Wednesday, 8/24/22

Are all the laws but one to go unexecuted, and the Government itself go to pieces …?

On January 6, 2021, from a parking garage under the Capitol Visitor Center, then–Vice President Mike Pence ordered the military to defend the Capitol against a violent insurrection. According to a taped deposition of General Mark Milley, the chairman of the Joint Chiefs of Staff, Pence “issued very explicit, very direct, unambiguous orders” to him and Secretary of Defense Christopher Miller: “Get the military down here. Get the Guard here. Put down this situation.”

In ordinary circumstances, Pence’s actions would be unconstitutional. Indeed, a vice president who usurped the president’s constitutional authority, and the Cabinet and military officers who followed his orders, could be committing an impeachable offense. …

Jefferson also insisted, the officer who exercises emergency power must justify his actions to “his fellow citizens generally.” For Jefferson, “the good officer” must throw “himself on the justice of his country and the rectitude of his motives.”

From his title (Mike Pence Owes the Country an Explanation) and the first paragraph, I easily figured out where George Thomas was headed and why: he wants Pence to say he perceived an emergency if only because Donald Trump was failing to put down the rump insurrection.

What I didn’t expect was that he would bring Jefferson and Lincoln into it and would persuade me of his case — and by inference to repent of my former judgment on Lincoln for his ultra vires acts.

Yup, the world is messy sometimes. This once was one of my favorite quotes, in part because it challenged my purity fetish:

Purity … is not the one thing needful; and it is better that a life should contract many a dirt-mark, than forfeit usefulness in its efforts to remain unspotted.

William James, Varieties of Religious Experience Lectures 14 and 15, via here.

Sorting out a jumble

[W]e have no ideal path forward. We’re damned if Attorney General Merrick Garland goes forward with a Trump prosecution and damned if Garland holds off. But the latter path should nonetheless be treated as a viable Plan B because it permits the Democrats to continue beating Trump in the political arena by the widest possible margin. That involves all kinds of risks as well, but it’s less risky than the legal option.

Damon Linker, summarizing the case against prosecution that he’s been trying to make.

More:

  • To use the full powers of federal law enforcement during a Democratic administration to indict, try, convict, and punish this man would drive large numbers of Republicans even further into Trump’s arms …
  • The goal should be his political defeat—turning him into a loser in the court of public opinion—not using an extra-political workaround to try and exile him from political competition. If you think making Hitler and Chamberlain analogies clarifies these issues, good for you. I think it’s pretty idiotic.
  • For the sake of argument, I’ve been happy to concede the point and assume Trump is guilty of … something. But is it true? [] After reading a highly illuminating exchange between widely respected legal scholar Jack Goldsmith and journalist Josh Marshall, I’m honestly not sure.
  • Could it be that all of the sound and fury I’ve seen online from the left about the imperative of punishing Trump’s self-evident criminality is based on nothing more than a feeling, a conviction, a moral certainty that he simply must be guilty of something? If so, that would be a further sign that loathing for the former president is a fundamentally political impulse, not a legal one.

Maybe I’ll take a position on “prosecute or nolle prosequi” when someone convincingly shows that Trump committed an actual crime, and that prosecution will be a slam-dunk. Considering the proportion of Trumpists in the land, I’m not sure you’ll ever impanel a jury without one or with one that will vote to convict.

Why colleges are failing

The present model of colleges and universities is failing, for in the first place they have forgotten or even turned against their original mission; in the second, they have picked up a whole lot of unrelated sidelines, none of which they do very well, such as universal job certification; and in the third, the public is beginning to catch on that they cost far too much, and that other institutions can usually do each of these sidelines better.  Barring root and branch reform – for which we must never give up hope — it’s entirely possible that in the not-so-distant future, serious humanities teaching will have to migrate to other settings than colleges and universities.

J Budziszewski

Detritus

In a nutshell

Democracy disconnected from liberalism will not protect diversity, because majorities will use their power to repress minorities.

Francis Fukuyama, Liberalism and Its Discontents

Be careful what you ask for …

History is a prankster. You order a Gray Champion, and cosmic room service sends up a casino developer and New York real estate mogul with a laughable hairdo…

James Howard Kunstler, Living in the Long Emergency

How low can we go?

Hillary Clinton versus Donald Trump seemed like some kind of nadir, but the Florida panhandle is showing that we can go even lower: Matt Gaetz versus Rebekah Jones

Institutions trumping instinct

But it is in fact individualism and not sociability that developed over the course of human history. That individualism seems today like a solid core of our economic and political behavior is only because we have developed institutions that override our more naturally communal instincts.

Francis Fukuyama, The Origins of Political Order

One thing leads to another …

I was good at menial jobs like parking cars but went into radio because it was Minnesota and vacuum tubes give off heat. It was public radio where all the announcers sound like Methodist ministers except not as friendly and there is no Jesus, and I distinguished myself by telling jokes and stem-winding stories about a small town. People liked it; go figure.

Garrison Keillor

American exceptionalism plus

It’s American exceptionalism but goes beyond that. It says that we are the next version of Israel from the Old Testament, that we are God’s chosen nation, and that is a special covenant — a two-way agreement with God. We can’t break it, and if we do, what happened to Israel will happen to us: We will be overrun by whatever the next Babylon is, taken into captivity, and He will remove His blessing from us.

Zack Stanton, It’s Time to Talk About Violent Christian Extremism – POLITICO

Maybe a bit harsh

I would rather have gonorrhea than a record of passionate and convinced #MAGA tweeting.

Graeme Wood, What to Do With Trumpists – The Atlantic.

Maybe a bit harsh, but then it’s dated 1/19/21, the day before Joe Biden officially became President despite Trump’s lawless efforts to retain the Presidency.


[S]ubordinating truth to politics is a game which tyrants and bullies always win.

Jonathan Rauch, The Constitution of Knowledge

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Wednesday, 7/27/22

The WEIRD West

In one analysis involving similar samples from fifty countries, the top twenty countries scoring highest on the individualism index included all the Western countries except Portugal plus Israel.

Samuel P. Huntington, The Clash of Civilizations

Timely perspective

While it is true that the prenatal child should not be punished for the horrific behavior of her biological father, it is not clear that a woman who has been raped has the same obligation to aid a fetus as someone who has had consensual sex. That this question has not been given more thoughtful consideration within the public leadership of many “pro-life” communities is just the latest example of our culture’s refusing to take sexual violence against women seriously. Not least because nearly one in five women can expect to be victims of some kind of sexual violence during their lifetimes, we must be willing to have new and difficult conversations about abortion in these cases.

Charles C. Camosy, Beyond the Abortion Wars

We can know more than we can tell

Polanyi recognized how disastrous this view of knowledge really is. He already had an inchoate–or, tacit–sense that this was wrong by 1916. He had published a paper called “Absorption of Gases by a Solid Non-Volatile Absorbent,” which would become his dissertation. He submitted it to a chemist at the University of Budapest. The exchange between the two of them provides a clue.

Polanyi remembers that the professor studied his work and then asked him to explain a curious point in the paper. Polanyi’s result seemed to be correct, but the way he arrived at his result was faulty. Polanyi writes, “Admitting my mistake I said that surely one first draws one’s conclusions and then puts their derivations right. The professor just stared at me.”

There is a hint here of what would become Polanyi’s most famous phrase: “We can know more than we can tell.”

Perhaps it is becoming clear now how the modernist default setting for how knowledge works is incompatible with the way we actually know and live. If real knowledge is only factoids that we can put into sentences, then how do we ever really begin to know? How can this explain the way we operate productively in the world around us?

Finally, if Polanyi is right, then the idea of a neutral, unbiased, objective, a-religious public square needs to be discarded.

Michael Polanyi: Epistemological Therapist for a Secular Age

Republican dreams, Sugar Daddy investments

Until about five minutes ago, Mick McGuire was The Republican Dream, and, in the pre-Trump era, it would have been him versus Brnovich, the party man, and, this being Arizona, McGuire probably would have won.

But McGuire is polling in the single digits. In the early July poll, he was 19 points behind [Blake] Masters.

McGuire will tell you it’s all about the moolah. “The whole game has become a money game,” he told me. “The media is for sale, endorsements are for sale.” But, really, it was because McGuire hadn’t tapped into the Republican zeitgeist right now. He wasn’t a good investment. If he were, another billionaire sugar daddy would have materialized.

Crisp, full of snappy bullet points, Masters came across as a little studied, which he was. And he wore a jacket and tie, which made him look like he wanted the job too much. He wasn’t a man of the people as much as a man applying to be a man of the people.

Peter Savodnik, Blake Masters Wants to Be Trump 2.0


“The Frenchman works until he can play. The American works until he can’t play; and then thanks the devil, his master, that he is donkey enough to die in harness ….” (G.K. Chesterton)

You can read most of my more impromptu stuff here (cathartic venting) and here (the only social medium I frequent, because people there are quirky, pleasant and real). Both should work in your RSS aggregator, like Feedly or Reeder, should you want to make a habit of it.

Endings … and religious beginnings

All The Presidents’ Lawyers is no more

Josh Barro and Ken White are ending one of my favorite legal podcasts, All The President’s Lawyers, loosely based on the premise that "all Presidents have legal problems, but some [read: Donald Trump] have more than others."

The podcast, I admit, was getting more than a bit repetitive if one was looking to learn about how the law operates, but it had turned into sort of a serial low-key comedy routine, with stock questions and caricatures like

  • Ken, is this RICO?
  • Ken, is Michael Avenatti a good lawyer?
  • … thumb-headed henchman Lev Parnus …
  • And just "Roger Stone," with no adjective needed,

that I found amusing.

The occasion of ending the podcast, though, is that Barro is leaving KCRW, the public radio station sponsoring ATPL. Since I don’t like being a freeloadeder, I once or twice sent KCRW a financial token of appreciation for ATPL and for a second Josh Barro podcast, Left, Right and Center (to which I ceased listening a while back). It will be interesting to see how long it takes for the emails and letters from KCRW to cease, since I now have no reason to send it money. If the mailings from the National Right to Work Committee to my dead father (who had a pretty good reason for disliking labor unions; I, in contrast, think we could stand to see their renewed vigor) for years after his death are any indication, it may be a long time.

Barro and White are concocting some kind of new podcast independent of KCRW, and I look forward to giving it at try.

Individualism is not the solution

Tocqueville, unlike so many of his current conservative and progressive readers, understood that individualism was not the solution to the problem of an increasingly encompassing centralized state but the source of its increasing power.

Patrick J. Deneen, Why Liberalism Failed

Professional restraint

The prosecutor in the Ahmaud Arbery killing trial surprisingly did not dwell on race, racism, or sending any message to … well, whatever you care to call people like the Defendants.

In her rebuttal to the defense’s closing argument — the last word before jurors were sent off to decide the fate of thee three men — Ms. Dunikoski made an appeal to common sense, offering up a general rule of life that she said the defendants had violated: “Don’t go looking for trouble.”

She had already told them that Mr. Arbery was killed because he was Black. Now she was telling them that the case wasn’t about whether the men were “good or bad people.” Rather, she said, it was “about holding people accountable and responsible for their actions.”

How a Prosecutor Addressed a Mostly White Jury and Won a Conviction in the Arbery Case

This prosecutor seems to have a very solid professional focus. She has declined interviews so far, too.

Despite our shared profession, something in me very much wants to see the defendants as "bad people," not just as people who need to be held accountable, but I know her way would be better for my soul — and I’d venture there’s a fair chance it struck a chord with the jury.

Self-Flagellation Day

Thanksgiving Day is here, and as is the fashion, it’s taking a beating. “What is Thanksgiving to Indigenous People? ‘A Day of Mourning,’” writes the onetime daily Bible of American mass culture, USA Today. The Washington Post fused a clickhole headline format with white guilt to create, “This tribe helped the Pilgrims survive for their first Thanksgiving. They still regret it 400 years later.” Even the pundits who didn’t rummage in the past in search of reasons for Americans to flog themselves this week found some in the future, a la the Post’s climate-change take on Turkey Day menus: “What’s on the Thanksgiving table in a hotter, drier world?”

MSNBC meanwhile kept things festive by reminding us, with regard to the now-infamous Pilgrims, that “Instead of bringing stuffing and biscuits, those settlers brought genocide and violence” …

Where’s all this headed? In the space of a generation America has gone from being a country brimming with undeserved over-confidence, to one whose intellectual culture has turned into an agonizing, apparently interminable run of performative self-flagellation.

Matt Taibbi, ‌Thanksgiving is Awesome

Not Making This Up

1492 needs a trigger warning: The Women’s March issued an apology so perfect that I cannot summarize it. It has to be printed in full. This is a real apology sent out by the Women’s March.

We apologize deeply for the email that was sent today. $14.92 was our average donation amount this week. It was an oversight on our part to not make the connection to a year of colonization, conquest, and genocide for Indigenous people, especially before Thanksgiving.

Nellie Bowles

Escaping a flawed religious heritage

Alan Jacobs throws down a gauntlet:

Hannah Anderson in Christianity Today:

Just as we do not choose our biological families of origin, there’s a sense in which we do not choose our religious families of origin either. Those of us who have been birthed or shaped by evangelicalism will never not be affected by it. You can be a former evangelical or a postevangelical. You can be a neo-evangelical. You can be a recovering evangelical — even a reforming evangelical. But you will never not be defined by your relationship to evangelicalism.

At the same time, acknowledging your evangelical roots does not mean turning a blind eye to the challenges facing the movement, nor does it mean defining evangelicalism so narrowly that you can absolve yourself of responsibility for it. To extend the family metaphor, evangelicalism may be comprised of your crazy cousins, embarrassing uncles, and perhaps even dysfunctional homes, but it’s still your family.

One thing that I almost never see in the current Discourse about evangelicalism is an acknowledgement by people who were raised evangelical that their upbringing might have provided something, anything to be grateful for. When I hear people denouncing their evangelical or fundamentalist “family,” I often think of something Auden said about Kierkegaard: “The Danish Lutheran Church may have been as worldly as Kierkegaard thought it was, but if it had not existed he would never have heard of the Gospels, in which he found the standards by which he condemned it.”

As an Orthodox Christian, formerly Evangelical, I appreciate his point — and bits of Hannah Anderson’s comments as well. But I do not call myself exvangelical, former evangelical, postevangelical or even recovering evangelical. I think the claim that "you will never not be defined by your relationship to evangelicalism" is self-congratulatory if not delusional. I am an Orthodox Christian, and there’s just too little point of contact between truly historic Christianity and evangelicalism for the latter to be much of my Christian identity, though it’s part of my history.

But amidst much criticism of Evangelicalism, I’ve given credit where credit is due. See, most notably, the material in the section "Epiphany 1" in this longish blog post. My status as evangelical was tried and tested (see "Epiphany 2") but survived unequivocally to my late 20s or early 30s, when I embraced Calvinism (see the first seven paragraphs of "Epiphany 3").

And, yes, in evangelicalism I found the standards by which I now condemn it — including a lot of scriptures that evangelicals don’t underline in their Bibles if they notice them at all, and the clear context of some they do underline.


You can read most of my more impromptu stuff at here. It should work in your RSS aggregator, like Feedly, should you want to make a habit of it.

Why do they hate us?

What They Saw in America:
Alexis de Tocqueville, Max Weber, G. K. Chesterton, and Sayyid Qutb

by James L. Nolan Jr.
Cambridge, 306 pages, $27.99

In the wake of 9/11, James Nolan was prompted to reflect on America to find a satisfactory answer to a simple question: “Why do they hate us?” He gives his answer by pairing the critical observations of three widely respected European writers, whose feelings toward America were at worst ambivalent, with those of Sayyid Qutb, an early leader of the Muslim Brotherhood, whose views were downright hostile.

Common threads in all four of his subjects’ criticisms of America lead Nolan to conclude that many traditional hallmarks of American exceptionalism—liberal democracy and individuality, free markets and free speech, pragmatism and pluralism—can be viewed as quintessentially American vices, and sources of perennial conflict with the outside world.

The problem, for Nolan, isn’t so much what these norms and institutions represent in themselves (which is very little, since most are only negations of positive values). Rather, the problem is what they leave behind once pockets of illiberal opposition, such as orthodox Christianity, fade away: little more than commodity fetishism and libido dominandi. Or so Tocqueville feared, and Qutb raged.

—Connor Grubaugh is assistant editor of First Things.

(First Things, January 2018. Paywall will disappear over the next month or so, article by article.)

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Some succinct standing advice on recurring themes.

Where I glean stuff.

Deep chasm

American Law from a Catholic Perspective:
Through a Clearer Lens

Edited by Ronald J. Rychlak
Rowman and Littlefield,
326 pages, $42

In this assemblage of twenty-two essays, Catholic academics and legal scholars apply Catholic social teaching to the poetic and prosaic aspects of the American legal system. The subjects discussed range from labor and employment issues and family law to property law, religious liberty, and the philosophy of law. The authors attempt to show the commonalities between Catholic teaching and American law; they also point out where the two diverge.

In reading these essays, I was struck more by the latter. Over and over again, we see the deep chasm between the Catholic understanding of the human person and the anthropology implied by American liberalism. The difference is stark. The former conceives of each human being as a person—a relational being, in relationship to God and others and dependent on God and others. The latter sees each human being as an individual who can make and fashion his own being and existence autonomously and apart from God and others. God is a valid choice, but he is just that, a choice. The Catholic lawyer cannot help but feel a dissonance between his deepest beliefs and the law he is called to practice each day. American Law from a Catholic Perspective helps to remind readers where their allegiances must lie. The attentive reader can begin to see the ways in which he must work to change American law at its very roots to help it conform to the truth proclaimed by the Church.

—Conor B. Dugan writes from Grand Rapids, Michigan.

(First Things, January 2018, emphasis added. The paywall crumbles as the month wears on.)

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Some succinct standing advice on recurring themes.

Where I glean stuff.

May First Things potpourri

  1. Against the snare of “dialog”
  2. Leviathan: Protector of the Atomistic Individual
  3. Squeaks & Squawks
  4. Sinkin’ Low Joe
  5. Preferential Option for the Powerful
  6. Can NYT disregard a law it dislikes?
  7. Preferential Option for the Powerful II
  8. Preferential Option for the Powerful III

Continue reading “May First Things potpourri”

Hegemony and eschatology

Two mind-benders recently encountered, both from (what I think is) deep in my Orthodox tradition. I intuit, but cannot articulate (yet), a connection between them beyond that.

First, philosopher-theologian Christos Yannaras, on receiving an honorary Doctorate from Hellenic College/Holy Cross Greek Orthodox School of Theology, made some very challenging remarks aimed at Orthodox zealotry, particularly the fiercely anti-Western and anti-ecumenical sort. In the process, he gives a shout-out to a parade of improbables: Nietzsche, Heidegger, Sartre, Baudelaire, Kafka, Bergman, and Fellini!

His critique is radical: anti-Western and anti-ecumenical fierceness can only be harbored if one has adopted an individualistic (i.e., quintessentially Western) approach to Orthodoxy:

[T]his Zealotry certainty does not constitute a defense of the decisions of the Councils; it does not derive from a conciliar expression of catholic ecclesial experience. It is an individual choice and conviction, based usually on the opinion of some geron, or elder, also chosen individually, who is lent “objective” authority by his hagiorite, or other, monastic affiliation. The defense of Orthodoxy by the “conservatives” is conducted on the basis of their individual choices and judgements, not on the basis of the Church’s conciliar expression. It is therefore a defense that manifestly undermines the coherence of the ecclesial body. It invalidates the conciliar system; it denies the episcopal ministry.

[I]n the extreme case of the fundamentalist “Zealots” the historical challenge that arose for the Church with the arrival of Modernity becomes abundantly clear. The West in Modernity is no longer the portion or party that at the time of the Schism cut itself off from the body of the One Catholic Church. Now the whole of Christendom is the West, since all of us who bear the name of Christian live integrally and self-evidently within a Western cultural context; we embody the Western mode of life. Our routines, our mental outlook, our reflexes, our prioritization of needs, the way our social institutions are formed and function are all absolutely obedient to the Western-individualistic not the social-ecclesial model. We live, we think, and we act in the mode fashioned by Augustine, Anselm, Aquinas, and Descartes.

That is why on the level of Modernity, too, our opposition to the West, whatever our defence of ecclesial Orthodoxy, is inescapably fleshness [sic], unrelated to the reality of our common life: an abstract piece of ideology. We recognize differences between Christians but we regard them as “confessional”: as by definition ideological. They are discussed by scholarly committees of “specialists” – university professors and bishops (that is, the professional cadres” of ideology). It has never occurred to us to bring people of experience into ecumenical dialogue, people such as authentic monks and gifted artists.

… There is no entity called the West “confronting” Orthodoxy; the West is “within us” and Orthodoxy is the common nostalgia of all who perceive the falling away of both East and West. The pioneers of self-criticism, the guides to metanoia, are not those who engage in “dialogue” about “primacy” and “infallibility,” or about the puerile doctrine of the Filioque, but those who have boldly attempted to make a painful break with moral error: Nietzsche, Heidegger, and Sartre, and closely related to them in the language of art, Baudelaire, Kafka, Bergman, and Fellini: All those who have proclaimed painfully that the alienating transformation of a relationship with God into ideology and legalism has led to the death of God – the God of individual “convictions” and crutch of egocentric Morality has died: “we are all his murderers” – Wir haben ihn ge late t, wir aile sind seine Marder!

(If this seems a bit jerky and disconnected, read the original, which provides some connecting dots that I, perhaps mistakenly, thought unnecessary to an adequate evocation.

Dr. Yannaras’ remarks resonate with what I’ve glimpsed repeatedly. I’d be tempted to say that I’ve apprehended but not comprehended it, but should I comprehend it, I’d probably dissect it into ideological pieces and kill it in the process.

It seems like there’s a sort of Orthodox uncertainty principle, which may be just a way of gussying up apophaticism. We walk by faith, not sight.

Second, Father Stephen Freeman illustrates, in The Last Christmas – Ever, the eschatological time-warp in which traditional (at least Orthodox) Christians live (and exposes the inadequacy of current popular concepts of eschatology):

The first proclamation of Christ (and of John the Baptist) is: “Repent, for the Kingdom of God is at hand.” Modern scholars, having lost a proper understanding of eschatology, often misinterpret this as an announcement of an immediate coming of the end of the world in a linear, cause-and-effect manner. They equally think that Jesus was “mistaken” in this and that his followers had to change the message to fit his failure.

And the message is misunderstood as well. For many, the “coming of the Kingdom of God” is made into an ethical event, while others simply give up on the topic and make Jesus’ ministry into something else. For example, the forensic model of the atonement reduces Jesus’ ministry to His blood payment on the Cross. His teachings, healings and wonders become of little importance (again reduced mostly to ethical teachings).

Only the strange world of traditional eschatology sees Christ’s ministry and the whole of His work as a single thing and continually present within our lives at this moment. This strange world is found within the liturgical and sacramental life of Orthodoxy – indeed, it is essential.

Again, I invite you to read the original, which is chock-full of supporting evidence from the words of the Liturgy – words that tend to glide by unnoticed, or which are traditionally said “secretly” (softly at the altar) and thus unheard by laity.

Both this and Yannaras’ remarks are hard for us today even to apprehend as not just other than gibberish, but as fundamentally sane in a world largely gone mad (or at least has swung too far in one direction of the pendulum). How can I summarize what I’m still trying to grasp?

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“The remarks made in this essay do not represent scholarly research. They are intended as topical stimulations for conversation among intelligent and informed people.” (Gerhart Niemeyer)

Some succinct standing advice on recurring themes.