Thursday, 1/22/26

Political Theory

The next two items, though illustrated by our present political circumstances, are intended to make points that will continue to be important in new circumstances.

Integrity matters

The health of the American experiment rests far more on the integrity of any given American president than we realized.

We trusted that presidents would impose accountability on the executive branch. We trusted that presidents wouldn’t abuse their pardon power — or, if they did, then Congress could impeach and convict any offenders. And so we manufactured doctrine after doctrine, year after year, that insulated the executive branch from legal accountability.

It’s hard to overstate how much this web of immunities — combined with the failure of Congress to step up and fulfill its powerful constitutional role — has made the United States vulnerable to authoritarian abuse.

In Federalist No. 51, James Madison wrote some of the most famous words of the American founding. “If men were angels, no government would be necessary,” Madison wrote. “If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place oblige it to control itself.”

David French (shared link)

The Prerogative State

The David French column continues. I broke it in two because I thought it was important, once again, to warn against ever again electing high officials of such low character.

But there’s a specific ramification I hadn’t identified:

[Y]ou can see the emerging dual state in action in Minneapolis right now. In much of the city, life is routine. People create new businesses, enter into contracts, file litigation and make deals as if life were completely normal and the rule of law exists, untainted by our deep political divide.

But if you interact with ICE, suddenly you risk coming up against the full force of the prerogative state. One of the most heartbreaking aspects of the ICE agent’s video of the fatal encounter between Renee Good and ICE is that it’s plain that Good thinks she’s still in the normative state. She has no idea of the peril she’s in.

She seems relaxed. She even seems to have told the agent that she’s not mad at him. In the normative state, your life almost never depends on immediate and unconditional compliance with police commands.

But she wasn’t in the normative state. She had crossed over the border to the prerogative state, and in that state you can be shot dead recklessly, irresponsibly and perhaps even illegally, and no one will pay the price. You might even be rewarded with more than $1 million in donations from friends and allies.

David French (shared link)

Competing, revealing, metaphors

In February … I spoke at a gathering of conservatives in London called the Alliance for Responsible Citizenship …

As the conference went on, I noticed a contest of metaphors. The true conservatives used metaphors of growth or spiritual recovery. Society is an organism that needs healing, or it is a social fabric that needs to be rewoven. A poet named Joshua Luke Smith said we needed to be the seeds of regrowth, to plant the trees for future generations. His incantation was beatitudinal: “Remember the poor. Remember the poor.”

But others relied on military metaphors. We are in the midst of civilizational war. “They”—the wokesters, the radical Muslims, the left—are destroying our culture. There were allusions to the final epochal battles in The Lord of the Rings. The implication was that Sauron is leading his Orc hordes to destroy us. We are the heroic remnant. We must crush or be crushed.

The warriors tend to think people like me are soft and naive. I tend to think they are catastrophizing narcissists. When I look at Trump acolytes, I see a swarm of Neville Chamberlains who think they’re Winston Churchill.

David Brooks, I Should Have Seen This Coming, April, 2025.

Occasionally, I achieve a complete mind-meld with Brooks. This was one of those times, at least for the first third of his article; after that, he notes some things that I hadn’t noticed until he pointed them out.

Sanctuary City primer

So-called “sanctuary cities” and “sanctuary states” choose not to assist the federal government in finding or deporting illegal aliens, and they have a constitutional right to make that choice.

What does noncooperation look like on the ground? A flash point involves immigration detainer orders, which call on state and local law enforcement agents to transfer into ICE custody illegal aliens who are about to be released from state custody.

…

The administration says that Minnesota is refusing to honor ICE detainers and has released hundreds of illegal aliens “onto the streets” instead of turning them over to ICE. Minnesota denies this accusation and insists that it’s honoring all immigration detainers.

Whichever side is correct, federal courts have held that ICE detainers issued to state agencies are “requests,” not “orders.” …

…

The federal government does have a mechanism for getting states and cities to voluntarily do what they can’t be forced to do. It’s called money. Congress could deny states or cities certain funds unless they abolish their sanctuary policies. There are limits to this strategy: Washington can’t shut off unrelated funds that states or cities need to keep functioning. But immigrant-related federal funding—for example, money devoted to sheltering new, legal immigrants—could presumably be denied to states and cities that maintain sanctuary policies.

On Tuesday, President Donald Trump declared that after February 1, “We are not making any payments to sanctuary cities or states having sanctuary cities.” But while Congress could condition state and local funding on cooperation with ICE, the president’s powers are more limited. Trump has tried this strategy before. Both in his first term and second, he issued executive orders calling for sanctuary states and cities to be denied federal monies. Except in narrow circumstances, courts have not been receptive, holding that without congressional approval, the president could not unilaterally deny states money that Congress had already appropriated for them.

Jed Rubenfeld

The name “Sanctuary City” has always struck me as a bit preening, but the principle that that cities and states are not (normally, though if there are exceptions, I can’t think of one) obliged to assist in enforcement of federal law or in advancement of federal priorities. A non-immigration example is marijuana legalization by the states, whereas marijuana remains illegal in national law. If and when the DEA comes to bust up a dispensary, local officials presumably won’t help, but the principle doesn’t allow them to interfere, either.

Of being a conservative radio talk-show host back in the day

So for years, when someone sent me something that was a conspiracy theory, or false, or just misleading or unfair, I would be able to push back and say “this is not true; there are not bodies stacked up in the Clinton warehouses; no this is not happening over here,” and people would say “thank you, Charlie for setting me straight” …

[I]n 2015 and 2016, what I found, very gradually but very forcefully, was that it became harder and harder to push back; it became harder and harder to give them any information that would change their mind.

And that’s when I realized that we had been too successful, that we had destroyed all the immune system to false information, to this kind of propaganda. And this was kind of an “Oh, shit!” moment for me.

Charlie Sykes, interviewed by Andrew Sullivan.

Morality, Law and Religion

The public should be absolutely concerned about whether a nominee for judicial office will be willing and able to set aside personal preferences. That’s not a challenge just for religious people. That’s a challenge for everyone.

Amy Coney Barrett (italics added)

Pet peeve: The idea that “separation of church and state” requires religious public officials and employees to set aside their religious beliefs when conducting public business. The tacit message in that is either that (1) morality and law are completely separate or (2) that religion is inherently irrational whereas other moral beliefs are not. In truth, there is no neutral, preference‑free judicial standpoint, and the available standpoints all are larded with moral intuitions that either can be accused of irrationality.

Yes, I have advocated in public meetings where I wished that others on “my side” would shut up if all they had to contribute was dubiously-applicable Bible proof-texts. But those kinds of folks never get nominated for any federal bench, and they’d be eaten alive if they were.

Consequences

The yield spread between three-month Treasury bills and 10-year bonds has widened by some 0.6 percentage points since early November. “The Fed may want lower interest rates, but the market ain’t buying it,” said Willian Adler, an Elliott Wave technical analyst.

He warns that the conditions are in place for a serious sell-off across risk assets. It could be similar to the bond rout that spooked Trump after the “liberation day” tariffs.

This rising spread may simply reflect fears of resurgent inflation as front-loaded stimulus from the “one big beautiful bill” juices the economy over the coming months, with the risk of full-blown overheating if Trump hands out $2,000 a head as a pre-electoral bribe.

But it may also be the first sign that America is starting to pay a price for the collapse of political credibility.

(Telegraph UK via John Ellis)

Unpopular opinions

I keep a private list of my truly unpopular opinions – opinions so far outside the Overton Window that I could lose friends if I voiced them.

I review and supplement the list occasionally, but never before have I decided that something doesn’t belong on the list any more (or maybe never belonged on it in the first place). This one probably never belonged on the list:

1. Subsidies for pro sports, including stadium construction, are damnable boondoggles. I would vote against every one of them until the franchise-owning billionaires ran me out of office.

While I’m at it, these too can come off the list:

2. Abolitions I supported that may well have hurt America:

The military draft Politicians who have anything to do with war policy should have skin in the game, even if it’s the skin of their descendants.
The Fairness Doctrine. We opened Pandora’s box before cable TV and the internet obliterated it. I don’t see a way back to sanity through reinstating the policy.

While I’m on a roll, here’s one that’s never been on the list:

3. The states should stop running primary elections. Neither major party is worth the powder to blow it up. Let them run their own elections or go back to “smoke-filled rooms” (which incidentally yielded better candidates than crackpot “base voters” have been yielding).

Logic mincing

Q: Which is better: a ham sandwich or complete happiness in life?
A: A ham sandwich, of course! Nothing is better than complete happiness in life and a ham sandwich is better than nothing.

Something must be done!
This is something.
This must be done!

Shorts

No one is really working for peace unless he is working primarily for the restoration of wisdom. The assertion that “foul is useful and fair is not“ is the antithesis of wisdom. (E.F. Shumacher) Small Is Beautiful is a classic for good reason.
The national emergency is avoiding a national emergency. (Treasury Secretary Scott Bessent, citing the president’s authority to impose tariffs in an economic emergency, arguing that America’s supposed need to control Greenland is a national emergency.)
The health of the American experiment rests far more on the integrity of any given American president than we realized. (David French)
The pervasiveness of legal sports gambling can make an undefeated season and a 6-point victory in the national championship game feel like a loss if “the margin” was 7.5. (Moi)
At some point, we’ll reach the bottom of this dystopian populist abomination, but no one thinks we’re there yet, do they? (Nick Catoggio)
“The Trump Denmark letter is his Biden debate moment,” one Twitter user claimed.
Donald Trump is a peacock among the dull buzzards of American politics. (Martin Gurri, The Revolt of the Public and the Crisis of Authority in the New Millennium).
A clown with a flame thrower still has a flamethrower. (Charlie Sykes to Andrew Sullivan)
When you light a candle, you also cast a shadow. (Ursula K. Le Guin)
TikTok is still a danger. America no longer cares.
The souvenir is a fetish object that substitutes for the finite experience of the destination. (William T. Cavanaugh, The Uses of Idolatry)

Elsewhere in Tipsyworld

A devil is no less a devil if the lie he tells flatters you and stands to help you defeat your enemies and achieve power.

Rod Dreher

I don’t do any of the major social media, but I have two sub-domains of the domain you’re currently reading: (a) You can read most of my reflexive stuff, especially political here. (b) I also post some things on my favorite no-algorithm social medium.