Quotulatiousness

December 16, 2021

The Charter of Rights and Freedoms versus Quebec’s Bill 21 (Loi sur la laïcité de l’État)

Filed under: Cancon, Law, Liberty — Tags: , , , , , , — Nicholas @ 05:00

Andrew Potter characterizes our next big constitutional bun-fight as an exploded time-bomb in the Canadian Charter of Rights and Freedoms:

In 1982, Prime Minister Pierre Trudeau and the provincial premiers inserted a time bomb into the Canadian constitution. It finally went off last week, when an elementary school teacher in West Quebec was removed from the classroom for wearing a hijab, in violation of Bill 21, the province’s secularism law.

The case has generated no shortage of outraged commentary in Canada and abroad, with many denouncing what they see as the “bigotry” of the Quebec law. In The Line on Tuesday, Ken Boessenkool and Jamie Carroll argued that far from implementing a secular state, Quebec has simply imposed a state religion that takes precedence over private belief. In response to these criticisms, many Quebecers say that this is just another round of Quebec bashing. The rest of Canada needs to recognize that the province is different, and to mind its own business.

But it is important to realize that something like this was going to happen sooner or later. The patriation of the constitution and the adoption of the Charter of Rights and Freedoms in 1982 seriously destabilized the Canadian constitutional order, and the twin efforts of the Meech Lake and Charlottetown accords to fix that instability only made things worse. But the real ticking bomb here is s.33 of the Charter, a.k.a. the notwithstanding clause, which allows legislatures to override certain sections of the Charter for renewable five-year terms.

The basic tension is between two more or less incompatible views of the country. On the one hand there is the original concept of a federal Canada, where citizens’ political identities are shaped by and through their relationship with their provincial, and to a lesser extent, national, governments. On the other hand, the Charter created a newer understanding of Canadians as individual rights bearers with political and social identities prior to the state, underwritten by the Charter itself.

December 7, 2021

How are things going in Honduras?

Filed under: Americas, Economics, Government, Politics — Tags: , , — Nicholas @ 05:00

For those not following the Honduran experiment with ZEDEs (las Zonas de Empleo y Desarrollo Económico — Zones for Employment and Economic Development) also known as “charter cities” or “model cities”, Scott Alexander provides a handy summary of the situation in the wake of the recent Honduran elections:

Honduras, Guatemala and El Salvador
Image via Google Maps.

The socialist opposition has won Honduras’ election and pledges to fight against charter cities there. “Immediately upon assuming the presidency, we are going to send the National Congress an initiative for the repeal of the ZEDE law,” incoming president Xiomara Castro said.

This was what everyone was afraid of. But the last party tried pretty hard to protect ZEDEs from trigger-happy successors, and the constitution currently says that the only way to get rid of them is to win two consecutive 2/3 votes to do so, then give the existing projects ten years to wind down.

Can the socialists get a 2/3 majority? Wikipedia predicts the incoming Honduran Congress will look like this:

Liberty and Refoundation (the socialists) will probably enter into a coalition with the Savior Party and have 65/128 seats for a bare majority. They need 86 votes for a 2/3 majority, which in theory they can get if the Liberal Party agrees. The Liberal Party seems centrist and hard to pin down, but this article includes the following great quote:

    “The Liberal Party opposes the ZEDEs because, above all, they undercut our national sovereignty, and because we don’t want them to become hideouts for extraditable criminals,” said [Liberal Party leader Yani] Rosenthal, who served a three-year prison sentence in the United States for money laundering and participating in a criminal scheme with the Los Cachiros cartel.

Rosenthal kind of goes back and forth elsewhere, but in the end I think he’ll vote with the socialists on this. Still, there’s some speculation that his party might not vote as a bloc, and even a few defectors would be enough to prevent a supermajority.

In theory, even if the socialists win two consecutive votes, they have to give the projects ten years to wind down. Ten years is forever in politics, and probably before then the capitalists will get back into power and say never mind, everyone can keep doing what they’re doing. The socialists are aware of this and say that their supplementary strategy is to have everything about the ZEDE law declared unconstitutional.

This should be a hard sell, because ZEDEs are a constitutional amendment, plus the current Supreme Court explicitly ruled a few years ago that they were constitutional. But apparently the Honduran Supreme Court can declare constitutional amendments unconstitutional if it really wants. And the new government will get to appoint a new Supreme Court in two years, and although the exact process is complicated, they may be able to get people who agree with them on this.

Also, incoming president Castro is married to Manuel Zelaya, a former president who tried to pull an Andrew Jackson after the Supreme Court ordered him to stop holding an illegal referendum to change term limits in his favor. He ordered the military to hold the referendum anyway, and was only ousted after the military couped him instead. So this is not exactly a family known for their deep respect for the exact wordings of laws or court rulings (not that anyone in Honduras has really excelled on that front). See further speculation eg here and here. And here’s Mark Lutter from Charter Cities Institute on the elections and the future.

December 2, 2021

If there are no restrictions on voting age, what other expansions of the franchise might amuse the Supreme Court of Canada?

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 05:00

In Wednesday’s NP Platformed newsletter, Colby Cosh suggests that, given the SCC’s demonstrated preference for getting rid of restrictions on voting rights, we may be in for some interesting legal times:

A band of plucky teens, we are told, are suing to have Canada’s voting age lowered. They are not the first to try, and it goes without saying that the youngsters are a front for a gaggle of do-gooder groups who think that it would somehow purify our democracy in the fires of justice if 16-year-olds could vote. NP Platformed thinks this is a terrible idea that has logical problems on its face. If the age-18 voting limitation can’t be defended, how can any such limit be defended?

Rest assured that the grown-up lobbyists who have a sore bum about the voting age won’t be recruiting four-year-old boys to articulate their cause or serve as litigants. It will all be photogenic, politically sophisticated, fantastically unrepresentative teenagers.

But let’s set the snark aside for a moment. You may be asking, as we here at NP Platformed world headquarters did, how a charter challenge to the voting age can happen at all. Surely there’s solid caselaw about this? If you look into the matter, as we did, you might find yourself saying “Uh oh.” As we did.

The most revealing discussion we could find is tucked away in a footnote in a 2019 paper by University of Ottawa Prof. Michael Pal. Within this wad of small print, Prof. Pal outlines the whole issue. The charter says flat out that “Every citizen of Canada” has the right to vote in elections, and various species of legal voting disability have been removed over time, leaving persons under 18 as the only citizens within Canada who cannot exercise this right.

[…]

“The analogy between youth voting restrictions and inmate disenfranchisement breaks down because the type of judgment Parliament is making in the two scenarios is very different. In the first case, Parliament is making a decision based on the experiential situation of all citizens when they are young. It is not saying that the excluded class is unworthy to vote, but regulating a modality of the universal franchise. In the second case, the government is making a decision that some people, whatever their abilities, are not morally worthy to vote — that they do not ‘deserve’ to be considered members of the community and hence may be deprived of the most basic of their constitutional rights. But this is not the lawmakers’ decision to make.”

We’re just gonna say it: “regulating a modality of the universal franchise” is drivel. If this is the bedrock on which age restrictions on voting rest, age restrictions on voting are in trouble.

The constitutionality of a voting age was also discussed in the Supreme Court’s 2019 Frank case, which annihilated the voting eligibility restrictions for Canadian citizens living abroad. In that case it was dissenters, specifically justices Suzanne Côté and Russell Brown, who brought the matter up. If legislatures can’t restrict the voting rights of Canadians who have been living in Cucamonga or Timbuktu, how can they impose any limit at all?

The dissenting pair quietly pointed out (at paragraph 144) that the phrase “regulating a modality” is gaseous nonsense, and that the Supreme Court, in its endless lust for making the franchise more inclusive, seems to have made any restrictions at all untenable. (Why, indeed, should the franchise be limited to citizens? Municipalities are already asking this question!)

November 6, 2021

QotD: Michael Bellesisles

… I offered a very limited defense of the History Biz. It’s not just that they’re rabid Leftists, I said. I mean, yeah, they are, no denying that, but outright “writing the conclusion before you even start asking the question”-type fraud, Michael Bellesisles-type fraud, is a lot rarer than you probably think.

Bellesisles, you might recall, is the guy whose revolutionary revisionist thesis was that the Founders weren’t really all that enthusiastic about guns, and didn’t own that many, and that whole 2nd Amendment thing was just an afterthought. Yeah, right. That one was written conclusion first, and since no remotely objective look at the evidence could ever possibly support it, he resorted to making lots of “evidence” up. But the reaction of the rest of the profession was interesting: They lauded Bellesisles to the skies. He won the Bancroft Prize for his work, which is the biggest one you can get in American history. Now, I’m sure you’re saying “of course they praised him, he was telling them exactly what they wanted to hear!”, and you’re right …

… but only to a point. Because eggheads are — as you might imagine — the pettiest, most envious bunch of little bitches this side of a junior high cheerleading squad, there’s no piece of research so meticulous, no conclusion so solid, that someone isn’t going to tear into it in one of the professional journals, for base personal reasons if no other. Lest you think I’m kidding, I personally know of a woman at a big league school whose husband was seduced, and her marriage ruined, by an open, obnoxious lesbian colleague, all because she, the hetero, had dared to question some of the lesbian’s work at a conference in their mutual field.

That’s the level of pettiness we’re dealing with here. And I can’t say for absolute certain that Bellesisles received no criticism whatsoever; he doesn’t work in my field, so even though I was certain that Arming America was bullshit of the purest ray serene, it wasn’t my problem, professionally speaking. But whatever, point is, in my fairly well-informed opinion, merely “telling them what they want to hear” doesn’t account for the entire profession ignoring the huge, blinking, neon red flags surrounding Arming America. Rather, I suggest it’s more of a Pauline Kael thing.

I actually kinda pity Kael — much like John Montagu, the 4th Earl of Sandwich, she was a fairly big wheel back in her day, but if she’s known at all now, it’s for something entirely peripheral to her life’s work. In Kael’s case, it’s her declaration that it was impossible for Richard Nixon to have won in 1972, since “nobody I know voted for him” (it was one of the biggest blowouts in American electoral history). The Arming America thing is, I think, like that — nobody in academia owns a gun, or knows anyone who owns a gun, or knows anyone who knows anyone who owns a gun. So, yeah, they know all the scary statistics about how there are sixty gorillion more guns than people in America, but all of that iron belongs to the Dirt People, far away over the horizon. They’d never in a million years even be in the same zip code as someone who thinks Arming America was absurd on its face. Hence, it never occurred to them to question it.

It helped that Bellesisles was telling them what they wanted to hear, no doubt, but the main reason nobody challenged it was that they lacked the cognitive toolkit to even consider the possibility he might be wrong.

Severian, “Are They Trying to Lose?”, Rotten Chestnuts, 2021-07-15.

October 26, 2021

The Constitution of Athens

Filed under: Europe, Government, Greece, History — Tags: , , , — Nicholas @ 09:50

Historia Civilis
Published 15 Dec 2017

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Sources:
The Athenian Constitution by Aristotle: http://amzn.to/2C1mHLv
Politics by Aristotle: http://amzn.to/2AB6KPV
Parallel Lives: The Life of Solon by Plutarch: http://amzn.to/2AT5Viv
The Constitution of the Athenians by Pseudo-Xenophon: http://amzn.to/2z9rE6l
The Rise of Athens by Anthony Everitt: http://amzn.to/2C2ryMu
The Athenian Democracy in the Age of Demosthenes by Mogens Herman Hansen: http://amzn.to/2AEAtYj
Persian Fire by Tom Holland: http://amzn.to/2AjLB8W

Music:
“Direct to Video,” by Chris Zabriskie
“It’s Always Too Late to Start Over,” by Chris Zabriskie
“Mario Bava Sleeps In a Little Later Than He Expected To,” by Chris Zabriskie
“Hallon,” by Christian Bjoerklund

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October 20, 2021

Alberta and Quebec, the dark twins of Confederation

Filed under: Cancon, Government, Politics — Tags: , , , — Nicholas @ 03:00

In The Line, Jen Gerson explains why the Alberta government is consciously taking some of its strategies for dealing with the feds and other provinces from the generations-long success that has been Quebec’s planbook:

Quebec — as the single largest recipient of equalization cash — is often a target of anger in these parts, but I’d encourage any readers from thereabouts not to read too much into this fact. Both Alberta and Quebec suffer from a culture of political grievance that feed off one another. Alberta resents the fiscal balances, often casting Quebec as an ungrateful recipient of the very oil wealth that the latter regards with contempt. And I can only imagine how Quebec must read this; as a signal of its own isolation from Anglo culture more broadly. On both sides, I see politicians who have made a generational art of milking these respective grievances.

So sometimes it’s worthwhile to point this out.

Alberta doesn’t hate Quebec.

The provinces exist on flip sides of the very same coin; they are each others’ dark twins, and Alberta seeks mostly to emulate its French sibling.

Kenney made this point entirely explicitly in the days leading up to the referendum.

“We’re using this to get leverage to basically take a page out of Quebec’s playbook in having successfully dominated the political attention of the federation for the last 40 or 50 years.”

What playbook was he referencing, here?

The answer is obvious; the separation referenda of 1980 and 1995. In fact, the whole logic of Alberta’s referenda last night was predicated on a novel reading of the Quebec Secession Reference, in which a clear majority on a clear question must force the federal government to the negotiating table in good faith. The fact that this reference spoke to a secession question — and not a longstanding quibble over an item within the constitution — is a material difference from a legal point of view, but not a psychological one.

The hope is that this referenda will give us somethin akin to the “leverage” Quebec has enjoyed vs. Ottawa since its failed separation referenda; and the disproportionate financial and cultural incentives that followed in the following decades. Essentially, Alberta is asking for the leverage of a true separatist movement without suffering the risk of actually separating. We are play-acting a little Potemkin secession referendum, here. If it falls to me to point out the show is a little childish and even a touch pathetic, well, so be it.

October 16, 2021

Alberta’s Equalization referendum is “political theatre, and it’s poorly timed political theatre at that”

Filed under: Cancon, Economics, Government — Tags: , , , , — Nicholas @ 03:00

The province of Alberta is unhappy with the current federal-provincial equalization arrangement. This is not new … it’s been the case off-and-on for most of my life, but this year the province is undertaking a formal referendum on the issue, as Jen Gerson explains in The Line:

Let’s start with all the usual but necessary rigmarole about the Alberta referendum on equalization: a “yes” vote won’t peel equalization from the constitution; even a resounding victory may not actually force the federal government to sit with the province of Alberta to discuss the matter. I mean, it might: this was Ted Morton’s idea, and his argument. That Alberta can force Ottawa and the provinces to engage in some kind of open-hearted exchange by piggybacking on the Quebec Secession Reference is not totally impossible, I guess.

As this Fraser Institute bulletin by Rainer Knopff points out, that reference is specific to questions of, well, secession and probably can’t be re-applied willy nilly to any old provincial grievance. However, Knopff goes on to note that the referendum is necessary to create a provincial legislative resolution on the matter, which would allegedly trigger some kind of duty to negotiate — although certainly no duty to come to an agreement that Alberta would find acceptable.

Most credible individuals begin to handwave furiously when asked to nail the technical legal details about how we’re going to make Ottawa cede a damn thing. Even Morton had to point out that the referendum’s greatest power lies in granting Alberta “moral force” on the question.

In other words, it’s political theatre, and it’s poorly timed political theatre at that.

Equalization is a perennial complaint in Alberta, and not one totally without merit. Although the province doesn’t cut Ottawa some kind of novelty-sized equalization cheque at tax time, we are a comparatively wealthy province, which means the province traditionally sends more money to the federal government through its income and business tax remittances than it receives in rebates and services. There is a sense of injustice, here, which notes that equalization-receiving provinces offer services like cheap daycare, and are now racking up rainy day funds as Alberta falls ever deeper into debt. Meanwhile, we can’t seem to get a pipeline built to transport the very product that provides so much of this national bounty and wealth because other provinces oppose them.

October 10, 2021

First the Bloc Québécois, then “Wexit”, now Bloc Montréal?

Filed under: Cancon, Government, Law, Liberty — Tags: , , , , — Nicholas @ 05:00

Barbara Kay makes the case for Montreal to re-evaluate its position within Quebec as the Quebec government pushes toward even more legal efforts to reduce the English-speaking community to a second- or even third-class citizenship:

Oct. 7 brought an end to consultations on Quebec’s Bill 96, which amends the 1977 Charter of the French Language (Bill 101) and — unilaterally, never before attempted by a province — the Constitution Act of 1867. A few anglophone institutions were invited to the hearings, but their inclusion was pro forma. Bill 96 will pass through use of the notwithstanding clause.

The bill affirms Quebec is a nation, with French as its “common” as well as its only official language, adding several new “fundamental language rights” for French. It effectively creates both a Canadian and Quebec Charter-free zone in a wide range of interactions between individuals and the state. Even before passage, use of the P-word (“province”) has become politically charged, and quietly redacted from public usage by Bill 96 dissidents.

The impact of Bill 96 on anglophones could be momentous. One amendment, which restricts access to English health and social services to those with education-eligibility certificates, could negatively affect upwards of 500,000 anglophone Quebecers. It speaks volumes that the Minister of the French Language will take responsibility for outcomes delivery in that sector away from the Minister of Health and Social Services. Bill 96 will also negatively affect young francophones by capping their numbers at English cegeps [Collège d’enseignement général et professionnel or “General and Vocational College”].

The previous expansions of French language rights in Quebec — and corresponding contractions of English language rights in the province — drove waves of emigration to other provinces, helping Toronto surpass Montreal as Canada’s largest city and economic powerhouse. In the middle of a pandemic, it’s much harder for those who are feeling oppressed to leave Quebec, but there may be another possibility:

Montreal as a city-state, or at least a special autonomous region — a status the Cree nation of northern Quebec has enjoyed for decades — was first raised as a serious idea eight years ago. In 2013 the Parti Québécois proposed language Bill 14, as draconian as Bill 96, which died when premier Pauline Marois’s minority government couldn’t enlist enough collegial support for its passage. Nevertheless, the attempt galvanized alarm sufficient to inspire a transiently influential city-state movement.

A 2014 Ipsos poll on the subject commissioned by that group elicited these key takeaways from Montrealers: Montreal is a distinct society within Quebec (90 per cent); to stop its decline, Montreal needs to take drastic steps to improve its performance (91 per cent); and Montreal deserves special status within Quebec because it is a world-class, cosmopolitan city (74 per cent). Those numbers would likely be as high or higher today.

[…]

We need a Bloc Montréal to represent Montreal/Greater Montreal’s “distinct society” at the Quebec National Assembly in Quebec City. The pivotal moment of the 1995 referendum campaign was the revelation — one that had never before occurred to the separatists — that “if Canada is divisible, then Quebec is divisible”. That was a sobering and clarifying moment. And Montreal has a greater need for augmented representation in Quebec City than Quebec has in Ottawa. After all, Quebec profits handsomely from its affiliation with Canada, while the opposite is true of Montreal and Quebec City.

September 25, 2021

QotD: The 2nd Amendment is obsolete because … the government has nukes?

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

Last week a congressman embarrassed himself on Twitter. He got into a debate about gun control, suggested a mandatory buyback — which is basically confiscation with a happy face sticker on it — and when someone told him that they would resist, he said resistance was futile because the government has nukes.

And everybody was like, wait, what?

Of course the congressman is now saying that using nuclear weapons on American gun owners was an exaggeration, he just wanted to rhetorically demonstrate that the all-powerful government could crush us peasants like bugs, they hold our pathetic lives in their iron hand, and he’d never ever advocate for the use of nuclear weapons on American soil (that would be bad for the environment!), and instead he merely wants to send a SWAT team to your house to shoot you in the face if you don’t comply.

See? That’s way better.

Larry Correia, “The 2nd Amendment Is Obsolete, Says Congressman Who Wants To Nuke Omaha”, Monster Hunter Nation, 2018-11-19.

September 12, 2021

QotD: The US Supreme Court’s Dred Scott decision of 1857

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

Scott was a slave who claimed to be free because his owners had taken him to U.S. states where slavery was outlawed; in ruling on the case, Chief Justice Roger Taney, writing for a 7-2 majority, found that Blacks were “beings of an inferior order” who, under the constitution, “had no rights which the white man was bound to respect.”

The Scott decision is now considered an important contributing cause of the U.S. Civil War, which began four years later. It proved, beyond anyone’s doubt, President Abraham Lincoln’s maxim that a sovereign nation could not survive half-slave and half-free. Northern states might be capable of abolishing slavery locally, but this “abolition” would never apply to imported slaves from elsewhere considered as property. One cannot fully understand U.S. history, never mind the progress of its law, without studying and appreciating Taney’s cruel language.

And, indeed, for the world at large, Dred Scott is an unsurpassed reminder of the distinction between law and justice, and of the limitations of a highly reverenced written constitution. Taney not only accepted the (irrefutable) argument that the constitution explicitly countenanced slavery: he wrote fawningly of the Founding Fathers as great men, “high in their sense of honour,” who could never have upheld absolute equality before the law on one hand while hypocritically denying it to Blacks in practice. The Declaration of Independence’s claim that “all men are created equal,” the ex-slaveowner Taney wrote, was never understood by anyone to include inferior races.

Abolitionists of the time saw the innate hypocrisy: the contemporary newspaper editor William Lloyd Garrison risked his life by calling the constitution “a league with hell.” But [University of Buffalo law professor Matthew] Steilen thinks it is better not to expose Black students to the details of that debate. Reading Taney’s “gratuitously insulting and demeaning” words and arguments, he tweeted, is likely to, and there is no other way to put this, injure their feelings. To inquire too deeply into the detail of slavery, and of the law that shielded it, would require Black students to “relive the humiliation” of Dred Scott.

Colby Cosh, “Another Day in a Feelings-First World”, NP Platformed, 2021-06-09.

July 20, 2021

An unlikely survivor in India, His Highness the Prince of Arcot

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

Ned Donovan explains why there is still a Prince of Arcot, despite the Indian government having abolished all the titles and privileges of the nearly 600 “Maharajas, Maharanas, Rajas, Nawabs, Khans and so on” of the Princely states that were incorporated into modern India after Partition in 1947:

A significant amount of effort was taken during the process of independence to integrate these princely states into the newly independent countries. Almost all of the rulers acceded quickly and peacefully in return for recognition of their symbolic status and titles by the new republics who also promised perpetual large annual payments to sweeten the deal. A handful of princely states were stubborn and were integrated by force, with issues as a result to this day, such as Jammu and Kashmir.

As a result, for the first few decades of independent India, there existed a class of royals recognised within the republic, with privileges and financial support not that different to what they received during the period of British rule. But in 1971 this came tumbling down.

The then-Prime Minister Indira Gandhi amended the Indian Constitution to abolish all privileges and titles, along with any financial subsidies. She believed the whole system to be at odds with the secular socialist republic she was attempting to perfect. The move also had financial benefits: the large princely subsidies stopped being a drain on the Indian treasury while much of the royals’ gold and property were seized by the Government in the process. In 1972, Pakistan followed suit and similarly abolished its remaining princes’ titles.

But the title “Prince of Arcot” somehow escaped to carry on to the modern day … thanks to an unusual historical situation and the presentation of letters patent from Queen Victoria:

In 1855, the 13th Nawab of Arcot died without children. The British, influenced by the East India Company, declared the kingdom had lapsed as a result and annexed it entirely. As a token compensation, Queen Victoria in 1870 gave the last Nawab’s uncle a pension and the title of “His Highness the Prince of Arcot” for him and his descendants in perpetuity. This was granted in a type of royal charter, known as letters patent.

As there was no land still to rule, the Princes of Arcot existed in a strange realm of being kings without a kingdom but with significant influence and prestige. The title continued to pass down through the original holder’s family and they built a large palace, Amir Mahal, in Madras that became a centre of culture instead of one of government.

H/T to Colby Cosh for the link.

June 16, 2021

“One nation, indivisible”?

Filed under: History, Politics, USA — Tags: , , — Nicholas @ 03:00

As a child in England and then in Canada, I was used to the relatively low-key acknowledgements of the Crown and the nation which may be why I was quite befuddled watching American TV portrayal of the in-your-face patriotic displays of the United States, especially the Pledge of Allegiance required of schoolchildren. It seemed oddly statist and even collectivist (although I didn’t know those terms at the time) for a country that constantly seemed to be patting itself on the back as the “home of the free”. I later learned that the Pledge hadn’t even been invented until nearly a century after the nation had been established (and the current version was devised and popularized by a noted utopian socialist, then adopted by Congress in 1942). Tom Mullen explores how the Pledge came about and considers the idea that it is time to drop it:

“American Flag” by JeepersMedia is licensed under CC BY 2.0

An Atlanta, Georgia, charter school announced last week its intention to discontinue the practice of having students stand and recite the Pledge of Allegiance during its schoolwide morning meetings at the beginning of each school day, opting to allow students to recite the pledge in their classrooms instead. Predictably, conservatives were immediately triggered by this “anti-American” decision, prompting the school to reverse its decision shortly after.

The uproar over periodic resistance to reciting the pledge typically originates with Constitution-waving, Tea Party conservatives. Ironically, the pledge itself is not only un-American but antithetical to the most important principle underpinning the Constitution as originally ratified.

[…]

Then, there’s “indivisible”. One would think a federation born by its constituent states seceding from the nation to which they formerly belonged would make the point obvious enough. But the Declaration makes it explicit:

    That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

It would be impossible to exercise that right — that duty, as the Declaration later calls it — if the republic were indivisible. The strictest constructionists of the time didn’t consider the nation indivisible. Thomas Jefferson didn’t threaten to send troops to New England when some of its states considered seceding upon his election. Quite the opposite. And in an 1804 letter to Joseph Priestly, he deemed a potential split in the union between “Atlantic and Mississippi confederacies” not only possible but “not very important to the happiness of either part.”

The people advocating “one nation, indivisible” in those days were big government Federalists like Hamilton, whose proposals to remake the United States into precisely that were flatly rejected in 1787.

Proponents of absolute, national rule like to quip this question was “settled” by the American Civil War. That’s like saying Polish independence was “settled” by Germany and the Soviet Union in 1939.

In fact, it is precisely the trend towards “one nation” that has caused American politics to become so rancorous, to the point of boiling over into violence, over the course of the last several decades. This continent is inhabited by a multitude of very different cultures, which can coexist peacefully if left to govern themselves. But as the “federal” government increasingly seeks to impose a one-size-fits-all legal framework over people who never agreed to give it that power, the resistance is going to get more and more strident. If there is any chance to achieve peace among America’s warring factions, a return to a more truly federal system is likely the only way.

Getting rid of the un-American pledge to the imaginary nation would be a good, symbolic start.

May 19, 2021

The ginger Windsor loose cannon on “bonkers” free speech protection in the United States

Filed under: Britain, Law, Liberty, USA — Tags: , , , — Nicholas @ 03:00

James Delingpole on the latest unfortunate burble from one of the much lesser members of the House of Windsor:

Prince Harry and Meghan Markle visit Titanic Belfast in March 2018.
Photo from the Northern Ireland Office via Wikimedia Commons.

Prince Harry’s epic stupidity is probably inherited from his presumed father, the Prince of Wales. Prince Charles, too, only got two A levels — a B in History and a C in French — yet somehow strings were pulled to land him a place at Cambridge University (normally it would have required something like three A grades at A Level, plus a decent performance in the entrance exam), where he scraped a lowly 2:2 in History.

There is, of course, nothing wrong with being epically, fabulously, unbelievably stupid. Many upper-class men successfully make their brainlessness part of their comical charm. Where stupidity becomes unattractive and culpable, though, is when it’s deployed to comment on issues far, far above its pay grade, and when it’s afforded undeserved prestige.

No one as thick as Harry, it’s surely a given, ought ever be allowed on to a public platform to pronounce on issues as vital as the protection of free speech. Yet this is exactly what happened when Harry was given space to expound his half-baked views on a podcast. Sure, Harry had the good grace to admit that he hadn’t a clue what he was talking about:

    I don’t want to start going down the First Amendment route because that’s a huge subject and one which I don’t understand because I’ve only been here a short time.

Unfortunately, that didn’t stop him declaring that he thought the First Amendment was “bonkers”.

His explanation as to why he thought so was a bit incoherent, but it seemed to involve his belief that it could be used for something bad called “ideology” and could be used as an excuse to “spread hate”. He added: “Laws were created to protect people.” What I’m guessing Harry was struggling to do was to try to wheel out the woke cliche that while free speech is fine, “hate speech” isn’t fine and should not enjoy constitutional protection. This threadbare argument can be demolished in a second by anyone with more than two A Levels. Essentially if “free speech” laws don’t protect “hate speech” then they are not really free speech protection laws at all.

Like Prince Harry, I wouldn’t consider myself to be an expert on U.S. history. But I do dimly recall that round about the second half of the 18th century America’s colonists successfully freed themselves from rule by one of Prince Harry’s ancestors. The U.S. Constitution — and that pesky First Amendment — was one of the consequences.

April 21, 2021

QotD: Freedom of speech in Canada

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

We have nothing like the First Amendment; our Supreme Court is a Leftist institution par excellence and has even decreed in effect that truth is no defense in cases where “protected groups” are insulted or offended. Paragraph 140 of a 2013 Judgment finds “that not all truthful statements must be free from restriction. Truthful statements can be interlaced with harmful ones or otherwise presented in a manner that would meet the definition of hate speech.” Section 15 (2) of the Constitution Act of 1982 abridges the rights that section 15(1) guarantees Canadian citizens.

Further, our Human Rights Tribunals are Soviet-style shadow courts that discard due process in adjudicating cases of supposed discrimination or “hate speech.” As Canadian Human Rights Commissioner Dean Steacy said: “Freedom of speech is an American concept, so I don’t give it any value.” Openness to everything except freedom of speech, chartered principle and practical reason is the hallmark of our justice system, as it is of the nation. As Carl Sagan quipped in The Demon-Haunted World: “It pays to keep an open mind, but not so open your brains fall out.”

David Solway, “The Canadian Mind: A Culture So Open, Its ‘Brains Fall Out'”, PJ Media, 2018-10-10.

April 12, 2021

The Constitution of the Spartans

Filed under: Europe, Government, Greece, History, Law, Military — Tags: , , , , — Nicholas @ 04:00

Historia Civilis
Published 11 Sep 2017

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Sources:
The Constitution of the Spartans, by Xenophon: http://amzn.to/2j7JXTB
The Moralia, by Plutarch: http://amzn.to/2gNMYHU
Parallel Lives: The Life of Lycurgus, by Plutarch: http://amzn.to/2xS29nI
Politics, by Aristotle: http://amzn.to/2wMq5ss
Rhetoric, by Aristotle: http://amzn.to/2xS3niO
Laws, by Plato: http://amzn.to/2wLpsiN
On the Republic, by Cicero: http://amzn.to/2j7Flgg
The Histories, by Herodotus: http://amzn.to/2xdH4a7
The Spartan Regime, by Paul A. Rahe: http://amzn.to/2vPmRqS
Property and Wealth in Classical Sparta, by Stephen Hodkinson: http://amzn.to/2xdV7MS
The Rise of Athens, by Anthony Everitt: http://amzn.to/2j69uMS
Persian Fire, by Tom Holland: http://amzn.to/2vPyCxE

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Music:
“Air Hockey Saloon,” by Chris Zabriskie
“Candlepower,” by Chris Zabriskie
“CGI Snake,” by Chris Zabriskie
“Heliograph,” by Chris Zabriskie
“Hallon,” by Christian Bjoerklund

From the comments:

Temporary Fakename
3 years ago
You know, i thought the Roman political system was pretty odd and arcane. But the Spartans have a dual monarchy that has absolute power, except when it doesn’t, an elected Senate that is chosen partially randomly that can pass whatever the hell they want with a public assembly and punish kings, except when an all-male aristocracy decided no, a female aristocracy that is overwhelmingly rich but can’t vote, and a population so terrified of its own slaves that it ritually committed atrocities against them. Compared to that Roman politics look simple and elegant.

I found the presentation quite interesting and informative, but I felt that some discussion of the differences between the terrible plight of the Helots and the not-quite-free status of the Perioikoi was merited. I also felt that the final segment on the eventual decline of Sparta missed a major factor — Spartan military defeats in the Battle of Leuctra in 371 BC and the Battle of Mantinea in 362 BC — but reading down in the comments, I saw someone else had already brought this up:

xelena
2 years ago (edited)
This is a good video, but is missing a super important point at the end: The cause for the decline of Spartan power was its defeat by Epaminondas of Thebes and his freeing of Messenia (the land of the Helots). He also founded Messene in Messenia and Megalopolis in Arcadia for the Helots, which became a powerful check to Sparta. Spartan power never recovered from this death blow to its slave economy and continued to wither away into the nothingness you describe.

Epaminondas is mostly forgotten today, but he was one of the greatest men of antiquity. It was him and Pelopidas who put to bed the myth of Spartan invincibility and freed an entire people who had been enslaved for centuries. So in a way, the crippling blow did come from other Greeks, and the Helots did participate in it.

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