Gerry Canavan

the smartest kid on earth

Posts Tagged ‘originalism

Monday Morning Links! All of Them! ALL OF THEM

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* Of course you had me at Zelda propaganda posters.

* Special issue of Deletion: Punking Science Fiction.

* Editorial: We Should Create a Honors College to Propagandize on Behalf of the People Who Already Control Everything.

* Victory in Ireland.


* A surprisingly large number of Obama-era ICE and HHS horrors got rediscovered as if they were new to Trump this weekend. This is a case where Trump’s horror truly is as much continuity as break.

* Even despite that continuity, though, we seem to be moving to a new energy state: Taking Children from Their Parents Is A Form of State Terror.

* Fighting spectacle with snores, or why Trump could easily win a second term.

* Is America heading for a new kind of civil war?

* Fascism is back; blame the Internet.

* Genocide in Yemen.

* I was Jordan Peterson’s strongest supporter. Now I think he’s dangerous.

* After a white supremacist killed a protester in Charlottesville in 2017, Facebook pushed to re-educate its moderators about hate speech groups in the US, and spell out the distinction from nationalism and separatism, documents obtained by Motherboard show.

* Wisconsin Prisons Incarcerate Most Black Men In U.S. Milwaukee PD Misconduct Has Cost the City $22 Million Since 2015.

* When a Nashville man named Matthew Charles was released from prison early in 2016 after a sentence reduction, he’d spent almost half his life behind bars. But in a rare move, a federal court ruled his term was reduced in error and ordered him back behind bars to finish his sentence.

* Man, 79, sentenced to 90 days of house arrest in 5-year-old girl’s rape.

* She Went to Interview Morgan Freeman. Her Story Became Much Bigger.

* This has created a problem that has not been seen before: voluntary, intentional, migrating, mobile, functional, litter. The bikes and scooters are disruptive to the locations where they are abandoned and, because they are constantly moving, the issues of abandonment and refuse are constantly cycling (sorry) throughout an urban region. Yesterday’s bike or scooter blight might be around today, or it might move for a few days and then return. In short, the bikes and scooters share a civic pattern similar to that of homelessness. Thus, in an unexpected way, the dockless bikes and scooters are also competing with the homeless for pieces of urban space upon which to temporarily rest.

* Mike Meru, a 37-year-old orthodontist, made a big investment in his education. As of Thursday, he owed $1,060,945.42 in student loans.

* Executives of big U.S. companies suggest that the days of most people getting a pay raise are over, and that they also plan to reduce their work forces further. Also, rich people are going to be needing your blood so they can stay young forever, just FYI.

* Be more like Chipotle, Jerry Brown tells California universities.

* Report Says Rising CO2 Levels Are Ruining Rice. Allergy Explosion Linked to Climate Change.

* For Women of Color, the Child-Welfare System Functions Like the Criminal-Justice System.

Now that’s what I call ideological state apparatus™.

* A new front in the drug war.

* HUGE IF TRUE: Hollywood isn’t on the side of the resistance.

* Teen Vogue and woke capital.

* Antonin Scalia was wrong about the meaning of ‘bear arms.’ I think a better description here is “not even wrong”; originalism is a rhetorical style, not a claim of fact.

* Sexpat Journalists Are Ruining Asia Coverage.

* A People’s History of Superstar Limo, Disney’s “worst attraction ever.”

* Solo crashes and burns, even underperforming Justice League. I haven’t seen it yet, but it certainly sounds like it had it coming. Relatedly: The Ringer takes a deep dive into the now-decanonized Han Solo prequels from the EU.

* Wakanda fans might be interested in the very odd turn the comics have taken. Relatedly: ‘Black Panther’ meets history, and things get complicated.

* Janelle Monáe for President.

* Conducting a posthumous interview with science-fiction author Octavia E. Butler. Your People Will Find You: A Podcast with the Octavia E. Butler Legacy Network. And Ayana Jamieson’s authorized biography of Butler has a Patreon.

* This LARB review of Neal Stephenson and Nicole Galland’s The Rise and Fall of D.O.D.O. made me very interested in reading it.

* Built in 718 AD, Hōshi is the second oldest ryokan (hotel or inn) in the world and, with 46 consecutive generations of the same family running it, is hands down the longest running known family business in history.

* Wendy Brown at UC: What Kind of World Do You Want to Live In?

* Interesting Twitter thread on emergency and the suspension of the law.

* Half the budget, half the fun: A Star Trek World May Be Coming to Universal Studios.

* Power vs. responsibleness. Politics y’all. Existence is objectively good.

* This is an urgent reminder: Mindflayers are not sympathetic.

* As Kip Manley said, this is the flag of the Anthropocene.

* And I want to believe! US aircraft carrier was stalked for days by a UFO travelling at ‘ballistic missile speed’ which could hover above the sea for six days, leaked Pentagon report reveals.

Written by gerrycanavan

May 28, 2018 at 8:15 am

Posted in Look at what I found on the Internet

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In Which Antonin Scalia Sets Out to Completely Break My Spirit, and Succeeds

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Today’s hearing on the Voting Rights Act featured some of Scalia’s most breathtaking anti-textualist and ad-hoc reasoning ever. The argument is literally that the Supreme Court is tasked to strike down popular laws because otherwise they’ll be continually reauthorized in perpetuity because people want them. Like the Founders intended!

Just astounding.

More here and here. My sole consolation here is @studentactivism’s shocking discovery that Scalia’s entire term on the Supreme Court is null and void by the well-known Constitutional principle that it doesn’t count if it was unanimous. Article 1. Look it up.

Written by gerrycanavan

February 27, 2013 at 3:38 pm

Thursday!

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* Let’s Talk about Debt: The Real World Economy versus the Grad School Economy. The Catch 22 of Grad School Economics. Debt & Regret. The Golden Handcuffs of Employment (aka “Public Service”).

* Also making the rounds: The Real Reason I Dropped Out of a PhD Program. This story is very sad, and a large part of what makes it sad extends beyond academia specifically to the failure of the social safety net more generally.

Sarah Lawrence, With Guns: Teaching English at West Point.

* The decisive objection to the quest for original meaning, even when the quest is conducted in good faith, is that judicial historiography rarely dispels ambiguity. Judges are not competent historians. Even real historiography is frequently indeterminate, as real historians acknowledge. To put to a judge a question that he cannot answer is to evoke “motivated thinking,” the form of cognitive delusion that consists of credulously accepting the evidence that supports a preconception and of peremptorily rejecting the evidence that contradicts it. Posner v. Scalia.

* Taibbi v. Bain Capital.

Now your troubled firm – let’s say you make tricycles in Alabama – has been taken over by a bunch of slick Wall Street dudes who kicked in as little as five percent as a down payment. So in addition to whatever problems you had before, Tricycle Inc. now owes Goldman or Citigroup $350 million. With all that new debt service to pay, the company’s bottom line is suddenly untenable: You almost have to start firing people immediately just to get your costs down to a manageable level…

Also in Rolling Stone: The Federal Bailout That Saved Mitt Romney.

* What It’s Like for a Deaf Person to Hear Music for the First Time.

And we all know the rules:

Every president is in the best physical and mental condition they were ever in throughout the course of their presidency. Fatal maladies have been cured, but any lifelong conditions or chronic illnesses (e.g. FDR’s polio) remain.

The presidents are fighting in an ovular arena 287 feet long and 180 feet wide (the dimensions of the [1] Roman Colosseum). The floor is concrete. Assume that weather is not a factor.

Each president has been given one standard-issue [2] Gerber LHR Combat Knife , the knife [3] presented to each graduate of the United States Army Special Forces Qualification Course. Assume the presidents have no training outside any combat experiences they may have had in their own lives.

There is no penalty for avoiding combat for an extended period of time. Hiding and/or playing dead could be valid strategies, but there can be only one winner. The melee will go on as long as it needs to.

FDR has been outfitted with a [4] Bound Plus H-Frame Power Wheelchair, and can travel at a maximum speed of around 11.5 MPH. The wheelchair has been customized so that he is holding his knife with his dominant hand. This is to compensate for his almost certain and immediate defeat in the face of an overwhelming disadvantage.
Each president will be deposited in the arena regardless of their own will to fight, however, personal ethics, leadership ability, tactical expertise etc., should all be taken into account. Alliances are allowed.

Just as the Founders Intended

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‘If Someone Like Scalia Can … Decide That Wickard Isn’t a Binding Precedent, Then the Idea of Binding Precedent Is Essentially Empty’

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Nineteen of twenty-one Constitutional scholars think the mandate is Constitutional, but only eight are confident SCOTUS will uphold the law. Paul Campos gets his denunciation of Scalia in early:

Justice Scalia spent his career as a lawyer, law professor and judge in that legal world – a world in which Wickard was no more eligible for serious reconsideration than Brown v. Board of Education or Marbury v. Madison are today. It ought to be obvious that if someone like Scalia can, at this point in a half-century-long career, decide that Wickard isn’t a binding precedent, then the idea of binding precedent is essentially empty, which in turn highlights the inevitable emptiness of the idea of any useful distinction between law and politics.

But this is not obvious, least of all to Justice Scalia, who I have no real doubt actually believes the things he says and writes, no matter how many times his public acts contradict his avowed beliefs. Scalia believes in a version of the rule of law whose existence is refuted by nothing so well as his own career. And that ultimately is more disturbing than a career dedicated to the most self-consciously manipulative Machiavellianism.

Flim-Flam

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This is typical Scalia. He respects precedents when they fit his conservative ideology and disregards them when they don’t. He claims that history should guide judges. But nothing about the history of the commerce clause has changed. What’s changed is the political implications of the commerce clause. When its being invoked for law and order conservatives, he favors Wickard. When invoked by liberals to support healthcare reform, he thinks Wickard is bad law. Once again, we see that Scalia’s originalism is a charade.

Written by gerrycanavan

June 18, 2012 at 12:26 pm

Lies Michele Bachmann Told Me

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