Tradition is not the worship of ashes, but the preservation of fire.—Gustav Mahler

Sunday, August 08, 2021

Letter to the Editor at National Review, Responding to Andrew McCarthy's “Impeachment in New York State”

 

Seth Barrett Tillman, Lecturer

Maynooth University Department of Law

National University of Ireland Maynooth

New House (#53)

Maynooth

County Kildare W23 F2H6

Ireland


August 8, 2021

 

 

Letters Editor

National Review

letters@nationalreview.com


 

Re:      Andrew McCarthy, “Impeachment in New York State,” National Review: The Corner (Aug. 5, 2021, 4:58 PM), <https://tinyurl.com/e4a5s3bw>.

 

Dear Editors at The Corner,

 

Andrew McCarthy wrote: “Conviction [in New York state senate impeachment proceedings] results in the removal of the official and disqualification from holding state office in the future—it is not a disqualification from seeking federal or even municipal office.” There is one big problem and one lesser problem with McCarthy’s restatement of New York impeachment law. First, under the state and federal model, the defendant’s removal form his office (if in office when convicted) flows as an automatic consequence of conviction by the senate. But, the senate has discretion in regard to imposing disqualification as an additional punishment. That’s the big problem.

 

The lesser problem is that McCarthy asserts that disqualification is a bar against holding “state office.” He asserts that this bar does not reach state municipal offices. There is a paucity of case law, scholarship, and historical precedents in regard to both New York and federal disqualification, so his determination that municipal positions are exempt from the disqualification bar is very difficult to understand. Moreover, the reader will assume McCarthy’s “state office”-language means that Governor Cuomo, should he be convicted and disqualified, would be barred from holding the position of governor again. But that too is surprisingly less than clear.

 

Under Article VI, Section 24 of the New York state constitution (1894), disqualification extends to “any public office of honor, trust, or profit under this state.” This language first appeared in the New York Constitution of 1821. The state provision is based on analogous language in the United States Constitution (1787). Under Article I, Section 3, Clause 7 of the United States Constitution, disqualification extends to “any Office of honor, Trust or Profit under the United States.” Unfortunately, neither the state courts of New York, nor the federal courts have meaningfully opined on the scope of either the state constitution’s or the federal constitution’s disqualification provision. Nor are there any New York state or federal historical precedents where a disqualified former officer subsequently sought to hold an elected position. So contra Andrew McCarthy, one cannot say with any certainty that a state senate impeachment conviction and disqualification would bar Governor Cuomo from subsequently holding state elective positions—including the governor’s office.

 

What is clear is that disqualification would act as a bar in regard to holding appointed state positions. This language of “office … under the United States” and “office … under the state” are successor terminology to pre-revolutionary era British statutory drafting conventions, which used “office … under the crown”-language. The British drafting convention did not reach elected positions (eg, Members of Parliament) or other apex positions (eg, the King), but only reached appointed positions. That is some good reason to believe that the very similar language appearing in the New York Constitution’s and U.S. Constitution’s disqualification provisions did not extend to any elected positions.

 

Sincerely

 

/s/

 

Seth Barrett Tillman

Seth Barrett Tillman, Submitted as a Letter to the Editor at National Review, Responding to Andrew McCarthy’s Impeachment in New York State, New Reform Club (Aug. 8, 2021, 6:53 AM), <https://tinyurl.com/47ht8zp6>;


Part II, How Scholars Change Their Minds: 2006, 2009, and 2017

 

BEFORE

Amanda L. Tyler , Is Suspension a Political Question, 59 Stanford L. Rev. 333 (2006):


Taney, in turn, ordered the release of the prisoner; Lincoln, however, did not comply with the order.

Id. at 355 n.121 (emphasis added).

Amanda L. Tyler, Suspension as an Emergency Power, 118 Yale L.J. 600 (2009):


As is well known, Chief Justice Taney concluded in Ex parte Merryman, 17 F. Cas. 144 (Taney, Circuit Justice, C.C.D. Md. 1861) (No. 9487), that the President does not possess the unilateral power to suspend the writ, and Chief Justice Taney ordered the release of John Merryman, who was taken by the military from his home in Baltimore and detained at Fort McHenry, all pursuant to a unilateral presidential authorization of a suspension in the area.

Id. at 638 n.181 (emphases added).

AFTER

Amanda L. Tyler, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay (2017):


[T]he chief justice ordered General Cadwalader to appear and produce the body of John Merryman at a hearing to be held the next day . . . .

Id. at 161 (emphasis added).


Seth Barrett Tillman, Part II, How Scholars Change Their Minds: 2006, 2009, and 2017, New Reform Club (Aug. 8, 2021, 5:00 AM), <https://reformclub.blogspot.com/2021/08/part-ii-how-scholars-change-their-minds.html>; 

Part I, How Scholars Change Their Minds: 2005 and 2020

 


 

BEFORE

 

Saikrishna Prakash, Regulating Presidential Powers, 91(1) Cornell L. Rev. 215 (2005) (reviewing Harold J. Krent, Presidential Powers (2005)):

 

Given that [Professor Krent] spends much time discussing the merits and demerits of judicial review of executive action, and given that Presidents (such as Andrew Jackson and Abraham Lincoln [in Ex parte Merryman]) have ignored judgments in the past, he ought to have more fully discussed the consequences of judicial review-namely, what if anything, the President must do after the issuance of a judicial opinion and judgment.

 

Id. at 223 (footnotes omitted) (emphasis added).

 

AFTER

 

Saikrishna Bangalore Prakash, The Living Presidency: An Originalist Argument against Its Ever-Expanding Powers (2020):

 

The executive complies with such [judicial] judgments because for two centuries presidents have consistently supposed that judges decide who wins and loses a case, with the executive obliged to enforce and honor those judgments. The handful of exceptions, such as Lincoln’s refusal to honor Chief Justice Roger Taney’s constitutional opinion in Ex parte Merryman (Lincoln ignored Taney’s conclusion that the executive was illegally holding John Merryman), force us to take notice.

 

Id. at 110 (emphases added) (parenthetical in the block quotation is Prakash’s).


Seth Barrett Tillman, Part I, How Scholars Change Their Minds: 2005 and 2020, New Reform Club (Aug. 8, 2021, 3:15 AM), <https://reformclub.blogspot.com/2021/08/how-scholars-change-their-minds-2005.html>;

 

Friday, August 06, 2021

Letter to the Editor at The Washington Post, Responding to Amber Phillips’s “How Andrew Cuomo’s impeachment in New York will work”

August 6, 2021

 

Letters Editor

The Washington Post

letters@washpost.com

 

Re:     Amber Phillips, “How Andrew Cuomo’s impeachment in New York will work,” The Washington Post, August 5, 2021.

 

Dear Letters Editor,

Ms Phillips wrote that: If Governor Cuomo is convicted by the state senate, then “the impeachment court can take an additional step and bar him from serving [in] public office in New York again.” That’s not quite right.

Under Article VI, Section 24 of the New York state constitution (1894), disqualification extends to “any public office of honor, trust, or profit under this state.” This language first appeared in the New York Constitution of 1821. The state provision is based on analogous language in the United States Constitution (1787). Under Article I, Section 3, Clause 7 of the U.S. Constitution, disqualification extends to “any Office of honor, Trust or Profit under the United States.” Unfortunately, neither the state courts of New York, nor the federal courts have meaningfully opined on the scope of either the state constitution’s or the federal constitution’s disqualification provision. Nor are there any New York state or federal historical precedents where a disqualified former officer sought to hold an elected position. So contra Amber Phillips, one cannot say with any certainty that a state senate conviction and disqualification would bar Governor Cuomo from subsequently holding state elective positions. Moreover, there is no doubt that conviction and disqualification in state impeachment proceedings would leave Cuomo eligible to hold any federal position: President, Vice President, member of the United States Senate or House—from New York or any other state, and any federal appointed position.

What is clear is that disqualification would act as a bar in regard to holding appointed state positions. This language of “office … under the United States” and “office … under the state” are successor terminology to pre-revolutionary era British statutory drafting conventions, which used “office … under the crown”-language. Such language did not reach elected positions (eg, Members of Parliament) or other apex positions (eg, the King), but only reached appointed positions. 

Sincerely,

/s/

Seth Barrett Tillman 


Seth Barrett Tillman, Submitted as a Letter to the Editor at The Washington Post, Responding to Amber Phillips’s How Andrew Cuomo’s impeachment in New York will work, New Reform Club (Aug. 6, 2021, 10:34 AM), <https://reformclub.blogspot.com/2021/08/responding-to-amber-phillipss-how.html>.

Thursday, July 29, 2021

Letter to the Editor at The New York Times, Responding to Atossa Araxia Abrahamian's "There Is No Good Reason You Should Have to Be a Citizen to Vote"

Seth Barrett Tillman, Lecturer

Maynooth University Department of Law

New House (#53)

Maynooth University

County Kildare

Ireland W23 F2H6


July 29, 2021


The New York Times

Letters Editor

letters@nytimes.com

 

RE: Atossa Araxia Abrahamian, There Is No Good Reason You Should Have to Be a Citizen to Vote, The New York Times (July 28, 2021).

 

Ms Abrahamian tells us that she “lived in New York since 2004, but [she] ha[s]n’t once had a chance to cast a ballot here.” That is not quite true is it? Legal residents can apply for U.S. citizenship after residing in the U.S. for as little as 5 years—after which the federal government will process your application. It is now 2021. So Ms Abrahamian has had roughly 12 years to apply for U.S. citizenship and then, having secured it, to vote in U.S. elections. If she has chosen not to apply for citizenship, or not to apply in a timely manner, then it makes no sense for her to claim that she has not had “a chance” to vote. She has had that chance: a substantial one.

 

Legal residents are just that. They get to reside in the United States. No one will ask them or make them share the common fate of other Americans. No one in a position of authority in the U.S. government will ask a legal resident to stay in the U.S., and no one in a position of authority will ask a legal resident to leave. Ms Abrahamian is such a legal resident, and as such, she can always leave and return to her former Swiss home. Once in Switzerland, the United States government will have no claim to tax her future income, and it cannot prosecute her for crimes she may commit abroad, and it cannot dragoon her to return to the United States to serve in its armed forces. It is altogether different for U.S. citizens, like me, living abroad. As a U.S. citizen, the U.S. government can tax my income earned abroad, prosecute me for crimes committed abroad, and draft me into its armed forces. And, that is why an American citizen, like me, although living abroad, gets to vote in U.S. elections, and that is why Ms Abrahamian does not, notwithstanding her being legally resident in the United States. 

If you want the right to vote, you should have to commit to sharing our polity’s common fate. And if you choose not to take on American citizenship and to share that fate, then you ought not complain that you are excluded from the democratic process that will in large part determine that common fate.

Seth Barrett Tillman, Lecturer

Maynooth University Department of Law


Seth Barrett Tillman, Submitted as a Letter to the Editor at The New York Times, Responding to Atossa Araxia Abrahamian’s There Is No Good Reason You Should Have to Be a Citizen to Vote, New Reform Club (July 29, 2021, 3:29 PM), <https://reformclub.blogspot.com/2021/07/letter-to-editor-responding-to-atossa.html>; 


Saturday, July 10, 2021

The Wards of Civilization

There is a distinctively Orwellian note in the official slogan, "Build Back Better." This is the slogan that follows on the heels of the state-enforced halting of the economy, the cessation of social interaction, the suspension of schooling. "Building Back Better" is often described laced with racial and sexual tribalism. The slogan also vies for ubiquity with the slogan "Defund the Police," to the extent that one wonders if the two ideas are not part of the same program, so that one wants to know: building back to what?

The White House says it has no intentions "to build back to the way things were." So despite the fact that more Americans than ever are unable to have the American dream of owning a house, restoring that dream would be building back "to the way things were," and thus, seemingly by definition, not "better," but somehow worse.

When one is asked to "reimagine" their world and turn it into something new, one cannot help but to look back, if just for a moment, and reflect on what one is being asked to leave behind. That which is new, after all, is not always better. When the Americans threw off the relatively light yoke of George III, a large number of Americans thought it was rather a step backward. T.H. White had King Arthur grumble to Lancelot in The Once and Future King that "It was no good conquering the Dictator unless you and the others do the civilizing part." 

"What is the use," Arthur went on, "if the whole place is fighting mad?" This, I fear, is an apt question for our time. The fighting spirit is the engine of humanity. But it is usually tuned to the key of destruction, always fighting against something. Do we fight for anything?

One can sense something cyclical, if not rather regressive, in the present mood. For this is not the first time we have been fighting mad. We have gone to war before to vindicate a certain ethos, a way of life for this country. Why did we war: For a political agenda? For economic superiority? For military advantage? No, not for these, but for higher pursuits. John Adams had it that "I must study politics and war that our sons may have liberty to study mathematics and philosophy ... geography, natural history and naval architecture, navigation, commerce and agriculture." 

But even these pursuits are merely instrumental. They are pursuits a government ministry might later be installed to study and regulate – and dominate. Domination can never be the end of civilization. Mere domination is not the end: mastery is the end. For as Adams went on, when his children had attained mastery, then their children, in turn, would gain "a right to study painting, poetry, music, architecture, statuary, tapestry and porcelain." The ends of civilization are not the things we do on weekdays. They are the things we give ourselves to on holidays and, perhaps even more, on holy days.

White's King Arthur sensed this too. His knights of the round table, having no higher pursuits to give themselves to after rooting out all the thieves' dens and spreading peace throughout the land, had turned back to fighting against each other. Just so, one would not be too terribly surprised to learn any day now that a member of Congress had been caned on the House floor. (Weighing most anxious on our minds would be questions of the race and sex of the parties involved.) What was needed, Arthur concluded, was a great spiritual quest. So Lancelot and the other knights of the round table went off on crusades. And so have our modern knights of the board room tables.

I have gotten ahead of myself. What I have overlooked – for it is the privilege of the present to assume its inevitability – is how America got from independence to civilization. That was not inevitable. We look to those who drafted our founding documents, and those who fought in our Revolutionary War and Civil War, as the founders of our country. But more precisely, they are the founders of our government. Our country, our civilization, is something apart from its government. And for our civilization we owe credit to many rough fellows, who subdued the wilderness of this country, and who did many unpleasant things, in order to build a great country. The people who carry out the business of civilizing tend to be uncivilized. I do not volunteer to head any committee to erect statues to these uncivilized individuals (for in the present fighting mood they are liable to be torn down anyway). But those of us who value civilization ought to remember them.

Larry McMurtry's Lonesome Dove has a fine passage remembering the likes of those rough fellows. McMurtry, who just passed away earlier this year, did not think his book a "towering masterpiece" or anything, but merely a "Gone with the Wind of the West," which may help calibrate our standards to his rather higher ones. In the book, Gus and Call, who fought in the Civil War and then as Texas Rangers, are now driving cattle up to Montana. In a short bit of dialogue where the characters recall an old Indian they had known, McMurtry sets up a poignant observation:

"I remember him," Augustus said. "It was always a puzzle to me how such a short-legged Indian could cover so much ground." 
"He claimed to have been all the way from the Columbia to the Rio Grande," Call said. "That's knowing the country, I'd say." 
"Well, he was an Indian," Augustus said. "He didn't have to go along establishing law and order and making it safe for bankers and Sunday-school teachers, like we done. I guess that's why you're ready to head off to Montany. You want to help establish a few more banks. ... Every bank in Texas ought to pay us a commission for the work we done. If we hadn't done it, all the bankers would still be back in Georgia, living on poke salad and turnip greens."

Today, of course, there aren't any more cowboys or Indians than there are Sunday-school teachers. But there is no end of bankers. Gus and Call are fictional men, but they stand for real ones. And I doubt many people today want to take credit for their adventures. Yet we have the benefit of them, those of us who are able to live simple and peaceful lives today, for which most of us are grateful. The bankers and politicians and big corporate enterprises, on the other hand, have the greatest benefit of all. And for this, they are resentful. This is something worth remembering the next time you hear these sorts of people launch into sermonizing at you. The wine served at celebrations and ceremonies is taken joyfully and reverently. It is the wine drunk at every meal that collects critics. 

In the end, if you remember, Gus succumbs to an Indian arrow to the leg. He lost the leg, but the gangrene had spread to the other leg. A sawbones was nearby to take it off, but Gus refused. He could still get about by horse as a one-legged man, he figured, but not as a legless one. He was among the last of his kind, and would not give up his legs: for it is a high calling to be a steward of civilization, but a low thing to be its ward. 

Are the stewards of our civilization, like Augustus, who made the world safe for bankers and school teachers, having now discharged the duty for which they were called, passing from the earth? We are the heirs of the bankers and school teachers. But we have become bored. Or like Arthur said, though we could not root out our might, and the desire for conquest, yet we also ran out of things to which to direct our might. John Adams was wrong: painting, poetry, music, architecture, statuary, tapestry and porcelain, did not detain us very long. Adams might have looked to Solomon: Solomon, perhaps because he had seen decay begin to set in even to the great works of Ozymandias, did not ask the Lord for might, but for wisdom. Yet he received might as well, and in the end it defeated his wisdom. Every epoch of human history teaches this: beyond the brief cresting moment upon attaining civilization, when we stand, for a moment, fully upright atop a fleeting domination of the powers of the earth and mastery of its natural forces, in joyful celebration, and having attained stewardship of God's creation, we know naught but the slow but certain bending of our gaze, from up to the heavens, back down to the slime. 

Build back better? I must be permitted to doubt. The builders have nothing but disdain for the stewards of our civilization. They would prefer we settle into the role of their wards, while the new Lords of the earth perfect our souls.

But our new Arthurians are wrong, too: matters of the soul will not detain us either. At least, not in the way we might expect. What finally saved White's Lancelot was neither conquest nor mastery, but ruin, humility, and baptism. Even after he had confessed the sins of his former vainglorious self, Lancelot found he could not return to his old life again. "But if you really were absolved this time!" Guenever cried, to which Lancelot replied: "God was not punishing me by letting the black knight knock me down – he was only withholding the special gift of victory which it had always been within his power to bestow." 

But this is unearthly wisdom: To give up glory? And not get anything back? Lancelot had been victorious as a sinner, so why should he always be beaten when he was heavenly? What then, Guenever wanted to know, did Lancelot do? 

"I knelt down in the water of Mortoise, Jenny, where he had knocked me – and I thanked God for the adventure."

Only God can tame our might, by tipping us over, until we learn: we are not the greatest force in the world – and we kneel in the place where we have been knocked down, and thank God, simply for the adventure. 

And pray that He humble the utopianists.

Friday, July 09, 2021

Banned by the Communist Party of China: A Review of Liu Lianzi’s “Ruyi’s Royal Love in the Palace”


Seth Barrett Tillman, Banned by the Communist Party of China: A Review of Liu Lianzi’s “Ruyi’s Royal Love in the Palace,” New Reform Club (July 9, 2021, 11:17 AM), <https://reformclub.blogspot.com/2021/07/a-review-of-liu-lianzis-ruyis-royal.html>; 


Seth Barrett Tillman, ‘A Review of Liu Lianzi’s “Ruyi’s Royal Love in the Palace”,’ New English Review (Nov. 30, 2025) (online), <https://tinyurl.com/ycxmbyeu>, <https://tinyurl.com/56j4nrjs>; 




Saturday, May 22, 2021

"You Read What You Want to Read. I Don't Know Why."

"...I think because you never had to see what I have seen." 

The miniseries Centennial, based on James Michener's novel, is excellent. It is one of the few adaptations that, in my humble opinion, surpass the original (you, too, will be grateful to the screenwriter who shaved some 5 billion years and 100 rather ridiculous pages off the beginning of Michener's book). Centennial is a biography of a place, namely, Centennial, Colorado. It begins in 1797, and progresses through the mid-20th century. Watching these mere 12 episodes will give you a sense of the continuity of our country and its people that I have not experienced in any other work.

Michener was a Democrat. He even ran for Congress once (which he regarded a serious career mistake.) He was an FDR Democrat, and a JFK Democrat. For younger readers, that is the kind of Democrat that embraced the principles of Martin Luther King, Jr., and would not readily understand why 21st century Democrats feel the need to distance themselves from those principles. 

Racial tension and reconciliation is a major theme in Centennial. America has had problem with these things. But Michener also offers perspective. For Michener, there were worse things than commonplace racism. Things like brutal tyranny, violence, and war.

I love the following scene about Tranquilino, growing old in the 1930s, but who was once a young man bitter at his uncle Nacho for leaving his home Santa Ynez for Colorado in the years leading up to the Mexican Revolution, living under military occupation, his people forced to work in the mines. Tranquilino even shot a man in a firing squad when demanded of him by the general. But he refused to shoot women, and so he fled. And then found good but friendless Centennial farmer Hans Brumbaugh, and he worked hard for Hans, and they became fast friends, and when Tranquilino left to fight in the Revolution and away from his adopted home of Colorado and his friend Hans, it broke Hans's heart, and when Tranquilino came back to find his friend had just passed away, it broke his heart, too.

And that sets up this moving scene at his son Triunfador's cantina, having returned after a white man harassed Triunfador's sister in town and the sheriff almost arrested Triunfador for stepping in:

Father: "I'll get my money when I finish my work."

S: "A burro's work. And that's the only reason they let us stay here. We make them rich, and the little money they pay us, they steal back from us by raising prices at the stores. Our money is welcome, but we are not."

Mother: "Triunfador, you make it sound so bad."

S: "It is bad."

F: "There is no war." 

S: "There's a war against us." Pulls out newspaper clipping and reads: "Hilario Guttierez, a Mexican farmer, on a farm near Eagle Pass, made approaches to a white woman, and was duly lynched." 

M: "If he hit the woman and threatened her--"

S: "Mama, he didn't hit her. He smiled at her. Maybe he said, 'Ay, ay, ay, muchacha.' Not even as much as the--as the Anglo said to Soledad. And for that--for that, he was lynched." 

F: "In Colorado, he should know not to say nothing like that to Anglo women. " 

S: "The word I'm talking about is 'duly.'"

M: "'Duly.' What does it mean?"

S: "It means, in the natural order of things. Because he was a Mexican, he was naturally lynched. Naturally lynched!" 

F: "I don't know this Guttierez. I don't know what he did to this woman."

S: "Papa--"

F: "Neither do you. You read what you want to read. I don't know why. I think because you never had to see what I have seen."

S: "You don't see what's going on around you."

F: "I have seen women like our sister and mother turned into savages--killing with guns and knives to keep from being killed. I have seen them buried in holes in the ground. 200, 300 who went to war. I have seen your own brother blown up into so many pieces, I don't know how to begin to bury him. They don't blow up the trains in Colorado."

S: "Papa--"

F: "Here, there is no need for war. We do not work like a slave, seven days a week in the darkness in the mines, in the darkness, only to make Don Porfirio more rich...and General Terrazas more powerful. In Colorado, we can see the sun rise, the sun goes down. We do not step in the gutter when the strong man comes around. I don't care, not even for the sheriff. And we get paid. In Colorado, you can have a place like this, a place for all of us in the winter when the work is done in the fields. Good food. Musica. A place to be together and warm when the snow is outside and in the street. A place, Triunfador, to make winter the best time of the year. The best time."

S: "I don't see how you can see the good in everything." 

F: "I'm always looking. You will see, mijito, you will see. It is good here, and it will be even better. This place, your place--this will make it better. You will see."

_____

You may choose to see the bad in anything. It is easy if you try. But if we wish to find anything good, we must first cultivate the desire and skill to look for it. The younger generations will always give us vigorous and angry Triunfadors, who scour the news looking for injustices, and struggling against those they perceive to stand against a more perfect world, which we can achieve if only we had a little imagination. But the Triunfadors depend on an older generation of Tranquilinos, who have learned that those who think things can't get any worse, have no imagination at all.

Tuesday, April 20, 2021

Chauvin: A jury of his peers?

NPR, March 11:  Several members of the jury pool in the Derek Chauvin case have said they fear retribution if they were to render an unpopular verdict




Regardless of the merits of the case against Derek Chauvin, there is certainly reasonable doubt about the makeup of the jury: The smart ones begged off--only those already disposed to convict would have readily agreed to serve in the Trial of the Century:

PROSPECTIVE JUROR 1: "The case itself is just very - this whole thing is just very divisive, and I'm not a divisive person. I don't - I just feel like - I'd just rather not be a part of something that's so two-sided."

 
And I certainly wouldn't risk myself and my family because my name got out that I voted not guilty. 

PROSPECTIVE JUROR 2: "With a high-profile case, I know everything becomes public. So depending on what's ruled, that could be the problem later on down the line or even in the process."


Epilogue:  GUILTY ON ALL COUNTS

____________________

LATE ADD [Denouement]:

Alt. juror in Chauvin trial on mob: ‘I was concerned they would come to my house’



KARE-TV 11’s Lou Raguse shared online that the jurors were so intimidated that they didn’t even share their real names with each other.

He tweeted: “This was shocking to me, but Christensen told me she and the other jurors didn’t even share their real names and occupations with each other. Just called each other by juror number. Got along but mostly made small talk. Concerned about saying too much.'”


“I had mixed feelings,” she said. “I did not want to go through rioting and destruction again, and I was concerned about people coming to my house if they were not happy with the verdict.”




Monday, April 19, 2021

A modest proposal re: our Constitution's flaws

Yes, by all means--

It may take a century or two, but tat-for-tat, eventually a 435-member Supreme Court. Pack the HELL out of it.


And in the meantime, let's admit DC and PR and Guam and Samoa and then split up the rest of the states and get a 435-member Senate. 

Then let's elect 435 presidents.  It's only fair.

Although then we might have to expand to 870 of each to keep it fair.  That would be even more democratic. But first things first.  One constitutional miracle at a time.

Friday, April 16, 2021

Tweets that Aged Well, and Tweets that did not Age Well

 



Seth Barrett Tillman, Tweets that Aged Well, and Tweets that did not Age Well, New Reform Club (Apr. 16, 2021, 4:29 AM), <https://reformclub.blogspot.com/2021/04/tweets-that-aged-well-and-tweets-that.html>;

Monday, April 05, 2021

Is it Believable?

 

Natsu Taylor Saito, Indefinite Detention, Colonialism, and Settler Prerogative in the United States, in Special Issue: Genealogies of Indefinite Detention, 30(1) Social & Legal Studies 32–65 (February 2021):


Tens of thousands of civilians in northern and border states were interned and many more banished without any specific showing of disloyalty. In one Missouri county, for example, by late 1863 only 600 people remained out of a population of 10,000 (Brownlie, 1958: 126, 163). Congress subsequently authorized suspension of the writ in 1871 to help suppress the Ku Klux Klan in the Reconstruction South, in 1902 to facilitate the colonial conquest of the Philippines, and in 1900 to preclude threats to the annexation of Hawai‘i (Klein and Wittes, 2011: 120–122). 

Why tell us that the population was reduced from 10,000 to 600 unless the bulk of that decrease arose in connection with habeas-related, internment-related, and/or banishment-related policies? And if this meaning was intended by the author, is it believable?

Seth

Seth Barrett Tillman, Is it Believable, New Reform Club (April 5, 2021, 2:23 AM), <https://reformclub.blogspot.com/2021/04/is-it-believable.html>;