During almost every Supreme Court nomination battle, I try to make the same point: These fights wouldn’t be nearly so ugly if we didn’t invest so much power in the Supreme Court it shouldn’t have in the first place.
Until the Robert Bork nomination in 1987, Supreme Court fights were remarkably staid affairs. But by the late ’80s, the court had become a bulwark for all sorts of policies and laws that should rightly be in the portfolio of the legislative or executive branch, or, better, left to the various states. As a result, on any number of issues — most conspicuously abortion policy — the court became more important than the presidency or Congress. No wonder fights over Supreme Court appointments started to look more and more like political campaigns than debates over the finer points of judicial philosophy.
Jonah Goldberg, “Concentrated Power Inevitably Leads to Political Backlash”, Townhall.com, 2018-05-11.
August 26, 2020
QotD: The U.S. Supreme Court
August 24, 2020
Theodore Dalrymple reviews White Fragility by Robin DiAngelo and How to Be an Antiracist by Ibram X. Kendi
The two books share many characteristics, says the good doctor (in his “Anthony Daniels” guise), and the most noteworthy is a shared hectoring tone:
DiAngelo’s book displays a curious admixture of influences: the Chinese Cultural Revolution, Jimmy Swaggart, Freudian psychoanalysis, and Uriah Heep, the four of them being present in approximately equal proportion.
DiAngelo has apparently made a career of anti-racist struggle sessions in which ordinary employees of various organizations must confess publicly to their racism however hidden it might be, as university professors, primary school teachers, doctors working in slums, etc., had once in China to confess to bourgeois propensities and counter-revolutionary ideas. They may never have uttered a racist sentiment, they may never have been rude to a person of another race, let alone violent towards one, they may have friends of other races or even be married to a person of another race, but they carry racism deep within them like Original Sin, with this difference: there can be no redemption from it even after having read DiAngelo’s book and attended her struggle sessions. Personally, I should not be at all surprised if the end result of all her efforts, at least among the men she has “trained” (which is to say tried to indoctrinate), was to have acted as a recruitment officer for the Ku Klux Klan.
After thirty years of constant work of supposedly anti-racist training, she confesses — like the tearful Jimmy Swaggart — to being still guilty of racism herself, promising to reform, although reform is ex hypothesi impossible because racism is in her society’s DNA, as it were. One is reminded of the type of psychoanalysis which after thirty years of hourly sessions four times a week fails to get to the root of the analysand’s problem, let alone solve it, because it doesn’t even know what the problem is. But failure is also an opportunity, because, like psychoanalysis, the more anti-racist training fails, the more it is needed. DiAngelo, all credit to her, has found an economic niche for herself for the rest of her life. One has a sneaking admiration for such entrepreneurs. They are the asset-strippers of the soul.
As for Uriah Heep, DiAngelo has obviously heard, read, marked, learned, and inwardly digested (as my teachers used to demand of me) David Copperfield. Her oleaginous approach to all “people of color,” as she coyly calls them, makes Uriah Heep seem positively blunt and straight-talking. DiAngelo regards all nonwhite people, ex officio, as being incapable of exaggeration or unjustified self-pity, let alone of lying. As well as being sycophantic, this is, to coin a word, racist, for one of the most important manifestations of free will, and therefore of humanity itself, is the capacity to lie. In effect, then, she regards “people of color” as infra-human truth-uttering mechanisms: they speak, therefore what they say is true. No critical faculties need be applied to what they say.
[…]
DiAngelo is a tremendous moral narcissist. This is shown by her use of the term “people of color.” Until page 31, I thought that it meant black, but on that page I learned that it meant non-white. She shows no interest in the question of whether the Japanese, Chinese, Indians, Burmese, Vietnamese, Cambodians, Austronesians, Amerindians, and Africans, et al., would all be delighted to be put in the same category, let alone interest in their many cultures. On page 33, we read:
White supremacy is more than the idea that whites are superior to people of color; it is the deeper premise that supports the idea — the definition of whites as the norm or standard of human, and people of color as a deviation from that norm.
Lumping non-white people together as “people of color” is precisely an instance of what she criticizes: this is what happens when moral rhetoric far outruns intelligence.
How to rectify a serious error the Founding Fathers made in the US Constitution
In the latest Libertarian Enterprise, L. Neil Smith suggests that despite his respect for the founding fathers, they made a couple of serious mistakes in drafting the Constitution and it needs fixing quickly:
Founders’ Mistake Number Two: lies in the enumeration of the powers of Congress, to wit:
“They [congress] 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.”
With those fifty-four words, the Founding Fathers gave birth to a permanent criminal class, as surely as the city councils of Seattle, Minneapolis. Philadelphia, New York, and Portland. Even “treason, felony, and breach of the peace” are for all practical purposes excepted, now, or three quarters of these miscreants would be languishing in prison. That heinous, stupid clause must be repealed or rewritten at once.
For many years, I have advocated reopening Alcatraz strictly for government criminals, although lately it occurs to me that Antarctica might be even better. Cash-poor Russia and the other two-for-a-nickel satrapies that lay claim to slivers of that frozen continent would give them up for thirty-seven cents and a good bus token. And I kind of like the ring of “McMurdo Sound Federal Penitentiary”.
But, as usual, I have, once again, digressed.
Another cure — with similar delightfully frostbitten consequences — might be to incorporate United States Code, Sections 241 and 242 directly into the Bill of Rights, probably as Amendment Zero. They establish the crimes of depriving folks of their rights “under color of law”, conspiring to deprive them of their rights under color of law, and prescribe extremely specific penalties.
To my knowledge, those laws are never properly applied, and that is a travesty and a tragedy. Make them an Amendment, and they might prove more effective. I would consider every American deprived of his or her rights to represent a separate punishable offense. How about three billion years in the freeze-dried slammer, Nancy, for your decades of malfeasance, misfeasance, nonfeasance, upfeasance, and downfeasance as a member in evil standing of the Viet Congress?
QotD: Progressive malevolent narcissism
This is what happens when malevolent narcissists don’t get slapped and thrown to the ground. The kind of psychology we’re seeing, over and over again, overwhelmingly from the left, is an exercise in bad faith, a fundamental dishonesty. It therefore isn’t amenable to correction with facts or debate, or appeals to reciprocity or some higher purpose. Tolerating such behaviour — and worse, deferring to it — will only encourage an escalation of vanity, malice and sociopathy. It may, however, be discouraged with reminders of physical consequences. Ideally, physical humiliation. A reminder that nasty little egos can be publicly broken.
These are people who will lie as readily as breathing in order to excuse their antisocial urges. They aren’t being obnoxious reluctantly, in desperation, or under duress. They harass, provoke and delight in domination because it gives them pleasure. It makes them feel important and powerful. Power being conceived solely as power over others. It’s a focus for their spite. Anything else is a fig leaf, a pretext. Among Portland’s identikit radicals, the ones exulting in the alarm and misery of others, there is no good faith. And so, you can’t engage with such creatures on their own ostensible terms.
David Thompson, “Shamelessly, He Quotes Himself”, David Thompson, 2020-08-22.
August 23, 2020
The right of asylum
Tim Worstall is writing here about the situation in the United Kingdom, with would-be asylum claimants risking their lives to cross the English Channel so they can legally claim asylum in Britain, but exactly the same situation should apply with claimants entering Canada from the United States:

An asylum seeker, crossing the US-Canadian border illegally from the end of Roxham Road in Champlain, NY, is directed to the nearby processing center by a Mountie on 14 August, 2017.
Photo by Daniel Case via Wikimedia Commons.
Everyone at even risk – let alone reality – of substantial discrimination in their home country has the right, the right, to asylum. This is one of those international things that we should indeed agree with too. Few of us have anything but contempt for those who wouldn’t let Holocaust fleeing Jews (and or gypsies, gays, whatever, it’s just that we have substantial documented evidence about Jews who were turned away) tarnish their national doormats. Few of us think those who abused such limitations are anything but heroes. I even know of one monk who married Jewesses multiple times to bring them out by train. Umm, married multiple people, not one many times. People working within the too restrictive rules even gave us one of the finest moments of TV ever.
So, asylum, good thing.
And here’s the next thing. That right is restricted. To claiming it in the first safe place you get to. This has some oddities, if you leave Sudan by plane and step off at Heathrow then the UK is where you can – righteously – claim asylum. If you come by land then you have passed through many safe places before reaching the UK. You don’t have the right to asylum in the UK and, to be strict about it, don’t even have the right to apply.
So, people drowning in the Channel because they have to make their asylum application once in the UK? This could be true of those who are being oppressed in France. It’s not true of anyone not being oppressed in France. So there is not that need to take the open boat the 26 miles.
Sure, there’s the desire, we all understand that. But that’s a desire, not a right to asylum.
Here in Canada, we had this arrangement with the American government under the Canada-United States Safe Third Country Agreement, which our Federal Court struck down last month — incorrectly, in my opinion — as being in violation of section 7 of the Canadian Charter of Rights and Freedoms. The court allowed six months for the federal government to act, but as we all know, the federal government is unlikely to do anything as politically radioactive as passing legislation that could — and would — be seen as anti-refugee.
August 22, 2020
Creoles, Kaintucks, and the Culture War of Early New Orleans (feat. The Cynical Historian)
Atun-Shei Films
Published 21 Aug 2020For #ProjectFrance, I collaborated with @The Cynical Historian to teach y’all about the cosmopolitan cultural exchange between revolutionary France and a country called the United States of America in the late 18th and early 19th century. In this video, I discuss the contentious relationship between Anglo-Americans and French Creoles in New Orleans in the years after the Louisiana Purchase.
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Twitter ► https://twitter.com/atun_shei~REFERENCES~
[1] Lo Faber. “Anglo-Americans” (2018). 64Parishes https://64parishes.org/entry/anglo-am…
[2] Richard Campanella. Bienville’s Dilemma: A Historical Geography of New Orleans (2008). University of Louisiana at Lafayette, Page 170-171
[3] Peter J. Kastor. “Louisiana Purchase and Territorial Period” (2018). 64Parishes https://64parishes.org/entry/louisian…
[4] Daniel Rasmussen. American Uprising: The Untold Story of America’s Largest Slave Revolt (2011). Harper Perennial, Page 16
[5] Kimberly S. Hanger. Bounded Lives, Bounded Places: Free Black Society in Colonial New Orleans, 1769-1803 (1997). Duke University Press, Page 54-56
[6] Mary Gehman. The Free People of Color of New Orleans (2009). Sheridan Books, Page 49-51
[7] Rasmussen, Page 159-163
QotD: Sex-differentiated status hierarchies
Jordan Peterson had this to say about sex-differentiated status hierarchies:
Girls can win by winning in their own hierarchy — by being good at what girls value, as girls. They can add to this victory by winning in the boys’ hierarchy. Boys, however, can only win by winning in the male hierarchy. They will lose status, among girls and boys, by being good at what girls value. It costs them in reputation among the boys, and in attractiveness among the girls. Girls aren’t attracted to boys who are their friends, even though they might like them, whatever that means. They are attracted to boys who win status contests with other boys.
“whatever that means”. Heh. Shivvy way to say, “which means nothing”.
When JP discusses sex differences, he could be reading CH posts. Whatever one thinks of the criticisms leveled against him (some are valid), he does have a decent grasp of the sexual market and how men and women navigate divergent routes through an ocean of mate prospects to get what they want.
However, this is one of the rare instances when I disagree with his premise. He’s generally correct that, at least within the bounds of our current cultural arrangement, women have two status hierarchies available to them while men only have one. Our gynarcho-tyranny not only encourages but aggressively impresses upon women the urgency and even moral duty of succeeding in male domains (leaning in), while simultaneously encouraging men to sacrifice their status within their own male domains to make way for more women (and consequently rendering themselves less sexually attractive to women who are now their equal or higher in social status).
Women who do succeed in the man’s world can expect to ascend the intrafemale status ladder (more precisely, the intra-feminist status ladder), but where JP is wrong is assuming these women don’t also suffer an SMV status loss the near-equivalent of the SMV status loss suffered by men who succeed at girlie games of one-uppance.
Just as girls aren’t attracted to effeminate males, and other men are repulsed by nancyboys, the inverse is as true: men aren’t attracted to masculine, status-striving girls, and other women don’t subconsciously look up to mouthy careerist shrikes with the same mix of envy and admiration that they look up to physically beautiful women.
CH, “Sex-Based Status”, Chateau Heartiste, 2018-06-04.
August 21, 2020
Virtuesplaining Blazing Saddles
Paul du Quenoy says that Mel Brooks is cancelled after all:
It seems like only yesterday that HBO Max, the financially troubled American cable television network’s new film streaming service, signalled its virtue by removing Gone With The Wind from viewing so that the classic film could be properly “contextualised” as what presenter and University of Chicago film professor Jacqueline Stewart calls “a prime text for examining expressions of white supremacy in popular culture”. She believes this is useful for the “re-education” of audiences who might otherwise stray into thoughtcrime.
Mel Brooks’s smash hit 1974 comedy Blazing Saddles, which seems to have been added to HBO Max since the Gone With The Wind dust up and is known for its liberal use of the feared and loathed “n-word”, arrived with a similarly patronising disclaimer already installed. In a three-minute introduction that apparently cannot be skipped over, Stewart is there again, this time to inform viewers that “racist language and attitudes pervade the film”, while instructing them that “those attitudes are espoused by characters who are portrayed here as explicitly small-minded, ignorant bigots … The real, and much more enlightened, perspective is provided by the main characters played by Cleavon Little and Gene Wilder”.
Thanks, Aunt Jacqueline. If you have not seen Blazing Saddles – and if you are under the age of forty there is an excellent chance some prudish authority figure sanitised it out of your cosseted millennial existence – it stands as one of the greatest, and the certainly the funniest, anti-racist films of all time. Based on a story by Andrew Bergman, Brooks conceived it as a scathing send-up of racism and the hypocrisy that still enabled it after the great civil rights victories of the 1960s. Brooks’s idiom was a parody of the classic Western, by then an exhausted genre that had, among other flaws, become inanely predictable and was much criticised for leaving out minorities. A landmark of American film, Blazing Saddles was selected in 2006 for inclusion in the US National Film Registry, which recognises “culturally, historically, or aesthetically significant films” worthy of preservation.
Drenched in hilarity – and by my count using the “n-word” 17 times in its 93-minute run – the plot involves a conspiracy by an avaricious U.S. state attorney general who wants to drive white settlers off land he needs to complete a profitable railroad project. After having outlaws wreak mayhem on the townspeople, he recommends that the governor appoint a black sheriff to restore law and order, cynically assuming that their racism will cause them to reject the new lawman and give up. Despite a rough initial reception, the sheriff outwits attempts to get rid of him and, with the help of a washed up but sympathetic alcoholic gunslinger, leads the townspeople to victory, winning their love and respect before moving on to other brave deeds.
While HBO no longer wants to risk having its paying customers think for themselves (and what stale corporate outfit uneasily transitioning to a crowded new market wouldn’t?), it could rightly be said that anyone dumb enough to miss the film’s message might be a recent product of Anglo-American higher education. I do not mean this at all facetiously. Decaying and run by a self-important clerisy whose demands to be taken seriously only become shriller as it declines in reach and vitality – and from which any participant can be dismissed for even the slightest speech or behavioural infraction – academia naturally discourages humour. Jokes, which can almost always cause some kind of offence, are simply too risky to be told or laughed at, even in private. Finding the wrong thing funny can invite career-hobbling accusations that one has demeaned a student or colleague and thereby made them feel unacceptably “uncomfortable” or even physically “unsafe”. Perceived flippancy bruises sanctified “professional seriousness” in a way tantamount to sacrilege. The only tolerated exceptions are a kind of solemn irony that offers comfort in coping with academia’s increasing irrelevance and a resigned gallows humor about its ever more limited prospects.
August 20, 2020
August 19, 2020
He calls it “unintended consequences”. I disagree … these consequences are very much intended
Brad Polumbo is being far too generous to Californian politicians by saying the impending collapse of the state’s entire gig economy was not the intended result of passing “worker protection” laws that penalized success:

UBER 4U by afagen is licensed under CC BY-NC-SA 2.0
This Friday, Uber and Lyft are set to entirely shut down ride-sharing operations in California. The businesses’ exit from the Golden State will leave hundreds of thousands of drivers unemployed and millions of Californians chasing an expensive cab. Sadly, this was preventable.
Here’s how we got to this point.
In September of 2019, the California state legislature passed AB 5, a now-infamous bill harshly restricting independent contracting and freelancing across many industries. By requiring ride-sharing apps such as Uber and Lyft to reclassify their drivers as full employees, the law mandated that the companies provide healthcare and benefits to all the drivers in their system and pay additional taxes.
Legislators didn’t realize the drastic implications their legislation would have; they were simply hoping to improve working conditions in the gig economy. The unintended consequences may end up destroying it instead.
Here’s why.
AB 5 went into effect in January, and now, a judge has ordered Uber and Lyft to comply with the regulation and make the drastic transformation by August 20. Since compliance is simply unaffordable, the companies are going to have to shut down operations in California.
Their entire business model was based upon independent contracting, so providing full employee benefits is prohibitively expensive. Neither Uber nor Lyft actually make a profit, and converting their workforce to full-time employees would cost approximately $3,625 per driver in California. As reported by Quartz, “that’s enough to boost Uber’s annual operating loss by more than $500 million and Lyft’s by $290 million.”
Essentially, California legislators put these companies in an impossible position. It makes perfect sense that they’d leave the state in response. It’s clear that despite the good intentions behind the ride-sharing regulation, this outcome will leave all Californians worse off.
August 18, 2020
Political polarization, or why Liberals and Conservatives really don’t understand each other
John Miltimore discusses the findings of Jonathan Haidt on the differences in moral worldviews of conservative and liberal Americans which seem to explain why communication across the political “aisle” is so difficult:

Jonathan Haidt at the Miller Center of Public Affairs in Charlottesville, Virginia on 19 March, 2012.
Photo via Wikimedia Commons.
During a TED talk a number of years ago, Haidt shared his discovery that contrary to the idea that humans begin as a blank slate — “the worst idea in all psychology,” he says — humans are born with a “first draft” of moral knowledge. Essentially, Haidt argues, humans possess innate but malleable sets of values “organized in advance of experience.”
So if the slate is not blank, what’s on it?
To find out, Haidt and a colleague read the most current literature on anthropology, cultural variations, and evolutionary psychology to identify cross-cultural matches. They found five primary categories that serve as our moral foundation:
- Care/harm: This foundation is related to our long evolution as mammals with attachment systems and an ability to feel (and dislike) the pain of others. It underlies virtues of kindness, gentleness, and nurturance.
- Fairness/reciprocity: This foundation is related to the evolutionary process of reciprocal altruism. It generates ideas of justice, rights, and autonomy. [Note: In our original conception, Fairness included concerns about equality, which are more strongly endorsed by political liberals. However, as we reformulated the theory in 2011 based on new data, we emphasize proportionality, which is endorsed by everyone, but is more strongly endorsed by conservatives.]
- Loyalty/betrayal: This foundation is related to our long history as tribal creatures able to form shifting coalitions. It underlies virtues of patriotism and self-sacrifice for the group. It is active anytime people feel that it’s “one for all, and all for one.”
- Authority/subversion: This foundation was shaped by our long primate history of hierarchical social interactions. It underlies virtues of leadership and followership, including deference to legitimate authority and respect for traditions.
- Sanctity/degradation: This foundation was shaped by the psychology of disgust and contamination. It underlies religious notions of striving to live in an elevated, less carnal, more noble way. It underlies the widespread idea that the body is a temple which can be desecrated by immoral activities and contaminants (an idea not unique to religious traditions).
[…]
What Haidt found is that both conservatives and liberals recognize the Harm/Care and Fairness/Reciprocity values. Liberal-minded people, however, tend to reject the three remaining foundational values — Loyalty/betrayal, Authority/subversion, and Sanctity/degradation — while conservatives accept them. It’s an extraordinary difference, and it helps explain why many liberals and conservatives in America think “the other side” is bonkers.
Jamestown v. Plymouth: Where is America’s Hometown?
Atun-Shei Films
Published 11 Feb 2020With the help of the Witchfinder General, I examine the historical mythology surrounding Jamestown and Plymouth, the first two permanent English colonies in the continental United States. Can we confidently point to the founding of these two settlements as the origin of American identity and culture? No, thou knave!
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August 16, 2020
Surviving the surrender of Japan as allied Prisoners of War
Seventy-five years ago, the war in the Pacific had ended with the surrender of Japanese imperial forces after the atomic bombing attacks at Hiroshima and Nagasaki. The war may have technically ended, but there was still plenty of danger for the surviving POWs in various camps around the Japanese home islands. George MacDonnell was a Canadian soldier who had been captured in the fall of Hong Kong early in the Japanese swathe of conquest that engulfed so many areas. He had been held as a slave labourer at a prison camp in the mountains of northern Honshu in Iwate Prefecture. In Quillette, he tells how his captivity came to an end:
It was noon on August 15th, 1945. The Japanese Emperor had just announced to his people that his country had surrendered unconditionally to the Allied Powers.
To those of us being held at Ohashi Prison Camp in the mountains of northern Japan, where we’d been prisoners of war performing forced labour at a local iron mine, this meant freedom. But freedom didn’t necessarily equate to safety. The camp’s 395 POWs, about half of them Canadians, were still under the effective control of Japanese troops. And so we began negotiating with them about what would happen next.
Complicating the negotiations was the Japanese military code of Bushido, which required an officer to die fighting or commit suicide (seppuku) rather than accept defeat. We also knew that the camp commander — First Lieutenant Yoshida Zenkichi — had written orders to kill his prisoners “by any means at his disposal” if their rescue seemed imminent. We also knew that we could all easily be deposited in a local mine shaft and then buried under thousands of tons of rock for all eternity without a trace.
We had no way of notifying Allied military commanders (who still hadn’t landed in Japan) as to the location of the camp (about a hundred miles north of Sendai, in a mountainous area near Honshu’s eastern coast), whose existence was then unknown. Because of the devastating American bombing, Japan’s cities had been reduced to rubble, its institutions were in chaos, and millions of Japanese were themselves close to starvation, much like us. The camp itself had food supplies, such as they were, for just three days.
Lieut. Zenkichi seemed angry, and felt humiliated by the surrender. Yet he appeared willing to negotiate our status. And after some stressful hours, we reached an agreement: The Japanese guards would be dismissed from the camp, while a detachment of Kenpeitai (the much feared Military Police) would provide security for Zenkichi, who would confine himself to his office.
To our delight, the local Japanese farmers were friendly, and agreed to give us food in exchange for some of the items we’d managed to loot from the camp’s remaining inventory — though, unfortunately, not enough to feed the camp. Meanwhile, through a secret radio we’d been operating, we learned that the Americans were going to conduct an aerial grid search of Japan’s islands for prison camps. We followed the broadcasted instructions and immediately painted “P.O.W.” in eight-foot-high white letters on the roof of the biggest hut.
Two days later, with all of our food gone, we heard a murmur from the direction of the ocean. The sound turned into the throb of a single-engine airplane flying at about 3,000 feet altitude. Then, suddenly he was above us — a little blue fighter with the white stars of the US Navy painted on its wings and fuselage. But the engine noise began to fade as he went right past us. Please, God, I thought — let him see our camp.












