Archive for November, 2020
06 Nov 2020

Why Trump Ought to Win Pennsylvania

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The democrats are busily harvesting ballots and the MSM has awarded Pennsylvania to Biden, but it’s not actually over, ’til it’s over.

Alexander Macris explains that there is a very major problem here: the democrat-controlled Pennsylvania Supreme Court went ahead and blithely violated the US Constitution, and when Donald Trump appeals and that appeal goes to the US Supreme Court, he’s got a winning argument.

In 2019, the PA legislature passed a law called Act 77 that permitted all voters to cast their ballots by mail but (in Justice Alito’s words) “unambiguously required that all mailed ballots be received by 8 p.m. on election day.” The exact text is 2019 Pa. Leg. Serv. Act 2019-77, which stated: “No absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than eight o’clock P.M. on the day of the primary or election.” I agree with Justice Alito: That is unambiguous.

Act 77 also provided that if this portion of the law was invalidated, that much of the rest of Act 77, including its liberalization of mail-in voting, would also be void. The exact text is: “Sections 1, 2, 3, 3.2, 4, 5, 5.1, 6, 7, 8, 9 and 12 of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.”

To again put this into common English, the Pennsylvania legislature passed a law that said mail-in ballots had to arrive by 8PM on election day to be counted, and then said that if the Court over-ruled that law, the entire law that permitted mail-in ballots was invalid.

In the face of this clear text, the Pennsylvania Supreme Court, by a vote of four to three, made the following decrees, summarized here by SCOTUS:

    Mailed ballots don’t need to be received by a election day. Instead, ballots can be accepted if they are postmarked on or before election day and are received within three days thereafter. Note that this is directly contravenes the text above.

    A mailed ballot with no postmark, or an illegible postmark, must be regarded as timely if it is received by that same date.

In doing so, PAs’ high court expressly acknowledged that “the statutory provision mandating receipt by election day was unambiguous” and conceded the law was “constitutional,” but still re-wrote the law because it thought it needed to do so in the face of a “natural disaster.” It justified its right to do so under the Free and Equal Elections Cause of the PA State Constitution. …

There is a strong likelihood that the State Supreme Court decision violates the Federal Constitution. Justice Alito writes: “The provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election.”

Justice Alito is referring to the following clauses of the US Constitution:

    Art. I, §4, cl. 1, which states “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

    Art. II, §1, cl. 2, which states “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

Again, translating this into common English, the US Constitution grants state legislators the exclusive right to prescribe the time, place, and manner of holding elections, and to direct the appointment of the electors.

The Pennsylvania Supreme Court didn’t just say “Act 77 is unconstitutional.” It re-wrote Act 77 itself, by judicial fiat, creating new rules for time, place, and manner, of holding elections. In doing so, the State Supreme Court violated the US Federal Constitution.

And that’s the real case here. The US Supreme Court is going to rule that the State Supreme Court violated the US Constitution, the State Supreme Court’s ruling is going to be overturned, and the votes that arrived after 8 PM on election day will be discarded. On that basis, Trump will win Pennsylvania.

RTWT

06 Nov 2020

Poseidon’s Chariot

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05 Nov 2020

Always a Threat

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05 Nov 2020

Dead Man Voting

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05 Nov 2020

Must Be the Election Officials’ Lunch

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“A poll watcher filmed highly suspicious activity at a vote-counting center in Detroit at 4 a.m., the morning after election day.In the footage, taken by Kellye SoRelle, a Texas lawyer and member of Lawyers for Trump, a person in a white van was filmed loading up a red wagon outside the ballot counting location and bringing it instead. SoRelle released the video to Texas Scorecard, because she wanted to raise “alarms that the box may have been a ballot box that arrived long after all ballots were expected to have been received at the counting facility.”

Via: Gateway Pundit.

Quite a lot of “lunch.”

05 Nov 2020

Guy Fawkes: Needed Now More Than Ever

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Guy Fawkes arrested in the cellar of Parliament with the explosives.

Remember, remember!
The fifth of November,
Gunpowder, treason, and plot;
There is no reason
Why the Gunpowder treason
Should ever be forgot!’

Early in the morning of November 5, Guy Fawkes crept, torch in hand, into the cellar beneath the House of Lords in the Palace of Westminster. In that cellar, he and his fellow conspirators had previously placed a cache of 1800 pounds ((36 barrels, or 800 kg) of gunpowder. Just as he was about to ignite the barrels, blowing himself and the House of Lords to Kingdom Come, the torch was snatched from his hand by a man named Peter Heywood.

Fawkes was arrested and taken before the privy council where he remained defiant. When asked by one of the Scottish lords what he had intended to do with so much gunpowder, Fawkes answered him, “To blow you Scotch beggars back to your own native mountains!”

So went the attempted Gunpowder Plot of 1605.

The intention of the plotters was to use the explosion, timed to coincide with the opening of Parliament, to kill King James I and eliminate much of the ruling Protestant aristocracy. They also intended to kidnap the royal children, then raise the standard of revolt in the Midlands with the object of restoring the freedom to practice Catholicism in England.

05 Nov 2020

Not Over

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04 Nov 2020

I Strongly Agree

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03 Nov 2020

Election Day

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George Caleb Bingham, The County Election, 1854, Engraving.

03 Nov 2020

Who Says Art Is a Luxury?

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02 Nov 2020

Don’t Let These People Win

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02 Nov 2020

Politics and Expert Dishonesty are Ruining Science

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Pasha Kamyshev (Pierson 2009) correctly observes that politicization of Science and arguments consisting only of appeals to credentialed authority have widely underminded respect for experts and what purports to be science.

My current view is that large numbers of fields which are considered “scientific” in the West are a complete mess and lack the essential feature of what it means to be a science in the first place. …

Big Tech has fully bought into the frame of “experts” vs “laypeople” as if experts are always “correct” and laypeople are “wrong,” (unless they are repeating a statement by the experts).

If the laypeople are “wrong,” then there has been a massive failure of education to produce correct models for people to use for home reasoning. Obviously, the default answer for many people is to simply pour more money into education. But we lack understanding of what science and science education even are. Science is meant to produce world models, and education is supposed to impart them to everyone else. Neither is doing this, really, and what we have in place of those instructions is one large uncanny valley of ever-changing statement production. …

I have heard stories of professors at Yale in one department being mad about professors in another department teaching p-hacking to students. Inter- and intra-discipline fights are common, which isn’t necessarily a bad thing as long as the overall combined output of the field is correlated with reality. However, the journalistic tendency to signal boost any paper that can have political impact amplifies some fights over others, further screwing up an already shaky system.

So right now science is losing its status among the general population. It is also losing status among those who can actually read statistics. This is both horrifying and encouraging. Without a structured way to sift actual reality into social reality, the social reality will diverge from reality, with further and further breakdown of health and sanity for society.

RTWT

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