At the risk of drawing the wrath of the wokes…

I couldn’t help but notice that Chicago was the latest city seemingly brought to its knees by what their behavior indicates is a semi-organized criminal element. Large retailers as well as small businesses and restaurants were the target of looting throughout the downtown section of Chicago on Sunday night into Monday morning. The Tribune reports that some of the criminals responsible were seen loading their loot into the back of waiting rental trucks and other large vehicles. That hardly sounds like a spontaneous protest of social-minded reformers. A hundred looters, a small minority of those the video clips show participating in the pillaging, were arrested.

Last night, Black Lives Matter Chicago held a rally supporting those who were arrested… if one can use the word “rally” to describe the act of surrounding a police station and threatening violence if the group’s demands aren’t met. One of that organization’s leaders noted that the ongoing looting was simply “reparations,” further asserting that “Anything they wanted it take, they can take it because these businesses have insurance.” So, it turns out that theft and destruction are just fine as long as you call them something else.

The incident was triggered when a 20-year old suspect opened fire on the police, who had the unmitigated audacity to return fire when fired upon. Shocking. That particular detail was, of course, buried well down below the lead in most of the sources I read this morning.

I don’t know how long we’re collectively supposed to pretend that violent criminals are in possession of the insurmountable moral high ground in these incidents. At least a few media outlets are starting to report on these events more objectively rather than trying to sell the story of saintly and peaceful protestors versus the wicked and evil police. 

Look, you want to protest, sing your songs, clap your hands, wave your signs, whatever it is that legitimately peaceful protestors spend their time doing, fine. I’m happy for you. Do your thing. Whatever. The moment you use that platform as a cover for violence and criminal behavior, any credibility you may have had with moderate observers is pretty much null and void.

I’m sure this post runs the risk of drawing down the wrath of the internet wokes and getting me cancelled for having the temerity to break with their received truth. As long as it’s my name up there on the masthead, though, you can always trust that I’ll keep saying what I think rather than what’s simply in fashion.

Pen and ink…

This weekend I visited the Maryland Board of Elections website and applied for a general election absentee ballot. I know, I know, my hard right friends will be sure I’m throwing my ballot into a swampy morass of leftist vote rigging. My leftist friends will be offended that I had to actually apply for the ballot instead of them being airdropped from one end of the state to the other. When both sides are pissed off, I generally feel like I’m getting something right.

Due to circumstances, I’ve voted absentee in presidential elections at least twice previously. Licking a stamp doesn’t give me the same warm fuzzy that I got from walking into the old-fashioned voting booths, throwing the lever, and closing the curtain behind me, but then again neither does the little scantron forms used with “modern” voting machines. Still, when possible, I like voting in person when it’s possible. It makes me feel like I’ve done something a little more important than sending in a rebate or paying the phone bill.

Look, you’re free to do whatever you want, but the idea of standing around for half an hour or more with several hundred of my closest neighbors, touching all the same things they touch, breathing in the recirculated air, and watching them argue for their “right not to wear a mask” has very little appeal. That’s especially when there’s a simple and effective alternative – although how effective it will be across each of the 49 other states remains to be seen. This feels like a good time to remind everyone that we don’t have national elections in this country – but rather a host of state elections by which we decide who represents us and forms that national government. 

Frankly, influencing an election to determine who makes up that government by hacking into an electronic machine feels a lot more likely to than doing so via pen and ink ballots, so I’m a little perplexed at why it’s even a thing we’re supposed to worry about. Then again, everything has to fit someone’s narrative so I’m sure there will be plenty of coverage about how both options are awful and we’re all doomed.

That’s not how any of this works…

This morning, President Trump suggested via tweet that the general election in November should be delayed. Dude, seriously. That’s not how any of this works.

The United States has held its regularly scheduled elections through the Civil War, through the depths of the Great Depression, through two globe-spanning world wars, and yes, through past pandemics. 

Notwithstanding the fact that suspending elections is not among the powers of the president, the suggestion that doing so is necessary or proper flies in the face of both history and common sense. Suggesting that we as a country are somehow incapable of electing a leader in times of adversity defies the reality of the American electoral experience.

Let us assume for a moment that the election is delayed (something that would require changing current law that establishes election day as “the Tuesday next after the first Monday in the month of November”) – past November – past December – past January. Even in the absence of an election, an inauguration will take place on January 20th, so it’s not as if President Trump simply stays in office. His term expires on January 20th at noon. The office and powers of the presidency would then devolve to the next duly elected official in the line of succession – in this case that would most likely be the President pro tempore of the United States Senate since he’s in the middle of his term of office. We’ve skipped over the Speaker of the House of Representatives since her term would have expired along with President Trump’s on January 20th.

A suspended election doesn’t create an eternal Trump presidency, but it does make the creaking machinery of our Constitution work much harder than it needs to. Suggesting that such a thing is even a possibility belies both a tremendous lack of understanding of how elections in this country work and a fundamental disregard for the foundational institutions of the republic.

Lowest common denominator…

I’ll admit it. I’m vaguely fascinated by news reports of some of the fringe actors in the modern “protest” movement – particularly the ones that define themselves as being “resolutely anti-capitalist.”

The Cold War kid in me has definite feelings about that. 

The middle aged adult me, the one with a vested retirement and decades of proven growth a tax advantaged savings account, has big feelings about it.

Far from seeing capitalism as the disease, I’ve always viewed it as the cure, though it’s far from a magic pill. I took my lumps back in 2008 just like everyone else – maybe a little more because I was determined to make good on my debts rather than just walking away from them or expecting someone else to foot the bill. Even after taking those lumps, though, I’m miles ahead of where I would have been had I opted out of capitalism to chase a Marxist pipe dream. Color me an enemy of the state for that, I guess. 

I’ve long mistrusted people as individuals – and have had virtually no trust at all of large groups of them who are convinced beyond reason that they have uncovered the One True Way. I don’t have the time or energy to do anything with fanatics other than mock them mercilessly. Life experience tells me that expecting everyone around the globe to link arms, sing happy songs, and do everything out of the goodness of their collective hearts is going to do not much more than shatter the hopes and dreams of a bunch of idealistic youngsters when the realize the world truly doesn’t give two shits about them or whatever cloud castle they’re trying to build. 

The history of our species is a long list of violence and blood-letting. If we pull back the curtain far enough on this wave of “anti-capitalists,” I’d speculate what we’ll find is just another group of elites who are inching along what they’ve identified as a newly feasible path towards gathering up the reins of power into their own hands. 

Me? I prefer the market-based approach. It doesn’t pretend to be kinder and gentler – but a system that rewards personal initiative and risk seems infinitely preferable to one that wants to smash everyone into the mold of lowest common denominator “equality.” 

What I learned this week…

At the risk of being accused of not taking anything seriously, the thought that’s occurred to me more often than any other this week is wondering how, exactly, so damned many people have eight or nine days off, largely in the middle of the week, to be able to spend so many days in a row schlepping around the streets of America’s major cities. 

I wish I were even being facetious. I’m simply amazed that so many people have the amount of free time in the middle of the day that being this level of involved would require. I mean don’t get me wrong, I’ve got a nice pile of vacation time stacked up, but not so much I can fire off a week of it at a time due to unplanned circumstances.

Maybe what I learned is that I’m not getting as good a deal on leave as I thought I was. Best believe I’ll be making sure to educate myself further on this one.

Grains of truth…

I live in a reliably Republican voting county in a blue-voting state. Being one part interested in what’s happening in the community and one-part nosy bastard, I’m a member of several “community based” Facebook groups. Nowhere I visit online is more politically charged than most of these groups. Both the free shit for everyone lefties and Trump is the best president in history crowd are well represented. I think both sides there are idiots, but that’s not my point here.

If you’re anywhere on social media it’s probably impossible to miss the people who are rabidly clamoring to “open now.” Their argument almost universally is centered around some variation of “Well, if you don’t feel safe just stay home” and/or “Small businesses need to start making money.” Take away the vitriol with which those sentiments are spewed across the internet and I fully understand the argument. 

Small businesses, having largely been shuttered for two months, are absolutely in danger of never opening their doors again. The “open now” crowd wants desperately to believe proclaiming businesses open will restore the world to the way it was in February. When the doors to all these businesses finally fly open, this sub-section of people will, I’m sure, crowd in. The other, and I presume larger percentage of people, will not be part of the swarm. This second group are those who don’t feel safe and, on the advice of the first group, have opted to “just stay home.” Sure, they may loosen their self-imposed restrictions a bit, but it won’t be with the free-for-all, madcap, devil-may-care embrace that the “open now” crew advocates. 

Even here in reliably red Cecil County, I have a hard time imagining businesses small and large filled anywhere even close to capacity again any time soon. Business can be all the open they want to be and if people don’t show up in mass, they still won’t make their margin. No one wants to hear this nugget, but my take is that whether open or closed here in last third of May, hundreds of thousands of businesses that were going concerns at Christmastime will be shuttered permanently by Independence Day… and there’s virtually nothing that’s going to stop it from happening.

I don’t take any pleasure in even thinking it because there’s a laundry list of businesses, both small and large, that I patronize, or I use to patronize, fairly regularly. I may be tempted back to a few of the used book shops sooner rather than later – as often enough I’ve had those places to myself even before the Great Plague. But sitting down in a restaurant, packing in shoulder to shoulder at a concert, or even wandering the aisles at the average retail establishment? Yeah, that’s a no from me for the foreseeable future. 

The grain of truth in the “open now” argument is that yes, I will do my own risk assessment and keep my ass at home until I determine (based on the advice of scientists and not politicians) that it’s reasonably safe to do otherwise. Then again, no one has ever had to encourage me to stay home, so maybe I simply lack the impulse that inspires other people to need to pull up a stool to their favorite bar in defiance of basic logic and common sense.

On tracking the virus…

I’ve written before about the decline of personal privacy. We slap RFID tags on our vehicles to make paying tolls marginally less painful. We carry around a mobile tracking device in our pockets. Many of us live with home security cameras that can see all but the most private moments.

The tech industry’s move towards developing apps that use our phone’s onboard GPS to track proximity to potentially infected people may sound like an altruistic use of technology to improve public health. Outside of saying they’re working on this “neat new thing,” not much is being said about the implications that come along with using such a personal tracker. Without knowing what, if any, legal safeguards will be in place, details of what beyond proximity is being collected, how long it will be stored, who will have access to it, how it will be used, and what control I will have over what’s collected, I have to say it’ll be pass from me. 

I’ve signed over some degree of privacy to big tech already because I value the services they provide. At its heart, though, my cell phone is nothing more than a tool. I have no intention of taking life guidance from it – or from Apple or Google or any of the other firms racing into this space. 

I won’t be wearing a tinfoil hat anytime soon, but I feel like sooner rather than later I’ll find my phone living in a Faraday bag except for moments when I need to use the damned thing.

Scorn and Derision or: The Importance of Knowing Your Amendments…

For the entirety of my lifetime, the 1st, 2nd, 4th Amendments* have gotten somewhere around 95% of the total air time of anyone discussing the Constitutional Amendments in any context. The other five percent is given over to the taxation is theft crowd, celebrating the repeal of prohibition, and everything else. The last three years, something of a historical outlier, have also included not insignificant discussions of the 25th Amendment as well. 

After listening to President Trump’s claim that “When somebody is president of the United States, the authority is total,” it appears that we’re going to spend some amount of time in the near future pondering the Tenth Amendment.

The president is right that we do need to develop a plan for putting the country back to work. Sooner or later, we’re going to have to start opening up the economy. Great Plague or not, there’s a limit to how long people are going to tolerate sitting home, watching their livelihoods crumble, and seeing no obvious end in sight. Beyond the statement of fact that the economy needs to be opened, his argument that it’s a decision to be made by the federal executive branch alone is, in a word, wrong. Other words that could have been used here are: asinine, nonsense, bunk, hokum, or bullshit.

Just as the timing and decision to curtail all but essential business was made by state governors across the country, the governors will also establish the timing and criteria by which business is allowed to reopen. It may be done in conjunction with advice from the federal government, it may be backed up with federal resources, but the decision on timing and “how to” resides with the governors.

Given the 10th Amendment’s reservation of powers not delegated to the federal government to the states, there simply isn’t a lawful mechanism by which the president may issue a blanket decree that state and local government, businesses, and educational institutions are open for business. Anyone who tells you otherwise is lying. Anyone who insists that the president does, in fact, have this authority, is attempting to empower the executive branch far beyond anything envisioned under the Constitution – and deserves the scorn and derision of those who have grown and prospered under that protection of that great charter. 

Constitutional Amendments Quick Reference Guide:

  • 1st Amendment – Freedom of speech, religion, and the press
  • 2nd Amendment – Right to keep and bear arms
  • 4th Amendment – Freedom from unreasonable search and seizure
  • 10th Amendment – Reserves powers not granted to the Federal government to the states or the people
  • 16th Amendment – Allows Congress to levy a national income tax
  • 21st Amendment – Repeals prohibition
  • 25th Amendment – Clarifies the rules of presidential succession

On being final…

It will come as a surprise to no one who really knows me that I stayed as far away from math and science as possible during my four years as an undergrad. I could muddle through the work and scrape through with C’s, but I had no aptitude for it, no talent. Turn me loose in Dunkle Hall for History of Whatever or Guild for political science and I was in my element.

Increasingly it feels like many of the old maximums of political science I learned 20+ years ago don’t really apply to the study of politics in 21st century America. Despite the formal education and a few decades of reading I find myself feeling like a stranger in a strange land more and more often.

Still, though, some of the old truisms were true for a reason. While lecturing on the role of the Judiciary, Dr. Simpson was fond of reminding us that “the Supreme Court isn’t final because they’re right – They’re right because they’re final.” It’s one of those deeper truths wrapped in a easy to understand package. For good or bad, short of amending the Constitution, there’s simply no mechanism to allow for appeal beyond the Supreme Court.

Listning to the talking heads today, many of them seem to forget that the same is true when the Senate sits as a court of impeachment. That body has sweeping latitude to set the terms of the trial and the outcome belongs to them alone to decide. What the House thinks, or the president thinks, or what the latest polls show is a bit of interesting, but not particularly relevant detail.

In cases of impeachment, the Senate is right simply by virtue of being final. If you don’t like the results, if you don’t like how you’re being represented in this republic of ours, then the onus is on you to secure different representation at the ballot box… but running around whimpering that “the Senate got it wrong” makes you sound like a schmuck.

A love letter to Iowa…

Grumble grumble Trump. Grumble grumble impeachment. Grumble grumble senate. Grumble grumble State of the Union. Grumble grumble Brexit.

In this, the winter of our discontent, the Iowa Democratic Party and the state’s quirky method of awarding primary election delegates, steps into the breach and mutters, wild eyed, “Hold my beer.”

For my entire life, Iowa has been the “first in the nation” to express their choice in the primary cycle. It’s a valuable piece of electoral real estate and has always given Iowa an out sized importance during election years.

If the Iowa Democratic Party didn’t single handedly end both the state’s first in the nation role and ye olde caucus method of casting votes, I’ll be amazed. The first story from the heart of primary season is of a party and an entire slate of candidates in disarray. The campaigns and the DNC can’t be happy that the biggest story of the election isn’t an impeached president, but rather a relatively small Midwestern state’s inability to count the 147 people or so who live there and report back who they caucused for in something like a timely and efficient manner.

It’s the kind of thing that basically writes it’s own Republican ad. It’s not hard to imagine the tens of thousands of mailers coming out of print shops even now asking “If the Democrats can’t be trusted to hold their own caucus in Iowa, how can you trust them to run the federal government.”

Accurate or not, fair or not, reporting on the debacle in Iowa will be red meat for the opposition. The fact that it appears that figuring out how and where Iowa Democrats came flying off the rails is going to take well over 24 hours is just embarrassing… especially when receiving precinct reports and tabulating totals feels like something that could be achieved over the phone using a pretty basic Excel spreadsheet without all that much fuss. It really, really shouldn’t have been a heavy lift.