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Daily Archives: June 22, 2022
Charlottesville, COVID, Trump and free speech: How white supremacy entered the mainstream – Salon
Posted: June 22, 2022 at 12:37 pm
I researched and wrote a lot about white supremacy, particularly in its alt-right manifestation, throughout the course of 2017, namely Donald Trump's first year in office. I hazarded a number of guesses as to where the movement, and more importantly the reaction to it, was headed. Keeping company with this unsavory crowd over an extended period of time, I came to have a deep appreciation for how characteristically American this movement was, and how right it felt to experience it as a natural growth of individualistic capitalism run amok. But by the end of that year the alt-right panic was being subsumed by the #MeToo panic, and honest discussion about the nature of the white supremacist resurgence became more and more difficult in liberal forums.
Around that time I wrote a long essay (published only recently in three parts) analyzing the fate of the leading figures of the alt-right, and focusing on the various methods proposed to deal with the alleged existential threat, including all sorts of power applied by the state and its legal apparatus. I took an absolutist free-speech position with respect to the neo-Nazis a stance that seems almost ridiculously outdated in these self-righteous times and argued in favor of the old-line ACLU position rather than the speech compromises endorsed by critical race theory. I raised the question of watchdog biases, and the dangers of permitting such groups, which are de facto instruments of ever-shifting state policy, such great authority in deciding who gets to speak and who doesn't.
RELATED:Is free speech a casualty of the Ukraine war? America's commissars crack down on dissent
As I reviewed the essay recently, it struck me how extensively the reaction to white supremacy has proceeded along highly undemocratic lines, and how it continues to be a harbinger of worse developments yet to come in the polity, to a far greater extent than even I expected.
Violent reaction against speech is now far more pervasive and legitimate than it was at the beginning of the Trump administration. Among millennials and post-millennials, freedom of speech was already viewed ashighly questionable. Demonizing Trumpism allowed powerful media companies to assume total control over what speech would be allowed and not allowed. It has become a truly expansive definition, and depends on the whim of the moment. The apparatus of domination and control I described with respect to the alt-right was transposed in its entirety to a thought category called "disinformation" (itself a term of disinformation) and applied to vaccine skeptics or generally anyone who disagreed with official pronouncements about any aspect of COVID-19, even those that were subject to change thanks to new information or scientific reinterpretation.
It has become commonplace for media companies to deny platforms or visibility not just to the most extreme neo-Nazi rabble-rousers like Andrew Anglin and Richard Spencer but to anyone who falls afoul of any aspect of the established liberal worldview on issues of elections, racism, schooling, historical interpretation, science, war, violence, sexuality or indeed anything and everything that doesn't sit well with the narrow spectrum of reality endorsed by the propaganda arms of the American national security state, fed on illusive notions of meritocratic wokeness.
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Was this a price worth paying for making the alt-right invisible? To have such an unprecedented level of institutional (albeit non-governmental) censorship in this country? It starts with Alex Jones, and ends up going after Palestinian activists. It always does. I knew it, and anyone with an eye on history should have known it too.
Every form of domination requires an unacceptable other in order to privilege its own power. In the circa-2017 phase of alt-right ascendance, the antagonists were all those who deployed a racist perspective to question the liberal dogma of perpetual progress by slow degrees. The alt-right enemies of immigration, racial equality and even of interracial relationships or the recognition and celebration of minority cultures were demonized as uncouth savages who had no business seeking a political platform in American democracy.
If liberals believe they triumphed over the alt-right, consider Glenn Youngkin, the Biden administration's Trumpist immigration policies and ever-increasing police violence against people of color.
Yet consider this: Despite the liberal triumphalism associated with banning controversial speakers on campus and shutting down the social media accounts of alt-right influencers, Glenn Youngkin was recently elected governor of Virginia, in large part driven by antipathy toward the (mostly imaginary) teaching of critical race theory in schools. Consider that the Biden administration has to a large extent kept in place Trump's exclusionary policies on the southern border. Consider that police violence against unarmed black men and other people of color has only accelerated.
But who supports those things? Large numbers of conservative white voters, of course, not just in the devastated Rust Belt but all over the country. But also, going by the shift of Latino voters toward Trump in 2020, a growing number of some of the liberals' most cherished constituencies as well.
It is not coincidental that once the neo-Nazis were banned, an entire liberal industry arose to teach white people to search out their most minute expressions of racism (by authors like Ibram X. Kendi and Robin DiAngelo), and to turn that into a beneficent self-improvement project, such as one might approach an addiction or an unhealthy diet. Now the enemy is not the alt-right, but everyone who thinks in unpredictable directions about the current state of our political economy.
To be fair, America faces legitimate social and political quandaries: In the current climate we cannot permit more immigration, although we desperately need it from an economic point of view. We certainly can't ban it, which would be economically devastating as well as giving in to the nationalists. So the almost comical answer we have settled upon is to maintain a repressive regime toward immigration and construct as enemies everyone who wants either more or less of it.
The urge to suppress the alt-right was not about "democracy" or some other hazy, high-minded ideal. It was about maintaining the status quo, and the recent expansion of the list of enemies is part of a more ambitious campaign to maintain the status quo as it faces even greater threat, especially during the pandemic.
If censorship and legal targeting of the alt-right were supposed to banish thescourge of white supremacy, let us ask the obvious question: Did it succeed? Obviously it did not, and it arguably made white supremacy, in both its overt and covert manifestations, stronger than ever.
Imagine a situation where a confident liberalism, true at least to its principles of allowing fair market exchange and removing unnecessary obstacles to personal economic advancement, not only permitted the free play of alt-right ideas (or more extreme manifestations) but even encouraged them in order to draw clear distinctions between right and wrong, trusting the democratic public to make its own decisions. Instead, an authoritarian attitude drove the construction of an illiberal liberalism as the only viable political option. At certain points the mythology of that ideology has bordered on the absurd, as in the depiction of Jan. 6, 2021, as an unprecedented existential calamity, or the various travesties of imagination surrounding the Russiagate scandal. This happened to such an extent that white supremacy started sounding reasonable to some people by comparison.
Liberals present themselves as occupying the reasonable center of political discourse today, but in some ways they are more extreme than the most delusional and paranoid Republicans. They have reduced all of human life and its activities to strict monetary calculation, and have destroyed art, imagination and creativity in the process. Their imaginary visions of democracy, human rights and meritocracy are entirely in the service of justifying the current form of capitalism, which is trending toward eradicating life on the planet.
Despite liberals' endless self-scrutiny in search of microscopic evidence of racism, I would suggest they are the most effective carriers of the white supremacy virus.
If I haven't yet alienated all liberal readers, I would go further, to suggest that despite their relentless search for rooting out micro-racism in their minute words and deeds, liberals are in fact the most effective carriers of the white supremacy virus. Emboldening Israel at the cost of any recognition of the rights of Palestinians is white supremacy. Instigating a massively expensive and apparently endless proxy war against Russia, as a first step in checking or confronting the inevitable hegemony of China (those creepy Asians who've become too big for their boots), is white supremacy. Converting the George Floyd protests of 2020 into ultimate advocacy for more money for more police as nearly all Democrats in positions of power now advocate is white supremacy. Wanting to "save" Afghan women and children by lamenting the end of the 20-year invasion and then imposing sanctions and stealing their money is white supremacy. Which party, I ask you, is more associated with these policies today?
No one has to believe that liberals steal elections or that vaccines are more dangerous than COVID or that school shootings are false-flag events or that there's a Jewish conspiracy to replace white people. But censoring these thoughts only gives them more durability, as we ought to have learned from repeated examples over the last few years.
Here's how it works: An illegitimate thought is censored, which gives it a certain resilience as the wrong way to think, opposed to which is the correct thought. Censorship becomes the force by which the liberal-bourgeois state codifies various elements of power such as to propel them beyond the critique of power. In this dynamic, the unfairness of a two-party electoral democracy representing only narrow bourgeois interests, the unequal and even unscientific foundations of American public health, the interdependence of imperial violence with chaotic domestic outbursts, and the bipartisan consensus over the punitive treatment of immigrants become untouchable issues, precisely because quasi-state censorship has elevated them to the status of sacred truths threatened by extremists and therefore not subject to rational critique. Censorship is the process by which the illegitimate is made legitimate.
In these last days of empire, when liberalism is on the defensive and fighting for propositions that are ecologically and even economically unsustainable, we will not see an end to the violent repression of nonconformism, only its reinforcement. Thus it is that so-called wokeness which is entirely compatible with corporate globalization, and in many cases strongly aligned with it becomes the darkest force in the land. It feeds denialism, denies that denialism is real and then denies the humanity of those who aren't woke enough to accept the boundaries of correct thought, whether they are nominally on the left or the right.
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Charlottesville, COVID, Trump and free speech: How white supremacy entered the mainstream - Salon
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Jehovah’s Witnesses reflect on 20th anniversary of free speech decision – Porterville Recorder
Posted: at 12:36 pm
While Jehovahs Witnesses have chosen to temporarily suspend their door-to-door ministry due to the pandemic, their activity was almost permanently banned by one U.S. village in the late 1990s that is until the United States Supreme Court stepped in with a historic 8-1 decision on June 17, 2002, declaring the local ordinance unconstitutional.
As the 20th anniversary of that precedent-setting decision nears, some Tulare County residents wonder what their lives would be like if one of their neighbors had not knocked on their door and shared a life-changing message with them. Constitutional scholars marvel at the outsized impact the decision has had on the protection of free speech for all, agreeing with Justice Antonin Scalias opinion in the case, The free-speech claim exempts everybody, thanks to Jehovahs Witnesses.
Without it, I may have never heard the truth about the Bible, said Lloyd Gould, a former fire prevention technician for the U.S. Forest Service, who worked in Tulare County.
Gould vividly recalls the day Jehovahs Witnesses visited his ranch in Greenfield. It was a huge turning point, he said.
The 2002 Supreme Court decision in Watchtower v. Village of Stratton, affirmed that a local village ordinance in Stratton, Ohio, requiring a permit to knock on doors violated the rights of any person who wanted to engage in free speech with their neighbor, including Jehovahs Witnesses who practice door-to-door evangelizing. The Court overturned two lower court rulings that upheld the ordinance, and thus paved the way for all citizens to maintain open dialogue with their neighbors on any number of issues including environmental, civic, political or educational.
Looking back on the two decades since the decision, its clear to see the wide-ranging impact that Watchtower v. Stratton has had on free speech for all, said Josh McDaniel, director of the Religious Freedom Clinic at the Harvard Law School. This is just the latest of some 50 Supreme Court victories by Jehovahs Witnesses that have helped establish and broaden First Amendment jurisprudence throughout the last century.
The village of Stratton became a center of controversy in 1998 after the mayor personally confronted four Jehovahs Witnesses as they were driving out of the village after visiting a resident. Subsequently, the village enacted the ordinance Regulating Uninvited Peddling and Solicitation Upon Private Property, which required anyone wishing to engage in door-to-door activity to obtain a permit from the mayor or face imprisonment. Jehovahs Witnesses viewed this ordinance as an infringement of freedom of speech, free exercise of religion and freedom of press. Therefore, they brought a lawsuit in federal court after the village refused to modify their enforcement of this ordinance.
Our motive for initiating the case was clear: We wanted to remove any obstacle that would prevent us from carrying out our scriptural obligation to preach the good news of the Kingdom, said Robert Hendriks, U.S. spokesman for Jehovahs Witnesses. Making it a criminal offense to talk with a neighbor without seeking government approval is offensive to many people, but particularly to God who commanded Christians to preach the gospel.
That very gospel, which includes the Bible-based assurance of a resurrection, has sustained Gould since the passing of his wife and daughter.
While Gould continues to engage in a productive ministry through letter writing, phone calling and virtual visits, he is looking forward to knocking on doors again. Ive always preferred talking to people face to face, he said.
We are thankful that we have the legal right to practice our ministry from door to door, said Hendriks. When the time is right and conditions are safe, we hope to visit our neighbors in person once again.
This victory is one of more than 250 rulings in cases brought by Jehovahs Witnesses in high courts around the world that have expanded the rights of people of all religious faiths. It's hard to point to any organization, let alone a religious organization, that has had such a profound impact on the shaping of constitutional law over many decades in the Supreme Court," said Harvard professor McDaniel.
For more information on the Stratton case, go to http://www.jw.org and type Stratton in the search field.
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Jehovah's Witnesses reflect on 20th anniversary of free speech decision - Porterville Recorder
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The Aftermath: Developments from the 2022 Session of the Connecticut General Assembly Affecting Employers – JD Supra
Posted: at 12:36 pm
The 2022 Regular Session of the Connecticut General Assembly concluded on May 4, 2022. While not as groundbreaking as the two last full legislative sessions, and while many far-reaching bills that emerged from committee were not passed by the legislature, important bills regarding employee free speech (i.e., the much vaunted captive audiences legislation) and employment protections with respect to domestic violence were enacted. (We consider it particularly noteworthy that efforts to significantly restrict the use of covenants not to compete by most Connecticut employers were unsuccessful.) The following are brief descriptions of some of these employment-related bills, all of which have been signed by the Governor.
EMPLOYEE FREE SPEECH AND CAPTIVE AUDIENCES
Public Act 22-24 (An Act Protecting Employee Freedom Of Speech And Conscience), which takes effect on July 1, 2022, prohibits employers from requiring employees to attend meetings (or listen to speech or view communications) sponsored by the employer, the primary purpose of which is to communicate the employer's opinion concerning religious or political matters. This Act does NOT prohibit: 1) Employers from communicating to their employees any information that the employer is required by law to communicate or is necessary for employees to perform their job duties; 2) institutions of higher education from meeting or communicating with employees as part of coursework, symposia, or an academic program at the institution; 3) casual conversations between employees (or a single employee) and an agent/representative of an employer, provided that participation in the conversations is not required; or 4) a requirement limited to an employer's managerial and supervisory employees. The Act also does not apply to a religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 or the Connecticut Fair Employment Practices Act with respect to speech on religious matters to employees who perform work connected with such entities activities.
In addition to these so-called captive audience provisions, the Act amends the state statute protecting employees from discipline or discharge due to their exercise of free speech (Connecticut General Statutes 31-51q) by limiting the damages available under it to lost wages/compensation, and thus eliminates any right to punitive damages, although attorneys fees/costs remain available. However, the Act also broadens Conn. Gen. Stat. 31-51q so as to prohibit employers from even threatening to subject an employee to discipline or discharge due to their exercise of free speech rights.
NON-DISCRIMINATION/EMPLOYMENT & DOMESTIC VIOLENCE PROTECTIONS
Public Act 22-82 (An Act Concerning Online Dating Operators, The Creation Of A Grant Program To Reduce Occurrences Of Online Abuse And The Provision of Domestic Violence Training and Protections For Victims Of Domestic Violence), which takes effect on October 1. 2022, lowers the threshold of an employer covered under the Connecticut Fair Employment Practices Act (CFEPA) from three employees to one employee or more. The Act expands the definition of employee" under CFEPA to include any elected or appointed official of a municipality, board, commission, counsel or other governmental body.
The Act adds status as a domestic violence victim as a protected class under CFEPA (and prohibits discrimination against such persons). The Act amends CFEPA to prohibit employers from refusing to provide a reasonable accommodation (including a reasonable leave of absence) to an employee for the purpose of seeking attention to injuries caused by (or services relating to) domestic violence, unless the absence would cause an undue hardship to the employer. Employers can request certain specified supporting documentation from employees with respect to a request for such a leave of absence; however, employers must maintain the confidentiality of information (to the extent permitted by law) regarding ones status as a domestic violence victim.
The Act authorizes the Connecticut Commission on Human Rights and Opportunities (CHRO) to require employers with three or more employees to post in a prominent location information concerning domestic violence and the resources available to victims of domestic violence. The Act requires eachstate agency (but not private employers)to provide a minimum of one hour of training and education related to domestic violence and the resources available to victims of domestic violence 1) to all employees by July 1, 2023, and 2) to all employees hired on or after January 1, 2023, not later than six months after they start work. The Act sets forth the contents of such training, and these training requirements may be met by using the online training and education video (or other interactive method of training and education) to be developed by CHRO in conjunction with the Connecticut Coalition Against Domestic Violence (and made available at no cost to each state agency).
PREVAILING WAGE ENFORCEMENT
Public Act 22-17 (An Act Concerning Wage Theft) authorizes (as of July 1, 2023) the Connecticut Commissioner of Labor to issue increased fines and citations (i.e., $5,000 per violation) to contractors and subcontractors who violate the state's prevailing wage laws. The Act requires the Commissioner to maintain a list of contractors/subcontractors that during the three preceding years violated the prevailing wage laws or entered into a settlement with the Commissioner to resolve such claims. For each contractor/subcontractor on this list, the Commissioner shall record: 1) The nature of the violation; 2) the total amount of wages and fringe benefits making up the violation or agreed upon in any settlement; and 3) the total amount of civil penalties and fines. The Commissioner shall review the list each year for the preceding rolling three-year period and may refer for debarment any contractor/subcontractor that committed a violation during this period. The Commissioner shall refer for debarment any contractor/subcontractor that entered into one or more settlement agreements where the total of all settlements within the period exceeds $50,000 in back wages or fringe benefits or civil penalties or fines. Any such contractor/subcontractor may request a hearing before the Commissioner to contest such a finding.
CANCER RELIEF BENEFITS
Public Act 22-139 (An Act Concerning Adoption Of The Recommendations Of The Task Force To Study Cancer Relief Benefits For Firefighters) requires (commencing on July 1, 2023) that each town make the following contributions to the firefighters cancer relief program account: 1) $10 per career/paid firefighter within the town, and 2) $5 per volunteer firefighter within the towns volunteer district(s). The Act requires CONN-OSHA to adopt 1) Lavender Ribbon Report Best Practices for Preventing Firefighter Cancer, and 2) a practice requiring that all firefighters be provided with at least two sets of turnout gear (to ensure clean gear is worn while contaminated gear is properly cleaned), except towns with populations of fewer than 50,000 are exempt if they are equipped with advanced cleaning washers/extractors. The Act requires the Workers Compensation Commission to 1) maintain a record of all firefighters workers compensation claims made due to a cancer diagnosis, and 2) report annually to the General Assembly regarding this record. The Act requires the Comptroller to conduct a feasibility study on providing pension benefits to firefighters in circumstances when the required pension service years are not met due to early retirement resulting from a qualifying cancer diagnosis. NOTE: A prior version of this bill, that would have created a rebuttable presumption for workers compensation benefits for certain cancer diagnoses, did not pass.
OCCUPATIONAL LICENCES AND PRIOR CRIMINAL RECORDS
Public Act 22-88 (An Act Concerning Collateral Consequences Of Criminal Convictions On Occupational Licensing), which takes effect on October 1, 2022, limits the ability of state licensing agencies to revoke, suspend, or deny certain occupational licenses on account of the commission of a felony to only those felonies that are reasonably related to the holder's ability to safely or competently perform their work. Among the practitioners affected by this revision would be licensed clinical and Masters degreed social workers, art therapists, dietician-nutritionists, architects, public accountants, certain tradespersons, estheticians, eyelash and nail technicians. The Act also extends the prohibition on the Department of Public Healths summarily taking action with respect to practitioners for conviction of a felony to cover licenses for embalmers and funeral directors.
UNEMPLOYMENT COMPENSATION
Special Act 22-13 (An Act Concerning Unemployment Compensation Experience Rates) requires the Connecticut Department of Labor to study businesses that had their experience rates increase despite last years passage of Public Act 21-5 (An Act Concerning The Removal Of COVID19 Related Layoffs From The Unemployment Compensation Experience Account), and to then submit a report with its findings and recommendations to the General Assemblys Labor and Public Employees Committee by January 1, 2023. The report will include identification of 1) employers that had increased experience rates, 2) how many people were impacted, and 3) the cost to both the state and the employer.
TECHNICAL AND MINOR CHANGES
The titles of Public Act 22-67 (An Act Concerning Technicaland Other Changes To The Labor Department Statutes) and Public Act 22-89 (An Act Concerning Minor And Technical Changes To The Workers' Compensation Act) largely speak for themselves.
LAST, BUT NOT LEAST, THE BUDGET IMPLEMENTER
On May 7, 2022, Governor Lamont signed, Public Act 22-118 (An Act Adjusting The State Budget For The Biennium Ending June 30, 2023, Concerning Provisions Related To Revenue, School Construction And Other Items To Implement The State Budget And Authorizing And Adjusting Bonds Of The State), which, as it title suggests, contains provisions ostensibly intended to implement the state budget. Not surprisingly, this 739-page legislation contains numerous provisions that are not necessarily budget-related. Here are some of the Acts employment-related provisions.
Connecticut Retirement Security Program
-The Act eliminates the Connecticut Retirement Security Authority (CRSA) and makes the Office of the State Comptroller its successor for administering the retirement program. The Act converts CRSAs board of directors to an advisory board and renames the program the Connecticut Retirement Security Program (as opposed to the former Connecticut Retirement Security Exchange title).
State and Non-Unionized Employee Wage/Benefits
-The Act increases judicial salaries by about 5%.
-The Act requires each state agency to apply to its nonunion state employees the following terms from the agreement between the state and the State Employee Bargaining Agent Coalition (SEBAC): 1) for 2021-22, a $2,500 lump sum payment and 2.5% base annual salary increase; 2) for 2022-23, a 2.5% increase plus step increases, annual increments, or their equivalents, and a $1,000 lump sum payment); and 3) for 2023-24, a 2.5% increase plus step increases, annual increments, or their equivalents.
-The Act requires health insurance coverage for children, stepchildren, or other dependent children of state or nonstate public employees via the State Partnership Plan to continue until at least the end of the calendar year after the earlier of when they 1) obtained coverage through their own employment, or 2) turn age 26.
Teacher Retirement System
-The Act excludes school business administrators who hold a certificate with an administration endorsement from the Teacher Retirement System (TRS).
-The Act limits TRS eligibility for professional employees of the State Education Resource Center (SERC) to only those hired before July 1, 2022.
-The Act explicitly includes Connecticut Technical and Career System professional employees within the TRS.
-The Act increases from $220 to $440 per person the monthly health insurance subsidy under the TRS for eligible retired teachers (and their spouses or surviving spouses or disabled dependents) who receive health insurance coverage from the retirees last employing board of education.
Connecticut Paid Family and Medical Leave
-Similar to non-paid FMLA leave statutes, this Act makes it a violation of Connecticuts paid family and medical leave law (PFML) for an employer to: 1) interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided by the PFML, or 2) discharge or cause to be discharged, or otherwise discriminate against someone for opposing any practice made unlawful by the PFML or exercising the rights afforded under the PFML.
Unemployment Compensation
-For 2022-2023, the Act reduces the unemployment tax rate that new employers must pay by 0.2% (from 1.4% to 1.2%).
Premium/Pandemic Pay
-The Act establishes a Premium Pay Program that will be administered by the Comptroller to pay out of state funds to private sector employees deemed eligible to receive a COVID-19 vaccination in phases 1a or 1b of the vaccination program and who were employed during the period of the COVID-19 state of emergency, lump sums of $200 to $1,000 using available appropriations, on a first come, first-served basis. In order to be eligible for these benefits, employees must apply by October 1, 2022. The Act further sets forth the process & criteria for applying for such pay.
-The Act also provides that no employer shall: 1) Discharge or in any manner discipline or discriminate against any employee because the employee has filed an application for pandemic pay, or 2) deliberately misinform or dissuade an employee from filing an application for payment from the Connecticut program. The Act provides a private cause of action for those alleging a violation of this provision.
Homemaker-Companion Agency and No-Hire Clauses
-The Act prohibits (as against public policy) contracts between a homemaker-companion agency or home health agency and a client from including a no-hire clause that, should the client directly hire an agency employee: 1) imposes a financial penalty; 2) assesses any charges or fees, including legal fees; or (3) contains any language that can create grounds for a breach of contract assertion or a claim for damages or injunctive relief. (NOTE that current law already largely bars covenants not to compete in employment contracts for homemaker, companion, or home health services.)
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The Aftermath: Developments from the 2022 Session of the Connecticut General Assembly Affecting Employers - JD Supra
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Federalist Papers
Posted: at 12:35 pm
#DateTitle11787Oct27General Introduction21787Oct31Concerning Dangers from Foreign Force and Influence31787Nov3Concerning Dangers from Foreign Force and Influence (continued)41787Nov7Concerning Dangers from Foreign Force and Influence (continued)51787Nov10Concerning Dangers from Foreign Force and Influence (continued)61787Nov14Concerning Dangers from Dissensions Between the States71787Nov15Concerning Dangers from Dissensions Between the States (continued) and Particular Causes Enumerated81787Nov20Consequences of Hostilities Between the States91787Nov21The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection101787Nov22The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection (continued)111787Nov24The Utility of the Union in Respect to Commercial Relations and a Navy121787Nov27The Utility of the Union In Respect to Revenue131787Nov28Advantage of the Union in Respect to Economy in Government141787Nov30Objections to the Proposed Constitution From Extent of Territory Answered151787Dec1Insufficiency of the Present Confederation to Preserve the Union161787Dec4Insufficiency of the Present Confederation to Preserve the Union (continued)171787Dec5Insufficiency of the Present Confederation to Preserve the Union (continued)181787Dec7Insufficiency of the Present Confederation to Preserve the Union (continued)191787Dec8Insufficiency of the Present Confederation to Preserve the Union (continued)201787Dec11Insufficiency of the Present Confederation to Preserve the Union (continued)211787Dec12Other Defects of the Present Confederation221787Dec14Other Defects of the Present Confederation (continued)231787Dec18Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union241787Dec19Powers Necessary to the Common Defense Further Considered251787Dec21Powers Necessary to the Common Defense Further Considered (continued)261787Dec22Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered271787Dec25Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered (continued)281787Dec26Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered (continued)291788Jan9Concerning the Militia301787Dec28Concerning the General Power of Taxation311788Jan1Concerning the General Power of Taxation (continued)321788Jan2Concerning the General Power of Taxation (continued)331788Jan2Concerning the General Power of Taxation (continued)341788Jan5Concerning the General Power of Taxation (continued)351788Jan5Concerning the General Power of Taxation (continued)361788Jan8Concerning the General Power of Taxation (continued)371788Jan11Concerning the Difficulties of the Convention in Devising a Proper Form of Government381788Jan12The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed391788Jan16Conformity of the Plan to Republican Principles401788Jan18On the Powers of the Convention to Form a Mixed Government Examined and Sustained411788Jan19General View of the Powers Conferred by The Constitution421788Jan22The Powers Conferred by the Constitution Further Considered431788Jan23The Powers Conferred by the Constitution Further Considered (continued)441788Jan25Restrictions on the Authority of the Several States451788Jan26Alleged Danger From the Powers of the Union to the State Governments Considered461788Jan29The Influence of the State and Federal Governments Compared471788Jan30The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts481788Feb1These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other491788Feb2Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention501788Feb5Periodical Appeals to the People Considered511788Feb6The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments521788Feb8The House of Representatives531788Feb9The House of Representatives (continued)541788Feb12Apportionment of Members of the House of Representatives Among the States551788Feb13The Total Number of the House of Representatives561788Feb16The Total Number of the House of Representatives (continued)571788Feb19The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation581788Feb20Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands Considered591788Feb22Concerning the Power of Congress to Regulate the Election of Members601788Feb23Concerning the Power of Congress to Regulate the Election of Members (continued)611788Feb26Concerning the Power of Congress to Regulate the Election of Members (continued)621788Feb27The Senate631788Mar1The Senate (continued)641788Mar5The Powers of the Senate651788Mar7The Powers of the Senate (continued)661788Mar8Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered671788Mar11The Executive Department681788Mar12The Mode of Electing the President691788Mar14The Real Character of the Executive701788Mar15The Executive Department Further Considered711788Mar18The Duration in Office of the Executive721788Mar19The Same Subject Continued, and Re-Eligibility of the Executive Considered731788Mar21The Provision For The Support of the Executive, and the Veto Power741788Mar25The Command of the Military and Naval Forces, and the Pardoning Power of the Executive751788Mar26The Treaty-Making Power of the Executive761788Apr1The Appointing Power of the Executive771788Apr2The Appointing Power Continued and Other Powers of the Executive Considered781788Jun14The Judiciary Department791788Jun18The Judiciary Continued801788Jun21The Powers of the Judiciary811788Jun25The Judiciary Continued, and the Distribution of the Judicial Authority821788Jul2The Judiciary Continued831788Jul5The Judiciary Continued in Relation to Trial by Jury841788Jul16Certain General and Miscellaneous Objections to the Constitution Considered and Answered851788Aug13Concluding Remarks
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Federalist No. 70 | Teaching American History
Posted: at 12:35 pm
There is an idea, which is not without its advocates, that a vigorous executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles. Energy in the executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy. Every man the least conversant in Roman history knows how often that republic was obliged to take refuge in the absolute power of a single man, under the formidable title of dictator, as well against the intrigues of ambitious individuals who aspired to the tyranny, and the seditions of whole classes of the community whose conduct threatened the existence of all government, as against the invasions of external enemies who menaced the conquest and destruction of Rome.
There can be no need, however, to multiply arguments or examples on this head. A feeble executive implies a feeble execution of the government. A feeble execution is but another phrase for a bad execution; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government.
Taking it for granted, therefore, that all men of sense will agree in the necessity of an energetic executive; it will only remain to inquire, what are the ingredients which constitute this energy? How far can they be combined with those other ingredients which constitute safety in the republican sense? And how far does this combination characterize the plan which has been reported by the convention?
The ingredients which constitute energy in the executive are unity; duration; an adequate provision for its support; and competent powers.
The ingredients which constitute safety in the republican sense are a due dependence on the people, secondly a due responsibility.
Those politicians and statesmen who have been the most celebrated for the soundness of their principles and for the justness of their views have declared in favor of a single executive and a numerous legislature. They have with great propriety, considered energy as the most necessary qualification of the former, and have regarded this as most applicable to power in a single hand; while they have, with equal propriety, considered the latter as best adapted to deliberation and wisdom, and best calculated to conciliate the confidence of the people and to secure their privileges and interests.
That unity is conducive to energy will not be disputed. Decision, activity, secrecy, and dispatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number; and in proportion as the number is increased, these qualities will be diminished.
This unity may be destroyed in two ways: either by vesting the power in two or more magistrates of equal dignity and authority, or by vesting it ostensibly in one man, subject in whole or in part to the control and co-operation of others, in the capacity of counselors to him. Of the first, the two consuls of Rome may serve as an example; of the last, we shall find examples in the constitutions of several of the States. New York and New Jersey, if I recollect right, are the only States which have entrusted the executive authority wholly to single men. Both these methods of destroying the unity of the executive have their partisans; but the votaries of an executive council are the most numerous. They are both liable, if not to equal, to similar objections, and may in most lights be examined in conjunction.
The experience of other nations will afford little instruction on this head. As far, however, as it teaches anything, it teaches us not to be enamored of plurality in the executive. We have seen that the Achaeans on an experiment of two Praetors, were induced to abolish one. The Roman history records many instances of mischiefs to the republic from the dissentions between the consuls, and between the military tribunes, who were at times substituted to the consuls. But it gives us no specimens of any peculiar advantages derived to the state from the circumstance of the plurality of those magistrates. That the dissentions between them were not more frequent or more fatal is matter of astonishment, until we advert to the singular position in which he republic was almost continually placed and to the prudent policy pointed out by the circumstances of the state, and pursued by the consuls, of making a division of the government between them. The patricians engaged in a perpetual struggle with the plebians for the preservation of their ancient authorities and dignities; the consuls, who were generally chosen out of the former body, were commonly united by the personal interest they had in the defense of the privileges of their order. In addition to this motive of union, after the arms of the republic had considerably expanded the bounds of its empire, it became an established custom with the consuls to divide the administration between themselves by lotone of them remaining at Rome to govern the city and its environs; the other taking the command in the more distant provinces. This expedient must no doubt have had great influence in preventing those collisions and rivalships which might otherwise have embroiled the peace of the republic.
But quitting the dim light of historical research, and attaching ourselves purely to the dictates of reason and good sense, we shall discover much greater cause to reject than to approve the idea of plurality in the executive, under any modification whatever.
Wherever two or more persons are engaged in any common enterprise or pursuit, there is always danger of difference of opinion. If it be a public trust or office in which they are clothed with equal dignity and authority, there is peculiar danger of personal emulation and even animosity. From either, and especially from all these causes, the most bitter dissentions are apt to spring. Whenever these happen, they lessen the respectability, weaken the authority, and distract the plans and operations of those whom they divide. If they should unfortunately assail the supreme executive magistracy of a country, consisting of a plurality of persons, they might impede or frustrate the most important measures of the government in the most critical emergencies of the state. And what is still worse, they might split the community into the most violent and irreconcilable factions, adhering differently to the different individuals who composed the magistracy.
Men often oppose a thing merely because they have had no agency in planning it, or because it may have been planned by those whom they dislike. But if they have been consulted, and have happened to disapprove, opposition then becomes, in their estimation an indispensable duty of self-love. They seem to think themselves bound in honor, and by all the motives of personal infallibility, to defeat the success of what has been resolved upon, contrary to their sentiments. Men of upright, benevolent tempers have too many opportunities of remarking, with horror, to what desperate lengths this disposition is sometimes carried, and how often the great interests of society are sacrificed to the vanity, to the conceit, and to the obstinacy of individuals, who have credit enough to make their passions and their caprices interesting to mankind. Perhaps the question now before the public may, in its consequences, afford melancholy proofs of the effects of this despicable frailty, or rather detestable vice, in the human character.
Upon the principles of a free government, inconveniences from the source just mentioned must necessarily be submitted to in the formation of the legislature; but it is unnecessary, and therefore unwise, to introduce them into the constitution of the executive. It is here too that they may be most pernicious. In the legislature, promptitude of decision is oftener an evil than a benefit. The differences of opinion, and the jarrings of parties in that department of the government, though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority. When a resolution too is once taken, the opposition must be at an end. That resolution is a law, and resistance to it punishable. But no favorable circumstances palliate or atone for the disadvantages of dissention in the executive department. Here they are pure and unmixed. There is no point at which they cease to operate. They serve to embarrass and weaken the execution of the plan or measure to which they relate, from the first step to the final conclusion of it. They constantly counteract those qualities in the executive which are the most necessary ingredients in its compositionvigor and expedition, and this without any counterbalancing good. In the conduct of war, in which the energy of the executive is the bulwark of the national security, everything would be to be apprehended from its plurality.
It must be confessed that these observations apply with principal weight to the first case supposedthat is, to a plurality of magistrates of equal dignity and authority, a scheme, the advocates for which are not likely to form a numerous sect; but they apply, though not with equal yet with considerable weight to the project of a council, whose concurrence is made constitutionally necessary to the operations of the ostensible executive. An artful cabal in that council would be able to distract and to enervate the whole system of administration. If no such cabal should exist, the mere diversity of views and opinions would alone be sufficient to tincture the exercise of the executive authority with a spirit of habitual feebleness and dilatoriness.
But one of the weightiest objections to a plurality in the executive, and which lies as much against the last as the first plan is that it tends to conceal faults and destroy responsibility. Responsibility is of two kindsto censure and to punishment. The first is the most important of the two, especially in an elective office. Men in public trust will much oftener act in such a manner as to render them unworthy of being any longer trusted, than in such a manner as to make him obnoxious to legal punishment. But the multiplication of the executive adds to the difficulty of detection in either case. It often becomes impossible, amidst mutual accusations, to determine on whom the blame or the punishment of a pernicious measure, or series of pernicious measures, ought really to fall. It is shifted from one to another with so much dexterity, and under such plausible appearances, that the public opinion is left in suspense about the real author. The circumstances which may have led to any national miscarriage or misfortune are sometimes so complicated that where there are a number of actors who may have had different degrees and kinds of agency, though we may clearly see upon the whole that there has been mismanagement, yet it may be impracticable to pronounce to whose account the evil which may have been incurred is truly chargeable.
I was overruled by my council. The council were so divided in their opinions that it was impossible to obtain any better resolution on the point. These and similar pretexts are constantly at hand, whether true or false. And who is there that will either take the trouble or incur the odium of a strict scrutiny into the secret springs of the transaction? Should there be found a citizen zealous enough to undertake the unpromising task, if there happened to be a collusion between the parties concerned, how easy is it to cloth the circumstances with so much ambiguity as to render it uncertain what was the precise conduct of any of those parties?
In the single instance in which the governor of this state is coupled with a councilthat is, in the appointment to offices, we have seen the mischiefs of it in the view now under consideration. Scandalous appointments to important offices have been made. Some cases indeed have been so flagrant that ALL PARTIES have agreed in the impropriety of the thing. When inquiry has been made, the blame has been laid by the governor on the members of the council; who on their part have charged it upon his nomination; while the people remain altogether at a loss to determine by whose influence their interests have been committed to hands so unqualified and so manifestly improper. In tenderness to individuals, I forbear to descend to particulars.
It is evident from these considerations that the plurality of the executive tends to deprive the people of the two greatest securities they can have for the faithful exercise of any delegated power, first, the restraints of public opinion, which lose their efficacy as well on account of the division of the censure attendant on bad measures among a number as on account of the uncertainty on whom it ought to fall; and, second, the opportunity of discovering with facility and clearness the misconduct of the persons they trust, in order either to their removal from office or to their actual punishment in cases which admit of it.
In England, the king is a perpetual magistrate; and it is a maxim which has obtained for the sake of the public peace that he is unaccountable for his administration, and his person sacred. Nothing, therefore, can be wiser in that kingdom than to annex to the king a constitutional council, who may be responsible to the nation for the advice they give. Without this, there would be no responsibility whatever in the executive departmentan idea inadmissible in a free government. But even there the king is not bound by the resolutions of his council, though they are answerable for the advice they give. He is the absolute master of his own conduct in the exercise of his office and may observe or disregard the council given to him at his sole discretion.
But in a republic where every magistrate ought to be personally responsible for his behavior in office, the reason which in the British Constitution dictates the propriety of a council not only ceases to apply, but turns against the institution. In the monarchy of Great Britain, it furnishes a substitute for the prohibited responsibility of the Chief Magistrate, which serves in some degree as a hostage to the national justice for his good behavior. In the American republic, it would serve to destroy, or would greatly diminish, the intended and necessary responsibility of the Chief Magistrate himself.
The idea of a council to the executive, which has so generally obtained in the State constitutions, has been derived from that maxim of republican jealousy which considers power as safer in the hands of a number of men than of a single man. If the maxim should be admitted to be applicable to the case, I should contend that the advantage on that side would not counterbalance the numerous disadvantages on the opposite side. But I do not think the rule at all applicable to the executive power. I clearly concur in opinion, in this particular, with a writer whom the celebrated Junius pronounces to be deep, solid and ingenious, that the executive power is more easily confined when it is one; that it is far more safe there should be a single object for the jealousy and watchfulness of the people; and, in a word, that all multiplication of the executive is rather dangerous than friendly to liberty.
A little consideration will satisfy us that the species of security sought for in the multiplication of the executive is unattainable. Numbers must be so great as to render combination difficult, or they are rather a source of danger than of security. The united credit and influence of several individuals must be more formidable to liberty than the credit and influence of either of them separately. When power, therefore, is placed in the hands of so small a number of men as to admit of their interests and views being easily combined in a common enterprise, by an artful leader, it becomes more liable to abuse and more dangerous when abused, than if it be lodged in the hands of one man, who, from the very circumstance of his being alone, will be more narrowly watched and more readily suspected, and who cannot unite so great a mass of influence as when he is associated with others. The decemvirs of Rome, whose name denotes their number, were more to be dreaded in their usurpation than any ONE of them would have been. No person would think of proposing an executive much more numerous than that body; from six to a dozen have been suggested for the number of the council. The extreme of these numbers is not too great for an easy combination; and from such a combination America would have more to fear than from the ambition of any single individual. A council to a magistrate, who is himself responsible for what he does, are generally nothing better than a clog upon his good intentions, are often the instruments and accomplices of his bad, and are almost always a cloak to his faults.
I forbear to dwell upon the subject of expense; though it be evident that if the council should be numerous enough to answer the principal end aimed at by the institution, the salaries of the members, who must be drawn from their homes to reside at the seat of government, would form an item in the catalogue of public expenditures too serious to be incurred for an object of equivocal utility.
I will only add that, prior to the appearance of the Constitution, I rarely met with an intelligent man from any of the States who did not admit, as the result of experience, that the UNITY of the executive of this State was one of the best of the distinguishing features of our Constitution.
PUBLIUS
Source:The Federalist: The Gideon Edition,eds. George W. Carey and James McClellan (Indianapolis: Liberty Fund, 2001), 362-369.
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Federalist No. 78 (Hamilton) – CliffsNotes
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Summary
This section of six chapters deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and related matters.
A first important consideration was the manner of appointing federal judges, and the length of their tenure in office. They should be appointed in the same way as other federal officers, which had been discussed before. As to tenure, the Constitution proposed that they should hold office "during good behaviour," a provision to be found in the constitutions of almost all the states. As experience had proved, there was no better way of securing a steady, upright, and impartial administration of the law. To perform its functions well, the judiciary had to remain "truly distinct" from both the legislative and executive branches of the government, and act as a check on both.
There had been some question Hamilton called it a "perplexity," as well he might about the rights of the courts to declare a legislative act null and void if, in the court's opinion, it violated the Constitution. It was argued that this implied a "superiority of the judiciary to the legislative power." Not at all, Hamilton argued. The courts had to regard the Constitution as fundamental law, and it was, therefore, the responsibility of the courts "to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body." The same should apply to actions taken by the executive.
Analysis
In this essay Hamilton discussed the question of whether the Supreme Court should have the authority to declare acts of Congress null and void because, in the Court's opinion, they violated the Constitution. Hamilton answered in the affirmative; such a power would tend to curb the "turbulence and follies of democracy." But others have disagreed with Hamilton about this. Among those who have wished to curtail the Supreme Court's power to invalidate acts of Congress have been Presidents Jefferson, Jackson, Lincoln, Theodore Roosevelt, and Franklin D. Roosevelt. The issue is still a live one, as is evident from the heated debates of recent years.
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America Won’t Survive If Only The Left Is Playing To Win – The Federalist
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It didnt take long after the shooting in Uvalde, Texas for Americas neo-Marxist left to reignite their full-fledged assault on the Second Amendment.
Before the victims families could even lay their loved ones to rest, calls were being made by some of the countrys most notable Democrats to bar and confiscate certain types of firearms from the American public. Look no further than President Joe Biden, who, in addition to advocating for a ban on rifles like the AR-15, has repeatedly stated that the constitutional rights of Americans are not absolute.
They said a .22-caliber bullet will lodge in the lung, and we can probably get it out may be able to get it and save the life. A 9mm bullet blows the lung out of the body, he said last month. So, the idea of these high-caliber weapons is, uh, theres simply no rational basis for it in terms of self-protection, hunting Remember, the Constitution was never absolute.
Massachusetts Democrat Sen. Ed Markey took his remarks a step further, arguing that his party should pack the Supreme Court in order to ensure that when [Democrats] put gun safety laws on the books they are not overrid[den].
Despite the glaringly obvious intentions to disarm the American citizenry through any means necessary, Senate Republican leadership was more than happy to jump in bed with Senate Majority Leader Chuck Schumer and his merry band of dystopian Democrats to negotiate a compromise on gun control legislation. Released on Tuesday, the bill provides increased funding to state mental health resources, as well as funding for states to implement red flag laws.
As previously noted by Federalist Senior Editor David Harsanyi, red flag laws are ripe for abuse, with authorities in states like California and Maryland able to confiscate weapons merely on the strength of an uncorroborated allegation by family members, coworkers, law enforcement officers, or others without any kind of genuine due process.
Senate Republicans have since faced well-deserved backlash from conservative voters since the frameworks release, with Texas Sen. John Cornynwho spearheaded the negotiations with Democratsgetting booed off the stage at the Texas GOP convention on Friday. In an attack on his own base, Cornyn proceeded to retweet a journalist that quoted the Texas senator as having referred to the upset crowd (many of whom likely voted for him in 2020) as a mob.
Youd think that with recent special election victories and polls indicating a red tsunami in the midterm elections, Republicans would be politically savvy enough to outright reject Democrats assault on Americans constitutional liberties. Such commonsense thinking, however, has always been absent from GOP leadership, who have routinely caved to the left on nearly every major policy issue and worked to stab their base in the back.
Take, for instance, the subject of immigration. In March of last year, when illegal immigration along the U.S. southern border was beginning to skyrocket, a group of congressional Republicans led by South Carolina Sen. Lindsay Graham and Florida Rep. Maria Salazar proposed legislation that wouldve provided a pathway to citizenship for illegal aliens living in the country. As reported by Breitbart News, the plan would have provided green cards to illegal aliens enrolled and eligible for former President Obamas Deferred Action for Childhood Arrivals (DACA) program and gives work visas to the roughly 11 to 22 million illegal aliens in the U.S.
Specifically, the amnesty dubbed the Dignity Proposal would give legal resident status to anywhere from 1.5 to 3.5 million illegal aliens who are enrolled and eligible for DACA. Eventually, these illegal aliens can apply for green cards and obtain American citizenship, the Breitbart report reads.
Immigration is hardly the only issue where Republicans have ceded ground to Democrats. In recent years, the GOP has been complicit in helping Democrats raise the debt ceiling, fund the moronic Covid-19 lockdowns, and confirm Bidens radical, left-wing judicial nominees to the federal bench at a rate not seen since the presidency of Ronald Reagan.
Rather than put up a fight for their voters, many congressional Republicans have instead fallen in line with Democrats, thus helping the latter advance their neo-Marxist agenda and bid to exert greater control over the American populace.
Whether its our politics or our culture, many conservatives often wonder how America couldve reached the point where multi-trillion spending packages and choosing your sex have become normalized. What ever happened to that shining city on the hill that Reagan talked about? How has the left taken so much ground in such a short period of time?
The simple fact is that when only one side is playing to advance their values and ideology using the current framework, society tends to devolve pretty quickly. As a result of weak-kneed Republicans who have refused to fight for the ideals that have defined our country for generations, America has declined into the vapid and increasingly Godless state we find her in today.
Unlike President Bill Clinton, who declared that the era of big government is over after his party experienced tremendous losses in the 1994 midterms, dont expect todays Democrat Party to recant or move to the center on any major political or cultural issue when they get annihilated at the ballot box this November. For the left, election losses are seen as mere temporary setbacks. Democrats know that at the end of the day, the likelihood that Republicans will utilize any congressional majorities to advance or promote a pro-freedom agenda and reverse actions taken by their party is slim to none.
If conservatives wish to reverse this trend, it is incumbent upon voters to either consistently pressure elected Republicans into advancing our principles or throw them out of office if they dont. Any form of complacency will only continue this vicious cycle, wherein Democrats slowly destroy the country while Republicans just sit and watch.
Shawn Fleetwood is an intern at The Federalist and a graduate of the University of Mary Washington. He also serves as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood
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America Won't Survive If Only The Left Is Playing To Win - The Federalist
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Poll: Majority Of Democrats Say Runaway Inflation Is Biden’s Fault – The Federalist
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More than half of U.S. Democrats believe that President Joe Bidens policies caused the nations record-high inflation.
A new poll from Issues & Insights and TIPP found that approximately 53 percent of blue voters blame Biden, his administration, and his agenda for Mays 8.6 percent year-over-year increase in essential goods and services costs that are plaguing Americans.
As a matter of fact, according to I&I, every race, age, income, and education group except for self-proclaimed liberals overwhelmingly felt Bidens policies caused the current inflation mess.
In general, 64 percent of American adults said they think Biden shoulders the responsibility for skyrocketing prices. Of that 64 percent, most (38 percent) said Biden is very responsible and 26 percent said the Democrat is somewhat responsible.
Only 8 percent of those surveyed said they believed Biden was not at all responsible for the countrys economic woes.
Despite Americans widespread belief that the nations money problems were caused by Biden, the White House refuses to take responsibility for them. Biden insists that Russias Vladimir Putin is to blame for record-high gas prices and rising costs in the U.S. but Americans arent buying it.
No matter how many times White House Press Secretary Karine Jean-Pierre lies that the economy is in a better place than it has been historically, Democrats, Republicans, and Independents know excessive federal spending and government-induced supply chain issues are only a recipe for economic disaster.
According to the same poll, approximately two-thirds of U.S. adults said they believed too much federal spending made inflation worse.
Americans disapproval of inflation doesnt bode well for Biden, whose overall average job approval rating currently sits at 39.7 percent. Nor does it bode well for Democrats going into midterms where a majority of Americans say their top voting priority will be the state of the economy.
Jordan Boyd is a staff writer at The Federalist and co-producer of The Federalist Radio Hour. Her work has also been featured in The Daily Wire and Fox News. Jordan graduated from Baylor University where she majored in political science and minored in journalism. Follow her on Twitter @jordanboydtx.
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Poll: Majority Of Democrats Say Runaway Inflation Is Biden's Fault - The Federalist
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Sports Illustrated Is Now A Bullhorn For Attacks On The First Amendment – The Federalist
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Younger readers probably wont comprehend how important magazines like Sports Illustrated were in pre-internet culture. Most sports news wasfound in local papers and in short segments at 10 p.m. on the nightly news. Sports Illustrated was oftenthough, periodically, competition would pop upthe sole venue in which a sports fan could find deeply reported, well-crafted features and profiles, not to mention often-remarkable photography (the swimsuit issues, naturally, sold best). The magazines circulation hit around 3.5 million in the mid-1980s, with another million copies being bought on newsstands.
In my late 20s, I brieflyworkedfor the company (well, the website, which was then called CNN/SI.comperhaps a portend of terrible things to come), where I occasionally interacted with one of my writing heroes, Frank Deford. What a dream it was. I would have done it for free. I guess I almost did.
Ive largely ignored the magazine for the past decade or so, not for any philosophical reasons or any animosity, but with all the choices it simply fell off my radar. But after running across an astoundingly nonsensical pieceheadlinedWhen Faith and Football Teamed Up Against American Democracy, Im glad I did.
Ostensibly, the feature is about Kennedy v. Bremerton School District, a SCOTUS case regarding a school district punishing a football coach named Joseph Kennedy for a 30-second silent prayer on the 50-yard line after every game. The pieces subhead describes the case as so:
The U.S. Supreme Court will soon decide the case of a football coach at a public high school who was told he wasnt allowed to pray on the field in front of players. The expected result is a win for the coachand the further erosion of the separation between church and state.
In frontof players? Can you imagine? How will our brittle democracy survive an open display of religiosity? Greg Bishop, who could easily have written this piece for The Nation, offers no explanation of how a prayer is eroding separation of Church and State. Even this atheist, after all, understands that the Establishment Clause doesnt ban praying in public placesnot in schools, and not even in Congress, where prayers are recited before every session.
Bishop anoints Rachel Laser of Americans United for Separation of Church and State his proxy, allowing her to frame the debate over Kennedy in the most preposterously hyperbolic, partisan terms imaginable, even though the only thing her organization excels at is losing cases. The bad-faith retelling of Kennedys story is crammed with partisan platitudes about democracy being under attack on issues like voting rights, LGBTQ rights, and the potential overturning of Roe v. Wade.
Now, its unimaginable that a major publication would allow areporter to throw around phrases like voting integrity, religious freedom, and protecting the life of the unbornwithout quotation marks intimating that the ideas arent realand thats probably always been the case. Though the piece brings upRoethree times, no one explains how a court (concerned solely with the constitutionality of laws) is undermining democratic institutions by giving abortion rights, unmentioned in the Constitution, back to voters. Washington State, home of Bremerton High School, sadly, will not be restricting abortion any time soon.
In any event, Bishop also uses appeals to authority, tapping independent scholars or legal experts who hold no vested interest in the outcomeone of the only names offered isconspiracy theoristLaurence Tribe. He warns readers about the nefarious, big-money forces propping up Kennedy. First Liberty($7,255,961in assets), writes Bishop, is a powerful Christian conservative law firm, part of apowerful right-wing machinepowerfulis the key word herewhile Americans United for Separation of Church and State($11,141,577in assets, not counting in-kind contributions from places like the Meredith Corporation, which has $6.727 billion in assets), are simply terrified and transported to an alternate universe of disinformation and propagandaand, in that world, even democracy is in danger.
Disinformation? Its all just progressive mad libs. Thats what happens when democracy is a euphemism for achieving political ends in whatever fashion happens to be convenient. Sometimes, when the numbers are there, it means crass majoritarianism and centralized federal power; and when the numbers arent there, it can mean compulsion or a court dictating rights by fiat.
In this case, a school district, not the coach, is attempting to limit speech. There is no prohibition on praying in public institutions. Such a prohibition has never existed. Any scholarand Bishop claims to have spoken to many for the piecewho claims that the Constitutions authors would have found the act of kneeling after a competition perilous to foundational American ideals is a complete fraud. Then again, When Faith and Football Teamed Up Against American Democracy is a microcosm of the incurious activism that dominates journalism these days. Its one thing to put up with relentless bias thats infected virtually every area of mainstream culture, but another to see once-respected magazines putting out such banal, predictable propaganda.
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Sports Illustrated Is Now A Bullhorn For Attacks On The First Amendment - The Federalist
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Border Dispatch, Part II: ‘The Cartel Controls Everything Here Now’ – The Federalist
Posted: at 12:35 pm
MATAMOROS, Mexico Its easy to find gut-wrenching stories at the border. Ask almost any migrant you meet in northern Mexico and youll hear about the violence and hardships they endured to get as far as they have.
Alba Luz Perdomo, for example, fled Honduras with her husband and 13-year-old daughter after a gang killed her brother and threatened to kill them too. But that was just the beginning of their troubles.
They were forced to leave a farm where they had been working in the southern Mexican state of Tabasco by locals who told them foreigners werent welcome. In Monterrey, Perdomos daughter was nearly abducted by their landlord. They sought help from a man claiming to be a pastor in Matamoros, but who turned out to be a human trafficker and kept the family in his house for 20 days before they managed to escape.
Now theyre living in a migrant shelter in Matamoros, just across the river from Brownsville, Texas. But theyre afraid to leave the walled compound of the shelter because the local cartel keeps trying to recruit her husband. Perdomo says she doesnt want to cross the border illegally, but doesnt know what to do. Im asking God to do something, she says, because this is horrible.
Alba Luz Perdomo recounts her familys harrowing journey through Mexico to Matamoros.
Its impossible not to feel sympathy for this woman and her family. Their story is shockingly commonplace among migrants stuck in Mexican border towns like Matamoros and Reynosa, where I recently traveled with a pair of colleagues, Emily Jashinsky and David Agren, to better understand the ongoing border crisis. (Read part one of this series here.)
But too often, sympathetically conveying these stories many of which are impossible to verify is the extent of the medias coverage of the crisis. It makes for a compelling read and, especially when President Donald Trump was in office, a just-so morality tale complete with villains and victims and a heroic struggle for justice. For left-leaning reporters, it confirms all their prior assumptions about the anti-immigrant bigotry of Trump and his supporters, and the bravery and nobility of the migrants (and, by extension, of themselves).
Of course, such biased coverage has the effect of obscuring the causes of the crisis and clouding our understanding of how its playing out. But looking beyond the personal stories of hardship and suffering we usually see in the corporate press and beyond the outrage-driven coverage we often see in conservative media we can discern the outlines of an entire black market industry around illegal immigration thats been created and sustained by U.S. border policy, which cartels and smugglers are using to enrich themselves at the expense of migrants and the American people alike.
Consider the story of Ramon and his wife Veronica and their two-year-old daughter. They left Nicaragua, Ramon told us, because of poverty. We spoke to them on a recent weekday afternoon at the Catholic Charities Humanitarian Respite Center in McAllen, Texas, where U.S. Immigration and Customs Enforcement drops off nearly everyone it discharges from federal custody in that area. They had just been released that morning along with about 70 others.
Their story, like many others on the border, is terrifying. When Ramon and Veronica and their daughter reached Reynosa, their bus was stopped at a cartel checkpoint and they were asked for a code. (When migrants pay off the cartel they get a code. Thats how the cartel keeps track of whos paid and who hasnt.)
They hadnt paid and didnt have a code, so the cartel kidnapped them and took them to a stash house with a bunch of other families. Ramon says the house had no water, no food, no electricity. They were held there 10 days, until family members back in Nicaragua were able to get together $3,000 (a thousand for each of them) and pay the cartel tax.
Veronica and Ramon and their daughter at the Respite Center In McAllen, Texas.
After they paid, they were taken over the river by boat, picked up by Border Patrol, and were released a few days later on humanitarian parole. In this case, they were released on parole through arelatively recent bureaucratic innovation designed to streamline the processing of illegal border-crossers and prevent overcrowding in federal detention centers.
They say they were only asked for the address and telephone number of their destination. ICE discharged them with a sheaf of documents that allows them to travel inside the United States which theyll need to do, because they were also given a date, 30 days out, to report to an ICE office in central Washington State, where theyre headed.
What they dont have is a court date or work permits. For whatever reason, their parole documents, which they showed us, did not include a work authorization number. This concerned them greatly, as it did most everyone we spoke with at the Respite Center who didnt have work authorization.
The irony is that Ramon and Veronica, if their story is true, might actually have a compelling case for political asylum. But they seemed far less concerned with filing an asylum claim than with getting a hold of work permits.
The two are in fact connected. If you successfully file an asylum claim, you also get authorization to work in the United States while the case runs its course, which, because immigration courts are so backlogged, now takesalmost five years. This is one reason so many illegal immigrants arrested after crossing the border are claiming asylum. Even if they have no chance in court, they can work in the United States in the meantime and send money to their families back home. For many migrants, thats the ultimate purpose of crossing the border in the first place.
But there are other ways to get authorization to work besides filing an asylum claim. We spoke to a group of Haitian men at the Respite Center who had all been released under a slightly different iteration of humanitarian parole. Their paperwork differed significantly from Ramon and Veronicas. Not only did these men have authorization to work, they had court dates for removal proceedings that were months away, some more than a year. A staff member at the Respite Center told me she had seen court dates for removal proceedings (not asylum hearings) as far out as 2026.
The bureaucratic morass these people are pulled into upon crossing the border is dizzying. Even for an American citizen and a native English speaker, its hard to follow. No wonder the reality of U.S. immigration policy gets distilled down to a few essentials on the south side of the Rio Grande.
What most migrants there believe is in fact the truth, more or less: if you can get across the Rio Grande, you will probably be allowed to stay. Under what conditions and for how long is not as important to them as crossing the border and getting released from U.S. custody, preferably with permission to work.
Because of this, smuggling networks and cartels are able to collect massive revenues from migrants, knowing that once inside the United States they will be able to earn far more than they could back home or in Mexico. Thats why, for example, the cartel that kidnapped Ramon and Veronica held them until family members back in Nicaragua came up with a cash payment of three thousand dollars.
Those family members no doubt went into debt with local loan sharks to come up with the money, as migrants families are often forced to do. But if Ramon and Veronica can get into the United States and start working, it will ultimately be worth it. For some migrants stuck in northern Mexico, failing to get into the United States isnt an option; if they dont get in and start working, their families back home will never be able to repay the loan sharks.
Haitian migrants wait near the international bridge in Matamoros to meet with immigration lawyers.
This is dynamic now all up and down the border. Indeed, its hard to overstate the extent to which illegal immigration has become an industrial-scale, international smuggling black market that operates according to these incentives.
In Matamoros, Pastor Abraham Barberi, who runs one of two migrant shelters in the city, told us that back in 2019, when some 3,000 migrants were concentrated in a sprawling encampment near the international bridge, the cartel came in and made every person there pay a tax. The cartel made a lot of money off that, Barberi told us. A lot of money.
The 54-year-old pastor has been working in Matamoros for more than 20 years, and personally knows many members of the cartel here, which he says controls everything here now, including the police and the municipal government. Even the predominantly Haitian migrant community, we were told, has been infiltrated by the cartel as a way of keeping track of newcomers. (As if to underscore the point, a few days after we left town the cartel imposed blockades along main roads in Matamoros and set fire to a bunch of vehicles, supposedly in retaliation for the arrest of a Gulf Cartel boss.)
They know youre here, Barberi tells us at one point, but quickly adds that were safe, not to worry. They wont bother you because they dont want trouble with the U.S. government, or any foreign governments. He says the cartel leaves him and his shelter alone, not just because they know hes doing good work but because hes not trying to profit off the migrants in his care.
If we were doing something illegal with the migrants, or we were charging them to stay here, collecting money, profiting from them, the cartel would be here in a heartbeat, he says, snapping his fingers for emphasis. They would want a part of it. But they know were not doing that. I have asked thecoyotes[smugglers] please, dont do business here, do it over there. And they respect that.
At the same time, Barberi adds, when the cartel-affiliated smugglers want customers, they know where to find them. In a sense, their business is right here. They dont have to go around looking for them.
Its not just cartels in border towns that see migrants as potential customers, its also Mexican officials in the countrys interior. Miguel, a Salvadoran taxi driver who came to Reynosa with his wife and three kids, relayed a common story we heard from others in the shelters: that on the bus ride north, when they reached Monterrey, uniformed and armed federal agents boarded the bus and asked everyone for their papers. Miguel and his family had none, so the agents demanded payment.
Variations of this story are common. Sometimes its not federal agents but state police or cartel gunmen. What emerges, though, is a picture of official corruption at every level of Mexican society that enables hundreds of thousands of migrants to transit through Mexico each month and arrive at the U.S.-Mexico border. Its a massive and lucrative business.
Every aspect of illegal immigration has been monetized, including information and often outright misinformation. Barberi told us he found out recently that his name, address, and phone number were being sold for a thousand dollars in Central and South America by people claiming that if migrants could just get to Barberis shelter in Matamoros, he would take them across the border.
Now, Barberi tells arriving migrants right away that no one at his shelter is going to take anyone across the border. Often, he says, they also think theres a list they can get on to get into the United States. Barberi tells them there is no list, it doesnt exist. He says he wishes the U.S. government would make a video explaining all this and post it to social media, to deter people from coming. He has repeatedly asked the U.S. consulate to do this, to no avail.
But even if such a video or PR campaign existed, it would be going up against the personal testimony of hundreds of thousands of people who are crossing the border illegally and being released into the United States every month. There is nothing the Biden administration can say, no message it can send, that refutes the tangible results of its policies: people are getting in, and they are staying.
The Respite Center where we met Ramon and Veronica only allows migrants to stay 24 hours. Hundreds of people churn through there every day. Even those like Ramon and Veronica, who said they had no money left to travel to Washington state, will soon move on, somehow. Veronica told us they were waiting to see what will happen, that a friend in Washington might loan them the money for airfare, and that throughout their ordeal, We have always trusted in an all-powerful God.
John Daniel Davidson is a senior editor at The Federalist. His writing has appeared in the Wall Street Journal, the Claremont Review of Books, The New York Post, and elsewhere. Follow him on Twitter, @johnddavidson.
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Border Dispatch, Part II: 'The Cartel Controls Everything Here Now' - The Federalist
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