Category: Politics & Law

Tetman Callis 0 Comments 5:58 am

“People’s lives today are filled with vice and the trappings of it. Ambition, greed and selfishness all have to do with vice. Sooner or later, you have to see through it or you don’t survive. We don’t see the people that vice destroys. We just see the glamour of it—everywhere we look, from billboard signs to movies, to newspapers, to magazines. We see the destruction of human life.” – Bob Dylan (interviewed by Robert Love in “Bob Dylan His Way,” 2015)

Tetman Callis 0 Comments 7:01 am

“I have no fancies about equality on board ship. It is a thing out of the question, and certainly, in the present state of mankind, not to be desired. I never knew a sailor who found fault with the orders and ranks of the service; and if I expected to pass the rest of my life before the mast, I would not wish to have the power of the captain diminished an iota. It is absolutely necessary that there should be one head and one voice, to control everything, and be responsible for everything. There are emergencies which require the instant exercise of extreme power. These emergencies do not allow of consultation; and they who would be the captain’s constituted advisers might be the very men over whom he would be called upon to exert his authority. It has been found necessary to vest in every government, even the most democratic, some extraordinary, and, at first sight, alarming powers; trusting in public opinion, and subsequent accountability to modify the exercise of them. These are provided to meet exigencies, which all hope may never occur, but which yet by possibility may occur, and if they should, and there were no power to meet them instantly, there would be an end put to the government at once. So it is with the authority of the shipmaster. It will not answer to say that he shall never do this and that thing, because it does not seem always necessary and advisable that it should be done. He has great cares and responsibilities; is answerable for everything; and is subject to emergencies which perhaps no other man exercising authority among civilized people is subject to. Let him, then, have powers commensurate with his utmost possible need; only let him be held strictly responsible for the exercise of them. Any other course would be injustice, as well as bad policy.” – Richard Henry Dana, Two Years Before the Mast

Tetman Callis 0 Comments 5:51 am

“The captain was on deck nearly the whole night, and kept the cook in the galley, with a roaring fire, to make coffee for him, which he took every few hours, and once or twice gave a little to his officers; but not a drop of anything was there for the crew. The captain, who sleeps all the daytime, and comes and goes at night as he chooses, can have his brandy and water in the cabin, and his hot coffee at the galley; while Jack, who has to stand through everything, and work in wet and cold, can have nothing to wet his lips or warm his stomach. This was a ‘temperance ship,’ and, like too many such ships, the temperance was all in the forecastle. The sailor, who only takes his one glass as it is dealt out to him, is in danger of being drunk; while the captain, who has all under his hand, and can drink as much as he chooses, and upon whose self-possession and cool judgment the lives of all depend, may be trusted with any amount, to drink at his will. Sailors will never be convinced that rum is a dangerous thing, by taking it away from them, and giving it to the officers; nor that, that temperance is their friend, which takes from them what they have always had, and gives them nothing in the place of it. By seeing it allowed to their officers, they will not be convinced that it is taken from them for their good; and by receiving nothing in its place, they will not believe that it is done in kindness. On the contrary, many of them look upon the change as a new instrument of tyranny. Not that they prefer rum. I never knew a sailor, in my life, who would not prefer a pot of hot coffee or chocolate, in a cold night, to all the rum afloat. They all say that rum only warms them for a time; yet, if they can get nothing better, they will miss what they have lost. The momentary warmth and glow from drinking it; the break and change which is made in a long, dreary watch by the mere calling all hands aft and serving of it out; and the simply having some event to look forward to, and to talk about; give it an importance and a use which no one can appreciate who has not stood his watch before the mast.” – Richard Henry Dana, Two Years Before the Mast

Tetman Callis 0 Comments 7:12 am

“Revolutions are matters of constant occurrence in California. They are got up by men who are at the foot of the ladder and in desperate circumstances, just as a new political party is started by such men in our own country. The only object, of course, is the loaves and fishes; and instead of caucusing, paragraphing, libelling, feasting, promising, and lying, as with us, they take muskets and bayonets, and seizing upon the presidio and custom-house, divide the spoils, and declare a new dynasty. As for justice, they know no law but will and fear. A Yankee, who had been naturalized, and become a Catholic, and had married in the country, was sitting in his house at the Pueblo de los Angelos, with his wife and children, when a Spaniard, with whom he had had a difficulty, entered the house, and stabbed him to the heart before them all. The murderer was seized by some Yankees who had settled there, and kept in confinement until a statement of the whole affair could be sent to the governor-general. He refused to do anything about it, and the countrymen of the murdered man, seeing no prospect of justice being administered, made known that if nothing was done, they should try the man themselves. It chanced that, at this time, there was a company of forty trappers and hunters from Kentucky, with their rifles, who had made their head-quarters at the Pueblo; and these, together with the Americans and Englishmen in the place, who were between twenty and thirty in number, took possession of the town, and waiting a reasonable time, proceeded to try the man according to the forms in their own country. A judge and jury were appointed, and he was tried, convicted, sentenced to be shot, and carried out before the town, with his eyes blindfolded. The names of all the men were then put into a hat and each one pledging himself to perform his duty, twelve names were drawn out, and the men took their stations with their rifles, and, firing at the word, laid him dead. He was decently buried, and the place was restored quietly to the proper authorities.” – Richard Henry Dana, Two Years Before the Mast

Tetman Callis 0 Comments 6:04 am

“Laws are the product of compromise, and no law pursues its purposes at all costs.” – Justice Neil Gorsuch, Luna Perez v. Sturgis Public Schools, et al. (No. 21-887, United States Supreme Court, March 21, 2023) (internal cites and quotes omitted)

Tetman Callis 0 Comments 5:59 am

“Good afternoon folks. I am Grace Lynn. I am a hundred years young. I’m here to protest our school district’s book-banning policy. My husband Robert Nichol was killed in action in World War II, at a very young age, he was only 26, defending our democracy, Constitution, and freedoms. One of the freedoms that the Nazis crushed was the freedom to read the books they banned. They stopped the free press, banned and burned books. The freedom to read, which is protected by the First Amendment, is our essential right and duty of our democracy. Even so, it is continually under attack by both the public and private groups who think they hold the truth. Banned books, and burning books, are the same. Both are done for the same reason: fear of knowledge. Fear is not freedom. Fear is not liberty. Fear is control. My husband died as a father of freedom. I am a mother of liberty. Banned books need to be proudly displayed and protected from school boards like this. Thank you very much. Thank you.” – Grace Lynn, at Martin County, Florida, school board meeting, March 21, 2023 (quoted by Brandon Gage, in AlterNet, March 22, 2023)

Tetman Callis 0 Comments 6:05 am

“It’s a foundational requirement to train on civil unrest, civil disturbance, civil disobedience nationwide. We train for that in the National Guard.” – Select Committee to Investigate the January 6th Attack on the U.S. Capitol, “Interview of General William Walker, December 13, 2021”

Tetman Callis 0 Comments 6:44 am

“A      I can see there’s a lot of lawyers in here, so it ‑‑

Q       It’s D.C., sir. You can’t swing a dead cat and not hit a lawyer.”

– Select Committee to Investigate the January 6th Attack on the U.S. Capitol, “Interview of General William Walker, December 13, 2021”

Tetman Callis 0 Comments 6:01 am

“In proportion as a society organises itself, and rises in the scale, so does a shrinkage enter the private life of each one of its members. Where there is progress, it is the result only of a more and more complete sacrifice of the individual to the general interest. Each one is compelled, first of all, to renounce his vices, which are acts of independence.” – Maurice Maeterlinck, The Life of the Bee

Tetman Callis 0 Comments 5:37 am

“It’s really, really damaging to a person to know secrets that potentially are going to kill people and then not to be able to do anything on it.” – Frances Haugen, Interview, November 22, 2021, Select Committee to Investigate the January 6th Attack on the U.S. Capitol

Tetman Callis 0 Comments 6:04 am

“A society is moving toward dangerous ground when loyalty to the truth is seen as disloyalty to some supposedly higher interest. How many times has history taught us this?” – Marilynne Robinson, “What Are We Doing Here?”

Tetman Callis 0 Comments 6:15 am

“This Republic means something. It means something to me. I’ve buried a lot of soldiers, and my dad and mom fought in World War II, relatives that fought in a lot different wars. And this country means something, and Constitution means something. And it’s bigger than us, bigger than any one of us, and we’ve got to protect it. If we don’t protect it, then God help us down the road.” – Gen. Mark A. Milley, USA, November 17, 2021

Tetman Callis 0 Comments 8:17 am

“Using words to lie destroys language. Using words to cover up lies, however subtly, destroys language. Validating incomprehensible drivel with polite reaction also destroys language. This isn’t merely a question of the prestige of the writing art or the credibility of the journalistic trade: it is about the basic survival of the public sphere.” – Masha Gessen, “The Autocrat’s Language”

Tetman Callis 0 Comments 6:10 am

“It is important not to equate literature with political protest, otherwise there is a risk of falling into inaction. Yes, the word is already a deed, but it may not be enough. Protest mobilizes people, protest has a very applied and clear pragmatic function, while literature does not have to do all that. Also, literature and its effects are more difficult to predict. Literature offers more room for individual interpretation.” – Daria Serenko, “Fighting Words” (interviewed by Jana Prikryl)

Tetman Callis 0 Comments 5:46 am

“Totalitarian regimes are hard to resist because their control of society is so all-encompassing. But by trying to influence behaviour that more liberal states ignore, or leave in the domain of private life, they politicize what had previously been unpolitical and private, and thereby increase the surface of possible opposition. If, say, listening to jazz is prohibited, a previously innocent activity becomes a sort of resistance, or at least pushes civil society into an opposition that is the precondition of organized resistance. This makes it necessary to extend the notion of resistance beyond politics. The extent to which individuals retain autonomy defines the limits of a totalitarian regime’s success in transforming civil society.” – Julian Jackson, France: The Dark Years, 1940-1944

Tetman Callis 0 Comments 6:45 am

“If we cannot help but blame others for things that are beyond their control, this may be because wretchedness is our basic condition, as inevitable as it is blameworthy, and only an ideology—such as the one that has reigned throughout modernity—that stresses our earthly perfectibility will place the wretched in the earthly purgatories of rehab clinics and ‘correctional institutions’ and psychiatric outpatient clinics, where in each case the purported goal is to purge the wretchedness right out of a person.” – Justin E. H. Smith, “A Surfeit of Black Bile”

Tetman Callis 0 Comments 5:34 am

“From the earliest times when man chose to guide his relations with fellow men by allegiance to the rule of law rather than force, he has been faced with the problem how best to deal with the individual in society who through moral conviction concluded that a law with which he was confronted was unjust and therefore must not be followed. Faced with the stark reality of injustice, men of sensitive conscience and great intellect have sometimes found only one morally justified path, and that path led them inevitably into conflict with established authority and its laws. Among philosophers and religionists throughout the ages there has been an incessant stream of discussion as to when, if at all, civil disobedience, whether by passive refusal to obey a law or by its active breach, is morally justified. However, they have been in general agreement that while in restricted circumstances a morally motivated act contrary to law may be ethically justified, the action must be non-violent and the actor must accept the penalty for his action. In other words, it is commonly conceded that the exercise of a moral judgment based upon individual standards does not carry with it legal justification or immunity from punishment for breach of the law.” – Judge Sobeloff, United States of America v. Mary Moylan

Tetman Callis 0 Comments 6:36 am

“We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.” – Judge Sobeloff, United States of America v. Mary Moylan

Tetman Callis 0 Comments 5:55 am

“An aspect of the deadlock in British and American politics today is the way in which the hinterland of the left’s assumptions remains determinatively Protestant. Indeed its subjectivism, emotionalism, restrictive puritanism, iconoclasm, and opposition to high culture owe more in the end to the Reformation than they do to the Enlightenment. These attitudes are all powerless to resist capitalism and bureaucracy, because both are profoundly promoted by the mainstream Protestant legacy. Even the radical Protestant legacy is in the end unable to think beyond individualism, sectarian isolation, and collectivism—which is but individualism dialectically inverted or else writ large.” – John Milbank, “The Politics of Paradox”

Tetman Callis 0 Comments 5:52 am

“There is a great temptation on the part of the guerrilla leader to try to take over politically and then to bargain with his outside supporters for political power. This situation may become downright embarrassing to those trying to conclude a treaty that will ensure a lasting peace.” – Commander Eugene Franklin Clark, USN, The Secrets of Inchon

Tetman Callis 0 Comments 6:28 am

“Originalism is the only approach to text that is compatible with democracy. When government-adopted texts are given a new meaning, the law is changed; and changing written law, like adopting written law in the first place, is the function of the first two branches of government—elected legislators and (in the case of authorized prescriptions by the executive branch) elected executive officials and their delegates. Allowing laws to be rewritten by judges is a radical departure from our democratic system.” – Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts (emphasis in original)

Tetman Callis 0 Comments 6:01 am

“Every word employed in the constitution is to be expounded in its plain, obvious, and common sense, unless the context furnishes some ground to control, qualify, or enlarge it. Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness or judicial research. They are instruments of a practical nature, founded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings.” – Joseph Story, Commentaries on the Constitution of the United States

Tetman Callis 0 Comments 6:08 am

“The ordinary-meaning rule is the most fundamental semantic rule of interpretation. It governs constitutions, statutes, rules, and private instruments. Interpreters should not be required to divine arcane nuances or to discover hidden meanings.” – Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts

Tetman Callis 0 Comments 6:33 am

“Law, without equity, though hard and disagreeable, is much more desirable for the public good, than equity without law: which would make every judge a legislator, and introduce most infinite confusion.” – William Blackstone, Commentaries on the Laws of England

Tetman Callis 0 Comments 5:30 am

“Judges should not be allergic to acknowledging that any one of our legal conclusions might be wrong. Judges are just humans in robes. We try to have as high a batting average as possible, but no one can get it right all of the time. All a judge can do is try his or her best to fairly, honestly, and faithfully interpret and apply the statute at issue and the relevant caselaw.” – Judge Lee P. Rudofsky, Arkansas State Conference NAACP v. The Arkansas Board of Apportionment

Tetman Callis 0 Comments 5:59 am

“But if there be no great philosophic idea, if, for the time being, mankind, instead of going through a period of growth, is going through a corresponding process of decay and decomposition from some old, fulfilled, obsolete idea, then what is the good of educating? Decay and decomposition will take their own way. It is impossible to educate for this end, impossible to teach the world how to die away from its achieved, nullified form. The autumn must take place in every individual soul, as well as in all the people, all must die, individually and socially. But education is a process of striving to a new, unanimous being, a whole organic form. But when winter has set in, when the frosts are strangling the leaves off the trees and the birds are silent knots of darkness, how can there be a unanimous movement towards a whole summer of fluorescence? There can be none of this, only submission to the death of this nature, in the winter that has come upon mankind, and a cherishing of the unknown that is unknown for many a day yet, buds that may not open till a far off season comes, when the season of death has passed away.” – D. H. Lawrence, Women in Love

Tetman Callis 0 Comments 6:47 am

“The beginning of political decency and rationality is to recognize others’ similarity in important respects to oneself; that is, to identify imaginatively. Which is what one does when reading fiction. Literature is, in this sense, practice for civic life.” – George Scialabba, “The Sealed Envelope”