The Auron MacIntyre Show - June 29, 2023


Binding Sovereignty | 6⧸29⧸23


Episode Stats

Length

1 hour and 4 minutes

Words per Minute

178.41212

Word Count

11,573

Sentence Count

530

Misogynist Sentences

10

Hate Speech Sentences

24


Summary

Supreme Court Strikes Down Harvard's "Racial Merit-Based Admission Program" In this episode, I discuss the ruling, what it means and what it doesn't mean, and why this ruling is a huge victory for conservatives.


Transcript

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00:00:30.000 Hey everybody, how's it going?
00:00:31.360 Thanks for joining me this afternoon.
00:00:33.320 I've got a great stream for you here.
00:00:36.080 You know, often times you plan a stream, you think about what you're going to talk about,
00:00:40.660 and then the news kind of just storms in.
00:00:43.820 That's kind of been the case today.
00:00:46.040 My stream was supposed to be primarily about an essay from Nick Land.
00:00:51.320 I'm doing my series on Nick Land and explaining some of his works.
00:00:55.560 But we just had a massive ruling from the Supreme Court on affirmative action.
00:01:01.220 And so there's a lot to say about that as well.
00:01:03.580 So I'll probably start with a few remarks on kind of the affirmative action ruling,
00:01:08.660 what it means, what it doesn't,
00:01:10.840 and then go ahead and move into the original topic of the stream.
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00:02:37.280 All right, guys.
00:02:39.600 So like I said, we had a massive ruling that came out from the Supreme Court today,
00:02:44.060 very important, which kind of struck down in some ways the Harvard practice
00:02:50.660 and the practice of many different colleges of choosing students based on their racial background,
00:02:57.440 unequally weighting people based on their racial background,
00:03:00.180 looking for specific minorities and elevating them, allowing them in with lower test scores,
00:03:06.280 lower other metrics so that they can balance the student population to kind of engineer it
00:03:12.840 for whatever mix they think is optimal or deserve.
00:03:17.160 This came at the heels of, you know, the fact that many different Asian students
00:03:21.760 and white students were denied entry to colleges despite having excellent test scores,
00:03:26.500 having higher merit because of their race, because they didn't fall into one of the groups
00:03:32.480 that was favored by this outcome.
00:03:35.480 Now, obviously, affirmative action has been a big part of America for a long time,
00:03:40.740 and this means that these rulings could have trickle-down effects, not just at the college level,
00:03:46.520 but down to businesses and other organizations that also still use affirmative action.
00:03:52.780 Now, we'll get into what this means.
00:03:56.640 This is a victory, just to be clear.
00:03:59.300 At the outset, we'll say this is a good thing, this is an important thing,
00:04:02.800 this is a victory for the right for conservatives, this ruling matters.
00:04:07.180 So I don't want to say that it doesn't, I don't want to kind of be Debbie Downer on this,
00:04:11.820 this is a big deal, it opens up a lot of avenues.
00:04:15.940 But there is a mistake that some people make,
00:04:18.300 we're seeing kind of a mix of it online right now as people react to this ruling,
00:04:23.720 there is a mistake that a lot of conservatives make where they see something like an election win,
00:04:28.740 they see a Supreme Court ruling,
00:04:31.460 they see a piece of legislation happen,
00:04:34.440 and they think that's the end.
00:04:35.540 They think, okay, I've secured the victory,
00:04:37.460 this was the whole point, this was the objective,
00:04:40.040 and once that's done, the game is over,
00:04:41.900 I can go back to grilling or whatever, right?
00:04:43.940 I don't have to worry about this anymore.
00:04:46.140 But that's not the case.
00:04:47.620 These battles are not won just as soon as you pass one piece of legislation
00:04:52.620 or you get one Supreme Court ruling,
00:04:54.740 because oftentimes these things do not enforce themselves.
00:04:58.120 In fact, as many people have pointed out in this ruling,
00:05:01.420 there seems to already be a loophole in that it says
00:05:04.780 that the colleges are still allowed to look at the racial background of the person
00:05:10.440 if they reference it, if they claim this as part of their character.
00:05:13.800 Okay, so I'm not allowed to preference you and your SAT scores
00:05:18.180 just because you happen to be Black or Latino or something else
00:05:22.880 that the college is looking to add more to to create more diversity.
00:05:27.360 But if you reference this as something you overcame,
00:05:30.700 okay, well, my background in this neighborhood
00:05:33.020 or because of my race disadvantaged me
00:05:35.800 and this is something that I overcome,
00:05:37.500 I can give that extra weight.
00:05:39.060 And that matters because many colleges already saw this coming.
00:05:43.320 They already knew that this ruling was very likely to occur
00:05:46.540 given the disposition of the current court.
00:05:48.900 And so they've been looking to pivot away from things like SAT or ACT scores
00:05:54.000 that might provide a more objective understanding of a student's ability
00:05:58.420 to kind of deal with the information,
00:06:00.800 to deal with the subject matter that they're going to be looking at,
00:06:05.000 instead have been looking at more subjective things like essays
00:06:08.920 that will allow the college to instead kind of weasel in
00:06:14.700 something that's harder for different enforcement agencies to hold down.
00:06:18.800 The thing about SAT scores and ACT scores is they're hard numbers.
00:06:22.400 You can argue about whether they're legitimate or not.
00:06:24.840 You can argue about the value of the test,
00:06:27.520 but they are quantifiable numbers.
00:06:29.520 They can be put on a spreadsheet.
00:06:31.020 They can be accessed over different demographics.
00:06:33.780 And that makes it a lot easier for people who would attempt to sue,
00:06:38.340 who would attempt to bring action for different enforcement agencies
00:06:41.540 to look at hard data and say,
00:06:43.320 okay, obviously you are preferencing one group over another.
00:06:46.760 We have the numbers to prove it.
00:06:48.180 When you do it with an essay, you can always just say,
00:06:51.520 oh, well, these students are just disproportionately writing
00:06:53.940 more impressive essays.
00:06:55.580 They are overcoming these things,
00:06:57.260 and that's what we're looking at.
00:06:59.640 And so there's this amount of weaselness in there.
00:07:02.160 Now, the thing is that the Supreme Court ruling also said explicitly
00:07:06.500 that these universities are not allowed to use essays
00:07:11.320 to try to circumvent the ruling,
00:07:13.780 that they're not allowed to kind of basically re-implement
00:07:16.140 this regime of racial preference
00:07:18.840 by using an essay-based system
00:07:22.580 as opposed to something like the SAT or ACT.
00:07:25.640 But it seems like schools like Harvard
00:07:27.900 don't really think that's going to be the case.
00:07:29.640 In fact, Harvard already issued right away
00:07:32.940 a response, a reaction to this saying,
00:07:36.920 oh, we'll comply with the ruling,
00:07:38.840 and immediately then pointed to the loophole in the ruling
00:07:41.560 where it said it could consider the ability of students
00:07:44.380 to overcome challenges connected to their race.
00:07:48.560 And so they're already pointing to saying,
00:07:51.300 hey, we already see this loophole,
00:07:52.800 we already plan to exploit it,
00:07:54.280 and there's nothing that you can do about it.
00:07:56.900 Now, there is something that conservatives can do about this,
00:08:00.240 and this is going to be the real test
00:08:01.980 of whether this ruling matters,
00:08:03.980 is they can follow up with lawfare.
00:08:06.880 Like I said, the main problem
00:08:08.600 that most conservatives have
00:08:10.840 when they see this kind of victory
00:08:12.100 is they say, okay, we got the ruling we wanted,
00:08:14.560 we got the law we wanted,
00:08:15.960 we got the election we wanted,
00:08:17.520 and now we're done,
00:08:18.640 and we can just go back and do our thing.
00:08:20.720 We don't have to worry about this anymore.
00:08:22.060 There's no follow-through.
00:08:23.840 There's no dogged pursuit
00:08:25.580 of this ruling actually being enforced.
00:08:29.100 And that allows the left,
00:08:30.880 that allows progressives
00:08:31.940 to start manipulating this procedural outcome,
00:08:35.420 to hide the ball,
00:08:37.600 and just kind of bury the victory
00:08:39.440 kind of under all this procedure
00:08:41.140 and continue to do things
00:08:43.020 the way that they were doing them before.
00:08:45.500 And so the real question is going to be,
00:08:48.040 will conservatives,
00:08:49.140 will the GOP have the fortitude
00:08:51.780 and the kind of the dedication
00:08:53.920 to chase this down?
00:08:56.260 Are tons of lawsuits going to get filed?
00:08:58.860 Are different state legislatures
00:09:00.740 going to start directly outlawing
00:09:03.160 affirmative action on the state level?
00:09:05.660 Will attorney generals,
00:09:08.200 will the Department of Justice,
00:09:09.720 I mean, obviously not this Department of Justice,
00:09:11.600 they won't do anything,
00:09:12.760 but in theory,
00:09:13.660 let's say we get a Trump Department of Justice
00:09:15.460 or a DeSantis Department of Justice,
00:09:17.900 will they actually chase this down?
00:09:20.940 Will prosecutors make these cases
00:09:23.040 to make sure that this stuff gets enforced?
00:09:26.460 And that's kind of concerning
00:09:27.740 because I think that there's still the case
00:09:29.980 that kind of most conservatives are still,
00:09:32.600 you know, that they don't like the idea
00:09:33.920 that affirmative action is on the books,
00:09:36.100 but there will be a very real effect.
00:09:38.820 I mean, the left is correct about this.
00:09:41.140 The number of minorities attending colleges
00:09:43.500 was artificially inflated on purpose
00:09:45.720 by affirmative action.
00:09:46.680 And that's explicitly its goal
00:09:48.260 was to do that, right?
00:09:49.980 And so those numbers will go down
00:09:53.020 if this new standard is actually applied,
00:09:56.840 if this case is actually properly applied,
00:09:59.020 if this ruling is enforced.
00:10:00.980 And the question is,
00:10:01.920 will conservatives be comfortable with that?
00:10:04.520 Will kind of the reality
00:10:06.100 of what this means setting in
00:10:08.980 kind of temper their interest
00:10:11.320 in actually pursuing its enforcement?
00:10:13.560 And if the answer to that is yes,
00:10:15.860 and the answer is unfortunately probably yes,
00:10:18.340 then the ruling won't account to much.
00:10:20.580 There's also, of course,
00:10:21.760 the fact that affirmative action in colleges,
00:10:25.260 while very important,
00:10:26.340 is not the whole story.
00:10:27.340 I mean, the college one matters
00:10:28.600 really significantly
00:10:29.720 because especially these Ivy League schools
00:10:31.560 are obviously the gateways
00:10:33.620 to kind of social status
00:10:36.000 in the United States.
00:10:37.220 They provide that ability
00:10:39.400 to climb the ladder.
00:10:40.320 They provide the credentials necessary
00:10:42.300 and the networking capacity necessary
00:10:44.620 to kind of enter the halls of power
00:10:46.760 and become a ruling elite.
00:10:48.440 It's not about whether people at Harvard or Yale
00:10:50.660 are actually smarter.
00:10:52.360 In fact, many of them
00:10:53.440 are just learning complete bunk at this point, right?
00:10:56.200 The university is in many ways
00:10:57.600 not teaching them anything of value
00:10:59.600 to actually do their job.
00:11:01.740 But what it does
00:11:02.920 is confer a particular status,
00:11:04.760 a particular credential,
00:11:06.300 a particular kind of gold card
00:11:08.320 that gets you into a certain level
00:11:10.980 of elite competency.
00:11:13.700 And so the ability of different people
00:11:16.440 to go through that really matters.
00:11:18.940 And when you have a certain social class
00:11:21.760 that is locked out of it
00:11:23.380 or artificially elevated into it,
00:11:25.640 then that shapes your ruling class,
00:11:27.760 especially if people who are elevated
00:11:29.760 are beholden to a particular political party
00:11:32.820 that's going to shape the way
00:11:34.260 that your voting works,
00:11:35.780 that's going to shape the way
00:11:36.800 that your decisions get made.
00:11:38.940 And so this getting struck down
00:11:40.320 at the college level definitely matters.
00:11:42.460 Now, more important would be
00:11:43.540 to actually get rid
00:11:44.700 of kind of college in general
00:11:47.180 as the active thing
00:11:49.180 that gives that credential, right?
00:11:52.440 That gives, that confers that status.
00:11:54.500 The college itself is kind of a problem.
00:11:57.240 It's not kind of a problem.
00:11:58.300 It's a huge problem.
00:11:59.740 And conservatives are certainly thinking
00:12:01.760 about how to solve that.
00:12:02.880 At least now I've seen obviously big movement on that
00:12:06.060 with especially people like Chris Rufo.
00:12:08.000 And so there is an understanding of that issue,
00:12:11.300 but the reality is college isn't going away tomorrow.
00:12:15.000 They're not going to seize the endowments
00:12:16.460 and raise the properties to the ground anytime soon.
00:12:21.800 And so that means that who goes there
00:12:24.520 does make a big difference.
00:12:26.600 So this ruling, again, is a victory
00:12:28.560 and it does offer this opportunity of lawfare.
00:12:32.880 It does create a situation
00:12:34.920 where there is a legal basis
00:12:37.040 to continually harass these institutions
00:12:40.920 on what will very likely be
00:12:42.940 their continued interest
00:12:45.680 in using affirmative action.
00:12:48.100 They'll probably continue
00:12:49.420 to implement affirmative action
00:12:50.840 without any hesitation.
00:12:52.900 And the question is,
00:12:53.720 will conservatives bring those cases?
00:12:55.940 Because if they do,
00:12:57.240 if they are relentless
00:12:58.240 about pursuing the legal action
00:13:00.900 that is now open to them
00:13:02.160 under the Supreme Court ruling,
00:13:04.040 if you can get district attorneys
00:13:06.160 and attorneys general,
00:13:08.280 if you can get the Department of Justice,
00:13:09.960 if you can get people working on this
00:13:12.520 and pushing on this,
00:13:13.800 there could be change made.
00:13:15.220 There's now that legal option
00:13:16.520 to kind of gum up the works.
00:13:18.260 It won't happen overnight.
00:13:19.460 This isn't going to change the world.
00:13:21.120 This isn't going to set everything
00:13:22.180 right right away.
00:13:23.060 But that opportunity still exists.
00:13:25.680 I'm hesitant about the ability
00:13:27.980 of conservatives to stick to this,
00:13:29.840 of Republican politicians
00:13:31.220 and their willingness
00:13:32.340 to really pursue this.
00:13:34.020 But at least that avenue exists.
00:13:36.200 And that is important.
00:13:37.060 The ruling is a win.
00:13:39.020 Of course, there are other essential rulings
00:13:41.800 that need to happen.
00:13:43.120 You know, there's still things like Griggs
00:13:47.240 or Griggs v. Duke Power,
00:13:49.700 which created this test
00:13:51.660 of disparate impact.
00:13:53.380 A disparate impact is an insane law,
00:13:55.520 but basically says it's illegal
00:13:56.740 to ignore race.
00:13:57.620 You have to, you know,
00:13:58.980 the conservative ideal
00:14:00.320 of race-playing society
00:14:02.200 is literally illegal
00:14:03.420 under our current
00:14:04.300 civil rights framework.
00:14:05.680 And you have to, at all times,
00:14:07.940 be aware of kind of what you're doing
00:14:10.400 and how it's impacting
00:14:11.300 different races.
00:14:11.960 And if there's any disparate impact,
00:14:13.700 if there's any different outcome
00:14:15.660 that happens under, you know,
00:14:17.660 under a regime,
00:14:18.740 under a test, under anything,
00:14:20.080 and it can be shown
00:14:21.880 that it's unequal due to race,
00:14:23.680 then all of a sudden
00:14:24.840 you're in a scenario
00:14:25.820 where you're violating
00:14:27.640 civil rights law.
00:14:28.920 And so this is a kind of one step
00:14:31.900 in a much longer
00:14:33.040 and more complicated process
00:14:34.700 that would have to take place.
00:14:36.380 But again, it is a win.
00:14:38.260 You need to take your Ws
00:14:39.360 where they are.
00:14:40.900 And, you know,
00:14:41.500 so it's fine to celebrate this.
00:14:42.980 It's fine to support this.
00:14:44.580 It's just the only thing
00:14:45.580 you want to avoid
00:14:46.280 is the idea that this
00:14:47.440 simply grants
00:14:48.580 some magical wand
00:14:50.320 that now solves
00:14:51.740 all of these problems
00:14:52.740 that gets rid
00:14:54.080 of kind of the civil rights,
00:14:55.900 you know, regime
00:14:57.300 and gets rid
00:14:58.440 of the desire
00:15:00.460 to kind of hold down
00:15:01.340 one group
00:15:01.940 to elevate another.
00:15:03.540 These things will continue.
00:15:05.720 The universities will continue
00:15:07.260 to do this.
00:15:08.960 But at least now
00:15:09.700 there is a legal weapon
00:15:11.640 available to those
00:15:12.860 who want to push back against it.
00:15:14.460 And that's certainly
00:15:15.220 something that's very good
00:15:16.860 that's good to celebrate.
00:15:18.960 So I'm sure
00:15:20.360 that a lot of people
00:15:21.540 will have,
00:15:22.040 I can already see
00:15:22.720 some super chats
00:15:23.460 popping up around this.
00:15:24.820 So that's probably
00:15:25.400 not going to be
00:15:25.800 the end of the discussion
00:15:26.700 on affirmative action.
00:15:27.800 But I'll just put that
00:15:28.920 at the beginning here
00:15:30.120 so you can comment on it
00:15:31.980 because I did have
00:15:33.140 a whole nother talk
00:15:33.980 that I wanted to get into.
00:15:35.820 So we'll go ahead
00:15:37.380 and dive into Nick Land
00:15:39.200 and the problem
00:15:40.880 of binding
00:15:41.600 political sovereignty now.
00:15:43.880 And we'll probably
00:15:44.620 come back to
00:15:45.800 the Supreme Court ruling
00:15:47.140 and affirmative action
00:15:48.180 here in just a minute.
00:15:49.400 So let's go ahead
00:15:50.500 and look at our essay
00:15:52.340 for today from Nick Land
00:15:54.200 called the Odysseus problem.
00:15:55.800 Now, this comes from
00:15:57.440 Nick Land's
00:15:59.020 Xenosystems blog.
00:16:00.500 This is from
00:16:00.940 the Xenosystems fragments.
00:16:02.880 Again, for many people
00:16:04.000 who find Land
00:16:04.940 difficult to understand,
00:16:06.540 they find his language
00:16:07.560 complicated
00:16:08.180 or it obfuscates
00:16:09.840 too much.
00:16:10.580 You know,
00:16:11.440 I understand that.
00:16:12.460 The good news is that
00:16:13.400 the Xenosystems stuff
00:16:14.700 is very short.
00:16:16.300 While it might still
00:16:17.240 be dense in some ways,
00:16:19.120 it might still be
00:16:19.800 complicated in certain ways,
00:16:21.280 most of these
00:16:22.200 are only a page or two.
00:16:23.560 You know, very, very rare
00:16:25.120 that they go beyond
00:16:26.220 four or five pages.
00:16:27.820 And so they're bite-sized.
00:16:29.360 That doesn't mean
00:16:29.920 that there isn't a lot there,
00:16:31.460 that it can't be
00:16:31.960 a little complicated
00:16:32.700 to get through.
00:16:33.660 But at least it's short
00:16:34.620 enough for you
00:16:35.180 to kind of read a page,
00:16:37.060 think about it,
00:16:38.000 and break it down.
00:16:39.200 Now, this one, I think,
00:16:40.040 is actually pretty easy
00:16:41.120 to understand in general.
00:16:42.440 So we're going to have
00:16:43.340 a little easier time
00:16:44.080 with this one.
00:16:44.720 But I still think
00:16:45.240 it's a very valuable essay.
00:16:47.140 Now, the other thing
00:16:47.760 about Xenosystems
00:16:48.840 is that Land
00:16:50.080 is usually responding
00:16:52.380 to people in it.
00:16:53.520 Some of these essays
00:16:54.540 are just him thinking
00:16:55.800 about problems by himself.
00:16:57.740 But oftentimes,
00:16:58.760 he's responding to the people.
00:17:00.360 Oftentimes, it's
00:17:01.340 Menchus Mulbug,
00:17:02.680 Curtis Yarvin,
00:17:03.620 but it's other thinkers
00:17:04.600 in kind of that
00:17:05.440 neoreactionary sphere as well.
00:17:08.160 And so one thing
00:17:08.780 that can be confusing
00:17:10.040 about the Xenosystems stuff
00:17:12.120 is he'll just reference things
00:17:13.700 as if he assumes
00:17:14.760 that the reader knows them
00:17:16.160 or he doesn't care
00:17:17.620 whether the reader
00:17:18.180 knows them or not.
00:17:19.320 And so that can be
00:17:20.000 a little confusing
00:17:20.660 because if you're not familiar
00:17:22.520 with the other works,
00:17:23.620 if you're not familiar
00:17:24.540 with kind of the dialogue
00:17:26.000 that was going on
00:17:26.980 during that time,
00:17:28.020 it can be easy
00:17:28.560 to get lost in some of that.
00:17:29.760 So they do take
00:17:30.440 a little bit of effort
00:17:31.280 in that you kind of have
00:17:32.740 to take a little bit of time
00:17:34.420 and review them,
00:17:35.660 look at how these things
00:17:36.700 are connected.
00:17:37.840 Or you can just listen
00:17:38.840 to a guy like me
00:17:39.560 and I'll kind of explain it.
00:17:41.140 But these are
00:17:42.180 a decent place to start,
00:17:43.520 even though they're
00:17:44.080 a little disjointed.
00:17:45.220 If you want to get
00:17:45.940 bite-sized chunks
00:17:47.320 of Nick Land,
00:17:48.160 that'll be a little easier
00:17:49.180 to look through.
00:17:50.660 So that said,
00:17:51.600 let's go ahead
00:17:52.220 and jump into the essay here
00:17:54.740 and see what he has to say.
00:17:57.800 Moldbug's insistence
00:17:58.880 that sovereignty is conserved
00:18:01.080 surely counts
00:18:02.040 as one of the most
00:18:02.740 significant assertions
00:18:03.920 in the history
00:18:04.460 of political thought
00:18:05.400 is arguably
00:18:06.480 the fundamental axiom
00:18:08.560 of his system.
00:18:10.340 And its implications
00:18:11.000 are almost inestimably,
00:18:13.060 inestimably,
00:18:14.540 I can say this,
00:18:16.020 inestimably profound.
00:18:17.880 Be careful about reading
00:18:18.700 complicated things
00:18:19.560 on live streams, guys.
00:18:20.540 Okay, so
00:18:21.220 that's a lot of
00:18:23.800 high praise
00:18:24.740 of Curtis Yarvin
00:18:26.100 here by Nick Land.
00:18:27.680 And I gotta say,
00:18:28.960 in this case,
00:18:29.680 I think it's
00:18:30.660 pretty well warranted.
00:18:32.560 Sovereignty is conserved
00:18:33.640 is one of Moldbug's
00:18:35.500 kind of most important
00:18:36.600 things
00:18:37.180 to think about.
00:18:38.600 It's one of those things
00:18:39.420 that I struggled with
00:18:40.740 when I first started
00:18:41.980 reading Moldbug.
00:18:42.880 look, I had a lot of
00:18:43.940 problem kind of
00:18:44.900 wrapping my soft
00:18:47.540 talk radio
00:18:49.200 conservative
00:18:50.040 brain
00:18:51.520 kind of around
00:18:52.660 this concept
00:18:53.500 when I first
00:18:54.300 encountered it.
00:18:55.600 So it's one of
00:18:56.480 some significance.
00:18:59.080 Sovereignty is
00:19:00.000 conserved.
00:19:00.720 What does that mean?
00:19:01.440 It means
00:19:02.220 that you cannot
00:19:03.360 throw the ring
00:19:04.600 into Mount Doom.
00:19:06.360 Right?
00:19:06.620 This is always
00:19:07.300 the libertarian
00:19:08.280 desire.
00:19:09.280 And Moldbug,
00:19:09.980 Curtis Yarvin,
00:19:10.640 coming from a
00:19:12.160 libertarian background
00:19:15.000 is very familiar
00:19:16.940 with this desire.
00:19:18.280 Right?
00:19:18.640 Get rid of power.
00:19:20.440 That's the key.
00:19:21.200 You just get rid
00:19:21.760 of state power
00:19:22.480 and then you don't
00:19:23.100 have to worry
00:19:23.580 about it anymore.
00:19:24.340 You shrink the size
00:19:25.380 of the state
00:19:25.820 or you eliminate
00:19:26.720 the state
00:19:27.240 and then the state
00:19:28.100 is no longer
00:19:29.140 a problem.
00:19:30.700 But Yarvin's
00:19:31.640 point is that
00:19:33.000 sovereignty cannot
00:19:34.120 be destroyed.
00:19:35.680 You cannot
00:19:36.180 throw the ring
00:19:37.560 of power
00:19:39.080 into Mount Doom.
00:19:40.220 The only question
00:19:41.020 is who will
00:19:42.260 wield the ring
00:19:43.060 of power.
00:19:44.200 And so because
00:19:44.820 of that,
00:19:45.780 we don't have
00:19:46.780 a question of
00:19:47.460 should sovereignty
00:19:48.500 exist,
00:19:50.160 but rather
00:19:50.780 who will wield
00:19:52.200 it and how
00:19:52.800 will it be wielded,
00:19:54.360 which is difficult
00:19:55.540 for a lot of
00:19:56.280 Americans because
00:19:57.100 we're under the
00:19:57.860 impression,
00:19:58.360 you know,
00:19:58.480 we kind of have
00:19:59.180 this story
00:19:59.760 that sovereignty
00:20:00.780 is bound
00:20:01.720 by the Constitution,
00:20:03.260 right?
00:20:03.460 That's the big idea
00:20:04.780 is you get
00:20:06.220 a fancy
00:20:07.220 constitutional apparatus
00:20:09.000 and you can
00:20:10.300 control sovereignty
00:20:11.680 or you can give
00:20:12.780 it to the people,
00:20:13.380 right?
00:20:13.640 Popular sovereignty.
00:20:15.720 We're going to
00:20:16.240 look a little more
00:20:16.960 into this essay
00:20:18.340 to get a better
00:20:18.860 idea of kind of
00:20:19.560 what his rejection
00:20:21.500 is of those
00:20:22.460 kind of ideas,
00:20:24.240 but that's kind
00:20:25.180 of the basic idea
00:20:26.060 that sovereignty
00:20:26.820 is conserved.
00:20:27.840 You can't get
00:20:28.800 rid of it.
00:20:29.200 It's always
00:20:29.700 going to be
00:20:30.320 around.
00:20:31.360 So sovereignty
00:20:31.860 is conserved,
00:20:33.120 says that anything
00:20:34.040 that appears
00:20:34.720 to bind sovereignty
00:20:35.580 is itself,
00:20:37.240 in reality,
00:20:38.360 true sovereignty.
00:20:39.780 Binding something
00:20:41.460 else and something
00:20:42.980 less is therefore
00:20:44.320 a negative answer
00:20:45.680 to the Odysseus
00:20:47.080 problem.
00:20:48.200 So what's the
00:20:49.260 Odysseus problem?
00:20:50.120 The Odysseus problem
00:20:50.840 is the problem of,
00:20:52.240 you know,
00:20:52.360 Odysseus is this
00:20:53.160 king, right?
00:20:53.700 And he's traveling
00:20:54.660 back after the
00:20:56.860 Iliad, after the
00:20:58.140 battle in Troy.
00:20:59.580 And one of the
00:21:00.380 many adventures is
00:21:02.260 the Song of the
00:21:03.200 Sirens, right?
00:21:04.340 And he's got this
00:21:04.980 problem.
00:21:05.340 He wants to hear
00:21:06.020 the Song of the
00:21:06.740 Sirens, but if he
00:21:08.380 does, then he goes
00:21:10.020 mad and, you know,
00:21:11.120 takes the ship
00:21:11.780 into the rocks.
00:21:13.080 And so he's a
00:21:14.080 king.
00:21:15.040 You know, his men
00:21:16.780 listen to his
00:21:17.660 orders, right?
00:21:19.440 And so he
00:21:20.700 recognizes that if
00:21:21.780 he hears this
00:21:22.680 Sirens song, that
00:21:24.600 he is going to
00:21:25.780 demand that the
00:21:27.960 sailors take them
00:21:29.040 into the Sirens.
00:21:32.340 And so to stop
00:21:33.420 this, he gets
00:21:34.280 lashed to the,
00:21:35.860 you know, kind of
00:21:36.480 the mast of the
00:21:37.280 boat, and the
00:21:38.340 sailors get the
00:21:39.340 order that no
00:21:40.000 matter what he
00:21:40.640 says until they're
00:21:42.100 done, they're not
00:21:43.320 allowed to free him.
00:21:44.420 So you're binding
00:21:45.020 the sovereign, right?
00:21:46.120 You're binding the
00:21:46.760 king to the mast of
00:21:47.660 the ship.
00:21:48.020 So they can't
00:21:49.000 take the ship
00:21:49.580 off course.
00:21:50.580 And the sailors
00:21:51.400 put beeswax in
00:21:52.360 their ears, and
00:21:53.000 you guys are
00:21:53.460 probably very
00:21:53.940 familiar with the
00:21:54.540 story.
00:21:55.060 But the problem
00:21:55.440 is, like, how
00:21:55.980 do we bind
00:21:56.560 sovereignty, right?
00:21:57.820 And for many
00:21:59.640 people, the answer
00:22:00.640 is, well, you
00:22:00.940 get a constitution,
00:22:02.220 checks and
00:22:02.660 balances, blah,
00:22:03.620 blah, blah.
00:22:04.380 But his point, the
00:22:05.920 point that Moldbug
00:22:06.860 and now Yarvin is
00:22:08.300 making, is that if
00:22:11.000 there is something
00:22:11.580 binding sovereignty,
00:22:12.920 then that is
00:22:13.720 what's actually in
00:22:15.280 charge, right?
00:22:16.180 So, for instance,
00:22:17.500 the media is
00:22:19.840 supposed to be a
00:22:20.420 check on
00:22:21.260 government power,
00:22:22.340 right?
00:22:22.920 The media is
00:22:23.640 going to keep the
00:22:24.600 government, you
00:22:25.860 know, honest because
00:22:26.800 it can always inform
00:22:28.420 the public, and the
00:22:29.220 public has popular
00:22:31.160 sovereignty, right?
00:22:32.000 That's where the
00:22:32.500 sovereignty actually
00:22:33.420 lies.
00:22:34.060 So how do you
00:22:34.620 control government
00:22:35.200 power?
00:22:35.700 Will you give the
00:22:36.800 power to kind of
00:22:37.820 get rid of the
00:22:38.620 government to the
00:22:39.200 people?
00:22:39.700 And then you have
00:22:40.460 the media, you
00:22:41.700 know, it's got the
00:22:42.320 duty of informing the
00:22:44.400 public of what
00:22:45.040 happens with the
00:22:45.700 government, because
00:22:46.100 there's no way
00:22:46.500 every individual
00:22:47.060 person is ever
00:22:48.160 going to be able
00:22:48.600 to pay attention
00:22:49.400 to everything that
00:22:49.900 happens in the
00:22:50.320 government, and
00:22:51.120 then they will
00:22:51.880 bind sovereignty,
00:22:53.000 right?
00:22:53.280 They will bind it
00:22:54.100 by having the
00:22:55.340 media hold the
00:22:56.080 government accountable
00:22:56.700 to the people, and
00:22:58.440 then the people will
00:22:59.060 hold the government
00:22:59.620 accountable in
00:23:00.180 elections.
00:23:01.040 Of course, what do
00:23:01.740 we know?
00:23:02.440 Actually, that ends
00:23:03.520 up with a media-run
00:23:04.340 state.
00:23:05.940 That's what we have
00:23:06.700 in America, because
00:23:07.840 the key to controlling
00:23:09.560 power in America is
00:23:11.220 controlling what
00:23:11.740 people think.
00:23:12.380 If the people are
00:23:13.180 sovereign, if the
00:23:14.600 people are supposed
00:23:15.560 to theoretically be
00:23:16.820 in charge, then
00:23:18.200 what's the best way
00:23:19.480 as a ruling elite to
00:23:20.760 stay in charge?
00:23:21.460 Well, to control what
00:23:22.340 people think, to
00:23:23.200 control how they
00:23:24.040 vote.
00:23:24.980 And so, instead of
00:23:26.260 the media and the
00:23:27.200 people becoming,
00:23:28.980 you know, controlling
00:23:30.200 sovereignty, what
00:23:31.520 happens is instead the
00:23:33.320 media becomes what is
00:23:34.520 actually sovereign.
00:23:35.580 The story that is
00:23:36.580 produced is what
00:23:38.220 becomes actually
00:23:39.340 sovereign, because if
00:23:40.560 something is
00:23:41.180 restraining sovereignty,
00:23:42.320 then it is the
00:23:43.760 actual sovereign.
00:23:45.500 If there's something
00:23:46.100 that overrules you,
00:23:48.500 then you are not
00:23:49.340 sovereign, because
00:23:50.500 what sovereign means
00:23:51.380 is absolute power.
00:23:52.660 It's complete power.
00:23:54.000 And so, if there's
00:23:55.160 something that checks
00:23:56.240 your power, if
00:23:57.560 there's something that
00:23:58.500 controls your power
00:23:59.540 and wields it on a
00:24:01.140 regular basis to
00:24:01.900 control you, then
00:24:03.080 you are not actually
00:24:04.380 sovereign.
00:24:04.880 There's something above
00:24:05.580 you.
00:24:06.140 And so, whatever is
00:24:06.960 sovereign over you is
00:24:09.460 the real ruler, right?
00:24:10.820 So, that's what they're
00:24:11.680 talking about here, when
00:24:13.180 it says sovereignty is
00:24:14.200 conserved, and if
00:24:15.380 there's something
00:24:15.840 binding sovereignty, then
00:24:17.460 that thing is the
00:24:18.200 actual sovereign.
00:24:20.000 So, continuing with
00:24:21.480 Land's essay here.
00:24:22.560 Can sovereignty
00:24:23.400 bind itself?
00:24:24.820 If Moldbuck's
00:24:25.640 assertion is accepted,
00:24:27.200 constitutional government
00:24:28.060 is impossible, except
00:24:29.720 as a futile aspiration,
00:24:32.680 a noble lie, or a
00:24:34.220 cynical joke.
00:24:35.220 So, here I'm actually
00:24:36.880 going to disagree
00:24:37.420 slightly with land and
00:24:39.380 probably Moldbug to
00:24:42.180 some extent, right?
00:24:43.520 So, I wouldn't say
00:24:44.900 that constitutional
00:24:45.900 government is
00:24:46.780 impossible.
00:24:47.860 I wouldn't say that
00:24:48.480 it's a lie entirely.
00:24:50.760 However, I would say
00:24:51.980 that our understanding
00:24:53.080 of constitutional
00:24:53.840 government is a real
00:24:54.920 problem.
00:24:56.040 So, if you look at
00:24:57.500 people, say, like
00:24:59.520 Joseph DeMaestra or
00:25:01.240 Carl Schmitt, and by
00:25:03.060 the way, these two
00:25:03.640 guys are pretty well
00:25:04.620 linked, in many ways,
00:25:05.460 Carl Schmitt is kind
00:25:06.360 of the secularization
00:25:07.460 of many of the things
00:25:09.000 that Joseph DeMaestra
00:25:09.960 said.
00:25:10.760 A lot of us end up
00:25:12.080 referencing Schmitt
00:25:13.300 more often because
00:25:14.360 he's a little more
00:25:15.700 to the quick, he's a
00:25:17.020 little more concise
00:25:17.760 with his words, and
00:25:18.400 he's a little more
00:25:18.820 modern, and the fact
00:25:20.120 that he's also more
00:25:21.200 secular speaks to a
00:25:23.180 lot of people who
00:25:24.020 aren't as religious,
00:25:25.420 where, you know,
00:25:25.960 Joseph DeMaestra just
00:25:26.900 immediately invokes the
00:25:28.240 power of God and the
00:25:29.140 Pope.
00:25:30.220 You know, Schmitt is a
00:25:31.080 little more and more
00:25:31.660 secular.
00:25:32.480 However, they are both
00:25:33.320 working inside of this
00:25:34.320 framework of what would
00:25:35.460 eventually be called the
00:25:36.600 kind of decisionism, and
00:25:38.720 in that case, they're
00:25:39.840 kind of very similar, and
00:25:41.080 both of them
00:25:41.900 acknowledge, at least to
00:25:43.400 some extent, that
00:25:44.780 constitutions do have a
00:25:46.900 role.
00:25:47.160 There are constitutional
00:25:48.260 governments.
00:25:49.840 They just don't think that
00:25:51.260 the constitution as we
00:25:52.940 understand it is kind of
00:25:54.760 the real way that people
00:25:56.040 are bound.
00:25:56.820 So, for instance,
00:25:57.940 DeMaestra says that
00:25:58.940 constitutions, you know,
00:25:59.740 they have a value, but
00:26:01.200 their value is basically
00:26:02.540 only in kind of
00:26:03.600 reiterating what is
00:26:04.840 already the traditions
00:26:06.220 and folk ways and
00:26:07.880 history of the people.
00:26:09.680 So, for DeMaestra, if a
00:26:11.020 constitution gets too
00:26:12.600 long, if it tries to ban
00:26:14.240 too much, assert too
00:26:15.420 much, then it's going to
00:26:16.720 kind of fall apart.
00:26:17.620 It's not going to be as
00:26:18.620 valuable because it's
00:26:20.360 having to say things that
00:26:21.460 shouldn't need to be said.
00:26:23.800 What really binds a
00:26:25.460 government, what really
00:26:26.680 controls a government, is
00:26:28.340 not the constitutional words
00:26:30.100 on the paper, but the
00:26:31.780 norms and values and
00:26:33.840 traditions and folk ways
00:26:35.160 of the people who have
00:26:36.760 now kind of been
00:26:37.700 formalized inside that
00:26:39.280 constitution.
00:26:40.100 What's better than a
00:26:41.840 well-marbled ribeye
00:26:42.820 sizzling on the barbecue?
00:26:44.480 A well-marbled ribeye
00:26:45.800 sizzling on the barbecue
00:26:46.880 that was carefully selected
00:26:48.240 by an Instacart shopper and
00:26:49.780 delivered to your door.
00:26:51.220 A well-marbled ribeye you
00:26:52.720 ordered without even
00:26:53.860 leaving the kiddie pool.
00:26:55.680 Whatever groceries your
00:26:56.800 summer calls for,
00:26:58.020 Instacart has you covered.
00:26:59.820 Download the Instacart app
00:27:01.060 and enjoy $0 delivery fees
00:27:03.120 on your first three orders.
00:27:04.700 Service fees, exclusions,
00:27:05.960 and terms apply.
00:27:07.500 Instacart.
00:27:08.340 Groceries that over-deliver.
00:27:10.700 It's not the words on the
00:27:12.120 paper, it's not the
00:27:12.740 legalese itself that
00:27:14.400 stops a government from
00:27:16.500 doing horrendous things.
00:27:18.460 It's the fact that the
00:27:19.360 people would not stand for
00:27:20.560 it and that the
00:27:21.060 traditions of the people
00:27:22.140 echo through the ruler
00:27:23.840 itself.
00:27:24.980 So for a constitution to
00:27:26.120 really have any value, it
00:27:28.060 basically just has to be
00:27:29.200 reiterating what is
00:27:30.320 already there.
00:27:31.500 Again, we can see this in
00:27:32.560 something like the
00:27:34.420 Twelve Tables in Rome,
00:27:37.600 right?
00:27:37.760 In the ancient city,
00:27:39.660 Kalange makes this point,
00:27:41.180 that the law was at
00:27:44.180 first respected only
00:27:45.960 because the people would
00:27:47.000 never stand for the city
00:27:48.120 taking away what had
00:27:50.120 already been kind of
00:27:51.180 substantiated by the
00:27:52.540 traditions of the people.
00:27:54.100 And so the law code is
00:27:55.600 simply an echo of what
00:27:57.360 the people already would
00:27:58.740 have self-enforced.
00:28:00.520 And it's just a
00:28:01.660 formalization.
00:28:02.440 It was already kind of
00:28:03.700 written on the hearts and
00:28:04.720 the spirits and the
00:28:05.640 belief of the people.
00:28:07.660 And so the city simply
00:28:08.840 has to instantiate it
00:28:10.340 because it couldn't take
00:28:11.440 it away.
00:28:12.500 But over time, if that is
00:28:14.800 not respected, if people
00:28:17.440 are not kind of repeating
00:28:18.840 those traditions and those
00:28:20.180 don't sit in the heart of
00:28:21.900 the people, then the
00:28:23.780 constitution simply becomes
00:28:25.500 a loose document that has
00:28:27.240 no real meaning.
00:28:28.800 A lot of people speak on
00:28:30.460 this.
00:28:30.740 Again, Schmidt calls it
00:28:33.020 political theology, right?
00:28:34.520 That the constitution,
00:28:36.640 that the form of the
00:28:37.820 government is just a
00:28:39.120 reflection, a secularized
00:28:42.080 reflection of the
00:28:43.280 people's understanding of
00:28:45.220 the way that they
00:28:46.000 interact with God.
00:28:48.680 So it's a reflection of
00:28:50.320 the interaction with the
00:28:51.740 people in God and then
00:28:53.060 the people in the state.
00:28:54.580 There's also people like
00:28:56.180 Spangler or Alexander
00:28:58.820 Dugan who talk about
00:29:00.660 kind of once these
00:29:02.160 things that were once
00:29:03.140 written on the heart of
00:29:03.940 the people get
00:29:05.040 translated into paper,
00:29:06.360 there's a certain amount
00:29:07.520 of time where that
00:29:08.320 happens.
00:29:09.340 But then it kind of
00:29:10.540 loses its metaphysical
00:29:12.020 energy.
00:29:12.700 It loses its animating
00:29:13.600 spirit as it gets
00:29:15.500 transferred to other
00:29:16.300 people who were kind of
00:29:16.960 weren't originally part
00:29:18.200 of that kind of that
00:29:19.740 creation of that
00:29:20.620 tradition.
00:29:21.540 And that allows more
00:29:22.200 people to come in.
00:29:23.060 So that's good.
00:29:23.840 But it's kind of sets a
00:29:25.220 timer on how long that
00:29:26.440 constitution can last.
00:29:27.880 But we'll get more into
00:29:28.680 that in a second here.
00:29:29.940 The point being is I
00:29:31.560 think they might
00:29:32.200 overstate the case a
00:29:33.100 little bit to say that
00:29:33.980 a constitution is doomed,
00:29:36.680 that constitutional
00:29:37.160 government is impossible.
00:29:38.600 It's more that it's
00:29:39.480 limited to a certain
00:29:40.320 amount of time.
00:29:41.140 It's that there's kind of
00:29:42.080 a limit to how far
00:29:44.460 civilizations can expand
00:29:46.120 kind of their original
00:29:48.000 ethos, their original
00:29:49.540 tradition under a
00:29:52.520 constitutional government.
00:29:54.080 So let's continue
00:29:54.840 reading here.
00:29:55.400 In addition to Moldbug's
00:29:57.880 powerful arguments, we
00:29:59.440 know from the work of
00:30:01.520 Kurt Godel that the
00:30:03.440 Odysseus problem is at
00:30:05.160 least partially
00:30:05.920 insoluble, since it is
00:30:07.980 logically impossible for
00:30:09.360 there to be a perfect
00:30:10.300 knot.
00:30:11.420 So for those who are
00:30:12.480 unaware what he's
00:30:14.120 talking about there, the
00:30:15.020 work of, and I'm
00:30:15.740 probably pronouncing his
00:30:16.820 last name wrong there, so
00:30:18.060 sorry, but Kurt.
00:30:19.420 But Kurt was a
00:30:20.980 mathematician and a
00:30:22.280 logician.
00:30:22.780 And he is known for a
00:30:25.420 couple of things, but one
00:30:26.320 of them is the fact that
00:30:27.980 he thought the American
00:30:29.280 Constitution could be used
00:30:30.500 to create a dictatorship.
00:30:32.580 And the reason he thought
00:30:33.280 that the American
00:30:33.820 Constitution could be used
00:30:35.020 to create a dictatorship is
00:30:36.520 he pointed to Article 5 of
00:30:37.940 the Constitution.
00:30:38.780 Article 5 of the
00:30:39.560 Constitution explains how
00:30:41.980 to amend the
00:30:42.880 Constitution.
00:30:44.180 So if you want to
00:30:45.100 change the Constitution,
00:30:46.320 the directions to do that
00:30:47.620 are in Article 5.
00:30:49.120 Now the problem is that
00:30:50.520 Article 5 allows you to
00:30:52.160 change pretty much
00:30:53.180 anything in the
00:30:53.700 Constitution, including
00:30:55.160 Article 5.
00:30:56.140 So you could use Article
00:30:56.980 5 to change Article 5.
00:30:59.260 You could amend the
00:30:59.900 Constitution to change
00:31:01.740 the way you amend the
00:31:03.100 Constitution, and you
00:31:04.160 could make it easier
00:31:04.980 each time.
00:31:06.380 And so essentially
00:31:07.120 there's the Article 5 of
00:31:09.360 the Constitution creates
00:31:10.520 an escape clause where
00:31:11.660 anyone who wanted to
00:31:13.120 could basically eliminate
00:31:14.360 the difficulty of
00:31:15.880 changing the Constitution
00:31:16.900 in the first place, and
00:31:17.940 you could make it say
00:31:18.480 whatever you wanted to
00:31:19.560 say.
00:31:19.900 Funny enough, we
00:31:21.240 didn't actually take
00:31:22.080 that.
00:31:22.460 Our regime just used
00:31:23.660 other avenues to do
00:31:26.240 that, so that's not
00:31:27.540 exactly how we escaped
00:31:30.200 the binding knot of the
00:31:31.980 Constitution.
00:31:33.040 But either way, the point
00:31:34.180 is there is no perfect
00:31:35.420 knot to bind a
00:31:36.660 government.
00:31:37.480 Even the American
00:31:38.320 Constitution, which was
00:31:39.280 kind of famously designed
00:31:40.440 specifically to control
00:31:41.800 these different forces,
00:31:43.640 has a loophole built
00:31:45.180 directly into the
00:31:46.480 Constitution that lets you
00:31:48.140 alter the Constitution
00:31:49.320 whenever you want to
00:31:50.320 and make it easier to
00:31:51.220 alter the Constitution
00:31:52.000 to the point where you
00:31:53.040 could basically just pass
00:31:54.160 laws by fiat if you
00:31:55.280 wanted to.
00:31:56.500 So that's kind of his
00:31:57.340 point there.
00:31:58.300 However well-constructed
00:31:59.500 the Constitution might
00:32:00.380 be, it cannot in
00:32:01.800 principle seal itself
00:32:03.020 reliably against the
00:32:04.380 possibility of a
00:32:06.160 surreptitious undoing.
00:32:09.820 In a sufficiently
00:32:10.860 complex self-referential
00:32:12.760 constitutional order,
00:32:14.100 there will always be
00:32:15.180 permissible procedures whose
00:32:17.020 consequences have been
00:32:18.260 completely anticipated,
00:32:19.920 who have not been
00:32:20.880 completely anticipated,
00:32:22.280 and whose consistency
00:32:23.340 with the continuation of
00:32:26.780 the system cannot be
00:32:28.320 ensured in advance.
00:32:30.660 All right, so what's he
00:32:31.300 saying there?
00:32:31.840 Well, he's basically just,
00:32:32.860 again, I'm not sure how
00:32:34.040 familiar Land was with
00:32:35.700 Carl Schmitt upon writing
00:32:36.800 this, but he's basically
00:32:38.300 just saying exactly what
00:32:39.400 Carl Schmitt said, which
00:32:41.000 was that constitutions
00:32:43.260 cannot ever completely
00:32:45.600 predict exceptions to the
00:32:48.160 Constitution.
00:32:49.180 No matter how good your
00:32:50.100 Constitution is, no matter
00:32:51.220 how complicated it is, no
00:32:52.560 matter how brilliant your
00:32:54.400 founders were and how far
00:32:55.740 they could think in advance,
00:32:57.160 there will always be things
00:32:59.860 that come up that the
00:33:01.020 Constitution does not cover,
00:33:03.160 right?
00:33:03.420 Does not account for.
00:33:06.140 That's just the nature of the
00:33:07.980 real world.
00:33:08.620 In the real world, things come
00:33:10.300 up that are not covered under
00:33:11.780 your Constitution.
00:33:12.620 So in those moments, there
00:33:16.420 will be opportunities for
00:33:17.740 extra constitutional things to
00:33:19.580 take place.
00:33:20.480 In fact, Carl Schmitt
00:33:21.500 specifically says this is his
00:33:23.400 definition of sovereignty.
00:33:24.500 If you want to figure out who
00:33:25.760 is sovereign, if you're not
00:33:26.760 sure who is sovereign in the
00:33:28.000 system and you want to
00:33:28.760 understand who is
00:33:29.920 sovereign, look to find out
00:33:31.800 who can decide when there's
00:33:34.040 an exception, who can create
00:33:36.380 the state of exception in
00:33:39.000 which the Constitution no
00:33:41.020 longer applies and that
00:33:42.840 person is actually sovereign.
00:33:45.200 Now, interestingly, you know,
00:33:46.920 there are constitutions that
00:33:48.160 have allowed for kind of a
00:33:50.240 chain of succession during
00:33:51.720 that period.
00:33:52.840 So, for instance, many people
00:33:54.040 hear the term dictator and
00:33:56.000 they think of, you know, crazy
00:33:57.700 authoritarian guy like Kim
00:33:59.480 Jong-un who just feeds you to
00:34:00.880 the dogs or whatever if he
00:34:02.280 doesn't like you.
00:34:03.300 But that's not the original
00:34:04.260 meaning of the word dictator.
00:34:06.060 Dictator was actually an
00:34:07.200 official political office in
00:34:09.160 Rome that would be invoked if
00:34:12.040 there is an emergency.
00:34:12.940 So normally in Rome, you have
00:34:14.840 two consuls every year, right?
00:34:16.600 You have basically like two
00:34:17.800 co-presidents who shared
00:34:20.000 authority along with a
00:34:21.540 Senate and the Senate had
00:34:22.680 checks on it.
00:34:23.480 There's there's, you know,
00:34:24.700 tribunes of the plebs and
00:34:26.040 stuff.
00:34:26.540 There's all these political
00:34:27.920 inner workings that might
00:34:29.820 limit the ability of
00:34:30.820 government to do its thing.
00:34:32.600 That's on purpose.
00:34:33.640 It kind of controls the
00:34:34.760 government, right?
00:34:35.300 This is the idea of divided
00:34:36.400 government.
00:34:36.820 However, Rome understood
00:34:38.940 that there were moments where
00:34:41.160 you couldn't do that, where
00:34:42.320 there was like an existential
00:34:43.280 threat, an invasion, a
00:34:45.820 crisis, a military, you know,
00:34:47.920 something.
00:34:48.440 And you had to have somebody
00:34:49.600 who was completely in charge
00:34:51.180 and able to make all the
00:34:52.400 decisions.
00:34:53.100 And in those moments, they
00:34:54.880 could appoint a dictator.
00:34:56.200 Now, the dictator was only for a
00:34:57.980 specific amount of time, usually
00:34:59.440 six months or a year, though
00:35:01.660 later on that that didn't hold
00:35:03.240 as well.
00:35:03.680 But but but there's a
00:35:05.360 prescribed amount of time that
00:35:07.120 the dictator would be in
00:35:08.480 charge and they would only be
00:35:09.820 in charge as long as they were
00:35:11.440 addressing a very specific
00:35:13.100 problem.
00:35:13.940 And once and during that time,
00:35:15.820 they had very wide authority,
00:35:17.800 though, interestingly enough,
00:35:18.940 they still couldn't get rid of
00:35:20.500 the Constitution.
00:35:21.080 So that's an important part of
00:35:22.340 that as well as the Constitution
00:35:23.680 was still in place.
00:35:26.100 It simply was granting kind of
00:35:28.600 ultimate authority to this
00:35:29.700 dictator for a certain amount
00:35:32.020 of time.
00:35:32.440 And then once the issue was
00:35:33.400 resolved, the the dictator
00:35:36.000 is supposed to step down.
00:35:37.960 And so this is where you get
00:35:39.520 Cincinnati's right.
00:35:41.120 He's famous for kind of stepping
00:35:42.880 in and becoming dictator.
00:35:44.140 And even though everybody kind of
00:35:45.500 wanted him to be king, he refused
00:35:47.120 it and he stepped down from the
00:35:48.560 dictatorship.
00:35:49.420 That's why they named, you
00:35:51.180 know, it's Cincinnati, Ohio.
00:35:53.100 It's after Cincinnati's, which
00:35:55.000 which many people compare George
00:35:56.700 Washington to.
00:35:57.480 Uh, and so the, the, the idea
00:35:59.480 of dictatorship, uh, where
00:36:01.680 someone would step in and there
00:36:02.900 was a prescribed way in which
00:36:05.020 people would take over during an
00:36:06.940 emergency could be built into
00:36:08.600 constitutions.
00:36:09.440 So Schmidt would say like, there
00:36:11.080 is a way to build this line of
00:36:13.680 succession into your
00:36:15.580 constitution.
00:36:16.080 But of course, even then the
00:36:18.520 dictator is only really bound by
00:36:21.800 his duty to the Constitution and
00:36:23.760 what the people will stand for,
00:36:25.320 which is why Cincinnati's is a
00:36:27.540 story at all, right?
00:36:28.420 Because he could have been king.
00:36:29.820 The people would have allowed him
00:36:30.980 to be king, but he denied it.
00:36:32.720 He, he said that, you know, the
00:36:34.020 principles are of this are more
00:36:35.800 important to me and I'm going to
00:36:36.560 go back to my farm and, and, and
00:36:38.060 grow cabbages.
00:36:38.740 Right.
00:36:39.520 And so, uh, so at the end of the
00:36:42.220 day, even though there is a
00:36:43.720 constitutional allowance for a
00:36:45.620 dictatorship that, that ends the
00:36:47.740 dictator's power, it's really only
00:36:49.680 an agreement between the ruler and
00:36:51.740 the ruled and understanding that, that
00:36:53.520 the ruler can only get away with
00:36:55.000 so much, even if he is a dictator
00:36:56.740 for a certain amount of time and
00:36:58.360 you know, that the people will, will
00:36:59.940 not accept him long-term that kind
00:37:02.840 of limits the power of the
00:37:04.000 dictator.
00:37:04.440 The constitution itself, even though
00:37:06.140 it technically has rules written
00:37:07.280 down, isn't really what actually
00:37:09.060 stops the dictator from continuing
00:37:11.060 to rule.
00:37:11.640 And you can tell that because, uh,
00:37:13.480 you know, later on you had, you
00:37:15.320 know, dictators for life, you know,
00:37:16.780 you had Sulla, you had, uh, Julius
00:37:19.000 Caesar, uh, obviously eventually we
00:37:20.960 just get emperors.
00:37:21.860 Uh, they, they, they don't, you
00:37:23.220 know, no one declares them kings,
00:37:24.760 but they become kings, uh, kind of
00:37:26.920 under, under the principate.
00:37:28.200 And so, uh, and at that point the,
00:37:31.100 the people were ready for a king.
00:37:32.600 They were ready for an emperor.
00:37:34.220 Uh, the, the constitution itself no
00:37:36.320 longer bound the office of dictator,
00:37:38.380 uh, the way it had done so before, uh,
00:37:41.440 kind of this moment.
00:37:42.900 And so, uh, that, that's kind of the,
00:37:45.480 the point here is that, uh, the, no
00:37:47.760 constitution, no matter how perfectly
00:37:49.820 created, uh, no matter how perfectly
00:37:52.300 planned can ever plan for the
00:37:54.020 exception.
00:37:54.520 And in those moments of exception, uh,
00:37:56.620 you can see kind of the constitution
00:37:57.980 get thrown out.
00:37:59.040 Uh, we see this in American history.
00:38:00.720 We see this, uh, with people like
00:38:02.420 Lincoln and, uh, and FDR, he'll, he'll
00:38:05.100 reference those in a second here.
00:38:07.320 Yet it would be obviously misleading to
00:38:09.540 assume that such concerns were not
00:38:11.320 already active during the formulation
00:38:13.140 of the American constitution.
00:38:14.860 It is precisely because some quite
00:38:17.420 lucid comprehension of the Odysseus problem
00:38:19.900 was at work that the founders envisaged
00:38:22.160 the grounding of principles of
00:38:23.620 Republican constitutionalism as a
00:38:25.980 division of powers, whereby the
00:38:27.840 component units of disintegrated
00:38:30.140 sovereignty bound each other.
00:38:32.360 The animating system of incentives was
00:38:34.780 not, uh, would, uh, was not to rest
00:38:37.300 upon a naive expectation of altruism or
00:38:40.080 voluntary restraint, but upon a system,
00:38:42.700 uh, a systematically integrated network
00:38:44.740 of suspicion, formally installing the
00:38:47.420 anti-monarchical impulse as an
00:38:49.540 enduring distributed function.
00:38:51.920 If the Republic was to work, it would
00:38:54.000 be because the fear of power in other
00:38:56.160 hands permanently overrode the greed
00:38:58.380 for power in one's own.
00:39:00.300 And so, yeah, land is here just
00:39:01.660 acknowledging the fact that, uh, hey,
00:39:03.460 this isn't new, right?
00:39:04.680 Like this problem isn't new.
00:39:06.240 Uh, the, the American founders were
00:39:07.840 perfectly aware of this issue.
00:39:09.700 So credit where it's due to the
00:39:11.300 founders here.
00:39:12.040 They obviously understood this problem
00:39:14.720 and the constitution was an exercise
00:39:16.280 in attempting to solve it.
00:39:17.720 Even if it did so imperfectly, uh, it
00:39:19.960 was still something they weren't
00:39:21.360 completely aware of.
00:39:22.400 This is the whole point of a lot of
00:39:23.580 the Federalist papers, right?
00:39:24.700 Federalist 51, famously, uh, there,
00:39:26.920 there are a number of Federalist
00:39:29.100 papers addressing exactly this issue,
00:39:31.500 uh, that, that, uh, of kind of how
00:39:34.180 sovereignty could be bound or the
00:39:35.520 difficulty of a kind of binding
00:39:37.920 sovereignty.
00:39:38.820 And so because of that, he's kind of
00:39:40.680 giving them their due here that they
00:39:42.660 understood what was going to happen
00:39:44.340 in many ways.
00:39:46.300 Uh, this is something that I think a
00:39:48.680 lot of people who are can maybe in
00:39:51.920 this sphere who are critical of the
00:39:54.460 American founding or the American
00:39:55.920 constitution don't do enough.
00:39:58.080 They don't, they don't give the
00:39:59.840 founders their due because in many
00:40:01.160 ways they project our modern
00:40:03.280 understanding backwards onto the
00:40:06.580 founders.
00:40:07.060 The modern understanding is that you
00:40:09.800 just have words on a piece of paper
00:40:11.740 and they say no.
00:40:13.340 And so you can't do a thing, but the
00:40:14.980 founders were perfectly aware that
00:40:16.080 that was not actually what bound
00:40:18.400 people to the words written in the
00:40:21.100 constitution.
00:40:22.120 Now they may have still put too much
00:40:24.020 faith in division of powers, division
00:40:26.220 of sovereignty.
00:40:27.020 They're, they're pulling, uh, very
00:40:28.820 heavily from Montesquieu and his
00:40:30.580 observations, Baron de Montesquieu and
00:40:32.580 his observations on kind of the British
00:40:34.440 system.
00:40:35.000 Montesquieu was a big proponent of the
00:40:37.000 British system.
00:40:37.620 He liked that power is divided between
00:40:39.060 the king and the church and the house
00:40:41.060 of lords and commons and judiciary.
00:40:44.220 And so this is where a lot of our
00:40:45.760 branches of government come from, but,
00:40:47.740 but the founders were aware that the
00:40:49.460 branches in and of themselves were not
00:40:51.340 the only thing that was going to hold
00:40:53.060 this together.
00:40:53.880 And this is why it was so often
00:40:56.220 iterated by the founders that people
00:40:59.020 had to be vigilant.
00:40:59.920 They had to be on guard.
00:41:00.760 They had to love Liberty.
00:41:01.700 Uh, they, you know, they wanted all of
00:41:03.860 these things to be a deep part of the
00:41:06.320 American identity because that was the
00:41:08.240 only way where they were going to kind
00:41:09.180 of perpetuate themselves forward.
00:41:11.360 Uh, and so if you did not have that
00:41:13.640 animating, uh, values, those traditions,
00:41:16.300 those folkways, those American identities,
00:41:18.340 uh, kind of deeply seated in the people,
00:41:20.680 then the words on the paper didn't really
00:41:22.640 matter, which is why you had, you know,
00:41:24.440 guys, uh, uh, like Adam saying, you
00:41:27.080 know, the constitution is only good for a
00:41:28.440 moral and religious people.
00:41:29.620 It doesn't work for anybody else because
00:41:31.120 you know, without those presuppositions,
00:41:32.880 without those understandings of kind
00:41:35.260 of where our morality would come from
00:41:36.820 and what kind of culture we would have
00:41:38.540 and what kind of systems we would
00:41:40.020 employ, then, you know, the, the, the
00:41:42.100 basic words on a sheet of paper of the
00:41:43.820 constitution, they weren't actually going
00:41:45.580 to do any governing.
00:41:46.440 They were never going to matter.
00:41:47.780 And so they were fully aware of this.
00:41:49.720 Now, the real trick and the real problem,
00:41:52.320 I think that kind of came with the
00:41:54.680 constitution is that we put it on
00:41:57.600 autopilot in a lot of ways.
00:41:59.040 We started, we started not, we stopped
00:42:01.640 teaching.
00:42:02.300 There was their specific American
00:42:03.660 background, identity, values, and
00:42:06.040 instead just kind of said, well, you
00:42:07.560 know, the, the, the words themselves
00:42:09.220 can govern anybody.
00:42:10.860 Um, you know, this is, this is why it
00:42:12.900 became, uh, you know, this document
00:42:14.880 that could suddenly be exported all
00:42:16.280 across the world.
00:42:16.840 Just get liberal democracy.
00:42:18.100 We're fighting for democracy.
00:42:19.240 We're going to Iraq or Vietnam or
00:42:21.020 whatever to, to instill democracy, not,
00:42:23.600 not kind of understanding that, no,
00:42:25.640 actually this system is not something you
00:42:27.180 can just pick up and drop on kind of
00:42:29.400 any group of people and expect them
00:42:31.440 to magically value all of these
00:42:33.140 things and, and have, you know,
00:42:34.280 freedom.
00:42:35.200 But, uh, you know, the, the founders
00:42:37.720 understood that wasn't the case.
00:42:39.340 However, I think they did perhaps put
00:42:41.600 too much value.
00:42:42.780 We, we didn't have as much
00:42:45.200 understanding as the differentiated
00:42:46.800 social spheres that might've existed
00:42:48.780 in kind of other cultures, which in
00:42:50.780 many ways is to America's credit,
00:42:52.240 right?
00:42:52.420 Like that you didn't have kind of
00:42:53.760 these, uh, this, this rigid class
00:42:56.560 structure, you know, that a lot of
00:42:58.340 people, uh, didn't like they wanted
00:43:00.300 to get rid of, but it's also a
00:43:02.180 problem because without those kind
00:43:03.880 of different differentiated
00:43:05.800 classes, those differentiated social
00:43:09.020 interests, you don't really have
00:43:10.780 those competing spheres, uh, that
00:43:13.380 are going to push back against the
00:43:14.540 government.
00:43:14.820 See the trick to Montesquieu's
00:43:16.240 divided government, the branches of
00:43:17.760 government wasn't like the tripod,
00:43:20.060 you know, uh, construction of it.
00:43:22.140 It wasn't the fact that, uh, you
00:43:23.660 know, there was a certain number of
00:43:24.780 branches of government and that's
00:43:25.960 what made government limited.
00:43:27.160 What limited the government was the
00:43:29.780 fact that other, uh, that other
00:43:31.680 spheres of social power existed.
00:43:34.280 The church, the family, uh,
00:43:36.640 communities, they, the regional powers
00:43:39.340 had this, uh, uh, ability to push
00:43:41.860 back against the centralizing
00:43:44.200 sovereignty.
00:43:44.840 Sovereignty isn't actually bound by
00:43:47.240 particular constitutional regulations.
00:43:50.240 It's only really bound by the ability
00:43:53.280 of other spheres of power to compete
00:43:55.580 with it.
00:43:56.260 Now that was supposed to be what these
00:43:57.600 branches of government did, but the
00:43:59.520 fact that all of them basically just
00:44:01.140 ended up becoming subject to popular
00:44:03.820 sovereignty, subject to, uh, you know,
00:44:06.160 kind of just mass democracy meant that
00:44:08.780 all of them ended up falling under the
00:44:10.560 sway of kind of the same homogenizing
00:44:12.240 force in particular, you know, media and
00:44:14.620 cultural and academic control.
00:44:16.360 And so that meant that those, those
00:44:18.200 branches of governments were, were not
00:44:20.080 very effective because they didn't
00:44:21.300 really ever represent different social
00:44:24.140 forces inside the United States,
00:44:26.260 different classes, uh, you know,
00:44:28.060 especially we got rid of, you know,
00:44:30.200 you know, direct election of center
00:44:31.540 senators, all these amendments that
00:44:33.780 really broke down what had been any
00:44:36.240 kind of limitation on popular will.
00:44:38.800 In fact, they're still trying to get
00:44:40.160 rid of those last little bits, right?
00:44:41.700 Destroy the Senate, destroy the
00:44:43.680 electoral college.
00:44:44.660 So that, that, that will create more
00:44:46.580 total control for them, right?
00:44:47.760 That's just getting rid of the last few
00:44:49.640 little pieces of, uh, kind of competing
00:44:52.140 social interests to work against the
00:44:54.380 masses.
00:44:54.720 And so because of that, uh, you kind of
00:44:57.160 saw the collapse of, of kind of the
00:44:58.880 American restrained system, uh, reading
00:45:01.580 a little more here from him, he says
00:45:03.100 the American constitution was of course
00:45:04.960 destroyed in successive waves after
00:45:07.420 Lincoln and FDR only a pitiful and
00:45:10.420 derided shell remains.
00:45:12.120 USG has unified under the principle of
00:45:14.880 sovereign power that has been
00:45:16.500 thoroughly re-legitimated in the court
00:45:19.300 of popular opinion.
00:45:20.840 Democracy rose as the, as the Republic
00:45:23.280 fell, exposing yet again, the essential
00:45:26.140 political bond of the tyrant and the
00:45:28.360 mob Leviathan with the people.
00:45:30.860 And here we're looking, uh, at the
00:45:33.520 juveniles power analysis, right?
00:45:35.260 We're looking at high and low versus
00:45:37.800 middle, uh, the, you know, kind of the
00:45:40.840 underclass wanted those competing social
00:45:44.240 spheres destroyed because those competing
00:45:46.320 social spheres are kind of where the
00:45:48.800 tradition sits.
00:45:50.180 It's where the traditional powers
00:45:51.860 sits.
00:45:52.640 It's about breaking down that generational
00:45:55.380 advantage and leveling everyone.
00:45:57.840 Uh, and, and that is, uh, kind of how you
00:46:02.160 get tyranny, uh, by offering people who
00:46:05.480 are kind of outside, uh, kind of these
00:46:07.860 constraints of society and the benefits of
00:46:10.040 society, uh, power, as long as they'll
00:46:12.640 support you.
00:46:13.300 And that's exactly what democracy did, right?
00:46:15.800 This is why it's so desperate for, uh,
00:46:17.860 Democrats to have open borders, uh, because
00:46:20.000 they want to use the high and low versus
00:46:22.840 middle function to destroy kind of the
00:46:25.980 established, uh, ability of Americans who
00:46:28.820 were already in America to control the
00:46:31.180 government, uh, and they can offer
00:46:33.200 benefits to those newly entering the
00:46:35.100 company, the country, because they don't
00:46:36.620 have any specific loyalty to a tradition
00:46:39.560 of America, institutions of America, to
00:46:42.280 regions of America, to families or whatever
00:46:45.080 that already exists in America.
00:46:46.420 Uh, and they'll just kind of vote, uh, for
00:46:48.980 an enlargement of state power, as long as
00:46:51.100 that state kind of, uh, uh, uh, promises to
00:46:54.340 rob the middle in order to enrich, uh, the
00:46:56.840 bottom and itself.
00:46:58.460 And, uh, this is a pattern we see over and
00:47:00.500 over again.
00:47:00.920 Uh, this is just an, uh, this is just the
00:47:03.260 metaphysics of power as laid out by
00:47:04.820 Bertrand de Juvenal.
00:47:06.000 Uh, and of course, uh, this is how, uh, the
00:47:08.560 U S government is actively working to
00:47:11.280 undermine whatever small constraints still
00:47:13.700 exist, uh, on its power.
00:47:16.060 Does this ruin refute the constitutional
00:47:18.240 conjecture?
00:47:19.120 Is there really nothing further to be said
00:47:21.880 in defense of imperfect, but perhaps
00:47:23.980 in, uh, uh, improvable knots this one
00:47:27.480 came, uh, this one came horribly undone.
00:47:30.220 Might there be other better ones?
00:47:32.800 So all he's saying here is, okay, obviously
00:47:35.700 the U S constitution failed to bind
00:47:37.540 sovereignty, uh, ultimately.
00:47:39.480 Uh, but does this mean constitutional
00:47:41.280 government is just toast?
00:47:42.960 Does it mean there's no way to bind, uh,
00:47:45.040 this stuff?
00:47:45.660 Does it mean that the ability to limit,
00:47:47.800 uh, constitutional government, uh, is
00:47:50.840 just a far or limit governments through
00:47:52.540 constitution is just completely a waste of
00:47:54.580 time.
00:47:54.860 Uh, and he says, you know, it's still a
00:47:56.980 subject worth exploring.
00:47:59.240 And, uh, I think he's, he's right about
00:48:01.420 that.
00:48:01.860 I think that it's, it's a mistake to
00:48:03.780 completely say that this is a project
00:48:05.440 that is, that is impossible and better to
00:48:08.120 understand that these things always
00:48:09.760 eventually undo themselves.
00:48:11.040 And the question is kind of how best to
00:48:13.240 keep this as long as possible.
00:48:14.680 How, how do we continue the traditions?
00:48:16.940 How do we have this can, uh, continue as
00:48:20.280 long as it can before kind of social
00:48:22.700 entropy eventually breaks things down.
00:48:24.620 Every government eventually falls.
00:48:26.580 Every empire eventually comes apart.
00:48:28.680 Uh, every, every civilization has its
00:48:30.800 time, uh, and then dies.
00:48:32.900 And, uh, this is as true for the United
00:48:34.940 States as anything else.
00:48:36.120 Uh, so the question is not, uh, was, was the
00:48:39.000 United States and its ability to kind of
00:48:41.880 restrict sovereignty eventually going to
00:48:43.720 fail.
00:48:44.140 It always was, uh, it always would.
00:48:47.060 That's not so much a black pill is just a
00:48:48.940 truth about humanity.
00:48:49.880 We all live and then we all die.
00:48:51.560 This is as true for, uh, countries and, uh,
00:48:55.160 and traditions as it is for individual
00:48:57.380 people.
00:48:58.160 And just as your, the question of your
00:49:00.600 life is not how to extend your life
00:49:02.200 infinitely or avoid death, but how best
00:49:04.520 to live your life.
00:49:05.940 Uh, you know, how, how, how to live a
00:49:07.920 life of dignity and meaning and purpose.
00:49:10.900 The same is true of your nation.
00:49:13.720 It's, it's not a question of, will your
00:49:15.500 nation live forever?
00:49:16.640 It won't.
00:49:17.560 Uh, so knowing that, that it will die just
00:49:20.120 as you will die.
00:49:20.900 The question is, how do you have the best
00:49:23.100 nation?
00:49:24.000 How do you have the best country?
00:49:25.400 How do you have the best group of
00:49:27.080 people?
00:49:27.680 Uh, how do, how do you do this?
00:49:29.140 Uh, so that can, it can, uh, you know,
00:49:31.800 provide the best life of meaning for
00:49:34.800 people during that time.
00:49:35.880 Uh, and so I think, uh, when, when you
00:49:37.560 have a proper understanding of the
00:49:39.120 truth of kind of the limitations of
00:49:41.500 humanity, human nature, and the
00:49:43.320 governments that it will form, uh, then
00:49:45.480 you have a better chance of creating a
00:49:47.940 government, uh, that will bring a good
00:49:50.980 life to the people that will pursue the
00:49:52.800 good in a way that will, uh, enrich
00:49:55.480 everyone.
00:49:55.840 And for the time that is as long as
00:49:57.540 possible before it eventually passes
00:50:00.240 away as all things must.
00:50:02.060 All right, so that's everything I have
00:50:04.300 to say on, uh, kind of this essay.
00:50:06.720 Like I said, nice, short, it's only a
00:50:08.700 page, uh, but obviously there's a lot
00:50:10.800 packed in there.
00:50:11.960 Uh, uh, Xeno systems is a little
00:50:13.840 difficult to get ahold of.
00:50:14.720 It's no longer a webpage.
00:50:15.700 You kind of have to just Google for the
00:50:17.540 PDF of it.
00:50:18.360 You'll, you'll be able to find it.
00:50:19.860 Uh, I had to download it long ago, but
00:50:21.680 it's still available out there.
00:50:23.500 Uh, so if you, if you're interested in
00:50:25.300 reading Mr. Land's work, uh, and
00:50:27.260 specifically the Xeno system fragments,
00:50:29.000 uh, you can do so, uh, finding them
00:50:31.080 online.
00:50:31.520 Uh, but I will be continuing this
00:50:33.880 series, breaking down, uh, these kinds
00:50:36.340 of essays so we can better understand,
00:50:38.320 uh, the work as we move forward.
00:50:41.120 All right, guys, we have a few super
00:50:42.960 chats here, so I'm going to go ahead
00:50:44.100 and jump in and answer those.
00:50:46.800 Let's see, uh, author, uh, Arthur T
00:50:49.200 for $20.
00:50:50.560 It seems that there are boundaries
00:50:52.520 states can cross, especially regarding
00:50:54.500 immigration policies in blue states.
00:50:56.680 Example, refusing to cooperate with
00:50:58.400 the federal government.
00:50:59.100 Do you see red states emulating these
00:51:00.560 trends in the future?
00:51:02.200 Eventually, uh, they will have to.
00:51:04.300 Uh, there's, there's simply no other
00:51:06.020 option.
00:51:07.060 Uh, if, if one side, uh, and you're
00:51:10.140 absolutely right that the Democrats
00:51:11.780 have for a very long time, the left
00:51:14.040 progressives have just completely
00:51:16.380 ignored the law when they want to.
00:51:18.660 They just say, okay, uh, enforce your
00:51:20.740 ruling, right?
00:51:21.780 We're, we're, we're now seeing courts
00:51:23.440 trying to strike down a number of the
00:51:26.360 laws that stop child mutilation, stop,
00:51:29.060 uh, gender transition inside their
00:51:31.480 states, and we see a lot of courts trying
00:51:32.840 to strike those down right now.
00:51:34.300 And right-wing states just have to get
00:51:36.700 used to saying, no, like, we're not,
00:51:39.980 we're, we're going to keep banning this
00:51:41.420 stuff.
00:51:42.120 Uh, and, uh, if the, you know, the old,
00:51:44.640 the old, uh, Andrew Jackson, you know,
00:51:46.300 it's nice that the, the Supreme Court
00:51:48.020 justice has made his ruling, uh, now he
00:51:50.380 can enforce it.
00:51:51.520 Uh, you know, if, if you are going to
00:51:53.920 just obviously subvert the
00:51:56.860 constitutionally, uh, ascribed ability
00:51:59.440 of states to kind of do this stuff, uh,
00:52:01.860 then we're just going to ignore you
00:52:03.620 because it's very obvious that the,
00:52:05.380 then the federal system no longer
00:52:07.460 works.
00:52:07.960 Uh, that obviously puts you in some
00:52:09.440 pretty dicey territory.
00:52:10.440 The, the left states can do this
00:52:12.060 because the deep state agrees with
00:52:14.160 them, right?
00:52:14.640 So even when you have a Republican,
00:52:16.000 uh, government, like when you have
00:52:19.160 the Trump administration or something
00:52:20.480 in power, they're not really going
00:52:22.220 after sanctuary cities.
00:52:23.400 They're not really going after
00:52:24.520 sanctuary states.
00:52:25.600 They're not really, uh, prosecuting
00:52:28.860 these kind of rogue DAs, these rogue
00:52:31.640 governors, that they're not really
00:52:33.140 stopping this stuff, uh, mainly
00:52:36.080 because they couldn't get kind of the
00:52:38.640 machinery of state to stop it.
00:52:40.620 If they tried, uh, the people inside
00:52:42.720 the government disagree with the, uh,
00:52:46.060 elected representative, the, the,
00:52:48.080 the president.
00:52:48.820 And so they're just not going to do
00:52:50.160 the job.
00:52:50.840 That's why, for instance, when, uh,
00:52:52.840 Donald Trump passed that, uh, that
00:52:55.320 executive order that explicitly said,
00:52:57.460 we're not going to do DEI stuff in
00:52:59.320 the government anymore.
00:53:00.220 The federal, you know, the, the, the,
00:53:02.160 the executive branch just ignored
00:53:03.760 him, even though he has direct
00:53:05.380 constitutional power to issue that
00:53:07.600 order.
00:53:08.000 Many parts of the executive branch
00:53:10.140 just immediately said, we're just
00:53:11.880 not going to listen to the president
00:53:12.860 and we don't care.
00:53:13.980 What are you going to do about it?
00:53:15.360 However, when Barack Obama did his
00:53:17.500 dear colleague letter saying, uh,
00:53:19.300 you got to let, uh, boys use girls
00:53:20.960 bathrooms if they put on a skirt,
00:53:22.540 uh, everybody listen, every school
00:53:24.820 immediately changes policy across the
00:53:26.700 country.
00:53:27.140 Even private businesses, uh,
00:53:28.900 immediately changed their policy.
00:53:30.380 He didn't even use a constitutional
00:53:32.620 power.
00:53:33.100 He didn't even use the actual power
00:53:34.760 of his office as where Donald Trump
00:53:36.600 explicitly did so.
00:53:38.400 Uh, but it didn't matter because the
00:53:40.380 deep state was aligned with, uh, with,
00:53:43.360 uh, Barack Obama, the cathedral was
00:53:45.620 aligned with Barack Obama, all of the
00:53:47.800 bureaucratic and media apparatus
00:53:49.960 immediately complied, uh, with Barack
00:53:52.640 Obama and all of it immediately opposed
00:53:54.400 Donald Trump.
00:53:55.360 And so, uh, there is obviously this thing
00:53:58.280 that goes on constantly where blue
00:54:00.040 states can just get away with what they
00:54:01.760 want because they don't have to fear
00:54:03.500 this the way red states do.
00:54:04.960 However, at some point, uh, red states
00:54:06.820 are just going to have to grow a spine and
00:54:08.260 say no, uh, and that puts us in a very
00:54:10.340 interesting, uh, position of course,
00:54:12.320 because then the government does
00:54:13.380 actually care when a state says no.
00:54:15.400 Right now, the government doesn't care
00:54:16.540 if blue states say no, because they
00:54:17.760 agree with blue states.
00:54:18.660 But if red states say no, uh, now, now
00:54:21.360 they've got to make some decisions.
00:54:22.340 You saw this a little bit with
00:54:23.540 DeSantis and COVID, right?
00:54:25.560 Uh, you, you saw him pushing back in
00:54:27.380 ways that weren't really approved, uh, by
00:54:30.180 the deep state.
00:54:31.100 Uh, they made a lot of threats, but
00:54:32.560 they didn't take a lot of action.
00:54:33.800 So, uh, you know, the only thing, the
00:54:36.000 only way you'll find out is if, uh,
00:54:37.500 governors, red state governors, uh, you
00:54:39.280 know, decide to grow the spine and, uh,
00:54:41.900 and kind of do the same thing that
00:54:43.780 blue state governors and blue city
00:54:46.240 mayors do on a regular basis.
00:54:49.180 Uh, let's see, uh, uh, Florida Henry
00:54:51.700 here for $10.
00:54:52.700 Nevermind college.
00:54:53.700 I saw firsthand in the military,
00:54:55.940 police and fire departments, HR use
00:54:57.820 essays and interviews to promote
00:54:59.300 their own yes men.
00:55:00.640 Yeah.
00:55:00.920 Again, this is, this is the switch
00:55:02.540 they're going to make, right?
00:55:04.020 Data is increasingly actually a
00:55:06.200 problem for the left.
00:55:07.500 So as the left fights against
00:55:10.740 reality, as it pushes back against
00:55:12.640 reality, uh, the collection of data
00:55:15.400 becomes a significant problem because
00:55:17.640 data just keeps reflecting reality, uh,
00:55:20.600 which is why you're seeing a lot of
00:55:22.660 people in, on the left say, Hey, we
00:55:24.240 know, well, we trust the science, except
00:55:26.020 when the science says the wrong thing, or,
00:55:27.700 you know, except when science says
00:55:28.980 something we disagree with, or actually
00:55:30.320 science shouldn't research this issue
00:55:32.220 at all, because we're worried about
00:55:33.620 what the data might reveal.
00:55:35.160 And that's going to be the case with
00:55:37.240 affirmative action.
00:55:38.400 Affirmative action is just a data
00:55:40.080 gold mine that kind of says all kinds
00:55:42.540 of things that the regime doesn't want
00:55:44.180 people to think about.
00:55:45.300 Uh, and so, uh, and, and, and data is
00:55:47.840 also a problem.
00:55:48.620 Data collection is a problem when it
00:55:50.160 comes to proving, uh, that they are
00:55:52.840 treating different groups, uh, you know,
00:55:54.580 they're favoring different groups.
00:55:55.720 So they're just going to get rid of
00:55:56.920 it, right?
00:55:57.380 They're going, they're going to get
00:55:58.060 rid of these tests, these objective
00:55:59.700 tests, and instead, uh, they're going
00:56:02.300 to find new ways to launder their, uh,
00:56:06.120 racial preferences, their hiring
00:56:07.760 preferences, uh, to kind of favor
00:56:09.900 different groups.
00:56:11.740 That's again, a win and a loss.
00:56:13.660 Uh, the, you know, the, the loss is
00:56:15.100 that this stuff kind of goes
00:56:16.160 underground and gets harder to track
00:56:17.640 in some ways.
00:56:18.520 The win is twofold.
00:56:20.560 One, it creates this legal Avenue for,
00:56:23.220 for conservatives and people on the
00:56:25.100 right in general to fight back.
00:56:26.460 But two, and this one probably is
00:56:28.320 actually more important.
00:56:29.880 It wants, it kind of puts a lie again
00:56:32.620 for, for those who are still, and
00:56:34.700 believe it or not, I know people
00:56:35.780 who watch this are like, how can
00:56:37.080 anyone believe this?
00:56:37.900 But lots of people still do for
00:56:39.440 people who still believe that this
00:56:40.880 stuff actually restrains, uh, the
00:56:43.200 government and your ruling class, the
00:56:45.080 elites actually have to listen to
00:56:46.420 court rulings, that they really have
00:56:48.300 to follow the law, that they really
00:56:50.120 have to do this.
00:56:50.840 Like there is a value in making these
00:56:53.080 people break the law.
00:56:54.520 There's a value in making these
00:56:56.340 people ignore the law and show
00:56:58.060 everybody that the law doesn't
00:56:59.840 matter, that they don't care what the
00:57:01.300 Supreme court says, that they do what
00:57:03.060 they want.
00:57:03.900 Uh, because every time they have to
00:57:05.180 flex like that, it becomes very
00:57:06.580 obvious, uh, that kind of this,
00:57:08.880 this, uh, this kind of skin suit of the
00:57:11.820 constitutional order is, uh, is a lie.
00:57:14.800 And that allows people to kind of
00:57:16.400 understand, uh, kind of what game is
00:57:18.420 actually being played.
00:57:19.480 Um, all right, uh, Deuce Boogaloo, uh,
00:57:23.260 for $20.
00:57:24.240 Very good.
00:57:24.780 I appreciate the, uh, lizard, lizard
00:57:27.120 man, uh, uh, icon there.
00:57:28.800 I'm a Hoppian who really enjoys your
00:57:30.320 content.
00:57:30.800 Although we disagree on whether the
00:57:32.660 ring can be destroyed, especially in
00:57:33.980 the sense no one's ever tried.
00:57:35.620 I find Interact's philosophy
00:57:36.520 interesting.
00:57:37.240 I'm glad at least we agree on who the
00:57:39.260 enemies are.
00:57:39.940 Yeah, man, absolutely.
00:57:40.740 So I've said this a million times and
00:57:42.400 I'll say it, you know, one more time.
00:57:43.820 Uh, Hopp is the best libertarian
00:57:46.260 because, uh, he takes his understanding
00:57:49.160 of power from Bertrand de Juvenal.
00:57:50.640 If you love Democracy, the God that
00:57:52.780 failed, just go and read the original,
00:57:55.520 which is on power by Bertrand de Juvenal.
00:57:58.140 Uh, half of Democracy, the God that
00:58:00.020 failed, the, the famous book by Hans
00:58:01.700 Hermann Hoppe is, uh, him just kind of
00:58:05.760 restating in libertarian language, uh,
00:58:09.120 de Juvenal's understanding of power.
00:58:11.440 Now, the other half of that book is him
00:58:13.540 talking about kind of this, this, you
00:58:15.480 know, the law society and everything
00:58:16.860 like that.
00:58:17.740 Uh, I do think there are serious flaws
00:58:19.380 to that.
00:58:19.880 It might be more interesting.
00:58:20.920 I'm actually rereading a Democracy
00:58:22.700 that got it failed because I know
00:58:23.760 eventually at some point me and Dave
00:58:25.100 Smith will have another podcast and we
00:58:27.100 agreed too much last time.
00:58:28.480 Uh, so I want to be ready to, to
00:58:30.400 actually bring substantive, uh,
00:58:32.160 disagreements on kind of the, the,
00:58:34.220 the more Hoppian strain.
00:58:35.680 Uh, but of course Interact's itself is
00:58:38.040 just a post Hoppian philosophy.
00:58:40.000 Uh, it, it onboards all of the
00:58:41.820 lessons of, of kind of,
00:58:43.540 these, uh, paleo libertarians
00:58:45.480 and, and, and Hans-Hermann Hoppe.
00:58:47.300 It simply thinks that they don't, uh,
00:58:48.960 take them to kind of their logical
00:58:50.140 conclusion.
00:58:51.160 Uh, so we can find lots of ground
00:58:53.160 for agreements, uh, uh, between
00:58:55.520 Hoppians and people who kind of
00:58:57.460 hew a little closer to the
00:58:58.540 neo-reactionary side, uh, because at
00:59:00.600 the end of the day, they are, they
00:59:02.020 came from a very similar route, uh,
00:59:03.960 and their disagreements while
00:59:05.300 significant, um, are not so much
00:59:07.500 that they can't, uh, kind of, uh,
00:59:09.960 have civil and productive discussions
00:59:11.700 around, uh, those differences.
00:59:13.660 So thank you very much.
00:59:14.880 I appreciate that.
00:59:16.700 Uh, Florida Henry for $2, does the
00:59:19.520 14th amendment destroy the
00:59:20.980 constitution?
00:59:21.840 Uh, yes.
00:59:23.260 Uh, yeah.
00:59:23.960 The, the 14th amendment or, uh, the,
00:59:26.840 the, the interpretation of the
00:59:28.500 14th amendment, I guess you could
00:59:29.840 say, uh, that stands today, uh, is
00:59:32.780 basically a blank check, uh, to kind
00:59:35.140 of override, uh, uh, large chunks
00:59:37.640 of the constitution.
00:59:39.360 Uh, obviously it was, it was
00:59:41.140 necessary to, to some extent at
00:59:43.360 the time, uh, large questions of
00:59:46.100 post-slavery, uh, citizenship and
00:59:47.880 other things are being, uh, addressed
00:59:50.540 in the 14th amendment, but the
00:59:51.820 14th amendment also addresses a
00:59:53.520 bunch of different things.
00:59:54.240 So the, the, the, I guess the
00:59:55.460 question also means like what part
00:59:56.860 of the 14th amendment are you
00:59:57.900 talking about?
00:59:58.720 Uh, you know, and so, so, uh, you
01:00:00.940 know, there's, there's that as
01:00:01.820 well, but yeah, equal protection
01:00:03.620 clause of the 14th amendment
01:00:04.920 is one of those, uh, it's like
01:00:07.600 the, uh, like the interstate
01:00:08.960 commerce clause or the necessary
01:00:11.140 and proper clause.
01:00:12.780 Uh, they're, they're called
01:00:13.800 elastic clauses for a reason
01:00:15.320 because you can really stretch
01:00:16.640 them to make the constitution
01:00:17.580 do whatever you want.
01:00:19.200 And of course, this is the
01:00:20.240 problem.
01:00:20.860 This is why constitutions cannot
01:00:22.340 in and of themselves bind, uh,
01:00:24.780 the, the power of the
01:00:25.700 government because, uh, if the
01:00:27.900 interpretation of the
01:00:28.560 constitution changes to the
01:00:30.300 point where it doesn't really
01:00:31.320 mean what it said in the first
01:00:32.640 place, uh, then you've kind of
01:00:34.400 just undone the entire
01:00:35.700 constitution anyway.
01:00:37.180 Uh, you're, you're all just
01:00:38.360 looking at kind of, uh, weird
01:00:40.260 and complicated justifications
01:00:41.700 for why it's okay for you to
01:00:43.120 violate the constitution this
01:00:44.380 time, uh, which is what we do
01:00:46.220 pretty much all the time.
01:00:47.160 Now, when we're looking at
01:00:48.040 constitutional law, uh, the,
01:00:50.020 the, what binds the, the
01:00:51.440 thing of about a constitution
01:00:52.880 that binds it is that it, that
01:00:54.640 binds the government is that
01:00:56.060 it's a reflection of the
01:00:56.980 values of the people.
01:00:57.820 As long as the traditions and
01:00:59.520 values and folkways of the
01:01:01.580 people are properly, uh,
01:01:03.380 animated, uh, then the
01:01:04.880 constitution reflects those
01:01:06.320 and the government is
01:01:07.820 constrained by those.
01:01:08.900 Uh, but once they are gone,
01:01:10.320 the words on the paper don't
01:01:11.920 really matter.
01:01:12.420 And the 14th amendment is
01:01:13.840 just one of the many, uh,
01:01:15.800 ways that can, that they can
01:01:17.740 kind of escape this.
01:01:18.440 The point here to understand
01:01:19.840 guys is that while the 14th
01:01:21.300 amendment and it's, and it's
01:01:22.680 elasticity is a problem.
01:01:24.020 Ultimately, the problem is
01:01:25.900 not just one of a better set
01:01:27.960 of contract law.
01:01:29.400 The problem with the
01:01:30.320 American constitution is not
01:01:31.500 that, Oh, it just, it's just
01:01:33.080 flawed contract law.
01:01:34.560 That that's a mindset to get
01:01:35.820 out of though.
01:01:36.400 All of these things are a
01:01:37.320 problem.
01:01:37.540 I'm like, I'm not, I'm not
01:01:38.480 saying that they aren't and
01:01:39.400 that they shouldn't be fixed
01:01:40.620 if you could fix them
01:01:41.380 somehow.
01:01:42.040 But even if you did, that's
01:01:43.760 not really the issue.
01:01:44.740 The problem is our
01:01:45.500 understanding of what it
01:01:47.200 means to be a nation, what
01:01:48.260 it means to be a people, what
01:01:49.460 it means to, uh, to, you
01:01:52.100 know, to have a tradition that
01:01:53.240 binds the government.
01:01:54.460 Uh, it is the, it is the
01:01:56.100 people, its traditions and
01:01:57.720 its values, uh, that
01:01:59.580 actually bind the
01:02:00.860 government, not the words
01:02:02.180 on paper.
01:02:02.700 And so having better
01:02:04.240 designed words on paper
01:02:06.100 would not in and of itself
01:02:07.640 actually kind of stop what
01:02:09.520 happened with the
01:02:10.880 constitution though.
01:02:12.060 I'm sure it certainly
01:02:13.140 couldn't hurt.
01:02:14.460 All right, guys, I think
01:02:15.660 we got through all the
01:02:16.780 questions there.
01:02:17.600 Thank you so much for
01:02:18.600 joining me.
01:02:19.560 Uh, like I said, wanted to
01:02:20.840 do the stream, had it
01:02:21.700 planned for a while.
01:02:22.800 Uh, but then that
01:02:24.000 affirmative action news
01:02:25.140 broke and, uh, you
01:02:26.680 know, you, you gotta talk
01:02:27.640 about it cause it's just
01:02:28.380 so important.
01:02:28.900 And I think in many ways
01:02:30.320 it does dovetail to what
01:02:31.320 we're saying here.
01:02:31.920 Right.
01:02:32.560 Uh, I think it really
01:02:33.720 does.
01:02:34.500 Uh, yeah, yes, you can
01:02:35.640 change the words of the
01:02:36.780 affirmative action clause
01:02:38.100 or the way that, that, uh,
01:02:40.540 that the affirmative
01:02:41.340 affirmative action stuff is
01:02:42.800 understood and
01:02:43.460 interpreted, interpreted, uh,
01:02:45.640 you can, uh, try to
01:02:47.000 change what universities do,
01:02:48.820 uh, with their
01:02:50.180 admissions, uh, processes
01:02:51.560 and stuff.
01:02:52.420 But if the, if the values
01:02:53.700 of the people don't stand
01:02:55.060 against what the
01:02:55.920 universities are doing,
01:02:57.180 the universities will
01:02:58.280 continue to do it even if
01:02:59.480 the law has technically
01:03:00.460 changed.
01:03:01.080 The only way that what
01:03:02.800 they're doing stops is if
01:03:04.400 the people, uh, and their
01:03:06.080 traditions stand against
01:03:07.480 that stuff.
01:03:07.940 If they're animated in a
01:03:09.520 significant way that will
01:03:11.080 kind of put an end to,
01:03:12.840 uh, you know, racial
01:03:14.480 demonstrate racial
01:03:15.380 discrimination against
01:03:17.560 people like, uh, Asian
01:03:19.120 and white people, uh,
01:03:20.800 only if people are
01:03:21.860 willing to stand up
01:03:22.860 against that and say
01:03:23.840 that that's not okay,
01:03:24.800 uh, and do so, and, and,
01:03:26.940 you know, do so in a
01:03:27.580 significant way through
01:03:28.500 lawfare, those kinds of
01:03:29.480 things, uh, that's the
01:03:31.040 only way you're actually
01:03:31.660 going to see this stuff
01:03:32.400 end, uh, you know, the
01:03:33.900 ruling in and of itself,
01:03:35.000 it doesn't stop that.
01:03:36.280 And you can already see
01:03:36.940 the fact that these, you
01:03:38.620 know, that these, uh,
01:03:40.140 institutions, these
01:03:41.180 colleges are already, you
01:03:42.560 know, winking and
01:03:44.060 nodding that, oh, we'll
01:03:45.000 follow the law while
01:03:46.220 pointing directly at the
01:03:47.260 loophole they, they
01:03:48.060 plan to exploit kind of
01:03:49.440 shows you, uh, what the
01:03:50.960 path forward might look
01:03:52.060 like if, uh, if the
01:03:53.720 American people and
01:03:54.680 more importantly, uh, the
01:03:56.040 leaders of kind of the
01:03:57.820 right are not willing to
01:03:58.940 follow through with that
01:04:00.320 legal action, uh, and
01:04:01.900 that, and that
01:04:02.500 enforcement, uh, then,
01:04:04.020 then the ruling will
01:04:04.680 kind of basically just be
01:04:06.060 vacant, uh, right at the
01:04:07.620 start.
01:04:08.020 All right, guys.
01:04:09.200 So if you enjoyed this
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01:04:47.700 Thank you for coming by
01:04:48.760 guys.
01:04:49.180 And as always, I will
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