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Today

Grandfather clauses

On June 21, 1915, the U.S. Supreme Court struck down an Oklahoma law denying the right to vote to some citizens. In Guinn v. United States, the Supreme Court found “grandfather clauses” in effect in several formerly slave states to be little more than sneaky ways of allowing illiterate white folks to vote while disallowing illiterate black folks.

Categories
First Amendment rights ideological culture individual achievement

Can’t Cancel J. K. Rowling

The UK Telegraph says that “Scores of actresses turn down roles in play critical of J. K. Rowling’s gender views.”

Since we’re a family-oriented publication, I can’t divulge the name of the play, which “has already caused outrage over its explicit working title.” The title calls Rowling a word that rhymes with “bunt.”

Rowling “has become a figure of hate online among some activists, and received death threats after publicly sharing concerns about the encroachment of transgender campaigning on women’s rights.”

The play’s purpose is apparently to smear Ms. Rowling, whose beloved Harry Potter novels have so far sold zillions. One hopes that an aversion to cooperating with the smear is the main reason why scores of actresses, many of whom probably have trouble getting steady work in a very competitive industry, won’t go anywhere near the play.

Unfortunately, by June 13, the date of the Telegraph story, actors had been found for the male leads.

One of the producers, Barry Church-Woods, admits that the play has “met some kind of resistance every step of the way.” He’s been “surprised by how difficult it has been for us to recruit the female cast in particular,” even though this is a “well-paid gig . . . and the script is terrific.”

What if the producers do find enough conscienceless thespians to play all the parts, the play gets produced, and it enjoys a duly brief run and sparse attendance?

J. K. Rowling will still survive. Somehow.

This is Common Sense. I’m Paul Jacob.


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Thought

Charles Sumner

Slavery is in itself an arrogant denial of human rights, and by no human reason can the power to establish such a wrong be placed among the attributes of any just sovereignty.

Senator Charles Sumner, in his “The Crime Against Kansas” speech (May 19-20, 1856).
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Today

Not a Nation

On the 20th of June in 1787, at the Constitutional Convention in Philadelphia, Oliver Ellsworth moved to confine legislative powers to two distinct congressional bodies, and to strike the word “national” from the document. Edmund Randolph of Virginia had previously moved successfully to call the government the National Government of United States. Ellsworth moved that the government should continue to be called, simply, the United States of America.

The final wording eventually became “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

The words “nation” and “national” do not occur anywhere in the Constitution as ratified by the original set of states, or as amended.


John F. Kennedy authored the Encyclopædia Britannica’s article on Ellsworth. This was Kennedy’s only contribution to the encyclopedia.


The image, above, is of a portrait of Oliver Ellsworth by Ralph Earl (1785); it is housed, perhaps with a tinge of irony, in the National Portrait Gallery.

Categories
initiative, referendum, and recall judiciary term limits

A Second Life for Limits

Will the Supreme Court let states impose limits on the representatives and senators they send to Washington, D.C.?

Thanks to events in North Dakota, there’s a good chance this question is about to asked again

And get a different answer.

The first time was thirty years ago. The case: U.S. Term Limits v. Thornton.

In May 1995, the U.S. Supreme Court held, in a 5-4 decision, that states cannot impose restrictions like term limits on their congressional delegations.

But: “Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress,” observed Justice Clarence Thomas in his dissent. “And where the Constitution is silent, it raises no bar to action by the States or the people.”

Now 61 percent of North Dakota voters have passed a ballot measure to impose an age limit on their congressmen. The 1995 Supreme Court would have ruled it unconstitutional. The only justice serving on the high court then who is still there is Thomas.

Everybody thinks that North Dakota’s outlawing of ancient candidates will be challenged in court. In a June 17 podcast for U.S. Term Limits, its president, Philip Blumel, says that USTL would welcome such a challenge.

“Surely, U.S. Term Limits versus Thornton would be the basis” for the challenge and would thus “provide an opportunity for the U.S. Supreme Court to revisit the issue.”

Moreover, a case brought in federal court won’t necessarily take years to decide, because “sometimes the [Supreme Court] expedites election-related cases.”

Fingers crossed, everybody.

This is Common Sense. I’m Paul Jacob.


NOTE: Paul Jacob is a former president of U.S. Term Limits and continues to serve on its board of directors. Paul is currently the president of Liberty Initiative Fund, which made significant contributions to North Dakota’s age limits initiative.

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John Quincy Adams

The first steps of the slaveholder to justify by argument the peculiar institutions is to deny the self-evident truths of the Declaration of Independence. He denies that all men are created equal. He denies that he has inalienable rights.

John Quincy Adams, “Letter to the 12th Congressional District” (June 29, 1839).
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Today

Juneteenth

“Juneteenth” (a portmanteau of June and nineteenth) also known as Freedom Day, Jubilee Day, Liberation Day and Emancipation Day, is a holiday celebrating the emancipation of those held as chattel slaves in the United States. Originating in Galveston, Texas, it has been celebrated annually on June 19 throughout the United States, and on June 17, 2021, it was made into an official national holiday when President Joe Biden signed the Juneteenth National Independence Day Act into law. It is commemorated on the anniversary date of the June 19, 1865, announcement of General Order No. 3 by Union Army general Gordon Granger, proclaiming freedom from slavery in Texas.


In June, 1941, Czech economist and politician Václav Klaus was born on the 19th (he died in 2011); other June 19 births include Salman Rushdie in 1947, Kathleen Turner in 1954, and Laura Ingraham in 1964.

Categories
free trade & free markets general freedom regulation

Leave Us Alone to Do Our Work

Drearily, an appeals court has dismissed Uber’s challenge to California’s anti-gig-work law.

According to the 9th Circuit, the ride-sharing company couldn’t show that the California anti-freelancer law AB5, which took effect in 2020, unfairly targeted Uber while allowing other types of contract work to continue unhindered.

In fact, the many exceptions to AB5 — determined by abundance or lack of political pull of various groups — mean that Uber is hardly alone in suffering from uneven application of the law.

But suppose AB5 had in fact been evenly imposed on everybody. Suppose every single gig worker in California, without exception, had been forced to become a regular employee of all of his clients — with all the additional costs for employers that this entails — or else lose all work altogether.

This would be worse, not better. 

Inconsistent tyranny is bad for the victims. Absolutely consistent and uniform tyranny is bad for the victims — which would be greater in number.

Maybe the 9th’s misjudgment won’t stand. If the case makes its way to the U.S. Supreme Court, maybe the high court will unambiguously affirm our right to contract with each other in order to make a living and get stuff done.

Meanwhile, the fate of Uber also hinges on another court case, one determining the fate of Proposition 22, a 2020 California initiative affirming Uber’s right to contract with drivers.* A labor union says Prop 22 is unconstitutional. The state supreme court is deciding whether this is so. 

It is not so.

This is Common Sense. I’m Paul Jacob.


* Citizens in Charge, a pro-initiative and referendum group, for whom I serve as president, filed an amicus or friend of the court brief with the California Supreme Court in this case.

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John Adams

Every measure of prudence, therefore, ought to be assumed for the eventual total extirpation of slavery.

John Adams, as quoted in letter to Robert J. Evans (June 8, 1819).
Categories
Today

Auberon Herbert

On June 18, 1838, Auberon Edward William Molyneux Herbert was born.

Auberon Herbert was a Liberal Member of Parliament who, after reading the writings of Herbert Spencer, became a radical individualist, authoring essays such as “The Ethics of Dynamite,” “A Politician in Trouble About His Soul,” and “The Right and Wrong of Compulsion by the State.” He termed his version of the political philosophy of liberty “voluntaryism.”