Quotulatiousness

February 25, 2014

Lobbyist wants to ban gays from playing in the NFL

Filed under: Football, Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:28

This is the sort of story that wouldn’t be out of place in the 1970s, but seems to have come adrift in the timestream and for some reason shows up today:

Just when it appeared that a supposedly modern, progressive society is willing to accept people for who they are and not force them to pretend to be something they’re not, someone is trying to kick the pendulum sharply in the other direction.

According to The Hill, lobbyist Jack Burkman said Monday that he’s preparing legislation that would ban gay players from the NFL.

“We are losing our decency as a nation,” Burkman said in a statement. “Imagine your son being forced to shower with a gay man. That’s a horrifying prospect for every mom in the country. What in the world has this nation come to?”

One must assume that Burkman’s belief is, contra Chris Kluwe, sharing a shower room with a gay man will magically turn you into a “lustful cockmonster”.

February 11, 2014

Rand Paul on the Fourth Amendment

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 12:06

January 25, 2014

QotD: The US Constitution

Filed under: Humour, Liberty, Quotations — Tags: , , — Nicholas @ 11:31

SEEN ON FACEBOOK: “Maybe we should start emailing each other copies of the Constitution, so we can know that the government has read it.”

Glenn Reynolds, Instapundit, 2014-01-24.

December 23, 2013

QotD: Misunderstanding the First Amendment

Filed under: Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 07:29

1. The First Amendment protects you from government sanction, either directly (by criminal prosecution) or indirectly (when someone uses the government’s laws and the courts to punish you, as in a defamation action). It is currently in vogue to exclaim “NOBODY IS ARGUING OTHERWISE” when someone makes this point. Bullshit. People are consistently saying that private action (like criticism, or firings) violates the First Amendment, either directly or through sloppy implication. Promoting ignorance about our most important rights is a bad thing that we should call out, even when we’re currently upset about something. Our rights are under constant assault on multiple fronts, and when we encourage citizens to misunderstand them we make it easier for the government to whittle them away.

2. The phrase “the spirit of the First Amendment” often signals approaching nonsense. So, regrettably, does the phrase “free speech” when uncoupled from constitutional free speech principles. These terms often smuggle unprincipled and internally inconsistent concepts — like the doctrine of the Preferred+ First Speaker. The doctrine of the Preferred First Speaker holds that when Person A speaks, listeners B, C, and D should refrain from their full range of constitutionally protected expression to preserve the ability of Person A to speak without fear of non-governmental consequences that Person A doesn’t like. The doctrine of the Preferred First Speaker applies different levels of scrutiny and judgment to the first person who speaks and the second person who reacts to them; it asks “why was it necessary for you to say that” or “what was your motive in saying that” or “did you consider how that would impact someone” to the second person and not the first. It’s ultimately incoherent as a theory of freedom of expression.

3. Notwithstanding #2, the concepts of proportionality, community, dialogue, love, charity, grace, empathy, forgiveness, humility, and self-awareness are all values decent people ought to apply to a discussion. They aren’t about free speech or the First Amendment; they are about humanity. They are more powerful and convincing when applied consistently — when you do not demand grace of others than you aren’t willing to extend yourself. That doesn’t happen much.

Ken White, “Ten Points About Speech, Ducks, And Flights To Africa”, Popehat, 2013-12-21.

December 22, 2013

Does the US Constitution actually provide any protection against surveillance?

Filed under: Government, Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 11:16

Julian Sanchez talks about dismantling the surveillance state:

On Tuesday, Judge Richard Leon held that the National Security Agency’s controversial phone records program likely violates the Fourth Amendment’s guarantee against “unreasonable searches and seizures.” But when the inevitable appeal comes, far more than a single surveillance program will be at stake. Whether far higher courts are prepared to embrace Leon’s logic could determine if Americans enjoy any meaningful constitutional protection against government monitoring in the information age.

The NSA program — a massive database that logs, and stores for five years, the time, date, duration, and number dialed for nearly every call placed in the United States — is based on Section 215 of the Patriot Act, which authorizes the government to obtain any records it reasonably believes are “relevant” to a foreign intelligence investigation. But that authority itself depends on the so-called “third party doctrine,” which says that business records held by a “third party” like a phone company aren’t protected by the Fourth Amendment.

If not for the third party doctrine, “relevance” would not be enough: The government would have to satisfy the Fourth Amendment’s far stricter demand to show “probable cause” that records it had “particularly described” would yield evidence of wrongdoing. Under Fourth Amendment standards, a program that involved vacuuming up billions of records in order to fish through them later for suspicious calls would be out of the question — the kind of unlimited “general warrant” the framers of the Constitution were especially concerned to prohibit.

The roots of this cramped reading stretch back to 1979, when the Supreme Court unwittingly dealt a profound blow to American privacy in the case of Smith v. Maryland. With the cooperation of the phone company, police had traced a series of obscene phone calls from Michael Lee Smith to a woman he had earlier robbed. Because they had not first obtained a warrant from a judge, Smith argued that the police had conducted an illegal search, akin to a wiretap.

The Court disagreed: Because Smith should have known, based on the itemized list of calls on his monthly bill, that the phone company kept business records of the numbers he dialed, he had voluntarily abandoned his “reasonable expectation of privacy” in that information — and with it, the protection of the Constitution.

December 3, 2013

The US constitution and the first ten amendments

Filed under: History, Liberty, USA — Tags: , , , , , , — Nicholas @ 08:13

In the latest Libertarian Enterprise, L. Neil Smith provides a thumbnail sketch of the reasons for the first amendments to the US constitution:

While some of this nation’s Founding Fathers — Thomas Jefferson, Patrick Henry, George Mason — were intent, first and foremost, to create a new country in which individual liberty and free enterprise would be the order of the day, there were others, like Alexander Hamilton, who regarded the fledgling America as his personal piggy bank.

You will have been taught that the Articles of Confederation, our first “operating system” were deeply flawed, The truth is that they provided for an extremely decentralized governance that stood as an obstacle to the vast fortunes Hamilton and his cronies had hoped to amass.

The Articles had to go, and it is revealing that among Hamilton’s first acts as Treasury Secretary under the Constitution that replaced them was a national excise tax on whiskey that, as readers of my novel The Probability Broach know, very nearly sparked a second American Revolution.

Corn farmers of western Pennsylvania long accustomed to turning their crop into a less perishable, more transportable product, were among the first victims of democracy American-style, the kind where three coyotes and a lamb sit down to debate on what’s going to be for dinner.

Nevertheless, that’s why a few stiff-necked libertarian-types, like Jefferson, held out for a Bill of Rights to be added to the new Constitution, and it was written, more or less to Jefferson’s order, by his close friend, James Madison, one of the few Federalists who was genuinely interested in assuaging the Anti-Federalists about the new document.

The Bill of Rights was, unfortunately misnamed. It was not a list of things Americans were allowed too do, under the Constitution. It was and remains a list of things government is absolutely forbidden to do — like set up a state religion, or steal your house — under any circumstances.

The Bill of Rights was the make-or-break condition that allowed the Constitution to be ratified. No Bill of Rights, no Constitution. And since all political authority in America “trickles down” from the Constitution, no Constitution no government. And, since the Bill of Rights was passed as a unit, a single breach, in any one of the ten articles, breaches them all and with them, the entire Constitution. Every last bit of the authority that derives from it becomes null and void.

November 16, 2013

US apparently trying out new quasi-monarchical form of government

Filed under: Government, Wine — Tags: , , , , — Nicholas @ 10:18

As a British-born Canadian I’m used to the occasional ill-informed jab from American commentators about our form of government being a barbaric remnant of the dark ages, what with still having a monarch and all. If I respond at all, it’s usually to point out that we owe a lot for the longevity of our slowly evolving political system to the “Baronial brute squad of 1215” and the fact that we’ve (for the most part) steadily moved the monarch away from the levers of power. 798 years of political evolution is not to be sneered at. In the United States, the evolution has apparently gone in the other direction: moving those levers of power toward the monarch and away from the soi-disant “legislative branch” of government.

I haven’t seen as much fun-poking about the monarchy from my American friends lately, as they seem to have introduced a new form of non-crown-wearing, non-ermine-trimmed monarchy:

It is a condition of my admission to this great land that I am not allowed to foment the overthrow of the United States government. Oh, I signed it airily enough, but you’d be surprised, as the years go by, how often the urge to foment starts to rise in one’s gullet. Fortunately, at least as far as constitutional government goes, the president of the United States is doing a grand job of overthrowing it all by himself.

On Thursday, he passed a new law at a press conference. George III never did that. But, having ordered America’s insurance companies to comply with Obamacare, the president announced that he is now ordering them not to comply with Obamacare. The legislative branch (as it’s still quaintly known) passed a law purporting to grandfather your existing health plan. The regulatory bureaucracy then interpreted the law so as to un-grandfather your health plan. So His Most Excellent Majesty has commanded that your health plan be de-un-grandfathered. That seems likely to work. The insurance industry had three years to prepare for the introduction of Obamacare. Now the King has given them six weeks to de-introduce Obamacare.

“I wonder if he has the legal authority to do this,” mused former Vermont governor Howard Dean. But he’s obviously some kind of right-wing wacko. Later that day, anxious to help him out, Congress offered to “pass” a “law” allowing people to keep their health plans. The same president who had unilaterally commanded that people be allowed to keep their health plans indignantly threatened to veto any such law to that effect: It only counts if he does it — geddit? As his court eunuchs at the Associated Press obligingly put it: “Obama Will Allow Old Plans.” It’s Barry’s world; we just live in it.

The reason for the benign Sovereign’s exercise of the Royal Prerogative is that millions of his subjects — or “folks,” as he prefers to call us, no fewer than 27 times during his press conference — have had their lives upended by Obamacare. Your traditional hard-core statist, surveying the mountain of human wreckage he has wrought, usually says, “Well, you can’t make an omelet without breaking a few eggs.” But Obama is the first to order that his omelet be unscrambled and the eggs put back in their original shells. Is this even doable? No. That’s the point. When it doesn’t work, he’ll be able to give another press conference blaming the insurance companies, or the state commissioners, or George W. Bush . . .

October 7, 2013

QotD: Progressives and power

Charlie Cooke had a very good column and follow up post this week on progressive disdain for our system of separated powers. What liberals want, according to Charlie, is an “elected king” who can do whatever he wants. I agree with him almost entirely. For instance, he doesn’t say it, but this is exactly what Thomas Friedman wants. It’s what all the pseudo-eggheady-jagoff technocrats always want. The desire to simply impose “optimal policies” heedless of democratic or legal impediments lies behind virtually every technocratic fad of the last couple of centuries. We know what to do, and the problem with democracy is that the rubes won’t let us do it! Stuart Chase, one of the architects of the New Deal (who some say coined the term), openly pleaded for an “economic dictatorship.” After all, he asked, “why should the Russians have all the fun remaking the world?”

But here’s where I disagree a bit with Charlie. The key issue for progressives has never been the form power takes, but power itself. You want my five-second lesson in progressive history? No? Sucks for you, because I’m going to tell you anyway: They always go where the field is open.

That’s it.

When the public was on their side the progressives relied on the public. That’s why we have the direct election of senators. That’s why women got the franchise. Etc. In his early years as an academic Woodrow Wilson wanted Congress to run the country — the way parliament runs England — and relegate the president to a glorified clerk. When the public became unreliable and Congress was no longer a viable vehicle, progressives suddenly fell in love with a Caesarian presidency. Indeed, Wilson himself, the former champion of Congress, became an unapologetic voluptuary of presidential power the moment it suited him — and nary a progressive complained (save poor Randolph Bourne, of course). The progressives rode the presidency like it was a horse they never expected to return to a stable. And when that started to hit the point of diminishing returns, they moved on to the courts (even as they bleated and caterwauled about Nixon’s “abuses” of powers that were created and exploited by Wilson, FDR, and Johnson). After the courts, they relied on the bureaucracy. Like water seeking the shortest path, progressives have always championed the shortest route to social-justice victories.

My point is that I think Charlie is entirely right that progressives want to maximize their power. But the elected king scenario is just one of many they’d be perfectly happy with. If they could have a politburo instead of a unitary executive, they’d probably prefer that. But the point is that the instruments are, uh, instrumental. The core imperative is power. We see this in miniature when liberals don’t control the presidency but do control Congress. Suddenly, it’s vital that the “people’s house” exert its constitutional prerogatives! When the president is a Democrat he needs to rule unimpaired. When he’s a Republican, his dictatorial tendencies must be held in check. When liberals want to reinterpret the Constitution by judicial whim or fiat, it’s proof that the Constitution is living up to its nature as a “living, breathing, document.” When conservatives actually want to amend the Constitution — the only legitimate and constitutional means to change the meaning of the Constitution, I might add — it is a horrible affront to the vision of the Founders!

Once you realize this it helps explain so many of the Left’s hypocrisies and alleged double standards. I say alleged, because they aren’t really double standards. You can only have a double standard when you actually believe something should be a standard. Ultimately, for progressives these procedural debates about how power is used in America are just that: procedural debates. The alleged standards at stake are evanescent and petty — for liberals. The only true standard is whatever advances the progressives’ ball downfield. That is the very heart of “social justice” — doing whatever “good” you can, when you can, however you can. As they say, behind every confessed double standard there is an unconfessed single standard. And for progressives, the single enduring standard is “whatever works for us.”

Jonah Goldberg, “Progressives and Power”, The Goldberg File email newsletter, 2013-10-04

September 10, 2013

The Authorization for the Use of Military Force is “TARP with Tomahawks”

Filed under: Government, Middle East, Military, USA — Tags: , , , — Nicholas @ 13:25

At Reason, Gene Healy explains why the authorization should not be granted to President Obama by congress:

Tonight, President Obama, who rose to the presidency on the strength of stirring speeches, goes back to the well with a prime-time address urging Congress to authorize an attack on Syria.

He admits it’ll be “a heavy lift.” And how: per the Washington Post’s latest whip count in the House, even if all 170 undecideds break their way, the administration won’t be within shouting distance of a majority.

That’s good, because the Authorization for the Use of Military Force that’s on the table deserves to fail. It’s TARP with Tomahawks.

The provisions purporting to restrict the president to a brief, “limited and tailored” war are too weak to stick.

What’s more, they’re undermined by the AUMF’s gratuitous overstatement of presidential power: “The President has authority under the Constitution to use force in order to defend the national security interests of the United States.”

Wrong. The Constitution gives him the power to “repel sudden attacks” against the U.S., not launch them whenever he imagines they’ll promote our “national security interests.” That language practically invites Obama to ignore the limits and wage a wider war.

Update: In another post at Reason the current polling certainly encourages congress not to cave to the President’s wishes.

As the country debates launching airstrikes on Syria, President Barack Obama’s standing on foreign policy has taken such a hit that the latest Reason-Rupe poll finds 64 percent of Americans, including 68 percent of independents and 41 percent of Democrats, believe President Obama’s handling of foreign policy is worse than, or the same as, former President George W. Bush’s handling of foreign policy.

President Obama famously said he opposes “dumb wars.” Nearly three-quarters of Americans, 74 percent, say it would be “unwise” for the United States to launch airstrikes on Syria without the support of the United Nations or Great Britain. Just 17 percent say U.S. strikes on Syria would be wise.

When it comes to launching U.S. military action across the globe, 47 percent of Americans say the “political establishment in Washington D.C.” is more likely to favor military action than they are. A majority of independents, 57 percent, say D.C. insiders are more likely to favor war than they are. In contrast, just 17 percent of Americans say the Beltway establishment is less likely to favor military action than they are, and 30 percent say the establishment favors war about the same amount as the public.

September 9, 2013

QotD: Canada’s constitution

Filed under: Cancon, Government, Law, Quotations — Tags: , — Nicholas @ 14:41

Our Constitution can accurately be described as the envy of the world, but then again the world doesn’t really get to see us gawking at each other in open-mouthed confusion over embarrassing gaps like this one. The key features of the 1982 Constitution were hammered out in smoke-filled hotel rooms by men who intentionally refused to record their discussions and who have never ceased arguing about exactly how they went. The various Canadian governments built the frame in haste, were late to begin talking to each other, never involved the public, and left the structure consciously half-finished. It’s a wonder it hasn’t yet come down on our heads.

Colby Cosh, “Mind the constitutional gap”, Maclean’s, 2013-09-09

August 27, 2013

Martin Luther King and the American Dream

Filed under: History, Liberty, USA — Tags: , , , — Nicholas @ 12:21

Brendan O’Neill on MLK’s most famous speech:

Tomorrow is the fiftieth anniversary of Martin Luther King’s “I Have a Dream” speech, made on the Mall in Washington, DC on 28 August 1963. Re-reading the speech 50 years on, the most striking thing about it is how much faith it puts in the American Dream. Where today it is positively hip to be disdainful of all things American, to look upon America as a land of shopping addicts and fat rednecks, King and his listeners were passionately devoted to the idea of America and an American project. Using tellingly capitalistic lingo, King said of those gathered that “we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation.” King said that his dream, of racial equality, was “deeply rooted in the American Dream”.

Not for King the fashionable disgust for America’s obsession with consumerism and wealth. On the contrary, he said blacks were sick of living on “the lonely island of poverty” and longed to wade in America’s “vast ocean of material prosperity”. Not for King any sneering at America’s promise of wealth and opportunity to its citizens — “now is the time to open the doors of opportunity to all of God’s children”, he said. Not for King any mocking of the founding fathers of America, who have in recent years been judged by radical Leftists to have been racist and evil (in the words of The Nation magazine just last month, Thomas Jefferson was a “slave-owning rapist”). Instead, King extolled the “magnificent words of the Constitution and the Declaration of Independence” and talked about all men’s “inalienable rights of life, liberty, and the pursuit of happiness”.

In the run-up to the fiftieth anniversary of King’s speech, there’s been a great deal of debate about what has changed, especially for America’s blacks. But perhaps the most sweeping, dramatic change has been in attitudes towards the very idea of America. Today, cheap anti-Americanism is the glue that holds so-called liberals and radicals together. Tapping one’s toe to the Green Day song “American Idiot” while laughing knowingly at the fallacy of the American Dream is what passes for being edgy these days. Both within and without America, many Leftish activists and serious thinkers view America as dumb, fat, polluting, reckless and unwittingly hilarious, founded by narcissists and drunks, a “greedy and overweening power”, as the New Statesman said in the immediate aftermath of 9/11.

The new aristocracy – privileged civil servants

Filed under: Government, USA — Tags: , , , — Nicholas @ 09:52

The Instapundit (Glenn Reynolds) on the special privileges enjoyed by the people who are supposed to be “serving” the public:

All over America, government officials enjoy privileges that ordinary citizens don’t. Sometimes it involves bearing arms, with special rules favoring police, politicians and even retired government employees. Sometimes it involves freedom from traffic and parking tickets, like the special non-traceable license plates enjoyed by tens of thousands of California state employees or similar immunities for Colorado legislators. Often it involves immunity from legal challenges, like the “qualified” immunity to lawsuits enjoyed by most government officials, or the even-better “absolute immunity” enjoyed by judges and prosecutors. (Both immunities — including, suspiciously, the one for judges — are creations of judicial action, not legislation).

Lately it seems as if these kinds of special privileges are proliferating. And it also seems to me that special privileges for “public servants” that have the effect of making them look more like, well, “public masters,” are kind of un-American. Even more, I’m beginning to wonder if they might actually be unconstitutional. Surely the creation of two classes of citizens, one more equal than the others, isn’t the sort of thing the Framers intended. Why didn’t they put something in the Constitution to prevent it?

Well, actually, they did. Article I, Section 9 of the Constitution prohibits the federal government from granting “titles of nobility,” and Article I, Section 10 extends this prohibition to the states — one of the few provisions in the original Constitution to impose limits directly on states. Surely the Framers must have considered this prohibition pretty important.

August 23, 2013

QotD: Belgium as a sum of its many, many parts

Filed under: Europe, Government, Politics, Quotations — Tags: , , , — Nicholas @ 00:01

The outcome was byzantine in its complexity. Belgium was sub-divided into three “Regions”: Flanders, Wallonia and “Brussels-Capital”, each with its own elected parliament (in addition to the national parliament). Then there were the three formally instituted “Communities”: the Dutch-speaking, the French-speaking and the German-speaking (the latter representing the approximately 65,000 German speakers who live in eastern Wallonia near the German border). The communities, too, were assigned their own parliaments.

The regions and the linguistic communities don’t exactly correspond — there are German speakers in Wallonia and a number of French-speaking towns (or parts of towns) within Flanders. Special privileges, concessions, and protections were established for all of these, a continuing source of resentment on all sides. Two of the regions, Flanders and Wallonia, are effectively unilingual, even with the exceptions noted. Brussels was prounced officially bilingual, even though at least 85 percent of the population speaks French.

In addition to the regional and linguistic Communities, Belgium was also divided into ten provinces (five each in Flanders and Wallonia). These, too, were assigned administrative and governing functions. But in the course of the various constitutional revisions real authority came increasingly to lie either with the regions (in matters of urbanism, environment, the economy, public works, transport and external commerce) or the linguistic community (education, language, culture and some social services).

The outcome of all these changes was comically cumbersome. Linguistic correctness (and the constitution) now required, for example, that all national governments, whatever their political color, be “balanced” between Dutch- and French-speaking ministers, with the prime minister the only one who has to be bilingual (and who is therefore typically from Flanders). Linguistic equality on the Cour d’Arbitrage (Constitutional Court) was similarly mandated, with the presidency alternating annually across the language barrier. In Brussels, the four members of the executive of the capital region would henceforth sit together (and spake in the language of their choice) to decide matters of common concern; but for Flemish or Francophone “community” affairs they would sit separately, two by two.

As a consequence Belgium was no longer one, or even two, states but an uneven quilt of overlapping and duplicating authorities. To form a government was difficult: it required multi-party deals within and across regions, “symmetry” between national, regional, community, provincial, and local party coalitions, a working majority in both major language groups and linguistic parity at every political and administrative level. And when a government was formed it had little initiative: even foreign policy — in theory one of the last remaining responsibilities of the national government — was effectively in the hands of the regions, since for contemporary Belgium it mostly means foreign trade agreements and these are a regional prerogative.

Tony Judt, “The Old Europe — and the New”, Postwar: A History of Europe Since 1945, 2005.

August 16, 2013

The one executive power that Obama doesn’t want to exercise – clemency

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:21

Jacob Sullum on the remarkable lack of use of one executive power the US constitution clearly does grant to the president:

[U.S. attorney general Eric] Holder called upon Congress to reform mandatory minimum sentences and outlined steps the Justice Department will take in the meantime to avoid imposing “draconian” penalties on nonviolent, low-level drug offenders. He said his boss, President Barack Obama, shares his concern about mass incarceration and harsh sentences. But Holder neglected to mention that Obama has the power to free people who do not belong in prison — a power he has exercised just once during almost five years in office.

Article 2, Section 2 of the U.S. Constitution gives the president the unilateral, unreviewable authority to “grant reprieves and pardons for offenses against the United States.” So far Obama, who has not otherwise been shy about pushing executive power to the limit (and beyond), has granted 39 pardons, clearing the records of people who completed their sentences years ago, and one commutation, shortening the sentence of Eugenia Jennings, an Illinois woman who was convicted in 2001 of selling 13.9 grams of crack to a police informant. Obama cut her prison term from 22 years to 10, and she was released in December 2011.

That is an amazingly stingy clemency record for a supposedly enlightened and progressive man who before he was elected repeatedly described our justice system as excessively punitive. While running for president in 2008, Obama promised to “review drug sentences to see where we can be smarter on crime and reduce the blind and counterproductive sentencing of nonviolent offenders.” Yet he has granted commutations at a rate that makes Richard Nixon, who declared war on drugs and campaigned as a law-and-order candidate, look like a softie. Nixon granted 60 commutations, 7 percent of the 892 applications he received, during his 67 months in office, while Obama has granted one out of 8,126, or 0.01 percent, over 55 months.

In fact, according to numbers compiled by P.S. Ruckman Jr., a professor of political science at Rock Valley College in Rockford, Illinois, only three of Obama’s predecessors made less use of the clemency power (taking into account pardons as well as commutations) during their first terms: George Washington, who probably did not have many petitions to address during the first few years of the nation’s existence; William Henry Harrison, who died of pneumonia a month after taking office; and James Garfield, who was shot four months into his presidency and died that September.

July 24, 2013

Colby Cosh on the constitutional monarchy

Filed under: Britain, Cancon, Government — Tags: , — Nicholas @ 08:17

I suspect Colby will be getting lots of hate mail from republicans after this column:

The secret of constitutional monarchies is not that they indulge the dynastic impulse, but that they have found a means of circumscribing it without losing the advantages. Chief amongst these, I think, is a sense of historical continuity: we still so clearly remember the new prince’s gin- and horse-loving great-great-grandmother, born in the reign of Victoria, and now comes R.B. himself, unlikely to warm the chair of St. Edward until even the youngest of you reading this are pensioners (if you’re lucky, and if “pensions” are still a thing). It provides a natural, almost enforced occasion for a species of “long now” panoramic, intergenerational thinking that various nerds and hucksters like to profit from.

It’s true that a domestic Canadian dynasty would do that job about as well, and this is the source for much of the odium in which our system is held by republicans. Dammit, Royal Baby isn’t even Canadian Royal Baby! Barring the overthrow of our Constitution, we are never likely to have a “Canadian” head of state who has grown up entirely amongst us. When you are finished having a cry about that, I would suggest reflecting upon the possible benefits: an indigenous Canadian head of state would have to be some particular person, wedded to one of our regions and official languages and political tribes and social classes and, indeed, component nations. Surely there is some merit in having ultimate last-resort legitimacy — an important plus of monarchy, as the Second World War taught — vested in an outsider. Maybe every country should have a king or queen from somewhere else, someone extremely intimate with its constitutional traditions and language but otherwise neutral; rooted, for safety, in other soil.

Or maybe that is the dumbest idea you’ve ever heard. But republicans do need to take the “particularity” factor into account in weighing their long-term chances. Until the debate over the fundamental Constitution gets serious, the choice is “imaginary elected president from my personal fantasies, perhaps a genetic cross between Barack Obama and Justin Timberlake” versus “actual living family that has had various difficulties and embarrassments.” This is inherently good ground for anti-monarchists to fight on, but only when there is no actual fight.

If we had an Australian-style referendum on the monarchy, the republicans would not only have to present an actual alternative system for criticism — which is what befouled the hopes of Australian republicans — undecideds would also be obliged to start imagining a world in which the personal fountainhead of political legitimacy might end up being Don Cherry or Rob Ford or George Stroumboulopoulos. I personally will take my chances with little R.B. God save the Queen.

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