World War II, which I have described (in The Probability Broach) as a struggle between competing brands of fascism, was much the same thing. For the beleaguered people of Europe, it meant being forced to choose between Adolf Hitler and Josef Stalin. Would you rather be shot or gassed?
For Americans, it meant looking for protection by a political regime so grossly and criminally corrupt that future historians will shake their heads, wondering how an entire people could be such suckers. “The Greatest Generation”, that miserable collectivist mouthpiece Tom Brokaw has called them. Looking back over what my father told me of his life, how his family suffered in the government-caused Great Depression, how he and his comrades risked unspeakable danger in the war, and how he became a prisoner in Germany — all to aggrandize the virtual godhood of Franklin Delano Roosevelt — I call them “The Gullible Generation”.
On the other hand, people loved the Roosevelt Administration so much that they passed a Constitutional amendment to make sure that no sonofabitch could ever be elected to more than two Presidential terms again.
World War II gave government complete, dictatorial control of American society, control of industry, control of communications, control of the economy, control that Roosevelt had desperately lusted after before the war, but failed to achieve. If anyone objected, or insisted on his rights under the Constitution, all the other side had to say was, “Don’t you know there’s a war on?”
The government enjoyed that level of control. Once the war was won, and people looked forward to a period of peace, the government plunged us into the Korean War, Vietnam, and an increasing number of undeclared and stupid conflicts in order to retain its power. “Don’t you know there’s a war on?” never worked quite as well as it had to shut dissenters up, but it’s clear that this scam will go on and on and on until something drastic is done to stop it.
L. Neil Smith, “The Deep State”, Libertarian Enterprise, 2019-04-14.
October 7, 2020
QotD: The gullible generation
October 2, 2020
The “Catch-22” in RBG’s majority opinion in City of Sherrill V. Oneida Indian Nation of N.Y.
In The Line, Meaghie Champion outlines the awkward position the Oneida First Nation found itself in after their case made it to the US Supreme Court:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.
In 2005, in the case of the City of Sherrill V. Oneida Indian Nation of N.Y., the U.S. Supreme Court ruled against the Oneidas, after the nation had attempted to assert sovereignty in traditional land they had to re-purchase after it had been illegally acquired.
Writing the majority position was the late liberal figurehead now being lionized in U.S. media — Ruth Bader Ginsburg.
Granted, she fought for women’s rights and accomplished a lot. She was a law school professor and a judge. She was one of the leaders of the American Civil Liberties Union. She was the second woman to ever serve on the United States Supreme Court. She was influential in a lot of cases on the Supreme Court, including a labour law case that inspired a law to be passed, and an environmental case that set new standards for who could be heard in court on environmental issues. Since her recent death, the news coverage has been singing her praises like hagiography.
But study history and you will find lots of villains, and no saints. Many First Nations people in North America look on Ginsburg’s reification with a much more skeptical eye.
Meanwhile, the sovereignty of many Indigenous nations in B.C. has never been extinguished. Many First Nations here are being corralled into signing treaties that give up lands, rights and sovereignty. They may look to the Oneida as a cautionary tale. When it comes to sovereignty, you must use it or lose it. Don’t look to courts to give it back later. Not even when you have a social justice saint for a judge.
Ginsburg ruled that Indian land in central New York acquired in violation of U.S. federal law, a treaty, and the U.S. Constitution, could not be reintegrated into the ancestral lands of the Oneida Indian Nation — that the Oneidas would be required to pay property taxes to the local government of the City of Sherill. That is, unless the Oneidas sacrificed that land and allowed the federal government to administer it as a trust.
Justice Ginsburg wrote that 200 years had passed since the initial illegal acquisition, the land had passed hands between jurisdictions multiple times over the period, and that the Oneida had just waited too long. (Even though the U.S. Supreme Court acknowledged in 2005 that there was no specific time limit on this kind of case.) She claimed in her opinion that it would just be “unfair” to the non-natives in this case. If the Oneida had sued in court sooner, then it would have been different.
In the long and fraught web of relationships between First Nations and the United States government, it’s hard to pick a time before the late 20th century or early 21st where a First Nations case might be given full and fair hearing by any federal court, which shows Ginsburg’s opinion to be … lacking in historical sensitivity.
October 1, 2020
Supreme Court Shenanigans!
September 30, 2020
August 26, 2020
QotD: The U.S. Supreme Court
During almost every Supreme Court nomination battle, I try to make the same point: These fights wouldn’t be nearly so ugly if we didn’t invest so much power in the Supreme Court it shouldn’t have in the first place.
Until the Robert Bork nomination in 1987, Supreme Court fights were remarkably staid affairs. But by the late ’80s, the court had become a bulwark for all sorts of policies and laws that should rightly be in the portfolio of the legislative or executive branch, or, better, left to the various states. As a result, on any number of issues — most conspicuously abortion policy — the court became more important than the presidency or Congress. No wonder fights over Supreme Court appointments started to look more and more like political campaigns than debates over the finer points of judicial philosophy.
Jonah Goldberg, “Concentrated Power Inevitably Leads to Political Backlash”, Townhall.com, 2018-05-11.
August 24, 2020
How to rectify a serious error the Founding Fathers made in the US Constitution
In the latest Libertarian Enterprise, L. Neil Smith suggests that despite his respect for the founding fathers, they made a couple of serious mistakes in drafting the Constitution and it needs fixing quickly:
Founders’ Mistake Number Two: lies in the enumeration of the powers of Congress, to wit:
“They [congress] shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”
With those fifty-four words, the Founding Fathers gave birth to a permanent criminal class, as surely as the city councils of Seattle, Minneapolis. Philadelphia, New York, and Portland. Even “treason, felony, and breach of the peace” are for all practical purposes excepted, now, or three quarters of these miscreants would be languishing in prison. That heinous, stupid clause must be repealed or rewritten at once.
For many years, I have advocated reopening Alcatraz strictly for government criminals, although lately it occurs to me that Antarctica might be even better. Cash-poor Russia and the other two-for-a-nickel satrapies that lay claim to slivers of that frozen continent would give them up for thirty-seven cents and a good bus token. And I kind of like the ring of “McMurdo Sound Federal Penitentiary”.
But, as usual, I have, once again, digressed.
Another cure — with similar delightfully frostbitten consequences — might be to incorporate United States Code, Sections 241 and 242 directly into the Bill of Rights, probably as Amendment Zero. They establish the crimes of depriving folks of their rights “under color of law”, conspiring to deprive them of their rights under color of law, and prescribe extremely specific penalties.
To my knowledge, those laws are never properly applied, and that is a travesty and a tragedy. Make them an Amendment, and they might prove more effective. I would consider every American deprived of his or her rights to represent a separate punishable offense. How about three billion years in the freeze-dried slammer, Nancy, for your decades of malfeasance, misfeasance, nonfeasance, upfeasance, and downfeasance as a member in evil standing of the Viet Congress?
August 12, 2020
June 27, 2020
Maximilien Robespierre: The Reign of Terror
Biographics
Published 5 Jul 2018Maximilien Robespierre promised to usher a fairer, more representative form of government to the French people. What they got was a reign of terror that saw thousands facing the horror of the guillotine.
Visit our companion website for more: http://biographics.org
Credits:
Host – Simon Whistler
Author – Steve Theunissen
Producer – Jack Cole
Executive Producer – Shell HarrisBusiness inquiries to biographics.email@gmail.com
June 20, 2020
Opposition to home schooling is merely a side-issue for those who want government to control everything
Kerry McDonald recently took part in a debate with a Harvard academic who has called upon governments to ban homeschooling. She’s written up some of the things she took away from the discussion and from the many questions submitted before the event:
While this event was framed as a discussion about homeschooling, including whether and how to regulate the practice, it is clear that homeschooling is just a strawman. The real issue focuses on the role of government in people’s lives, and in particular in the lives of families and children. In her 80-page Arizona Law Review article that sparked this controversy, Professor Bartholet makes it clear that she is seeking a reinterpretation of the US Constitution, which she calls “outdated and inadequate,” to move from its existing focus on negative rights, or individuals being free from state intervention, to positive rights where the state takes a much more active role in citizens’ lives.
During Monday’s discussion, Professor Bartholet explained that “some parents can’t be trusted to not abuse and neglect their children,” and that is why “kids are going to be way better off if both parent and state are involved.” She said her argument focuses on “the state having the right to assert the rights of the child to both education and protection.” Finally, Professor Bartholet said that it’s important to “have the state have some say in protecting children and in trying to raise them so that the children have a decent chance at a future and also are likely to participate in some positive, meaningful ways in the larger society.”
It’s true that the state has a role in protecting children from harm, but does it really have a role in “trying to raise them”? And if the state does have a role in raising children to be competent adults, then the fact that two-thirds of US schoolchildren are not reading proficiently, and more than three-quarters are not proficient in civics, should cause us to be skeptical about the state’s ability to ensure competence.
I made the point on Monday that we already have an established government system to protect children from abuse and neglect. The mission of Child Protective Services (CPS) is to investigate suspected child abuse and punish perpetrators. CPS is plagued with problems and must be dramatically reformed, but the key is to improve the current government system meant to protect children rather than singling out homeschoolers for additional regulation and government oversight. This is particularly true when there is no compelling evidence that homeschooling parents are more likely to abuse their children than non-homeschooling parents, and some research to suggest that homeschooling parents are actually less likely to abuse their children.
Additionally, and perhaps most disturbingly, this argument for more state involvement in the lives of homeschoolers ignores the fact that children are routinely abused in government schools by government educators, as well as by school peers. If the government can’t even protect children enrolled in its own heavily regulated and surveilled schools, then how can it possibly argue for the right to regulate and monitor those families who opt out?
June 11, 2020
QotD: Equal rights
We must separate the moral dimensions of a subject from the empirical questions surrounding it. For example, on the radioactive issue of sex (or gender) differences in cognitive abilities, there is the empirical question of whether or how men and women diverge in certain tasks, and then there is the moral question of how men and women should be treated. Empirically, there is much evidence that in some tasks women excel over men, and in other tasks, men excel over women. For example, women are more dexterous while men are better at throwing; women are superior in visual memory whereas men are better at mentally rotating shapes; women are better at mathematical calculation while men are better at mathematical problem-solving; in terms of overall general intelligence (g), however, there is no gender difference. Morally, however, none of this matters. We should support women’s rights regardless of any physical or cognitive differences between the sexes. To yoke one’s moral evaluation to empirical questions like this is a big mistake; worse is to assume that this is what people always do and therefore we must suppress any empirical evidence that there are differences, as this will only tilt people’s moral judgments toward empirical outcomes.
This reminds me of the debate in the late 1980s through mid-1990s about whether homosexuality was nature or nurture, something you were born to be or a lifestyle choice. Conservatives and Christians argued for the “choice” position and this led to efforts to “convert” gays to straight (or “pray the gay away”) because something that is learned can be unlearned. This led the gay community and supporters thereof to argue for the “born this way” position. The cumulative evidence from multiple lines of inquiry led to the nature position more than that of nurture, but this was another example of confusing the empirical question of the origin of homosexuality with the moral question of the rights of gays and lesbians (today the LGBTQ community). It should go without saying — but unfortunately in these times it must be said again and again — it doesn’t matter what the origins of homosexuality turn out to be, gays and lesbians and everyone else in the LGBTQ community are entitled to the same rights and privileges as everyone else protected by the constitution of their nation (and those nations that have yet to extend legal rights to gays and lesbians need to change their constitutions).
Michael Shermer, interviewed by Claire Lehmann, “The Skeptical Optimist: Interview with Michael Shermer”, Quillette, 2018-02-24.
June 5, 2020
Australia’s 1975 constitutional crisis back in the news
Colby Cosh outlines the events of 1975, where the Governer-General of Australia, Sir John Kerr, used his reserve powers to dismiss the government of Gough Whitlam and call for a fresh federal election in which Whitlam’s party was soundly defeated. In taking this action, Sir John corresponded with Queen Elizabeth and after his retirement deposited those documents with the National Archives. The bulk of his papers were made available to researchers after the statutary 30 year delay, but the letters involving Her Majesty were withheld for 60 years. An Australian historian has now successfully challenged the National Archives in Federal Court:

National Archives of Australia in Parkes, Australian Capital Territory.
Photo by Bidgee via Wikimedia Commons.
The confrontation at Yarralumla, and the various narrative twists and turns leading up to it, are a major event in Australian constitutional history. Which brings us to Jenny Hocking, a left-leaning historian who is a top specialist on the 1975 crisis.
Hocking knew that Kerr, after his retirement, had deposited copies of his correspondence with the Queen in Australia’s National Archives. Hocking made good professional use of Kerr’s formal papers, made available to the public in 2005 under the 30-year rule that covers Australian state papers. But Kerr had, with the agreement of the Archives, made separate arrangements for his letters to and from the Queen — the so-called “(Buckingham) Palace letters”.
[…]
The National Archives, trying to stand by its bargain with Kerr as a donor, successfully argued that while papers generated or received by “the official establishment of the Governor-General” would clearly be ordinary public records under Australian law, the letters that Hocking wanted to see didn’t involve “the official establishment,” but merely Kerr himself as … well, just a guy. The Federal Court found that the Palace letters therefore had the legal status of one of Sir John’s grocery bills, or sex diaries, or anything else that he would be perfectly entitled to stick in a locked box for 50 years.
(Or to burn in private. Which was an option he had, but rejected, explaining explicitly that he wanted future historians to have access to the material. But not for them to have it so soon that it might surprise or embarrass the Queen during her own lifetime.)
What happened last week was that the case reached Australia’s top court and Hocking won a smashing victory. Kerr’s correspondence with the Queen is known to have contained discussions of the Australian constitutional situation, and in view of that, the High Court said, the Federal Court’s distinction between Commonwealth records and personal correspondence must be regarded as a bogus artifice. The concepts aren’t mutually exclusive.
The Archives also asserted that queen-viceroy letters attract a higher level of secrecy “by convention” in all the Queen’s realms, but they couldn’t produce evidence that such a convention exists. Hocking’s costs must be covered by the Archives, and as far as the letters go, the ball is in their court legally. They could still use a “national security” exemption to withhold some of the material, and the freedom with which this magic formula is used by archival gatekeepers is notorious. But it may soon be possible for Australians to read the final chapter of the cataclysmic Kerr-Whitlam story.
June 1, 2020
QotD: The right to keep and bear arms
The bureaucrat who commands an army of over forty-nine thousand armed men and women (the largest police force in the world, slightly more than three Army divisions) in its century-old struggle against the Bill of Rights, has loftily decreed on 60 Minutes, the famous CBS newsish show, that it is “insanity” to “allow” national concealed carry reciprocity for law-abiding citizens. This according to an article that appeared this week on the Breitbart website, written by their distinguished Second Amendment specialist, A.W.R. Hawkins.
The bureaucrat in question is New York Police Department Commissioner James O’Neill, an individual who clearly believes that his thirty-five years spent plodding unspectacularly up the NYPD chain of command equips him better to tell you what your rights are, and what they are not, than the Founding Fathers of this country and the Framers of its unique social contract.
Well I’ve got news for you, Jimmy, there is no “allow”.
“Every man, woman, and responsible child has an unalienable individual, civil, Constitutional, and human right to obtain, own, and carry, openly or concealed, any weapon — rifle, shotgun, handgun, machine-gun, anything — any time, any place, without asking anyone’s permission.”* That’s the essential freight of the Second Amendment to the United States Constitution, the highest law of the land, which you and yours have been illegally suppressing since passage of the 1911 Sullivan Act, named for Tammany Hall’s Timothy Sullivan, perhaps the most corrupt, bigoted politician ever to occupy office in New York.
Since the ability to own and carry weapons unmolested by the State is a fundamental right, there can be no thought of any unit of that state “allowing” it or not “allowing” it. Any government employee who attempts to interfere with that right deserves a long stay in prison among those whose rights he’s violated. Note that I am not saying that peace and civil order are a bad thing, just that it has to be achieved within Constitutional parameters. The Founders put them there for a reason; they had seen the rule of law abused too often by arrogant and brutish British authorities.
* “The Atlanta Declaration”, L. Neil Smith, 1987
L Neil Smith, “There Is No ‘Allow’, Jimmy”, Libertarian Enterprise, 2018-02-18.
May 19, 2020
The Karenist coup
L. Neil Smith on our current self-inflicted plight:
We find ourselves here, in this particular time and this particular place in the history of our republic, because of a 239-year-old oversight made by the Founding Fathers, in that the first ten amendments to the United States Constitution, commonly known as the Bill of Rights (the name itself is a mistake), contain no penalty clause for those — politicians, bureaucrats, policemen — who violate them. I’m not entirely sure it was accidental, but, as a result, they are violated daily, hourly, as a matter of course, and this Corona Virus farce — many others come to mind — is simply the most recent and most preposterous example.
(The name itself is an error because this document is not a mere list of privileges that the government generously lets the people exercise. Quite the opposite, it is a list of things that the government is absolutely forbidden to do It should have been called the “Bill of Limits”. And if the Founders, who had just fought and won a desperate, bloody war against the world’s most brutal and rapacious super-power, hadn’t meant them to be absolute, then why — for all you “living document” idiots out there — would they have even bothered to write them down?)
All over this bruised and battered country, a flock of mean, moronic, petty tyrants have issued illegal orders to those they clearly regard as the peasantry: stay home, avoid your fellow human beings, and above all, shut down the Machinery of Freedom which we know as capitalism. If it’s ever allowed to start up again, it must strictly be on terms that are essentially Marxist in character. No mere individual can ever again scratch his ass without written government approval and permission. In effect, the left has the revolution — as usual, achieved by somebody else — it has wanted for 180 years, since the days of Pierre-Joseph Proudhon.
What’s more, many otherwise decent and intelligent folks are out there begging for their rulers to let them be free again. I find that repulsive and unAmerican. And to those boobies (including Sean Hannity and Joy Behar) blubbering about patriots bring their weapons to demonstrations, listen up: the Founders meant the government to be intimidated by the people, you hapless buffoons.
My bottom line, here, is that, in the short run, we must free ourselves — now — from what we have to call Faucism. Scientific pleaders like the dictatorial doctor must be made painfully aware that when their pronouncements have clear political and economic consequences, their protests of innocence sound a bit too much like “I was just following orders”.
March 4, 2020
QotD: Tax cuts “for the rich”
I keep hearing about how tax cuts are “giveaways” for the rich. Never mind that some rich people will see their taxes go up. This is philosophically grotesque. The people saying it may be more civilized and restrained than the pro-government mobs in the streets of Caracas, but it’s still basically the same idea: “The People” or “the nation” own everything. The state is the expression of the peoples’ spirit or of the nation’s “will”, and therefore it effectively owns everything. Thus, taking less money from you is the same as giving you more money.
This is why populism and nationalism, taken to their natural conclusions, always lead to statism. The state is the only expression of the national or popular will that encompasses everybody. So, the more you talk about how the fundamental unit of society is a mythologized collective called “The People” or the nation, the more you are rhetorically empowering the state.
Sure, the Constitution begins with the words “We the People,” but that is not a populist sentiment — it’s a statement of precedence in terms of authority: The people come before the government (not the European notion of the state). The spirit of the Constitution is entirely about the fact that The People are not all one thing. It places the rights of a single person above those of the entire federal government! It assumes not only that the people will disagree among themselves, but that the country will be better off if there is such disagreement. No populist frets about the tyranny of the majority. American patriots do.
But if you recognize that humans create wealth with their brains and their industry and that it therefore belongs to them, you’ll be a little more humble about the state’s “right” to take as much as it wants to spend how it wants. Human ingenuity is the engine of wealth creation, and there is no other.
But that doesn’t mean government doesn’t play a role. Because, as I said, there will be no wealth creation if there is no rule of law. There will be no investment or ingenuity if there is no guarantee that you will be able to collect on that investment or reap the benefits of your innovation. Without such an environment, the biggest mob wins. And when the mob wins, children starve to death in what should be one of the richest countries in the world.
Jonah Goldberg, “America and the ‘Original Position'”, National Review, 2017-12-22.
January 21, 2020
The United States Goes Dry – Alcohol Prohibition I THE GREAT WAR
The Great War
Published 20 Jan 2020In January 1920, after one year of preparation, the 18th Amendment to the US Constitution went into effect. From now on alcohol prohibition was the law.
» SUPPORT THE CHANNEL
Patreon: https://www.patreon.com/thegreatwar
Merchandise: https://shop.spreadshirt.de/thegreatwar/» SOURCES
Ehmer, K. and Hindermann, B. (2015). The School of Sophisticated Drinking. New York: Greystone Books.
Miron and Zwiebel, “Alcohol Consumption During Prohibition”. In the American Economic Review, Vol. 81, No. 2, pp. 242-247, (May 1991).
Darrow, Clarence, and John Haynes Holmes. Debate On Prohibition. Haldeman-Julius Co., 1924.
Iorizzo, Luciano J. Al Capone. Greenwood Press, 2003.
Nemtsov, Aleksandr. A Contemporary History of Alcohol in Russia. Stockholm, 2011.
Sullivan, Edward D. Rattling the Cup on Chicago Crime. New York: The Vangaurd Press, 1929.
United States Government, “Codification of Internal Revenue Laws, … Published Pursuant to Section 1203(c) Revenue Act of 1926”.
18th Amendment to the Constitution of the United States. https://www.loc.gov/rr/program/bib/ou…
United States Department of Agriculture. “Crop Production Historical Track Records, 2018”. https://www.nass.usda.gov/Publication…
Kamieński, Łukasz: “Drugs”, in: 1914-1918-online. International Encyclopedia of the First World War, ed. by Ute Daniel, Peter Gatrell, Oliver Janz, Heather Jones, Jennifer Keene, Alan Kramer, and Bill Nasson, issued by Freie Universität Berlin, Berlin 2019-03-07
Blocker, Jack S Jr. “Did prohibition really work? Alcohol prohibition as a public health innovation.” American Journal of Public Health vol. 96,2 (2006): 233-43.» SOCIAL MEDIA
Instagram: https://instagram.com/the_great_war
Twitter: https://twitter.com/WW1_Series
Reddit: https://reddit.com/r/TheGreatWarChannel»CREDITS
Presented by: Jesse Alexander
Written by: Mark Newton
Director: Toni Steller & Florian Wittig
Director of Photography: Toni Steller
Sound: Toni Steller
Editing: Toni Steller
Mixing, Mastering & Sound Design: http://above-zero.com
Maps: Daniel Kogosov (https://www.patreon.com/Zalezsky)
Research by: Jesse Alexander
Fact checking: Florian WittigChannel Design: Alexander Clark
Original Logo: David van StepholdA Mediakraft Networks Original Channel
Contains licensed material by getty images
All rights reserved – Real Time History GmbH 2020










