From think tanks and universities all around -- that's what they do for a 
living.   A debate with a George Will, Bill Kristol, or even a Liz Cheny is one 
thing.    A JD Vance, though.  No, just punch him in the face and more will be 
communicated.

-----Original Message-----
From: Friam <[email protected]> On Behalf Of glen
Sent: Friday, May 20, 2022 5:24 PM
To: [email protected]
Subject: Re: [FRIAM] oversight

IDK. I think this effort: 
https://constitutioncenter.org/debate/special-projects/constitution-drafting-project
 was a good one, with good faith discussion on all 3 sides. They seem to share 
something of a foundation.

And if Ginsburg can engage with their "ideas" by also criticizing Roe but from 
a different angle, it seems we could, too: 
https://www.law.uchicago.edu/news/justice-ruth-bader-ginsburg-offers-critique-roe-v-wade-during-law-school-visit

But, I feel like Jon's signaled that this horse has been well pummeled. So I 
suppose I'll quit. Thanks to everyone who's engaged. I appreciate it.


On 5/20/22 14:48, David Eric Smith wrote:
> In the last several exchanges, the discussion of engaging with their “ideas” 
> has felt to me like following the chaff thrown off by an airplane rather than 
> following the airplane that is on the attack run and needs to be shot down.
> 
> I am finding, in the general cloud of news articles, more instances of people 
> saying explicitly the thing that “feels” (there’s that word again) to me like 
> it is on the right center.
> 
> Tom Edsall had a piece in NYT sometime recently past, 
> https://www.nytimes.com/2022/05/18/opinion/christian-nationalism-great
> -replacement.html 
> <https://www.nytimes.com/2022/05/18/opinion/christian-nationalism-grea
> t-replacement.html> in which one of his email correspondents said (and 
> I won’t get this quite right, but the keyword “instrumental” is verbatim), 
> that what issues they claim to argue from at any time is not essential, but 
> rather instrumental.  The thing that is essential is the cultivation of a 
> persecution complex and the seeking for conflict as an identity group against 
> somebody.
> 
> There was another piece (I think also NYT) by some professor from Yale who 
> specializes in Fascism, that had two distillations I liked a lot.
> (It was Snyder — duh — here:
> https://www.nytimes.com/2022/05/19/opinion/russia-fascism-ukraine-puti
> n.html 
> <https://www.nytimes.com/2022/05/19/opinion/russia-fascism-ukraine-put
> in.html> ). This ties back to our earlier thread about what it is 
> institutionally, and what it is culturally.  One of the professor’s 
> formulations early in the piece is that Fascism is a social movement of 
> irrationality and violence.  He comes back later, in more systematic mode, to 
> say that the detailed themes can be quite variable across times and places, 
> but the one theme that is always there is the “triumph of will over reason”.  
> This thing about “will” feathers well with Susan Sondheim’s “Fascist 
> aesthetics” that I raised some months ago as a topic, and the fact that this 
> is expressly _against_ reason goes well with what has become one of Justin 
> King’s (Beau of the fifth column and other channels) themes: the long-term 
> and consistent anti-education position of this movement that at the moment we 
> call the “political right”.  The Yale prof is helpful because he doesn’t 
> center on the word “education”, which is an institutional system with a 
> developmental job to do; he focuses on “rationality”, which really gets at 
> the anti-enlightenment (and broader) fabric in this, a whole framework for 
> experience and behavior.
> 
> In a sense, anything I said above has been in our discussions all along, 
> because we acknowledge the blanket term “bad faith” routinely, and I still 
> think it is a fine term to get back to this theme.  But these other glosses 
> on it seem helpful to add thickness to the picture.
> 
> I do, however, want to get to Glen’s mention of ideas, because it 
> deserves to be addressed and not just dismissed.  Do I think that people 
> don’t “believe” things they advocate for?  Like ACB advocating the Handmaid 
> role for women, or the various anti-abortionists of one stripe or another?  
> Two answers: One, “belief” in people itself seems instrumental enough that I 
> wouldn’t put it past them to ardently “believe” whatever train they are on, 
> even if once they weren’t on it at all.  There are also, of course, 
> completely cynical liars, but we put them into a different bin already.  But 
> second, and more to the social dynamic, I think all this looks different 
> through a social-Darwinian lens.  There is no idea so divergent that you 
> can’t find somebody on the internet who is committed to it.  Yet those 
> “beliefs” can still be non-essential, as long as, whenever they become the 
> instrumental passing fad, you have ways to recruit the believers from that 
> fringe to do that month’s (or year’s or decade’s) work in service of the real 
> core-goal of maintaining the narrative of persecution and conflict-seeking as 
> a way of propping up some kind of identity that people feel a need to have.  
> So maybe however “essential” beliefs ever get, to the individual, but 
> completely instrumental relative to the social dynamic and the problem that 
> sinks us if we don’t find an effective response to it.
> 
> Eric
> 
> 
> 
>> On May 20, 2022, at 11:02 PM, glen <[email protected] 
>> <mailto:[email protected]>> wrote:
>>
>> Yeah, I get that. But there's an inertia to consider. If we manage to put 
>> the Right back into place tenuously, without convincing enough of the other 
>> side to relax or compromise, then they'll dig in even more. The tenuous 
>> installation feeds into their rhetoric. We need at least a semblance of 
>> cooperative consensus.
>>
>> The Federalist Society (and orgs like The Fellowship 
>> <https://en.wikipedia.org/wiki/The_Fellowship_%28Christian_organization%29 
>> <https://en.wikipedia.org/wiki/The_Fellowship_%28Christian_organization%29>>)
>>  are not going to simply give up and go home. They've worked for decades to 
>> overturn Roe and other tenuously established values could soon topple, as 
>> well.
>>
>> There seems to be 2 options: 1) engage with their good arguments and shelve 
>> their bad arguments, cafeteria style, or 2) come up with our own Illuminati 
>> style insidious strategy. (2) requires discipline lefties just don't have, 
>> in part because we criticize ourselves. (1) is the practical path.
>>
>> On 5/19/22 12:14, Marcus Daniels wrote:
>>> This why I won’t be “pretending” to consider the other side of this issue.  
>>> It could cause harm for the sake of stupid people.
>>>> On May 19, 2022, at 11:47 AM, glen <[email protected] 
>>>> <mailto:[email protected]>> wrote:
>>>>
>>>> I agree. But I don't think that's obvious to many people. I also think 
>>>> the foundations of math are political (... or perhaps ideological). And 
>>>> the understandable tendency to reduce sociology to psychology to biology 
>>>> to chemistry to physics is also political (or ideological). But there are 
>>>> plenty of people smarter and more well-intentioned than me who disagree.
>>>>
>>>> So for those people, whether originalists or evolutionists, who believe in 
>>>> the Rule of Law, it's up to them (or us if we play along with the 
>>>> pretense) to derive the right from the Constitution ... and perhaps 
>>>> peri-Constitution precedent. And if the right *can't* be so derived, then 
>>>> it has to be grafted on as an additional axiom, either a federal amendment 
>>>> or a diversity of state laws/amendments.
>>>>
>>>>> On 5/19/22 11:35, Marcus Daniels wrote:
>>>>> What first principles?   The court is a political organization.

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