Category Archives: Law

1807 Insurrection Act Was Good Enough For T. Jefferson. So, Bring It.

Constitution, Crime, Federalism, Foreign Policy, Founding Fathers, Law, States' Rights

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Face it. The US Constitution is a dead letter. The American Constitutional scheme—federalism—exists only in as much as to allow outlaws within and without government to hurt the law-abiding.

No other than Thomas Jefferson, an august constitutional authority if ever there was one, passed the 1807 Insurrection Act.

“Jefferson, to his credit, says I’m not going to act unless the Constitution says I can act,” says Fea. “The Federalists take a much broader view of the Constitution. If the Constitution doesn’t outright condemn it, then it’s OK.”

Jefferson stuck to his principles and in December of 1806 asked Congress to pass a bill “authorising the emploiment of the land or Naval forces of the US. in cases of insurrection.” This legislation, known as the Insurrection Act, would take another three months to become law.

Do it, Mr. President. Better late than never. Quell these bloody riots. Some skulls need cracking.

It was early in June that POTUS promised to protect American life, liberty and property forsaken, by invoking the 1807 Insurrection Act. Oh yes, “There’s this long tradition of” deploying the military to protect only countries the US invades, so this would be a departure from the imperial tradition.

Now, amid the razzmatazz of the Republican National Conference (RNC), being floated again is the idea of invoking the Insurrection Act to perform the negative duties of saving American lives and livelihoods. “Idea”? It’s more like a constitutional obligation hitherto ignored.

The police, whose first duty is to uphold the negative rights of the citizens, appear to believe they serve not the citizens but local mob bosses like Seattle’s mayor, Jenny Durkan, and her crooked police chief, Carmen Best. The latter, who seems to worry more about the weave on her head and eyelashes than about the working people of the city, commanded her compliant and cowardly police officers to desert their posts and the people they swore to protect.

READ: “Bring In The Feds! Protection Of Natural Rights Trumps Federalism”

UPDATED (8/22/): NEW COLUMN: Was The Cop’s Knee On George Floyd’s Neck ‘Racism’? No!

Conservatism, Free Speech, Law, Left-Liberalism And Progressivisim, libertarianism, Paleoconservatism, Political Philosophy, Race, Racism, Reason

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NEW COLUMN IS “Was The Cop’s Knee On George Floyd’s Neck ‘Racism’? No!” It featured on Townhall.com, WND.COM, the Unz Review, and Newsroom For American and European-Based Citizens.

It is currently a feature on American Greatness:

“Was The Cop’s Knee On George Floyd’s Neck ‘Racism’? No!” It is the second in a series deconstructing the racism construct. For the first, there is also a quick YouTube primer.

Excerpt:

Racism consists of a mindset or a worldview that boils down to impolite and impolitic thoughts and words written, spoken, preached, or tweeted.

If that’s all racism is, you ask, then what was the knee on George Floyd’s neck? Was that not racism?

No, it was not.

Judging from the known facts, the knee on Mr. Floyd’s neck was a knee on a man’s neck. That’s all that can be inferred from the chilling video recording in which Floyd expired slowly as he pleaded for air.

Floyd begged to breathe. But the knee on his neck—“subdual restraint and neck compression,” in medical terms—was sustained for fully eight minutes and 46 seconds, causing “cardiopulmonary arrest.”

There are laws against what transpired between former Officer Derek Chauvin and Mr. Floyd.

And the law’s ambit is not to decide whether the offending officer is a correct-thinking individual, but whether Mr. Chauvin had committed a crime.

About Officer Chauvin’s mindset, the most the law is supposed to divine is mens rea—criminal intention: Was the officer whose knee pressed on Floyd’s neck acting with a guilty mind or not?

For fact-finding is the essence of the law. The law is not an abstract ideal of imagined social justice, that exists to salve sensitive souls.

If “racism” looks like a felony crime, then it ought to be prosecuted as nothing but a crime and debated as such. In the case of Mr. Chauvin, a mindset of depraved indifference seems to jibe with the video.

This is not to refute the reality of racially motivated crimes. These most certainly occur. It is only to refute the legal and ethical validity of a racist mindset in the prosecution of a crime.

Surely, a life taken because of racial or antisemitic animus is not worth more than life lost to spousal battery or to a home invasion.

The law, then, must mete justice, in accordance with the rules of evidence, proportionality and due process. Other than intent, references to the attendant thoughts that accompanied the commission of a crime should be irrelevant—be they racist, sexist, ageist or anti-Semitic.

Ultimately, those thoughts are known only to the perp.

To make matters worse, legions of libertarians and conservatives have joined the progressive establishment in the habit of sniffing out and purging racists, as though they were criminals.

Sniffing out thought or speech criminals is a no-no for any and all self-respecting classical conservative and libertarian. We should never persecute or prosecute thought “criminals” for utterances not to our liking (unless these threaten or portend violence). …

… READ THE REST. LATEST COLUMN IS currently a feature on American Greatness:

UPDATE (8/22/20):

Loup-Bouc:

Fine article, Ms. Mercer. Unlike all other Unz Review authors who have addressed the Floyd case, you apprehend accurately/correctly much of the pertinent law. ..I observe that you have written a fine article. Brava.

Mark Humphrey says:
August 22, 2020 at 1:51 am GMT   ?

This essay is the clearest and most effective explanation as to why racism and other bad ideas are not criminal. Of the numerous Mercer essays I have read, this is the best. Thank you.

 

 

Strip Social Media’s Social Engineers Of Their State Grants-Of-Privilege

Argument, Business, Conservatism, Free Speech, Law, libertarianism, Republicans, Technology, The State

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As ever, the political caste, in general, and “the party of industry and commerce,” in particular, has shown itself to be arrayed against Middle America.

How so?

An army of Covington Kids ought to have advanced on social media’s loathsome moral crusaders and censors. It can’t, because stripping the tech trolls of their state-grants of privilege has slipped down the order of business.

Depriving social media’s social engineers of their state grants-of-privilege seems more than reasonable.

Nobody conservative is arguing that “government should regulate content moderation of social media,” CATO Institute.

What is being advocated is that social-media censors be deprived of their state-grants of privilege and protections against liability. For social media are collective frauds. While acting as editors and social engineers, they are legally safeguarded as mere platform providers.

Under Section 230 of the Communications Decency Act, tech companies currently enjoy broad immunity from civil lawsuits stemming from what users post because they are treated as “platforms” rather than “publishers”.

Trump’s executive order is designed to pressure regulators, including the Federal Communications Commission and the Federal Trade Commission, to come up with new rules that would curtail that immunity. It is likely to face legal challenges. (The Guardian)

Look, laws exist. Too many of them. It would be great were there fewer of these laws. However, whether intended or not,  the upshot of corporate libertarianism is that laws only ever hamper the little guy and gal, never the multinational shyster and fraudster.

Naturally, conservatives must agree that unfettered speech is just that.  They can’t start carving out pet exceptions.

UPDATE (4/13/021):  The Civil Rights Act route is way better than Section 230 repeal—although that, too, must be tackled.

UPDATED (8/14): NEW COLUMN: America’s Race Reality: Inhuman, Insane, Incoherent

Crime, Criminal Injustice, English, Justice, Law, Paleoconservatism, Paleolibertarianism, Political Correctness, Propaganda, Race, Racism

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NEW COLUMN IS “America’s Race Reality: Inhuman, Insane, Incoherent.” It appeared on WND.COM, The Unz Review, American Renaissance, Newsroom For American And European Based Citizens, The Saker.

The column, called “Racial Violence Isn’t a One Way Street,” is now a feature on American Greatness, which, under the intrepid leadership of Julie Ponzi and her colleagues, has fast become the leading, cutting-edge paleoconservative publication.

Excerpt:

Racism is a lot of things. One thing it is not:

A white child, aged five, executed by a black man with a shot to the head, as the tyke rode his bike. Ask the cultural cognoscenti. They’ll tell you: That’s never racism.

Otherwise, almost anything involving the perpetually aggrieved black community counts as racism.

Students hoist a “thin blue line” flag in solidarity with police: racism.

A black male is asked for his driver’s license: racism. Of course it’s systemic. Are you stupid, or something?

A white politician proclaims that “all lives matter”: Come again? Are you kidding me?!

A museum curator fails to commit to the exclusion of the art of white men, including, presumably, the Old Masters: not racism; white supremacism. Be gone with you, Rembrandt and Vermeer.

A black student struggles with English grammar. English grammar is ruled racist. Take that, Dr. Johnson!

This, even though, logically, it is more likely that our student is not up to the task or hasn’t tried hard enough; that his tutor is not up to the task and hasn’t tried hard enough—or all of those things combined.

As you can see, accusations of racism are seldom grounded in reason or reality.

Racism, then, is just about anything other than the point-blank execution of little Cannon Hinnant (white), on August 9, by Darius Sessoms (black), and the rape, the other day, by Dejon Dejor Lynn, 25, of an old lady: his 96-year-old neighbor.

From the media industry’s modus operandi, we may comfortably deduce that the raped lady is almost certainly white.

How so?

Fully 73 percent of the residents of Ann Arbor, Michigan, are white. If the race of an unnamed victim of black crime is withheld, she’s most likely white. Were the victim Hispanic, the media industry would say so, and would forthwith withhold the picture and race of the “suspect,” so that the crime became an attack against a “minority.”

Similar black-on-white atrocities are a daily occurrence, documented, “in moving images,” by “the fearless and indefatigable journalist Colin Flaherty.” They are either ignored by the media industry or described as racially neutral.

In a powerful responsorial that is almost religious in cadence, Jack Kerwick, a FrontPageMag.com columnist, and occasional American Greatness contributor, commands us to “say their names”: …

… READ THE REST. “Racial Violence Isn’t a One Way Street” is now featured on American Greatness

UPDATE (8/14): Marc Train at WND:

MarcTrain • 5 hours ago @WND Comments:

Man …this woman is the ONLY conservative writer who will touch this with a million ft. pole. Tucker Carlson does a little but she hits it out of the park …