I’ve been reading Gordon Wood’s Empire of Liberty (2009), the best one-volume history of the very early American republic in the years between the enactment of the Constitution and the end of the War of 1812. In many ways, I notice, this story has the structure of an enormous joke. The American revolution was wrought by wealthy landowners, many of whom hoped to reproduce the hierarchical, agrarian lifestyle of the English countryside in the New World. These people became the early Federalists: they largely wanted to mimic the world of old Europe, only with themselves on top as rentiers, eschewing labour and trade alike.
But they had sown the wind. The commercial and intellectual forces they set in motion created a new, chaotic, competitive, egalitarian kind of society. And one way this manifested itself was as a media crisis. The Revolution overthrew all established authority, or tended to, and created the conditions for an unfamiliar kind of unregulated, rampant press — an ecosystem full of lies, partisanship, personal abuse, and scurrility.
Even those who made sneaky use of this new system, like Thomas Jefferson, left testimonies to their overall exhaustion and confusion as literate, curious people. You get the impression that being a reader in that time and place, with rumours of wars and tales of corruption zinging around, was hard work.
Colby Cosh, “In 2017, when the shooting stops, the media warfare begins”, National Post, 2017-02-02.
January 2, 2019
QotD: The early United States
December 31, 2018
7 Things You Should Know About Free Speech in Schools: Free Speech Rules (Episode 1)
ReasonTV
Published on 13 Dec 2018Watch the first episode of Free Speech Rules, a new video series on free speech and the law. The first episode looks at the seven things you should know about how the First Amendment is applied in schools, from black armbands to ‘Bong Hits 4 Jesus.’
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—————-Watch the first episode of Free Speech Rules, a new video series on free speech and the law that’s written by Eugene Volokh, the Gary T. Schwartz Distinguished Professor of Law at UCLA, and the co-founder of the Volokh Conspiracy, which is hosted at Reason.com.
The first episode looks at the seven things you should know about how the First Amendment is applied in schools:
1) Political and religious speech is mostly protected.
Students, from first grade to twelfth, can’t be punished based on their political or religious speech. As the Supreme Court ruled in Tinker v. Des Moines Independent Community School District: “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gates.”2) Disruptive speech is not protected.
Schools can punish speech that “materially disrupts schoolwork” — for instance, because it prompts fights.3) Vulgar or sexual speech is not protected.
Schools can also punish students for using vulgarities or sexual innuendos.4) Praising drugs is not protected.
Schools can punish speech that seems to praise drug use, and probably also alcohol use and other crimes, at least when the speech doesn’t seem political.5) Official school newspapers are the school’s own speech.
Courts see the newspaper as the school’s own speech, even if students are the ones who write it.6) This only applies to public schools.
Under the so-called “state action doctrine,” the First Amendment doesn’t limit private schools, even those that get tax breaks or government funds.7) California is different. Some states, like California, have passed laws that provide more protection to students.
Written by Eugene Volokh, a First Amendment law professor at UCLA.
Produced and edited by Austin Bragg, who is not. This is not legal advice.
If this were legal advice, it would be followed by a bill.
Please use responsibly.
December 30, 2018
The US federal government “shutdown”
One of the things you quickly notice when there’s a public service cutback is that the cutbacks are always directed to the parts of that organization that interact with the public. The idea being that if the public are seriously inconvenienced by lack of service — I mean more than they ordinarily are, anyway — they’ll raise an outcry and the politicians will be forced to rollback the cuts. This is standard practice because, as a rule, it works fairly well. The current US federal government “shutdown” is a bit of an outlier here, because very few members of the public interact with federal employees between Christmas and New Year, and the ones that they do encounter are (mostly) still on the job. Even those who are not on the job due to the shutdown will eventually be paid for the time they didn’t work, so there are few monetary savings happening: probably the reverse, as the government will be racking up charges for services they’ve contracted for but won’t use during the disruption, and there may well be penalty clauses written into the contracts.
Colby Cosh discusses the oddity of American government shutdown kabuki theatre:
As occasionally happens, the U.S. government is now “shut down” as a consequence of a conflict over budget appropriations between the president and the Congress. Except, of course, it isn’t anything of the sort. Otherwise we Canadians would be meeting with other functioning states to decide what pieces of the United States to break off for ourselves, the way European powers used to do with Poland from time to time. (Newspaper ethics forbid me from publishing a web address for my $29.95 “Make Maine Canada Again” hats.)
The “essential” parts of the U.S. federal government, including the bits that guarantee the territorial integrity of the country, always keep on trucking through these “shutdowns.” (The National Guard is sometimes affected, but on this occasion the Guard has been taken care of by a spending bill that passed in October.) Social Security and Medicare roll on unimpeded. The functions of government that get held up are the ones whose delay or abandonment cause inconvenience — albeit serious, economically harmful inconvenience — rather than anarchy.
If you grow curious about these American “shutdowns,” perhaps because they did not happen before 1981 and do not really happen anywhere else, you discover that this kabuki-like feature is not really a coincidence. As much as Congress and the president may fight very earnestly over things like border walls, they have a common interest in the overall health of the state.
The U.S. Constitution says that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” This is a shared element of America’s legal DNA and the British Empire’s: U.S. government shutdowns are, in a weird way, a distant echo of early-modern money struggles betwixt King and Parliament. Westminster-style governments, however, have evolved so as to minimize the possibility of ugly standoffs between the executive and the legislature. The U.S., not so much.
QotD: The national honour
The Greek historian Thucydides argued that countries go to war for three reasons: honor, fear and interest. He put honor first, and yet that is probably the least appreciated aspect of foreign policy today. Historian Donald Kagan, in his essay “Honor, Interest, Nation-State,” recounts how since antiquity, nations have put honor ahead of interest. “For the last 2,500 years, at least, states have usually conducted their affairs and have often gone to war for reasons that would not pass the test of ‘vital national interests’ posed by modern students of politics.”
“On countless occasions,” he continues, “states have acted to defend or foster a collection of beliefs and feelings that ran counter to their practical interests and have placed their security at risk, persisting in their course even when the costs were high and the danger was evident.”
Americans instinctively understand this when our own honor is at stake. The rallying cry during the Barbary Wars, “Millions for defense, but not one cent for tribute,” has almost become part of the national creed. I am no fan of Karl Marx, but he was surely right when he observed that “shame is a kind of anger turned in on itself. And if a whole nation were to feel ashamed it would be like a lion recoiling in order to spring.”
Both the first and second world wars cannot be properly understood without taking the role national honor plays in foreign affairs. Similarly, Vladimir Putin’s constant testing of the West only makes sense when you take into account the despot’s core conviction that the fall of the Soviet Union was a blow to Russian prestige and honor.
Jonah Goldberg, “Humiliating Mexico Over Border Wall Would Be a Big Mistake”, TownHall.com, 2017-01-27.
December 29, 2018
Tank Chats #39 Sherman M4A1 “Michael” | The Tank Museum
The Tank Museum
Published on 16 Jun 2017In the 39th Tank Chat, David Fletcher looks at one of the very first Shermans produced – ‘Michael’ an M4A1.
The tank was named MICHAEL in honour of Michael Dewar and when it arrived in London it was displayed on Horse Guards Parade as the first Sherman tank to be delivered under the Lend-Lease scheme. In Britain the tank was christened the Sherman and this is almost certainly the oldest example of a Sherman tank to survive.
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December 27, 2018
QotD: The deep state
The deep state is no myth but a sodden, intertwined mass of bloated, self-replicating bureaucracy that constitutes the real power in Washington and that stubbornly outlasts every administration. As government programs have incrementally multiplied, so has their regulatory apparatus, with its intrusive byzantine minutiae. Recently tagged as a source of anti-Trump conspiracy among embedded Democrats, the deep state is probably equally populated by Republicans and apolitical functionaries of Bartleby the Scrivener blandness. Its spreading sclerotic mass is wasteful, redundant, and ultimately tyrannical.
I have been trying for decades to get my fellow Democrats to realize how unchecked bureaucracy, in government or academe, is inherently authoritarian and illiberal. A persistent characteristic of civilizations in decline throughout history has been their self-strangling by slow, swollen, and stupid bureaucracies. The current atrocity of crippling student debt in the US is a direct product of an unholy alliance between college administrations and federal bureaucrats — a scandal that ballooned over two decades with barely a word of protest from our putative academic leftists, lost in their post-structuralist fantasies. Political correctness was not created by administrators, but it is ever-expanding campus bureaucracies that have constructed and currently enforce the oppressively rule-ridden regime of college life.
In the modern world, so wondrously but perilously interconnected, a principle of periodic reduction of bureaucracy should be built into every social organism. Freedom cannot survive otherwise.
Camille Paglia, “Hillary wants Trump to win again”, Spectator USA, 2018-12-04.
December 25, 2018
Repost – “Fairytale of New York”
Time:
“Fairytale of New York,” The Pogues featuring Kirsty MacColl
This song came into being after Elvis Costello bet The Pogues’ lead singer Shane MacGowan that he couldn’t write a decent Christmas duet. The outcome: a call-and-response between a bickering couple that’s just as sweet as it is salty.
December 23, 2018
Repost – “Merry Christmas” versus “Happy Holidays” versus “Happy Midwinter Break”
L. Neil Smith on the joy-sucking use of terms like “Happy Midwinter Break” to avoid antagonizing the non-religious among us at this time of year:
Conservatives have long whimpered about corporate and government policies forbidding employees who make contact with the public to wish said members “Merry Christmas!” at the appropriate time of the year, out of a moronic and purely irrational fear of offending members of the public who don’t happen to be Christian, but are Jewish, Muslim, Hindu, Buddhist, Sikh, Jain, Rastafarian, Ba’hai, Cthuluites, Wiccans, worshippers of the Flying Spaghetti Monster, or None of the Above. The politically correct benediction, these employees are instructed, is “Happy Holidays”.
Feh.
As a lifelong atheist, I never take “Merry Christmas” as anything but a cheerful and sincere desire to share the spirit of the happiest time of the year. I enjoy Christmas as the ultimate capitalist celebration. It’s a multiple-usage occasion and has been so since the dawn of history. I wish them “Merry Christmas” right back, and I mean it.
Unless I wish them a “Happy Zagmuk”, sharing the oldest midwinter festival in our culture I can find any trace of. It’s Babylonian, and celebrates the victory of the god-king Marduk over the forces of Chaos.
But as anybody with the merest understanding of history and human nature could have predicted, if you give the Political Correctness Zombies (Good King Marduk needs to get back to work again) an Angstrom unit, they’ll demand a parsec. It now appears that for the past couple of years, as soon as the Merry Christmases and Happy Holidayses start getting slung around, a certain professor (not of Liberal Arts, so he should know better) at a nearby university (to remain unnamed) sends out what he hopes are intimidating e-mails, scolding careless well-wishers, and asserting that these are not holidays (“holy days”) to everyone, and that the only politically acceptable greeting is “Happy Midwinter Break”. He signs this exercise in stupidity “A Jewish Faculty Member”.
Double feh.
Two responses come immediately to mind, both of them derived from good, basic Anglo-Saxon, which is not originally a Christian language. As soon as the almost overwhelming temptation to use them has been successfully resisted, there are some other matters for profound consideration…
December 22, 2018
5 British Christmas Phrases Not Used in America
Lost in the Pond
Published on 13 Dec 2016It’s that time of year again, folks: the decorations are up, the tree is down (I have cats), and Michael Bublé has emerged from his chrysalis. And so, what better time to give you a run down of all the British Christmas phrases not in wide use in America?
December 21, 2018
Repost – The Monkees – “Riu Chiu” HD (Official Music Video)
Uploaded on 15 Dec 2015
The Monkees perform “Riu Chiu” from Episode 47, “The Monkees’ Christmas Show”.
H/T to Kathy Shaidle for the link.
QotD: “Baby, it’s cold outside”
Speaking of immorality, MGM’s censors cut the wrong song. A few decades back, a young middle-class Egyptian spending some time in the US had the misfortune to be invited to a dance one weekend and was horrified at what he witnessed:
The room convulsed with the feverish music from the gramophone. Dancing naked legs filled the hall, arms draped around the waists, chests met chests, lips met lips …
Where was this den of debauchery? Studio 54 in the 1970s? Haight-Ashbury in the summer of love? No, the throbbing pulsating sewer of sin was Greeley, Colorado, in 1949. As it happens, Greeley, Colorado, in 1949 was a dry town. The dance was a church social. And the feverish music was “Baby, It’s Cold Outside,” as introduced by Esther Williams in Neptune’s Daughter. Revolted by the experience, Sayyid Qutb decided that America (and modernity in general) was an abomination, returned to Egypt, became the leading intellectual muscle in the Muslim Brotherhood, and set off a chain that led from Qutb to Zawahiri to bin Laden to the Hindu Kush to the Balkans to 9/11 to the brief Muslim Brotherhood takeover of Egypt to the Islamic State marching across Syria and Iraq. Indeed, Qutb’s view of the West is the merest extension of “Baby, It’s Cold Outside” — America as the ultimate seducer, the Great Satan.
I’m a reasonable chap, and I’d be willing to meet the Muslim Brotherhood chaps halfway on a lot of the peripheral stuff like beheadings, stonings, clitoridectomies and whatnot. But you’ll have to pry “Baby, It’s Cold Outside” from my cold dead hands and my dancing naked legs. A world without “Baby, It’s Cold Outside” would be very cold indeed.
Mark Steyn, “Baby, It’s Cold Outside”, Steyn Online, 2014-12-01.
December 19, 2018
Krampus – Christmas Demon – Extra Mythology
Extra Credits
Published on 17 Dec 2018Join the Patreon community! http://bit.ly/EMPatreon
Krampus’s name is growing popular in the United States, but most of us don’t really know what he does OR that he is partners with St. Nicholas himself. He is in fact just one of many Christmas demons…
December 17, 2018
American Jeep vs German Kübelwagen: Truck Face-Off | Combat Dealers
Quest TV
Published on 23 Oct 2018Bruce puts two iconic World War II trucks to the test: the iconic American Jeep and the German Kübelwagen. Which truck will come out on top? #CombatDealers
QotD: Woodrow Wilson’s repressive regime
Not surprisingly, such intellectual kindling was easy to ignite when World War I broke out. The philosopher John Dewey, New Republic founder Herbert Croly, and countless other progressive intellectuals welcomed what Mr. Dewey dubbed “the social possibilities of war.” The war provided an opportunity to force Americans to, as journalist Frederick Lewis Allen put it, “lay by our good-natured individualism and march in step.” Or as another progressive put it, “Laissez faire is dead. Long live social control.”
With the intellectuals on their side, Wilson recruited journalist George Creel to become a propaganda minister as head of the newly formed Committee on Public Information (CPI).
Mr. Creel declared that it was his mission to inflame the American public into “one white-hot mass” under the banner of “100 percent Americanism.” Fear was a vital tool, he argued, “an important element to be bred in the civilian population.”
The CPI printed millions of posters, buttons, pamphlets, that did just that. A typical poster for Liberty Bonds cautioned, “I am Public Opinion. All men fear me!… [I]f you have the money to buy and do not buy, I will make this No Man’s Land for you!” One of Creel’s greatest ideas – an instance of “viral marketing” before its time – was the creation of an army of about 75,000 “Four Minute Men.” Each was equipped and trained by the CPI to deliver a four-minute speech at town meetings, in restaurants, in theaters – anyplace they could get an audience – to spread the word that the “very future of democracy” was at stake. In 1917-18 alone, some 7,555,190 speeches were delivered in 5,200 communities. These speeches celebrated Wilson as a larger-than-life leader and the Germans as less-than-human Huns.
Meanwhile, the CPI released a string of propaganda films with such titles as The Kaiser, The Beast of Berlin, and The Prussian Cur. Remember when French fries became “freedom fries” in the run-up to the Iraq war? Thanks in part to the CPI, sauerkraut become “victory cabbage.”
Under the Espionage Act of 1917 and the Sedition Act of 1918, Wilson’s administration shut down newspapers and magazines at an astounding pace. Indeed, any criticism of the government, even in your own home, could earn you a prison sentence. One man was brought to trial for explaining in his own home why he didn’t want to buy Liberty Bonds.
The Wilson administration sanctioned what could be called an American fascisti, the American Protective League. The APL – a quarter million strong at its height, with offices in 600 cities – carried government-issued badges while beating up dissidents and protesters and conducting warrantless searches and interrogations. Even after the war, Wilson refused to release the last of America’s political prisoners, leaving it to subsequent Republican administrations to free the anti-war Socialist Eugene V. Debs and others.
Jonah Goldberg, “You want a more ‘progressive’ America? Careful what you wish for: Voters should remember what happened under Woodrow Wilson”, Christian Science Monitor, 2008-02-05.
December 13, 2018
When Democrats Loved Deregulation
ReasonTV
Published on 12 Dec 2018Left-leaning politicians of the 1970s understood that red tape punishes consumers and protects big business. The leading deregulator of that era was none other than Jimmy Carter.
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When President Donald Trump bragged in his first State of the Union address about cutting red tape, the Democratic response was no surprise. “Deregulation,” warned Center for American Progress Senior Advisor Sam Berger in Fortune, “is simply a code word for letting big businesses cut corners at everyone else’s expense.”But many leading Democrats had the opposite view in the 1970s. Then, at the dawn of the deregulation era, left-leaning politicians and economists understood that excessive government management of industry let the big-business incumbents get away with lousy performance at the expense of competitors, taxpayers, and consumers. The leading figure in that fight to cut red tape and shut down entire federal agencies was none other than Jimmy Carter.
It was Sen. Ted Kennedy who held extensive Senate hearings in the early ’70s, with testimony from the likes of Ralph Nader and liberal economist Alfred Kahn, about the benefits of lifting state controls on the airline industry. The resulting Airline Deregulation Act of 1978, signed by Carter, killed the Civil Aeronautics Board — a federal agency that decided which airlines could fly where, and even what they could charge. The new competition to the old airline cartel reduced fares, expanded destinations, increased safety, and made air travel an option for those of us who aren’t rich.
Carter also lifted stifling government oversight of the rail and trucking industries under a Democrat-controlled House and Senate. The result? Competition intensified, prices dropped, and consumers saved more money on everyday products.
In 1978, President Carter signed a bill that lifted Prohibition-era criminal restrictions on home brewing. The legalization of do-it-yourself beer production unleashed a boom of experimentation, paving the way for the craft beer revolution that is ongoing to this day. The year that Carter loosened the rules, the U.S. was home to a mere 50 breweries. Today there are well over 5,000. In two generations of beermaking, America went from global laughingstock to world leader.
The governor of California during Carter’s presidency was none other than Jerry Brown, then known as “Governor Moonbeam” for his far-out musings, glittery social life, and lefty politics. Yet Brown, too, could be a fiery skeptic of government. In his terrific second inaugural address in 1979, Brown stated that “many regulations primarily protect the past, prop up privilege or prevent sensible economic choices.”
But even while some sectors were unleashed four decades ago by far-seeing Democrats and Republicans alike, too many governments at the local, state, and federal levels have forgotten those lessons, and instead imposed entirely new categories of regulations. Occupational licensing, which applied to about one in 10 jobs 40 years ago, now impacts one in three.
So how did the party of Jimmy Carter and sideburns-era Jerry Brown become the ideological home of Elizabeth Warren and Alexandria Ocasio-Cortez? One explanation may be that Democratic support for deregulation back then was born out of a sense of nearly hopeless desperation in the face of stagflation. Cutting red tape to foster dynamism was about the last move politicians had left.
Our long economic expansion and stock-market boom will soon come to an end, imposing limits on government precisely at the moment when it’s asked to do more. When that day of reckoning comes, the best questions for lawmakers of both parties to ask may just be: What would Jimmy Carter do?
Photo credits: Jimmy Carter Library, Arthur Grace/ZUMA Press/Newscom, Dennis Brack/Newscom, Everett Collection/Newscom, Ron Sachs/CNP/MEGA/Newscom, Brian F. Alpert/ZUMA Press/Newscom, Paul Harris/Pacific Coast Nes/Newscom, Bee Staff Photo/ZUMA Press/Newscom, Dennis Brack/bb51/Newscom, Jonathan Bachman/REUTERS/Newscom, Rick Friedman/Polaris/Newscom
