Showing posts with label Freedom of Religion. Show all posts
Showing posts with label Freedom of Religion. Show all posts

24 May 2025

Facts About Donald Trump And His Administration

Some of the major themes of Trump 2.0's agenda are quite simply contrary to the law and Trump is just such as bad President and bad person.

* Opposition to the Israeli government's treatment of Palestinians is not antisemitic.

* The U.S. Supreme Court has specifically held for decades that antisemitic speech is protected the First Amendment. National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977).

* Equity and inclusion have been legally required in employment, at least since the Civil Rights Act of 1964, and in public education since Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

* Diversity achieved by breaking down barriers to employment and education for women, people of diverse sexual orientation, minorities, and people with disabilities is legal, and arguably mandated by U.S. Civil Rights laws.

* Diversity achieved by favorable treatment of women, people of diverse sexual orientation, minorities, and people with disabilities, relative to a meritocratic standard is legal to overcome past discrimination.

* No U.S. law is a valid basis for removing books and websites that laud the achievements of historical women, people of diverse sexual orientation, minorities, and people with disabilities, or depict these individuals in fiction. Indeed, multiple court cases applying existing U.S. law have held that this kind of censorship in public libraries is illegal, such as a recent case involving the Elizabeth school district in Colorado.

* None of the Trump 2.0's political appointments have been remotely meritocratic, contrary to his claim that he wants to end affirmative action.

* There is no legal basis for the U.S. federal government to prohibit educational institutions, public or private, at any legal, from teaching critical race theory.

* Discrimination against white, straight men in employment and education is modest at best, and mostly, non-existent.

* Discrimination against Christians in the U.S. is basically non-existent, and, instead, for the most part, the U.S. sees significant discrimination against non-Christians.

* Christian religious freedom is not a valid basis for discrimination against homosexuals and transgender people by organizations that are not religious organizations.

* All levels of government in the United States are strictly forbidden from supporting any particular religion, or religion at all, by the establishment clause of the First Amendment to the U.S. Constitution.

* It has been illegal since the Impoundment Control Act of 1974 for the President to refuse to spend Congressionally appropriated funds.

* Generally applicable rules and regulations of the Executive Branch of government in the United States can only be adopted after notice and hearing according to the procedures of the Administrative Procedure Act.

* Speech, legislative lobbying, and legal action against President Trump are protected by the First Amendment and it is illegal for President Trump to retaliate against law firms and individual for doing so.

* Federal employees who are not political employees or lawyers cannot legally be fired by the President without good cause.

* The President has no constitutional authority over employees of Congress or the judicial branch or employees of non-profit corporations formed by the U.S. government, and has only the authority granted to him by federal statutes to do so.

* The President has absolutely no legal authority to defy a court order, even if the legal basis for issuing that order was incorrect and it is later overturned on appeal. Despite this, President Trump has intentionally defied court orders more than once in his first four months in office.

* The U.S. Constitution requires the directors of federal agencies to be nominated by the President and approved by the U.S. Senate, or, when a Congressionally approved law provides otherwise, by a federal judge or a U.S. Senate approved officer of the United States.

* It is illegal for the President to use his office to promote a private business in his official capacity.

* The U.S. Constitution expressly prohibits federal employees, including the President, from receiving gifts or other private benefits from holding a public office without Congressional approval on a case by case basis.

* The international war crime of "aggression" prohibits the U.S. from invading Canada, Greenland, or Panama at this time.

* White South Africans are not facing genocide in South Africa and do not meet the legal criteria to be classified as refugees. The claims that White South Africans are been systemically murdered on account of their identity in South Africa are not true, and the most compelling pieces of evidence the President Trump presented in support of that claim in a White House meeting with the President of South Africa were actually evidence of mass killings of black women in the Democratic Republic of Congo and evidence of symbolic political protests in South Africa in which no one was physically harmed.

* Kilmar Abrego Garcia, a Maryland resident who was wrongfully deported to El Salvador, is not a gang members and evidence relied upon by President Trump to support that claim was photoshopped onto a picture of Mr. Garcia.

* The Alien Enemies Act relied upon President Trump for man deportations is not a valid legal basis to deport anyone because the U.S. is not experiencing an invasion within the meaning of the act as President Trump claims, as multiple judges, some appointed by President Trump himself have held, and as an investigation by U.S. government intelligence agencies that he commissioned established.

* The Alien Enemies Act does not legally authorize deportation without due process.

* Only Congress may authorize the suspension of the right to seek a writ of habeas corpus, and only in places where the federal courts are unable to operate. See Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866).

* A core principle of federal law is that every person, whether or not that person is a U.S. citizen, and whether or not that person is a criminal or terrorist, is entitled to due process before being detained or deported.

* It is a core principle of U.S. constitutional law that every person born in a U.S. state, who does not have diplomatic immunity at the time, is a U.S. citizen. This includes the children of illegal immigrants. No U.S. court has ever ruled to the contrary since the 14th Amendment to the U.S. Constitution, which gave rise to this right, was adopted.

* It is illegal for the President to fire members of an independent agency board without cause. Humphrey's Executor v. United States, 295 U.S. 602 (1935), was a decision of the Supreme Court of the United States that ruled that the U.S. Constitution allows the U.S. Congress to enact laws limiting the ability of the President of the United States to fire the executive officials of an independent agency that is quasi-legislative or quasi-judicial in nature.

* The President's authority to unilaterally impose tariffs without an act of Congress doing so is very doubtful, and mere trade deficits with a country are not a valid legal basis for doing so.

* The President has a legal duty to faithfully execute the U.S. Constitution and the laws of the United States.

* Every public official in the United States has a sworn duty to uphold the U.S. Constitution.

* The fact that the President has been held to have immunity from criminal and civil liability for his official acts does not mean that the President is legally entitled to violate the law, it just limited the legal remedies that are available when he does.

* The fact that the President has been held to have immunity from criminal and civil liability for his official acts does not mean that the President's subordinates charged with carrying out the President's orders also have immunity from criminal and civil liability for their official acts, if they are not judges or prosecutors and the claims are related to their participation in the legal process.

* Trump admitted on TV shortly after he announced tariffs to helping his billionaire friends engaged in insider trading on his tariff news. Many members of his administration and many Republicans in Congress have engaged in insider trading.

* Trump has sold access to the White House to mostly foreign investors in a meme coin he introduced after taking office for a second time. The coin has funneled hundreds of millions of dollars to Trump, enriched rich foreign investors, and produces big losses for almost all ordinary investors in the meme coin.

* Trump had basically a commercial for Tesla cars on the White House lawn after Elon Musk's political involvement (an advisor of the President so close that he has been called the co-President) with Trump and Nazi and far right, and Trump has quashed about a dozen federal investigations of Musk's companies, awarded Musk's companies many billions of dollars of government contracts without the usual government bidding process, and has insisted that countries do business with Musk's companies in trade negotiations.

* Members of Congress have an express legal right to inspect immigration detention facilities without notice even if the President orders the officials there not to allow them to do so.

* The President does not have the legal authority to revoke a non-profit organization's tax exemption without good cause, and may not do so for legally authorized good cause specific to eligibility to receive non-profit status for reasons not specific to eligibility for non-profit status under the Internal Revenue Code.

* The President does not have the legal authority to deny a higher educational institution the right to admit and teach international students entitled to student visas under the Immigration And Nationality Act without good cause specifically set forth in the Immigration and Nationality Act that is specific to eligibility to do so under the INA.

* The President does not have the legal authority to revoke a student visa, or any other person's immigration status, based upon the lawful free speech.

* It is a crime for IRS officials to share confidential tax information with the government to enforce non-criminal laws.

* It is a crime to use military personnel to enforce the laws within the United States. The law that says so is called the Posse Comitatus Act.

* The President does not have the legal right to blacklist a news reporting agency because he doesn't agree with the views expressed by that agency.

* Donald Trump is a convicted felon.

* Donald Trump is a legally adjudicated rapist.

* Donald Trump has been found repeatedly by the courts to have engaged in fraud, defamatory conduct, and illegal racial discrimination.

* Donald Trump is wealthy in large part because he inherited a large sum of money from his father.

* Six companies, including casinos, that Trump has owned have filed for bankruptcy.

* Trump's University had to settle a civil case against it for fraud for a large sum of money for fraud that Trump personally participated in.

* Trump's main business organization and one of its main executives were criminally convicted of tax fraud in New York during the most recent Presidential campaign.

* Trump and organizations he is affiliated with are notorious for not paying their bills when due. He is also notorious for not paying his lawyer's bills.

* Donald Trump has multiple multi-million dollar money judgments from courts that are currently enforceable outstanding against him.

* Donald Trump and his current wife have both acted in pornographic films. His current wife's primary employment prior to meeting Donald Trump was as an actress in pornographic films and her visa was obtained in the "genius" category despite the fact that she had no other meaningful professional or educational expertise, and she was not even a particularly success porn star.

* While they are not legally separated, Trump is de facto mostly separated from his wife and is notorious for subtly disrespecting her in public settings.

* Donald Trump paid $100,000 in hush money in an attempt to silence a prostitute he hired and then misreported it on financial statements.

* Donald Trump has repeatedly engaged in adultery during each of his many marriages.

* Donald Trump has publicly stated that he doesn't know if he has a legal duty to obey the U.S. Constitution despite twice swearing oaths to uphold it as President of the United States.

* Donald Trump is legally prohibited from operating any business or charity in the State of New York as a result of separate business and charitable fraud cases.

* Donald Trump was legally found by a Colorado trial court, in a decision whose factual determinations were affirmed by the Colorado Supreme Court, and which were not found to be incorrect on the merits by the U.S. Supreme Court, to have engaged in an insurrection against the United States that would bar him from holding federal office. The U.S. Supreme Court overruled the decision of the Colorado Supreme Court only on the ground that the provision of the 14th Amendment which bars people who have engaged in insurrections against the United States from holding federal office is not self-executing and must occur in Congressionally authorized legal proceeding (contrary to strong arguments from the language of the U.S. Constitution, the legislative history of the 14th Amendment, and past precedents applying that constitutional provision).

* There is no legal or constitutional way that President Trump can hold the office of President for a third-term.

* There was no credible evidence that President Trump won the Presidential election in 2020, many attorneys who brought claims challenging that election where sanctioned or disbarred for bringing groundless and frivolous claims, and at least one elections official in Colorado was convicted of multiple state election law crimes in an effort to create that impression. Fox News paid more than $800 million to settle defamation claims to that effect in a lawsuit filed by a voting machine maker on the brink of trial in connection with those claims and another very strong defamation claim against it from another voting machine maker is currently pending.

* In President Trump's first four months in office, approximately four dozen court rulings have held that one or more of his Executive Orders is illegal. No President in U.S. history has issued Executive Orders at such a high rate, or had such a large percentage of his Executive Orders held to be illegal.

* Trump has, in a conspiracy with his physicians, repeated made grossly false statements about his height and weight.

* Trump dodged the draft multiple times during the Vietnam War by procuring a false medical excuse claiming that he had "bone spurs" from a doctor that conspired with him to do so.

* Trump was a transfer student to Wharton Business school whose admission was obtained with donations to the college from his father. It is know for certain that he was not a top student as he has sometimes claimed as he was never on the honor roll. He has jealously kept his academic records from Wharton secret but one of his past professors there characterized him as one of the least academically competent students that he ever had.

* Trump's father was a Ku Klux Klan member and a Nazi supporter.

* Despite Trump's America First trade stance, almost all of the merchandise he sells in his various businesses and for his political campaigns is made outside the United States, mostly in China.

* Many members of Trump's family and some of Trump's businesses have been greatly enriched personally in one-sides transactions meant to curry political favor with him.

* Trump was a close associate of Jeffrey Epstein, a famous procurer of child prostitutes for the rich and famous including British Prince Andrew, who died in prison after being convicted of related crimes, and Trump was a repeat visitor to Epstein's "sex island" and is shown in pictures surrounded by child prostitutes.

* Trump bragged in a recorded interview of sexually assaulting women.

* Trump has made sexually suggestive comments about his own daughters and was known to have abused his authority as a sponsor of beauty contests for minor girls to watch them undressed in the changing rooms associated with those contests.

* Trump on the campaign trail has mocked a disabled man for being disabled, denigrated veterans and prisoners of war (including Republican Senator John McCain) for being losers, and has encouraged people at his campaign rallies to use violence against hecklers at his rallies.

* Trump went out of his way, prior to being formally involved in politics, to denigrate five teenager who were wrongfully convicted of assault and rape of a jogger in a case occurring in Central Park in New York City in 1989, who were later exonerated by DNA evidence after serving prison terms (New York City later settled the civil case arising from the wrongful convictions for $41 million), and Trump stood by his actions (which may have contributed to their wrongful convictions) after the men were unequivocally exonerated.

* Despite being particularly popular with the Christian right to the point of being viewed as a messiah or saint by some, promoting bible sales to raise funds, and appointing an Evangelical Christian advisor, Trump is not at all religious and knows almost nothing about the Bible or Christian doctrine.

* Both Trump's FBI director and his attorney general in his current term were on the payroll of the Qatari government receiving large amounts of compensation from the Arab oil monarchy shortly before taking their current offices. The Qatari government recently gave Trump a $400 million jet liner for his personal use which his attorney general claimed did not violate constitutional or federal law limitations on receiving personal gifts from foreign governments. Trump's company has been pursuing a multi-billion dollar resort development project in Qatar at the time of this gift.

* No politician in U.S. history has ever publicly made false statements of fact at a rate as high as that of President Trump. Indeed, no one else even comes close.

* Vaccines do not cause autism.

* The measles vaccine is safe, effective, and the most effective way to prevent death or serious long term negative effects from measles.

* Trump's actions since he took office have significantly reduced the number of federal employees available to carry out air traffic control.

* Trump's actions since he took office have significantly reduced the number of federal employees and resources to predict the weather and response to weather related emergencies.

* No President in U.S. history has declined to provide emergency relief authorized by U.S. law to natural disaster victims at the rate that President Trump has in his second term.

* Trump has essentially dismantled federal enforcement of federal laws protecting the civil rights of women, racial minorities, homosexuals, and transgender individuals.

* No President in the history of the United States has made as many absurdly wrong statements of historical fact as Donald Trump (e.g., that there were air based during the American Revolution, or that the U.S. was an ally of the Roman Emperor, or that Mattel is a country).

* In his 2024 Presidential campaign, Donald Trump repeatedly made knowingly false claims that Haitian refugees in Ohio were stealing and eating cats and dogs, that that public schools were providing free sex change surgeries to transgender children at those schools.

* Many of the pardons issued by Trump have been to people who contributed to his political campaigns.

* Many of the people whom Trump pardoned for January 6, 2021 capitol riot charges have subsequently committed crimes in the four months since he pardoned them.

* President Trump has nominated a convicted felon, who is the father-in-law of one of his children, to be the U.S. ambassador to France.

* No President has had more subordinates and affiliates convicted of crimes than Donald Trump.

* No one other than Donald Trump has been impeached two separate times by the U.S. House of Representatives although neither of those impeachments were upheld by the required two-thirds majority of the U.S. Senate (in both cases the vote was largely on party lines, although a number of Republican Senators joined Democrats to convict in the second impeachment trial). In the second impeachment of Donald Trump, 57% of Senators voted to convict, the highest percentage other than the impeachment trial of Andrew Johnson in 1868 which failed to convict in the face of 35-19 votes to do so in the U.S. Senate when 36 voters were required to convict.

* Trump, in both his first and second terms, was the least popular President in the history of modern polling.

* Trump's anti-vaccination rhetoric, and pseudo-scientific medical claims about COVID-19, and his downplaying of the severity of the COVID-19 led to hundreds of thousands of preventable COVID-19 deaths in the U.S., primarily among elderly Republicans.

* Trump was indicted in four criminal cases which were still being tried during his 2024 Presidential campaign: a federal case arising from his involvement in the January 6, 2021 capitol riot, a federal case arising from his refusal to return top secret nuclear weapons information to the government that he was storing in a bathroom in his Florida resort, a Georgia case involving his illegal attempts to cause election officials there to engage in election fraud to elect him, and a New York State fraud case in which he was convicted of 34 felonies (but given no substantive criminal sentence in a sentencing hearing conducted after he was elected). The confidential records case was presided over by a federal judge he personally appointed in Florida, and dismissed on the legally dubious grounds that the special prosecutor statute was unconstitutional, with the case dismissed because Justice Department policy prohibits pressing criminal charges against a sitting President. The January 6 case was appealed on the grounds that he had absolute immunity from criminal charges for his official acts, which lower courts unanimously denied but the U.S. Supreme Court with had three justices he personally appointed who did not recuse themselves made the unprecedented decision over a strongly worded dissent that the President has absolute immunity from criminal prosecutions for his official acts. The charges in that cases were revised on remand to limit the case to Trump's unofficial acts (with considerable damning evidence revealed in a final report from the case) and then this federal case was dismissed because Trump was elected President and Justice Department policy is to not prosecute a sitting President.

* Trump routinely dresses inappropriately for state funerals and fell asleep in public during the funeral for Pope Francis.

19 May 2025

Buddhism And The State

China and Korea, at least, do not have a tradition of separation of church and state when it comes to Buddhism (which, notably arrived in this region long after Confucianism became a defining and state sponsored ideology). The Buddhist reliance on state support also helps to explain its fall in these places.
Again, as was also the case in so many Buddhist countries, the success of Buddhism relied heavily on its connections to the court. In Korea, the tradition of “state protection Buddhism” was inherited from China. Here, monarchs would build and support monasteries and temples, where monks would perform rituals and chant sutras intended to both secure the well-being of the royal family, in this life and the next, and protect the kingdom from danger, especially foreign invasion.

…As in China, the Korean sangha remained under the control of the state; offerings to monasteries could only be made with the approval of the throne; men could only become monks on “ordination platforms” approved by the throne; and an examination system was established that placed monks in the state bureaucracy. As in other Buddhist lands, monks were not those who had renounced the world but were vassals of the king, with monks sometimes dispatched to China by royal decree. With strong royal patronage, Buddhism continued to thrive through the Koryo period (935-1392), with monasteries being granted their own lands and serfs, accumulating great wealth in the process.
From Donald S. Lopez, Jr., "Buddhism: A Journey through History" (2025).

14 May 2025

Sanctioning And Preventing Federal Government Corruption

Emoluments And Other Standing Problems
The law is very clear. And, it is the highest possible law - a part of the United States Constitution. But, enforcing it, particularly in the case of a President who violates it, by any means short of an impeachment, which can be circumvented by 34 Senators of the President's political party, is another thing.

The U.S. Supreme Court's rules on standing to sue takes the position that you can't have standing to sue as a taxpayer, as a U.S. citizen, or as a voter, on a wrong that affects everyone in the same way.

The U.S. Supreme Court recently held that the President is immune from criminal liability for his official acts, no matter how egregious (in a stark deviation from the widespread understanding at the time it ruled this way), in addition to being immune from lawsuits seeking money damages for his official acts.

Justice Department policy, and the structure of the Executive Branch also prevent federal prosecutors from prosecuting a sitting President, and the President's authority over the Justice Department, together with his pardon power, allows the President to shield anyone he favors from federal criminal prosecutions.

The U.S. Supreme Court hasn't directly ruled on the issue, but at least one lower court (in the criminal case against Trump involving his refusal to turn over documents with government nuclear secrets which he kept in his residence after he left office and refused to return upon demand) has held that special prosecutor statutes are unconstitutional, in an extension of the (until recently fringe) "unitary executive theory."

The same problem does not arise to nearly the same extent in state government. Almost every U.S. state has an independently elected state attorney general who can prosecute misconduct in other parts of the state government, and the federal government can also step in to prosecute state and local government corruption and violations of civil rights as a federal offense. The subject-matter jurisdiction of state courts is also not subject to the same level of strict limitations as the federal courts are by Article III of the U.S. Constitution.

This problem isn't unique to the Emoluments clause either. It comes up frequently in Establishment clause violations of the First Amendment. It can come up when one part of the federal government illegally shares confidential information with another part of the federal government. It comes up when the executive branch spends federal government money without a Congressional appropriation to support it. It comes up when a President orders a violation of the Posse Comitatus Act and then pardons anyone who was involved in it. And, there are many other contexts where serious violations of the law within the executive branch have no viable remedy.

In some cases, an entire house of Congress can, by majority vote, authorize a lawsuit against the Executive Branch in federal court, but this is cumbersome and rendered frequently ineffectual by partisan politics. In some cases, a federal government chartered corporation, like the Public Broadcasting Corporation, can have independent standing to sue and by sued under a statutory grant of federal authority.

But, there is no systemic solution to this problem in existing federal law. Mostly, we just have to trust the President to do the right thing, but not all Presidents have earned this trust, and certainly, our current President has not. This is a glaring flaw in American Public Law.

Solutions

There are plausible solutions which could be imagined that would set aside the usual rules of standing on the grounds of necessity. We could grant the federal courts the authority to deputize a special prosecutor to pursue these issues. We could grant standing to pursue these issues to state attorneys-general. We could allow Congress to create an independent agency (perhaps one located in the judicial or the legislative branch with no Presidentially appointed directors or board members from an organizational chart and constitutional perspective) to pursue these claims. We could vest this authority in former U.S. Presidents who are still living, or the candidate that was the runner up in the last Presidential election.

Possible Constitutional Amendments

Perhaps we need an "anti-corruption" constitutional amendment, although conceptually, maybe this could be broken into several components. Consider this package to six constitutional amendments (and to be clear, some of those could also be accomplished without constitutional amendments):

Anti-Corruption And Standing Amendment

* Create an agency that has standing to take criminal, and civil legal action with national effect), to enforce federal law, to render advisory ethics opinions, and to protect the rule of law within the federal government (perhaps with a director appointed by a governing board made up of federal judges chosen at random),
* Prohibit federal elected officials from having a role in, or knowledge of, the management of private businesses or investments while in office,
* Prohibit self-dealing and conflicts of interest by federal officials including the President,
* Prohibit felons from serving as President unless that disability is removed by the same means as an insurrection disability is removed,
* Prohibit members of Congress from serving while serving a sentence for a felony,
* Authorize removal of members of Congress without being formally expelled from office by the House where someone is a member by the courts for various grounds established by law constituting good cause,
* Expressly authorize the appointment of special prosecutors by a three U.S. District Court judge panel, where the Justice Department is conflicted, or where the federal government fails to prosecute a crime when a preponderance of evidence, beyond mere probable cause, shows that it was committed by the proposed defendant,
* Authorize facial challenges to the constitutionality of legislation and regulations by the anti-corruption agency and by state attorneys-general, even in the absence of a case or controversy or other proof of standing,
* Create standing to enforce the establishment clause by any person who resides in, or is detained by, the territory of a government that is alleged to have violated it,
* Expand the scope of grounds for impeachment to include a willful and persistent failure to faithfully execute the laws in violation of one's oath of office, or a willful defiance of a court order.
* Try impeachments before a panel of judges rather than by the U.S. Senate,
* Prohibit judges appointed by a President from serving as a judge in any court proceeding in which the appointing President is a party in a non-official capacity (including any criminal prosecution),
* Mandate that Congress pass appropriate legislation to thwart judge shopping,
* Create binding ethics rules for the U.S. Supreme Court and lower courts that can be enforced without utilizing the impeachment power by state attorneys-general, but some minority percentage of Senators, or by an anti-corruption agency, and
* Provide additional remedies for courts when federal government officials disobey court orders (including the permanent removal of an official from office, and the appointment of a special master to carry out the duties of the defiant official).

Immunity Amendment

* Overrule the U.S. Supreme Court's recent Presidential immunity ruling creating blanket immunity from criminal prosecution for a President's official acts,
* Forfeit immunity from civil lawsuits for money damages for acts that an official has been legally adjudicated to have committed in a criminal case or civil proceeding,
* Allow immunity from civil or criminal liability for federal government officials exclusively when Congress authorizes it by law, including, but not limited to Presidential immunity and qualified immunity for law enforcement,
* Prohibit stripping all courts of the authority to consider any matter,
* Narrow the political questions doctrine, and
* Make clear that there is no immunity from contempt of court liability.

Anti-Tyranny Amendment

* Impose limitations on the prosecution of state and local government officials by federal officials while they are performing their official duties (perhaps limiting such prosecutions to the anti-corruption agency),
* Make the Posse Comitatus Act a matter of self-executing constitutional law and to allow its enforcement in civil actions as well as by criminal prosecutions,
* Provide a self-executing, federal, private cause of action for compensatory, economic and non-economic damages including litigation costs and attorneys fees and/or injunctive relief, for any deprivation of federal rights constitutional or statutory, under color of state or federal law, against the government under whose authority or actions or inactions the deprivation was made, on a strict liability basis without regard to the intent of the government or governmental agents or employees doing so, and with no form of immunity (in a matter akin to the takings clause),
* Provide an absolute right to have criminal convictions vacated upon a showing of actual innocence by a preponderance of the evidence,
* Create a right to counsel in deportation actions and to bring habeas corpus petitions,
* Remove the "subject to the jurisdiction thereof" (which applies only to a handful of children of diplomats anyway) and "Indians not taxed" provision (which was legislatively mooted in 1924) from the grant of birthright citizenship in the 14th Amendment,
* Prohibit criminal defamation laws,
* Prohibit laws barring travel from one state to another in order for the person doing so to avail themselves of another state's law,
* Prohibit laws barring interstate communications about a matter that is legal to communicate about in either state,
* Prohibit revocation of immigration status based upon speech which would be protected by the First Amendment for a U.S. citizen,
* Prohibit involuntary denaturalization under any circumstances (even in the naturalization was secured by fraud which could be prosecuted but could not result in loss of U.S. citizenship), and
* Expressly include the limitation on the suspension of habeas corpus to places where the federal courts are not open established by Ex Parte Milligan and to clarify that the writ of habeas corpus is available to person detained outside the territory of the United States by the federal government or its agents or contractors.

Election Law Amendment

* Make Section 3 of the 14th Amendment (the insurrection clause) self-executing in any local, state, or federal tribunal with jurisdiction over qualifications to hold public offices or elections for those offices,
* Create eligible voter standing to enforce election laws including campaign finance laws, and constitutional provisions related to elections in jurisdictions where the voter has a right to vote,
* Remove the authority of Congress to resolve disputes over the election or qualifications of their members or the validity of duly certified state elections for federal offices, vesting that authority, instead, in the courts,
* Invalidate all statutory confidentiality rights other than attorney-client privilege and religious confession privilege for anyone running for, or holding, a federal elective office,
* Remove the authority of state legislatures to appoint electors for the President by any means other than a vote of the people,
* Require federal elections be administered at the state and local level by officials who are not partisan elected officials or appointees of partisan elected officials,
* Authorize non-criminal remedies for false statements of presently existing facts, or false statements related to voting, made with actual malice, in connection with political speech, and
* Constitutionally overrule Citizens United which constitutionally prohibits any rigorous campaign finance regulation.

Pardon Power Amendment

* Expressly prohibit the President from pardoning himself, or members of his family, or a President who appointed the current President to the office that put him in the line of succession to be President,
* Prohibit pardons from contempt of court sanctions whether civil or criminal, 
* Invalidate pardons for criminal conduct taken in reliance on a promise from the President that it would be pardoned, or issued in exchange for any consideration,
* Require notice of all pardons and commutation (other than a stay of execution) to be transmitted to Congress to be effective, and to subject them to a legislative veto in the same way as a veto override that must be acted upon with a certain period of time (perhaps 35 days) after it is transmitted to Congress.

Congressional Supremacy Amendment

* Clarify that Congress has plenary authority over the operations and organization of the Executive branch, and over how the President exercises his discretion in any matter whatsoever of which the constitution or statutes grants him authority, which the President has no authority to contradict,
* Require all Executive Orders purporting to impact anyone outside of the Executive branch of the federal government to be transmitted to Congress and paused until ratified by both houses of Congress, or until three weeks have elapsed, before taking effect, and to allow either house of Congress alone, by majority vote, to repeal any Executive Order,
* Legalize legislative veto legislation (retroactively),
* Confirm the authority of Congress to pass anti-impoundment legislation,
* Confirm the validity of civil service protections for public servants,
* Confirm the validity of government contracting rules established by Congress,
* Constitutionally disavow the "unitary executive" theory by expressly allowing Congress to create independent agencies whose directors, boards, and staff cannot be dismissed or directed by the President,
* Validate the constitutionality of laws such as the Administrative Procedures Act which governs how executive branch discretion may be exercised,
* Provide that Congress has the authority to waive any claim of executive privilege made by the President, and
* Constitutionally ratify the authority of Congress to pass legislation like the War Powers Act.

01 July 2024

A Horror Show One Step Removed

It feels like the early scenes of a horror movie.

Dobbs has led to a dramatic rollback of abortion rights in half the country, but not where I live, not where my children or siblings or nieces and nephews live.

Louisiana and Oklahoma are blatantly defying constitutional law on separation of church and state, and might get away with it with the current U.S. Supreme Court.

Trump has been in a narrow lead in the Presidential race for months despite being the most dishonest, idiotic, and chaotic evil Presidential candidate ever, and a convicted felon with three more criminal trial around the corner, although not necessarily before election day. MAGA could just as well be the followers of Voldemort, and yet, 40% of the country doesn't notice, doesn't care, and embraces the evil. President Biden is doing good that is going unnoticed in the face of a gridlocked Congress, and campaigns very poorly as we were reminded after the first Presidential debate of this season.

The U.S. Supreme Court has been consistently pro-corruption in its rulings, and undermined January 6 accountability, and nullified the 14th Amendment insurrection clause contrary to the constitution's clear language. It is, of course, deeply corrupt itself, particular Justices Thomas and Alito.

The high court has also made our national suicide pact of the Second Amendment worse and is trying to gut federal government regulatory power.

Yet, here in Colorado, most of it is one step removed. Our state government is solidly moving in the right direction and isn't wallowing in gridlock. Our ever shrinking GOP is whiny and irrelevant in state politics. Our state supreme court took the lead in interpreting the insurrection clause correctly, and our courts in general, while not perfect are less political and more competent than most. We have meaningful protections against corruption and our scandals arise because they are being enforced. Our electrical grid is getting greener and we are using more and more electric vehicles. We are using our water more wisely. We are reintroducing wolves. We are trying to prevent gun violence. We are expanding access to education. We are making it harder to ban books. We are taking action to make housing more affordable and house the homeless. We have raised the minimum wage. We have strengthened tenants rights. We have created a right to paid sick leave. We have expanded our federal parks. We are treating migrants blown to us decently. We are making it easier to vote. We are curbing some of the worst excesses of the criminal justice system, for example, by abolishing the death penalty, by toning down felony murder, by curtailing solitary confinement, and by eliminating qualified immunity for law enforcement officers at the state level. We have led the nation in legalizing marijuana and are following that by legalizing some psychedelics. We are so gay friendly that we have a married gay Governor, have had a lesbian speaker of the state house before that, and have same sex common law marriage. We have cast away place names that are derogatory or exalt KKK members. We have done it with less bureaucracy and lower taxes than California. Our economy is mostly thriving.

Another four years of Trump looks, surreally, like a real possibility, with all the ruin that is likely to bring to our nation if it doesn't end democracy entirely, and tip the balance in favor of autocrats on the global stage.

We haven't reached the point where all hope is lost, but we could end up there in a matter of months.

26 June 2024

The Trouble With The Ten Commandments

The State of Louisiana has mandated the posting of the Ten Commandments in its schools, which is deeply problematic as a constitutional matter and in substance. It is Dominionism which is something that the U.S. Bill of Rights specifically sought to prohibit.

Court cases have allowed the posting of "In God We Trust", and "under God" in the Pledge of Allegiance, under the rubric that it is "ceremonial deism". 

The Trouble With The Ten Commandments

The Ten Commandments are more problematic (indeed, even the numbering of the Ten Commandments is a matter of sectarian division that any posting of them with numbers takes sides in as an establishment of religion).

This is why the U.S. Supreme Court held 44 years ago that a Kentucky law almost identical to the law just passed by Louisiana was unconstitutional in Stone v. Graham, 449 U.S. 39 (1980) despite the fact that it differed from the Louisiana law by mandating the the posting be funded without public money. The holding there is summarized at the link as follows:
In a 5-to-4 per curiam decision, the Court ruled that the Kentucky law violated the first part of the test established in Lemon v. Kurtzman, and thus violated the Establishment Clause of the Constitution. The Court found that the requirement that the Ten Commandments be posted "had no secular legislative purpose" and was "plainly religious in nature." The Court noted that the Commandments did not confine themselves to arguably secular matters (such as murder, stealing, etc.), but rather concerned matters such as the worship of God and the observance of the Sabbath Day.
What are the Ten Commandments? 

According to Exodus 20:2-17 (not the only place that they appear in the Hebrew Bible):
1. I am the Lord your God, who brought you out of Egypt, out of the land of slavery. You shall have no other gods before me.
The 1st Commandment is the establishment of a particular religion in its purest form and un-American.
2. You shall not make for yourself an image in the form of anything in heaven above or on the earth beneath or in the waters below. You shall not bow down to them or worship them; for I, the Lord your God, am a jealous God, punishing the children for the sin of the parents to the third and fourth generation of those who hate me, but showing love to a thousand generations of those who love me and keep my commandments.
The first sentence 2nd Commandment, with its ban on making images of real things, while it survives in Islam to some extent, isn't actually honored in its literal form by ether Jews or Christians. The remainder, again, is the pure establishment of religious and un-American. Promising divine punishment for the great-great grandchildren of pagans (including most South Asians and some leading GOP politicians in Louisiana) isn't a great thing for Louisiana to enshrine in its schools.
3. You shall not misuse the name of the Lord your God, for the Lord will not hold anyone guiltless who misuses his name.
The 3rd Commandment is confusing to kids and adults. Is it a ban on false oaths, on false prophets, on saying YHWH outside of religious ceremonies, or on swearing? Do we want to put school teachers in the position of having to explain this fine point of theology to their students?
4. Remember the Sabbath day by keeping it holy. Six days you shall labor and do all your work, but the seventh day is a sabbath to the Lord your God. On it you shall not do any work, neither you, nor your son or daughter, nor your male or female servant, nor your animals, nor any foreigner residing in your towns. For in six days the Lord made the heavens and the earth, the sea, and all that is in them, but he rested on the seventh day. Therefore, the Lord blessed the Sabbath day and made it holy.
The 4th Commandment divides Jews, Christians (and denominations within them), and Muslims, each of whom have different holy days, again in an un-American establishment of religion.
5. Honor your father and your mother, so that you may live long in the land the Lord your God is giving you.
The 5th Commandment isn't just about being nice to your parents. It also adopts Zionism, another un-American establishment of religion, which the children of Louisiana have no reason to be told is a divine mandate.
6. You shall not murder.
The 6th Commandment is often translated "thou shall not kill" which is a poor fit to Louisiana with its death penalty. Otherwise, the 6th and 8th Commandments just go to show that even a broken clock is right twice a day. And, of course, the Ten Commandments were literally broken in the Bible.
7. You shall not commit adultery.
The 7th Amendment isn't the law in Louisiana. Adultery is no longer a crime in 33 U.S. states, the District of Columbia, and the several U.S. territories. States which have decriminalized adultery in recent years include West Virginia (2010), Colorado (2013), New Hampshire (2014), Massachusetts (2018), and Utah (2019). Adultery is rarely enforced criminally in the 17 states that still do have adultery laws on the books. In 13 of the states where adultery is still a crime (Arizona, Alabama, Florida, Georgia, Illinois, Kansas, Maryland, Minnesota, Mississippi, New York, North Dakota, South Carolina, and Virginia), it is a petty offense (the maximum punishment in Maryland is a $10 fine), or is a misdemeanor. It continues to be a felony in four states (Idaho, Oklahoma, Michigan, and Wisconsin) and is punishable most severely among those states in Michigan who someone convicted of adultery faces up to four years in prison. It is a crime that is actively enforced for active duty members of the U.S. military under the U.S. Code of Military Justice. It is, of course, also an act which the presumptive GOP nominee, and more than one other form President have admitted to, and which is one that few school children have any reason to care about.
8. You shall not steal.

See the 6th Commandment. 

9. You shall not give false testimony against your neighbor.
Does the 9th Commandment imply that it is O.K. to give false testimony against someone who is not your neighbor? If so, that is a problem and encourage clannish disregard for the law.
10. You shall not covet your neighbor’s house. You shall not covet your neighbor’s wife, or his male or female servant, his ox or donkey, or anything that belongs to your neighbor.
The 10th Commandment translated above as "male or female servant" would have been more accurately translated "male or female slave" which is outright un-American. We fought a war over that. It also implicitly categories wives as property.

More generally

A more subtle point about the Ten Commandments is that Jesus in the Gospels said that the Old Testament Hebrew laws don't apply to Christians who aren't Jews. By presenting the Ten Commandment as authoritative, the State of Louisiana is defying the Christian Gospels to which most residents of the State of Louisiana nominally adhere.

And, let's also say that the Hebrews of the Hebrew Bible, as portrayed in their own sacred account of themselves (probably compiles while in Babylonian exile or under Roman rule as an official statement of what their religion said for use by the non-Jewish governments that ruled them), are by 21st century moral and ethical standards, horrible, awful people.

Jewish law isn't just the Ten Commandments. It is also a deeply morally flawed list of other laws, call for absurdities like the death penalty for wearing wool-cotton blend fabrics or being left handed. And, the Jewish people repeatedly engage in genocide that they themselves account (see, e.g., the Book of Numbers).

There is very, very little about the Hebrew people as described in the Hebrew Bible (a.k.a. the Old Testament) or their laws from that source that is good or honorable or provides a good moral model.

Fortunately, modern rabbinic Judaism has somehow managed to salvage decent messages from this horrible source material with doctrine and wordplay in the Talmud and other commentaries. Judaism at lived in the 21st century is quite decent and indeed better than most Christian denominations. But the Jews of the Hebrew Bible were closer to the worst strained of fundamentalist Muslims today than they are to modern rabbinic Jews.

30 September 2023

Reconstruction Revisited

One of the sources of many modern political woes in the United States is that Reconstruction after the U.S. Civil War ended before the South was reconstructed.

This could have, and probably should have, been handled differently. Some things that we should have done instead:

* Execute all of the Confederate regime's elected officials, senior political appointees ("officers" of the regime's government), judges, military officers and spies for treason.

* Execute all pro-slavery clergy.

* Permanently remove the right to vote of every Confederate government official, every every Confederate solider who was a volunteer, and everyone who had ever owned a slave as an adult. Make it a crime for any of these persons to bear arms.

* Seize all real property and all other significant property (including all firearms and military equipment) of the families of everyone executed due to these Reconstruction mandates, everyone whose right to vote was lost, everyone who served voluntarily in the Confederate military and died, and every slave owner. Use this seized property for reparations to the freed slaves and exiled Native American tribes. Reparations for former slaves would be in a concept something alone the lines of "40 acres and a mule" affording freed slaves the resources necessary to survive as subsistence freeholder farmers.

* Seize all property of pro-slavery churches and pro-slavery or pro-confederacy political or civic organization. Use this seized property as part of the funding for integrated, universal, free public educational institutions and libraries.

* Convert all states that seceded to unorganized federal territories eligible for readmission to the United States as states only when they we sufficiently reconstructed. These would be under military rule for a decade or two in any given place before territorial self-rule subject to Congressional direction and a federally appointed territorial governor would be permitted.

In this kind of scenario, the South might have actually reconstructed itself.

29 November 2022

What Factions Are There In The New Right Coalition?

Executive summary

The author thinks (and I'm not entirely convinced he's right but it is an illuminating oversimplification) that the GOP coalition of religious conservatives, foreign policy hawks and fiscal conservative/libertarians is dead. 

The "New Right" has four factions: 

"Flight 93ers" who believe the end of smashing liberals who don't think that the U.S. has always been awesome and are incensed at efforts to treat women and minorities better, justifies the means;

"Integralists" who are Christian dominionists with a Catholic flavor;

"National Conservatives" with a nationalist anti-immigration, anti-market, and anti-woke agenda who want to break up tech companies, defund the left, impose trade barriers, build a border wall, increase the size of the child tax credit and put God back in schools. They want an English only, white Christian country where everyone else is a second class citizen rather than a cosmopolitan, tolerant, multi-cultural society; and

"Red-Pilled Anarcho Bros" are Social Darwinists who think progressive elites use the language of equality and justice to give special privileges to women and minorities to keep themselves in business while robbing men, especially white men, of even the vocabulary to protest their loss of freedom or the unfairness they are forced to endure, and that . democracy and freedom are inherently at odds because democracy is based on notions of equality—while freedom would lead to the emergence of natural hierarchies based on physical and mental strength and a world where government exists to serve corporate power.

In more depth:

The conservative movement as we knew it pre-Trump arose in the heyday of the Cold War when the threat of Soviet communism loomed large in the American political consciousness. The movement was famously described by Ronald Reagan as a three-legged stool with each leg representing a different faction, to wit: religious/social conservatives, foreign policy hawks and fiscal conservatives/libertarians. . . .

What kept the stool together, however, was the fear of an external leftist enemy that each side feared for its own unique reasons. This is not to deny that there was also some genuine common ground between them. Indeed, to the extent that they all took America’s founding project seriously, none of these factions were fundamentally illiberal—or whatever streak of illiberalism they might have had was kept in check by the competing commitment to this project.

Trump’s arrival changed all that. The new right, which started taking shape even before Trump, is in a different mood altogether. Its unifying force is not the leftist enemy abroad, but the leftist enemy within. And it doesn’t just fear this enemy, it hates it. Indeed, the new right’s dislike of the domestic left is so great that it is rethinking America’s historic foreign policy commitments in light of it. If you have been puzzled by the post-Trump right’s love fest with Russian dictator Vladimir Putin despite his invasion of the liberal democratic and pro-West Ukraine, it is because Putin has declared himself the enemy of the woke left that he claims is destroying Western civilization of which he is now the self-avowed champion.

In contrast to the previous one, this has four identifiable factions. It is, if you like, more a table than a stool. But not, for all that, more stable because the four legs are uneven. In fact, were it not for the various factions’ joint hatred of their common leftist enemy, there would be less to keep the coalition standing than with the previous conservative movement.

I would label the four factions as follows: Flight 93ers, the Integralists, National Conservatives and Red-Pilled Anarcho Bros. . . .

Flight 93ers

This faction is named after the infamous Flight 93 essay that Michael Anton wrote in the Claremont Review of Books under the pseudonym of Publius shortly after Trump landed the 2016 Republican presidential nomination. Claremont Review is the premier publication of the Claremont Institute, the flagship of the West Coast Straussian school of political philosophy. In contrast to East Coast Straussians, many of whom broke away from Trump, the Claremonsters, as they had long been called, went the other way. They weren’t without qualms about Trump but still submitted to him enthusiastically. Anton’s Flight 93 essay played an important role in convincing the Claremont Institute and the broader conservative establishment, at a time that it was still in shock over Trump’s primary win, that it needs to abandon its squeamishness and rally around him. Four years later when Trump launched his Big Lie, the Claremonsters supplied him with not just bogus arguments to justify his claims but also the notorious John Eastman, the legal brains behind the scheme to get Vice President Mike Pence to reject Biden state electors so that they could be subsequently switched with Trump state electors.

To understand how odd these machinations were, consider that Claremont Straussians have long regarded the American Constitution as a sacred document. . . . Just like their leader and founder, the late Harry Jaffa, they consider America’s Founding Fathers as gods among men. They also worship Abraham Lincoln whose statesmanship abolished slavery—and fully delivered on the Constitution’s promise of liberty for all—while keeping the Union intact.

So how did Lincoln lovers end up embracing Trump?

It is unclear, actually, if Jaffa, a speechwriter for Barry Goldwater, would have ever gone along with his institution’s pro-Trump turn; his son insists that he would not have. But his Claremont heirs’ annoyance with what they see as the anti-Americanism of the progressive left has grown into a burning rage over the years. They consider the left’s depiction of America as a racist, sexist, and homophobic country—despite the heroic efforts that have been made to abolish slavery and Jim Crow—as intolerable blasphemy. They have always seen the left’s demands for special privileges for minorities and women as a perversion of the constitution’s promise of equal rights. Then, on top of this, when the leftist elites who control the media, academia, the government bureaucracy, Hollywood and other commanding heights of the culture use their power not just to press their anti-American agenda but, in their woke arrogance, silence objectors like them through a regime of censorship, political correctness and cancellation, they are incensed. Denying the left control of the state, arguably the last remaining bastion of power, became a paramount concern for them.

Whatever Trump’s character and other flaws, they paled in comparison to his big virtue, namely, his unapologetic and no-holds-barred willingness to take on the left and obliterate it. . . . 

What distinguishes Claremonsters from the other factions of the new right is that they alone see themselves not as anti-liberals but adherents of the true liberalism. The illiberal subversion of elections to install a strongman like Trump, in their book, is a temporary measure to crush the left and return America to a true, originalist commitment to individual liberty and limited government.

Integralists

Defending any kind of liberalism is emphatically not the integralist project, however. Whereas Claremonsters see progressive leftism—its attacks on institutions of ordered liberty such as the family, churches and schools—as a perversion of liberalism, integralists see it as a natural outgrowth of the political individualism enshrined in the Constitution. . . . If Patrick Deneen, a professor at University of Notre Dame and a leading integralist, is to be believed, the source of America’s current travails, its communal and moral breakdown, lies in the Declaration of Independence itself. . . . Nothing irritates them more than Justice Anthony Kennedy’s famous quote in Planned Parenthood v. Casey (1992): “At the heart of liberty, is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” As far as they are concerned, one can draw a direct through line between this kind of thinking and the rise of sexual promiscuity, pornography, abortion and radical demands for gender self-authorship of the woke movement. And like the other three factions, integralists hate the progressive elite that advances and defends transgender surgeries and multiple pronouns.

Integralists are all Catholic and integralism is a very old doctrine that authorizes the state to promote the earthly common good as ordained by God. . . . the integralists do aspire to a return to some kind of a pan-Christian confessional state that uses its muscle to ban abortion, gay marriage and other progressive aims and that allows preferential expression of Christianity in the public square. Other religions wouldn’t be prohibited but they would not enjoy state support. Their role model in this is Hungary’s Viktor Orban who is taking affirmative steps to restore Christian domination in his country by barring Muslim immigration and embracing natalist policies to encourage Christians to have more babies and boost their demographic footprint.

If integralists could turn back the clock to some halcyon period in America, it would be 17th and 18th Century Puritan New England where a thick and unified community used a muscular government to impose widely shared religious norms or understanding of the common good. Deneen, along with his fellow integralists Gladen Pappin and Adrian Vermeule, has started a Substack publication called The Postliberal Order to develop their integralist critique of modernity and liberalism. . . . 

(To understand the nuttiness of these Catholic intellectuals using bad boy Trump, the very embodiment of the ruggedly atomistic spirit of Appalachian “backcountry” Scottish-Irish settlers, to return America to a communal New England Puritan Protestant order, read this fascinating account by Tanner Greer, “The Problem of the New Right.”)

National Conservatives

NatCons . . . morphed into something of a MAGA organ, workshopping an anti-immigration, anti-market, and anti-woke agenda. . . . American NatCons want to break up tech companies, defund the left, impose trade barriers, build a border wall, increase the size of the child tax credit and put God back in schools. . . .

Their dream is to elect a contingent of Republicans who are committed to using state power to, as Hillsdale College's David Azerrad, declared, “defund and humiliate the institutional centers of power of the left...and reward friends and punish enemies." . . . .

If one is going to pick one figure and one moment that launched this movement it would be Israeli political theorist Yoram Hazony with his 2018 book The Virtue of Nationalism. . . .

His rap against liberalism is that it is a fundamentally imperialistic ideology because it claims to be founded on universally applicable political doctrines. That, he says, leads to a crusading moral universalism that denies the validity of alternative principles of national self-determination based on local, cultural commitments. Liberalism judges every polity by whether it respects individual rights and allows religious pluralism. That bars the state from using its power to protect indigenous ways and customs. Instead of nurturing citizens of a nation with strong local blood, soil and cultural attachments, liberalism encourages individuals to see themselves as citizens of the world. Cosmopolitanism is a dirty word for him—as it had become for many on the MAGA right. Ironically, Hazony’s critique of liberalism is a warmed over version of the anti-globalization left’s slams against capitalism which, it alleged, obliterated local ways and homogenized every country in the image of the West.

Hazony does not reject liberalism out of hand. He thinks it might be suitable when local conditions warrant—for example in a naturally diverse and multicultural community. But in Hazony’s post-liberal world, liberalism is merely one legitimate possibility among many. When a dominant majority exists, it should be allowed free rein to determine its destiny. It can choose a religious, linguistic, ethnic or cultural principle around which to order itself depending on the self-understanding of the majority. 
So if India’s dominant Hindu population chooses to jettison its liberal commitments and become an explicitly Hindu nation, that is fine. Also kosher is America declaring itself a Christian country with English as its only official language—as is Israel remaining a Jewish nation without pressure to accord equal rights to non-Jews. Hazony says that in such regimes, minorities wouldn’t be persecuted. They would be tolerated—but not awarded equal rights. In other words, they’d have to accept their second-class status. . . . he dismisses as “elitist” liberals who insist that the rights of minorities and immigrants be respected in a polity. His streak of populism is pretty evident.

Red-Pilled Anarcho Bros

If Hazony is the godfather of the NatCon movement, then a long-haired dude called Curtis Guy Yarvin— who wrote under the pseudonym Mencius Moldbug—is the godfather of this movement. . . . he started writing a blog called Unqualified Reservations under his pseudonym in 2007 . . . Many of the terms and concepts that gained popularity in the alt-right and then entered the political bloodstream along with Trump were coined by him.

Yarvin believes that a complex of progressive elite institutions—the press, academia and the federal bureaucracy or the Deep State—run the country and exercise control more totalitarian than authoritarian China—a country that he admires precisely because it is so openly authoritarian in contrast to liberal states that mask their true intentions behind mind-numbing pieties. He calls this complex of institutions “The Cathedral” and he believes that their ideology permeates everyone and everything. . . .  progressive elites use the language of equality and justice to give special privileges to women and minorities to keep themselves in business while robbing men, especially white men, of even the vocabulary to protest their loss of freedom or the unfairness they are forced to endure. It’s all an elaborate ruse to keep the truly good subservient to a false progressive ideology. . . . democracy and freedom are inherently at odds because democracy is based on notions of equality—while freedom would lead to the emergence of natural hierarchies based on physical and mental strength. . . . 
Mencius Moldbug, who has made an hour-long appearance on Tucker Carlson, has had a deep influence on Peter Thiel and was even rumored to have a line to Steve Bannon, wants to tear down the whole liberal edifice and replace it with a techno-state in which corporations run the country like their private holding. . . . So if, under fascism, the state directs private industry toward its ends, in the Moldbug world private industry directs the state towards its goals.

Moldbug was deeply influenced by Hans-Herman Hoppe, who subscribes to a perverted version of the libertarian Austrian School of Economics. This would be comical if it were not so dangerous given that key figures of this school like Nobel laureate F.A. Hayek (who has been a deep intellectual influence on me) are among the most eloquent defenders of liberalism—and ardent opponents of authoritarianism . . . 
Damon Linker at Eyes on the Right has written extensively about some of them, but the most prominent perhaps is Yale PhD Bronze Age Pervert (BAP) who has developed a huge following among young, white men of the reactionary bent. Just like Moldbug, BAP’s animus is directed at those whom he calls “bugmen”—reminiscent of Nietzsche’s last men—because they are filled with ressentiment against those who are more beautiful, powerful and stronger than them and therefore want to tear them down. In a calculated bid to provoke fear against the left, BAP has gone so far as to compare the anti-male and anti-white rhetoric of the new left to the “extermination”-level anti-Tutsi propaganda that the shorter, phenotypically African Hutus in Rwanda deployed before massacring the more European-featured, taller Tutsis (never mind that the extermination of the Tutsis was possible only because they were a reviled minority in an illiberal state that did not offer them protections from the depredations of the Hutu majority, precisely the kind of polity that BAP disses.)

If integralists have a problem with liberal secularism, the anarcho bros are upset with liberalism’s democratic egalitarianism. They don’t have a beef with religious pluralism like the intergralists—or even gays (Thiel, their fan and benefactor, is gay, after all!). They have an obsession with biology and natural differences and are far more concerned with feminist—and to a lesser extent, racial—demands for equality. They are at core Neitzcheans who believe that a good society is one that is ruled by the principle of meritocracy in all its forms—not equality, a creed for losers.

From UnPopulist.