tag:blogger.com,1999:blog-105152472024-03-13T23:55:56.932-04:00Anglosphere Union Now!A blog dedicated to the closer union of the english speaking people. All topics related to the Anglosphere and Union will be addressed.Unknownnoreply@blogger.comBlogger151125tag:blogger.com,1999:blog-10515247.post-1919167065678397922012-02-07T22:39:00.003-05:002012-02-07T22:43:36.205-05:00The King is dead long live the Queen!A day late and a dollar short as usual. But it was 60 years ago yesterday that god called to himself our late sovereign lord George VI of glorious memory. An excellent rendition of the coronation anthem is <a href="http://www.youtube.com/watch?v=JcfR4utkASo">here</a>, on YouTube.Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-10515247.post-79502625533701913632010-05-13T20:00:00.000-04:002010-05-13T20:25:21.064-04:00kitschKitsch: (adj.) The quality (in a work of art) of being good enough to have a recognizable subject and theme. Used by artists of lesser quality to describe the work of their artistic betters. Often used to denigrate a work who theme one disagrees with. Also used by those trying to pass off the work of third rate hacks as art. E.g. “You should really buy this Pollock not that Rockwell, the work of Norman Rockwell is kitsch.”Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-21684183812182855932009-12-25T22:11:00.002-05:002009-12-25T22:20:29.066-05:00Merry Christmass<a href="http://anglosphereunionnow.blogspot.com/2005/12/aun-thoughtschristmastide-collect-pec.html">Merry Christmass!</a> See my past posts on New York at Christmass <a href="http://anglosphereunionnow.blogspot.com/2007/12/im-dreaming-of-new-york-christmas-part.html">here</a>, <a href="http://anglosphereunionnow.blogspot.com/2007/12/im-dreaming-of-new-york-christmas-part_18.html">here</a>, and <a href="http://anglosphereunionnow.blogspot.com/2007/12/im-dreaming-of-new-york-christmas-part_5765.html">here</a>.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-11928635042616784592009-11-29T16:39:00.000-05:002009-11-29T16:43:42.042-05:00Christmas Nears<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiFUdApnvHt6O1HfYrRQ-LSMni0U-qnyWAMm-yx-aq03EqxkRyiGSBPJyx077GRm8-gA4b8BdreT21SjRuBIcjy2NWZmJgynmCOb6u_WD1if12bGPsVZWC1GqzvDEvufzc85kzN/s1600/Pictures+Xmass09+660.jpg"><img id="BLOGGER_PHOTO_ID_5409644110218071218" style="FLOAT: left; MARGIN: 0px 10px 10px 0px; WIDTH: 320px; CURSOR: hand; HEIGHT: 240px" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiFUdApnvHt6O1HfYrRQ-LSMni0U-qnyWAMm-yx-aq03EqxkRyiGSBPJyx077GRm8-gA4b8BdreT21SjRuBIcjy2NWZmJgynmCOb6u_WD1if12bGPsVZWC1GqzvDEvufzc85kzN/s320/Pictures+Xmass09+660.jpg" border="0" /></a><br /><div>Christmas related thoughts soon this is just a test post.</div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-23741370478071407762009-09-11T10:45:00.000-04:002009-09-11T10:46:52.720-04:00In Memory of the DeadEight years have passed since that horrible September day. Today we morn those so brutally murdered and those who have fallen in the defense of our people. May their friends and relatives finds comfort. As the good book says, the lord giveth and the lord taketh away, blessed be the name of the lord.Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-10515247.post-42244243281218470472009-07-16T12:59:00.002-04:002009-07-16T15:01:32.656-04:005-4-3-ignition-2-1 we have lift offToday is the 40th anniversary of the launch of Apollo 11, the first manned craft to reach the moon. In celebration of this human accomplishment, I am posting part of the late novelist and philosopher Ayn Rand’s account of the momentous event. I also want to acknowledge and celebrate the bravery of Neil Alden Armstrong, Michael Collins, and Buzz (formerly Edwin Eugene Jr.) Aldrin.<br /><br />[The launch] “began with a large patch of bright, yellow-orange flame shooting sideways from under the base of the rocket. It looked like a normal kind of flame and I felt an instant’s shock of anxiety, as if this were a building on fire. In the next instant the flame and the rocket were hidden by such a sweep of dark red fire that the anxiety vanished: this was not part of any normal experience and could not be integrated with anything. The dark red fire parted into two gigantic wings, as if a hydrant were shooting streams of fire outward and up, toward the zenith—and between the two wings, against a pitch-black sky, the rocket rose slowly, so slowly that it seemed to hang still in the air, a pale cylinder with a blinding oval of white light at the bottom, like an upturned candle with its flame directed at the earth. Then I became aware that this was happening in total silence, because I heard the cries of birds winging frantically away from the flames. The rocket was rising faster, slanting a little, its tense white flame leaving a long, thin spiral of bluish smoke behind it. It had risen into the open blue sky, and the dark red fire had turned into enormous billows of brown smoke, when the sound reached us: it was a long, violent crack, not a rolling sound, but specifically a cracking, grinding sound, as if space were breaking apart, but it seemed irrelevant and unimportant, because it was a sound from the past and the rocket was long since speeding safely out of its reach—though it was strange to realize that only a few seconds had passed. I found myself waving to the rocket involuntarily, I heard people applauding and joined them, grasping our common motive; it was impossible to watch passively, one had to express, by some physical action, a feeling that was not triumph, but more: the feeling that that white object’s unobstructed streak of motion was the only thing that mattered in the universe.”<br /><br />“What we had seen, in naked essentials—but in reality, not in a work of art—was the concretized abstraction of man's greatness.”<br /><br />“The meaning of the sight lay in the fact that when those dark red wings of fire flared open, one knew that one was not looking at a normal occurrence, but at a cataclysm which, if unleashed by nature, would have wiped man out of existence—and one knew also that this cataclysm was planned, unleashed, and controlled by man, that this unimaginable power was ruled by his power and, obediently serving his purpose, was making way for a slender, rising craft. One knew that this spectacle was not the product of inanimate nature, like some aurora borealis, or of chance, or of luck, that it was unmistakably human—with ‘human,’ for once, meaning grandeur—that a purpose and a long, sustained, disciplined effort had gone to achieve this series of moments, and that man was succeeding, succeeding, succeeding! For once, if only for seven minutes, the worst among those who saw it had to feel—not ‘How small is man by the side of the Grand Canyon!’—but ‘How great is man and how safe is nature when he conquers it!’<br /><br />“That we had seen a demonstration of man at his best, no one could doubt—this was the cause of the event’s attraction and of the stunned numbed state in which it left us. And no one could doubt that we had seen an achievement of man in his capacity as a rational being—an achievement of reason, of logic, of mathematics, of total dedication to the absolutism of reality.”Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-2427712605279159942009-06-11T11:15:00.000-04:002009-06-11T11:15:58.882-04:00George Reisman's Blog on Economics, Politics, Society, and Culture: GENERAL MOTORS, RIP<a href="http://georgereisman.com/blog/2009/06/general-motors-rip.html#links">George Reisman's Blog on Economics, Politics, Society, and Culture: GENERAL MOTORS, RIP</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-87933290693600193122009-06-10T17:12:00.003-04:002009-06-10T19:03:58.403-04:00Labor Unions and Management IncentivesSeveral commenters on Dr. George Reisman’s recent <a href="http://blog.mises.org/archives/010066.asp#comments">post</a> at the <a href="http://blog.mises.org/blog/">Mises Blog </a>about the collapse of G.M. have been criticizing him for placing too much of the blame on the Unions and not enough on the company’s management. While I agree that management can’t be let off the hook, I think it is important to realize what an important role the Union’s played in the bad management of the companies they parasitized. As economically informed persons, the readers of the Mises blog ought not to need to be reminded of the importance of incentives. So let us look at the incentives that compulsory labor unionism gave the management of G.M. and the many other companies that they have sucked dry.<br /><br />In a free market a company’s labor costs (in terms of money) are going to be set by the least efficient producer who is a purchaser of that particular type of labor. In the instance of a car company like G.M. it would compete with other car producers and the producers of motorcycles, trucks etc. for auto assembly line workers. (this is obviously a huge oversimplification of the types of labor, but it works for this discussion) In such a free market, the management of such a company has a huge incentive to increase the long term productivity of its workers. Since it only has to pay the wage set by the least productive company, all improvements in productivity (in money terms) goes to the shareholders, who are likely to award management for this increase in profits. (It should be noted that leading producers may well pay a premium to get the best workers, but that is only if it will lead to increased profits. It should also be noted that the workers will benefit from the increase in productivity due to the fall in the price of the products that they produce, the fall in prices being a result of the increased productivity.) In contrast under compulsory labor unionism, any long term increase in profits will be extorted by the union. (Remember S. Gompers famous dictum about the social responsibility of business being to raise profits. This had the obvious corollary of allowing the union to extort higher money wages.) Thus as long as it is not about to be driven out of business, a unionized business has little incentive to increase the long term productivity of its workers, because the benefit (in money terms) will go to the workers. This is also true of other long term strategies to increase profitability. If the increase in profitability lasts to the next contract negotiation, then the union will claim that the increased profitability justifies higher wages.<br /><br />In a free market, business practices that increase profits in the short run but are damaging to the business in the long run tend to be weeded out because the difference between such short term thinking and long term thinking is made manifest in the profits and losses of the company. The long term thinking is rewarded and short term thinking is punished. By contrast under compulsory unionization, short term thinking is to a certain extent encouraged. Profits that are made by decisions that are profitable in the short term but destructive in the long term can be kept by the managers and shareholders because they are transitory and already gone by the time the next union negotiations come around. The union can’t get their hands on them. Even worse it becomes difficult to distinguish between long term and short term thinking. From the point of view of an investor looking at two unionized companies or an upper level manager looking at two divisional managers of a unionized company, there is little to distinguish the between the two. If one manager increases productivity, profits rise in the short term and then fall in the long term as they are extorted from the company by the union. If another manager makes a decision to cut corners and use substandard materials, his profits will rise in the short term and fall in the long term as he losses clients. From the prospective of the investor or upper management the results look to be the same, short term profits and long term losses. From one perspective this is a distortion of information in the hayekian sense that leads to bad decision making, but from another perspective one could argue that unionization destroys the difference between good and bad decisions. From that perspective one could argue that there is no good decision for the management of a unionized company to make.<br /><br />In a free market, losses or even worse the prospect of bankruptcy are to be avoided like the plague. To the extent that senior managers are paid on performance or are even share holders of the company the incentive to avoid losses or bankruptcy are obvious. Further either will make capital more expensive or harder to come by in the future. However under compulsory unionization the incentives are different. The only thing that can make the union willing to moderate its demands or in extreme cases actually offer concessions is the prospect of the company going out of business. (As Eastern airlines shows this is not always true, some unions would rather the company go under than make concessions.) If the union is willing to dicker, then the management gains new a perverse incentive, the incentive to be mediocre. As long as the company is near the edge of bankruptcy management may hope for concessions. As long as the company underperforms, moderate demands can be hoped for. If the company starts to flourish however, the only thing to be expected is more extreme demands from the union. (This is why unions that refuse to budge even in the face of disaster as at eastern airline are acting in a certain sense rationally. Only if an entire industry is threatened does it make sense for the union to make concessions, otherwise they are underwriting the bad management of a particular company and encouraging other companies to get in trouble. This more than anything ought to show the perversity of compulsory labor unionism.) So for a unionized company mediocrity becomes the path of safety for management.<br /><br />It is quite right to say that truly competent management would not succumb to these incentives, but do the right thing regardless. So, now I want to turn to the effects of these incentives on management and the types of people who are willing to work as managers and who will flourish as managers under the above incentives.<br /><br />Let us take three managers Manager Able, Manager Bad and Manager Cares-less. Manager Able is the type of person who is conscientious and always thinks things though logically and makes the right choice. Manager Bad is the type we all know if we have ever worked in a large company that is not well managed. He is the type who joins a project just as it is about to succeed and takes the credit. He is an expert at making short term decisions and taking the credit for the short run returns but bails from the project before the long run arrives. In short he is a prick who’s only talents are sucking up and self promotion. Manager Cares-less is also a type we all know, the kind that goes along to get along. If the company he works for is well managed and the incentives are right he will perform adequately possibly even very well, but if not, then not. How will these three managers fare under the above incentives?<br /><br />Manager Able will ignore the incentives to short term thinking and against long term thinking. He will understand that the long term always comes and that only long term thinking really works. So his decisions will always be to make the right choice. But think what this looks like to higher management, Manager A is always investing the company’s money in projects that make money at first but that start to fail as the union increases its demands.<br /><br />Manager Bad on the other hand looks wonderful. His projects almost never need increased funding, long term increases in productivity are not for him. He is always cutting expenses that are important in the long run but have no short term impact. Manager B may be wreaking havoc on the company but it is not apparent to his managers, they see the same short term profitability that Manager A achieved but without the initial costs.<br /><br />Manager Cares-less will at first be somewhat random in whether he adopts long term or short term profitability as his goal, but as the incentives work on him he will start to act in a way indistinguishable from Manager B. This because unlike A who will stand up to criticism from higher management and do the right thing anyway, C will go along with what his manager wants.<br />From the perspective of higher management A is underperforming, C has trouble at first but improves, and B is a star. Consider who will get promotions, who will leave the company and who will stay.<br /><br />This only considers the first two incentives. Once the incentive to mediocrity hits Manger A is in even more trouble. He is the one who is always threatening the company with superior performance, that is, with higher labor costs.<br /><br />Obviously this process will take time. At first a well managed firm will have almost all As and Cs (at this point in a well run firm they will not be easily distinguished.) in management Bs will be weeded out early. But over time the perverse incentives will make Cs act badly and make Bs look good. At first higher management will be overwhelmingly made up of As with a few good acting Cs but as it gets harder to distinguish good performance from bad more Cs good and bad acting, and eventually Bs will end up at higher levels in management. In this context it is significant that G.M. and Chrysler have been unionized for a little more than 70 years, one life time (i.e. three score and ten) or two long generations (i.e. 35 instead of 25 years). This is more than enough time for the rot to become pervasive.<br /><br />This brings me back to a part of the Dr. Reisman’s post “The philosophical tapeworm lay within the minds of those running the company. For decades, it led them never to take a stand on principle and forcefully resist the UAW. Always the present cost of a major strike was allowed to outweigh the prospect of the ultimate destruction of the company, which was never considered fully real because it lay in the future.” Part of this mentality is the result of the type of person who will work at a unionized firm in face of the aforementioned incentives. At first with long term oriented management there will be attempts to resist unionization or at least unreasonable demands by the union. But as the perverse incentives work their way with the type of people in management the will to resist will be lost. The long term will be unreal to the type of manager who will flourish in such a company.<br /><br />In sum, it is true that G.M. has had bad management that in part led the company to ruin. But true economists do not look only at surface causes as Dr. Reisman’s critics do. As the late Henry Hazlitt wrote, “The art of economics consists in looking not merely at the immediate but at the longer effects of any act or policy; it consists in tracing the consequences of that policy not merely for one group but for all groups.” It is above all the policy of compulsory unionization that has led G.M. and many other great American companies to disaster and in many cases total destruction. Dr. Reisman is enough of an economist to understand this and brave enough to say it.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-76107221243400727712009-05-12T10:16:00.002-04:002009-05-12T10:18:44.942-04:00Updated Declaration of Anglosphere NationalityDeclaration of Anglosphere Nationality<br /><br />We the undersigned, being citizens or subjects of English speaking states, do solemnly declare that we are one nation bound together by:'<br />a common English language,<br />a common literature,<br />a common history,<br />a strong civil society,<br /><br />and common institutions of government rooted in Magna Carta including:<br />a tradition of constitutional government,<br />a tradition of representative democracy,<br />a tradition of independent courts,<br /><br />and a tradition of protecting individual rights beginning with Magna Carta and developed in the English and American Bills of Rights which include,<br />the right to life, liberty, and property,<br />the right to trial by a jury of ones peers,<br />the rights to free speech, free conscience, and free association.<br /><br />Ours is an open civilization, not defined by blood or ancestry, but by shared values. As such, we welcome others who wish to share in our culture and way of life.<br />By issuing this declaration, we hope that the English speaking people will become a more self aware nation, preserving and further developing their shared cultural and political tradition.<br />We pledge ourselves to build closer ties with our cousins around the globe and urge our political leaders to build closer ties among our states.Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-10515247.post-1781458061607959572009-05-09T12:14:00.000-04:002009-05-09T12:15:00.407-04:00Time to Call in the Trial LawyersNow that what many are calling gangster government has seemed to win by <a href="http://zerohedge.blogspot.com/2009/05/rattner-doctrine-has-won.html">suppressing</a> Chrysler’s senior debt holders. It is time to put the senior debt holder’s feet to the fire, by having their shareholder’s sue them for betrayal of the their fiduciary duty. Thus not only the banks shareholders but those of the non TARP bondholders who are publicly traded need to start a class action.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-6683154851744923332009-02-11T15:34:00.000-05:002009-02-11T15:38:02.293-05:00Kerlikowske’s ShamePresident Obama has nominated Seattle Police Chief Gil Kerlikowske to be drug czar. This is more pathetic than appointing a man who can’t do his taxes as secretary of treasury.<br /><br />Kerlikowske is not only a militant opponent of the second amendment and citizen’s right to defend themselves, his record shows that as a police Chief for Seattle he was unwilling to protect the people of the city. In 2001 during the <a href="http://en.wikipedia.org/wiki/Seattle_Mardi_Gras_Riots">Mardi Gas Ri</a>ots, Chief Kerlikowske, instead of sending in police to put down the riots, cordoned off the area and did nothing while 70 of the people he is sworn to protect were sent to the hospital and one was killed.<br /><br />The plain fact is that he doesn’t have the credibility to be sheriff of a one horse town never mind being a senior federal law enforcement officer. The war on drugs is enough of a farce already without putting a clown in charge of fighting it.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-89686205403212113582009-01-29T12:49:00.000-05:002009-01-29T12:50:42.770-05:00How the Fed faked its way to a crises.A excellent post on the financial crises is up on Samizdata, <a href="http://www.samizdata.net/blog/archives/2009/01/unmasking_the_c.html">here</a>. It points out the Fed in trying to prop up the market made the situation worse.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-80351383953954758502008-10-30T12:42:00.000-04:002008-10-30T12:44:21.164-04:00Stop Obama’s Spreading the Wealth<a href="http://www.freerepublic.com/focus/f-news/2114854/posts">This</a> letter to Obama by an American businessman shows exactly why Obama must be stopped at all costs. The ideas of “spreading the wealth” is a profoundly wicked one. It is nothing more than a way for the ruling class to buy votes and prevent others from displacing them at the top of the heap.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-45132020979936269132008-09-26T20:28:00.001-04:002008-09-26T20:32:16.079-04:00The Gold Standard The Solution to Our Financial CrisesIn the panic that has surrounded the present crisis, the best, most honest, and easiest way to save the financial system, a return to the gold standard, has been forgotten.<br /><br />The problem with the banking system at present is a lack of capital and liquidity due to the bad lending practices encouraged, and in some cases required by the federal government. With their asset prices falling, the banks are on the verge of bankruptcy.<br /><br />This is a problem for all of us. If banks fail, our money in the banks will go down with them, lending will dry up and the economy will grind to a halt, millions of people will be out of work. So we have to save the banking system, but at the same time we don’t want to reward them for the part of the crises that is their fault. We want to insure that the American people can get to the money in their checking accounts.<br /><br />There is a way to do this. The Federal Government, holds about 260 million ounces of gold most of which was stolen from the banking system as an emergency measure during the great depression. I propose that the gold held by the Federal Government be returned to the people it was taken from, the people and banking system of the United States.<br /><br />Under my proposal, gold would be declared money of the United States at the rate of $15,000 an ounce. Then 70 percent of the gold reserves of the United States would be transferred to banks in proportion to the dollar amount of the their checking accounts, sweep accounts, and retail money funds.<br /><br />However this transfer would come with strings. First the banks would be required to maintain 100% gold reserves against their checking accounts, sweep accounts, and retail money fund accounts. They would be required to pay out gold on any withdrawal from any of the forgoing types of accounts when the amount of the withdrawal exceeded $500.<br /><br />The rest of the gold reserve of the United States would be used to produce, a gold, silver, and copper coinage for the United States. This would be used first to redeem all of the outstanding notes of the federal reserve and the token coinage as it now exists and to pay off as much as possible of the federal debt.<br /><br />The result of this would be a banking system which could not default on its payments to depositors, though savings account holders and CD holders would have risk, but the strengthening of the books of the banks would secure most of these obligations. It would end the current crises without cost to the taxpayers of the republic. It would end the possibility of such crises in the future because it would end the fractional reserve system that introduces great instability into our otherwise healthy economic system.<br /><br />I will no doubt be denounced as a “gold bug” for proposing this, but it is the paper bugs of wall street and the federal government that have brought us to this crises. It is gold that can lead us out.<br /><br />The above is inspired by the work of the economist George Reisman.Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-10515247.post-34060121284425976102008-09-11T20:49:00.000-04:002008-09-11T20:51:41.429-04:00In honor of the dead of 9/11On the anniversary of 9/11 I am going to make a proposal that I believe will help our nation and take the first steps towards making it a reality. I believe that it is time to stop accepting the educational status quo where by to many student get a mediocre education.<br /><br />I believe that we as people totally separate from the state should commit ourselves, before this century is over, to providing a private education to every student. This goal will be difficult to achieve, but no other has a greater chance to revolutionize our society, leading to a freer and more prosperous commonwealth.<br /><br />I am today founding a non profit organization to achieve this goal. This organization, the Privately Run Education for Every Child Trust, (PREFECT) will work to set up scholarship funds, encourage the founding of new private and parochial schools, help home schooling parents and in every possible way to advance the cause of a private education for every child.<br /><br />PREFECT will work with teachers, students, parents and communities to build schools that meet their needs. I do not want this to be a political organization, I am willing to work with people across the political spectrum and from many different faiths or philosophies to advance this cause. I believe that teacher collectively run schools, private for profit schools, parochial schools, and the traditional private non profit schools are all part of the solution to our education problem.<br /><br />I invite all those who want to build a new and better system of education for our children to join me in this cause.<br /><br />I can be reached at <a href="mailto:swhoughton@fcsl.edu">swhoughton@fcsl.edu</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-8207007788421482152008-08-13T14:25:00.002-04:002008-08-13T14:31:54.601-04:00Why Russia Should be CondemnedRussia should be condemned as the sole aggressor in the War with Georgia. There are three reasons for this: first it is the Russian’s own legal position; second the events of the cyber war show that Russia was the aggressor; and the events of the Russian invasion of Georgia imply it.<br /><br />Russia does not maintain diplomatic relations with the soi-disant republic of South Ossetia. This is because South Ossetia is part of the internationally recognized territory of the Republic of Georgia. Thus for Russia to send its army into South Ossetia is to commit on its own terms an act of war against Georgia. Further it is an openly acknowledged fact that Russia was funding the armed forces of the sometimes republic of South Ossetia. Under the <a href="http://www.letton.ch/lvx_33da.htm">Convention for the Definition of Aggression</a>, it is an act of war to “commit any of the following actions: (5) Provision of support to armed bands formed in its territory which have invaded the territory of another State, or refusal, notwithstanding the request of the invaded State, to take, in its own territory, all the measures in its power to deprive those bands of all assistance or protection.”<br /><br />Furthermore, the Russian’s made the <a href="http://www.popularmechanics.com/blogs/technology_news/4277603.html">first attack </a>in the cyber war which is part of the present conflict. On July 20, an attack was made on the websight of the President of Georgia from a Russian site that had been involved in the previous 2007 cyber war in Estonia.<br /><br />Thirdly, look at the time table. Aside from the cyber war, the first actions of the war were the clashes between Georgian and South Ossetian forces starting on Aug 1. Starting on Aug. 3 the soi-disant republic of South Ossetia, 90 percent of whos supporters are also citizens of Russia, began evacuating its supporters to Russia. On the evening of Aug. 7 after its offer of a ceasefire were rejected, the Georgian government began operations to bring South Ossetia under Georgian control. The next day, Aug. 8 the Russian forces began crossing into Georgia. Over the next three days the Georgian forces were driven back as the Russian’s used its armored and airborne forces to drive deep into Georgia. The Russians also made unprovoked navel attacks on the Georgian Navy and launched attacks on civilian targets in Georgia.<br /><br />Acording to the Russians they only decided to act when Georgia launched its attack on the night of Aug. 7, but less than 18 hours later they were able to launch a three division combined arms attack on Georgia. They also claim that they sortied the notoriously harbor bound Russian navy in a similarly short period of time. Anyone who believes that load of malarkey should contact me at once. I have bridge to sell you, cash only and in small bills.<br /><br />The Western Powers must stand together to stop this piece of undisguised aggression. Any moon bat who things that the U.S. actions against Iraq were illegal and thus provide excuse to Russia should read my post on the legality of the Iraq war <a href="http://anglosphereunionnow.blogspot.com/2007/09/why-united-states-war-against-iraq-is.html">here</a>.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-70869584428169782412008-08-07T19:02:00.001-04:002008-08-07T19:07:47.075-04:00HRC HumorSometimes the only thing to do with assholes is to mock the bastards and hope they get embarrassed and stop . Since I am not a Canadian, that is the only thing I can do to help, hence the following.<br /><br />How can you identify an Canadian comedian? He is the one in a black and white striped shirt.<br /><br />What do you call a person charged before a Canadian Human Rights Tribunal? Guilty.<br /><br />Why did so many Poles move to Canada? They thought the Human Rights Commission would protect them.<br /><br />Why are HRC members convinced Canada is an institutionally racist, sexist, homophobic etc. country? Look at how many Canadians are still laughing.<br /><br />What do you call a member of a Canadian Human Rights Commission? Comrade Commissioner.<br /><br />How can you tell a Canadian Journalist is telling the Truth? He has been hauled before the Canadian Human Rights Tribunal.<br /><br />What is the proper style when addressing Richard Warman? Gauleiter.<br /><br />How can you identify a member of Anti Racist Action? Their brown shirts.<br /><br />How many Canadian Human Rights Commissioners does it take to Screw in a light bulb? Ive you vink vat is vunny you are comink with us!<br /><br />How can you identify a Canadian evangelical minister? His lips aren’t moving.<br /><br />Why did Canada form the HRC’s independent of the court system? Because<br />there are some things even most lawyers just won’t do,<br /><br />Why would Richard Warman have been spared by the SS in the death camps? Professional curtsy.<br /><br />What is the only food eaten by complainants to the Canadian Human Rights Commission? Chicken!<br /><br />Why did a Canadian Chicken cross the boarder? It wanted to crow.<br /><br />What do you call a bus full of HRC members going off a cliff? A good start.<br /><br />What do you call the empty seats? A damn shame.<br /><br />How can you tell that all other evidence to the contrary Richard Warman and his PC police friends actually do have a sense of humor? Look at what they named the Human Rights Commissions.Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-10515247.post-61535735373057576152008-08-02T11:07:00.002-04:002008-08-02T11:18:58.591-04:00On being a GentlemanThe Question has arisen on the <a href="http://themonarchist.blogspot.com/2008/07/gentleman-manifesto.html">Monarchist</a>, what qualities make a gentleman. I want to weigh in on this. While I enjoyed some of the Chaps postings by Bolingbrook, the problem is that it focuses on the least central part of being a gentleman, the part that is culturally contingent. That is to say that while a gentleman today should take pride in how he wears his tweeds or seersucker suit and how he mixes a Bronx Cocktail (much better than a dry martini), an Athenian gentleman would take pride in how he wore his toga and how he mixed wine and water in a krator during the symposium. Dressing well and in a manner appropriate for the occasion is part of being a gentleman, but it is not the major part.<br /><br />In my view the essence of being a gentleman is striving to achieve what Aristotle called Eudemonia or human flourishing. A gentleman cultivates in himself the virtues, primary virtues such as rationality, secondary virtues such as justice and courage, and tertiary virtues such as liberality and charity.<br /><br />Thus for me a gentleman is a thinking man who has a productive vocation (even if he doesn’t need the money and doesn’t earn any from his work). He conducts his business and his life on the principal of justice. He is morally ambitious striving to better himself when he falls short of his ideals. He has integrity and courage. He is generous within the structure of his means, but not beyond them. He has taken the trouble to learn how to defend both himself and his society. In short, he takes pride in himself, because he has made sure to be morally worthy of it.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-53939135807251816512008-07-08T12:50:00.002-04:002008-07-08T12:56:26.219-04:00I am posting that which follows is in response to the <a href="http://themonarchist.blogspot.com/2008/07/monarchy-can-easily-be-debunked.html">post on the monarchist by David Byers</a> who seems to be very confused about the nature of Monarchy, Democracy, and Republicanism. The material is from my projected work A Crowned Republic or The True Principals of Constitutional Monarchy Rightly Expounded With An Inquiry Into The British Constitution, It Current Failings and How to Fix Them.<br /><br />Part I OF THE NATURE OF A CONSTITUTIONAL MONARCHY<br /><br />Section 1 The Three Classical Forms<br /><br />The division of governments into three forms depending upon who wields the supreme authority of the state, one, a few, or many, is so familiar to those who have studied the ancient and modern writers upon government that I shall touch upon it only briefly here.<br /><br />When one holds the supreme authority of the state it is known by different names as the governance is well or ill. When a one rules lightly, with the consent of his subjects, following the ancient laws and customs, with courts that administer justice impartially, and using honors to stimulate his subjects to greater exertions upon behalf of the state, this is known as monarchy. When one rules by terror, with no law but his own will, and no means to command his subjects but terror and money, this is known as tyranny.<br /><br />When the supreme authority of the state is wielded by a few of the most prominent citizens it is known differently as they wield their power. When they wield their authority with modesty and moderation, binding themselves by the same laws which they impose on the whole people, stimulating the people to greater exertion by patriotic zeal and the prospect of earned wealth, this is aristocracy. If however the few abrogate to themselves special privileges that ought to belong to the state by putting themselves above the law, by plundering the public treasury, and when they control the people and one another by terror as with the lions mouth at Venice, this is oligarchy.<br /><br />When the whole people either directly or by their representatives are the supreme authority in the state, this is known by different names as the authority is used wisely or badly. When the people are ruled by virtue and use their authority to promote the common happiness saving to every man his rights, this is known as democracy. When the people use their authority to promote the interest of one faction at the expense of another casting aside the rights of each citizen to his life, liberty, and property, this is known as ochlocracy or mob rule.<br /><br />Section 2 Republicanism<br /><br />It was observed by the ancients that their was a tendency of each of the pure forms to denigrate from its more noble form into its corrupted form, because there was nothing to check the will of the rulers be they one, a few, or many.<br />They also observed that there was a tendency for the three pure forms to follow one another in a regular order. Suppose a monarchy was set up, as such usually are, by a popular war leader. After a time, certainly after a few generations, this monarchy will denigrate into a tyranny. When this becomes to oppressive to be suffered, the bravest will lead the people to over though the tyrant. These will then likely set themselves up to rule as an aristocracy. At first they may rule well, but in time they will become vain and will denigrate into an oligarchy which will be beset by factions. In the course of the factional fighting, one of the factions will likely turn to the people for support. When such a faction win, they will be obliged to give power to the people who supported them, thus a democracy is born. At first this rules well, but in time this form too is corrupted. The ancients believed that eventually a strong leader would arise who would promise to restore order and would become king and the cycle would start over.<br /><br />Now it is observable that this is not an absolute law. Some of the Swiss Cantons for example evolved from democracy to aristocracy. That there is such a tendency however is well illustrated by the evolution of the soviet state, of which I shall have more to say later.<br /><br />Because of this observation that the better forms tended to denigrate into corrupted forms, because there was nothing to check the will of the rulers, it came to be accepted that a form of government was needed that would check their will.<br /><br />The ancients concluded that the way to best check the authority of the rulers was to mix the three basic forms, monarchy, aristocracy, and democracy. Thus in a republic the monarch, the aristocracy, and the people would have the powers of the state shared out between them. Each would be a check on the others.<br /><br />This is of course the classic form of the British constitution. The Monarch held the executive power, had a negative on the legislative power, and appointed the judges. The House of Lords had a part of the legislative power, formed the supreme judicial tribunal, and it members had influence in local government. The people elected the members of the House of Commons who held part of the legislative power. The people held part of the executive power by participation in grand juries and coroners juries, held part of the judicial power by participation in trial juries, and participated in local government.<br /><br />Section 3 Democratic Republicanism<br /><br />In addition to this classical form of republicanism wich is now usually called constitutional monarchism, there have many attempts, some successful ,to build a lasting state on the form of the one, the few, and the many but with all officers drawn from among the people at large.<br /><br />For example the Constitution of the Commonwealth of Massachusetts, the oldest written constitution still in effect (adopted 1780 though many times amended), gives the Governor the executive authority with the advice of his council, gives the governor a negative over legislation though this is maybe over come by a two thirds vote of both houses of the legislature. The governor has the right to nominate judges with the advice and consent of his council. The General Court, composed of the House of Representatives and Senate have the legislative power subject to the governor’s negative. The Senate seats were apportioned according to tax receipts and the House seats according to population. The Supreme Judicial Court and the lesser courts wield the judicial power.<br /><br />The Government of the United States has a similar arrangement with the President as chief magistrate, nominator of judges, and with a veto over legislation. Congress is bicameral and chosen by significantly different electorates. The judicial power is wielded by the Supreme Court of the United States.<br /><br />Most republics since the American Revolution have tried to achieve some form of democratic republic with mixed success. In principal the idea is a good one, by giving the different office holders different incentives, it is hoped that they will act to check one another. However, the problem with Democratic Republicanism is the same thing which makes it appeal so strongly to democrats, every office is filled directly or indirectly by election or by appointment by elected officials.<br /><br />Therefore in the end, the performance of a Democratic Republic depends on the virtue of the people. A well written constitution may delay the corruption of a republic if it is venerated, defended and relied upon for political principals by the people. However the concentration of all power in the people tends towards the corruption of the state.<br /><br />Section 4 Democratic Constitutional Monarchy<br /><br />A development of Constitutional Monarchy that has become predominate over the last 150 years is Democratic Constitutional Monarchy. This variant on Constitutional Monarchism is distinguished by the triumph of the democratic branch over the monarchical and aristocratic elements of the state.<br /><br />In the United Kingdom for example, the executive power has been totally taken over by the democratic branch of Parliament. The Monarch’s negative over legislation has become dormant through lack of use. The Aristocratic Branch of the state has atrophied, its powers slowly stripped away and at the last, many of its members stripped of office for no good reason. The courts are still free of excessive interference by the democratic branch, but the doctrine of parliamentary sovereignty has meant that the courts ability to act a check on the legislature has become a nullity.<br /><br />This form is in essence, the decay of a constitutional monarchy into at best an ill designed democratic republic as in most of the crown commonwealth or at worst an out right democracy as in most of the Scandinavian states.<br /><br />I hope that both Mr.Bayers and the other readers of this blog may find some small degree of edification on the difference between Monarchism, Democracy, and Republicanism in the above. This may all so explain why I can without contradiction proclaim as the circumstances dictate Long Live The Republic! and God Save The Queen!Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-61477022649726115232008-07-04T12:30:00.000-04:002008-07-04T12:32:49.167-04:00July 4, 2008Today is the 232nd anniversary of the issuance of the Declaration of Independence by the Second Continental Congress. It was on that day that the legal basis for American state was established by the words of the operative clause, “that these united colonies are, and of right ought to be free and independent states; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.”<br /><br />Now given that the purpose of this blog is the closer union of the Anglosphere states, one might think I believe that this day was a great tragedy . However, I look at it as part of the political evolution of the Anglosphere. Just as Magna Charta, the model parliament, the petition of right, the civil war, the glorious revolution, the bill of rights, and the great reform acts, are a part of the story of the development of the free institutions of the Anglosphere, so to are the Declaration of Independence, the Constitution of the United States, and the U.S. Bill of Rights.<br /><br />In fact, today marks the beginning of the Anglo sphere as something distinct from the British nation.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-2796674340165955172008-05-20T10:29:00.000-04:002008-05-20T10:36:06.453-04:00In English There is No City Named Pair-eeThere is a city in English named Paris, but not one pronounced Pair-ee. Likewise there is no country in English called Deutschland, but there is a country called Germany.<br /><br />My point is that I am getting sick of hearing on the radio and reading on the net about an alleged city named Yangon in an alleged country named Myanmar In the English tongue these are known as Rangoon and Burma respectively.<br /><br />Now some might ask if I am not being narrow minded and parochial. After all, they might argue, it is their country and they can name their cities whatever they like. I agree they have every right to name their cities what ever they like in Burmese, because it is their country. However English is our language and they do not have a right to change it.<br /><br />This is not just about English, it is true of other languages as well. For example in Spanish there is no city called New York, but there is a city called Nueva York. In French there is no city called London, but there is one called Londres. In Latin there is no city called York, but there is a city call Eboracum.<br /><br />Granted that if the Burmese people rather than a dictatorship wanted to change the name of their country, then perhaps we could butcher the new name into English and stop calling it Burma, though we might not. But the idea that we should change the English Language for a bunch of third world tin pot dictators is beyond absurd.<br /><br />A proper use of the English language ought to be a requirement for journalists who report in the English tongue. American reporters who are assigned overseas ought to have the backbone not to pander to the wishes of a military dictatorship.Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-10515247.post-9443368037512352252008-05-05T10:35:00.002-04:002008-05-05T11:08:03.992-04:00Freedom and CultureI was inspired to write this by a wonderful <a href="http://www.mrsdutoit.com/index.php/main/single/3065/">post</a> by Connie du Toit titled Something to Live and Die For where she argues that freedom is not enough, that our society must have a commitment to high culture. I agree with this unreservedly and encourage people to read the whole article. However I have a few reservations about Mrs. Du Toit piece which I want to explore.<br /><br />Let me say that a few reservations does not mean I think she is wrong about her general thesis. She is dead right. It is not enough to simply have material abundance, as conscious entities the spiritual is as real for us as the material.<br /><br />What worries me is that she seems to be falling into the trap of the mind body dichotomy which has plagued our culture. It is no more to be desired that we have high culture but no material wealth, than that we have wealth but no high culture. In fact our material wealth is the necessary precondition for a widespread high culture. One of the glories of our civilization is that a line worker in a factory or a farmer have the material means to become educated and to fulfill an educated taste for literature and great works of art. Our shame is that many of our fellow citizens have not used that opportunity to better themselves intellectually, but instead have only striven for material consumption.<br /><br />On a related topic that Mrs. Du Toit did not discuss but that Albert Jay Nock does in his essay which she links to, “<a href="http://www.mrsdutoit.com/disadvantagespv.htm">The Disadvantages of Being Educated</a>.” That is the prejudice against athletics in education. This is a manifestation of the mind body dichotomy. I believe that athletics and outdoor activities such hiking or hunting are essential to a liberal education at least for men and probably for both sexes.<br /><br />Secondly I think it is important to distinguish between beauty and art. Art is a means of communication. It has a vocabulary and grammar. If a work of alleged art does not communicate with the viewer then either the viewer is uneducated or the artist is no good. This is the part of art that can be objectively judged without reference to either values or subjective ideas of beauty.<br /><br />Something can be ugly as sin and technically be good art. For example I hate Jackson Polick’s work. It is dreadful. I once was dragged to an exhibit of his work at MoMA. It literally gave me a headache. I would not willingly subject myself to his work in mass again. However this does not mean that he was a bad artist. It is clear from his early work that he could create art that communicated. It is clear from his later work that he had good color sense. Thus he either became lazy or he is communicating something by means of his splattered paint. If he is trying to convey something it must be either, a) I am avant guard and have no respect for my viewers, b) the world is chaos, or c) communication is impossible.<br /><br />An example of a better work is Turner’s The Fighting Temeraire Tugged to Her Last Berth to be Broken. The subject of this painting is a great sailing ship being towed by a small steam tugboat. The sun is setting over the water infusing the painting with reds and golds. The clouds scatter the light and give the painting an ethereal quality. Only the sailing ship and the tug seem fully real. Even the sailing ship painted in whites and golds has a washed out or faded quality. The reflections on the water only emphases the sold reality of the tug and the half faded quality of the sailing ship. A sunset is the end of the day and by extension is a symbol of endings. We might thus deduce that this painting is about the passing of the great age of sail and its replacement by steam power. Of course the title of the painting helps with this understanding. The ship is being tugged to her last berth to be broken. That is to torn apart and have some of the parts thrown away and others put to a new use. The fact that the painting is of HMS Temeraire shows that the painting was a general statement, because she had led the van of the second British column at Trafalgar. Her being towed to the breakers was a symbol of the passing of the age of sail.<br /><br />Since Turner’s work is easily understood by the educated viewer, while polic leave us scratching our head and wondering what he meant, Turner is the better artist. That is his work communicates better. That does not necessarily mean that he has a better message or that his work is more beautiful, though to my mind it is and he does.<br /><br />Like the ability to communicate, the values an artist tries to convey can at least in principal be objectively judged. Values are those things that we act for the sake of, that is we act to achieve them. As my favorite living science fiction writer wrote, “His mother had often said, When you choose an action, you choose the consequences of that action. She had emphasized the corollary of this axiom even more vehemently: when you desired a consequence you had damned well better take the action that would create it.” Since life and flourishing is the only logical final end, all values can in principal be judged in relation to the achievement of that end.<br /><br />Thus of the three ways to evaluate a work of art, two of them can be judged objectively. The third, subjective ideas of beauty is real, but fairly limited. Much of what people think is subjective beauty is in my judgment usually low order value issues or minor communications issues that cumulatively make the work unattractive to the viewer. However, the question that came up in Ms. du Toit’s blog regarding the Piss Christ, is an excellent example of a work where absent the title, the work would be highly ambiguous.<br /><br />The work in itself conveys little it is an image of a crucifix with a golden glow around it and a brownish yellow background. What does this mean? I am not sure but it could be a reference to the mystery of the crucifixion or the glory of god. However the title adds knowledge, piss is an extremely crude term for urine. The title makes the work a slap in the face, the worst form of empatour la bourgeois. But suppose instead it had no title or suppose if had the title “Christ through the product of his creation.” Is it beautiful in itself? That would depend on what message the viewer though was being conveyed and how well he thought it was being conveyed. Personally I think it is interesting, but not beautiful.<br /><br />A good example of subjective beauty is music. Why do we find some noises beautiful and others dreadful? Now sometimes it is the message in lyrics that we find dreadful, but that is not the whole story. One can disagree with the message of the lyrics and still find it beautiful and one can agree with the lyrics and find it dreadful. I am not a Christian, but I find this rendition of Oh little Town of Bethlehem absurdly beautiful. The fact that rationally I do not believe in the historically of the birth of Christ or the reality of God is completely irrelevant. Indeed it is music like this that brings me half way to believing.<br /><br />In sum, art and beauty are not the same thing and we should be wary of the mind body dichotomy, but Mrs. Du Toit’s is a wonderful and rewarding post.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-67640842390842293592008-03-08T14:51:00.003-05:002008-07-08T14:34:03.450-04:00Lying and Jury Nullification<span class="blsp-spelling-error" id="SPELLING_ERROR_0"><a href="http://patterico.com/2008/03/07/balko-asking-prospective-jurors-if-they-would-follow-the-law-is-a-perjury-trap/">Patterico</a></span> has gone after <a href="http://www.reason.com/blog/show/125341.html"><span class="blsp-spelling-error" id="SPELLING_ERROR_1">Radley</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Balko</span> </a>for complaining about questions during <span class="blsp-spelling-error" id="SPELLING_ERROR_3">voir</span> dire that are meant to entrap potential jurors so that if they exercise their right nullify they will be guilty of perjury.<br /><br /><span class="blsp-spelling-error" id="SPELLING_ERROR_4">Patterico</span> says that these questions are perfectly <span class="blsp-spelling-error" id="SPELLING_ERROR_5">ok</span> and that the real problem is people lying during <span class="blsp-spelling-error" id="SPELLING_ERROR_6">voir</span> dire. He gets very self righteous about this. I have a question for him if he was under oath in a German court in the 30s or 40s and he was asked a question that would have reveled that he was a Jew or a member of the resistance would he feel obliged to tell the truth? Would he tell the truth or is he a “liar.”<br /><br />It is instructive that <span class="blsp-spelling-error" id="SPELLING_ERROR_7">Patterico</span>, like the legal profession as a whole, uses the legal French term <span class="blsp-spelling-error" id="SPELLING_ERROR_8">voir</span> dire for the process of eliminating jurors that the state and defense find inconvenient. This is because the English term for this process, jury packing, is perhaps to revealing.<br /><br /><span class="blsp-spelling-error" id="SPELLING_ERROR_9">Patterico</span> cites one recent case by the California Supreme Court saying that jury nullification is bad. This opinion as <span class="blsp-spelling-error" id="SPELLING_ERROR_10">Patterico</span> quotes it does not cite <span class="blsp-spelling-corrected" id="SPELLING_ERROR_11">precedent</span>, only a law review journal article. He claims that this opinion is “the law” and that those who believe in jury nullification are subverting the rule of law. He claims that nullification is a power but not a right.<br /><br />In fact jury nullification is a lawful power. The real precedent is clear and the exact opposite of the opinion of <span class="blsp-spelling-error" id="SPELLING_ERROR_12">Patterico</span> and the California Supreme Court. In one of the few jury trials before the supreme court in 1794 John Jay first Chief Justice of the United States instructed the jury as follows.<br /><br /><br />“It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt, you will pay the respect, which is due to the opinion of the court: For, as on the one hand, it is presumed, that juries are the best judges of facts; it is, on the other hand, presumable, that the court are the best judges of law. But still both objects are lawfully, within your power of decision.” Georgia v. Brailsford, 3 U.S. 1, 4 (1794)<br /><br />This was not some fantasy of the Chief justice and a small majority of the court. Though the early court was notorious for adhering to the old English practice of each judge giving his opinion <span class="blsp-spelling-error" id="SPELLING_ERROR_14">seriatim</span>, the Chief Justice told the jury, “It is fortunate on the present, as it must be on every occasion, to find the opinion of the court unanimous: We entertain no diversity of sentiment; and we have experienced no difficulty in uniting in the charge, which is my province to deliver.” Id. In other words this is the opinion of the unanimous court.<br /><br />The context within which this charge was given to the jury is even more revealing. The foregoing was not <span class="blsp-spelling-error" id="SPELLING_ERROR_15">obiter</span> dictum. According to the Chief Justice’s charge “The facts comprehended in the case, are agreed; the only point that remains, is to settle what is the law of the land arising from those facts; and on that point, it is proper, that the opinion of the court should be given.” Id. In other words there was no question of facr to put to the jury, only an uncompounded question of law, thus it was necessary for the court to consider the <span class="blsp-spelling-error" id="SPELLING_ERROR_16">jury</span>‘s power in coming to its instructions.<br /><br />Nor does this opinion stand alone. In 1916 the Alabama Supreme Court held,<br />“One of the most valuable rights of a trial by jury in criminal cases, and that which distinguishes the right from that in civil cases, is the right of the jury to render a general verdict; that is, to say, "guilty" or "not guilty," no matter what the witnesses may say as to the evidence, nor what the judge may say as to the law. Of course the jury ought no more to arbitrarily disregard the instructions of the judge than they ought to arbitrarily disregard the testimony of witnesses; but they can do both, and ought to do so, when both are founded on, or are in, error. Jurors are not bound to follow what a witness says as to the facts, nor what the judge says as to the law; the two being only agencies to aid them in arriving at a "true saying," a verdict.” Warren v. State, 197 Ala. 313, 331 (Ala. 1916)<br /><br />In 1849 the Vermont Supreme Court held,<br /><br />“ From the earliest date, the supreme court, while they held jury trials in bank, were, as I have always understood, in the habit in criminal cases of charging juries, that they were rightfully the judges of the law as well as the facts; and I think the same has since been the general practice by the judges of the supreme court at <span class="blsp-spelling-error" id="SPELLING_ERROR_17">nisi</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_18">prius</span>. The question in regard to the right of the jury was also incidentally before the supreme court in 1829, upon a charge of one of the judges at <span class="blsp-spelling-error" id="SPELLING_ERROR_19">nisi</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_20">prius</span>, which it was contended, on the part of the respondent, was to be construed as having denied such right. It was conceded in the argument, that if the charge were liable to such construction, it could not be supported. The charge was held unobjectionable in that respect; but PRENTISS, J., in delivering the opinion of the court, remarks upon the question as follows:--"There is no doubt, the jury are judges of the law as well the fact. This is the true principle of the common law, and it is peculiarly applicable to a free government where it is unquestionably both wise and fit, that the people should retain in their own hands as much of the administration of justice as is consistent with the regular and orderly dispensation of it, and the security of persons and property. This power the people exercise in criminal cases, in the persons of jurors, selected from among themselves from time to time as occasion may require; and while the power thus retained by them furnishes the most effectual security against the possible exercise of arbitrary power by the judges, it affords the best protection to innocence." State v. Wilkinson, 2 Vt. 480. This opinion of a former chief justice of this state, of acknowledged legal ability and integrity, must be justly entitled to high consideration by this court.” State v. <span class="blsp-spelling-error" id="SPELLING_ERROR_21">Croteau</span>, 23 Vt. 14, 19-20 (Vt. 1849)<br /><br />In 1841 the Maine Supreme Court held,<br /><br />“But the presiding Judge erred, in determining that in criminal cases, the jury are not the judges of the law as well as the fact. Both are involved in the issue, they are called upon to try; and the better opinion very clearly is, that the law and the fact are equally submitted to their determination. It is doubtless their duty to decide according to law; and as discreet men, they must be aware, that the best advice they can get upon this point, is from the Court. But if they believe they can be justified in deciding differently, they have a right to take upon themselves that responsibility.” State v. Snow, 18 Me. 346, 348 (Me. 1841)<br /><br />I could go on in this vain for hours, case after case. There is simply no doubt that at the time of the founding the jury had the right to decide fact and law. Perhaps <span class="blsp-spelling-error" id="SPELLING_ERROR_22">Patterico</span> believes in a “living constitution” in which case he may disregard the vast precedent against his position and embrace the attempt by courts during the last hundred years to subvert the jury system. The fact is however that this is not defending the rule of law, it is subverting BOTH the constitution and the rule of law.<br /><br />To return to the question which began this argument, what should people do when they are being subject to the jury packing process by a judge, prosecutor, and defense attorney who are colluding to allow the judge to act Ultra <span class="blsp-spelling-error" id="SPELLING_ERROR_23">Vires</span>. If a truthful answer would help the judge in his usurpation of authority not granted to him by the constitution, then it is to his own conscience that each venireman must have resort.<br /><br />I will say that my own behavior in the past has been to evade the question for as long as possible, usually by answering the letter, but not the spirit of the question for as long as possible. When I am pinned down by a question, I then try and answer fully so as to explain the right of jury nullification in a loud tone of voice so as to poison the whole <span class="blsp-spelling-error" id="SPELLING_ERROR_24">venire</span> pool. I am thus resisting to the largest possible extent the judges attempted usurpation and fulfilling my responsibility as a citizen to uphold and defend the laws and constitution of the republic. (Warning this often gets one threatened with contempt of court)Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-10515247.post-57190854696502035062008-03-04T11:07:00.000-05:002008-03-04T11:09:11.788-05:00Three Cheers For A Warrior PrinceHaving been without a connection to the internet over the last few days, I was overjoyed to hear that HRH Prince Henry of Wales has been serving with the British Army on the North West Frontier. I had been very disappointed when he was denied the chance to serve with his Regiment in Mesopotamia. Actually I was foaming at the mouth calling the Minister of Defense unprintable names.<br /><br />I am glad to realize that the MOD was actually being clever rather than pusillanimous. I am even more glad that Prince Henry has been able to do the job for which he signed up. Judging from the interviews I have seen of him he is very happy to have been able to do so.<br /><br />There has been a lot of talk about how putting the Prince on the front line is irresponsible. This is nonsense. Granted that the enemy would love to kill or capture him, but that is something that should have been thought of before he was accepted into the royal army. He was accepted and should now be allowed to take his chances. Furthermore, his importance is being over blown, he is not the King of England, he is a subject of the Queen. The Prince at least realizes this and wants to serve his Queen and Country.<br /><br />The Prince is an inspiration to us all. Three Cheers for Prince Henry!Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-10515247.post-25480604119015715892008-01-26T17:07:00.000-05:002008-01-26T17:08:22.690-05:00Australia DayTo all my readers down under, if I have any, I hope you all have a great Australia Day.Unknownnoreply@blogger.com0