look at the video and you may come away with a newfound appreciation for the humble Ortgies, like I did!
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February 25, 2023

Rise of Franco – The Spanish Rif War 1921-1926

Filed under: Africa, Europe, France, History, Military — Tags: , , , , , — Nicholas @ 04:00

The Great War
Published 24 Feb 2023

The Rif War between Spain and the Rif Republic gave rise to a young Spanish officer named Francisco Franco — who later would become Spanish dictator. After Spain had almost lost the war against the Rifi people, they got help from France and WW1 hero Philippe Pétain.
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QotD: Feudalism versus “Manorialism”

Filed under: Economics, Europe, History, Quotations — Tags: , , , — Nicholas @ 01:00

… the economic system in much of medieval Europe is better understood under this term, manorialism, rather than “feudalism”. Feudalism, as a term, has been generally going out of style among medievalists for a long time, but it is especially inapt here. In a lot of popular discourse (and high school classrooms), feudalism gets used as a catch-all to mean both the political relationships between aristocrats and other aristocrats, and the economic relationships between peasants and aristocrats, but these were very different relationships. Peasants did not have fiefs, they did not enter into vassalage agreements (the feodum of feudalism). Thus in practice my impression is that the experts in medieval European economics and politics tend to eschew “feudalism” as an unhelpful term, preferring “manoralism” to describe the economic system (including the political subordination of the peasantry) and “vassalage” to describe the system of aristocratic political relationships.

Bret Devereaux, “Collections: Bread, How Did They Make It? Part IV: Markets, Merchants and the Tax Man”, A Collection of Unmitigated Pedantry, 2020-08-21.

February 24, 2023

Up Close and Personal – Mountain Warfare in Italy – WW2 Special

Filed under: Britain, France, Germany, History, Italy, Military, USA, WW2 — Tags: , , , — Nicholas @ 04:00

World War Two
Published 23 Feb 2023

Thanks to Curiosity Stream for sponsoring today’s video

Even as the Allied and Axis commanders focus on the sweeping warfare of the Eastern Front and the planning for the invasion of Europe, their men continue to fight a grinding war of attrition high in the Italian mountains. It’s a war of merciless terrain, brutal close-quarters combat, and vast quantities of artillery and bombs. They may be playing second fiddle, but the soldiers on the Italian front will never forget these battles.
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War of 1812 – Freshwater Edition

Filed under: Britain, Cancon, History, Military, USA — Tags: , , , , — Nicholas @ 02:00

Drachinifel
Published 4 Sept 2019

Today we take a look at the War of 1812 as it progressed on the Great Lakes.
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QotD: Relearning lessons as old as warfare

Filed under: Asia, China, History, Military, Quotations, USA — Tags: , , , — Nicholas @ 01:00

DURING THE FIRST MONTHS of American intervention in Korea, reports from the front burst upon an America and world stunned beyond belief. Day after day, the forces of the admitted first power of the earth reeled backward under the blows of the army of a nation of nine million largely illiterate peasants, the product of the kind of culture advanced nations once overawed with gunboats. Then, after fleeting victory, Americans fell back once more before an army of equally illiterate, lightly armed Chinese.

The people of Asia had changed, true. The day of the gunboat and a few Marines would never return. But that was not the whole story. The people of the West had changed, too. They forgot that the West had dominated not only by arms, but by superior force of will.

During the summer of 1950, and later, Asians would watch. Some, friends of the West, would even smile. And none of them would ever forget.

News reports in 1950 talked of vast numbers, overwhelming hordes of fanatic North Koreans, hundreds of monstrous tanks, against which the thin United States forces could not stand. In these reports there was truth, but not the whole truth.

The American units were outnumbered. They were outgunned. They were given an impossible task at the outset.

But they were also outfought.

In July, 1950, one news commentator rather plaintively remarked that warfare had not changed so much, after all. For some reason, ground troops still seemed to be necessary, in spite of the atom bomb. And oddly and unfortunately, to this gentleman, man still seemed to be an important ingredient in battle. Troops were getting killed, in pain and fury and dust and filth. What had happened to the widely heralded pushbutton warfare where skilled, immaculate technicians who had never suffered the misery and ignominy of basic training blew each other to kingdom come like gentlemen?

In this unconsciously plaintive cry lies buried a great deal of the truth why the United States was almost defeated.

Nothing had happened to pushbutton warfare; its emergence was at hand. Horrible weapons that could destroy every city on earth were at hand — at too many hands. But pushbutton warfare meant Armageddon, and Armageddon, hopefully, will never be an end of national policy.

Americans in 1950 rediscovered something that since Hiroshima they had forgotten: you may fly over a land forever; you may bomb it, atomize it, pulverize it and wipe it clean of life — but if you desire to defend it, protect it, and keep it for civilization, you must do this on the ground, the way the Roman legions did, by putting your young men into the mud.

T.R. Fehrenbach, This Kind of War: A Study in Unpreparedness, 1963

February 23, 2023

Type 99 Arisaka Sniper Rifles

Filed under: History, Japan, Military, Weapons, WW2 — Tags: , , — Nicholas @ 02:00

Forgotten Weapons
Published 29 Nov 2016

The Japanese Army made significant use of snipers (or in today’s terminology, designated marksmen) as part of its infantry combined arms doctrine, and produced about 22,000 Type 97 sniper rifles for use in WWII and the Sino-Japanese War. In 1941, shortly after the adoption of the new 7.7mm rifle cartridge, it was decided that a sniper rifle variant of the Type 99 should be made in addition to the Type 97 (which was basically a scoped Type 38).

Testing through 1941 determined that there was almost no practical difference in accuracy between scoped examples of the Type 99 long and short rifles, and so the short rifle was chosen to be the basis for the Type 99 sniper (the Type 99 long rifles would drop from production altogether pretty quickly anyway). About 1,000 of the scoped 99s were manufactured by the Kokura Arsenal using the same 2.5x scope as on the Type 97 sniper, while the Nagoya Arsenal instead used a 4x scope, offering more magnification at the expense of a narrower field of view. Nagoya would produce approximately 10,000 of these rifles, with 4x scopes except for a period between serial numbers 5,000 and 7,000 with 2.5x scopes (most likely the remainder stored at Kokura when that plant ceased production). The rifles made into snipers were given no special selection criteria; simply taken at random from normal production. The utility of the weapon in Japanese practice came not from it being mechanically more accurate than any other issue rifle, but rather from the optical sight allowing better exploitation of that standard rifle’s inherent accuracy.
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February 22, 2023

Mosquito Bombers Bust Out French Resistance – War Against Humanity 098

World War Two
Published 21 Feb 2023

Across Europe the anti-Nazi Resistance continues to rise as does the infighting. In France the RAF carry out Operation Jericho to break out captured resistance members held at the prison in Amiens.
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True Size of a Roman Legion

Filed under: Europe, History, Military — Tags: , , — Nicholas @ 02:00

Invicta
Published 29 Oct 2022

The True Size of a Roman Legion.

A history documentary on the True Size of a Roman Legion. This is our first episode in the new True Size series which seeks to bring history to life in 3D using Unreal Engine 5. In this episode we cover the organization of a Roman Legion from the soldier to the Contubernium, the Century, the Cohort, and the Legion. Along the way we not only include the troops and their officers but all the slaves, mules, support, staff, and gear which accompanied them. This makes for a much better understanding of the Roman army structure.

We then put these into context by looking at a Roman army camp, a Roman army on the march, and a Roman army in battle order. This gives the viewer a full 3D history of a legion like never before.
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February 21, 2023

Medieval Mardi Gras

Tasting History with Max Miller
Published 22 Feb 2022
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QotD: The Gods as (literal) machines

Filed under: History, Quotations, Religion — Tags: , , — Nicholas @ 01:00

So we have the basic rules in place: in order to achieve a concrete, earthly result, we need to offer something to the appropriate god and in exchange, they’ll use their divine power to see that things turn out our way.

But what do we offer? What do we ask for? How do we ask? This isn’t write-your-own-religion, after all: you can’t just offer whatever you feel like (or more correctly, you can, and the god’s silent disapproval will be the response). After all, if your plan is to get me to do something, and you show up at my door with awful, nasty Cherry Pepsi, you are bound to be disappointed; if you show up with some delicious Dr. Pepper, you may have better luck. That’s how people work – why would the gods be any different?

So different gods prefer different things, delivered in different ways, with different words, at different times. There are so many possible details and permutations – but this is important, it matters and you must get it right! So how can you be sure that you are offering the right thing, at the right time, in the right way, to the right god, for the right result?

And that’s where our knowledge from last week comes in. You aren’t left trying to figure this out on your own from scratch, because you can draw on the long history and memory of your community and thus perform a ritual which worked in the past, for the same sort of thing.

The thing to understand about that kind of knowledge is that it’s a form of black box tech; the practitioner doesn’t know why it works, only that it works because – as we discussed – the ritual wasn’t derived from some abstract first-principles understanding of the gods, but by trial and error. Thinking about the ritual as a form of functional, but not understood, technology can help us understand the ancient attitude towards ritual.

Let’s say we discovered a functioning alien spaceship with faster-than-light propulsion, but no aliens and no manual. We don’t understand anything about how it works. What would we do? We might try to copy the ship, but remember: we don’t know what parts are functional and what parts are just cosmetic or what does what. So we’d have to copy the ship exactly, bolt for bolt, to be sure that it would work when we turned it on.

Ritual in ancient polytheistic religions is typically treated the same way: given an unknowable, but functional system, exactitude is prized over understanding. After all, understanding why the ritual works does not help it work any better – only performing it correctly. An error in performance might offend the god, or create confusion about what effect is desired, or for whom. But an error in understanding causes no problems, so long as the ritual was performed exactly anyway. Just as it doesn’t matter what you think is happening when you, say, turn on your TV – it turns on anyway – it doesn’t matter what you think is happening in the ritual. It happens anyway.

Bret Devereaux, “Collections: Practical Polytheism, Part II: Practice”, A Collection of Unmitigated Pedantry, 2019-11-01.

February 20, 2023

Thirteen reasons the Dutch did better financially than the English in the Seventeenth Century

Filed under: Britain, Economics, Europe, Government, History — Tags: , , , , , , — Nicholas @ 03:00

In the latest Age of Invention newsletter, Anton Howes investigates the huge differences between the rival English and Dutch financial markets in the 17th century:

The courtyard of the exchange in Amsterdam (De binnenplaats van de beurs te Amsterdam), 1653.
Oil painting by Emanuel de Witte (1617-1692) from the Museum Boijmans Van Beuningen collection via Wikimedia Commons.

One of the weird things about Britain, despite its being the birthplace of the Industrial Revolution, is that its financial infrastructure was for a long time remarkably backward. Its “Financial Revolution”, by which both people and the state began to borrow at ever lower interest rates, only really took off in the early eighteenth century — long after London’s extraordinary growth in 1550-1650, when it had suddenly expanded eightfold to become one of Europe’s most important commercial hubs. Indeed, even for much of the late seventeenth century, England lacked many of the most basic financial institutions that had been used for decades and decades by their most important rival and trading partner, the Dutch Republic.

I was especially intrigued when I stumbled across a discussion of Dutch policies and customs, written up in around 1665 by the young merchant Josiah Child, and published a few years later: a kind of wishlist of many of the things that made the Dutch so wealthy, and which the English continually failed to emulate:

  1. The Dutch councils of state and war always included merchants who had experience of trading and living abroad — Child was perhaps just angling for some influence here, but for all that merchants were getting more influential, in England they were not actually in charge.
  2. Gavel-kind succession laws, whereby all children got an equal share of their parents’ estates, rather than it all going to the eldest. English primogeniture, by contrast, apparently left a lot of gentlemen’s younger sons having to become apprenticed to merchants.
  3. High regulatory standards for goods. A barrel of Dutch-packed herring or cod would apparently be accepted by buyers just by viewing the marks, without having to open them up to check. English-packed goods, by contrast, were rarely trusted because the fish would turn out to be rotten or even missing — the English regulators’ stamps of approval were reputedly given to anyone who would pay.
  4. Encouragement for inventors of new products, techniques, and import trades, who received rewards from the state, and not just temporary monopoly patents.
  5. Ships, called fluyt, which were cheaper to build, required fewer sailors, and were easier to handle. Despite being only very lightly armed, they sailed in fleets for protection, when necessary being convoyed by ships of war. English trading ships, by contrast, were each heavily armed, but with those cannon taking up room and weight that could have been used for carrying merchandise.
  6. Education of all children, even girls, in arithmetic and keeping accounts. As Child put it, this infused in the Dutch “a strong aptitude, love, and delight” for commerce. It also meant that husbands and wives were real partners in many businesses — something that impressed almost all foreign visitors to the Netherlands.
  7. Low customs duties, but high consumption taxes. Very low customs duties, on both imports and exports, meant that it was often very profitable to trade with the Netherlands. The Dutch were famed for their many ships, and for their granaries bursting with grain, despite growing hardly any trees or crops themselves. To fund their state, they instead overwhelmingly relied on the gemene middelen — taxes on the sale of wine, beer, meat, fuel, candles, salt, soap, flour, cloth, and a host of other goods, with many of the higher rates reserved for expensive luxuries. Much like modern value-added taxes, these taxes on consumption raised revenue while preserving the all-important incentive to save and invest.
  8. Thrifty living — which, come to think of it, was probably related to the high consumption taxes, although Childs doesn’t seem to have noticed the connection. Dutch thrift was thought by the English to be especially useful because it allowed wage costs to be kept low — essential for maintaining competitiveness in international markets — while preventing the country having a trade deficit. The English always worried they were sending too much of their silver abroad to pay for French wines and other luxuries, but the Dutch appeared to have prevented this without resorting to import tariffs that might annoy trading partners and prompt retaliation.
  9. Religious toleration, which attracted all sorts of industrious immigrants to bring their families and wealth. (Incidentally, as I’ve mentioned before, this was also one of the key attractions of Livorno, set up by the Medici Dukes of Tuscany to be a major trading hub.)
  10. The use of the Law-Merchant, which meant that all controversies between merchants and tradesmen were decided in just 3 or 4 days’ time. England, rather strangely for such an increasingly commercial nation, did not develop merchant courts with a specific jurisdiction or a distinct body of merchant law — disputes instead had to be resolved in the royal common-law or equity courts, in the Admiralty court, or else abroad. The English courts, however, were often slow. Child complained that cases often took half a year, and often much longer. (Incidentally, slow and rotten justice in the Court of Chancery, the key equity court used by merchants in England, was one of the reasons Francis Bacon was impeached by Parliament and sacked as Lord Chancellor.)
  11. Transferrable bills of exchange — in other words, the circulation of credit notes as a currency. These were not properly supported by English laws, but allowed Dutch merchants to trade a lot more frequently. English merchants often had to wait some six months to a year before receiving all the coin from selling their foreign goods in London, so as to purchase goods again to make fresh trades. They spent much of their time chasing shopkeepers for payment. But the Dutch, by being able to easily buy and sell their credit notes, could “turn their stocks twice or thrice in trade”, immediately settling their accounts and making fresh purchases. (I intend to look into this in a lot more detail soon, as finding a way to bills of exchange transferrable in England appears to have been a major project for many of the mid-seventeenth-century inventors and improvers — after just a cursory glance, transferability was only secured in law as late as 1704.)
  12. Banks. Or rather, as Child actually put it, “BANKS”. In England many of the functions of banks gradually evolved from the practices of individual goldsmiths and the scriveners — legal clerks who specialised in property transfers and mortgages. There was certainly nothing so secure as the municipal Wisselbank of Amsterdam, established in 1609, which had various monopoly powers as a clearing-house for bills of exchange and was backed by a vault full of bullion. Nor the municipal Bank van Lening, established in 1614, which was a pawnbroker modelled on the Italian Monte di Pietà, or mounts of piety, designed to make small and low-cost loans to the poor.
  13. “PUBLIC REGISTERS” — again capitalised by Child — of all lands and houses sold or mortgaged. This item on the policy wishlist would not be ticked off for England until two centuries later, but the key advantage was to prevent lawsuits over land titles — still cited as a major problem even in the 1690s — and so make land more genuinely secure for mortgages.

Finally, the result of many of these policies was the Dutch had significantly lower interest rates — often just 3-4% when the English were still lending and borrowing at 6-8%. Indeed, this list was made because of a long-standing English policy debate I’ve been researching, on whether to lower the legal maximum rate of interest.

Garate Anitua y Cia “El Tigre” – Winchester 1892 Copy

Filed under: Europe, History, USA, Weapons — Tags: , , , , — Nicholas @ 02:00

Forgotten Weapons
Published 5 Jun 2016

Spain was historically a major center of patent infringement in firearms manufacture because its patent law left open a big loophole: patents were only enforceable if the patent holder actually manufactured their guns in Spain. The major European and American firearms manufacturers were not interested in setting up plants in Spain, and so their patents were not enforced there, leaving Spanish shops and factories legally free to copy them.

One of the more successful copies was the “El Tigre“, a clone of the Winchester 1892 lever action rifle made by Garate Anitua y Cia. Ironically, Garate actually registered their own patent on the design since Winchester hadn’t bothered to, and that patent was enforced, since Garate did make the guns in Spain. Their copy was chambered for the .44-40 Winchester cartridge, known in Spain as the .44 Largo. This made it compatible with many of the revolvers in the country of American, Spanish, and Belgian origin, and thus quite popular with a wide variety of groups. Rural citizen militias and the Guardia Civil both used significant numbers of El Tigre carbines. They were also fairly popular in the United States, as the cost was substantially lower than a true Winchester. Many Hollywood films and shows used them as less expensive prop guns, especially for scenes where guns would be handled roughly.

Despite their competitive cost, the El Tigres were actually quite good guns, and served their owners well.

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