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Culture War Roundup for the week of June 2, 2025

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There is no other form political power comes in. Even negative freedoms are specifically rules that deny some people what they want.

Asking for politics that are not coercitive is a ridiculous standard that not even anarchists abide by.

Yes, but the form of the justification is important in maintaining a functional liberty-minded society, in which the social contract is something like "You and I probably have different ideas and values as to how we should live our lives, so let's just agree on a minimal set of coercive laws so that we can be peaceful neighbors."

Now functionally, in practice, there can be severe disagreements as to what should be part of the minimum set of laws; there's non-ridiculous arguments to be made that allowing people to stockpile a military arsenal can make their neighbor fearful and not able to coexist peacefully, or that someone removing "just a clump of cells" is depriving a being of life. But they're couched as arguments over what is the minimum set of laws to allow diverse viewpoints and lifestyles. Even if in practice they can be the same, they are not presented as a naked "Ok, now that I have the backing of a majority you better adopt the lifestyle I want you to have or else..." I guess in a spirited debate it's possible to accuse the other side of doing it. But to resort to unironically, unashamedly doing it is crossing some serious lines.

Because at that point, the polite covenent of let's just be neighbors and leave one another alone is irreparably broken.

But they're couched as arguments over what is the minimum set of laws to allow diverse viewpoints and lifestyles. Even if in practice they can be the same, they are not presented as a naked "Ok, now that I have the backing of a majority you better adopt the lifestyle I want you to have or else..." I guess in a spirited debate it's possible to accuse the other side of doing it. But to resort to unironically, unashamedly doing it is crossing some serious lines.

But to resort to unironically, unashamedly doing it is crossing some serious lines.

You are perhaps more correct than you realize.

"The Country" has not defeated attempts to curtail religious liberties. Specific power blocs have defeated those attempts. To the extent that the Court has been involved, it has recognized political victories, not generated them. Absent those power blocs, neither the Constitution nor the Court will protect religious liberties for any significant length of time.

At every step from absolute liberty to absolute oppression, it is always possible to describe the negative space around current restrictions as "huge deference". Allowing Churches tax-exemption is Huge Deference. When that is removed, allowing them to hold meetings without the approval of an official censor will be Huge Deference. when that is removed, allowing them to meet at all will be huge deference. Not searching former congregants homes for banned materials. Allowing them to have children. Allowing them to live. All possible laws leave negative space, and any amount of negative space can always be framed as Huge Deference. It's not as though deference has a standard unit of measure, much less a volume equation.

[...]

There is no objective measure for "huge deference", "reasonable restrictions", "necessary protections", or any other such phrase. Such phrases are not pointing to a unbiased rule or a principled argument. They are a naked appeal to social consensus, and social consensus observably has had an unacceptably wide range of possible positions within our lifetimes, much less over the course of human history.

"The Constitution protects this" means nothing more than "this is safe so long as the right people approve of it". I observe that "what people approve of" is a fantastically malleable category; if we can go from the 2000s consensus on free expression to the consensus of Current Year, no principle is safe.

No, I do realise all of that. But the forms and niceties are important, even if they are just pretending. If you pretend to tolerate the other for long enough, you start believing you do. And when enough people believe it, something magical happens (or rather, something terrible doesn't happen); your society becomes more stable and its constituents don't jump to civil war anytime they lose an election.

Let us suppose I rigorously observe the forms and niceties. The other side flouts them. This is regrettable, but mistakes and friction are inevitable.

I continue to observe the forms and niceties. The other side continues to flout them. This happens repeatably, to the point that I can predict in advance with excellent accuracy where and when the flouting will occur, the specific mechanisms used to organize, implement, and protect it. This flouting constantly costs me value, and the value it costs me is increasing rapidly over time.

Your claim seems to be that the correct response is to grin and bear it, to accept that justice will never be done and that this is okay because mumble mumble.

There are contexts in which this is an answer I, personally, am willing to accept: "Lord, how many times should I forgive my brother when he sins against me?"

This is not an answer that you should rely on to maintain our current, observably-shaky condition of peace and plenty in the long term. Such reliance is extremely foolish and extremely dangerous. I invite you to contemplate the political history of the phrase "no justice, no peace", and to examine its prominence in the political landscape. Examine the position of John Brown within our society and political mythos.

What if the other side bends the niceties, but is still constrained by them to a point? You're better off with a devil who's compelled to keep up a facade of lawfulness than a devil who's acting completely unconstrained. Sure, it sucks to be stuck in this kind of asymmetrical equilibrium where you have to completely refrain from rule-breaking just because it compels your opponent to do less rule-breaking than he otherwise would. But you might still want to keep that equilibrium in place, if you have reason to believe the opponent has a sufficient advantage that a completely unconstrained version of them could squash you.

To put it another way, taking the blows is usually a better strategy than declaring all-out war. The fact that the other guy is feeling free to pummel you is a pretty good sign that they're confident in their ability to win (or at least ensure MAD) if you did, foolishly, fight back with lethal force.

What if the other side bends the niceties, but is still constrained by them to a point? You're better off with a devil who's compelled to keep up a facade of lawfulness than a devil who's acting completely unconstrained.

Of course. Then the discussion advances to where we draw the line between "we can live with this" and "we cannot live with this", and it becomes very important to have a clear understanding of exactly what you're being asked to tolerate. Hence why @gattsuru and I have spent considerable effort over a long period of time tracking the facts on the ground, and why, more and more over time, the conversations here are predictable in advance. At some point in the relatively near future, the Supreme Court is going to hand another win to Blue Tribe, and then our elites will turn to Red Tribe and expect them to accept this win as decisive, and then will be shocked and horrified when Red Tribe fails to comply. How dare they! Don't they understand that we have norms? Well, no, "We" don't, because those norms died here, even if realization of their death doesn't actually dawn until Blue Tribe attempts to draw on them and so renders their absence legible via New York Times headlines.

To put it another way, taking the blows is usually a better strategy than declaring all-out war. The fact that the other guy is feeling free to pummel you is a pretty good sign that they're confident in their ability to win (or at least ensure MAD) if you did, foolishly, fight back with lethal force.

The other guy is deluded, and their delusion has been sustained by ironclad control of the knowledge-production apparatus that, it turns out, has just about rusted through. If we play by the rules Blue Tribe plays by, Blue Tribe has essentially no chance of surviving the ensuing conflict, while our chances of surviving are excellent; thrive vs survive, no?

Blue Tribe's inability to understand this fact and thus leaning heavily on their supposed strength is one of the great risk factors dominating the present crisis.

How dare they! Don't they understand that we have norms? Well, no, "We" don't, because those norms died here,

This is what I dispute. If we're talking about gun control - sure, the 2nd Am has been bent pretty badly to allow Blue states to effectively ban at least some arms that should clearly be protected. But no Blue government actually passed a federal ban on firearms. I guarantee you that in a world where everybody ignored the Constitution without a second thought, they would have tried at some point. The way I see it, your choice is between selective application of the second amendment, and it simply being torn down.

If we play by the rules Blue Tribe plays by, Blue Tribe has essentially no chance of surviving the ensuing conflict, while our chances of surviving are excellent;

I don't actually believe that. The Blue Tribe has better liars, better loophole-finders, and above all else a much better social shaming apparatus. It has a nonzero ability to affect Red-aligned normies' worldview, while Red think-tanks are pretty useless at shifting Blue-aligned normies' Overton window. If everyone fights maximally dirty, then, all my personal opinions aside, I'm betting Blue.

(Of course, perhaps we're operating at different levels of metaphor, and you meant the Blues would lose a literal bullets-flying civil war? That's a very different conversation, and frankly one I'm not sure has very much to do with the issue at hand.)

But no Blue government actually passed a federal ban on firearms.

The Assault Weapons Ban of 1994 is within living memory. The last Blue Presidential nominee laughed at the idea that the Second Amendment would protect against outright confiscation of firearms from their current owners. There are several federal bans on firearms, and not a single one has been successfully challenged at SCOTUS. The only federal gun control law that has ever been successfully challenged was the Gun Free School Zones Act, under the Commerce Clause, and which immediately was reenacted with the court pretending it was all okay. Nor is that because the statute-writers carefully wrote around the borders of the Second Amendment, or even believed it could cover anything.

If you mean to say that the Blue government have not passed a federal ban on all firearms, granted. But this does not reflect the Constitution coming out of its glass case.

I guarantee you that in a world where everybody ignored the Constitution without a second thought, they would have tried at some point.

They did, in fact, try. They have, in fact, tried repeatedly, both at local and federal levels. The 1938 Gun Control Act started out specifically as a complete registry of every semiautomatic, under a theory that this could make a future nation-wide Sullivan Act possible! Lujan Grisham was not stopped by a preliminary injunction (it got stayed), or a citizen grand jury (New Mexico has them in theory but defanged them against politicians) or civil suit (New Mexico's overturned qualified immunity with a but, and that butt is Grisham's face) or impeachment (nope) or federal or state censure (double nope, didn't even get a single Dem vote); she was stopped by actors holding politically-responsive offices knowing that knew they would face a serious cost at the next poll.

The only thing that has stopped several very broad gun control laws has been serious, prolonged, and coordinated political and structural force from the Red Tribe against its own politicians, well away from the courthouse.

Some of those came at massive political cost! The NRA tanked several Red Tribe politicians to protect Harry Reid, in exchange for Reid blocking gun control efforts, right before Reid infamously burned the next Red Tribe presidential nominee with malicious slander from the House floor. Even smaller stuff, like increasing efforts to curate Blue Dog Democrats and trim anti-gun Republicans, cost no small amount of political capital and literal money, and was one of many factors that lead to the ACA passing.

The way I see it, your choice is between selective application of the second amendment, and it simply being torn down.

There is no application of the 2nd Amendment, today. There are only fancy papers talking about it.

Heller can not register (lol) his gun from Heller I, he's brought a handful of other cases that SCOTUS punted on every single one, in Heller II a goofball wrote a dissent from the appeals court case specifically calling for SCOTUS to decide on the question of 'assault' weapons bans, and yesterday the guy who wrote that dissent in Heller II put out a statement in Snope deciding nope not gonna. From the last available numbers, the NYPD have issued fewer CCW permits per-annum post-Bruen than before it, those lucky few can carry fewer places at greater legal threat, and they may not be able to carry at all anyway. Other courts have simply read Bruen's rule against banning carry across an entire island and deciding that five sounded better, and SCOTUS punted. Lower courts have simply defied SCOTUS opinions that covered other rights too, and SCOTUS punted; others outright deny that the 2nd Amendment exists in their courtroom.

I can keep doing this.

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