tag:blogger.com,1999:blog-8776899.comments2024-03-06T03:15:58.539-05:00<b>THE NEW REFORM CLUB</b>Hunter Bakerhttp://www.blogger.com/profile/14961831404331998743noreply@blogger.comBlogger12909125tag:blogger.com,1999:blog-8776899.post-48251197869275031092024-03-06T03:15:58.539-05:002024-03-06T03:15:58.539-05:00Claeaned up version of the above hereClaeaned up version of the above <a href="https://mskochin.blogspot.com/2024/03/response-to-seth-tillman-on.html" rel="nofollow">here</a>Michael S. Kochinhttps://www.blogger.com/profile/15404906249582930111noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-82887627781183356252024-03-06T03:14:00.798-05:002024-03-06T03:14:00.798-05:00This comment has been removed by the author.Michael S. Kochinhttps://www.blogger.com/profile/15404906249582930111noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-25113238311335806282024-03-06T03:04:59.501-05:002024-03-06T03:04:59.501-05:00I am an Israeli political scientist, where PR has ...I am an Israeli political scientist, where PR has been used exclusively for legislative elections since the beginning of the state, with a slight departure for direct election of the Prime Minister. Some of what Prof. Tillman I agree with, some of this I disagree with, some of it I don't understand<br /><br />1) "Under proportional representation, the members of the governing coalition having executive power or forming the cabinet is not under the control of the voters. Rather, it depends on the bargaining positions and skills of the elected parties after the election." <br />It is true that in Israel the legislative elections do not completely determine the makeup of the postelection governing coalition. But nothing in the system stops voters from giving a majority to one party (in the 1950's Ben Gurion's party came close); factions pledging with whom they hope to enter in coalition in order to win votes; or factions uniting pre-election to form what they hope will be a majority list.<br />Also, in the pure Westminster system, I elect only one representative -- how much more influence, if any, does this give me over the eventual composition of government than as a PR voter?<br /><br />2) “Proportional representation has advantages if your nation has no external enemies or has farmed out its defense to third parties.“<br /><br />Israel has PR even though it has serious and desperate external enemies and is not in NATO or an alternative formal alliance structure. It is not obvious to me what price we have paid in foreign and security matters as a result.<br /><br />3) “On the other hand, where a nation faces actual external threats, proportional representation inhibits decisive action by the executive during war time and other emergencies. Proportional representation makes decisive action during war time and other emergencies difficult because different parties within the governing coalition or cabinet have different interests, will shift blame, and will look to their position in the next poll and in the next election.“<br /><br />We haven’t seen this very much in Israel, because in fact the parties in cabinet have the same overwhelming interest in the survival of the country. While we have a lot of blame-shifting it occurs, as in the UK and other Westminster countries, mostly among members of the major coalition party. What has prevented decisive action is the absence of consensus as to means of securing peace and security.<br /><br />4) “proportional representation undermines collective cabinet responsibility”<br /><br />True, but collective responsibility is only relevant insofar as people get booted and stay booted from cabinet for failure or incompetence. When faction leaders retain power for reasons other than their performance as ministers, they will have to be appeased with cabinet seats even when they aren’t much good as cabinet ministers, and I don’t think it matters much whether the faction is a intraparty fraction or a separate party list.<br /><br />5) If the greatest threat your nation fears is a portion of its own citizens, then proportional representation may be the best way to organize your elections. <br /><br />I am not clear on what Prof. Tillman means by this, but it is true that under PR, “extremists” have an incentive to create their own party, which can then readily be banned, as in Israel and Germany. In the US (which does not have PR), the candidates the establishment loathes can infiltrate major parties, but the institutional tools exist to ban individuals and disenfranchise their supporters -- however, their use has been infrequent and is not yet normalized. I expect that things will be different when the Democrats get simultaneous control of the Presidency and both houses of Congress.Michael S. Kochinhttps://www.blogger.com/profile/15404906249582930111noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-60274065479365228942024-03-05T09:47:58.541-05:002024-03-05T09:47:58.541-05:00Sure, but so what? Doesn't "law of the c...Sure, but so what? Doesn't "law of the case" just apply to any further proceedings in the same, subject litigation? For example, in granting a motion for partial summary judgment, a judge could rule that, as a matter of law, a certain person was the agent and employee of the defendant. If so, then that ruling would apply throughout the case, on other matters, such as whether the judge should permit the defendant to try to prove at trial that he (defendant) didn't actually know what the person was doing and therefore shouldn't be responsible for the person's actions. The judge's original ruling may have been incorrect, and it could be turned around on appeal; but for now, it's the law of the case. <br /><br />Here, the Colorado case is over (or will be shortly). So there's no way for the trial court's ruling on whether POTUS is an officer for section 3 purposes to be treated as the law of THAT case. Dogma and Pony Showhttps://www.blogger.com/profile/05252185910966728707noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-32342037839810071262024-01-12T10:25:12.578-05:002024-01-12T10:25:12.578-05:00The definition of "Officers of the United Sta...The definition of "Officers of the United States" is given in Article II, Section 2, Clause 2 and affirms the definition given here as well as in the Amnesty Act of 1872.Prospectorhttps://www.blogger.com/profile/12256480479028288513noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-77568138698974218672024-01-12T09:15:57.870-05:002024-01-12T09:15:57.870-05:00Thank you. Thank you. TPShttps://www.blogger.com/profile/07613663983162109098noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-36078282623635778012024-01-12T08:28:09.892-05:002024-01-12T08:28:09.892-05:00This assumes that words actually have meaning and ...This assumes that words actually have meaning and that judges honor such meanings in rendering decisions. Are these still good assumptions?Kurt Schulzkehttps://www.blogger.com/profile/10172263819952425300noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-91085308868405040632024-01-12T08:05:13.305-05:002024-01-12T08:05:13.305-05:00Ahh! Stephen Field. David Dudley and Cyrus West ...Ahh! Stephen Field. David Dudley and Cyrus West Field's brother. So he wrote that decision. Good man!Nathan Redshieldhttps://www.blogger.com/profile/13875374894832105416noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-9053903854596174942024-01-06T22:03:22.182-05:002024-01-06T22:03:22.182-05:00Call a spade a spade? Call a spade a spade? Iceeaterhttps://www.blogger.com/profile/06054061704229693753noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-64648240466810107962024-01-06T17:55:37.814-05:002024-01-06T17:55:37.814-05:00Rabel, you write anonymously.
SethRabel, you write anonymously. <br /><br />SethSeth Barrett Tillmanhttps://www.blogger.com/profile/15597182448693278803noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-23727454154027976892024-01-06T17:36:38.571-05:002024-01-06T17:36:38.571-05:00"Those issues are for Judge Carpenter and oth..."Those issues are for Judge Carpenter and others to consider."<br /><br />It may be that one of the reasons the legal culture is dying is because people in a position to possibly influence the situation won't call out dishonest political bias for what it is and instead strain to avoid offering direct criticism.Rabelhttps://www.blogger.com/profile/02612585516401001803noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-50357327929851292052023-12-22T17:15:36.544-05:002023-12-22T17:15:36.544-05:00I don't understand the "officer of the Un...I don't understand the "officer of the United States" argument. Why is anyone making it. The enforcement mechanism of the 14th amendment is in section 5: "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article."<br /><br />Congress passed legislation to enforce the article: 18 U.S. Code § 2383. It reads: "Whoever incites, sets on foot, assists, or engages in any rebellion...shall be fined...imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States."<br /><br />Until Trump is convicted under 18 U.S. Code § 2383, the 14th amendment doesn't apply and it doesn't matter if the president is an officer of the US. What am I missing?Aetiuzhttps://www.blogger.com/profile/10176963849720351516noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-51316471329030192002023-12-09T13:00:08.581-05:002023-12-09T13:00:08.581-05:00"Never cite a case that you haven't read....<i>"Never cite a case that you haven't read."</i><br /><br />100%. I'm a scientist (biology/medicine), and poor citations are a problem in my field, too. It's amazing how often I will go to a cited article to find that it does not remotely provide the information/support that was claimed by the citing author.Biffhttps://www.blogger.com/profile/18077565129056607925noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-77248745486615642272023-12-09T12:14:25.781-05:002023-12-09T12:14:25.781-05:00Some older cases put the dissenting opinion(s) fir...Some older cases put the dissenting opinion(s) first. Embarrassing to find both counsel, and the judge, argued the dissent instead of the majority opinion. Judge refused to address motion for rehearing.garyhttps://www.blogger.com/profile/15632200398922848329noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-32385846450327559002023-12-09T10:37:23.196-05:002023-12-09T10:37:23.196-05:00This tip is a subset of a more general one: Never ...This tip is a subset of a more general one: Never cite a case that you haven't read. In my area of practice (mostly ERISA), I am astounded by how many citations, including citations by judges in their opinions, lead to cases that don't support, or in fact contradict, the propositions for which they are put forward.Tom Vealhttps://www.blogger.com/profile/00122649351904014057noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-91845431516001219572023-11-23T00:33:16.802-05:002023-11-23T00:33:16.802-05:00Brilliant, Seth. Proud to be your blogbrother.
I...Brilliant, Seth. Proud to be your blogbrother.<br /><br /><br /><i>If Trump does not prevail on appeal, then those factual findings may very well supply a predicate (which met due process standards) for removing him from the ballot.</i><br /><br />Chilling. No trial, no crime. Yet still "due process."Tom Van Dykehttps://www.blogger.com/profile/07121072404143877596noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-40146226137813474082023-10-03T19:54:06.711-04:002023-10-03T19:54:06.711-04:00Sometimes, the text of the Constitution makes the ...Sometimes, the text of the Constitution makes the answer to a Constitutional question simple, rational and reasonable. C. Thomas Luddenhttps://www.blogger.com/profile/03941591916010081778noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-78485826931470269022023-08-12T00:02:18.222-04:002023-08-12T00:02:18.222-04:00One mustn't say anything that might trouble a ...One mustn't say anything that might trouble a black or gay colleague but why is there no discussion about making a Jewish faculty member a pariah on campus? That doesn't sound very collegial to me.autothreadshttps://www.blogger.com/profile/12922732992155191413noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-31104013762055173012023-08-11T11:27:39.147-04:002023-08-11T11:27:39.147-04:00Wolff reported that conversations or disagreements...<i>Wolff reported that conversations or disagreements with Wax end with “being made to feel you are a fundamentally debased human being.”</i><br /><br />So what?<br /><br />Are we going to fire from every University in America any and every professor who makes a cis het white male "feel he is a fundamentally debased human being"? How about doing that to Trump supporters?<br /><br />In a properly operating world, Tobias Wolff would be the one facing censure, for trying to bring his feelings into what should be an intellectual discussion.Greg the Class Traitorhttps://www.blogger.com/profile/12105426479027002986noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-65845545926060343482023-08-11T11:12:34.409-04:002023-08-11T11:12:34.409-04:00Jesse Jackson apparently believed that crossing th...Jesse Jackson apparently believed that crossing the street to avoid meeting a group of young Black men on the sidewalk (maybe in the evening, I forget) was a rational behavior that he used.ConquerorofAllFoesCheesehttps://www.blogger.com/profile/07056445793945650297noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-60532073377102954182023-08-11T09:07:24.294-04:002023-08-11T09:07:24.294-04:00Black comedian Chris Rock said it was rational for...Black comedian Chris Rock said it was rational for people to be afraid of black people at a bank ATM machine.<br /><br />Only he didn't call them black people he called them that word which I may not use.<br /><br />But Chris Rock is brilliant and said things like that before western civ went totally bonkers.iOpenerhttps://www.blogger.com/profile/00059950887197561123noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-70121622434578311002023-07-23T12:23:58.470-04:002023-07-23T12:23:58.470-04:00It's too easy to spin fanciful hypotheticals. ...It's too easy to spin fanciful hypotheticals. If the Supreme Court told you that the 14th Amendment obliged you to jump off the Brooklyn Bridge, would you be obliged to jump?<br /><br />Judicial review has always had a nonjudicial compliance addendum. Ampersandhttps://www.blogger.com/profile/14473706537762979474noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-30013566351043047302023-07-23T12:21:42.224-04:002023-07-23T12:21:42.224-04:00I'm not a lawyer. But I guess my question to T...I'm not a lawyer. But I guess my question to Tushnet and Belkin would be: can a President ignore a non-"MAGA" ruling? Is this a precedent for a future administration?Unknownhttps://www.blogger.com/profile/04376658657912769244noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-47985629664454043702023-07-21T20:09:15.966-04:002023-07-21T20:09:15.966-04:00A view from the peanut gallery:
It’s all about t...A view from the peanut gallery: <br /><br />It’s all about the rule of law, no? Who makes law, who enforces law, who adjudicates. <br /><br />If the Article II dude / dudette disagrees with the Article III Supremes, s/he should pen a tirade / argument / opinion at least as substantial as that produced by the court’s majority. If the president can’t convince the Article I crowd to pass legislation to accomplish alternative law, the executive branch needs to provide a substantial argument for its alternative for the plebes to digest. <br /><br />If the issue is this term’s affirmative action case, the dissent in that case doesn’t pass muster even if its glaring errors are corrected. The rest of the president’s branch therefore needs to promulgate a substantial alternative that might sway the plebes. <br /><br />Should the plebes disagree, they can petition their elected representatives to add the charge to an impeachment inquiry.SC Mikehttps://www.blogger.com/profile/00495164349378358991noreply@blogger.comtag:blogger.com,1999:blog-8776899.post-21562416851112565302023-06-21T14:12:54.110-04:002023-06-21T14:12:54.110-04:00Rationing activists embrace "climate change&q...Rationing activists embrace "climate change".mikesixeshttps://www.blogger.com/profile/09160784390266058938noreply@blogger.com