Learn To Love The Gridlock
Interesting point from Supreme Court Justice Scalia, from a post over at Patterico.com. Scalia spoke at a Senate Judiciary Committee hearing:
So, the real key to the distinctiveness of America is the structure of our govenment. One part of it, of course, is the independence of the judiciary, but there's a lot more. There are very few countries in the world, for example, that have a bicameral legislature. England has a House of Lords, for the time being, but the House of Lords has no substantial power; they can just make the [House of] Commons pass a bill a second time. France has a senate; it's honorific. Italy has a senate; it's honorific. Very few countries have two separate bodies in the legislature equally powerful. That's a lot of trouble, as you gentlemen doubtless know, to get the same language through two different bodies elected in a different fashion.Very few countries in the world have a separately elected chief executive. Sometimes, I go to Europe to talk about separation of powers, and when I get there I find that all I'm talking about is independence of the judiciary because the Europeans don't even try to divide the two political powers, the two political branches, the legislature and the chief executive. In all of the parliamentary countries the chief executive is the creature of the legislature. There's never any disagreement between them and the prime minister, as there is sometimes between you and the president. When there's a disagreement, they just kick him out! They have a no confidence vote, a new election, and they get a prime minister who agrees with the legislature.
The Europeans look at this system and say "It passes one house, it doesn't pass the other house, sometimes the other house is in the control of a different party. it passes both, and this president, who has a veto power, vetoes it," and they look at this, and they say (adopting an accent) "Ach, it is gridlock." I hear Americans saying this nowadays, and there's a lot of it going around. They talk about a disfunctional government because there's disagreement... and the Framers would have said, "Yes! That's exactly the way we set it up. We wanted this to be power contradicting power because the main ill besetting us -- as Hamilton said in The Federalist when he talked about a separate Senate: "Yes, it seems inconvenient, inasmuch as the main ill that besets us is an excess of legislation, it won't be so bad." This is 1787; he didn't know what an excess of legislation was.
Unless Americans can appreciate that and learn to love the separation of powers, which means learning to love the gridlock which the Framers believed would be the main protector of minorities, [we lose] the main protection. If a bill is about to pass that really comes down hard on some minority [and] they think it's terribly unfair, it doesn't take much to throw a monkey wrench into this complex system. Americans should appreciate that; they should learn to love the gridlock. It's there so the legislation that does get out is good legislation.
Chris Christie also applauded "divided government."
And here's how "Occupy Wall Street" promotes the antithesis of what divided government does. Robert David Graham blogs at Errata Security (a very interesting long post):
The occupiers were inspired by the Arab Spring, where the people took their countries back from powerful dictators. But they forget that those dictators similarly took power at the head of populist movements that removed their predecessors and that they ruled "in the name of people". Colonel Gaddafi didn't promote himself to General because that was presumptuous, he was just a man of the people.I found the occupiers had the same totalitarian attitude, though they don't see it as totalitarian. Yes, their loving acceptance of those who disagree with them is astonishing, but it's totalitarian. It asks that people give up their individuality to the state the occupiers are creating. Rather than free speech, the protest has a sort of "managed speech" to make sure everyone has equal time. There is also the flip side, that not to join the movement or to disagree with the protesters means that you are working against the interest of the people.
We have seen this before in history, such as during the French Revolution and the Reign of Terror. After they ran out of nobles, the Committee for Public Safety started beheading political rivals -- even those of their own party who helped overthrow the royalty. Their implicit thinking was this: I support the people. Therefore, if you disagree with me, you are acting against the people and must be beheaded. Or to paraphrase in the modern idiom, "you are either with us or against the people".The protesters have been settling on the idea that the conflict is the 99% against the 1%. But since the country is evenly divided between Democrat and Republican, they represent, at best, the interests of 50% against the 1%. No matter how poor, Republicans don't see socialism as being in their own interests. Instead of chanting "We are the 99%" they should be chanting "We are the 50%", but they seem immune to seeing things from this perspective.
A note on Graham by Graham:
I'm a libertarian, which means I'm interested in the connection between populism and totalitarianism, which we libertarians see as the same thing.
And more on blaming Wall Street:
By the way, while Wall Street may be responsible for bad things, it is Wall Street who financed putting a million miles of fiber optic cables crisscrossing continents and under oceans. It is Wall Street that financed the thousands of cell towers. It is Wall Street from which venture capital comes to finance startups like Twitter. Thus, tweeting "Down with capitalism" from your iPhone for those around the word to read seems to be the most ironic thing a person can do. The live stream from the protest site, shared with 12,000 (at this moment) people across the Internet is a testament to Wall Street's allocation of capital that these protesters fight against. [Obligatory Monty Python reference]That the protest is dominated by Internet savvy youths exploiting social media is frequently mentioned. But what is not mentioned is the fact that the protesters are overwhelmingly college students, or recent graduates who still haven't found jobs. They aren't just any college students, but the stereotypical sort that you might expect to be involved in campus activism, such as graduate students in "Gender Studies." I found nobody with engineering or science degrees, but many from arts and acting colleges. After talking with one guy for a while about unemployment and his difficult in finding a job after college, I found out that he was a "poet." I'm not sure he understood that employers aren't looking to hire poets. The only person I met that had a political science degree was one of the police officers "keeping the peace."
Graham link via Cato







"I found the occupiers had the same totalitarian attitude, though they don't see it as totalitarian."
Of course they don't consider it totalitarian, as long as they get to be in charge. I stick by my earlier diagnosis: the Zombie Apocalypse has arrived, because these people clearly have no brains.
On a more serious note: these mobs are scary. They represent pure, uneducated populism. Their demands are stupidly impossible, but the mobs' very existence shows how far off track our society has gone, and how close to the edge we are now. A few sparks of violence, and this could turn really, really ugly.
The scary thing: there is no solution. We have far too many under-educated, over-entitled people. They now cover every layer of society, from ignorant kids wandering the streets in inner-city slums, all the way through spoiled rich kids who think their degree in sociology or art history actually means something. None of these people have useful skills, any anyway they resent the idea of having to work for a living. They believe that the world owes them, they haven't collected yet, hence the mobs.
What can a society do with people like this?
a_random_guy at October 10, 2011 12:17 AM
> it is Wall Street who financed putting a million
> miles of fiber optic cables crisscrossing
> continents and under oceans.
I've become hypersensitive to the phrase "the corporations". When anyone, including people who I really ought to be nice to, identifies "the corporations" as a source of evil, I tend to become extremely rude to them. It's childish talk. Having grown up on a college campus, I thought it was a collegiate affectation that would fade as did long hairstyles for men. I was mistaken.
The use of this phrase is always glib. Implicitly, the speaker has a vast, exciting new scheme for management of human affairs to replace "the corporations". But in reality, the speaker merely demands greater moral authority from you in return for nothing at all.
The separation of management and ownership in business has done a fantastic job of spreading wealth and power. There's not even a second prize: No better scheme has even been described, let alone demonstrated.
The thundering simplicity of this truth brooks no argument; every word that answers it is the cluck of a bitter, undersexed schoolmarm on a lonely Sunday afternoon.
Crid [CridComment at gmail] at October 10, 2011 5:11 AM
And by the way, I've known bitter schoolmarms, and their lonely Sundays have given me some of the best afternoons of my life....
But never cluck. EVER.
Crid [CridComment at gmail] at October 10, 2011 5:13 AM
Gotta gota work, but got pissed off in the shower thinking about it.
Listen, TRY THIS. Next time you hear the phrase "the corporations", think about whether the person in front of you:
...and this is a big one...
Don't put up with that shit.
Crid [CridComment at gmail] at October 10, 2011 5:39 AM
What can a society do with people like this?
Since they lack any higher brain function, medical testing could be done. They almost resemble humans, and share many anatomical similarities to us. However, their inability to use tools or higher language skills still separate them from higher primates.
Jim Armstrong at October 10, 2011 6:07 AM
Unfortunately the famous separation of powers no longer exists. We have traded the feudal lords of Europe for the feudal lords of the federal judiciary. Federal "judges" effectively have unlimited life time power and are only accountable to their overlords.
The presumption by federal "judges" to order state legislatures around as to what they must do, combined with the constitutional amendments that allowed income tax and the popular election of senators effectively eliminated the states as a check on federal power.
The true irony is the Occupy Wall Street crowds fail to understand that the problems we face are because the "progressives" have been all to successful in giving the mobs what they want.
Bill O Rights at October 10, 2011 7:36 AM
Eh.
Just wait until a warm day means it got up to twenty-eight degrees. They'll go home by then.
Steve Daniels at October 10, 2011 9:23 AM
End the weapons of mass production! The lifeblood of humanity is extracted and devoured when people come together in corporations to cooperate economically. Ban any congregation of more than three people for the purposes of producing anything, unless they are within a single family group or appointed by a government commission.
End the ruinous competition for more goods, more gadgets, more entertainment, and more leisure. Idle hands are the Devil's playground. Repent and throw off the appendages of wealth before you gaze on the shining face of your Maker. It is bad enough that your bodies despoil the Earth; do you have to drive cars around also?
(sarcasm, in case you couldn't tell)
Andrew_M_Garland at October 10, 2011 10:12 AM
Nah. They'll just put on their coats from The Gap, The North Face, or Nike and continue to rail against corporations while warming themselves with Starbucks pumpkin lattes.
Conan the Grammarian at October 10, 2011 10:23 AM
"The lifeblood of humanity is extracted and devoured when people come together in corporations to cooperate economically. "
That's the funny thing. People like that are always so all-fired-up about "the power of people coming together" and "collective action". What the hell do they think a corporation is?
Cousin Dave at October 10, 2011 10:52 AM
"It's there so the legislation that does get out is good legislation"
Yeah right. "We have to pass this bill to see what's in it!"
And how 'bout that bit of legislation that led to countless classic children's books being pulped because so many Congressmen & Senators thought kids could get lead poisoning if they ate them?
Evil Corporations control the Government!
We need more Government to save us from Evil Corporations!
Martin (Ontario) at October 10, 2011 11:04 AM
Ugh, I saw this yesterday. Scalia is in a dreamworld if he truly thinks the judiciary is independent these days. Thats what he tells himself to sleep at night. Just look at how much the federal laws/codes have grown in just the last 30 years.
Sio at October 10, 2011 2:38 PM
What can a society do with people like this?
Posted by: a_random_guy
Pray that someone at the CDC goes postal and releases a few interesting microbes into the wild
lujlp at October 10, 2011 9:17 PM
I want every single one of the occupiers take off their pants, and underwear, if they were made by a corporation.
The day they go bottomless to protest corporations is the day I will support them. And that is through the rest of the fall and winter
Jim P. at October 11, 2011 8:18 PM
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