American Elephants


Today was the First Day of the Hearings For The Appointment of Neil Gorsuch to the Supreme Court by The Elephant's Child

If you missed Neil Gorsuch’s opening statement in the Congressional Hearings for his appointment to the Supreme Court yesterday, here’s your chance to hear the whole thing. It was a remarkable statement, and any Democrat attempting to challenge Judge Gorsuch is going to look pretty foolish. It was that impressive. Good Man.



It Is Surpassingly Important that Lefties Feel Good About Themselves! by The Elephant's Child

Popular “virtue-signalling” sign. Completely irrational.

A new report from the Ohio Jobs and Justice Political Action Committee says that sanctuary cities are growing and 36 new locales have been added to the list of nearly 500 sanctuary cities. The group has been tracking sanctuary cities for over 10 years. This doesn’t seem  to be anything  that appears on a ballot, but rather the machinations of city councils—what they  are now calling “virtue-signalling” — or “see what a good person I am.”

What I don’t get is why anyone would assume that being a “Sanctuary City” in direct defiance of federal laws is a good thing, nor why protecting illegal aliens is to be considered admirable.  We have immigration laws. If you want to come to the United States to visit, to work, or to live and/or become a citizen, there are rules to protect both the immigrant and the American people.

Sanctuary Cities announce that because they want to be perceived as good people, they want to ignore the rules and regulations and let those who refuse to follow the law be protected from arrest or detention, no matter what they have done or plan to do. Is that stating it baldly enough? Why would you want to protect people, who have already demonstrated that they have no respect for the law— instead of your own citizens?

The Left likes to play with words, in this case attempting to confuse people’s perception of the difference between an illegal alien, an immigrant, a refugee, an H1B worker, and someone here on a visitor’s visa who has illegally overstayed. 

The same thing is being played out in President Trump’s Executive Order halting immigration from 7 countries selected by the Obama administration for 90 days until vetting procedures can be developed to cope with the absence of official sources in those countries to identify the would-be immigrants. This is not a ban on Muslim immigrants—there are far more Muslims in other countries who are not being banned at all.

These are countries where ISIS and alQaeda are prominent and who have announced that they are sending their fighters into our country to kill Americans. Seventy-two terrorists from these countries have been convicted in our courts.

More than 1800 refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen have been resettled in this country in the period since a federal court judge  suspended key parts of an executive order dated Jan. 27 from these 7 nations. Unvetted. But they are refugeeeees! Maybe, maybe not. We can help far more actual refugees if we help them in areas near to their homes simply because it costs a lot more to resettle them here. As usual, what is most important to members of the Left is “a matter of their very flattering vision of themselves as people trying to save the planet, rescue the exploited and create social justice” for all.

President Trump has rewritten his Executive Order, which was due to take effect but a Hawaii judge has issued the same sort of illegal halt that a Seattle District judge issued earlier. In this case it is really astonishing. The Hawaii District Judge said that he didn’t need to read the order, but that because Trump had spoken unfavorably about Muslims during the campaign, clearly he had animus against Muslims. He also included the objections of a local Muslim of Egyptian descent  who felt that he was discriminated against in spite of the fact that there was nothing in the Order that affected him in any way. Whew! The Constitution is absolutely clear that the President of the United States can exclude anyone he wants to from entering the United States. The Hawaii ruling will go to the Ninth Circuit which gets overruled constantly because they are so far left.

This is once again the Left, who are furious that Donald Trump won the election, furious that they have been decimated at every level of government, and so devoid of a “bench” that they are reduced to touting Chelsea Clinton, Al Franken and Senator Cherokee Cheekbones as potential candidates.

Democrats know they are in trouble, and have declared total war, and to heck with the Constitution. They are trying to use refugees and illegals to change the demographics of voting districts in a way more friendly to the Left. Obama and former Attorney General Eric Holder plan to file lawsuits across the country in districts where lines have been redrawn, or ‘gerrymandered’ by Republicans, to find cause to flip them in a way more favorable to Democrats.

The idea that you can simply reject the results of an election because you don’t like the winning candidate is completely antithetical to American Law and American tradition. It is not a small matter, and should be taken seriously as an attack on the nation by those who do not care about American Law and American tradition.



Democrat Scandal-Mongering Amounts to Nothing at All by The Elephant's Child

Preet Bharara has been the U.S. Attorney for the Southern District of New York. He was fired on Saturday, since he chose not to tender his resignation as the other U.S. Attorneys did. It is customary for U.S. Attorneys to resign when a new administration begins, as they serve at the pleasure of the president. Naturally this has been picked up by the Democrats, trying to make a scandal out of a normal function of government that takes place in every new administration.

James Freeman explains the dramatic situation at the Wall Street Journal:

At the start of the first week since 2009 in which Preet Bharara will not be the U.S. Attorney for the Southern District of New York, Manhattan residents are jamming local markets in search of emergency supplies of food and water.

Most shoppers are likely responding to a blizzard warning from the National Weather Service. But given the outsize press coverage of Mr. Bharara’s Saturday firing, one could easily assume that New Yorkers, especially those who work in media, are simply trying to cope with a bout of post-Preet depression.

This is another enormous attempt to create scandal out of nothing at all. Pay no attention.



The Decline and Fall of America’s Educational Excellence by The Elephant's Child

While the nation’s budget watchers pour, with horror,  over the numbers involved in student loans, it seems that students are spending their student loan money to have a really good spring break fun-in-the-sun trip. Perhaps that is an outgrowth of the Obama administration’s insistence that every young person should go to college. Or on the other hand, perhaps parents just put too much emphasis on what fun they had when they were in college. Unfortunately, Congress keeps upping the amount a student can borrow to go to college which directly results in colleges raising tuition. It’s a cycle that must be ended.

This comes in the wake of the riot at Middlebury. Students at Middlebury College in Vermont decided they could not tolerate opinions that differed from their own. Actually, they were acting on hearsay about the work of distinguished scholar Charles Murray, that came from sources such as the Southern Poverty Law Center, and they had no idea at all about Murray’s work or ideas. The protest resulted in a faculty member hospitalized. Dan Henninger of the Wall Street Journal suggests that this event may be a tipping point, though that is not at all sure. The news from our colleges is not, to say the least, encouraging.

Why are the Millennials Protesting?” asks a piece from Townhall.

As for the self-evident, self-centeredness of many millennials, this is partly the result of their upbringing and environment, as they have grown up in a culture of indulgence, a culture of narcissism, a culture of radical, leftist, campus ideology (which often revolves around “my feelings”), a culture of me-focused social media, which finds its ultimate expression in the selfie.

At Pitzer College, there is a current flap about white girls wearing hoop earrings, something claimed to be cultural appropriation of styles that belong to brown and black people. Who knew?

In response to student and faculty activists, Barnard college will divest from companies that “deny” climate change. They have not yet defined what makes one a denier.

Yet the college will not be divesting from fossil fuels in the traditional sense.

Instead, it will take an approach that no other college has taken before, divesting from companies that “deny climate science or otherwise seek to thwart efforts to mitigate the impact of climate change.”

Oddly enough, I have never heard of anyone who denies that the climate is always changing. It’s a natural process. Since the activity of the sun controls the warming and cooling of the planet, this does not promise to be a major point advancing the value of a Barnard education.

There has always been nonsense going on in our colleges. There was a time when it was as tame as goldfish swallowing and panty raids, but that devolved into the much more serious protests against the Vietnam War, largely because students were terrified of being drafted. Which in turn ended up with a lot of educational deferments by those who believed a PhD would keep them out of the war, and resulted in the leftist takeover of American education. Since professors help to choose the new faculty,  leftists did not endorse those who disagree with them politically. Add on the Frankfort School and you have today’s campus problems, and Leftist indoctrination of students.

The essence of all the protests and outrage at the injustices of the world, the renaming of college buildings that celebrated someone who once approved of slavery, and removal of statuary of unapproved forbears is on display. The kids are often away from home for the first time, and experiencing new things without much knowledge of either the present or the past, and the colleges are flush with moral outrage, which seems to be catching.  Reason sums it all up nicely in an article titled “Moral Outrage is Self-Serving, Say Psychologists.

When people publicly rage about perceived injustices that don’t affect them personally, we tend to assume this expression is rooted in altruism—a “disinterested and selfless concern for the well-being of others.” But new research suggests that professing such third-party concern—what social scientists refer to as “moral outrage”—is often a function of self-interest, wielded to assuage feelings of personal culpability for societal harms or reinforce (to the self and others) one’s own status as a Very Good Person.

The faculty at Middlebury is trying to back down in the face of the riot the protests developed into. Mizzou has had a distinct decline in enrollment, had to shut down some dorms and had a devastating attack on their funding. There are consequences. Faculty and administrators need to start acting like grownups. Bad behavior should not be tolerated, and if the colleges don’t react, their potential customers may well choose somewhere where bad behavior is not tolerated. There is the overall question of free speech, which is guaranteed by the U.S. Constitution, not a bunch of adolescent students, but of basic manners and decent behavior.

Education does not involve comfortable wallowing in the same old ideas one brought to the institution. Students are expected to meet startling and surprising new ideas and new approaches to everything. There are no “safe spaces” in life, and empathy and moral outrage are not the path to coming face to face with the real world.
Businessmen are beginning to learn that customers aren’t necessarily in tune with business spouting politics. Organized protests are unneeded. People take their dollars elsewhere. Colleges and universities should be learning the same lesson. Mizzou will not be the only university to find their students gone elsewhere. Parents want their kids to learn, not to be indoctrinated in someone else’s politics.



The Middlebury College Disgrace: Leftism, Ignorance and Hate by The Elephant's Child

Last Thursday. March 2, the distinguished Professor Charles Murray was invited to speak at Middlebury College in Vermont on his most recent book Coming Apart and how it related to the recent election. Plans for protests began to emerge, encouraged by several faculty members. The logic, Dr. Murray says, that “since I am a racist, a white supremacist, a white nationalist, a psuedoscientist whose work has been discredited, a sexist, a eugenicist, and (this is a new one) anti-gay, I did not deserve a platform for my hate speech, and hence it was appropriate to keep me from speaking.”

The lecture hall was filled to capacity, about 400, half of whom had come to hear the lecture, the other half to protest. The protesters had scripts to read from and screamed enthusiastically, but had no idea what they were screaming about. The students got violent, the Political Science professor who had agreed to act as moderator for the Q&A session and ask the first three questions herself, was injured and sent to the hospital.

The New York Times coverage of the incident is here. Largely ill-informed and fake news, they used the Southern Poverty Law Center, described as “left-leaning” rather than far-left (which is more accurate) as an “authority.” The photo shows students reading from their scripts. Here is Dr. Murray’s description of the event from AEI where he is a distinguished scholar. Here is a photo of the lovely Middlebury Campus where the yearly cost for tuition, room and board is a startling $61,046 a year. ($6,000 a month).

My great, great uncle was a Middlebury graduate, probably 1838, though he was ill with typhoid one semester. His room and board cost $2.50 a week in the nicest private homes, and his entire education cost no more than $1,000.

Here’s an interview from Hoover’s “Uncommon Knowledge” series by Peter Robinson, when Charles Murray’s Coming Apart had just come out in 2012. Uncommon Knowledge interviews are long (47 min) but completely fascinating, giving you real insight into the scholar. The book explains how over the last 50 years the culture has changed, and changed dramatically. The Founders said that to preserve the free society they were advocating, Americans must possess certain values: 1. religiosity 2. marriage integrity 3. industriousness and 4. plain honesty.  And we are losing that.  Perhaps for good.  And if we do, we will not be the same country we all have loved.

There must be consequences for the Middlebury students. There is no excuse for such behavior, and such ignorant behavior. How many parents are able or willing to spring for $6,000 a month? How many future employers will look askance at a Middlebury degree? Will parents pull their kids out of school and put them to work? Are there consequences?

I had long looked with a bit of disfavor on Dr. Murray because of his division of people into classes, and I had always believed in an America that was essentially a classless society — yet that is precisely what he is arguing. In Coming Apart. We were essentially a classless society, and we are losing that, and it is unhealthy, and may be beyond redeeming. The protesting students have their arguments essentially backwards. Fascinating arguments. While you can see faint glimmers of where the protesters got their ignorant ideas — they would be far better off to have listened carefully and tried to understand. But our American campuses are no longer places of learning, but devolving into something quite different. And that is a huge loss as well.

ADDENDUM: Here is an essay about the Middlebury contretemps by the editors at National Review. A good piece. ” Charles Murray is used to protests. If he opens a box of Cracker Jack, there is no prize at the bottom, just some Haverford College sophomore calling him a racist. If he were protested any more widely, he’d be the Vietnam War. But, usually he is also permitted to speak, free speech being a two-way street.”



Charles Hurt: Obama Would Routinely Keep Some Reporters out of Gaggles by The Elephant's Child

It wasn’t a big deal until it was the New York Times who was not included. A little confusion about the First Amendment. It isn’t just Freedom of the Press. The reason that it is called Freedom of the Press is because in the days when the Constitution was written, it was printers who disseminated the news on papers they printed. There was no idea of the modern newspaper or networks.But there were Town Criers.

The Amendment also includes some mention of Freedom of Religion and its free exercise, the right to peaceably assemble and to petition the Government for a redress of grievances. It’s not all about the press.



The Tyranny of the Administrative State by The Elephant's Child

wy-pond-550x309You will be hearing a lot more about “the administrative state” in the coming days and weeks. The name sounds way too bureaucratty to be of interest, but phrased a little differently, more like—the Progressives are a bunch of control freaks and want to ruin your life and your freedom with a constant flow of regulation to satisfy their own egos.   That’s much clearer, and unfortunately true.

This seems especially clear because I’m just back from a trip to Home Depot for lightbulbs. If you have recently faced the lightbulb display at Home Depot or any similar store, you know what I mean. The federal government decided that the fear of global warming justified banning our dependable, cheap, incandescent bulbs and thrusting upon us all sorts of unsatisfactory junk from China—twisty bulbs, 40 watt bulbs that are now supposed to light as well as 75 watt but don’t use up so much energy and so on. What was once a simple shopping trip has turned into a confusing nightmare. Besides, I personally believe that this has nothing to do with “saving energy” and everything to do with the fact that the lighting companies would make a lot more money if they could force us to use the noxious new bulbs made in China, that being why they have all those lobbyists in D.C. (crony capitalism).

Conservatives talk a lot about Liberty and the Constitution, but I’m afraid that that just passes millennials by. Our founding fathers were only recently subjects of England, and they had revolted and fought  a war to escape what they considered tyranny and a far too administrative state. When they were writing a new constitution for the country, Liberty was paramount in their minds. How could they insure that generations hence would not lightly lose all that they had fought for? They were deeply familiar with ambition and greed, power-seeking, and all the other flaws of humanity. So they devised a system of three equal branches, so that no one branch could exert control over the others—and in general, it has worked pretty well.

When the European Union was being devised to prevent the continual wars that had plagued the continent, Valery Giscard d’ Estang, a former French President, was elected to the commission to devise a constitution for the EU. The commission looked at the U.S. Constitution, but could not imagine devolving so much power to the people. So the EU became the unaccountable body to which much of Europe is revolting and considering leaving, as Britain is now doing.

Here’s an example of how the modern administrative state tramples all over the separation of powers from Steven Hayward’s new book: Patriotism Is Not Enough. A classic paragraph from Boston University law professor Gary Lawson, in his 1994 Harvard Law Review article “The Rise and Rise of the Administrative State.”

The [Federal Trade] Commission promulgates substantive rules of conduct. The Commission then considers whether to authorize investigations into whether the Commission’s rules have been violated. If the Commission authorizes an investigation, the investigation is conducted by the Commission, which reports its findings to the Commission. If the Commission thinks that the Commission’s findings warrant an enforcement action, the Commission issues a complaint. The Commission’s complaint that a Commission rule has been violated is then prosecuted by the Commission and adjudicated by the Commission. This Commission adjudication can either take place before the full Commission or before a semi-autonomous Commission administrative law judge. If the Commission chooses to adjudicate before an administrative law judge rather than before the Commission and the decision is adverse to the Commission, the Commission can appeal to the Commission. If the Commission ultimately finds a violation, then, and only then, the affected private party can appeal to an Article III court. But the agency decision, even before the bona fide Article III tribunal, possesses a very strong presumption of correctness on matters both of fact and of law.

It’s only funny until they start coming after you. We’ve reported on Gibson Guitars, and the Sacketts case in Northern Idaho, and rancher Andy Johnson building a stock pond  (above) on his property, but those are only a few of the big ones. Notable because they were so outrageous and so stupid. But excellent examples of the administrative state at work. How do you fight fines of $35,000 a day? How about telling all the school kids in the country what they have to eat for lunch? Or how about ordering all the bathrooms and locker rooms to be open to anyone who wants to come in?




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