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Epistemic Closure At The Supreme Court

Justice Gorsuch's dissent inwards Gundy v. United States relies on Amity Shlaes's mass The Forgotten Man for this description of roughly of the facts inwards the Schechter cases: "Kosher butchers such equally the Schechters had a hard fourth dimension next these rules. Yet the regime evidently singled out the Schechters equally a testify case."  According to Wikipedia (which on this query is accurate), Shlaes is " an American writer together with paper together with mag columnist ... [who] writes nearly politics together with economic science from a US libertarian perspective." Her description of the Schechter instance is consistent amongst that description of her perspective, together with (depending on what Justice Gorsuch had inwards heed when referring to the difficulties kosher butchers had) almost surely inaccurate. One of the requirements the Schechters violated was a "straight killing" rule, nether which buyers had to purchase all th...
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Practical In Addition To Idealistic Themes Inward Political Reform

     Sandy Levinson, my one-time instructor whom I honour enormously, reads my post on the increasing opacity of the congressional appropriations procedure together with asks whether I would concord that Congress has rendered itself illegitimate.   He goes on to inquire what is to survive done, given my opposition to convening a novel constitutional convention nether Article V.   These are thoughtful together with thought-provoking questions that deserve a response.   As I pondered my answer, it occurred to me that a similar topic runs through the Article V combat together with other contemporary visions of progressive reform.   This post attempts both to respond to Sandy together with to sketch those broader themes.      First, although I notice Congress frustrating together with sometimes reprehensible – for certain inwards its failure to human activeness on climate alter but inwards many other areas, besides – I prac...
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Bomber Harris Together With The Haspel Nomination

John Fabian Witt Gina Haspel, who testifies today earlier the Senate seeking confirmation every bit Director of Intelligence, is non the maiden off American official to expression upward a past times inward dark ops, torture, too humanitarian police pull violations.  To the contrary, she stands every bit the latest inward a long trouble of Americans.  How nosotros bargain alongside such people speaks volumes non only nearly them, but nearly us. The basic conundrum goes dorsum to the real beginnings of the republic.  The frontier reason of empire too Indian fighting regularly produced precipitous controversies over state of war tactics.  No 1 was to a greater extent than controversial than George Washington, who every bit a immature British officeholder was implicated inward a possible massacre of captured French soldiers inward the Seven Years War.  Washington himself, perchance inadvertently, seemed to acknowledge that something untoward had happened; the k...
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