Quotulatiousness

August 26, 2016

Standing up for free speech in Australia

Filed under: Australia, Law, Liberty, Media — Tags: — Nicholas @ 02:00

Tim Black explains how Brendan O’Neill got up the noses of “right-thinking” Australians this time:

On Q&A, the Australian Broadcasting Corporation’s flagship political panel show, spiked editor Brendan O’Neill once again prompted the right-thinking first to tweet their spleen, and then to fire off snarky op-eds. And the reason for the riling? Was it O’Neill’s criticism of the Australian state’s incarceration of migrants on the micro-island of Nauru, ‘a kind of purgatory, a limbo where aspiring migrants are stuck between a place they don’t want to be and a place they want to be’, as he described it? Or was it perhaps his criticism of pro-refugee campaigners, whom, as The Australian reports, O’Neill accused of ‘infantilising’ migrants, treating them as weak, helpless, other?

Nope, none of the above. What got up the nose of the unthinkingly politically correct was O’Neill’s attack on Section 18C of Australia’s Racial Discrimination Act, which prohibits speech ‘reasonably likely… to offend, insult, humiliate or intimidate another person or a group of people’ because of their ‘race, colour or national or ethnic origin’. Or, to put it another way: Brendan O’Neill defended free speech. And, it was this, this defence of one of the cornerstones of radical, liberal, enlightened thought, that outraged the nominally liberal and leftist.

Here’s what O’Neill said: ‘I love hearing hate speech because it reminds me I live in a free society.’ Got that? O’Neill loves hearing hate speech, not in itself, not because he just loves vitriol, as some of his detractors really seem to believe. No, he loves hearing it because of what hearing it means: namely, that we live in a society that is confident enough in itself, in its liberal values, that it can tolerate dissenting and hateful views. O’Neill then went on to explain why freedom of speech is precisely the mechanism through which we can challenge racism: ‘The real problem with Section 18C is it actually disempowers anti-racists by denying us the right to see racism, to know it, to understand it and to confront it in public. Instead it entrusts the authorities to hide it away on our behalf so we never have a reckoning with it.’

For anyone faintly familiar with a liberal and radical tradition of thought, from Voltaire to Frederick Douglass to Karl Marx, O’Neill’s argument shouldn’t be controversial: it is only through the airing of prejudice that it can be reckoned with. And it certainly shouldn’t be difficult to understand. But sadly it seems that, for too many, it is. To these, the liberal-ish and the right-on, it is an anathema, thought from another planet.

August 25, 2016

QotD: The rapid rise and equally rapid fall of the crime of Witchcraft

Filed under: Britain, Europe, France, History, Law, Quotations — Tags: , , , , , — Nicholas @ 01:00

For the 19th century liberal and historian of ideas William Lecky, the most striking fact about England and France in the 17th century was the decline of belief in the supernatural. And the most striking instance of this fact was the collapse of belief in witchcraft.

At the beginning of that century, belief in witchcraft had been universal and unchallenged. James VI of Scotland (1567-1625) was one of the most learned men of his day. He believed without question in witches, and was a notable persecutor. When he became King of England as well in 1603, he brought his policies with him. It was to gain favour with him that Shakespeare introduced the witchcraft theme into Macbeth.

James procured a law that punished witchcraft with death on first conviction, even though no harm to others could be proven. This law was carried in a Parliament where Francis Bacon was a Member.

The law was carried into effect throughout England, and was especially used during the interregnum years of the 1650s. In 1664, under the restored Monarchy, Sir Matthew Hale — one of the greatest jurists and legal philosophers of the age — presided over the trial of two alleged witches in Suffolk. He told the jury that there could be no doubt in the reality of witchcraft. He said:

    For first, the Scriptures had affirmed so much; and secondly, the wisdom of all nations had provided laws against such persons, which is an argument for their confidence of such a crime.

One of the witnesses called for the prosecution was Sir Thomas Browne, one of the most notable writers of the age. Appearing as a medical expert, he assured the jury “that he was clearly of opinion that the persons were bewitched.” They were convicted and hanged.

It was the same in France. In the town of St Claude, 600 persons were burnt in the early years of the century for alleged witchcraft and lycanthropy. In 1643, Cardinal Mazarin wrote to a bishop to congratulate him on his zeal for hunting out witches.

Yet, in 1667, Colbert, the chief minister of Louis XIV, directed all the magistrates in France to receive no more accusations of witchcraft. Those convictions still obtained he frequently commuted from death to banishment. By the end of the century, witchcraft trials had all but ceased.

In England, belief collapsed later, but even faster than in France. The last trial for witchcraft was in 1712. Jane Wenham, an old woman, was accused of the usual offences. The judge mocked the prosecution witnesses from the bench. When the jury convicted her against his directions, he made sure to obtain a royal pardon for the old woman and a pension.

Whatever the lowest reaches of the common people might still believe, belief in witchcraft had become a joke among the educated. And because of the tone they gave to the whole of society, disbelief spread rapidly beyond the educated. Anyone who tried to maintain its existence was simply laughed at. Laws that had condemned tens or hundreds of thousands to death, and usually to the most revolting tortures before death, were now sneered into abeyance.

We should expect that a change of opinion so immense had been accompanied by a long debate — something similar to the debates of the 19th century over Darwinism, or to the debates of the day over the toleration of nonconformity. Yet Lecky maintains that there was almost no debate worth mentioning. There were sceptics, like Montaigne, who disbelieved all accounts of the supernatural, or Hobbes, who was a materialist and atheist. But, while, book after book appeared in England during the late 17th century to defend the existence of witches and the need for laws against them, almost no one bothered to argue that witches did not exist. Lecky says:

    Several… divines came forward…; and they made witchcraft, for a time, one of the chief subjects of controversy. On the other side, the discussion was extremely languid. No writer, comparable in ability to Glanvil, More, Cudworth, or even Casaubon, appeared to challenge the belief; nor did any of the writings on that side obtain any success at all equal to that of [Glanvil].

Belief in witchcraft perished with hardly a direct blow against it. What seems to have happened, Lecky argues, is a change of world view in which belief in witches ceased to have any explanatory value. We live in a world where, orthodox religion aside, belief in the supernatural is confined to the uneducated or the stupid or the insane. But if we step outside the consensus in which we live, we should see that there is nothing in itself irrational about belief in the supernatural, nor even in witches. The belief is perfectly rational granted certain assumptions.

Let us assume that the world is filled with invisible and very powerful beings, that some of these are good and some evil, that some human beings are capable of establishing contact with these evil beings, and that some compact can be made in which the power of the evil beings is transferred to human control. Granting these assumptions, it becomes reasonable to ascribe great or unusual events to magical intervention, and that it should be the purpose of the law to check such intervention.

Now, the Platonic philosophies do accept the existence of such beings. That is how Plato reconciled his One Creator with the many gods of the Greek pantheon. This belief was taken over by the Church Fathers, who simply announced that the ancient gods were demons. It then continued into the 17th century. It seemed to explain the world. Doubtless, cases came to light of false accusations and of people convicted because they were ill rather than possessed by demons. But our own awareness of corrupt policemen and false convictions does not lead us to believe that there are no murderers and that murder should not be punished. So it was with witchcraft.

During the 17th century, however, the educated classes came increasingly to believe that the world operated according to known, impersonal laws, and that God — assuming His Existence — seldom interfered with the working of these secondary laws. In such a view of the world, the supernatural had no place. Belief in witchcraft, therefore, did not need opposition. It perished as collateral damage to the system of which it was a part.

Sean Gabb, “Epicurus: Father of the Enlightenment”, speaking to the 6/20 Club in London, 2007-09-06.

August 17, 2016

QotD: The Lifestyle Charity Fraud

Filed under: Law, Quotations, USA — Tags: , , , — Nicholas @ 01:00

For decades I have observed an abuse of charities that I am not sure has a name. I call it the “lifestyle” charity or non-profit. These are charities more known for the glittering fundraisers than their actual charitable works, and are often typified by having only a tiny percentage of their total budget flowing to projects that actually help anyone except their administrators. These charities seem to be run primarily for the financial maintenance and public image enhancement of their leaders and administrators. Most of their funds flow to the salaries, first-class travel, and lifestyle maintenance of their principals.

I know people first hand who live quite nicely as leaders of such charities — having gone to two different Ivy League schools, it is almost impossible not to encounter such folks among our alumni. They live quite well, and appear from time to time in media puff pieces that help polish their egos and reinforce their self-righteous virtue-signaling. I have frequently attended my university alumni events where these folks are held out as exemplars for folks working on a higher plane than grubby business people like myself. They drive me crazy. They are an insult to the millions of Americans who do volunteer work every day, and wealthy donors who work hard to make sure their money is really making a difference.

Warren Meyer, “The Lifestyle Charity Fraud”, Coyote Blog, 2016-08-04.

July 28, 2016

QotD: Turning sex into a crime

Filed under: Britain, Law, Quotations — Tags: , , — Nicholas @ 01:00

Rape is a serious crime: those convicted of it face a lengthy prison sentence. Sexual foolishness or stupidity should not be a crime, although its protagonists may well be deserving of moral censure. There is a line to be drawn between sex that is criminal and sex that lacks the criminal culpability to warrant a lengthy prison sentence. In recent years, that line has moved so that those who deserve the shameful tag “rapist” are now joined by some who do not.

The point was well made by the journalist Sarah Vine, who wrote of sexual behaviour that should not be criminalised: “Let’s face it, we’ve all done it at one time or another. Shared a cab home with someone we shouldn’t have; invited the wrong guy in for coffee. Unless you’re a saint, the chances of getting through life without making at least one disastrous sexual choice are very small.”

Acts of sexual foolishness or stupidity by men and women, particularly the young, have always happened. But, as Vine pointed out, “it used to be that women who made stupid mistakes with men, who had non-violent sexual encounters in dodgy circumstances — while drunk or otherwise intoxicated, in the heat of the moment or for a million other reasons — did not wake up the next morning and decide they had been raped. They took a shower, gave themselves a stern talking to, maybe told a friend about it , had a bit of a cry — and then moved on as best they could, vowing along the way never to end up in that kind of damn stupid situation again.” Likewise, men who made stupid sexual decisions would, in days gone by, have learnt from their mistakes, often as part of a process of growing up.

But today, to use Vine’s words, “there’s a far easier option” for the woman: “blame the bloke” by “crying rape”. And for the bloke there is now the stark scenario of being woken up not just with a splitting headache and a guilty conscience, but by a policeman’s knock on the door.

Jon Holbrook, “New rape laws: turning sex into a crime”, spiked!, 2015-02-12.

July 26, 2016

The “international sporting event” in “a major city in Brazil”

Filed under: Americas, Law, Media, Sports — Tags: , , , , — Nicholas @ 03:00

Every four years, the world’s media turn en masse to a new location for the summer Olympic Games. This time around the games event is in Rio de Janeiro a major city in Brazil. I’d give more details, but the IOC is determined to reserve as much of that information to themselves and their official sponsoring media partners:

As the Olympic Games approach, the tension between athletes and non-sponsors with the United States Olympic Committee and the International Olympic Committee has ratcheted up once again.

In recent weeks, the United States Olympic Committee sent letters to those who sponsor athletes but don’t have any sponsorship designation with the USOC or International Olympic Committee, warning them about stealing intellectual property.

“Commercial entities may not post about the Trials or Games on their corporate social media accounts,” reads the letter written by USOC chief marketing officer Lisa Baird. “This restriction includes the use of USOC’s trademarks in hashtags such as #Rio2016 or #TeamUSA.”

The USOC owns the trademarks to “Olympic,” “Olympian” and “Go For The Gold,” among many other words and phrases.

The letter further stipulates that a company whose primary mission is not media-related cannot reference any Olympic results, cannot share or repost anything from the official Olympic account and cannot use any pictures taken at the Olympics.

This isn’t really a new or surprising thing, as we had warnings about any discussion of the “‘international sporting event’ in ‘the capital of the United Kingdom'” back in 2012. More recently, Toronto’s Pan Am Games organizers did the same sort of trademarks-out-the-wazoo-and-lawyers-on-speed-dial stuff over their 2015 international sporting event in ‘a large city in Ontario’.

If nothing else, it gives me an excuse to not blog anything about those every-four-years international corruption championships…

Craft brewing has a growing trademark problem

Filed under: Business, Law, USA — Tags: , , , — Nicholas @ 02:00

At Techdirt, Timothy Geigner predicts that the craft beer market is getting close to trademark armageddon … they’re running out of punny names they can legally use for their beer:

With all the trademark actions we’ve seen taken these past few years that have revolved around the craft beer and distilling industries, it seems like some of the other folks in the mass media are finally picking up on what I’ve been saying for at least three years: the trademark apocalypse is coming for the liquor industries. It’s sort of a strange study in how an industry can evolve, starting as something artisan built on friendly competition and morphing into exactly the kind of legal-heavy, protectionist profit-beast that seems like the very antithesis of the craft brewing concept. And it should also be instructive as to how trademark law, something of the darling of intellectual properties in its intent if not application, can quickly become a major speed bump for what is an otherwise quickly growing market.

All of this appears to have caught the eye of Sara Randazzo, blogging at the Wall Street Journal, who notes that the creatively-named craft beers that have been spewing out of microbreweries across the country may be running out of those creative names.

    As today’s Wall Street Journal explores, legal disputes in the beer world are becoming the norm as new craft breweries spring up at a rate of roughly two per day. Trademark lawyers have gotten so used to the beer disputes that they are now turning on each other. Some dozen lawyers are contesting San Diego lawyer Candace Moon’s attempt to trademark the term “Craft Beer Attorney,” which she says she rightfully deserves.

Within the rest of the post, Randazzo highlights one dispute between craft brewers in order to give a sense of just how small these belligerent parties are. It’s a dispute that escaped even my radar, despite what has become something of my “beat” around Techdirt. Three professionals with day jobs decided to make a go at brewing craft beer and named their company Black Ops Brewing, the pun resting upon “hops” used in their beer, while also serving as a nod to their family members that served in the military. Three guys making beer, but the trademark dispute came almost immediately.

The problem is that once you’ve been granted a trademark, you have to defend it early and often or you’ll lose it. This means tiny companies with a couple of trademarked products are pretty much required to lawyer-up and threaten to go nuclear at the faintest hint of an infringement for fear they’ll lose the right that they’ve claimed. The gains from pursuing a possible infringement are usually tiny and the legal costs almost always outweigh any “winnings”, but the risks of not doing so are potentially huge. This is an example of a perverse incentive in law.

July 25, 2016

QotD: The Nac Mac Feegle

Filed under: Humour, Law, Quotations — Tags: , , — Nicholas @ 01:00

“They think written words are even more powerful,” whispered the toad. “They think all writing is magic. Words worry them. See their swords? They glow blue in the presence of lawyers.”

Terry Pratchett, The Wee Free Men, 2003.

July 13, 2016

Thirty years of corporate anti-harassment training has made no difference at all

Filed under: Business, Law, USA — Tags: , , — Nicholas @ 02:00

Amy Alkon on the not-very-surprising discovery of a recent US government Equal Employment Opportunity Commission study that after three decades of corporate anti-harassment training, no discernable difference in workplace harassment can be detected:

Anti-Harassment Training Doesn’t Work

But let’s keep it up so we can feel like we’re doing something. (More on that below.)

By the way, as I’ve written before, referencing the work of evolutionarily-driven law professor Kingsley Browne, men give each other shit — in the workplace and as a way of competing with each other.

Sure, there’s a point at which this can become toxic, but if you can’t take a joke or a bit of teasing, maybe you need to strengthen up so you can make it in the work world, as opposed to demanding that the work world conform to nursery school niceness standards.

Then again, you can always stay home and just care for the kiddies while your spouse braves those, “Hey, nice pants, dude!” jokes.

By the way, men’s competitiveness comes out of evolved sex differences — how men are the warriors (and competitors) of the species and are comfortable in competition with each other and with hierarchies in a way women are not.

Sex differences research Joyce Benenson explains that women group in “dyads” — twos — and are covert competitors, engaging in sniping and casting out any women who seem to stand out as better than the rest. (Women seem to have evolved to show vulnerabilities rather than strengths to other women in order to show they are trustworthy — which may be why women tend to be apologizers and put themselves down.)

July 5, 2016

QotD: A government reform proposal

Filed under: Government, Humour, Law, Quotations, USA — Tags: , — Nicholas @ 01:00

I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a [government] jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder’s deserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined. The flogged judge, or Congressman, or other jobholder, on being discharged from hospital — or his chief heir, in case he has perished — goes before a grand jury and makes a complaint, and, if a true bill is found, a petit jury is empaneled and all the evidence is put before it. If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that this punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course.

H.L. Mencken, “The Malevolent Jobholder”, The American Mercury, 1924-06.

June 27, 2016

QotD: The dangers of expanding the government’s power

Filed under: Government, Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 01:00

Urging vague and unconstrained government power is not how responsible citizens of a free society ought to act. It’s a bad habit and it’s dangerous and irresponsible to promote it.

This is not an abstract or hypothetical point. We live in a country in which arbitrary power is routinely abused, usually to the detriment of the least powerful and the most abused among us. We live in a country in which we have been panicked into giving the government more and more power to protect us from harm, and that power is most often not used for the things we were told, but to solidify and expand previously existing government power. We live in a country where the government uses the power we’ve already given it as a rationale for giving it more: “how can we not ban x when we’ve already banned y?” We live in a country where vague laws are used arbitrarily and capriciously.

Ken White, “In Support Of A Total Ban on Civilians Owning Firearms”, Popehat, 2016-06-16.

June 25, 2016

QotD: It’s a bad time to become a parent

Filed under: Law, Liberty, Quotations, USA — Tags: , , , — Nicholas @ 01:00

The title of this Time piece, “Parenting is Now Officially Impossible,” made me sit up. It’s true. Anything we do as parents can and may be used against us. It’s like living in a totalitarian state—we are not free to raise our kids as we see fit because we are being watched and judged. We make choices based on fear of busybodies and the authorities they can summon by punching three digits into their phone.

This surveillance society has become so normalized that yesterday I was listening to a June 9 episode of Marc Maron’s WTFpodcast where Marc and guest Daniel Clowes are chatting about their slacker ’70s parents. (It’s about 50 minutes in, if you want to hear it.) As they marvel at the freedom they had as kids, and some bad experiences, they agree that this kind of parenting was totally wrong. Unironically they concur, “You don’t let your kid get on the bus at 11 [years old]. Never! I would turn MYSELF into the police.”

Isn’t that phrasing remarkable? The idea, “Disapprove of a parent? Call 911,” has become so unquestioned, so automatic, that citizens don’t even realize they have been seduced into the role of Stasi.

Lenore Skenazy, “Busybodies and Complicit Cops Make It Impossible to Parent: When mistakes become crimes”, Reason, 2016-06-15.

June 3, 2016

QotD: “Free speech will always win”

Filed under: France, Law, Liberty, Media, Quotations — Tags: — Nicholas @ 01:00

I don’t make statements like this a lot, and I don’t really feel like engaging in a huge debate. But there’s something I need to say regarding Charlie Hebdo.

God knows I have little in common with the folks who died. I doubt we’d have agreed on very much. Looking over some of their work, I find myself rolling my eyes a lot.

But I do agree on at least one matter with them — they should be free to speak their minds without fear.

I saw this tweet attached to one of the cartoons responding to the massacre:

“Still mortified about our fallen cartoonist colleagues, but free speech will always win.”

No.

No it won’t.

The history of the human race demonstrates /very/ convincingly that free speech is the /exception/ to the human condition, not the rule. For millennia, those who spoke out were imprisoned or killed. Hell, you could say something that wasn’t even subversive, just inept and stupid, and be destroyed for committing the crime of lese majeste.

Make no mistake. What we have today is a level of freedom and self-determination on a scale unparalleled in the history of our species. We live in what is, in many ways, a golden age. So much so that we give tremendous credit to the adage, “The pen is mightier than the sword.”

But everyone always forgets the first half of that quote:

“Under the rule of men entirely great, the pen is mightier than the sword.”

I’m not sure I know of anyplace that’s ruled by anyone “entirely great.” That adage wasn’t a statement of philosophy, as it was originally used: it was a statement of irony.

Don’t believe me? Look around. Notice that everywhere you go in the world, whoever happens to be ruling seems to have a great many swords.

Still, the idea contained within the quote is a powerful one — that intangible ideas, thoughts, and beliefs can have tremendous power. And that’s why we should be paying close attention.

After all, intangible fear can be mightier than the sword, too. Hell, it has been for quite a while now. Don’t believe me? Try getting on an airplane without taking your shoes off in the security line. While you’re doing that, try cracking a joke about having a knife.

That’s the power of fear, guys.

We. Are. In. Danger.

Jim Butcher, “Freedom v Fear”, jimbutcher, 2015-01-07.

May 27, 2016

QotD: Teenage sex

Filed under: Law, Liberty, Quotations — Tags: , , , , , — Nicholas @ 01:00

A wise and cynical friend of mine once described the motivation behind puritanism as “the fear that someone might be fucking and getting away with it”. I think the subtext of the periodic public panics about teen sex has always been resentment that sexy young things just might be getting away with it — enjoying each others’ bodies thoughtlessly, without consequences, without pregnancy, without marriage, without “meaningful relationships”, without guilt, without sin.

The traditional rationalizations for adult panic about teen sex are teen pregnancy and STDs. But if teen pregnancy really had much to do with adult panic, anti-sex rhetoric would have changed significantly after reliable contraception became available. It hasn’t. Similarly, we don’t hear a lot of adult demand for STD testing in high schools. No; something else is going on here, something more emotional and deeper than pragmatic fears.

Conservatives and liberals alike are attached to the idea that sex ought to be controlled, be heavy, have consequences. The Judeo-Christian tradition of repression, which yokes sex to marriage and reproduction, is still powerful among conservatives. Liberals have replaced it with an ethic in which sex is OK when it is harnessed to building relationships or personal growth or therapy, but must always be undertaken with adult mindfulness.

Both camps are terrified of mindless sex, of hedonism, of the pure friction fuck. Lurking beneath both Judeo-Christian and secularized taboos is a fear that too much pleasure will damn us — or reduce us to the status of animals, so fixated on the drug of orgasm that we will become unfit for marriage and society and adult responsibility. What has not changed beneath contingent worries about pregnancy and STDs is the more fundamental fear that pleasure corrupts.

And beneath that fear lurks something uglier — the envy that dares not speak its name. The unpalatable truth is that a teenager’s “immature” hormone-pumped capacity to have lots of mindless sex makes adults jealous. The conscious line is that the kids have got to be stopped before they have more sex than is good for them — the unconscious line is that they’ve got to be stopped before they have more fun than we can stand.

Eric S. Raymond, “Teen Sex vs. Adult Resentment”, Armed and Dangerous, 2002-05-29.

May 26, 2016

QotD: The weaknesses of laws

Filed under: Law, Liberty, Quotations, Religion, USA — Tags: , , , , — Nicholas @ 01:00

The strange American ardor for passing laws, the insane belief in regulation and punishment, plays into the hands of the reformers, most of them quacks themselves. Their efforts, even when honest, seldom accomplish any appreciable good. The Harrison Act, despite its cruel provisions, has not diminished drug addiction in the slightest. The Mormons, after years of persecution, are still Mormons, and one of them is now a power in the Senate. Socialism in the United States was not laid by the Espionage Act; it was laid by the fact that the socialists, during the war, got their fair share of the loot. Nor was the stately progress of osteopathy and chiropractic halted by the early efforts to put them down. Oppressive laws do not destroy minorities; they simply make bootleggers.

H.L. Mencken, Editorial in The American Mercury, 1924-05.

May 20, 2016

QotD: The law and the US constitution

Filed under: Law, Politics, Quotations, USA — Tags: , , , — Nicholas @ 01:00

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 polygamy, astrology or cannibalism.

It is the aim of the Bill of Rights, if it has any remaining aim at all, to curb such prehensile gentry. Its function is to set a limitation upon their power to harry and oppress us to their own private profit. The Fathers, in framing it, did not have powerful minorities in mind; what they sought to hobble was simply the majority. But that is a detail. The important thing is that the Bill of Rights sets forth, in the plainest of plain language, the limits beyond which even legislatures may not go. The Supreme Court, in Marbury v. Madison, decided that it was bound to execute that intent, and for a hundred years that doctrine remained the corner-stone of American constitutional law.

H.L. Mencken, The American Mercury, 1930-05.

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