Category: Law, Constitution, and Jurisprudence

  • Anyone can start a telecom company too. Anyone can start a power station too. An

    Anyone can start a telecom company too.
    Anyone can start a power station too.
    Anyone can start a newspaper too
    Anyone can start a television station too.

    But speech regulation exists on every platform.
    And never has a monoply like this series existed since they broke ATT&T.


    Source date (UTC): 2021-01-09 17:35:47 UTC

    Original post: https://twitter.com/i/web/status/1347960271676051458

    Reply addressees: @textualdeviance @businessinsider

    Replying to: https://twitter.com/i/web/status/1347959748050649088

  • COUNTERPOINT The question is whether the spectrum of Twitter, FB, Youtube, Googl

    COUNTERPOINT
    The question is whether the spectrum of Twitter, FB, Youtube, Google, and Amazon are now necessary infrastructure for communication and commerce and practical monopolies, and as such subject to radio, tv, cable, telecom, power, regulation.

    Yes, but for Congress…


    Source date (UTC): 2021-01-09 17:28:51 UTC

    Original post: https://twitter.com/i/web/status/1347958527738998787

    Reply addressees: @businessinsider

    Replying to: https://twitter.com/i/web/status/1347795572527407104

  • But we could then use the legal process to ban leftist content as well. a world

    But we could then use the legal process to ban leftist content as well. a world where BLM and ANTIFA can terrorize the country and conservatives are banned for WORDS is … well, evidence.


    Source date (UTC): 2021-01-09 10:33:54 UTC

    Original post: https://twitter.com/i/web/status/1347854100701077504

    Reply addressees: @Scaramucci

    Replying to: https://twitter.com/i/web/status/1347722116473483274

  • It was Regan’s appointment of Justice Scalia – a conservative catholic – where o

    It was Regan’s appointment of Justice Scalia – a conservative catholic – where one man made a difference. Bush appointed Clarence Thomas a Catholic. Bush appointed John Roberts. Trump appointed Gorsuch, Kavanaugh, and Barrett. But it was Scalia alone who restored jurisprudence. https://twitter.com/curtdoolittle/status/1347761329881415681

  • Eisenhower appointed Warren then Brennan, liberal California Democrats. Kennedy

    Eisenhower appointed Warren then Brennan, liberal California Democrats. Kennedy then appointed labor union lawyer Goldberg giving Warren a fifth vote and a liberal majority. The Warren and Brennan conspired to plan strategy: ending jurisprudence. Then Legislating from the bench.


    Source date (UTC): 2021-01-09 04:25:15 UTC

    Original post: https://twitter.com/i/web/status/1347761329881415681

  • The Origin of Bad Law

    THE ORIGIN OF BAD LAW IS JEWISH PILPUL I don’t know whether Scalia didnt know or whether he was afraid to say so, but the ‘big lies’ of ‘living constitution’, ‘interpretation’, and judicial activism, were introduced postwar Jews’ pilpul and critique, from interpreting Jewish Law. LEGAL DECIDABILITY In just a few decades, by 1980, Jewish pilpul and critique, positive law, and Jewish kritarchy, had succeeded in incrementally rewriting the constitution against the will of the people. Scalia alone is responsible for restoring scientific (textualist) law. JOHN RAWLS With his test of “the veil of ignorance” Rawls tried to extend reciprocity from its necessity in interpersonal action, cumulatively producing a normal distribution, into reciprocity in economic, social, and political producing an abnormal (equalitarian) distribution. THE 20TH CENTURY The introduction to my work explains the great failure of western civ to adapt to modernity beginning with Babbage’s failure to produce a general theory. Weber loosely understood: calculation. But the Jewish counter-revolution restored verbal sophistry instead. EUROPEANS AND OUR LEGAL ORIGINS Authority by prohibiting authority. Social Engineering by prohibiting social engineering. Forcing all into adaptive service of one another. Maximizing Self Determination and Natural Selection Transcending man into gods. EUROPEAN RULE OF LAW Creating harmony in continuous adaptation by market disharmony where every other person is both a potential competitor and customer and productivity and reciprocity necessary for survival. Our strength and weakness is resulting adaptive tolerance and trust. European common law functions as a continuous ledger of the discovery of, and incremental suppression of, irreciprocity under self-determination, sovereignty, reciprocity, and duty. Our law is scientific legal accounting, and Jewish law is only wisdom literature. STRICT CONSTRUCTION VS TEXTUAL LITERALISM Under Textualism, ‘Strict Construction’ ~means “take the text literally”. Under P-Law, which is also textual, ‘Strict Construction” means Legislative, Regulatory and Case law must be built from the first principle of self-determination, sovereignty, reciprocity, and duty. In other words, the meaning of strict construction is in P-law reflects the common-sense meaning. The legislature, State, or Court must justify (write a proof of) its authority to impose such an Act. DECIDABILITY In European Empirical Tradition Judges do not make law, they apply law and discover new applications of it. They DISCOVER applications of the law. The feedback loop was broken at modern rates of change because there is no constitutional route for forcing the legislature rule. NECESSARY REVISION OF OUR CONSTITUTION No Judge under the natural common law, may deprive legislature or people of choice by creating case law for social, political, economic, or strategic reasons, rather than applying the original intent of law to the present case before it. Natural law itself prohibits judges from that ‘THEFT’ from the commons. Judicial legislation from the bench enfeebles the legislature, which enfeebles the people, and descends into arbitrary kritarky of the jews and muslims. JUSTICE SCALIA AGREED The constitution does not define common law, dependence on natural law, or the means by which justices interpret the law, but he doesn’t want congress telling the court that. So even an amendment man not fix the ‘pilpul-ization’ of our law. SCALIA’S LIMITS However, despite Scalia’s success at restoring scientific law, despite Jewish attempts to undermine it from activism within the academy, and profession, he lacked the formal knowledge of how to explain WHY. But at least he gave us a recipe of 13 failings to fix. CAUSES OF NOW: SURVIVING THE RESTORATION AND COUNTER-REVOLUTIONS 1. Italy 1400’s: Italian-anglo classical thought restoration and Aesthetic-Cultural-Accounting Revolution 2. England 1600’s: Anglo legal-empirical restoration and Legal-Empirical-Financial-Commercial-industrial revolution 3. France 1700’s: French secular Catholic counter-revolution and Roman Total-War-State 4. Germany 1800’s German secular Protestant counter-revolution, German Secular Rational revolution, 2nd Scientific Revolution, and Failed Romantic Classical Revolution 5. Jews 1900’s Jewish Sophistry/Pseudoscientific counter-revolution, Intellectual Counter-Revolution. 6. Leading to …. The Present Revolt Do we restore western civ in the 2000’s or do we have another abrahamic dark age? THE 20th CENTURY JUDICIAL THEORISTS Kritarchy (Authority, Philosophical): Kelsen AUS(J) Pos Hartt UK(J) Pos Dworkin US(J) Pos Rawls US(P) Pos -vs- Sovereignty (Markets, Empirical): Epstein, US(J) Nat/Sci Hayek, AUS(C>A) Econ/Sci Scalia, US(C) Sci/Tech (Doolittle US(P/C>A), Sci/Tech/Econ) OUR FAILURE So we must add Kelsen-Dworkin-Hartt, to Cantor-Bohr, Boaz-Freud, Marx-Lenin, Trotsky-Strauss-Kristol, Adorno-Marcuse-Fromm, Gramsci-Derrida, Friedan-Steinem, Rand-Rothbard: The sophomoric and pseudoscientific revolution against european scientific civilization. OUR CHRISTIAN AND SECULAR WEAKNESSES Christian ethics, Abrahamic theology, and our FAILURE to articulate the science of our law and our civilization that imprison us in susceptibility to the suite of Jewish counter-revolutions against european scientific civilization. We solve that problem with our law “Conservatism is a fight against entropy premised on the recognition of a fundamental asymmetry: in one day, people can destroy what took hundreds of years to create.”- Bo Winegard Close. Conservatism(Europeanism) is a fight to preserve continuous adaptation by natural selection by self-determination by self-determined means, limiting us to sovereignty, reciprocity, duty, and adversarial markets in all walks of life. Progressivism(Abrahamic) is maladaptive: hyperconsumptive, asymmetrically reproductive, decapitalizing, devolutionary, and dysgenic. BUT XIANITY REMAINS The debate over Christianity is over. Whether you are faithful, philosophical, or scientific, Christian doesn’t matter. Christianity must be the state religion of western civilization, and our pagan and heathen religions the natural traditional religion of western civilization. We are all Christians in one way or another whether we realize it or not just as we are platonists vs realists. We are what we are not. Christianity defends against social evil, paganism against political and heathen against ethnic. Together they insure us against all evils. Christianity solves a very serious problem which is why Christian countries are wealthier per capita than the rest. The question is how can we re-nationalize it and de-globalize it, and restore european historical study. It solves problem for the people who have the problem and they can’t be converted. Replacing Christianity is just a practical impossibility and an unfair ask. I’m closest to a germanic pagan, and I’m an anti-Abrahamist, but I recognize that MY BROTHERS ARE NOT, and so loyalty is sufficient for blood. I think it is fixable without throwing out the baby with the bathwater. It is the hardest problem to solve. So there are things we must compromise on in order to worth together, and that means secular (philosophical), theological(Christian), and natural religion.

  • The Origin of Bad Law

    THE ORIGIN OF BAD LAW IS JEWISH PILPUL I don’t know whether Scalia didnt know or whether he was afraid to say so, but the ‘big lies’ of ‘living constitution’, ‘interpretation’, and judicial activism, were introduced postwar Jews’ pilpul and critique, from interpreting Jewish Law. LEGAL DECIDABILITY In just a few decades, by 1980, Jewish pilpul and critique, positive law, and Jewish kritarchy, had succeeded in incrementally rewriting the constitution against the will of the people. Scalia alone is responsible for restoring scientific (textualist) law. JOHN RAWLS With his test of “the veil of ignorance” Rawls tried to extend reciprocity from its necessity in interpersonal action, cumulatively producing a normal distribution, into reciprocity in economic, social, and political producing an abnormal (equalitarian) distribution. THE 20TH CENTURY The introduction to my work explains the great failure of western civ to adapt to modernity beginning with Babbage’s failure to produce a general theory. Weber loosely understood: calculation. But the Jewish counter-revolution restored verbal sophistry instead. EUROPEANS AND OUR LEGAL ORIGINS Authority by prohibiting authority. Social Engineering by prohibiting social engineering. Forcing all into adaptive service of one another. Maximizing Self Determination and Natural Selection Transcending man into gods. EUROPEAN RULE OF LAW Creating harmony in continuous adaptation by market disharmony where every other person is both a potential competitor and customer and productivity and reciprocity necessary for survival. Our strength and weakness is resulting adaptive tolerance and trust. European common law functions as a continuous ledger of the discovery of, and incremental suppression of, irreciprocity under self-determination, sovereignty, reciprocity, and duty. Our law is scientific legal accounting, and Jewish law is only wisdom literature. STRICT CONSTRUCTION VS TEXTUAL LITERALISM Under Textualism, ‘Strict Construction’ ~means “take the text literally”. Under P-Law, which is also textual, ‘Strict Construction” means Legislative, Regulatory and Case law must be built from the first principle of self-determination, sovereignty, reciprocity, and duty. In other words, the meaning of strict construction is in P-law reflects the common-sense meaning. The legislature, State, or Court must justify (write a proof of) its authority to impose such an Act. DECIDABILITY In European Empirical Tradition Judges do not make law, they apply law and discover new applications of it. They DISCOVER applications of the law. The feedback loop was broken at modern rates of change because there is no constitutional route for forcing the legislature rule. NECESSARY REVISION OF OUR CONSTITUTION No Judge under the natural common law, may deprive legislature or people of choice by creating case law for social, political, economic, or strategic reasons, rather than applying the original intent of law to the present case before it. Natural law itself prohibits judges from that ‘THEFT’ from the commons. Judicial legislation from the bench enfeebles the legislature, which enfeebles the people, and descends into arbitrary kritarky of the jews and muslims. JUSTICE SCALIA AGREED The constitution does not define common law, dependence on natural law, or the means by which justices interpret the law, but he doesn’t want congress telling the court that. So even an amendment man not fix the ‘pilpul-ization’ of our law. SCALIA’S LIMITS However, despite Scalia’s success at restoring scientific law, despite Jewish attempts to undermine it from activism within the academy, and profession, he lacked the formal knowledge of how to explain WHY. But at least he gave us a recipe of 13 failings to fix. CAUSES OF NOW: SURVIVING THE RESTORATION AND COUNTER-REVOLUTIONS 1. Italy 1400’s: Italian-anglo classical thought restoration and Aesthetic-Cultural-Accounting Revolution 2. England 1600’s: Anglo legal-empirical restoration and Legal-Empirical-Financial-Commercial-industrial revolution 3. France 1700’s: French secular Catholic counter-revolution and Roman Total-War-State 4. Germany 1800’s German secular Protestant counter-revolution, German Secular Rational revolution, 2nd Scientific Revolution, and Failed Romantic Classical Revolution 5. Jews 1900’s Jewish Sophistry/Pseudoscientific counter-revolution, Intellectual Counter-Revolution. 6. Leading to …. The Present Revolt Do we restore western civ in the 2000’s or do we have another abrahamic dark age? THE 20th CENTURY JUDICIAL THEORISTS Kritarchy (Authority, Philosophical): Kelsen AUS(J) Pos Hartt UK(J) Pos Dworkin US(J) Pos Rawls US(P) Pos -vs- Sovereignty (Markets, Empirical): Epstein, US(J) Nat/Sci Hayek, AUS(C>A) Econ/Sci Scalia, US(C) Sci/Tech (Doolittle US(P/C>A), Sci/Tech/Econ) OUR FAILURE So we must add Kelsen-Dworkin-Hartt, to Cantor-Bohr, Boaz-Freud, Marx-Lenin, Trotsky-Strauss-Kristol, Adorno-Marcuse-Fromm, Gramsci-Derrida, Friedan-Steinem, Rand-Rothbard: The sophomoric and pseudoscientific revolution against european scientific civilization. OUR CHRISTIAN AND SECULAR WEAKNESSES Christian ethics, Abrahamic theology, and our FAILURE to articulate the science of our law and our civilization that imprison us in susceptibility to the suite of Jewish counter-revolutions against european scientific civilization. We solve that problem with our law “Conservatism is a fight against entropy premised on the recognition of a fundamental asymmetry: in one day, people can destroy what took hundreds of years to create.”- Bo Winegard Close. Conservatism(Europeanism) is a fight to preserve continuous adaptation by natural selection by self-determination by self-determined means, limiting us to sovereignty, reciprocity, duty, and adversarial markets in all walks of life. Progressivism(Abrahamic) is maladaptive: hyperconsumptive, asymmetrically reproductive, decapitalizing, devolutionary, and dysgenic. BUT XIANITY REMAINS The debate over Christianity is over. Whether you are faithful, philosophical, or scientific, Christian doesn’t matter. Christianity must be the state religion of western civilization, and our pagan and heathen religions the natural traditional religion of western civilization. We are all Christians in one way or another whether we realize it or not just as we are platonists vs realists. We are what we are not. Christianity defends against social evil, paganism against political and heathen against ethnic. Together they insure us against all evils. Christianity solves a very serious problem which is why Christian countries are wealthier per capita than the rest. The question is how can we re-nationalize it and de-globalize it, and restore european historical study. It solves problem for the people who have the problem and they can’t be converted. Replacing Christianity is just a practical impossibility and an unfair ask. I’m closest to a germanic pagan, and I’m an anti-Abrahamist, but I recognize that MY BROTHERS ARE NOT, and so loyalty is sufficient for blood. I think it is fixable without throwing out the baby with the bathwater. It is the hardest problem to solve. So there are things we must compromise on in order to worth together, and that means secular (philosophical), theological(Christian), and natural religion.

  • You know, the constitution was put together over four months by the full-time ef

    You know, the constitution was put together over four months by the full-time effort of seventy of the greatest men of their time. At present, we have few ‘great men’ (if any) If I wanted help, Richard Epstein and Hoover/Federalist are the only resources.


    Source date (UTC): 2021-01-09 00:39:05 UTC

    Original post: https://twitter.com/i/web/status/1347704410454061057

  • SCALIA Working through his book reading the law, and he’s so close to P, but he

    SCALIA
    Working through his book reading the law, and he’s so close to P, but he lacks the technical understanding (common in his generation) of both language, logic, science, and european group strategy to propose P-Law complete reforms, for turning jurisprudence into science.


    Source date (UTC): 2021-01-08 20:05:38 UTC

    Original post: https://twitter.com/i/web/status/1347635596924231680

  • In P-Law we use ternary logic of decidability, not binary law of inference. So t

    In P-Law we use ternary logic of decidability, not binary law of inference. So to True/False and Yea/Nay we add “Undecidable”. Ergo in the case of judicial interpretation of legislation, the judge(s) can issue opinion(s) and return to the legislature for decision (clarification).


    Source date (UTC): 2021-01-08 18:23:02 UTC

    Original post: https://twitter.com/i/web/status/1347609776029622276