Vlogging Through History
Published Apr 22, 2024See the original here – Caesar Crosses the Rubicon (52 to 49 …
#history #reaction
August 4, 2024
Caesar Crosses the Rubicon – Historia Civilis Reaction
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July 12, 2024
QotD: Membership in the Senate during the Roman Republic
This week, we’re looking at the Roman Senate, an institution so important that it is included alongside the people of Rome in the SPQR formulation that the Romans used to represent the republic, and yet also paradoxically it is an institution that lacks any kind of formal legal powers.
Despite that lack of formal powers, the Senate of the Roman Republic largely directed the overall actions of the republic, coordinating its strategic policy (both military and diplomatic), setting priorities for legislation, handling Rome’s finances and assigning and directing the actions of the various magistrates. The Senate – not the Pontifex Maximus1 – was also the final authority for questions of religion. The paradox exists because the Senate’s power is almost entirely based in its auctoritas and the strong set of political norms and cultural assumptions which push Romans to defer to that auctoritas [the Mos maiorum].
[…]
We should start with who is in the Senate. Now what you will generally hear in survey courses is this neat summary: the Senate had 300 members (600 after Sulla) and included all Romans who had obtained the office of the quaestorship or higher and its members were selected by the censors. And for a basic summary, that actually serves pretty well, but thinking about it for a few minutes one quickly realizes that there must be quite a bit of uncertainty and complexity underneath those neat easy rules. And indeed, there is!
First we can start with eligibility by holding office. We know that in the Sullan constitution, holding the quaestorship entitled one into entrance into the Senate. Lintott notes that the lex repetundarum of 123/4 lumped every office aedile-and-above together in a phrasing “anyone who has or shall have been in the Senate” when setting eligibility for the juries for the repetundae courts (the aim being to exclude the magistrate class from judging itself on corruption charges), and so assumes that prior to Sulla, it was aediles and up (but not quaestors) who were entitled to be in the Senate.2 The problem immediately occurs: these higher offices don’t provide enough members to reach the frequently attested 300-Senator size of the Senate with any reasonable set of life expectancies.
By contrast, if we assume that the quaestors were enrolled in the Senate, as we know them to have been post-Sulla (Cicero is a senator for sure in 73, having been quaestor in 75), we have eight quaestors a year elected around age 30 each with roughly 30 years of life expectancy3 we get a much more reasonable 240, to which we might add some holders of senior priesthoods who didn’t go into politics and the ten sitting tribunes and perhaps a few reputable scions of important families selected by the censors to reach 300 without too much difficulty. The alternative is to assume the core membership of the Senate was aediles and up, which would provide only around 150 members, in which case the censors would have to supplement that number with important, reputable Romans.
To which we may then ask: who might they choose? The obvious candidates would be … current and former quaestors and plebeian tribunes. And so we end up with a six-of-one, half-dozen of the other situation, where it is possible that quaestors were not automatically enrolled before Sulla, but were customarily chosen by the censors to “fill out” the Senate. Notably, when Sulla wants to expand the Senate, he radically expands (to twenty) the number of quaestors, which in turn provides roughly enough Senators for his reported 600-person Senate.
That leads us to the role of the censors: if holding a sufficiently high office (be it the quaestorship or aedileship) entitles one to membership for life in the Senate, what on earth is the role of the censors in selecting the Senate’s membership? Here the answer is in the sources for us: we repeatedly see the formula that the meetings of the Senate were attended by two groups: the Senators themselves and “those who are permitted to state their opinion in the Senate”. Presumably the distinction here is between men designated as senators by the censors and men not yet so designated who nevertheless, by virtue of office-holding, have a right to speak in the Senate. It’s also plausible that men who were still iuniores might not yet be Senators (whose very name, after all, implies old age; Senator has at its root senex, “old man”) or perhaps men still under the potestas of a living father (who thus could hardly be one of the patres conscripti, a standard term for Senators) might be included in the latter group.
In any case, the censors seem to have three roles here. First, they confirm the membership in the Senate of individuals entitled to it by having held high office. Second, they can fill out an incomplete Senate with additional Roman aristocrats so that it reaches the appropriate size. Finally, they can remove a Senator for moral turpitude, though this is rare and it is clear that the conduct generally needed to be egregious.
In this way, we get a Senate that is as our sources describe: roughly 300 members at any given time (brought to the right number every five years by the censors), consisting mostly of former office holders (with some add-ons) who have held offices at or above the quaestorship and whose membership has been approved by the censors, though office holders might enter the Senate – provisionally, as it were – immediately pending censorial confirmation at a later date. If it seems like I am giving short shrift to the “filling the rank” add-ons the censors might provide, it is because – as we’ll see in a moment – Senate procedure combined with Roman cultural norms was likely to render them quite unimportant. The role of senior ex-magistrates in the Senate was to speak, the role of junior ex-magistrates (and certainly of any senator who had not held high office!) was to listen and indicate concurrence with a previously expressed opinion, as we’re going to see when we get to procedure.
Bret Devereaux, “Collections: How to Roman Republic 101, Part IV: The Senate”, A Collection of Unmitigated Pedantry, 2023-09-22.
1. I stress this point because this is a common mistake: assuming that the Pontifex Maximus as Rome’s highest priest was in some way the “boss” of all of Rome’s other priests. He was not; he was the presiding officer of the college of Pontiffs and the manager of the calendar (this was a very significant role), but the Pontifex Maximus was not the head of some priestly hierarchy and his power over the other pontifices was limited. Moreover his power over other religious officials (the augures, haruspices, the quindecimviri sacris faciundis and so on) was very limited. Instead, these figures report to the Senate, though the Senate will generally defer to the judgment of the pontifices.
2. With sitting tribunes able to attend meetings of the Senate, but not being granted lifelong membership.
3. A touch higher than the 24 years a L3 Model West life table (what we generally use to simulate Roman populations) leads us to expect, but then these are elites who are likely to be well nourished and not in hazardous occupations, so they might live a bit longer.
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June 17, 2024
For want of a security clearance, the (potential) traitors escaped scot-free
In the free-to-cheapskates section of this week’s Dispatch from The Line, we get a summary of the state of brain-freeze in Parliament over the NSICOP (National Security and Intelligence Committee of Parliamentarians) report, that in a functioning state would have triggered much more action than it has in the dysfunctional Dominion:
The cover of the NSICOP special report on foreign interference (PDF – https://nsicop-cpsnr.ca/reports/rp-2024-06-03/special-report-foreign-interference.pdf )
The lead story this week, clearly, was the continuing fallout from the NSICOP report last week. Because of this report, even though there is much that we do not know, there are absolutely some things that are clearly established. Let’s run through some of the key points that are uncontested and draw some very modest and safe conclusions from them.
Here are facts.
- There are multiple parliamentarians, meaning members of the House of Commons and the Senate, who have been deemed by eight of their colleagues to be engaged in activities with hostile foreign powers on either a witting or semi-witting basis.
- The prime minister and the PMO have been aware of who these individuals are for at least a month, if not longer. That is when NSICOP filed its unredacted report to them for review, as required.
The above facts are unchallenged. Now let’s draw a few conclusions.
The phrasing of the NSICOP report, as well as both Elizabeth May’s and Jagmeet Singh’s press conferences this week, led us to believe some of these individuals are still sitting in both the House of Commons and the Senate. We acknowledge that Elizabeth May and Jagmeet Singh differ considerably on the severity of what these individuals are alleged to have done, but both seem to agree that the relevant parties, in at least some cases, remain in Parliament.
The prime minister, as the person responsible for the administrative and legal apparatus of government, could call the Clerk of the Privy Council, the Director of CSIS, the minister of public safety and others as necessary into his office today, and inform them that he would be making the names public, and that it would be the responsibility of those individuals to figure out how that could be accomplished while protecting intelligence sources and methods. At this time, there is no indication that he has done so, or has any interest in doing so.
So we got the grotesque theatre that was the House of Commons this week. The government has spent the last week and change challenging various opposition leaders to obtain security clearances so that they could view information that the prime minister has had for at least a month, and perhaps longer, even though both the Security of Information Act and the National Security and Intelligence Committee of Parliamentarians Act (depending on the auspices under which their security clearances were issued) prevents them from disclosing what they read.
And, therefore, doing anything about it. Because to remove a caucus member would be to reveal it, and if a leader has no caucus members that are implicated, there is no urgency to their reading the report.
Protecting the national security of Canada, and the democratic institution of parliament itself, is the prime minister’s job before it is anyone else’s. And the prime minister has had this information for at least a month.
It’s worth repeating that because we want you to envision something. Imagine there are three U.S. Senators accused of aiding and abetting a foreign power, and Joe Biden knew about it for a month.
When do you think impeachment proceedings would start?
Boris Johnson was unceremoniously dumped by his party for lying about throwing a party during COVID lockdowns (and we have no problem with that). Our prime minister has known that there are people currently sitting in parliament that have turned themselves into intelligence assets for hostile foreign powers for a month, and …
… the government would like you to know that it thinks Pierre Poilievre should get a security clearance so that he can read the documents.
We think Poilievre should, too. Because here’s the thing. The Security of Information Act says right there in Section 24 “No prosecution shall be commenced for an offence against this Act without the consent of the Attorney General”.
That reads to us like so: Pierre Poilievre can read those documents, release the names, and then dare Justin Trudeau to prosecute him. Indeed, anyone with the names could.
Your Line editors have raised this before on the podcast, but it bears repeating. Canada’s international reputation has taken a lot of hits lately. So imagine if you would, gentle reader, a situation where Justin Trudeau’s Attorney General signs off on having his political opponent arrested for revealing that hostile foreign powers have coerced sitting MPs into becoming intelligence assets … especially if one or more of those MPs is revealed to be a Liberal.
That’s a front page international news story. We’d look like a banana republic. Our international reputation would take decades to recover.
Spoiler: we already do look like a banana republic and our international reputation is lower than it has ever been. Trudeau isn’t a dummy: he figures that our reputation literally can’t get much worse no matter what he does, so he’s choosing to protect … someone … and what’s Poilievre going to do? He proved during the lockdowns that he’s not willing to get arrested on a matter of principle (unlike Maxime Bernier), so he’s likely to just posture endlessly until something new pops up in the silly season news rotation.
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June 13, 2024
Fun new family game – Who’s the Parliamentary Traitor?
In the National Post, Tristin Hopper presents the rulebook for an exciting new family game literally “ripped from the headlines” – Who’s the Parliamentary Traitor?
“To simulate what it’s like to go to work in a national parliament secretly housing foreign agents, the National Post presents a tongue-in-cheek instruction manual to play this group game: Who’s the Parliamentary Traitor?
Photo by Brice Hall”
WHAT YOU NEED TO PLAY:
- One large writing surface, such as a chalkboard, whiteboard or flip chart (THE ORDER PAPER)
- 20-70 note cards
- A timer
SETTING UP PLAY:
Gather at least five of your closest friends and have them sit in a line facing the ORDER PAPER. They will be divided into two categories: The WITTING AGENTS and the CREDULOUS NAIFS.To choose who among them will be the WITTING AGENTS, prepare a stack of IDENTITY CARDS equal to the number of players. On every fifth card, mark the symbol for the Chinese yuan (¥). In the case of five players, mark a single card, for 10 players, mark two, etc.
Shuffle the IDENTITY CARDS and distribute them among the players. Anyone receiving a “¥” is now a WITTING AGENT.
Set aside another stack of note cards to serve as MANDATE LETTERS. The text for each card is below. Shuffle the MANDATE LETTERS and place them face down.
RULES OF THE GAME:
Each round begins with a CANADA IS NOT BROKEN phase in which all players close their eyes, put their thumbs in their ears and bury their face for two minutes (the elapsed time to be marked with a timer). During this phase, the WITTING AGENTS open their eyes, stride over to the ORDER PAPER and write down a piece of binding public policy that damages Canada to the advantage of a hostile government (suggestions below).Once this act of treachery is done, the WITTING AGENTS return to their seats will pretend to wake up alongside them as if nothing happened.
Now begins the CONCERNED FOLLOW-UP phase. First, players must pull a MANDATE LETTER card that will determine conditions of discussion. Now, the parliamentarians must decide who among them is the foreign cat’s paw who has defaced their ORDER PAPER with disloyal policy. Uncomfortable questions are asked, accusations are made, and at the end of the round the players vote on who among them will be ejected as a traitor.
Only after the accused traitor is exiled will they show their IDENTITY CARD, revealing whether the accusations have been true, or whether they have been unjustly maligned.
Ejected players are then exiled to THE SENATE, a separated area of chairs where they are served port, ginger ale and black liquorice. They continue to participate in the CANADA IS NOT BROKEN and the CONCERNED FOLLOW-UP phases, but they no longer have a vote.
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May 16, 2024
The Canadian Senate is an anti-democratic fossil … that might totally frustrate a future Conservative government
Tristin Hopper considers the constitutional weirdness of Canada’s upper house, an appointed body that has the power to block a popularly elected House of Commons:
“In the east wing of the Centre Block is the Senate chamber, in which are the thrones for the [King and Queen], or for the federal viceroy and his or her consort, and from which either the sovereign or the governor general gives the Speech from the Throne and grants Royal Assent to bills passed by parliament. The senators themselves sit in the chamber, arranged so that those belonging to the governing party are to the right of the Speaker of the Senate and the opposition to the speaker’s left. The overall colour in the Senate chamber is red, seen in the upholstery, carpeting, and draperies, and reflecting the colour scheme of the House of Lords in the United Kingdom; red was a more royal colour, associated with the Crown and hereditary peers. Capping the room is a gilt ceiling with deep octagonal coffers, each filled with heraldic symbols, including maple leafs, fleur-de-lis, lions rampant, clàrsach, Welsh Dragons, and lions passant. On the east and west walls of the chamber are eight murals depicting scenes from the First World War; painted in between 1916 and 1920”
Photo and description by Saffron Blaze via Wikimedia Commons.
By the anticipated date of the 2025 federal election, only 10 to 15 members of the 105-seat Senate will be either Conservative or Conservative appointees. The rest will be Liberal appointees. As of this writing, 70 senators have been personally appointed by Trudeau, and he’ll likely have the opportunity to appoint another 12 before his term ends.
What this means is that no matter how strong the mandate of any future Conservative government, the Tory caucus will face a Liberal supermajority in the Senate with the power to gut or block any legislation sent their way.
“If a majority of the Senate chose to block or severely delay a Conservative government’s legislative agenda, it would plunge the country into a constitutional crisis the likes of which we have not seen in more than a century,” reads an analysis published Tuesday in The Hub.
Constitutional scholars Howard Anglin and Ray Pennings envisioned a potential nightmare scenario in which the Senate casts themselves as “resisting” a Conservative government. Given that senators are all permanently appointed until their mandatory retirement at age 75, it would take at least 10 years until a Conservative government could rack up enough Senate appointments to overcome the Liberal-appointed majority.
“Canadian politics would grind to the kind of impasse that is only broken by the kind of extraordinary force whose political and social repercussions are unpredictable,” they wrote.
The piece even makes a passing reference to 1849, when mobs burned down Canada’s pre-Confederation parliament.
The prospect of an all-powerful Senate able to block the mandate of an elected government is a legislative situation almost entirely unique to Canada.
New Zealand abolished its Senate and is now governed by a unicameral legislature. Australia and the United States both employ term-limited elected senates. The U.K. House of Lords – on which the Canadian Senate is closely modelled – is severely constrained in how far it can check the actions of the House of Commons.
But in Canada, the Senate essentially retains the power of a second House of Commons; it can do whatever it wants to legislation that has passed the House of Commons, including spike it entirely.
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April 27, 2024
QotD: Roman magistrates during the middle Republican period
Similar to the magistrates in the Greek polis, Roman magistrates should not be thought of as bureaucrats within a unitary governing institution. Rather each magistrate is an independent actor, granted certain powers to oversee the public interest in a specific field. This is perhaps even more true of Roman magistrates, who rarely function as “boards” the way Greek magistrates often do (none of the senior magistrates in Rome function as a board, they are all individual actors). Instead of having an chief executive (like a president or prime minister) to coordinate the different actions of government, the Romans in the Middle Republic instead rely on the Senate, which will be our topic for next week, though the Senate’s guidance is going to show up a fair bit here as well.
Each of these offices has a range of functions and some interesting powers and prerogatives, so it is worth discussing each one in turn.
Bret Devereaux, “Collections: How to Roman Republic 101, Part IIIa: Starting Down the Path of Honors”, A Collection of Unmitigated Pedantry, 2023-08-11.
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April 26, 2024
Economic inefficiencies in the water market? Don’t worry, here’s the government to make it much worse
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.
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February 20, 2024
Rome: Part 3 – The Expansion of Roman Power
seangabb
Published Feb 18, 2024This course provides an exploration of Rome’s formative years, its rise to power in the Mediterranean, and the exceptional challenges it faced during the wars with Carthage.
Lecture 3: The Expansion of Roman Power
• The Conquest of Central Italy
• The Gallic Sack of 390 BC
• The Conquest of the Greek Cities
• Relations with Carthage
(more…)
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February 9, 2024
Rome: Part 2 – Consolidation of the Republic
seangabb
Published Feb 8, 2024This course provides an exploration of Rome’s formative years, its rise to power in the Mediterranean, and the exceptional challenges it faced during the wars with Carthage.
Lecture 2: Consolidation of the Republic
• The Roman Revolution against the Kings
• How Brutus put his own sons to death
• How Horatius kept the Bridge
• Scaevola and Lars Porsena
• The Roman Constitution: an Overview
(more…)
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His Year: Julius Caesar (59 BC)
Historia Civilis
Published Jul 5, 2016
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December 15, 2023
Bill S-210 “isn’t just a slippery slope, it is an avalanche”
You sometimes get the impression that the only person in Ottawa who actually pays attention to online privacy issues is Michael Geist:
“2017 Freedom of Expression Awards” by Elina Kansikas for Index on Censorship https://flic.kr/p/Uvmaie (CC BY-SA 2.0)
After years of battles over Bills C-11 and C-18, few Canadians will have the appetite for yet another troubling Internet bill. But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention. Bill S-210, or the Protecting Young Persons from Exposure to Pornography Act, was passed by the Senate in April after Senators were reluctant to reject a bill framed as protecting children from online harm. The same scenario appears to be playing out in the House of Commons, where yesterday a majority of the House voted for the bill at second reading, sending it to the Public Safety committee for review. The bill, which is the brainchild of Senator Julie Miville-Duchêne, is not a government bill. In fact, government ministers voted against it. Instead, the bill is backed by the Conservatives, Bloc and NDP with a smattering of votes from backbench Liberal MPs. Canadians can be forgiven for being confused that after months of championing Internet freedoms, raising fears of censorship, and expressing concern about CRTC overregulation of the Internet, Conservative MPs were quick to call out those who opposed the bill (the House sponsor is Conservative MP Karen Vecchio).
I appeared before the Senate committee that studied the bill in February 2022, where I argued that “by bringing together website blocking, face recognition technologies, and stunning overbreadth that would capture numerous mainstream services, the bill isn’t just a slippery slope, it is an avalanche”. As I did then, I should preface criticism of the bill by making it clear that underage access to inappropriate content is indeed a legitimate concern. I think the best way to deal with the issue includes education, digital skills, and parental oversight of Internet use including the use of personal filters or blocking tools if desired. Moreover, if there are Canadian-based sites that are violating the law in terms of the content they host, they should absolutely face investigation and potential charges.
However, Bill S-210 goes well beyond personal choices to limit underage access to sexually explicit material on Canadian sites. Instead, it envisions government-enforced global website liability for failure to block underage access, backed by website blocking and mandated age verification systems that are likely to include face recognition technologies. The government establishes this regulatory framework and is likely to task the CRTC with providing the necessary administration. While there are surely good intentions with the bill, the risks and potential harms it poses are significant.
The basic framework of Bill S-210 is that it creates an offence for any organization making available sexually explicit material to anyone under the age of 18 for commercial purposes. The penalty for doing so is $250,000 for the first offence and up to $500,000 for any subsequent offences. Organizations (broadly defined under the Criminal Code) can rely on three potential defences:
- The organization instituted a “prescribed age-verification method” to limit access. It would be up to the government to determine what methods qualify with due regard for reliability and privacy. There is a major global business of vendors that sell these technologies and who are vocal proponents of this kind of legislation.
- The organization can make the case that there is “legitimate purpose related to science, medicine, education or the arts”.
- The organization took steps required to limit access after having received a notification from the enforcement agency (likely the CRTC).
The enforcement of the bill is left to the designated regulatory agency, which can issue notifications of violations to websites and services. Those notices can include the steps the agency wants followed to bring the site into compliance. This literally means the government via its regulatory agency will dictate to sites how they must interact with users to ensure no underage access. If the site fails to act as instructed within 20 days, the regulator can apply for a court order mandating that Canadian ISPs block the site from their subscribers. The regulator would be required to identify which ISPs are subject to the blocking order.
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November 6, 2023
Justin Trudeau’s (latest) very bad week
Paul Wells wonders if Justin Trudeau would even want to stay on as Liberal Party leader for the next election after the more recent awful week he’s had:
That was fun of Justin Trudeau to act out the message that somebody who spends his days in the Senate is a nobody. Of course, the kind of year he’s having, his bit of theatre came two days after he appointed five new senators. Welcome to the upper chamber, suckers. If you’re really lucky, a flailing prime minister might use you for a punchline.
This felt like the week that Trudeau’s hold on his leadership became precarious. I’ve had people asking me all week whether Trudeau will run again. Of course I don’t know. I guess the only thing that’s new is that if he does stay until the next election, and lead the Liberals into it, I’ll wonder — more keenly than before — why he bothered.
The decision still feels like his alone. The headline-making assaults on his power this week fell well short of what it would take to remove him if he doesn’t want removing. I find Percy Downe a serious and likable man, but he is not gregarious, he doesn’t have networks of people ready to do his bidding, and the truth is that the Senate isn’t a base for getting anything done within the Liberal Party. Hasn’t been for a decade.
As a good Liberal who was working hard long before “hard work” became a Trudeauite slogan, Downe has never forgiven Trudeau for kicking senators out of the Liberal caucus. As a good Prince Edward Islander, he has never forgiven Trudeau for maintaining tolls on the Confederation Bridge between the Island and the mainland while removing tolls on the Champlain Bridge into Montreal. This was a straightforward transfer of wealth from PEI to Central Canada, and turned out to be foreshadowing for last week’s fuel-oil transfer in the other direction. So Downe has a grudge or two to motivate him, and no army to deliver his desired outcome. His preference for Trudeau’s political future is widely shared in the country but he lacks a mechanism for delivering it in real life.
At least Downe has been expressing a clear preference in coherent language. In this he contrasts nicely with Mark Carney. Carney was a successful central-bank governor in two countries, a feat without obvious precedent. But politics is a different line of work. Reading Carney’s interview with the Globe was like watching somebody shake a Ziploc bag full of fridge magnets. In fact I’m pretty sure that when he started talking, he wasn’t planning to deliver any message about party politics.
He’ll “lean in where I can”. He has a list of things he hasn’t ruled out: becoming the next Liberal leader; running for Parliament. Running for Parliament is also on his list of things he hasn’t ruled in. Not ruling things out is, notoriously, not how you actually get into Parliament. I haven’t ruled out becoming a backup dancer for Taylor Swift, and yet I’m not in the new concert film. I checked.
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October 4, 2023
“John Adams said that a republican constitutional structure didn’t guarantee republican virtue in government”
Chris Bray reflects on the 17th amendment to the US Constitution in light of the appointment of California’s new senator:
California Governor Gavin Newsom speaking at the 2019 California Democratic Party State Convention in San Francisco, California on 1 June, 2019.
Photo by Gage Skidmore via Wikimedia Commons.
… the Senate was supposed to be the national storehouse of wisdom, restraint, discipline, and worldly experience. You may already be seeing that we wandered away from this idea at some point.
The 17th Amendment, ratified in 1913, gave voters the power to directly elect senators, reducing the influence of state legislatures and opening the upper house to mass media popularity contests. The 16th Amendment — “Congress shall have power to lay and collect taxes on incomes” — was ratified the same year, a one-two punch of Progressive centralization of power.
The democratizing and centralizing character of the 17th Amendment gave us a parade of powerful idiots that culminated in John Fetterman, passing through Mazie Hirono and the professional Ted Baxter impersonator Sheldon Whitehouse, so it looks like a failure. But we’ve just run an experiment, thanks to Dianne Feinstein’s white-knuckled grip on her personal status, and the results are … interesting.
The California legislature, in its infinite wisdom, has given the governor the unilateral authority to appoint Feinstein’s replacement, so we’re not quite seeing the exact duplicate of the original constitutional design for the Senate. But we’re seeing something like it: a senator chosen by something other than the popular vote, elevated to the Senate after selection by a longtime state official who has deep personal familiarity with the pool of people who might do the job. You know, a statesman.
Newsom’s choice for Feinstein’s seat is almost miraculous in its awfulness, an appointment distinguished by cravenness and sleazy insiderism. Naming a new senator from a state with 39 million people in it, he has chosen the Maryland resident Laphonza Butler — who has never held any elected office anywhere.
Butler is a career activist and party hack, an SEIU official who went on to run the abortion PAC EMILYs List. She is, in other words, one of the people whose function in life has been to raise money for the Democratic Party. She’s an ATM, and she’s never been anything else. She’s being appointed to the United States Senate without having ever convinced any voters anywhere to elect her to anything, and she’s rising to the upper house of the national legislature with no experience of any kind in any relevant field. Advice and consent on foreign policy? Confirmation of judicial nominees? Well, she has experience raising money for candidates, so. It’s a straight payoff: generate cash for the party for twenty years, get a free high-status ride in the Senate.
Here’s how Newsom explains the choice:
She’s a black lesbian who gives us money, end of statement. California’s idiot politicians find the choice exciting.
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August 7, 2023
The Longest Year in Human History (46 B.C.E.)
Historia Civilis
Published 24 Apr 2019
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May 1, 2023
“And I, for one, welcome our new CRTC internet overlords”
In this week’s Dispatch from The Line, among other maple-flavoured items is the discussion of how the newly passed Bill C-11 will impact Canadians’ everyday online experience:
We at The Line have spent a lot more time trashing Bill C-18 than its cousin, C-11; the reason for that is fairly simple, if unflattering. Both bills are unwieldy little monsters, rife with competing agendas and we only have so much time and energy to spare. Of the two, though, C-18 affects us and our business more directly as it attempts to force Big Tech companies into secret negotiations to prop up dying legacy media outlets.
C-11, which passed this week, is the Liberals’ attempt to overhaul the Broadcasting Act to bring major streaming services like YouTube and Netflix under the heel of the CRTC. This is generally a pretty bad idea — and we’ll get into that in a second. But the passing of the first major overhaul of the act since the ’90s will, we expect, be heralded by the usual suspects of CanCon leeches who see in the legislation an opportunity to siphon evil Big Tech profit while forcing major platforms to force-feed Canadians into consuming more home-grown shite.
Anyway, part of the bill, it is hoped, will force online streamers to feature more Canadian content for Canadian users, particularly content that highlights the usual progressive checkboxes. And while this does make us roll our eyes a bit — just make good stuff and let people choose what they want for themselves! — we admit that this provision is the less objectionable aspect of C-11.
After this, matters get much more dicey. The attempts to force tech companies to pay for more CanCon will almost certainly backfire in the long run: companies like YouTube have already promised that they will comply with legislation by creating pass-through fees for their creators. In other words, if the government forces YouTube to pay a percentage of its profits into a CanCon fund, YouTube will generate that revenue the only way it can — by skimming more cash from its content creators and re-directing some to the creation of Canadian shows that are then commercialized by major broadcasting networks like Rogers. Seems fair!
Where the bill goes off the rails is over years-long battle over user-generated content protections. Upon hitting the upper chamber, the senate actually advocated for amendments that would ensure that Joe Blow YouTuber wasn’t going to fall under the auspices of CRTC regulation — changes that were rejected by the House. How the CRTC defines a content generator worthy of its regulation, or uses any of its new powers, is now up for consideration by the CRTC itself.
Obviously, we at The Line are concerned about how a regulator is going to employ poorly defined and vaguely stipulated legislative powers to control how Canadians are presented which content, and by whom. We are open to the hopeful possibility that the CRTC is so completely in over their heads that all of the concerns about the bill prove fruitless and overblown. But as a rule, we don’t like to rely on the incompetence of our betters to assure our protections and freedoms.
And that brings us to the major philosophical problems with C-11; the first is that legislation should generally not generate more confusion and uncertainty. As a rule, we think that our laws should be written in such a way that an ordinarily intelligent person with a standard education should be able to understand the laws that govern them. By this measure, the Broadcasting Act — like many others — fail a very basic test. C-11 is written so poorly that even experts seem to disagree about the scope of the bill and how our media landscape will be affected by it in the years to come.
[…]
There is, arguably, no reason for the CRTC, nor for the Broadcasting Act in its current form, to exist anymore. Digital space isn’t finite. Canadians can easily find news and entertainment that is relevant to them. We don’t need the government to ensure that Canadian content is produced and funded. Or, if some government intervention is deemed necessary, it need not amount to anything more complicated than a simple tax, with revenues diverted to one of this country’s myriad granting agencies to aid production. Instead, we have a government that seems hellbent on extending the power of a regulator at the very moment in history that this regulator is most redundant.
Given that we’re being led by an increasingly insular government that equates all criticism to disingenuous misinformation, and seems to want to stamp out the evils of wrong opinions on the Internet in the coming Online Harms bill, well, let’s just say we’re increasingly concerned and perturbed.
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