We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
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Friday, March 21. 2008
The oceans are cooling
I had to look up The Incorporation Doctrine, but I am not sure that I fully understand it
Why does the GOP write off minorities?
What about Newspaper Addiction Disorder? I have heard that some people are upset if it isn't delivered every morning!
Mass Man and Totalitarianism, re Russia. Quoted by Roger K:
Good Friday Reflections
Eloe, Witold Pruszkowski (1892). The Voices of the Dead.A man can no more diminish God's glory by refusing to worship Him than a lunatic can put out the sun by scribbling the word 'darkness' on the walls of his cell.I
Weblog: Liberty Peak Lodge
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"I had to look up The Incorporation Doctrine, but I am not sure that I fully understand it"
I don't either, but I understand at least some of what lies behind it.
The 14th Amendment reads in part, "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The three parts of this sentence are known respectively as the "Privileges and Immunities" clause, the "Due Process" clause, and the "Equal Protection" clause. Reading them in sequence, one would think that the "Privileges and Immunities" clause is the critical one in the Incorporation Doctrine. The rights in the Bill of Rights are clearly "privileges and immunities of citizens of the United States," so no state can abridge them. In the context of the time (post-Civil-War Reconstruction), it's clearly meant to counter the prewar doctrine that the Bill of Rights only limits the federal government, and give blacks some protection against state-level racist laws.
The problem is, in an 1873 case known as the Slaughter-House Cases, the Supreme Court read the Privileges and Immunities clause in a very narrow way that made it almost completely toothless. When the political situation turned around fifty years later and the Court wanted to find a way to bind the states using the Bill of Rights, it had to either overrule Slaughter-House or else find another way to apply the Bill of Rights to the states. For reasons I've never seen explained, it chose the latter. Thus we get Gitlow v. New York (1925), which uses the Due Process clause to "incorporate" certain rights by reasoning that violating those rights is contrary to due process of law. Later "incorporation" cases merely followed the Gitlow precedent.
By choosing this approach, the Supreme Court made two big mistakes. First, it set a precedent for twisting the plain words of the Constitution, which has caused no end of trouble since then. Second, it led to precisely the kind of tangle illustrated in the page you linked, where the justices have to argue over what constitutes due process and whether any specific right is included, and to what degree. An incorporation doctrine based on the Privileges and Immunities clause would be much simpler: all the rights are included, and bind the states to precisely the same degree that they bind the federal government.
Charles Krauthammer is my hero. I never miss Brit so I can hear Krauthammer's take on the crisis du jour. Comparing him with Peggy Noonan creates a serious disconnect. What is wrong with that repulsive woman? She should be writing scripts for "Leave it to Beaver" re-runs. ack.
Krauthhammer is one , if not the , premier mind doing analysis of the events of the day. I to insanely demand a full "focus" time segment (others may do what they wish but just don't interrupt me type thing) in this household for Brit and the panel, especially when the Dr. K is talking.
I like Peggy too but she has no edge left of whatever edge she had when writing speeches for Ronald Reagan, some of which were brilliant...I think 9-11 rocked her psyche and she has become more introspective, whereas people such as myself have grown more bellicose and honed our edge to a sharpness where the blade is fully prepared for blood.
Meta your taste in commentators is excellent. Bravo ..
As a side note I am very proud to have had a tree planted in Israel in the year of my birth and Israel's birth, 1948. It's a part of me, even though I am not Jewish, an honor I cherish.
BHO is smooth and his free pass in the media reflects two things.
First, and most obvious, is the leftist tilt of the MSM.
Second, there is a general lack of critical thinking in both the press and the population at large. How else can you explain it?
Let's see, if I ask my own questions and give my own answers everything will work out? Nice try BHO.
BHO should be required to answer Charles Krauthammer's questions (which are the same questions many of us have).
BHO is anti-corporate, high tax, big government (about $300 billion in new entitlements), and trade protectionist, among other things. Given our current economic condition, his policies will lead the USA to new depths. Let's hope there are enough people awake out there - even though the crop of candidates are the weakest ever.
Hopefully, there are plenty of atypical white folks who can send Hussein to the showers.
Unlike his grandma, black folks just ain't scary atall, me thinks.
"black folks just ain't scary atall, me thinks."
Then you've never been to Compton,CA , or the Watts area of LA...or any number of other metro areas of this country....they're plenty scary given that most, yes most harbor the disdain and hatred for honkey crackers that Jeremiah Wright, Michelle Obama, and hidden away inside, Barak Obama do.
Sweetheart I know y'all missed the bus but try not to step on y'all's drag.
Black folks with weapons in San Fransisco and Oakland during the latter '60's weren't scary atall, nor were they in Compton or Watt's where me have been.
Except, as I recall, they were scary to your heroine, Ronnie Raygun and his fascist machine.
Sorry for y'all, cause y'all just like Hussein's grandma.
Try to enter reality but get rid of the grandma dress first, sweetheart.
Suggest ya read Mr. Nyquist's take on mass man.
"Can you feel the heat?"
I'd peruse Mr Nyquist if you weren't so cryptic and provided a site or other reference.
...and that would be gelid deary .....
Deary, stay focused.
The answers to your questions may oft be found in the context of MF"s post.
I'll help ya to the icee kiosk, this once.
Scroll up page to Friday Links, that's a dear.
Now, scroll down to Mass Man and Totalitarianism, then one more line or two to the green box.
I'll leave ya there to lick the icee.
"Can you feel the heat?"
I didn't realize you were referring to the Nyquist asssociated with writing of Anatoli Golitsyn former KGB master spy who defected to the west and wrote the much discussed book, :New Lies for Old" which spins a tale of the fall of the Soviet Union, the dismantling of the Soviets and the freeing of millions of people as a giant KGB plot to eventually take down the West..that's the Nyquist...ok I'm on board now....I'll look at his new work.
Read the article with some humor given that much of it was stuff I could have written. Perhaps you don't realize that I spent a decade in the CIA, so I recognize the KGB all too well. Interesting article but not much new in it for me.
I am however proud you read the sites Nyquist contributes to, as I believe they usually contain more than a fair share of the truth.
I must say this for your edification. The object here is basically to communicate without the use of a secret decoder ring......you're not , by and large, communicating as you are being cryptic. I guess you have your reasons but it doesn't help you much in making whatever point you're attempting to make.
Marvelous it be, when y'all transfer personalities with in the same thread.
I suppose, three things may be seen when looking into this one's eyes, too.
Do you actually talk this way when conversing with others?
I mean you could give Bill CLinton and Barack Obama lesson in logy language.
But through it all you're a pleasure to have here on the site....sometimes I'm a bit of a grumpy old fart.
I've got the grumpy corner and don't play well with other people's children.
Me daddy says he never talks down to anyone, but he's an ametuer at birlin' with chauvinists.
Should I ever have pleasure to converse with ya, I anticipate reading C and I and A, but would not be disappointed if it ain't so.
Obama's Problem with White Voters American Thinker
For at least the last two generations America's racial policies have been predicated on a near religious belief that increased contact between the races will produce harmony, good feelings and positive relationships. Our experience during this period has been uniformly the opposite. Urban white liberals have fled the public schools by the hundreds of thousands, self-segregation by blacks on university campuses is widespread, resentment in the workplace (by both races) ubiquitous etc. In his Philadelphia speech Obama himself referred -- perhaps the first such reference by a black politician without open contempt -- to the concerns that many white Americans have about blacks.
Chapter and verse on Barak Hussein Obama
What's the reason for the hostility towards Dr X? He is a good sort, even if you disagree with him.
It's not so much Dr X...it could easily be Joe the Plumber...my gripe is people who enable PC, which, unless I grossly misread Dr. X he seemed to be doing by "working" on subduing his desire to tell it straight as he originally sees it. Instead he is working toward an end that would continue to enable PC.
PC and Mass Man go hand in hand and Nyquist article in it's fullness was brilliant in defining Mass Man and his civilization destroying behaviors.
It is wonderful to be a "good sort" for we all enjoy being liked, but the reality is that when a sophistry such as PC produces Mass Men then it is time to set aside any popularity one may desire and fight the PC before it consumes rational thought entirely.
When, in his second paragraph he states:
"Buchanan phoned that one in -- pure PB boilerplate complete with ad hominem (kerner**) and inflammatory language and images. I know that's an inevitable part of the discourse, and I'm guilty of that myself sometimes ( I'm working on it ), but it tends to spread more heat than light , it is an admission that an inevitable part of man's discourse contains images, language that one does not approve of, etc, and that he himself is "working on it", so as to eliminate it....that is a obeisance to PC. (plus it would challenge his characterization of Buchanan using ad hominem attacks and inflammatory language, a sure sign that Dr X is already infected with PC.
I hope this clarifies my position. We don't need people "working on" becoming more PC, unless we choose the path of the Mass Man.
** By Kerner I take it to mean he is referring to the Kerner Report on the 1967 nationwide race riots. http://historymatters.gmu.edu/d/6553/
I suggest it's reading.
I have just reread it and would love for Dr X to point out the ad hominem , inflammatory language (this is another major clue of Dr. X's advanced PC disease) and images. It is obvious that Dr X does not like Pat Buchanan's writings, but to intentionally distort their intent is illustrative when Norquist writes in Mass Man " It is more and more obvious, however, that today’s mass man has lost his instincts, lost sight of what is important, and judges everything from the false assumptions of a false standpoint." or "Subjectivity has cynically declared that objectivity is impossible.", and finally "The mass man is an easily manipulated creature. He is preyed upon by advertisers, snake oil salesmen and quacks of every description. Please allow, dear masses, that you have been the special target of a higher sort of advertisement. You have been targeted. You have been duped." PC is the agent conveying this duplicity. PC delenda est.
The Buchanan piece can be found under the section.. Friday Afternoon Opie Links Norquist Mass Man best found here for a full reading....http://tinyurl.com/2ul37q
My students don't get incorporation either, but when I tell them that they wouldn't be free from unreasonable searches and seizures without it, they start to get the picture!
Incorporation Doctrine came up in context of Heller case where it does not apply.
DC is not a state but is Home Rule government subject to US Congress.