Sunday, January 29, 2017

It was a good night for the rule of law. "Lawyers... are the rule of law"
Lawyers, not philosophers.

The best most mature public mass action since Wisconsin.

CPB: Customs and Border Protection. Around 12AM eastern time, hours after two federal judges stayed the executive order.

The technocrats ask: Do Public Protests Matter in a Democracy? The “outside strategy” as a signal of support to judges and bureaucrats.

There is nothing "outside" politics.
Democracy is predicated on everything opposed by the Old Regime, but Modernism replaces the old authoritarianism with a new one: the structuralist, technocratic positivist focus on grammar, and on laws as objects, denies the reality of all of them as processes in time. Modern "analytic" philosophy agrees with Scalia. But -not in opinion but in fact- language is a living thing, and language and politics are synonymous. Democratic politics are predicated on acceptance of facts that monarchists fear and positivists deny.

"Lawyers... are the rule of law"

"My view of the Supreme Court is sort of like the husband in the French farce," Balkin says. "He's always the last to know."

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