zeke5123a
1d ago
I would slightly disagree with your formulation that that aren’t unenumerated rights that the federal government (and state governments) can not infringe.
The entire anti federalist argument against the bill of rights was that people may assume that what was not written meant the government could invade those rights. The response was the 9th and 10th.
And there are certain rights (rights of Englishmen) that were long standing that were not reduced to writing. But they need to be carefully limited grounded in history and traditionalist justices supplement their will for democratic will.
Abortion pretty clearly was not an August right enjoined by all. It was in fact illegal in the vast majority of states. There was no recorded strong history of allowing abortion. The rules pointed to were presumptions (as it was hard to delineate between miscarriages and abortions).
zeke5123a
1d ago
I agree that it is complex. Plain reading is also dangerous when 150ish years removed (ie what was it understood to mean in the late 1800s).
My response isn’t to say “it is obvious.” My response is to say it isn’t obvious and it isn’t nitpicking.
The other poster tried to compare Roe (a case about unenumerated right that seemingly wasn’t recognized anywhere before) and this one is about untangling a challenging phrase. They just aren’t the same.
zeke5123a
2d ago
It isn’t nitpicking to figure out what the words “subject to the jurisdiction” means.
Clearly there is a limitation (otherwise no need to insert the phrase). The real question is how far do you read that limitation.
zeke5123a
3d ago
The most important thing is being able to assign the opinion if in the majority.
zeke5123a
4d ago
Another poster brought up LOTRad being relatively low brow compared to PM work. But your post reminds me of enduring truth JRRT embedded in LOTR: most of the time, knowing what is the just thing to do isn’t complicated. Instead, choosing to do good even when you know you are likely to fail is the important thing.
People often scorn LOTR because it lacks moral complexity (somewhat unfair criticism). But in reality, the simple truth of “do good even when it might cost you or you might not succeed” is in reality a powerful antidote to the “problem obsessed but no solution” attitude you identify in PM work. And sometimes, that good results in restoring the kingdom.
zeke5123a
5d ago
To add, SCOTUS clerks aren’t doing menial labor like disclosure. They go straight to appellate practices because contra the main post they now spent a few years writing opinions for some of the best judges and Justices in the world (unless you use the misfortune to clerk for KBJ)
zeke5123a
6d ago
I think you meant to reply to @FlyOnTheWall but I think the OP was using that example to prove that even though wokes should hate island we know they support it thus saying wokes dislike Indians because Modi is right wing misunderstands woke.
zeke5123a
6d ago
Not just that but we know that researchers were more than willing to lie (see the infamous paper orchestrated by Fauci et al) when they internally came to different views (yes they make claims they internally changed their mind due to new evidence but that new evidence shouldn’t have changed the predictions materially nor did it justify the venom by which they attacked their critics).
So when the experts are both incentivized to be biased and have been caught lying, why would anyone trust the experts? Even when they produce evidence there is a real question of whether they doctored the evidence or that they would ignore evidence to the contrary.
zeke5123a
6d ago
Sure. But generally speaking evidence ought to make you generally assume the evidence was adverse to the spoiler.
zeke5123a
7d ago
No. Most woke people are dumb and ignorant. After all, most people are dumb and ignorant.
zeke5123a
7d ago
95% of western woke people probably don’t know who Modi even is. They also don’t think about much of the caste system.
In the U.S., Indians are brown immigrants and therefore virtuous.
Also, from my experience Indians like meritocracy when competing with non Indians but can be rather tribal when they are able to be so. Woke permits in some ways both.
I happen to live in a predominantly Indian community. They are very upset about immigration restrictions. Perhaps I am over indexing to my local neighbors.
In the end, MAGA seems Lindy in a way woke just isn’t.
zeke5123a
7d ago
I don’t mind claims of bigotry (sometimes it is true). But what I dislike is assuming bigotry is always wrong (or at least irrational) and the inability to recognize the lefts own bigotry.
zeke5123a
7d ago
“Woke isn’t bad.”
I question your motives given that you are Indian. Woke was generally rhetorically at least supportive of brown people who suffered from colonialism (eg Indians)
MAGA has been very skeptically of immigrants especially Indian immigrants.
Therefore, I’m skeptical that you objectively think woke wasn’t bad compared to the status quo post. Instead, I wonder if you think the status quo post is worse for Indians and therefore don’t like it (consciously or subconsciously).
Now of course it would be fair for you to say “you too” but in reverse. I guess the difference is this is still a white country so it seems like the majority ought to be able to say “we want to benefit the majority; not the minority.”
zeke5123a
18d ago
Or would you apply the same rigor to the other question? That is, neither position is proven but which has more evidence. Why are privileging the blank slate hypothesis when it has for less evidence.
zeke5123a
18d ago
Doesn’t Zuck pine for imperial Pax Romana era Rome ( specifically Augustus)?
zeke5123a
18d ago
We are on a place called the motte. I’m not doing the motte and Bailey.
zeke5123a
19d ago
I agree in part. I think it is generally (although not exclusive) appealing to women who hate men (almost always their dad). But if the claims were even close to true, maybe they’d have a reason to hate men!
zeke5123a
19d ago
Yeah I think that’s right. Fascism and socialism are the same thing with different aesthetics. Manosphere and feminism are h to r same thing with different targets of hate.
zeke5123a
19d ago
I hate the framing of all of the anti-manosphere complaints. It treats feminism as inherently good and the neutral belief.
I loathe feminism. I think it is largely based on bad social science, bad economics, and bad evolution. I think it encourages dislike between the sexes. I think it encourages women to pick sub optimal lifestyles. To quote the broken clock, feminism is cancer.
That doesn’t mean the maosphere is right! But these pieces never seem to deal with the fact that feminism is also bullshit.
zeke5123a
25d ago
Frankly this seems like such a non-story.
The only way this is in fact a story is if the U.S. intentionally targeted the school WHILE knowing it was solely a school.
Assuming no one is alleging that, then everything else is window dressing. Mistakes happen all of the time including in war. Having a stupid panel to tut tut post hoc likely has a de minimis impact on an accident (after all why didn’t it prevent the mistake in the Afghan withdrawal). But it is a nice little way for an opponent of the administration to chest thump in a performative way despite the panel almost certainly being useless (bureaucrats love complaining about elimination of useless bureaucracy).
In short, it seems the military is doing just fine under Hegseth. Complaining about one mistake out of hundreds of strikes seems to misunderstand war.
zeke5123a
25d ago
We also had a reputation of being a military that couldn’t in the end accomplish the mission.
The two may not be related but they very well may.
zeke5123a
30d ago
There was an interesting article that in the last 15+ years there was a lot of “mandatory” buying of stock that are invested in by 401ks.
As boomers retire / more people divert savings to current spending there may be less “mandatory” buying of stock.
Sure they were positively correct. But that doesn’t mean unenumerated rights don’t exist in the U.S. constitutional system.
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