Quotulatiousness

March 4, 2025

Canada’s nasty authoritarian streak shows up in the “deprive Musk of his citizenship” online mob

Filed under: Cancon, Government, Media, Politics, USA — Tags: , , , — Nicholas @ 05:00

In The Line, Leonid Sirota explains why we can’t just arbitrarily deprive a Canadian of his citizenship rights just because Charlie Angus has riled up a social media mob to demand it:

Elon Musk wrapped in the Canadian flag – created with Grok.

One other incontrovertible fact about Mr. Musk is that he is a Canadian citizen. His mother was born in Canada — which made her a citizen — as are her children, even though they were born abroad.

A large number of Mr. Musk’s and my fellow Canadians find the coexistence of these facts to be obnoxious. Whether out of anger or embarrassment, they are lining up to sign a petition to Parliament to demand that he be deprived of his Canadian citizenship. As of this writing, the petition has been signed by about 300,000 people. (In theory, these are Canadian citizens or residents, though on the Internet, nobody knows you didn’t actually watch the McDavid goal 97 times on loop.) At least one member of Parliament, the NDP’s Charlie Angus, is supportive.

This is appalling. The reasons given for depriving Mr. Musk of his Canadian citizenship are fundamentally authoritarian, as is the contempt for both the substantive and the procedural legal requirements involved in deprivation of citizenship that the petition manifests. That a member of Parliament is supporting this abomination is especially disturbing (and one reason this whole mess is worth caring about).

To start with the substantive point, the idea that a Canadian could be deprived of his citizenship for political reasons ought to be beyond the pale of polite discussion. It is the sort of thing the Soviets did to Mstislav Rostropovich, Aleksandr Solzhenitsyn, and others. Is Mr. Musk a Solzhenitsyn? Well, no. But so what? The principles at stake here are universal. They do not depend on whether one is a martyr or a millionaire, a genius or a jerk. (Solzhenitsyn, at any rate, was both jerk and genius. So is Mr. Musk. Not that it matters.)

More to the point, do you want the Canadian government to have the power to deprive people of their citizenship for their political beliefs, statements, or activities? If you are okay with a government led by a Justin Trudeau or a Mark Carney having this power, do you agree that one led by Pierre Poilievre should? (Or, of course, vice versa.)

And yes, no matter how patriotic and indignant the people who sign the petition, or support it, may feel, the demand to take away Mr. Musk’s citizenship is political. The first recital of the petition accuses him of having “engaged in activities that go against the national interest of Canada”. I think the accusation is well-founded. But it is a political accusation: the national interest is a political concept. The petition then claims Mr. Musk “has used his wealth and power to influence our elections”. If he has, that is political action that Canadian citizens are entitled to take, subject to applicable laws, which the petition isn’t even alleging Mr. Musk broke. Finally, the petition claims that Mr. Musk “has now become a member of a foreign government that is attempting to erase Canadian sovereignty”. Stipulated. But the actions of this foreign government, no matter how dishonourable, distasteful, and dangerous for Canada, have so far stayed within the realm of politics.

February 27, 2025

1946’s Biggest Lie: How the World Misread “Universal Human Rights”

Filed under: History — Tags: , , , , , , , — Nicholas @ 04:00

TimeGhost History
Published 26 Feb 2025

In 1946, liberal democracy has outlasted fascism but faces fresh challenges from communism — and from within its own ranks. Thinkers like Karl Popper and Hannah Arendt question the foundations of natural rights, free speech, and the reach of government. As the UN debates universal human rights and colonies demand equality, a new liberalism emerges. Will it fulfill its ideals or crumble under the weight of global upheaval?
(more…)

February 10, 2025

Everyday Life in the Roman Empire – The Position of Women

Filed under: Europe, History — Tags: , , , , — Nicholas @ 02:00

seangabb
Published 11 Sept 2024

Part five in a series on Everyday Life in the Roman Empire, this lecture discusses the position of women during the Imperial period. Here is what it covers:

Introduction – 00:00:00
Limited Rights for the Lower Classes (95 per cent) – 00:02:02
Rome: The Patria Potestas – 00:07:02
Rome: Marriage – 00:13:05
Rome: Education of Girls – 00:18:40
Rome: Woman and Business – 00:22:11
Rome: Women and Politics – 00:30:07
Rome: Women Gladiators? – 00:33:30
The Empresses – 00:35:20
Agrippina the Younger – 00:39:36
Women: Rome and Athens Compared – 00:41:38
Evidence from Egypt – 00:46:22
Women Priests and Bishops in the Early Church? – 00:53:43
Women in Britain – 01:02:00
Bibliography – 01:05:20
(more…)

February 8, 2025

QotD: American gun rights

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

I was asked last night why, when I talk about politics, I focus on gun rights so much. Surely, said querent, there are lots of other important things for a libertarian like you to weigh in on. Censorship. DEI. AGW hysteria. The list goes on …

Fair question. It’s because many years ago L. Neil Smith, a libertarian SF writer sadly no longer with us, persuaded me of something important.

A politician’s attitude about firearms rights is a very reliable index for his actual attitude about individual freedom and agency.

Never mind what they say about other issues. A politician standing up for the right of ordinary citizens to be armed is sending a very reliable signal that he values their ability to assert their freedom, and trusts them to generally make correct choices about the use of violence even it might be directed against himself.

Conversely, a politician who is against gun rights is telling on himself. He fears the wrath of the people and wants them disempowered. He does not trust them to employ violence only when necessary.

And that’s actually the best case. In far too many cases, anti-gun politicians clearly dream of being the jackboot that stomps on human faces forever, and view the disarmament of the general population as a step towards that end.

If I must have politicians meddling in my affairs, I demand at the very least that they respect my freedom and my agency. That’s why I demand that they respect my right to keep and bear arms.

Gun rights may look like a narrow single issue. It isn’t. It’s an even better index of a politician’s attitude about liberty than questions about free speech and censorship, because it pushes the stakes higher. Because words can’t kill you, but arms wielded by enraged citizens can.

No matter what soothing words drop from his lips, no matter what promises he makes, the politician who tries to disarm you is always, always, always your enemy. Never forget that.

ESR, Twitter, 2024-11-06.

January 6, 2025

QotD: The right to bear arms

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

Thomas Jefferson’s question, posed in his inaugural address of 1801, still stings. If a man cannot be trusted with the government of himself, how can he be trusted with the government of others? And this is where history and politics circle back to ethics and psychology: because “the dignity of a free (wo)man” consists in being competent to govern one’s self, and in knowing, down to the core of one’s self, that one is so competent.

And that is where ethics and psychology bring us back to the bearing of arms. For causality runs both ways here; the dignity of a free man is what makes one ethically competent to bear arms, and the act of bearing arms promotes (by teaching its hard and subtle lessons) the inner qualities that compose the dignity of a free man.

It is not always so, of course. There is a 3% or so of psychotics, drug addicts, and criminal deviants who are incapable of the dignity of free men. Arms in the hands of such as these do not promote virtue, but are merely instruments of tragedy and destruction. But so, too, are cars. And kitchen knives. And bricks. The ethically incompetent readily (and effectively) find other means to destroy and terrorize when denied arms. And when civilian arms are banned, they more readily find helpless victims.

But for the other 97%, the bearing of arms functions not merely as an assertion of power but as a fierce and redemptive discipline. When sudden death hangs inches from your right hand, you become much more careful, more mindful, and much more peaceful in your heart — because you know that if you are thoughtless or sloppy in your actions or succumb to bad temper, people will die.

Too many of us have come to believe ourselves incapable of this discipline. We fall prey to the sick belief that we are all psychopaths or incompetents under the skin. We have been taught to imagine ourselves armed only as villains, doomed to succumb to our own worst nature and kill a loved one in a moment of carelessness or rage. Or to end our days holed up in a mall listening to police bullhorns as some SWAT sniper draws a bead …

But it’s not so. To believe this is to ignore the actual statistics and generative patterns of weapons crimes. “Virtually never”, writes criminologist Don B. Kates, “are murderers the ordinary, law-abiding people against whom gun bans are aimed. Almost without exception, murderers are extreme aberrants with lifelong histories of crime, substance abuse, psychopathology, mental retardation and/or irrational violence against those around them, as well as other hazardous behavior, e.g., automobile and gun accidents.”

To believe one is incompetent to bear arms is, therefore, to live in corroding and almost always needless fear of the self — in fact, to affirm oneself a moral coward. A state further from “the dignity of a free man” would be rather hard to imagine. It is as a way of exorcising this demon, of reclaiming for ourselves the dignity and courage and ethical self-confidence of free (wo)men that the bearing of personal arms, is, ultimately, most important.

This is the final ethical lesson of bearing arms: that right choices are possible, and the ordinary judgement of ordinary (wo)men is sufficient to make them.

We can, truly, embrace our power and our responsibility to make life-or-death decisions, rather than fearing both. We can accept our ultimate responsibility for our own actions. We can know (not just intellectually, but in the sinew of experience) that we are fit to choose.

Eric S. Raymond, “Ethics from the Barrel of a Gun”.

December 28, 2024

How the H1B visa argument follows an earlier political struggle

Filed under: Business, Economics, Media, Politics, USA, Weapons — Tags: , , , , , , , , — Nicholas @ 03:00

On the social media platform formerly known as Twitter, ESR points out that the arguments over US work permits for foreigners might well have been prefigured by the now-receding tide of attempts to gut the second amendment:

    alexandriabrown @alexthechick
    It is difficult to overstate how caustic this is to public debate and public acceptance of legislation. If you give us X, we will accept restriction Y is the basis of all compromise. When a party gets X on the basis of accepting Y, then immediately undermines Y, the deal is void.

This was part of a thread about H1B abuse, correctly pointing out that the companies who lobbied for H1B didn’t hold up their end of the deal, leaving many Americans feeling betrayed — especially tech workers who were fired in favor of an imported hire, then told their severance pay would be denied if they didn’t train their replacements.

I am, however, irresistibly reminded of another betrayal. One I’ve written about before — but maybe at least part of this story needs to be told again.

Today in the 21st century most of the American gun culture is bitterly, even fanatically opposed to more “gun control” laws, and howling for all of them clear back to the National Firearms Act of 1934 to be repealed. Donald Trump earned huge support with his promise to get national concealed-carry reciprocity pushed through Congress.

We weren’t always like that. Long ago, before 1990, many of us were less resistant to new gun control measures. Sometimes major gun-rights organizations would even help lawmakers draft legislative language.

(Yes, I was a gun owner then. So I’m not going by legends, but by lived experience.)

What changed?

The quid-quo-pros we were offered were many variations of “If you will accept this specific restriction X, we will stop pushing. We will stop trying to undermine your Second Amendment rights in general. Help us save the chilllldren!”

That promise was never kept. Gradually, we noticed this. It always turned out that the minority of angry suspicious people who said “This won’t be enough, they’ll come back for another bite!” were right.

Eventually, some documents leaked out of one of the major graboid organizations that revealed a conscious strategy of salami-slicing — instead of challenging gun rights directly, they intended to gradually make owning personal weapons less useful and more onerous until the culture around them collapsed.

So nowadays we’re pretty much all angry and suspicious. Even restrictions that do little harm and might be objectively reasonable (bump stocks, anyone?) touch off tsunamis of protest.

People offering us more “deals” (just give up this one little thing, mmmkay?) now have negative credibility.

Are you paying attention, Big Tech? (Particularly you, @elonmusk, and you, @VivekGRamaswamy.) Because you’re almost there, now. Too many people see that H1B has become an indentured-servitude fraud that victimizes both the workers it imports and the Americans it displaces.

You credibility isn’t as shot as the gun-banners’ yet. You still have some room for recovery on “high-skilled immigation” in general, but it’s decreasing.

Your smart move would be to sacrifice H1B so you can keep the O-1 “genius” visas. I advise you to take it, because if you dig in your heels I think you are likely to lose both.

And on the reason so many Americans have become angry about blatant and exploitive H1B visa abuse:

Today’s big beef is between tech-success maximizers like @elonmusk and MAGA nationalists who think the US job market is being flooded by low-skill immigrants because employers don’t want to pay competitive wages to Americans.

To be honest, I think both sides are making some sound points. But I’d rather focus on a different aspect of the problem.

When I entered the job market as a fledgling programmer back in the early 1980s, I didn’t have to worry that some purple-haired harpy in HR was going to throw my resume in the circular file because I’m a straight white male.

I also didn’t have to worry that a hiring manager from a subcontinent that shall not be named would laugh at my qualifications because in-group loyalty tells him to hire his fourth cousin from a city where they still shit on the streets.

It’s a bit much to complain that today’s American students won’t grind as hard as East Asians when we abandoned meritocracy more than 30 years ago. Nothing disincentivizes working your ass off to excel more than a justified belief that it’s futile.

Right now we’re in and everybody-loses situation. Employers aren’t getting the talent they desperately need, and talent is being wasted. That mismatch is the first problem that needs solving.

You want excellence? Fire the goddamn HR drones and the nepotists. Scrap DEI. Find all the underemployed white male STEM majors out there who gave up on what they really wanted to do because the hiring system repeatedly punched them in the face, and bring them in.

Don’t forget the part about paying competitive wages. This whole H-1B indentured-servitude thing? It stinks, and the stench pollutes your entire case for “high-skill” immigration. You might actually have a case, but until you clean up that mess Americans will be justified in dismissing it.

These measures should get you through the next five years or so, while the signal that straight white men are allowed to be in the game again propagates.

I’m not going to overclaim here. This will probably solve your need for top 10% coders and engineers, but not your need for the top 0.1%. For those you probably do have to recruit worldwide.

But if you stop overtly discriminating against the Americans who could fill your top 10% jobs, your talent problem will greatly ease. And you’ll no longer get huge political pushback from aggrieved MAGA types against measures that could solve the rest of it.

Doesn’t that seem like it’s worth a try?

November 21, 2024

“If the Federal Court of Appeal greenlights that standard for freedom of peaceful assembly … then governments would have the power to ban virtually every large protest”

Filed under: Cancon, Government, Law, Liberty — Tags: , , , , — Nicholas @ 04:00

In The Line, Josh Dehaas explains why Justice Mosley’s Federal Court decision earlier in 2024 didn’t go far enough to protect Canadians’ rights, specifically their right to assemble in large numbers where the government claims to think that things might get violent:

Arms of the Federal Court of Canada

Earlier this year, Justice Mosley of the Federal Court of Canada ruled that the invocation of the Emergencies Act in response to the Freedom Convoy protests was illegal.

There was a lot to like in that ruling, not least of which because it agreed with the official position of my organization, the Canadian Constitution Foundation.

First, Mosley agreed that the definitions of “national emergency” and “threats to the security of Canada” weren’t met by the federal government, thus invalidating their use of the Emergencies Act. Second, the Justice agreed that freezing bank accounts without a warrant violated the Charter right against unreasonable searches. Third, he agreed that the regulations that banned travelling to, participating in, and funding certain assemblies under threat of up to five years in prison violated freedom of expression.

But not all of Mosley’s ruling was commendable, from our point of view. What we didn’t like was a finding that the same regulations that violated expression because they banned a person from “merely going onto Parliament Hill waving a placard” regardless of whether that person had blockaded or breached the peace, didn’t also violate the Charter guarantee of freedom of peaceful assembly. How could that be? The CCF is asking the Federal Court of Appeal to overturn that finding when it hears the government’s appeal, most likely in early 2025.

This week, we got the government’s stunning and frankly, disturbing, response to that very point of contention. We expected the government to argue that the limitations to individuals’ rights to peaceful assembly were reasonable, given the need to deal with the protest writ large. That wasn’t their only claim.

Instead, the government pulled out an entirely novel line of reasoning, arguing that the Charter doesn’t protect assemblies if they might turn violent or breach the peace. If the Federal Court of Appeal greenlights that standard for freedom of peaceful assembly — establishing a new precedent on when Charter freedoms can be subject to limits — then governments would have the power to ban virtually every large protest. The federal government’s view that assemblies are not Charter-protected and can be blocked in advance if someone in the crowd might reasonably be expected to breach the peace cannot stand if we’re to have any meaningful right to peaceful assembly at all.

October 8, 2024

For progressives, “freedom” means getting to choose who rules over you

Filed under: Media, Politics, USA — Tags: , , — Nicholas @ 04:00

Chris Bray reacts to an Anne Applebaum podcast hosted at The Atlantic which certainly demonstrates that progressives have a very different definition of the word “freedom” than most people:

Opening the discussion, Applebaum and co-host Peter Pomerantsev “explain” that there are two competing models of freedom in the American past. One model is adherence to American political norms, centered on submission to the authority of the federal government. Read this carefully:

    Pomerantsev: Anne, the common conception — the one that I have, anyway — is that freedom is meant to be a good thing. Freedom is meant to be the same thing as democracy. Those two words — I hear them used interchangeably. Freedom means the Bill of Rights, the freedom of the press, the freedom of assembly, the freedom to choose who rules you.

Freedom is choosing who rules you. “Freedom is meant to be a good thing.”

There’s a scene in The Forty Year-Old Virgin in which a bunch of young men sit around drinking beers and talking about sex with their slightly odd older co-worker, and he starts trying to agree with them about how hot it is to touch a woman. “Yeah, man,” he says, fidgeting in his chair. “It’s so hot! It’s like … touching a … bag of sand.” They instantly realize that he’s never done the thing he’s describing.

So. Just a few days ago, I argued that whole layers of high-status American political and cultural figures are “no longer culturally American”. They don’t see the country, they don’t like the country, and they don’t have the most basic American instincts. Peter Pomerantsev thinks that living in America is like touching a bag of sand.

If freedom is “the Bill of Rights” and “the freedom to choose who rules you”, then no human being on the planet was ever free before the Bill of Rights was ratified, and no one outside the United States currently has freedom. You become free only with the promulgation of formal governmental rules on the existence of your freedom. Freedom is a federal document. “Freedom is meant to be democracy”, and those words are interchangeable. Freedom is voting. A stateless society without authorities who rule over the people is unfree: they don’t vote. You have to be ruled to become free.

This man is a dangerous idiot.

But then, incredibly, Anne Applebaum outdoes him:

    Applebaum: Not quite. There’s another equally old American version of freedom, which is freedom to defy the federal government — you know, the freedom to go out into the Wild West and make up your own rules.

Applebaum begins a discussion with a history professor, Jefferson Cowie, who “explains” that this sick and dangerous idea of American freedom centers on the freedom to dominate others. “He describes how white settlers in the 1830s refused to abide by treaties that the federal government had signed with Native Americans and, instead, would repeatedly steal their land.”

    Cowie: And so you have this really explosive moment where white settlers were promised, in some broad sense, access to land. They were denied it. And they took their claims of freedom against the federal government that was denying them the ability to take the land of other people — their freedom to steal land, basically.

Applebaum and Cowie go on to make other comparisons in which, for example, George Wallace argued for the freedom to impose racial segregation against the federal insistence on equal rights. Cowie winds up for the big finish:

    We allow the word freedom to work in the political discourse because it appears to be a kind of liberal value, but underneath it is actually a very powerful ideology of domination. And that’s what he’s really talking about there, because it’s at that moment that the federal government is coming in to take away their freedom to control the political power of Black people.

So in every conflict over this model of freedom, a relentlessly emancipatory federal government — benevolent, respectful of minority rights, committed to justice for all — slams into state and local knuckle-draggers who say they want freedom, but are only using that word to mean that they want to hurt and dominate other people. The federal government is social rules, fairness, decency; resistance to federal authority manifests a sick conception of freedom at the inherently unfair lower levels of American society. State officials are mean; communities are vicious; the federal government is nice. Unclear how the mean locals turn into angels when they move to hold office in the District of Columbia, but there’s somehow a magic process of transformation in which a cruel people have a wise and decent central government. Power always makes people much kinder and more restrained.

This is derangement, and an assault on the most basic American history. It’s madness, but deliberate madness.

September 27, 2024

Ronald Reagan never said this … but Karl Marx did

Filed under: History, Quotations, USA, Weapons — Tags: , , , , , , — Nicholas @ 04:00

At The Take, Jon Miltimore discusses a fake Ronald Reagan quote-on-a-poster being sold through Amazon and reveals that the quote actually originates with Karl Marx:

For just $9.99, people can go on Amazon and buy wall art of Ronald Reagan apparently defending the Second Amendment.

“Under no pretext should arms and ammunition be surrendered,” the text reads next to a picture of Reagan; “any attempts to disarm the people must be stopped, by force if necessary”.

There are a few problems with the quote, but the biggest one is that Reagan never said it.

As numerous fact checkers have noted — including Reuters, Snopes, Factcheck.org, and Politifact — the author of the quote is none other than Karl Marx, the German philosopher and author of The Communist Manifesto who used language nearly verbatim to this in an 1850 address in London.

“Under no pretext should arms and ammunition be surrendered; any attempt to disarm the workers must be frustrated, by force if necessary,” Marx said in his “Address of the Central Committee to the Communist League“.

Marxists Not Embracing Marx’s Messaging?

In fairness to the many internet users duped by the fake Reagan meme, the quote sounds a bit like something Reagan could have said (though it’s highly unlikely the Gipper, a skilled and careful orator, would have ever said “by force if necessary”).

Reagan, after all, generally — though not universally — supported gun rights and was skeptical of efforts to restrict firearms.

“You won’t get gun control by disarming law-abiding citizens,” Reagan famously noted in a 1983 speech.

Some might be surprised that Marx and Reagan had similar views on gun control. Marx was of course the father of communism, whereas Reagan was famously anti-communist. Moreover, Marx’s modern disciples are staunch supporters of gun control, whether they identify as socialists or progressives.

“Guns in the United States pose a real threat to public health and safety and disproportionately impact communities of color,” Nivedita Majumdar, an associate professor of English at John Jay College, wrote in the Marxist magazine Jacobin. “Their preponderance only serves corporate interests, a corrupt political establishment, and an alienated capitalist culture.”

This distaste for guns goes beyond socialist magazines. As The Atlantic reported during the 2020 presidential election cycle, progressive politicians are increasingly embracing more stringent federal gun control laws.

“No longer are primary candidates merely calling for tighter background checks and a ban on assault weapons,” journalist Russell Berman wrote; “in 2019, contenders like Senator Cory Booker of New Jersey and Representative Beto O’Rourke of Texas were calling for national licensing requirements and gun-buyback programs”.

The point here is not to disparage politicians like O’Rourke and Booker as “Marxists”, a label they’d almost certainly object to. The point is that progressive politicians like Rep. Alexandria Ocasio-Cortez (D-NY) might channel Marx in their class rhetoric, but they are not embracing his messaging when it comes to the proletariat’s access to firearms.

As it happens, this is a common theme with Marxists throughout history.

July 28, 2024

J.D. Vance is an ideological extremist who has pushed an idea also supported by … Canadian deputy PM Chrystia Freeland

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

There’s much viewing-with-alarm and pearl-clutching going on over some of J.D. Vance’s more outré notions floated before he became Trump’s running mate:

U.S. Senator J.D. Vance speaking with attendees at The People’s Convention at Huntington Place in Detroit, Michigan, 16 June, 2024.
Detail of a photo by Gage Skidmore via Wikimedia Commons.

One of the amusing features of this week’s U.S. election turbulence has been sudden media scrutiny of Ohio Republican Senator J.D. Vance, a former author and pundit newly named as Donald Trump’s running mate. Readers will know I’m a sadistic student of electoral reform crusades, and in 2021 Vance advocated for one of the myriad of utopian ideas that has never quite reached prime time: parents should be given extra votes that they can exercise on behalf of their minor children.

[…]

Critics of Vance are screaming about the sacred principle of “one person, one vote” — but of course the centrists and liberals who have toyed with the same idea support it precisely because children are persons who deserve political representation. (They would be represented second-hand by their parents until the age of majority, but us adults are all represented that way in democratic decision-making now, right?) Earlier this week Reason magazine published a short excerpt from a pro-Demeny paper by two American law professors with strong conservative, originalist credentials: there isn’t all that much daylight between their arguments and Corak’s.

Are the arguments actually any good? Some of them seem circumstantial or even aesthetic. We’re in a transitory era of gerontocracy because of a baby boom that happened eighty years ago, and nobody under 70, whatever their ideology, likes this universal predicament much. But on the grounds of revealed preference, the lack of actual real-world Demeny experiments is a big problem.

If we want the proxy votes to go to custodial parents who are involved with a real child and conscious of its particular interests, you’re suddenly talking about integrating election systems with family law. I.e., an unfathomable technical nightmare. But assigning control of the extra child votes automatically to biological parents, including deadbeats and those who have surrendered children to adoptees or foster families, seems like a non-starter. (And would also be an unfathomable technical nightmare.)

You can say that the democratic principle is more important than the mere design details of a child-voting system, and this is the kind of thing election reformers say all the time — but would you book a seat on an airplane that was built on aerodynamic principles with no attention to detail?

June 18, 2024

US “birthright citizenship”

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

Theophilus Chilton argues against the legality of “birthright citizenship”:

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

One of the benefits of Donald Trump’s involvement in politics over the last ten years has been that it opened up a robust national discussion about an issue that up until recently had been largely ignored by the political class. This discussion is about so-called “birthright citizenship”, the idea that whenever a foreign national (regardless of legal status and with a very few exceptions) has a child on American soil, this child automatically becomes an American citizen from birth. This approach to citizenship has been the de facto (though not de jure) approach to the issue of “anchor babies”, the children of illegal aliens who come to the United States so that they can have their children here, thus allowing the parents to remain as well, usually helping themselves to generous American benefit monies.

Defenders of unrestricted birthright citizenship – primarily found among liberals, establishment GOP types, and the more uninformed types of libertarians – adamantly argue from the 14th amendment’s Citizenship Clause that birthright citizenship is not only legal, but is in fact constitutionally protected, and is what the 14th amendment has meant all along. They often try to buttress their arguments by appealing to English common law with its historical provisions for birthright citizenship. However, is this sort of “swim a river, fill our quiver” approach really what the 14th amendment meant? Is it really what English common law, which forms the basis for much of our own law and constitutional interpretation, historically upheld? The answer to these questions is, “No”. Let’s look at some of the history behind this issue.

The crux about which the discussion revolves is the Citizenship Clause found in the 14th amendment, Section 1,

    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

More specifically, what is at issue is the phrase, “and subject to the jurisdiction thereof”. Clearly, the clause was not intended to convey American citizenship to an unlimited pool of children born to aliens on American soil. If this had been the case, then the phrase under discussion would not have been included. Obviously, some limits were intended, those circumscribed by the intent of being “subject to the jurisdiction thereof”.

So what were these limits? Typically, it will be pointed out that the limits due to this jurisdictional issue were that citizenship was not being conveyed to children born of ambassadors and others aliens employed by their foreign governments, nor was it being conveyed to members of various Indian tribes which exercised sovereign powers within their own territories (this latter was rescinded by an act of 1924 which granted Indian tribes full American citizenship). Were these the only restrictions on birthright citizenship intended by the author and debaters of the 14th amendment?

No, actually. Let’s understand what the original intention of the 14th amendment was, which was to grant American citizenship to former black slaves and their children, and to prevent these newly freed citizens from being denied citizenship rights by certain of the southern states. That’s it. This was made clear by Sen. Jacob Howard, who authored the amendment in 1866, who clearly provided the intent for this section of the amendment,

    Every person born within the limits of the United States, and subject to their jurisdiction, is, by virtue of natural law and national law, a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great issue in the jurisprudence and legislation of this country.

Clearly, other classes of foreign citizens were intended besides the children of ambassadors and other diplomatic personnel. Indeed, Howard’s statement appears to be quite all-encompassing – if taken at face value, it would appear that he did not even intend the 14th amendment to grant citizenship to the children of foreign nationals here legally, much less to those here illegally.

May 3, 2024

So, what Richard Hanania is really saying is “US civil rights law is bad”

Filed under: Books, Government, Law, Media, Politics, USA — Tags: , , , , , — Nicholas @ 03:00

Scott Alexander reviews Richard Hanania’s recent book The Origins of Woke: Civil Rights Law, Corporate America, and the Triumph of Identity Politics:

The Origins Of Woke, by Richard Hanania, has an ambitious thesis. And it argues for an ambitious thesis. But the thesis it has isn’t the one it argues for.

The claimed thesis is “the cultural package of wokeness is downstream of civil rights law”. It goes pretty hard on this. For example, there’s the title, The Origins Of Woke. Or the Amazon blurb: “The roots of the culture lie not in the culture itself, but laws and regulations enacted decades ago”. Or the banner ad:

he other thesis, the one it actually argues for, is “US civil rights law is bad”. On its own, this is a fine thesis. A book called Civil Rights Law Is Bad would – okay, I admit that despite being a professional Internet writer I have no idea how the culture works anymore, or whether being outrageous is good or bad for sales these days. We’ll never know, because Richard chose to wrap his argument in a few pages on how maybe this is the origin of woke or something. Still, the book is on why civil rights law is bad.

Modern civil rights law is bad (he begins) for reasons baked into its history. The original Civil Rights Act of 1964 was supposed to be an ad hoc response to the outrageous level of anti-black racism going on in the South, which protests and TV news had finally brought to the attention of the white majority. There was broad support for a bill which was basically “don’t be the KKK”.

Sex discrimination got tacked on half as a joke, half as a poison pill by its enemies to make the bill unpalatable (fact check: true – but there’s a deeper story, see this Slate article for more details). Ideas about “affirmative action” and “disparate impact” weren’t tacked on at all; the bill’s proponents denied that it could be used to justify anything of the sort, and even agreed to include language in the bill saying it was against that. Still, after the bill was passed, a series of executive orders, judicial decisions, and bureaucratic power grabs put all those things in place.

The key point here is that “quotas”, or any kind of “positive discrimination” where minorities got favored over more-qualified whites, were anathema to lawmakers and the American people. But civil rights activists, the courts, and the bureaucracy really wanted those things. So civil rights law became a giant kludge that effectively created quotas and positive discrimination while maintaining plausible deniability. This ended up as the worst of both worlds. Hanania specifically complains about1:

Affirmative Action

Hanania’s take on affirmative action involves the government sending companies a message like this:

  1. We notice your workforce has fewer minorities than the applicant pool.
  2. If this remains true, we’ll sue you for millions of dollars and destroy your company. So by the next time we check, your workforce had better have exactly many minorities as the applicant pool.
  3. But you’re not allowed to explicitly favor minority applicants over whites. You certainly can’t do anything flagrant, like set a quota of minority employees equal to their level in the applicant pool.
  4. Have fun!

(here “the applicant pool” is an abstraction, often but not always the same as the general population, which is poorly defined and which bureaucracies can interpret however they want. It’s definitely not the same thing as the actual set of qualified applicants to the business!)

This satisfied the not-really-paying attention white electorate, because politicians could tell them that “quotas are illegal, we’re sure not doing anything like that”. And it satisfied civil rights activists, because inevitably businesses/departments came up with secret ways to favor minorities until representation reached the level where they wouldn’t get sued.

A recent case illustrates the results of this double-bind. The FAA hires air traffic controllers. They used to judge applicants based on a test which measured their skills at air traffic control. This resulted in comparatively few black air traffic controllers. Various civil rights groups put pressure on them, and they replaced the test with a “biographical questionnaire”. The questionnaire asked weird unrelated questions about your life, and you got points if you gave the answer that the FAA thought black people might give (for example, if you said your worst subject was science). This still didn’t get them enough black employees, so they secretly told black communities exactly what answers to put on the questionnaire to go through.

It’s easy to blame the FAA here, but (Hanania says) civil rights law almost forces you to do something like this. People tried simpler things, like keeping a test but giving minority applicants extra points. The courts and civil rights bureaucracy struck these down as illegal. The almost-explicit policy was that you had to get more minority employees, but you had to hide it carefully enough that the American people (who were still against racial preferences) wouldn’t catch on.

    1. I’ve included three of Hanania’s four civil rights law subtopics. The book covers a fourth, Title IX (mostly focusing on women’s sports in college). Although the book provides lots of examples about how the laws here are unfair and outrageous, I can’t bring myself to care about college sports enough to give it the same subtopic status, as, say, the hiring process for all the corporations in America.

May 1, 2024

The Supreme Court of Canada has created “Charter-free zones” in Canada

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

A recent Supreme Court of Canada decision to allow the Charter of Rights and Freedoms to be overridden in cases where First Nations’ laws conflict with the rights guaranteed to all Canadians by the Charter:

Governments of the over 600 First Nations bands and self-governing Indigenous communities across Canada have been given the green light by the Supreme Court to, in their laws, legally abrogate and override the civil liberties of their band members and citizens.

In its Dickson v. Vuntut Gwitchin First Nation decision the Court ruled that so long as an Indigenous government law “protects Indigenous difference — understood by the collective as interests connected to Aboriginal cultural difference, Aboriginal prior occupancy, Aboriginal prior sovereignty or Aboriginal participation in the treaty process” — then, despite the fact that the law infringes the Charter rights of its citizens, those Charter rights cannot have any application or be given any effect to.

Four of the seven Judges who ruled on the case ruled that the Canadian Charter of Rights and Freedoms prima facie applies to Indigenous government laws, but notwithstanding that, if the law is to “protect Indigenous difference”, and the exercise of a Charter right would have the effect of diminishing that “Indigenous difference”, then section 25 of the Constitution Act “shields” the law from Charter application.

A fifth Judge ruled that section 25 meant that the Charter didn’t apply at all to Indigenous government laws, not even prima facie.

Two of the seven judges dissented, one of whom very significantly was Madame Justice O’Bonsawin, the Indigenous person appointed to the Supreme Court supposedly to import an “Indigenous perspective” into its judgments. These two dissenting Justices wrote correctly that the majority opinion creates “Charter-free zones” in Canada. They further wrote:

    Minorities with Indigenous communities (will) not be protected from the actions of their own governments. All Canadians, including Indigenous people, need constitutional tools to hold their governments accountable for breaches of their entrenched rights and freedoms. It is against the purposes of the Charter and s. 25, as well as being profoundly inequitable, to deny members of self-governing Indigenous nations similar, rights, remedies and recourse.

There are more than 1.8 million Indigenous Canadians, two-thirds of whom live “off-reserve” in Canada’s towns and cities. The Supreme Court of Canada has deprived all these Canadians of the protections afforded by the Charter of Rights and Freedoms on their home reserves and territories.

The Court employed cloud castle reasoning to bring about this illiberal and un-Canadian result, heavy on empty verbal assertions and abstractions with little relation to practical life.

Cloud castles are pleasant and charming to conjure up, even more so because they have no foundations.

The factual foundations of the Court’s decision, such as they, like those of cloud castles, are mainly imaginary. To the extent that may exist in reality, they are wrong.

In an earlier article the writer wrote on this case Cindy Dickson discussed the discriminatory, black sheep treatment she faced when trying to run for office in Vuntut Gwitchin.

The article pointed out other negative, First Nations realities ignored by the majority of the Supreme Court of Canada in its judgement: the “banana republic” nature of small Indigenous governments, and alpha-type band chiefs and councils — “colonizers of their own people” — overseeing a conflicted, family-based system of self-dealing and crony capitalism.

Indigenous Justice O’Bonsawin, as part of her “Indigenous perspective”, expressly acknowledged these entrenched negatives and listed other illiberal aspects of the “Indigenous difference” that the Charter exists to prevent or remedy: the unequal role given men in debating constitutional reforms, band membership rules that excluded some women and their children, election codes that prevent individuals from running for office on the basis of their gender, marital status or sexual orientation, and warrantless searches of homes.

April 26, 2024

Economic inefficiencies in the water market? Don’t worry, here’s the government to make it much worse

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

Tim Worstall discusses the economics of water markets in the US … that Senator Elizabeth Warren and Representative Ro Khanna seem determined to make far less efficient if their plans come to fruition:

Senator Elizabeth Warren speaking at the Iowa Democrats Hall of Fame Celebration in Cedar Rapids, Iowa, on 9 June, 2019.
Photo by Lorie Shaull via Wikimedia Commons.

Aficionados for truly stupid political interventions into matters economic will already be aware of the idiocies perpetrated by Senator Elizabeth Warren and Representative Ro Khanna. The two seem to end up as if someone rolled together the ideas of Professor Richard J Murphy and The Guardian opinion page then removed all the insight, subtlety and sensibility. True, not an arduous task removing those three but …

The basic water problem out in the Western US is that the wrong people currently own the water rights. We would therefore like to see more trade in those rights. Warren and Khanna are insisting upon further limitations upon the trade in those rights. This is rampant idiocy.

To set the scene, as folk moved out there they realised that water was not one of those things in great surplus in the area. So, those who got there first made sure that the property rights to the water were assigned to them. Nothing odd about this and rights to a scarce resource do need to be allocated. Otherwise we just end up with the commons problem and the resource is exhausted.

OK. And, y’know, quite a lot of things have changed in the century, century and a half since that Wild West was properly populated. But the descendants of those original farmers still own near all the water rights. Hmm, bit of a problem.

That’s OK, we’ve Coase to advise us here:

    Ronald Coase (1960), “The Problem of Social Cost”

    In the absence of transaction costs, if property rights are well-defined and tradable, voluntary negotiations will lead to efficiency.

    It doesn’t matter how rights are allocated initially …

    … because if they’re allocated inefficiently at first, they can always be sold/traded …

    so the allocation will end up efficient anyway

Now, the distribution — who gets the cash from all of that — is dependent upon that first distribution. But that’s a minor problem compared to the efficient use of water.

So, we want lots of buying and selling. The idiots using $300 of irrigation water to grow $100 worth of alfalfa (pretty much my first English-world piece was on exactly this subject, near 30 years back) can instead sell that same acre-foot to a city, where the two households will happily each pay $500 a year for the half an acre-foot they require.

The asset — the water — has moved from a lower valued (actually, value destructive) use to a higher, the world is richer in aggregate. It doesn’t matter that the farmers get the money because Grandpappy shot all the Injuns. Even without the who gets the money we’re all richer — we’re getting $1k not $100 from the same acre-foot of water.

Coolio!

Enter Warren and Khanna:

    With private investors poised to profit from water scarcity in the west, US senator Elizabeth Warren and representative Ro Khanna are pursuing a bill to prohibit the trading of water as a commodity.

Idiots. Damn fools. Politicians, but I repeat myself triply.

Now, do note they’re not trying to insist that water cannot be bought and sold — not because they don’t want to, they do, but because as Federal politicians they’ve no power whatever over within state markets. However, as Federal politicians they can claim power over commodity markets — the speculators will come from around the country, over state lines and interstate commerce is Federal.

So, as with onion futures, they want to ban water futures.

March 2, 2024

Get your new election narratives! Hot off the press!

Filed under: Books, Media, Politics, USA — Tags: , , , , , — Nicholas @ 05:00

Chris Bray isn’t impressed with two new political books hitting the bookstores at the moment:

It’s an election year, so get ready. Two astonishingly dullwitted books arrived in bookstores this week, on the same day, as their dreadful authors hit the airwaves to promote them. One was White Rage: The Threat to American Democracy, about the breathtaking stupidity and backwardness of rural whites, who are destroying America. Taking care to be subtle, the publisher gave the book a cover that features a pick-up truck with an American flag and a Trump sign, leaving out only the weird kid with the banjo and the dude who shouts, “Squeal, boy! Squeal like a pig!”

And then there’s the wonderfully nuanced title Attack from Within: How Disinformation is Sabotaging America, by Obama-era US Attorney Barbara McQuade, who is now a law school professor after being asked to resign by Orange Hitler — though apparently a law school professor who is unfamiliar with the text of the 6th Amendment, thinking it exists to confer a right upon the public to have people put on trial right away.

[…]

The cover of McQuade’s book is somehow more obnoxious than the cover of White Rage:

See, it’s a giant clenched fist rising out of Middle America. Get it? Get it? It may take a moment.

These books: If, one day, by some bizarre chain of weird accidents, these are the only remnants of our civilization, no one will have the slightest idea what actually happened while we were alive. They’re miscategorized fiction. Every paragraph is full of obtuse faked reality; if you hold it up to the real world, it doesn’t even sort of match. Go click on the Amazon preview for McQuade’s book, if you’d like to see this for yourself […]

Onward: “Much of the American right glamorizes assault weapons, based on the absurd claim that the Second Amendment protects not only the right to bear arms but also the right to overthrow our government.”

My goodness, where would anyone get the claim that a founding-era American document meant to describe citizens as having a right to overthrow their government?

The Declaration of Independence, the literal founding statement of the nation that gave McQuade a government job:

    We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — 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 … But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Thomas Jefferson thought Americans had a right to “throw off” their government; Barbara McQuade finds it an “absurd claim”. Which one do you think understood the topic?

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