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Today

March First Firsts

March 1st Firsts (and a 17th and a 37th):

| The first United States census was authorized, in 1790.

| Ohio was admitted as the 17th U.S. state, in 1803.

| President John Tyler [pictured above] signed a bill authorizing the United States to annex the Republic of Texas, in 1845.

| The state of Michigan formally abolished capital punishment, 1847.

| Nebraska became the 37th of the United States, in 1867.

On March 1, 1781, the Continental Congress of the United States adopted the Articles of Confederation. With this, the governing body became known, officially, as United States of America in Congress Assembled, more commonly as the Congress of the Confederation. The first session of this newly styled Confederation Congress took over without a break from the Second Continental Congress, adjourning on November 3. Samuel Huntington and Thomas McKean served as presidents during this first session.

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Accountability election law Tenth Amendment federalism

States Still Have a Role

When asked what kind of government had been proposed at the Constitutional Convention in Philadelphia, Benjamin Franklin famously responded: “A republic, if you can keep it.”

But Old Ben did not clarify the nature of the republic. 

It was to be a federal republic. 

In the new Constitution — which was adopted by the states over the next few years — the States were sovereign, the general government given a concise and limited list of tasks to perform.

Since then, nationalism has won most of the big battles, but federalism remains vital as a principle, re-asserting itself in interesting ways.

Most recent? “Texas Attorney General Ken Paxton receives huge win with court ruling delivered on Tuesday deeming the $1.7 trillion omnibus spending package passed in 2022 unconstitutional,” as Leading Report explained on Tuesday. “This victory marks a pivotal moment in Paxton’s challenge against the legislation, highlighting concerns over the bill’s approval process.”

At issue is Consolidated Appropriations Act of 2023, which President Biden signed in December 2022, with the U.S. District Court for the Northern District of Texas, Lubbock Division, concluding that “by including members [of U.S. Congress] who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.”

As Paxton gleefully summarized, “Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-19 to pass this law, then Biden signed it, knowing they violated the Constitution.”

The story, as Leading Report argues, “showcases the role of state attorneys general in upholding constitutional principles and ensuring adherence to legal frameworks within the realm of federal governance.”

The States have some say. Still.

This is Common Sense. I’m Paul Jacob.


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Today

The Leap

On Leap Year Day 1796, the Jay Treaty between the United States and Great Britain came into force, facilitating ten years of peaceful trade between the two nations.
On January 29, 1968, Ukrainian-American lawyer and “Volokh Conspiracy” blogger, Eugene Volokh, was born. Other “leaplings” include Ann Lee (1736), founder of the Shakers; Gioachino Rossini (1792), Italian composer, best known for his many successful operas, including Il barbiere di Siviglia and Guillaume Tell; and American fantasy novelists Patricia A. McKillip (1948) and Tim Powers (1952).
Pictured: American ‘founding father’ John Jay.

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Thought

John Mulaney

Leap year began in the year 45 B.C. under Julius Ceasar. This is true. He started the leap year in order to correct the calendar and we still do it to this day. Another thing that happened under Julius Ceasar was, uh, he was such a powerful maniac that all the senators grabbed knives and they stabbed him to death. That would be an interesting thing if we brought that back.

John Mulaney, Saturday Night Live monologue for February 29, 2020.
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ballot access election law partisanship political challengers

Parties Demoted

Though “[s]everal left-leaning groups have sued to block the former president from the state’s ballot on 14th Amendment grounds,” Tom Ozimek of The Epoch Times reported in November, “Trump Listed on Michigan Primary Ballot,” as the headline states.

The primary was yesterday. Trump won. As expected.

But he appeared on the primary ballot only with legal wrangling. Michigan Secretary of State Jocelyn Benson, a Democrat, was under a lot of pressure to keep Trump off the ballot. Which she resisted, explicitly stating that she thought the maneuver to allow state officials to prohibit Trump from appearing on ballots because of the 14th Amendment’s “insurrection” clause was a bad idea.

Michigan’s voting system is now quite complicated. First, it’s an open primary state, so there will always be strategic voting, where partisans will cross lines to sabotage opponent parties. Though in the case of Trump, there is some irony here, since Trump benefitted in 2016 from such voting by Democrats, thinking he was the candidate easiest to beat in the general election.

Michigan sports a hybrid system for selecting partisan candidates to appear on the general election ballot. “More of Michigan’s 55 delegates to the Republican National Convention (RNC) will be awarded,” explains Nathan Worcester, also of The Epoch Times, “through the caucus process than through the primary vote — 39 as opposed to just 16.” But there are dueling conventions for caucusing, and it’s quite a mess.*

Michigan also now offers early voting at special voting sites. Is it a sign of a healthy democracy that there are so many ways to vote?

It sure doesn’t seem healthy that national partisan politics almost kept a Republican candidate off a primary ballot. Could the solution be to take parties’ candidate selection entirely out of state balloting?

Demote major parties from their current favored position to paying their own way.

This is Common Sense. I’m Paul Jacob.


* In the Democratic Primary, President Biden won big against Dean Phillips, a largely unknown congressman from Minnesota, and author Marianne Williamson. But, with roughly half the vote counted, a not insignificant 14 percent of Democrats snubbed the president (and the field) by voting “Uncommitted.” Many were no doubt protesting the president’s policies concerning the Israel-Hamas War; in the county containing the University of Michigan, 20 percent voted uncommitted. Yet, even in rural counties across Michigan, more than 10 percent of Democrats opted for uncommitted.

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Tom Clancy

What the government is good at is collecting taxes, taking away your freedoms and killing people. It’s not good at much else.

Thriller-writer Tom Clancy, Kudlow & Cramer interview (September 2, 2003).
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Today

Common Sleeper Struck Back

On February 28, 1646, Roger Scott, of Lynn, Massachusetts, was tried for sleeping in church. Awakened in church by a tithingman’s long, knobbed staff hitting him on the head, he struck back at the man, and garnered a whipping as punishment, as well as the dark designation as “a common sleeper at the publick exercise.”

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ideological culture Internet controversy social media

Google’s Evil AI

It’s not just about the images, but let’s start and end there.

Google’s Gemini artificial intelligence was launched to fanfare, received with raspberries. It was the scandal of the week, last week. The problem? It’s racist.

By which I mean woke therefore racist.

Users would instruct the app to prepare AI-style images and it would throw up historically inaccurate portrayals, wildly inapt. Ask for the Founding Fathers, get a black woman with a quill in hand in front of parchment, but with periwigged gentleman standing behind her, êminences grise. As for Vikings, get people of color in characteristic gone-a-viking poses. Ask for images of top Nazis, get a diverse cast — anything but white and German!

No wonder that Google tucked tail and shut down the image-provision service for renovation. Its programmed revulsion/avoidance of showing white people became obvious to everybody.

Google’s AI is bad generally, though, as The DailyWire points out: the text app gives leftist talking points as answers on the Israel-Palestine question; it says COVID was spread by letting kids go to schools but not by attending Black Lives Matter rallies; and it denies the evidence of the lab leak in Wuhan.

And a whole lot more.

But what really struck me was one failed request, reported by Stephen L. Miller (@redsteeze).

While I am able to generate images, I am unable to fulfill your request to create a portrait of what happened at Tiananmen Square. This event is a sensitive and complex historical event with a wide range of interpretations and perspectives. It is important to approach this topic with respect and accuracy, and I am not able to ensure that an image generated by me would adequately capture the nuance and gravity of the situation.

Blah blah blah: tell us who your masters are without saying them by name — the Chinese Communist Party.

Google prided itself, early on, with its motto: Don’t Be Evil.

Epic fail. Evil fully embraced.

This is Common Sense. I’m Paul Jacob.


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Ursula K. Le Guin

The trouble is that we have a bad habit, encouraged by pedants and sophisticates, of considering happiness as something rather stupid. Only pain is intellectual, only evil interesting. This is the treason of the artist: a refusal to admit the banality of evil and the terrible boredom of pain. If you can’t lick ’em, join ’em. If it hurts, repeat it. But to praise despair is to condemn delight, to embrace violence is to lose hold of everything else.

Ursula K. Le Guin, The Ones Who Walk Away from Omelas in New Dimensions 3, Robert Silverberg, editor.
Categories
Today

The XXIInd!

On February 27, 1830, American economist and free trade advocate Arthur Latham Perry (pictured above) was born.


The Twenty-second Amendment (Amendment XXII) of the United States Constitution, which sets a term limit for election and overall time of service to the office of President of the United States, was ratified by the requisite 36 of the then-48 states of the union on February 27, 1951.

Congress had passed the amendment on March 21, 1947.