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Richard Epstein & Federalist Society Panel on Direct Democracy

Government of the People, by the People, and for the People?

The second Showcase Panel at the the Federalist Society’s 2010 National Lawyers Convention. November 19, 2010.

Prof. Epstein, as usual, has some thoughts on practicalities. (He’s wrong about the V-N War, though. What can I say, he’s a nice Jewish boy from Brooklyn. And among other things he did time at Berkeley.)

Very interesting discussion, and the gentlemen all are. :>)

From the description:

Direct democracy is feasible today to an extent that it was not feasible in 1787. Does that change the calculus in choosing between direct democracy and representation? What lessons, positive or negative, can be learned from the state experience with initiatives and referenda? Should Congress set up a system of national initiatives and referenda? Can Congress delegate its legislative power to the American people without violating the nondelegation doctrine? Should national initiatives and referenda be binding or merely advisory? Would it be acceptable for a national referendum to alter a law so as to effectively reverse a Supreme Court decision? Should the health care law be subject to such a referendum? Should increases in the national debt or in taxes be subject to voter approval?

In order of appearance:

Steven G. Calabresi — Moderator (Introduction, 6:32)

Panelists, speaking roughly 15 min. each:

William N. Eskridge, Jr. — Yale
Richard A. Epstein (at ~19:40) — NYU, U. of Chicago
Robert D. Cooter — Berkeley
Thomas W. Merrill — Columbia

Then the moderator puts a few questions, and finally there’s Q&A from the audience.

Barque to the Future…

This is USS Zumwalt…

Just launched at a cost of umpty billions. Now I know aeroplanes and bugger all about ships but does that not look rather similar to a US Civil War ironclad to you? Like this…

The Zumwalt class is designed to have the radar sig of a fishing smack. I guess you might get much the same from the CSS Albermarle not, obviously, that it was an issue at the time. It is possible (and the USN has been ickling on about railguns for some time and a planning sea trials in 2016 which is when the Zumwalt is due to enter service. So clearly looks may deceive and it might look the same but be bigger on the inside so to speak.)

So… It’s kinda odd but for completely different reasons the naval architects have gone back to the future. Either that or the Confederacy had some unknown naval genius beavering away and designing a low radar-return ship almost a century before radar.

But, and this is a biggy for me. Now it might sound nit-picking but how the heck is that a destroyer? It displaces 15,000 tons, it is 610ft long. That is a cruiser at least. Surely. Is this some bizarre ruse to get the funding past Congress? Because the Zumwalt class is essentially designed as a 1-1 replacement for the Iowa class battleships.

That is a broadside from an Iowa class (Actually BB61 USS Iowa). Those are 16″ guns. Who needs railguns when you can hurl a shell the mass of a VW for a couple of dozen miles. I’d be much more impressed by railguns on the Zumwalt if it was nuclear powered and therefore had practically unlimited electricity. Hell’s teeth I’d be going for a fully nuclear navy! No need for oilers and fill ‘er up every 25 years! You’d buy a car that did that. Especially if it had a railgun. It has to be noted though that we won the Cold War partly (thank you Ronnie!) with recommissioned Iowa class battleships and the off-key caterwauling of skanty-clad songstresses. I dunno which scared the Kremlin most. But they are very big guns indeed and Cher is wearing very little indeed. That was the ’80s and that is how we won. Hard and soft pressure. Ronnie and MTV – an unstoppable alliance.

I mean can you imagine how dull communism must have been?

Yeah, and inevitably here’s the video…

http://www.youtube.com/watch?v=5G4O5AMSevc

Yeah, I liked the ’80s. We seemed to be going somewhere and that dear reader is a guilty pleasure from the era. But that’s one hell of a ship whatever you think of Cher.

And if we had another Ronnie then Vlad would be hiding under a table in the Kremlin with stained trews. And if we could take out Comrade Kim and the Ayatollahs and dear old Bob and… I can dream. But that video speaks to me of serious belief in our moral, social, military and economic might. We believed it then. That is why I liked the ’80s.

PS. The Iowa class were designed to be Panamax. They had 18″ wiggle room so never again complain about parking in TESCO.

PPS. This has been edited by moi. This fecking Toshiba is at the very end of the tether.

Prof. David Bernstein discusses the 1905 Supreme Court case “Lochner vs. New York”

Prof. David Bernstein of George Mason Univ. published in 2011 his book Rehabilitating Lochner. So vass ist ziss case Lochner, anyvay?

The Foot of All Knowledge explains:

Lochner v. New York, 198 U.S. 45 (1905), was a landmark United States Supreme Court case that held that “liberty of contract” was implicit in the Due Process Clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the number of hours that a baker could work each week to 60. By a 5–4 vote, the Supreme Court rejected the argument that the law was necessary to protect the health of bakers, deciding it was a labor law attempting to regulate the terms of employment, and calling it an “unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract.”

Lochner is one of the most controversial decisions in the Supreme Court’s history….[SNIP]

…and has until recently enjoyed a lousy reputation among the right-thinking (that is, the librul-Progressive, which is to say, not at all right-thinking) legal professoriate.

Professor Bernstein, along with Profs. Randy Barnett and Richard Epstein (as we inferred from his remarks in his last appearance on CCiZ) disagree on that, stout fellows that they are. They talk about legal esoterica such as Freedom of Contract and other stuff that is not for the tender and innocent ears of the Elite (or of various Union leaders or members and their legbreakers and enforcers).

David Bernstein is one of the contributors to Prof. Eugene Volokh’s law weblog The Volokh Conspiracy. (The Volokh Archives going back to 2002 are now found here.) Interviewer Josh Blackman is also an attorney and an Assistant Law Professor at the U. of South Texas. You can read his short summary of the interview at his website. You can also download the interview as a podcast there, watch the video there, click on over to Vimeo and watch it or download it as an mp4 there, or stay here and listen to the audio.

Epstein Thrashes Rubenfeld on Natural Law; Panel on Redistribution of Wealth

I would swear that I saw, for the first time ever, outright anger in Prof. Epstein’s face the first time I watched this clip. Never mind, you can hear it in his voice as he gives Yale Law School’s Prof. Jed Rubenfeld a concise and pithy jolly what-for for a**-hattery.

This is the final 5:48 of a panel discussion described as below. The whole thing is quite interesting. Steve Forbes also seems to have some understanding of what’s what. Andy Stern of the infamous SEIU brings along his flag and his violin. And the odious Prof Rubenfeld is…well, odious. Although his question in Part 11 is one we all get asked a lot, and I’m glad to have Prof. E.’s response.

Best part first. The series begins with Part 1, below Part 11 here. I think you can just click through the segments from there.

–J.

Uploaded on Nov 17, 2009

The Federalist Society presented this panel discussion on Redistribution of Wealth at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Panelists included Prof. Richard A. Epstein of New York University Law School; Mr. Steve Forbes, Chairman and CEO of Forbes Inc. and Editor of Forbes Magazine; Prof. Jed Rubenfeld of Yale Law School; Mr. Andrew L. Stern, President of the Service Employees International Union; and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit as the moderator. Part 11 of 11

The whole thing is very much worth seeing, highly recommended, and be sure you have your kidney basin at the ready for Prof. Rubenfeld’s first appearance:

Obama and Putin: Playing the Same Game

The War of the Community Organizers. Mr. Greenfield explains that both of them need their enemies, in order to ensure their power.

Obama and Putin: Two Totalitarians, One Game
March 27, 2014 by Daniel Greenfield
86 Comments

[ ... ]

Every time a battle is won and an election ends, a new source of social conflict is dug up and deployed for war.

As a domestic radical, divisiveness is his natural weapon. Obama plays on fragmented identities, assembling coalitions to wage war against some phantom white heteronormative patriarchy consisting of a middle class barely able to pay its bills.

[ ... ]

[Obama's coalition] needs an enemy to give it meaning. Without a common enemy it will tear itself apart and die.

The same is true of the anti-American coalition that Putin has cobbled together out of Marxist dictators in Latin America, Shiite fanatics in Iran, a North Korean prep school grad who starves his people to build nukes and radical American leftists convinced that every war is a CIA conspiracy. Like allying the NAACP, AFL-CIO and GLAAD; it’s an odd conclave, but as long as everyone focuses on a common foe, they can all be herded in the right direction.

Obama is an adequate national community organizer, but Putin is a global community organizer.

It’s not just that Obama is weak and inept, but he’s using a rulebook that Moscow is entirely familiar with because its men helped write it. The KGB vets running the show understand Obama intimately because they understood his mentors. The tactics that Obama and his people imagine are clever and innovative are minor examples of the tactics that the USSR was using abroad before he was even born.

Obama isn’t isolating Putin. Putin is isolating Obama. He’s doing it in the same way that Obama did it to Republicans.

Anti-Americanism has nothing to with America. Anti-Americanism creates a phantom enemy.

[ ... ]

Obama needs a Republican enemy to keep his people in line. Putin needs an American enemy to keep his people in line. If Obama understood this, he would also understand that Putin is as likely to work with him to defuse the conflict, as Obama would with John Boehner.

Putin and Obama are both deeply corrupt men whose former popularity has waned and are badly in need of distractions.

[ ... ]

Obama thinks globally and acts locally. Putin thinks locally and acts globally.

Putin is determined to score points from the post-American transition. Reducing American power and influence worldwide was a move that the foreign policy left believed would defuse tensions. Instead it has turned into a gold rush for every petty tyrant and terrorist eager to count coup by humiliating the United States.

Obama wanted a peaceful post-American transition. Instead he’s getting worldwide chaos and war.

Putin seeks out a conflict with the United States for the same reason that Obama seeks one out with Republicans….

[...SNIP...]

Bill Clinton is right – the U.N. will prove to be a lot worse than the NSA.

Bill Clinton may be a crook (well forget the “may be” – he is a crook), but that does not mean he is not right – indeed it gives him an insight into corrupt minds. And not being in the service of a political ideology (being an “honest thief” rather than a “bitch” [a servant of the Soviets] – in the language of GULAG) he has no reason not to say what it is going on.

We now see what the Edward Snowden thing was really about (as well as giving the FSB some tips in the cyber war – stuff they most likely guessed at anyway). It was about discrediting United States control of the internet – thus giving Mr Obama an excuse to do what he always wanted to do. Hand over control of the internet to the United Nations international telecommunications union (read Russia, China and the Islamic powers). The NSA just wants to know what you are saying – the new masters of the internet (with no pesky First Amendment) will want to stop you saying it.

Was Mr Snowden just a useful idiot – or an FSB agent all along? I do not know – but the censorship of the internet (not practical under American control of the internet) is now a real possibility. Barack Obama may get his dream (control of speech – by P.C. doctrine) by the back door of the “international community”.

The young people (the ones who nod their heads at the “libertarians” on Mr Putin’s “Russia Today” television station) will not (yet) believe me. But the NSA (and yes the CIA also – people such as Mike Baker who risked his life so many times for young people who think he is a “Fascist”) were not the enemy (they never were). They (the NSA and the CIA) were not out to censor you. It is your “saviours” (the people you hero worship) who want to censor you.

“We are techno people, no censorship will work on us” – oh you silly people, that is not what censorship is about. Censorship is about the average person not seeing something.

Quids…

The Daily Fail just has to say this. OK, it’s bimetallic but that is it. It doesn’t really look like the Euro. More to the point if we are introducing a new coin design does that not imply a commitment to Sterling? I don’t want the Euro. Guess why? Euro notes are OK. Euro Coins are very difficult to distinguish and God alone knows what they make ‘em from but after a couple of years they look tatty as Hell. Look, I can get myself around say US coinage, or Czech or Polish or British but Euros don’t float my boat. OK, so like the Euro coin it’s bimetallic but so is the GBP2 coin which I rather like. “Standing on the shoulders of giants” and all that caper. But dear me! The Euro cents I handled in Amsterdam recently just looked rough – like they came from one of those toy tills. They looked like they had been through a Belgian. Or an Alsation. Something of that kidney. They all look the bloody same yet different. Having different national images is a pain because whereas we have instantly identifiable symbols whereas having a variety of national symbols on the reverse you don’t bloody know – I mean you know if it is German* or French but it isn’t obvious if it is 10c or 20c. It identifies where the coin came from but not what it is worth. Having them all the same colour is a hyper-pain too. The notes work. The coinage doesn’t. And it looks shonky. It doesn’t look like the Euro my dear Fail. It looks nothing like it. I think it looks quite nice. Although by 2017 I bet it won’t buy a Coke but that is another matter. And there is also too many. I like the US system (I know they have other coins) but largely it’s 1,5,10,25 and that is your small onion. Works. OK, the fact that the nickel is bigger than the dime always annoyed me but nothing to the Euro. I also liked the dollar bill. I, being a Brit, am just not used to holding a wad of foldable. I felt like a movie star though in truth I had about enough to go to Wendy’s for a burger. The smallest paper you get here is a fiver which is worth roughly USD8.30**.

But, let’s get back to the score. The pound coin is not being scrapped. The Fail is mongering the scares. It is being replaced. Fair enough. It still has her Britannic Majesty’s head on it. It looks fuck all like a Euro. I quite like it.

*The German one has Norman Foster’s “Friendly Eagle” on it. You know the one that doesn’t invade Poland. And let us all be grateful for that. Because the last time that happened…

**So I say to my wife. “That’s good – can we go to the USA”. Problemo. Myt wife is a translator and is often paid in USD so that isn’t good. Swings and bloody roundabouts. You simply can’t win. You can run but if you do so you’ll only die tired.

Richard A. Epstein: When, How Should Courts Override Legislatures?

Please, do not miss this 1:26:33 of Prof. Epstein’s inimitable and marvellous discourse. Indescribably educational, and, of course, fascinating; and this one is particularly wide-ranging. My quibble-quotient here is tiny and is swamped by the education effect. The UT description:

Published on May 21, 2012

Richard A. Epstein, legal scholar and author, visits the Dole Institute to discuss courts grounds to invalidate the constitution.

Filmed on October 19, 2006 at the Dole Institute of Politics.

Craftsman of the Century: Louis Chenot and His Duesenberg

Louis Chenot

THOUGH Louis Chenot of Carl Junction, Missouri has produced several outstanding projects over the years, his finest effort to date is his recently completed 1:6 scale 1932 Dusenberg SJ. Some say this may be the finest and most complete model automobile ever built. Correct down to the smallest detail, even the tiny straight eight, 32-valve engine runs. Due to the significance of this achievement, the Joe Martin Foundation’s Metalworking Craftsman of the Year award has been renamed ‘Metalworking Craftsman of the Decade’ this year in Lou’s honour. Lou is the 15th person to receive the annual award, which was first presented in 1997. The award includes an engraved medallion and a cheque for $2000.00 that will be presented at the North American Model Engineering Society Expo in Southgate. The public is invited to see Lou and the Duesenberg at the show April 30 – May 1, 2011.

About Louis Chenot

Lou spent his 40-year working career as a mechanical engineer, with the last ten years as Director of Engineering for Leggett & Platt Corporation Automotive Group. He has restored full-size vintage cars including a 1930 Cadillac Convertible in the 1960s that was shown on the classic car circuit for years.

[SNIP of much more information. Here are some of the photos:]

And here are sme of the photos of the project with explanations, some the same, some different, from another site:

Inside the straight eight engine are all the correct parts custom machined to scale from steel, cast iron and aluminum. Here we see the block and crankshaft at the top. Arrayed below the block are the cast iron cylinder sleeves, pistons, wrist pins and assembled connecting rods.

Here is the engine removed from the model and sitting on its test stand. The transmission is in the foreground. Most running models are built at larger scales like 1/3 or 1/4. Working in the smaller 1/6 scale magnifies the problems caused by miniaturizing certain parts. Remember that scale parts are 1/6 as long, 1/6 as high and 1/6 as deep as real parts, making them 1/6 x 1/6 x 1/6 or 1/216th of the volume of the original part. Further complicating the prospect of building a running engine at that size is the fact that fuel molecules and electricity don’t scale. It is very difficult to get tiny carburetors and little spark plugs to work like the big ones. A video of Lou starting and running the engine for the first time can be seen at http://videos2view.net/Duesenberg-run.htm .

This is the dashboard and interior with the body primed but not yet painted.
Note the detailed instruments and engine-turned finish on the dash.

And more at this second site …. Enjoy!

Fightback

The benefits to be gained from operating within a strong federal system.

Maryland has almost become a political subdivision of the NSA,” Tenth Amendment Center Executive Director Michael Boldin said in a statement. “The agency relies heavily on state and local help. This bill bans all of it.”

House Bill 1074 (HB1074) would ban the NSA facility from all public state utilities, ban the use of NSA collected evidence in court, ban universities from partnering with the NSA and ban all political subdivisions from assisting the NSA from within the state.

Any state entity, employee or contractor refusing to comply with the law would be immediately fired and banned from all future contracts within the state.

How the final paragraph punishing independent contractors can be reconciled with a belief in free association is somewhat moot, but otherwise the state is free to disallow all state owned and financed bodies from associating with or supporting the NSA as it sees fit.

4th Amendment

The rule of law operates only so far as those with political power submit themselves to it.

Defend the 4th.

H/T Catallaxy Files

Geraldo loses it

A Mrs. Powel of Philadelphia asked Benjamin Franklin, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation whatsoever, Franklin responded, “A republic, if you can keep it.”

WOW!!

Geraldo criticises Bill O’Reilly for  deminimising (wot?) Barack Obama.

For those outside the US who don’t, on the whole, watch that Superbowl thingie…

So the web site wasn’t tested before launch? Really?

He pretty much admits this? Really?

Obamacare, Benghazi, IRS

The Affordable Cell Phone Care Act

I do not apologize for withholding from you dear feline Zanzibarians the treat of beholding yet again His Face, even though for once it bears a relatively pleasant expression. You will see it anyway if, as I recommend, you follow the link to the whole column. :)

The Affordable Cell Phone Care Act
by EDWARD CLINE February 4, 2014

Groucho Marx had many great monologues and spiels, but this is one of his finest:

“The nickel today is not what it was fifteen years ago. Do you know what this country needs today?…A seven-cent nickel. Yessiree, we’ve been using the five-cent nickel in this country since 1492. Now that’s pretty near a hundred years’ daylight saving. Now, why not give the seven-cent nickel a chance? If that works out, next year we could have an eight-cent nickel. Think what that would mean. You could go to a newsstand, buy a three-cent newspaper and get the same nickel back again. One nickel carefully used would last a family a lifetime.”

Note the absurd application of a Keynesian Money Multiplier effect, where inflation allows a carefully spent nickel to last a lifetime. Of course, the gentleman falls for the muddled logic and obfuscation, responding, “Captain Spaulding, I think that is a wonderful idea.”

[ ... ]

Never say “Impossible.”

34 sec., in, out, done!

PS. One commenter’s observation, not too far down the page, elicits a discussion worth noting:

Peggy Larson
1 month ago

Please check the collar on that kitten. Often owners don’t loosen collars as the kitten grows and it strangles them. See this a lot in my vet clinic.

T. Friedman, B. Bernanke, the IPCC, and … Rand Paul:

What do they have in common?

Go here to find out.

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