A Lawless Party

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Recalled San Francisco DA Chesa Boudin
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San Francisco poop map

Early morning Wednesday (6/8/22), a California man was arrested with weaponry and break-in tools to assault Justice Brett Kavanaugh in his home.  Surprised?

Tuesday (6/7/22), San Francisco DA Chesa Boudin was recalled (i.e., removed from office) by a vote of the people in the city.  Much of the city’s disorder, filth, and crime wave was attributed to him and his platform of “restorative justice” and “ending the carceral state”, which meant that he claimed the power to pick the laws that he was going to enforce and not enforce, and how.

What do these two incidents have in common?  Both of them are indications of the lawlessness of the Left and its institutional avatar, the Democratic Party.

Lawlessness doesn’t stop at Boudin or a failed assassin.  We’ve known for quite some time that public tirades by public figures purposefully instigate the unhinged.  They’re invitations to lawlessness.  Maxine Waters, Elizabeth Warren, Chuck Schumer, and others of the donkey party’s hierarchy have incited campaigns of intimidation of those who disagree with them.  No wonder that in 2017 a Bernie Sanders supporter, James T. Hodgkinson, marched onto an Alexandria, Va., baseball field and shot five Republican congressmen.  No wonder that Sarah Huckabee Sanders, Mitch McConnell, and Ted Cruz couldn’t enjoy a family meal at a DC area restaurant without facing a mob’s verbal fulminations.  No wonder that 2020 would be known as The Year of Living Dangerously when America’s urban centers were turned into stage sets for Escape from New York or Escape from Los Angeles (to continue the movie metaphor).  And Brett Kavanaugh was targeted by an assassin for daring to think that abortion is a matter for the states and not DC potentates.

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Nicholas John Roske (l) arrested for preparing to assault Justice Brett Kavanaugh in his home.

Ironically, and quite a hoot as well, it’s the Democrats who are blindly wedded to the idea of law as cure-all.  Think about it: have poverty, pass a law to spend money.  Have school problems, pass a law to spray more money their way.  Have “gun violence”, pass a law.  And problem solved, or so they think.  Though, it must be admitted, they’re great about spending money but not so great about enforcement.  So, we end up with inflation, bloated budgets, and a breakdown of civilization.

Take their response to the Uvalde shooting.  They trot out their prepackaged, 30-year-old talking points.  It’s chock full of the same gun bans, regulations, and onslaughts on business.  For them, it’s a simple matter of passing a law and then meeting after work for libations.  Their great for “universal background checks”, for instance, but violations of the existing checks are rarely prosecuted.  I suspect that it’s because either prosecutions would create more serious injustices – which says a lot about the inherent wisdom of the law – or a good chunk of the perps don’t fit the preferred profile: too many “people of color”, too few people without color.

A 2017 GAO report on the status of the federal government’s background check system found massive non-enforcement.  Of the 112,000 documented cases of prohibited buyers stopped by the system, only 12,700 were even investigated, and of that number, 12 were prosecuted.  Pass a law, spend money to set up the system, hire the personnel, and then don’t bring the miscreants to court.  Surely, there must be more than 12 of the 112,000 deserving of a date before a judge.

Law without enforcement is no law at all.  There exists a law that bans intimidation in the administration of justice, like what is happening on the sidewalks and streets outside the homes of six Supreme Court justices.  The use of anything but the law in the provision of justice is expressly banned in 18 U.S. Code, Section 1507.  Unlike most of the 1,000-plus-page gibberish that frequently emanates out of the Democratic caucus, this law is unmistakably clear:

“Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.”

For the constitutionally dense, 1507 is the statutory means to implement the Constitution’s equal protection and due process clauses.  Look them up.  Nowhere do public demonstrations have a role in their application.

Why does AG Garland refuse to enforce 1507? Simple, it’s politics.  The Dems demand a particular result in an abortion case before the Court and are willing to turn a blind eye to the law. In effect, 18 U.S. Code, Section 1507 just disappeared from the federal code.  It’s been relegated to the same purgatory where you’ll find many federal, state, and local provisions on rioting, public indecency, theft, burglary, assault and battery, sentencing guidelines and laws, etc., etc.  Garland and local DA’s like George Gascon and Chesa Boudin see themselves as mini-legislatures to make and unmake statute as they please.  It’s grotesque, and so are our streets and public spaces.

Lawlessness appears to be a key Democratic Party doctrine.

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RogerG

*Read Kevin D. Williamson’s excellent piece on the federal background check system.

Batty Elites at Davos 2022

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A gathering of eminences at Davos 2022.

In a previous post, I complained of the embarrassingly poor quality of our current elites, calling them dunces.  The latest gathering at the World Economic Forum in Davos is proving the point.  Their prattle was full of advocacy for a distasteful future.  Snooping from outside and within our bodies, lifestyle controls in minute detail, living on less, and an overall abysmal existence, while calling it progress, were an important part of the gaseous blather.  Of course, don’t expect these people to relinquish their private jets, mansions, and second-home paradises.

La Rochefoucauld once said that hypocrisy is the tribute vice pays to virtue.  I rework the aphorism for the present moment: hypocrisy’s tribute is actually the price the rest of us must pay for living their conscience.

Absurdities rolled off their tongues in an endless parade at Davos.  Pfizer CEO Albert Bourla, in glorious rapture, spoke of swallowing pills with chips to alert God-knows-who about what passes through our digestive tract.  The complete lack of self-awareness was astounding.

Indeed, an absence of self-awareness is at epidemic levels among these plutocrats.  China’s multinational Alibaba Group president J. Michael Evans talked of an “individual carbon footprint tracker” to monitor everything from our kitchen cupboards to our travels to the multiplex.  Stalin would be proud.  Xi is beaming.

That grand eminence, Microsoft CEO Satya Nadella, was gushing in his praise of artificial intelligence as a “co-pilot of every cognitive task”.  Is he so certain that it will make us better or just more controllable?  The possibilities are endless in the campaign to eradicate the next class of kulaks, or the Joes and Jennies who love RV’s.

The luminaries at Davos preened each other with prognostications of growing veganism and the eradication of borders.  The sanctification of German industrialist Klaus Schwab as the patron saint of the Great Reset – which is a Soviet Gosplan for our future – proceeded apace.  Make no mistake about it, this is a totalitarianism of smiley faces in expensive suits.

They are billing themselves as Plato’s philosopher kings, but are proving to be the latest gaggle of fat cats with an unbounded yearning to be taken seriously on matters beyond their ken.  Every time that they gather and open their mouths, they are proving that they don’t deserve it.  Please, go back to your c-suites and do what you do best: make oodles of cash for spreading prosperity. Prosperity isn’t a dirty word. Drop the hectoring nanny routine.

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*Kudos to Michael Brendan Dougherty for inspiring this piece.

RogerG

A New Normal, And a Frightening One at That

Santa Rosa resident who used his 2013 Nissan Leaf to power his house during a four-day blackout in Santa Rosa, Calif., as a result of the Kincade Fire. (photo: Vanessa Romo/NPR)

Surely, this wasn’t the intent of the article (here), but any sentient being could imagine the horrors of an EV world with California’s electricity grid.  Remember, the clowns running the state are ecstatic about EV’s but absolutely moronic about the generation of electricity.  They seem to be saying, “Hey, go buy one [$40,000 -$60,000] but your charging station will be dependent on the vagaries of the sun and wind, or the combustible, matchstick forests that could flare up at any time.  No nuclear power for you.”  Go figure.

The reporterette (Vanessa Romo) blithely treated the problem of finding charging stations during blackouts and raging forest fires, a recurring theme in California’s present and probable future, as another wholesome family adventure.  One guy was confronting the raging Getty Fire and luckily found an answer to charging his Chevy Bolt from a Facebook group.  Since the fire is busy destroying the grid, his hookup to Facebook must be through his phone.  That means an operative cell tower nearby, not destroyed by fire, with power, and in range and with an unobstructive path to his phone.  What happens if the charge on his cell phone is as low as his Bolt?  What happens if cell reception is spotty or nonexistent?  This is a theater of the absurd.

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Venessa Romo of NPR
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California’s Getty Fire, 2019.
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The Holy Fire (2018) in Orange and Riverside Counties comes close to communication towers.
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California blackout

Another Sonoma County resident was praised for the “ingenious” use of his Nissan Leaf in an area ravaged by the Kincaid Fire.  The subsequent blackout forced him to resort to his Leaf as a generator.  Board certification for brain surgery isn’t required to figure out the massive problems with this “advantage”.  Using the car as a source of electricity for the house depletes the car battery.  This option only works if a charging station with a functioning grid hookup or global-warming fossil fuel generator is nearby.  A charging station could be, but the other prerequisites might not be.

By the way, the inverter used in turning DC into the AC for his house could be employed just as well, maybe better, with a Ford-450 Diesel truck, a vehicle more useful than a glorified golf cart.  A Leaf, or some such, isn’t necessary for that purpose.  So, what’s the benefit for being forced to live in an EV world?  You are being shoved into such an existence for no good reason.

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Ford F-450 diesel

 

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Nissan Leaf charging up.

The truth of the matter is that the whole charade is pure political theater.  Concoct a catastrophe, stampede the public into mistakenly believing that the family sedan is the problem, declare unremittent war on fossil fuels, bribe and punish worker bees with artificially inflated fuel prices, close down the two remaining nuclear power plants, make your public lands combustible nature preserves writ large, and make the whole contraption reliant on the most expensive and unreliable grid in memory, and you too can enjoy the “new normal” of an asylum that calls itself a state.

Get real!  Are these people crazy, or what?

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RogerG

More Bad News If You’re Woke

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The tenor of the times in today’s California in this protest march in the state from 2018.

The Great Skedaddle once referred to the flight of the Union Army from the battlefield in First Bull Run in 1861.  No longer.  Many cities and states have opted into the woke revolution . . . and people are fleeing, a Great Skedaddle II.  What’s more, if we shifted the census from a mid-2020 counting to mid-2021, California would come close to losing 3 seats in the House of Representatives instead of the one.  It’s the same in nearly all jurisdictions where Antifa and BLM appeasers reign supreme.

The official census is a centennial affair, but the bureau does annual estimates based on a continuing stream of data.  And as a result, it gets worse for blue America.  From mid-2020 to mid-2021, 10 states grew by 1% or more; eight are essentially red states.  The other two (Delaware and Nevada) have maintained mostly friendly tax regimes in spite of, not because of, Dem dominance, when compared with their high-profile political cousins who routinely vote Democrat by double digits from their bi-coastal, metropolitan enclaves.

Some of the biggest losers are what you’d expect: California (-.76%), New York (-1.81%), Illinois (-1.1%), and Washington, D.C. (-2.83%).  Some lost because of the continuing trend of the hollowing-out of the Rust Belt, which is slowing.  Where it is accelerating can be pinpointed by county numbers.  Manhattan (New York County) lost 6.9% over the one-year period; San Francisco down 6.7%; San Mateo dropped 3.5%.  King County, Washington State, the home of Seattle, et al, and the mother lode of lefty votes, took the biggest step backwards in the state.  With few exceptions, the county metro areas that grew the most are found in Idaho, Florida, Texas, Utah, and South/North Carolina.

An aerial view of today’s Manhattan.

One more interesting aspect to the story: states bordering California are magnets, with the exception of Oregon, thanks to the radical-Left dominance of the Portland/Willamette Valley urban corridor.  Nevada did well, but the flight pattern’s sphere of influence extends to Arizona, Utah, Idaho, and my own western Montana.  Most of these states would come close to gaining an additional House seat if the count was held just one year later.

Indeed, the pandemic is a contributing factor, but not the sole cause of this trend.  COVID ripped off the scab of a festering wound.  The population hemorrhagers were more commonly the most zealous in their regulatory suffocation of lives and livelihoods.  Then, they go off into climate-change hysteria, transgenderism, slashing police budgets, and a racist Anti-racism crusade.  Their schools and urban spaces became open sewers riddled with crime.  What’s there to like?

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Let this be a warning to woke corporate boardrooms: you’ve been betting on the wrong horse.  Boycotting states over election laws and protections for girls’ sports, and ads showing your fidelity to the cultural Left, is not a winning strategy.  People who vote with their feet are also more inclined to vote with their dollars.  Disney, rethink your opposition to parental rights. Your stand may sound glorious in your corporate boardroom, gated community, or lunchroom, but the commoners have a profoundly different take.

Please read the source article for this post here.

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RogerG

Good God, Is California Seriously Considering the Legalization of Infanticide?

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At the risk of violating the third commandment, good God, what is California thinking?  In a recently introduced bill (AB 2223), California could be on the verge legalizing the killing of newborns.  I’m pro-life but also aware of the political complexities of the abortion issue and the need for compromise.  But this is madness!  Absolutists can be demented, and these abortion Robespierres are proving the point.

Yes, the Democrats are quickly turning into abortion Jacobins.  Instead of marching political moderates and monarchists off to the guillotine in days of yore, it’s the youngest of our children, the most helpless among us.  The DC Democrats, hiding behind their euphemistic Women’s Health Protection Act, want to strip the parents out of the picture by federal statute when it comes to abortion and their minor children.  Now, in the deep blue state of California, it is proposed that the abortion “right” be extended to those babies who successfully exited the womb.  This ghastly act is decriminalized by an explicit prohibition of any legal action (investigation or prosecution) against anyone regarding a “pregnancy outcome” and “perinatal” and “postpartum care”.  What’s that mean?  If a baby ends up dead, there’s no way to determine the reason.  All that’s left is to cart off the little lifeless body.  The super majority in the California legislature is working overtime to earn a spot next to Josef Mengele and his Auschwitz medical staff in the deepest level of Hell in Dante’s Inferno.

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We already know that Governor Newsom is a booster of abortion tourism as the state’s next big hospitality industry to add to Disneyland and Knox Berry Farm.  Yet, the killing of babies to replace the hit to the state’s coffers from business and middle-class flight seems like a bit of a moral stretch.  No, it’s too hideous to even think, let alone legislate.

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RogerG

There’s Too Much at Stake

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Ketanji Brown Jackson

There’s too much at stake in today’s omni-powerful Supreme Court to let resumés be the gateway to a lifetime appointment.  The narrow emphasis on “qualifications” has led to the domination of a cramped, elite clique from Harvard and Yale – eight of the nine went to the two Ivy Leaguers.  This alone is immensely troubling.  The Court has garnered unto itself too much power to allow only two insular academic monasteries to potentially take away our property and ruin our public spaces with needles, feces, and violence.

Today, Sen. Collins announced her support for Ketanji Brown Jackson (KBJ), the possible latest addition to the ever-growing Harvard faction on the Court.  Here’s the mental trap of Sen. Collins and many others in the Senate who have embraced a rationale that results in the monopoly status of the two east coast campuses, in her own words:

“In my view, the role under the Constitution assigned to the Senate is to look at the credentials, experience and qualifications of the nominee.  It is not to assess whether a nominee reflects the individual ideology of a senator or would vote exactly as an individual senator would want.”

Ever since the American Bar Association (ABA) was given a back channel in approving Court nominees (since the 1940s or 50s), a few ideological zealots of the kind that spill out onto our streets as raging mobs and into comfortable socio-political sinecures get the power to dictate to us who shares a locker room with our daughter, so long as they show the “prestige” of an Ivy League pedigree.  Wallowing in the exclusive socio-political world of the Acela corridor is no longer considered a weakness but a strength for a majority in the Senate and the cadre running the ABA show.

Au contraire, Sen. Collins, ideology now matters a great deal.  The battle lines are between originalists and the Living Constitution devotees.  Making the Constitution a living thing means a form of interpretive evolution defined by the Left, the ethos of our campuses.  A living Constitution is an anti-Constitution, no need for amendments, a legislature, or executive action – you know, the popular sovereignty arenas.  KBJ is fully marinated in this anti-law version of law.

Don’t blame me for the oxymoron.  Ideological acolytes like KBJ actively try to press it on us.

For the citizenry, we are reduced to quietly waiting for another ruling to stretch “equal protection” to cover who shares a school’s bathroom with our young daughters.

It’s gotten that bad.  If the NCAA can betray our daughters, so can the courts.  Both of them are a reflection of the college campus, and increasingly only two of them.

Please watch the CSPAN interview of Benjamin Barton, author of The Credentialed Court (click on the image).  He adds the concern about an expertocratic groupthink on the most undemocratic, authoritarian branch in our government.  In the program, watch for the near-uniform experience of having lived and worked as an adult almost exclusively in the geographic isolation of Washington, D.C., on today’s Court.  For a lighter note of real diversity of experience on an earlier Court, listen for the description of Justice Byron White (JFK appointee). Fascinating, absolutely fascinating.

But let’s not forget, diversity of life experience as advocated by Professor Barton is secondary to ideology since one of the philosophical contenders, the living constitution, is such a grave threat to our way of life.

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Porfessor Benjamin Barton, U. of Tennessee, and author of The Credentialed Court.

RogerG

Stop the Politics in Everything, Literally Everything

Please watch the clip of political sloganeering in March Madness:

I love March Madness . . . until this year.  Today, the c-suites managing the tournament from their metropolitan lairs gave us a steady diet of messaging, or what is often called “virtue-signaling”.  It’s simply revolting to find almost everything polluted with not-so-thinly-disguised political messaging.  With the tournament as a backdrop, you can see it on everything from the team warm-ups to the litany of ads punctuating every broadcast.  This isn’t basketball.  It’s the same monotonous, droning sermon in the church of the woke revolution.

We are pummeled by “Black Lives Matter” (and its companion, “Stop Racism”) which, by the way, was worn by the players of the tournament’s “Cinderella” team, St. Peters.  Nothing new here.  The banality has been with us since neo-Marxist hooligans started chanting “Pigs in a blanket, fry ‘em like bacon” in 2014.  What does the slogan mean?  Simple, and it’s not the obvious.  If we were limited to the direct meaning of the words, it would be the equivalent of “Breathe” on the St. Peters’ t-shirts.  The slogan is the crowd favorite of revolutionaries for a reason.  It pushes the same tired, worn-out oppressor/oppressed gag.  The real meaning: a state takeover of life by us (Antifa, BLM, Inc., snotty upper-middle-class whites, college ASB’s) is essential to make “Black Lives Matter”, and the lives of all the other identity clients in our sloganeering repertoire.  It’s revolutionary theater.

Not content with that, we get walloped by ads from the NCAA, Buick, and Adidas.  The point in the NCAA commercial is a pure inanity.  They are committed to “opportunity” for “all of us”.  Well, if they weren’t, they’d be sued.  What’s new here?  Virtue-signaling.  The NCAA’s corporate bigs are saying that they aren’t like those yahoos at Trump rallies.  They don’t discriminate . . . in sports that have to discriminate, as in distinguish between winners and losers.  To get around the reality that not everyone gets a trophy, they inundate us with images of the Supreme Court’s “protected classes”, as if there is a shortage of black players on basketball teams.  Do we really have to be constantly reminded, going back decades, that Title IX commands equality in sports, that there exist women basketball players?

They do the “opportunity” schtick to such an extent that they’ve created real opportunities for men to compete on women’s teams.  Can’t make a go of it on the men’s team, jump over to the woman’s pool after pumping up on estrogen and announcing that you feel like a woman today, thanks to the NCAA.  So much for opportunities for women . . . while expanding opportunities for men.

Car companies juice-up their commitment to the revolution by playing the statistical-disparity game.  Going to a break during a timeout, Buick prints across your tv screen, “Over 40% of athletes are women, but they get 10% of the media coverage”.  The ad continues, “Buick is committed to raising that percentage.”  In actuality, they mean, shame on you, the viewers, for finding men’s basketball more interesting than women’s hoops.  Bluntly put, that’s the rub.  They, of all people, should know that ad exposure and expenditures closely track Nielsen ratings.  Dah!

As for “raising that percentage”, Buick apparently believes that the natural human preference for watching excellence in greater physicality in speed, strength, and agility can be reshaped by c-suite decisions to spend more of the shareholders money on social engineering.  Is Buick selling cars or militant affirmative action?  Could the money on that ad campaign be better spent on improving Buick’s competitiveness with Toyota?  Shareholders are indicted for letting them get away this.

And then we got Adidas’ ditzy ad offering (see below).  They’re all-in for the trans agenda, the freedom of trans women to compete.  And shame on you for not relishing the thought of your daughter sharing swimming lanes and a locker room with a woman with male genitalia.  Are these folks selling shoes or gaslighting us into ignoring our lyin’ eyes?

For once, can’t we just sit down and enjoy the performance of exquisitely trained athletes and great coaches without the constant clamor of how committed the c-suite is to lefty politics?  We need a separation of politics from athletics in much the same manner as some have constructed an impenetrable wall separating church and state.  If we can ban the post-game prayers of football players and coaches, we ought to be able to keep the inane political opinions of billionaire athletes and c-suite execs from spoiling the fans’ experience.

For me, once again, I’m done with the whole sordid mess.  They just made my time better spent in my garage working on the MGB and reloading cartridges for sport shooting.  Please, stop the politics in everything, literally everything.

RogerG

Critical Race Theory Is in Our Schools, Big Time!

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Randi Weingarten, head of the American Federation of Teachers, on July 6, 2021: “Let’s be clear: critical race theory is not taught in elementary schools or high schools.”  Not only is this statement not true.  It borders on a lie.  CRT and its ideological home in critical theory are ingrained throughout teacher training programs and much of the college curriculum.  No “CRT 101”, but it’s everywhere in college instruction and course syllabi.  Young adults come out of the colleges marinated in the stuff and into your child’s classroom.

Pease read a study on CRT in teacher prep programs by the James G. Martin Center for Academic Renewal (JMC).

In the late 1970s when I went through teacher training at UC, Santa Barbara, John Dewey’s “child-centeredness” – synonymous with the inmates running the asylum, make no mistake about it – was all the rage with “democracy in the classroom” and “values clarification”.  Forget about the nuts and bolts of delivering curriculum and maintaining order.  Instead, we got expositions on message therapy and hypnosis in helping us to discover our “true teaching selves”.

Turning to the 1980s, the field of education was polluted with “cooperative learning” (Marxism as pedagogy) and Howard Gardner’s “multiple intelligences” (a falsehood to make people believe that everyone is equally smart).  Today, it’s another neo-Marxism in full flower.

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Randi Weingarten, AFT head, vows legal action against parents for challenging CRT in schools at press conference in July of 2021.

The JMC study found, low and behold, topping the course reading lists Gloria Ladson-Billings, who pioneered back in 1995 the injection of the neo-Marxist CRT into pedagogy.  She’s an Ed prof’s favorite.  Also, right alongside her as another crowd favorite in the faculty lounge is Paulo Freire and his unabashed “critical pedagogy”.  It’s a scandal, and a profoundly neo-Marxist worldview.

As a teacher of almost 30 years, I’ve been there as these corrosive ideologies wash over the teacher candidate.  Unless you are inoculated by a rock-solid set of beliefs, the poison will creep into your mental framework, lying there as a lurking suspicion that the “system” is rigged against the “oppressed”.  The whole theoretical mishmash is great if your goal is revolution.  What better way to train little Lenins for a new Bolshevik Revolution?

Don’t kid yourself in hoping that private, parochial, and a better neighborhood makes a difference.  I’ve seen the same colleagues teaching out of the same textbooks with the same approaches in all three settings.  The students might be more well-mannered and better dressed, but it’s the same crap washing over them as it washed over their teachers in all-too-many instances.

Parents, don’t be cowed by the lies.  There’s a reason for many of our schools’ mediocrity.  It began in college and is everywhere from the administrative office to the classroom.  Get real.

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RogerG

Ketanji Brown Jackson (KBJ), No, A Thousand Times NO!

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KBJ before the Senate Judiciary Committee considering her nomination for the Supreme Court.

We have reached the point of personal ideology being a disqualification for office.  Progressivism has long been subversive of the rule of law.  One commentator of recent memory called the progressive’s “living constitution” an ongoing, never-ending constitutional convention.  Jurists under its sway can make and enforce law at will.  No longer content with simply applying the law in court cases, they’ll force us back into the jungle of the rule of men (or women, or . . .), and away from the rule of law.  We don’t need any more judges as potentates. That means a healthy “No” to KBJ.

KBJ is an embodiment of the threat to our civilizational order.  It’s more than her refusal to define a woman when asked.  Some of her rulings are just way out there, as in contortions to ignore the restraints in the job description in order to achieve long-sought lefty ends.  She’s more of a revolutionary than a judge.

One example of the radical’s monstrous rationale came to the fore in committee hearings considering her nomination.  Sen. Grassley (R, Iowa) brought to light her ruling as a DC District Court judge in Make the Road New York v. McAleenan, (2019).  She, with a stroke of her pen, made a ruling in violation of the law.  At issue is the power of the AG or Secretary of Homeland Security (DHS) to exercise “unreviewable” (by the courts) discretion to determine the classes of aliens eligible for expedited removal from the country (Immigration and Naturalization Act, section 1225).  So, what did she do?  She went ahead and “reviewed” the DHS decision.

She tried to hang her hat on the Administrative Procedures Act (APA), as if it was the wormhole to make reviewable what was clearly not reviewable.  So astounded was the normally liberal DC Circuit Court of Appeals that a panel of the Court reversed and admonished her by ruling that,

“There could hardly be a more definitive expression of congressional intent to leave the decision about the scope of expedited removal, within statutory bounds, to the Secretary’s independent judgment.”

She was so intent on bashing the Trump administration’s immigration policies that she violated the law when making a decision on the law.  Try to make sense of that.  Some could try, given that many are completely unaware that Article III of the Constitution gives to Congress the power to set the federal courts’ appellate jurisdiction.  In other words, by statute, “unreviewable” means “unreviewable” by KBJ, et al.

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The APA is not to be confused, as she apparently did, with the Constitution.  This person is a radical, an unhinged progressive, or maybe even a revolutionary.  As such, her nomination should be rejected, if not setting her to face impeachment.

RogerG

A Religion for High Prices and Neo-Feudalism

An electrical contractor repairs a sign with gasoline fuel prices above six and seven dollars a gallon at the Shell gas station at Fairfax and Olympic Blvd, near a billboard of John Oliver, in Los Angeles, California, on March 8, 2022. (Photo by Patrick T. FALLON / AFP) (Photo by …
Changing prices at a Shell station in Southern California, March 22, 2022.

Economic inelasticity: a measure of an economic activity’s responsiveness to price changes.  Inelastic supply is production made unresponsive to price fluctuations.

Market: the spontaneous arrangements that brings buyers and sellers together.  Markets can be constrained by natural barriers (geography, availability of resources, etc.) and interventions (government).

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Some elements of the Right are deserving of condemnation for their forays into imbecilic isolationism.  Their tariff nationalism and sophomoric hostility to our present and natural allies stagger the mind.  That said, the biggest and most persistent threat to the welfare of the nation by far is the Democratic Party and its congregation of the Left.

Nuttery has little effect without powerful, organizational patrons.  The donkey party has turned itself into the institutional home of the Left; the faculty lounge is the home seminary of the Left; and the seminary’s gospel is a fanciful, semi-religious, but material and messianic apocalyptism.  Don’t mistake this for the traditional Second Coming.  This endtime arises from glib Gaia-worship, a faith that angles to translate prophesies of doom into power.  Its doctrine is in actuality an ideology and the attendant politics amounts to a missionary zeal for conversion, forcible or voluntary.

Rep. Alexandra Ocasio-Cortez (D, NY) introduces her Green New Deal, translating alarmism into policy, 2019.

But the appeal of this new faith is limited.  Unlike Christianity that has a natural allure to all groups – the equality of all souls – this substitute creed is most attractive to the demographic product of its seminaries (college graduates), who are most prominently, but not solely, the degreed halfwits in the super zips (codes).  Their half-wittedness is the fruit of the degraded and narrow education in the tenets of this debased secular faith.  These people aren’t trained to question their assumptions.  They are zealots that occupy the cultural commanding heights to influence and obtain office to force their form of salvation on the reluctant.

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Church/state separation be damned, they declare war on prosperity, independent consumer choices, entire industries, and the Constitution while they herd the population into cramped dwellings, ev’s, and mass transit.  Freedom is the freedom to live only their way.  I’m reminded of Orwell’s 1984:

“War is peace.
Freedom is slavery.
Ignorance is strength.”

And so the zealots march off and into elected office, the staffs of the elected, government employment, techie enterprises, the corporate boardroom, ad agencies, the press, law firms, Hollywood, and into the teacher corps of our schools – what G.K. Chesterton called the “chattering classes”.

The fruit of their endeavors, among other things, is a disfigured economic life, and more misery than what would occur without them running the show.  Supply and demand get malformed, made inflexible to the unexpected twists and turns of existence.  A pandemic hits and, voilà, we have empty store shelves, supply chain disruptions, inflation, a suppressed work ethic, fiscal insolvency, and the doldrums’ persistence into the foreseeable future.

That’s the thing, it doesn’t take much to maul the gears of an economy and hamper recovery.  Demand remains pretty consistent (inelastic) for things like fossil fuels, rising with growth, and only declining when a recession hits, with its lost jobs and business closures.  Not good.  Supply is hamstrung (made inelastic) to respond to the demands of prosperity after the imposition of utopia.  Not good.

 

And utopia is what it’s all about.  Wherever the Dems hold sway in the halls of power – local, state, federal – they are running full speed toward their mirage of eco-nirvana.  Democrat state-level fiefdoms are famous for it.  The grid is target numero uno.  California concocted its 100 Percent Clean Energy Act to command the state’s electricity to be carbon-free by 2045.  Washington State’s Clean Energy Transformation Act commands its utilities to be carbon neutral in eight years.  New York passed the Climate Leadership and Community Protection Act that commands a net-zero economy by 2050.  Hawaii jumps into the fray with its House Bill 623 that commands a 100% renewable energy grid by California’s year.  They are declarations of war on fossil fuels, and the energy supply gets bulldozed.

Gov. Jerry Brown signs SB 100, mandating 100 percent renewable energy in California by 2045, on Sept. 10, 2018.
Gov. Jerry Brown signs SB 100, mandating 100 percent renewable energy in California by 2045, on Sept. 10, 2018.

 

Notice the use of the word “command”, as in “command economy”?  Karl Marx would be proud.

These lords of the state capital have jerry-rigged all manner of means to achieve the desired end.  All of them, however, take the same tack of regulating traditional energy to death.  Jerry Brown (as in jerry-rigged) and Gavin Newsom of the not-so-golden state are gung-ho.  Brown, after signing the previously mentioned ukase, boasted, “California is committed to doing whatever is necessary to meet the existential threat of climate change.”  There you have it: semi-theological apocalyptics combined with a newly inaugurated command economy.

Not to be outdone, Governors Cuomo and Hochul of New York read from the same prayer book.  They, like the suzerains of the San Diego-to-San Francisco corridor (the rest of the state has little political pull), are enthusiasts for bans and regulatory dead weights.  No fracking, no new permits, no new gas hookups for homes, and no pipelines.  Thus, the residents of New York and anybody east of them get the privilege of paying six times more for natural gas than, say, the lucky folks of Texas or Louisiana.  No pipelines are allowed across the empire state to possibly carry the fuel the 400 miles from the Marcellus Shale.  Instead, it must be shipped from distant kleptocracies.

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Protest against the fossil fuel industry – pipelines, et al – in New York in 2012.

The same price penalty applies to everyone living in California.  Like everything else in the state – housing, electricity, food, cars, you name it – gasoline runs at a buck-and-half clip above the national average ($5.85 vs. $4.33/gal.) for the commuters on Newsom’s roads, which happen to be among the worst in the nation.  What a deal?  The “bargain” combines a doom-premium (“existential threat of climate change”) in the form of high taxes and exorbitantly priced energy with crappy pavement.  No wonder it’s hard to find a U-Haul to flee the state.  Demand has outstripped supply.

If it’s obviously such a great deal for the country, with the utopians professing to be on the same team with the angels, why do they have to wallow in falsehoods?  In Biden-speak, he said on March 14, “Make no mistake, the current spike in gas prices is largely the fault of Vladimir Putin — it has nothing to do with the American Rescue Plan.”  Translation: It ain’t me!  But it is . . . to a great degree.  He’s doing his best to make energy supplies inelastic and prone to shocks, whether it be a virus run amok or Putin’s dream of a Greater Russia.

Biden blames Putin and his Ukraine war for the inflation rate and high gas prices. He won’t succeed.
Biden blames Putin and the Ukraine War for high gas prices, March 2022.

The only truism in his corner is cause-and-delayed-effect.  Societies don’t operate like toggle switches – instant-on/instant-off.  It takes time for policy changes to translate into behavior and effects, both positive and negative.  Time is necessary for people to get their act together in the form of land, labor, capital, and entrepreneurship.  Since California is his model, the complete effect of Biden’s pummeling of the energy sector will take years for the whole country to fully feel California’s chronically high energy rates, blackouts, shortages, stagflation, deteriorating roads, trains to nowhere, and bottomless spending on expensive-but-decrepit mass transit, and, lest we forget, the brewing campaign against homes with yards (single-family residential).  No space privacy for you and your kids, peasants!

Likewise, it took a number of years for the widespread use of fracking beginning around 2011 and the repeal of the ban on the export of domestic crude in 2015 to turn into Trump’s bluster about energy independence and the US as net exporter.  Sometimes, occupying the seat of power at the moment of good times is sufficient to enjoy the afterglow of public adulation.

But Trump and Congressional Republicans are actually deserving of praise because they greased the economic skids instead of throwing sand in the gears as Biden and the donkey party are currently doing.  The thinking of Republicans is in the right place.  For the R’s, pipelines (XL, Dakota Access) are a good deal.  For the R’s, drilling on public lands is a great thing for supply and cheap prices.  For the R’s, subsidy briberies for solar and wind and the purchase of Teslas are viewed correctly as an assault on freedom and the public purse, and move us closer to a grid that operates with all the reliability of a utility in Lagos, Nigeria, or California.  Not good.

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Rolling blackout in California, 2021.

You can only get so much out of wind and solar. It’s called low energy density, an inherent characteristic of the two.  As a result, low density must be compensated by the construction of vast plantations of panels and forests of huge propeller towers marring the earth’s surface.  Lurking behind the scenes is natural-gas peaker plants to deal with the erratic production (the wind and sun are variable).  The whole mammoth charade demands colossal sunk costs in redesigning the grid and the development of a storage system to make the massive contraption the complete energy source for your Netflix streaming addiction.  Wouldn’t it be much easier with fewer lost opportunities (i.e., opportunity cost, the real meaning of the word “cost”) to clean up fossil fuels?

Certainly, Biden and the episcopate of the Church of Climate Change are aware of the monstrous costs and disruptions.  It’s just that they don’t care.  When you’re a believer, you’re a believer.  And so, when American voters let Biden and company into command of the executive branch, they are going to get the full effect of the reunion of church and state, California style.  It’s Henry VIII’s Act of Supremacy all over again.

He didn’t disappoint the faithful from the get-go.  Fresh from the chilly inauguration on the west front of the Capitol, Biden ordered an assault on domestic crude oil production by halting new leases, permits, and mining on federal lands, onshore, offshore, anywhere under federal control.  Chad Padgett, former senior executive for BLM in Alaska, put it succinctly when he described an Interior Department memo, pursuant to Biden’s ukase, barring the issuance of “any onshore or offshore fossil fuel authorization, including but not limited to a lease, amendment to a lease, affirmative extension of a lease, contract, or other agreement, or permit to drill.”  Half the 23 million acres of the Alaska National Petroleum Preserve was made off-limits.  Authority over the process was centralized in the hands of Commissar Laura Daniel Davis, then-acting assistant secretary for Lands and Minerals at BLM, creating industrial death from bureaucratic atherosclerosis.  Now, inelasticity applies to bureaucracy’s arteries as well as energy supplies.

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Operating well in ANPR.

Biden’s recent blame-Putin schtick to avoid responsibility for his stake in the mess rings hollow.  Having spent his entire career in demagoguery and electoral pandering, the guy exhibits little understanding of enterprise of the free variety.  People in the real world of business look over the horizon before they sink big bank on a venture.  What they see into the near future, and maybe beyond, is Biden’s declaration in a 2020 debate:

“No more drilling on federal lands. No more drilling, including offshore. No ability for the oil industry to continue to drill, period. Ends.”

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Biden announces his opposition to fossil fuels in 2020 debate.

Can’t get much plainer than that.  The delay normally accompanying a policy is reduced when demagogic hostility is combined with the accelerant of pandemic-inspired cuts in production at a time of quick recovery from the nightmare.  Why invest in an industry that the donkey party and its administration declared to be the equivalent of kiddie porn?

That’s not all.  We’ll enjoy the benefits of California’s sclerotic supplies alongside California’s high-priced everything.  All of this will be wrapped in an increasingly feudal way of life.  As in the old Soviet Union, a new aristocracy of the party and its nomenklatura will ride on top of a beleaguered class of commoners.  Thank you, Democrats.

 

RogerG