Showing posts with label Prohibition. Show all posts
Showing posts with label Prohibition. Show all posts

Wednesday, March 1, 2023

Four Comments on Political Issues

Four Comments on Political Issues

Thomas Allen


Blow four items are discussed. They are two ways of addressing secession, saving “our Democracy,” the difference between progressives and conservatives, and inalienable versus unalienable.


Two Ways of Addressing Secession

There are two ways of addressing secession: the Wilsonian and the Lincolnian.

  According to the Wilsonian principle, all nations capable of maintaining their own country should have their own country. (A nation or nationality is a people who have a common genetic ancestry, culture, language, and history; who have common traditions and customs; and who are capable of forming or constituting an independent country.) Since the people of the Donbass region are capable of maintaining their own country, they should have their own independent country, which they have done with the Donetsk People’s Republic and the Luhansk People’s Republic. (Through a plebiscite, the people of these two countries voted to join Russia, and Russia accepted them.)

According to the Lincolnian principle, once a region is part of a country, it can never secede and form an independent country unless it wins that right with war. Thus, being part of Ukraine, the two oblasts of Donbass can never be independent countries unless they defeat Ukraine in war. Furthermore, under the Lincolnian principle, Russia has the right to annex Ukraine because Ukraine seceded from Russia and did so without defeating Russia in war. 

Under the Wilsonian principle, the Ukrainian people deserve their own countries. However, under the Lincolnian participle, they do not unless they defeat Russia in war. 

Likewise, under the Lincoln principle, China has the right to annex Taiwan. Under the Wilsonian principle, China has no right to annex Taiwan; the Taiwanese deserve their own country, or perhaps several countries since several ethnicities inhabit Taiwan.


“Saving our Democracy”

According to the Democrats, the purpose of the January 6 select committee, the violation of due process in arresting and detaining the January 6 protestors, the censoring of people who claim that the Democrats stole the 2020 presidential election, and the lynching of Donald Trump is to protect “our Democracy.” The reason that Trump supporters were rallying in Washington on January 6 was to protect “our Democracy.” They were protesting the Democrats stealing the 2020 presidential election — and plenty of evidence supports the conclusion that the Democrats stole the 2020 presidential election.

Furthermore, Democrats are notorious for doing what they accuse others of doing. Thus, Democrats accuse Trump and his followers of destroying “our Democracy” while Democrats destroyed “our Democracy” by stealing the presidential election. Democrats stole the election, so they blame Trump and his followers for trying to steal the election.


Difference Between Progressives and Conservatives

G.K. Chesterton explains the difference between progressives and conservatives. About progressives, he writes, “The business of Progressives is to go on making mistakes.” About conservatives, he writes, “The business of Conservatives is to prevent mistakes from being corrected.” Thus, progressives begin idiotic programs, and conservatives preserve them. Worse, Conservatives make the progressive programs operate more efficiently and effectively.

Seldom do conservatives eliminate progressive mistakes. Prohibition is an example of a progressive program that has been eliminated — and that was because progressives abandoned it. 

Another progressive program that has been abolished is eugenics. Conservatives did not end eugenics; progressives did. Progressives replaced eugenics with the genocide of the White race, which racial nihilistic conservatives only weakly oppose. (Paradoxically, the genocide of the hated White race leads to the genocide of the beloved American Negro.)


Inalienable vs. Unalienable

Some people stress a great difference between inalienable and unalienable. For them, the two words mean entirely different things — even opposite meanings. They maintain that unalienable rights cannot be transferred whereas inalienable rights can be. Following are some dictionary definitions of the two words.

These definitions are from Black’s Law Dictionary, Seventh Edition: 

– "inalienable," adj. Not transferable or assignable (inalienable property interests). — also termed unalienable.

– "unalienable," adj. See INALIENABLE.

Thus, according to Black’s Law Dictionary, the two words mean the same thing. It makes no distinction between the two.

Webster’s 1828 dictionary gives the following definitions:

– INALIENABLE, a. Unalienable; that cannot be legally or justly alienated or transferred to another. The dominions of a king are inalienable. All men have certain natural rights which are inalienable. The estate of a minor is inalienable, without a reservation of the right of redemption, or the authority of the legislature.

– UNALIENABLE, a. Not alienable; that cannot be alienated; that may not be transferred; as unalienable rights.

According to Webster, the two words seem to mean the same thing — especially, since he defines “inalienable” to mean “unalienable.”

The following are definitions of "unalienable" from other dictionaries:

– “Not to be separated, given away, or taken away; inalienable” – American Heritage® Dictionary of the English Language.

– “law a variant of inalienable” – Collins English Dictionary.

– “not alienable; not transferable to another or capable of being repudiated: inalienable rights.” – Random House Kernerman Webster's College Dictionary.

– “inalienable” – Merriam Webster.

The following are the definitions of "inalienable" given in these four dictionaries:

– “That cannot be transferred to another or others: inalienable rights” – American Heritage® Dictionary of the English Language.

– “not able to be transferred to another; not alienable” – Collins English Dictionary.

– “not alienable; not transferable to another or capable of being repudiated: inalienable rights” – Random House Kernerman Webster's College Dictionary.

– “incapable of being alienated, surrendered, or transferred” – Merriam Webster

“Unalienable” and “inalienable” look like they mean the same thing. Merriam Webster even defines “unalienable” to mean “inalienable.” What is the difference?


Copyright © 2023 by Thomas Coley Allen.

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Monday, April 22, 2019

Mencken on the Failure of Puritanism

Mencken on the Failure of Puritanism
Thomas Allen

    In 1926, H. L. Mencken (1880-1956) wrote Notes on Democracy in which he expressed his views on democracy and related issues. He was a journalist, satirist, and critic and a libertarian and one of the leaders of the Old Right. In his book, he describes the failure of Puritanism, pages 177-186. Below is an overview of his discussion on the failure of Puritanism; my comments are in brackets.
    Mencken describes the action of Puritanism as follows: “Under the pressure of fanaticism, and with the mob complacently applauding the show, democratic law tends more and more to be grounded upon the maxim that every citizen is, by nature, a traitor, a libertine, and a scoundrel. In order to dissuade him from his evil-doing the police power is extended until it surpasses anything ever heard of in the oriental monarchies of antiquity.” [For example, ever more things said by a White, especially a White male, and even more so by a White Southern male, that might possibly hurt the feelings of a supersensitive person who is searching for someone to hurt his/her/its feelings is proscribed. If such words do not result in a jail sentence, as often happens in Europe, they certainly lead to expulsion from school and a loss of employment.] As a result, “it is almost a literal fact that the citizen has no rights that the police are bound to respect.” [One can hardly imagine Mencken’s disgust of the power that the police now have in America’s emerging police state where the police can often arrest a person for resisting arrest when the police have not charged the person with any crime.] Mencken continues, “These awful powers, of course, are not exercised against all citizens. The man of influence with the reigning politicians, the supporter of the prevailing delusions, and the adept hypocrite — these are seldom molested.” [Hillary Clinton is an excellent example of one who is not molested; she is shielded.] “But the man who finds himself in an unpopular minority is at the mercy of the Polizei [police], and the easiest way to get into such a minority is to speak out boldly for the Bill of Rights.” [One needs only to listen to talk radio, especially on shortwave and the Internet, to discover many people whom the government has victimized for speaking for the Bill of Rights. Also, many judges deny the defense appealing to the Bill of Rights.]
    The procedure operates as follows: “First an unpopular man is singled out for persecution, and then a diligent search is made, with the police and prosecuting officers and even the courts co-operating, for a law that he can be accused of breaking. The enormous multiplicity of sumptuary and inquisitorial statutes makes this quest easy. The prisoner begins his progress through the mill of justice under a vague accusation of disorderly conduct or disturbing the peace; he ends charged with crimes that carry staggering penalties.” [One cynical commentator claims that between the time the average person gets out of bed and eats breakfast, he has already committed five felonies. During the day, the average person probably commits several felonies and dozens of misdemeanors and even more civil infractions without knowing that he has committed a crime. The government has made a criminal of everyone, which makes imprisoning everyone who becomes a nuisance legally easy. To increase the likelihood of people violating a law, laws are often written to contradict other laws. Thus, by obey one law, the person has to disobey another law.] Making criminals of people “for merely thinking unpopular thoughts,” as many Puritans[, Yankees,] want to do today, is not new. Mencken comments on laws that outlawed unpopular thoughts. He writes, “Once he is accused of such heresy, the subsequent proceedings take on the character of a lynching. His constitutional rights are swept away as of no validity, and all the ancient rules of the Common Law — for example, those against double jeopardy and hearsay are suspended in order to fetch him. Many of the newer statutes actually suspend these safeguards formally, and though they are to that extent plainly unconstitutional, the higher courts have not interfered with their execution.” [This situation that Mencken abhors has gotten infinitely worse since he wrote. For example, double jeopardy appears in the application of many civil rights laws. If a White person is found not guilty of a crime against a Black person, then the U.S. government may file charges against the White person for violating the Black person’s civil rights. The White person is being charged with committing a crime of which he has been found innocent by merely changing the name of the crime.] He cites the Volstead Act as an example of a law that “destroys the constitutional right to a jury trial, and in its administration the constitutional prohibition of unreasonable searches and seizures and the rule against double jeopardy.” [The Volstead Act was the law that enforced the Eighteenth Amendment, the Prohibition Amendment. Much of the legislation enacted by Congress since 9-11 voids the Bill of Rights.] He continues, “The mob is always in favour of the prosecution, for the prosecution is giving the show. In the face of its applause, very few American judges have the courage to enforce the constitutional guarantees — and still fewer prosecuting attorneys.” [This explains the lack of popular support for the people who are persecuted and prosecuted for standing up for liberty and the inalienable rights guaranteed by the Constitution.]
    Furthermore, “a prosecuting attorney’s success depends very largely upon his ferocity. American practice permits him an extravagance of attack that would land him in jail, and perhaps even in a lunatic asylum, in any other country, and the more passionately he indulges in it the more certain becomes his promotion to higher office, including the judicial.” Judges who had previously been prosecuting attorneys “seem to be generally convinced that any man accused of crime is ipso facto guilty, and that if he is known to harbour political heresies he is guilty of a sort of blasphemy when he mentions his constitutional rights.” [An early television judge showed such bias and prejudice. Whenever someone appeared before him whom he thought was a “racist,” that person lost his case even if the evidence overwhelmingly supported his cause.]
    Mencken notes, “This doctrine that a man who stands in contempt of the prevailing idealogy has no rights under the law is so thoroughly democratic that in the United States it is seldom questioned, save by romantic fanatics, robbed of their wits by an uncritical reading of the Fathers.” [Mencken’s observation may be true of a true lover of liberty, a libertist, but it is not true of others. However, courts have gone out of their way to ensure that the rights of Communists and their allies who want to abolish all real liberties and convert the United States to totalitarianism are protected.]
    Next, Mencken remarks, “It is difficult, indeed, for democracy to reconcile itself to what may be called common decency. By this common decency I mean the habit, in the individual, of viewing with tolerance and charity the acts and ideas of other individuals — the habit which makes a man a reliable friend, a generous opponent, and a good citizen.” [One of the most amusing ironies in America today is that the people who preach tolerance and yell the loudest that we must all be tolerant are the most intolerant people in the country. What would one expect from a Puritan Yankee, to use a tautology?] Then Mencken adds, “The democrat, despite his strong opinion to the contrary, is seldom a good citizen. . . .His eagerness to bring all his fellow-citizens, and especially all those who are superior to him, into accord with his own dull and docile way of thinking, and to force it upon them when they resist, leads him inevitably into acts of unfairness, oppression and dishonour which, if all men were alike guilty of them, would quickly break down that mutual trust and confidence upon which the very structure of civilized society rests. Where democratic man is so firmly in possession of his theoretical rights that resistance to him is hopeless, as it is in large areas of the United States, he actually produces this disaster.” [Can one say “California?”] For “any well-informed and self-respecting man” living in such a community is almost impossible. Not accepting “the democratic epistemology and the Puritan ethic” of such communities, he is harassed until he flees.
    Continuing, Mencken explains the uneasiness in American life: “This irreconcilable antagonism between democratic Puritanism and common decency is probably responsible for the uneasiness and unhappiness that are so marked in American life, despite the great material prosperity of the United States. Theoretically, the American people should be happier than any other; actually, they are probably the least happy in Christendom. The trouble with them is that they do not trust one another — and without mutual trust there can be no ease, and no genuine happiness.” [Multiculturalism and multiracialism, both of which the Yankee has forced on the country, cause much of this distrust and the resulting unhappiness. As European countries have become more multicultural and multiracial, they too are suffering from distrust and the resulting unhappiness and uneasiness. People in monoracial and monocultural countries are more trusting of one another and, therefore, happier.] Mencken concludes, “The thing that makes life charming is not money, but the society of our fellow-men, and the thing that draws us toward our fellow-men is not admiration for their inner virtues, their hard striving to live according to the light that is in them, but admiration for their outer graces and decencies — in brief, confidence that they will always act generously and understandingly in their intercourse with us. We must trust men before we may enjoy them.” Then he remarks that “it is impossible to put any such trust in a Puritan. With the best intentions in the world he cannot rid himself of the delusion that his duty to save us from our sins — i.e., from the non-Puritanical acts that we delight in — is paramount to his duty to let us be happy in our own way. Thus he is unable to be tolerant, and with tolerance goes magnanimity. A Puritan cannot be magnanimous. He is constitutionally unable to grasp the notion that it is better to be decent than to be steadfast, or even than to be just.” Furthermore, the democrat “is simply a Puritan doubly damned.” [Mencken seems not to realize that “Puritan” and “Yankee” are synonymous. That is, a Puritan is a Yankee and a Yankee is a Puritan. Hillary Clinton is an excellent contemporary example of a Puritan Yankee.]

Copyright © 2017 by Thomas Coley Allen.

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Monday, March 25, 2019

Mencken on the Democracy and Morality

Mencken on the Democracy and Morality
Thomas Allen

    In 1926, H. L. Mencken (1880-1956) wrote Notes on Democracy in which he expressed his views on democracy and related issues. He was a journalist, satirist, and critic and a libertarian and one of the leaders of the Old Right. In his book, he describes democracy and morality, pages 162-176. Below is an overview of his discussion on democracy and morality; my comments are in brackets.
    “Liberty gone, there remains the majestic phenomenon of democratic law.” A glance at the law is sufficient to reveal “the identity of democracy and Puritanism.” [Puritanism extends far beyond vice, which today is a minor part of Puritanism — drug laws, especially anti-tobacco laws, and, to a declining extent, the prohibition of prostitution being about the only aspects of this type of Puritanism remaining. Today, Puritanism appears mostly as political correctness, abortion, civil rights laws, laws controlling businesses, zoning laws, hostility toward Confederate monuments, hostility toward Christianity, and the like.] They are merely “different facets of the same gem. In the psyche they are one.” Both derive “their primal essence out of the inferior man’s fear and hatred of his betters, born of his observation that, for all his fine theories, they are stronger and of more courage then he is, and that as they go through this dreadful world they have a far better time.” [Although Mencken description of the inferior man fits many, if not, most Whites, it fits nearly all Blacks. Yet, the old Black man said that he was glad that he was Black instead of White because Blacks knew how to have a good time and Whites did not.] This fear and hatred lead to envy.
    Envy is not “a speciality of democratic man. It is the common possession of all men of the ignoble and incompetent sort, at all times and everywhere.” Nevertheless, democracy liberates it; “it is only under democracy that it is liberated; it is only under democracy that it becomes the philosophy of the state.” [Therefore, all democratic countries have evolved into a welfare-state, which is based and built on envy.]
    Although humanity owes the old autocracies a great debt, the democrat is not likely to remember that debt. About the old autocracies, Mencken writes, “Their service, perhaps, was a by-product of a purpose far afield, but it was a service none the less: they held the green fury of the mob in check, and so set free the spirit of superior man.” When Flavius Honorius collapsed, Europe fell into chaos for four hundred years. [Flavius Honorius {384 –423} was the Western Roman Emperor from 393 to 423.] Charlemagne revived the autocracy and made possible the Renaissance and the modern age. [Charlemagne {742 –814}, King of the Franks {768–814} and Emperor of the Romans {800-814} united much of Europe during the early Middle Ages.] The autocracies kept the mob “from the throat of civilization.”
    Mencken points to the French and Russian Revolutions to illustrate what happens when the autocracy collapses: “The instant such a catastrophe liberates the mob, it begins a war to the death upon superiority of every kind not only upon the kind that naturally attaches to autocracy, but even upon the kind that stands in opposition to it. The day after a successful revolution is a blue day for the late autocrat, but it is also a blue day for every other superior man.”
    Mencken continues, “Democracy, as a political scheme, may be defined as a device for releasing this hatred born of envy, and for giving it the force and dignity of law.” Moreover, “the democratic state, despite the contrary example of France, almost always shows a strong tendency to be also a Puritan state.” Especially, in the field of public law, Puritan legislation “is a thing of many grandiose pretensions and a few simple and ignoble realities. The Puritan . . . always tries to convince himself (and the rest of us) that it is grounded upon altruistic and evangelical motives — that its aim is to work the other fellow’s benefit against the other fellow’s will.” [This is true even after Puritanism abandoned the Bible, of which Mencken probably approved, and became a secular religion.]
    Mencken notes, “The Puritan’s actual motives are (a) to punish the other fellow for having a better time in the world, and (b) to bring the other fellow down to his own unhappy level. . . . Primarily, he is against every human act that he is incapable of himself.” [Mencken has just described the motives of the Yankee.] However, he notes, “The Puritan is surely no ascetic. Even in the great days of the New England theocracy it was impossible to restrain his libidinousness: his eyes rolled sideways at buxom wenches quite as often as they rolled upward to God. But he is incapable of sexual experience upon what may be called a civilized plane; it is impossible for him to manage the thing as a romantic adventure; in his hands it reduces itself to the terms of the barnyard. Hence the Mann Act.” [The Mann Act makes it a felony to engage in interstate or foreign commerce transport of people for the purpose of prostitution or illegal sexual acts.] Likewise, with an alcoholic beverage, the Puritan “can have experience of it only as a furtive transaction behind the door, with a dreadful headache to follow. Hence Prohibition.” [Every chance that Mencken gets to condemn Prohibition, he does so.] Also, “with the joys that come out of the fine arts. Looking at a picture, he sees only the model’s pudenda. Reading a book, he misses the ordeals and exaltations of the spirit, and remembers only the natural functions. Hence comstockery.” [Today, censorship appears in the form of political correctness and vulgar mobs preventing anyone with whom these low-lives disagree from speaking peacefully on college campuses. Now, books are seldom removed from libraries because of sexual content, most sexual content now being politically correct, but because of political content, i.e., the book is politically incorrect because it disagrees with democracy, liberalism, progressivism, socialism, communism, Marxism, or the ever-growing power of the government or is considered “racist.”]
    The Puritan’s “delight in his own rectitude is grounded upon a facile assumption that it is difficult to maintain that the other fellow, being deficient in God’s grace, is incapable of it. So he venerates himself, in the moral department, as an artist of unusual talents, a virtuoso of virtue.” Mencken continues, “His error consists in mistaking a weakness for a merit, an inferiority for a superiority.” Being moral in the Puritan sense “is not actually a sign of spiritual eminence; . . . it is simply a sign of docility, of lack of enterprise and originality, of cowardice.” Once the Puritan forgets “his mainly imaginary triumphs over the flesh and the devil, . . . [he] always turns out to be a poor stick of a man in brief, a natural democrat.” [Thus, Puritans and democrats are twins, and “Puritan” is merely another name for “Yankee.”]
    Mencken adds, “No Puritan has ever painted a picture worth looking at, or written a symphony worth hearing, or a poem worth reading — and I am not forgetting John Milton, who was not a Puritan at all, but a libertarian, which is the exact opposite. The whole Puritan literature is comprised in The Pilgrim’s Progress.” He continues, “Even in the department wherein the Puritan is most proud of himself, i.e., that of moral legislation, he has done only second- and third-rate work.” [Puritanism explains the low quality, meddlesome legislation flowing from Washington and most State capitals.] “His fine schemes for bringing his betters down to his own depressing level always turn out badly.”
    “Since the first uprising of the lower orders, the modern age has seen but one genuinely valuable contribution to moral legislation: . . . the Code Napoleon. It was concocted by a committee of violent anti-Puritans, and in the full tide of a bitter reaction against democracy.”
    Mencken continues, “If democracy had not lain implicit in Puritanism, Puritanism would have had to invent it. Each is necessary to the other. Democracy provides the machinery that Puritanism needs for the quick and ruthless execution of its preposterous inventions.” Puritans face great difficulty in advancing their schemes under autocracies. They can only convince the King if the King is crazy. Even then, the King’s ministers will restrain him. “But the mob is easy to convince, for what Puritanism has to say to it is mainly what it already believes: its politics is based upon the same brutal envies and quaking fears that lie under the Puritan ethic.” Continuing, Mencken notes that “the political machinery through which it [democracy] functions provides a ready means of translating such envies and fears into action. There is need only to sound the alarm and take a vote: the debate is over the moment the majority has spoken.” Thus, in democratic countries, “even the most strange and dubious legislative experiments are” enacted with ferocious haste. [Examples are Bush’s police state laws, which were mostly passed by Congress without anyone in Congress reading them and with little or no debate, and Obamacare, which Congress passed without reading or even knowing what was in it. Unfortunately, once enacted even the most egregious, intrusive, meddlesome, cumbersome, ineffective, inefficient laws are next to impossible to  repeal.]
    Mencken remarks “that this process of law-making by orgy, with fanatics supplying the motive-power and unconscionable knaves steering the machine, is bound to fill the statute-books with enactments that have no rational use or value save that of serving as instruments of psychopathological persecution and private revenge.” [And now you know why we have the laws that we do and so many of them.] Most laws “involve gross invasions of the most elementary rights of the free citizen, but they are popular with the mob because they have a virtuous smack and provide it with an endless succession of barbarous but thrilling shows.” Mostly, the victims of these laws are men whom “the mob naturally envies and hates — men of unusual intelligence and enterprise, men who regard their constitutional liberties seriously and are willing to go to some risk and expense to defend them. Such men are inevitably unpopular under democracy, for their qualities are qualities that the mob wholly lacks, and is uneasily conscious of  lacking: it thus delights in seeing them exposed to slander and oppression, and railroaded to prison.” [Although most members of the mob had never traded a stock, the mob was delighted when Martha Stewart went to prison.] Mencken notes that a district attorney is always ready to prosecute a superior man because “district attorneys are invariably men who aspire to higher office, and no more facile way to it is to be found than by assaulting and destroying a man above the general.” These are the type of district attorneys who become Congressmen. (One “is seldom promoted because he has been jealous of the liberties of the citizen.”) Furthermore, many judges reach “the bench by the same route.” [Most of the laws that Mencken uses as illustrations are petty, irritating laws. He seldom mentions the really despotic laws such as the wartime laws enacted during the Wilson administration that have been used since then to terrorize and imprison people who disagreed with the government. The laws that he mentions are nothing compared to today’s tax laws, which gather the mob’s support because they feed the mob’s envy: The mob is convinced that the tax laws are written to punish the rich and give the inferior man a free ride.]
    Mencken continues, “The whole criminal law in America thus acquires a flavour of fraud. It is constantly embellished and reinforced by fanatics who have discovered how easy it is to hurl missiles at their enemies and opponents from behind ranks of policemen. It is executed by law officers whose private prosperity runs in direct ratio to their reckless ferocity.” [If one listens to talk radio for a few days, especially on the shortwave and the Internet, he would discover the truthfulness of Mencken’s observation. He would discover that America has many political prisoners whose real crime, as opposed to the fraudulent crime of which they have been convicted with the aid of bias, prejudice judges, is that they stood for liberty.] Morons “whose chief delight lies in seeing their betters manhandled and humiliated” applaud this injustice. [Political cartoonists on the left are among the most idiotic of these morons.]
    “In the criminal courts a rich man not only enjoys none of the advantages that Liberals and other defenders of democracy constantly talk of; he is under very real and very heavy burdens.” Railroading a “better,” especially one who stands for liberty, is morally excusable. Sarcastically, Mencken asserts, “The district attorney is an altruist whose one dream is Law Enforcement; he cannot be terrified by the power of money; he is the spokesman of the virtuous masses against the godless and abominable classes.”
    Next, Mencken discusses Prohibition and the evils that it has brought instead of the paradise promised by its proponents. At the time that Mencken wrote, even the mob had turned against Prohibition, but its promoters refused to “repudiate their original nonsense.” [This sounds familiar. How many other laws are still being enforced that the mob has turned against? At least the mob got Prohibition repealed — and that required a constitutional amendment instead of a simple legislative enactment.] Prohibitionists are moved by “the psychological aberration called sadism. They lust to inflict inconvenience, discomfort, and, whenever possible, disgrace upon the persons they hate.” [We see this with other laws — probably all mala prohibita laws. {Mala prohibitum is an offense prohibited by statute, but not inherently evil or wrong, such as failure to submit a report or to have a permit or license, failure to pay taxes, and most traffic violations. They are wrong because the government declares to be wrong. Opposite of mala prohibitum is mala in se, which is an offense that is evil or wrong from its own nature, irrespective of a statute, such as murder, rape, or robbery. Basically, the difference between the two is that mala in se is what God prohibits and mala prohibitum is what man prohibits.}] Like Prohibition, such laws become a means to “badger and annoy everyone who” does not comply with the letter of the law or its spirit, whichever is the most oppressive. Such laws “fill the jails with men taken for purely artificial offences” [as the drug laws do today]. Most of all, such laws satisfy “the Puritan yearning to browbeat and injure, to torture and terrorize, to punish and humiliate all who show any sign of being happy.” Moreover, the Puritans can do this “with a safe line of policemen and judges in front of them; always they can do it without personal risk.” Freedom from personal risk is the secret of the Puritans’ continual frenzy.
    Mencken notes “the American mob, far from being lawless, is actually excessively tolerant of written laws and judicial fiats, however plainly they violate the fundamental rights of free men, and . . . this tolerance is sufficient to protect them [the Prohibitionists, Puritans, and other meddlesome busybodies] from what, in more liberal and enlightened countries, would be the natural consequences of their anti-social activity.  If they had to meet their victims face to face, there would be a different story to tell.” However, “they seldom encounter this embarrassment. Instead, they turn the officers of the law to the uses of their mania.” He continues, “Thus, under democracy, the normal, well-behaved, decent citizen — the Forgotten Man of the late William Graham Sumner — is beset from all sides, and every year sees an augmentation of his woes.” [Sumner {1840–1910} was a classical liberal, a libertarian, and an American social scientist.] “In order to satisfy the envy and hatred of his inferiors and the blood lust of a pack of irresponsible and unconscionable fanatics, few of them of any dignity as citizens or as men and many of them obviously hypocritical and corrupt, this decent citizen [the Forgotten Man] is converted into a criminal for performing acts that are natural to men of his class everywhere, and police and courts are degraded to the abhorrent office of punishing him for them.” [Although Mencken writes this about Prohibition, it is true of most mala prohibita laws.]
    [What Mencken has written about the Puritan could just as well have been written about the Yankee. Substituting “Yankee” for “Puritan” would not change the meaning of what Mencken has written. The two are synonymous.]

Copyright © 2017 by Thomas Coley Allen.

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Friday, November 2, 2018

Mencken on the Maker of Law

Mencken on the Maker of Law
Thomas Allen

    In 1926, H. L. Mencken (1880-1956) wrote Notes on Democracy in which he expressed his views on democracy and related issues. He was a journalist, satirist, and critic and a libertarian and one of the leaders of the Old Right. In his book, he describes the maker of law, pages 131-139. Below is an overview of his discussion on the maker of law; my comments are in brackets.
    “In the United States, the general democratic tendency to crowd competent and self-respecting men out of the public service is exaggerated by a curious constitutional rule, unknown in any other country.” Although its “aim is to preserve for every electoral unit a direct and continuous voice in the government; its actual effect is to fill all the legislative bodies of the land with puerile local politicians, many of them so stupid that they are quite unable to grasp the problems with which government has to deal.” [For example, the Representative from Georgia who thought that islands floated like boats and would sink or capsize if too many people were on the island.]
    Often no competent man is available in a district to represent it. [Many competent men live in most districts; however, they do not want to degrade themselves to the level of a democratic politician described by Mencken.] According to Mencken, the competent man “is usually so enmeshed in operations against the resident imbeciles and their leaders, and hence so unpopular, that his candidature is out of the question.”
    [Mencken seems convinced that if Congress and State legislatures were filled with competent men the Eighteenth Amendment prohibiting the sale of alcohol would not have been adopted.] “[P]liant and unconscionable jackasses” in Congress allying with members from “all the more backward States” forced the Prohibition Amendment through Congress. “[T]he votes of even more degraded noodles, assembled from the backwoods in the State Legislatures, that put the amendment into the Constitution.”
    Mencken believes that “[i]f it were possible for a congressional district to choose any man to represent it, as is the case in all other civilized countries, there would be more breaks in the monotony of legislative venality and stupidity, for even the rustic mob, in the absence of strong local antipathies, well fanned by demagogues, might succumb occasionally to the magic of a great name.”
    Because a representative must reside in the district that he represents, “a depressing gang of incompetents, mainly petty lawyers and small-town bankers” become the predominant representatives. Moreover, “in intelligence, information and integrity,” the House of Representatives “is comparable to a gang of bootleggers — a House so deficient in competent leaders that it can scarcely carry on its business.” [This is an excellent description of the Congress that President Trump faces.] Another result “is the immense power of . . . corrupt and sinister agencies [lobbyists].”
    Mencken has a low opinion of the average Southerner in the House of Representatives. According to him, the average Southern Representative “got his early education in a hedge school, he proceeded to some preposterous Methodist or Baptist college, and then he served for a time as a school teacher in his native swamps, finally reaching the dignity of county superintendent of schools and meanwhile reading law. Admitted to the bar, and having got a taste of county politics as superintendent, he became district attorney, and perhaps, after a while, county judge.” After running for Congress three or four times, he is finally elected. Such a man is unfit “for the responsibilities of a law-maker. . . . He is an ignoramus, and he is quite without the common decencies. Having to choose  between sense and nonsense, he chooses nonsense almost instinctively.” Before he went to Washington and began meeting “lobbyists, bootleggers and the correspondents of the newspapers, he had perhaps never met a single intelligent human being.” Moreover, officialdom disdains him. “His dream is to be chosen to go on a congressional junket, i.e., on a drunken holiday at government expense. His daily toil is getting jobs for relatives and retainers.” He is “a knavish and preposterous nonentity, half-way between a kleagle of the Ku Klux and a grand worthy bow-wow of the Knights of Zoroaster. It is such vermin who make the laws of the United States.” [Mencken’s description of the typical Southern Representative is less accurate today. However, it is still accurate if applied to Representatives from across the country by changing the names of some organizations. For example, the Klan is irrelevant today, except in the minds of those who believe the Southern Poverty Law Center. Today, all Klan organizations of more than two or three members are governmental fronts.]
    As for Senators, they “are measurably better, if only because they serve for longer terms.” Having a two-year term, a Representative “is constantly running for re-election. Scarcely has he got to Washington before he must hurry home and resume his bootlicking of the local bosses.” However, a Senator “may safely forget them for two or three years, and so, if there is no insuperable impediment in his character, he may show a certain independence, and yet survive.” Occasionally, some Senators may attain “a laudable mastery of the public business, particularly such as lies within the range of their private interest.” Moreover, they may “show the intellectual dignity and vigour of genuine statesmen.” Nevertheless, the average Senator “is simply a party hack, without ideas and without anything rationally describable as self-respect. His backbone has a sweet resiliency.” Moreover, “it is quite impossible to forecast his action, even on a matter of the highest principle, without knowing what rewards are offered by the rival sides.” These Senators prefer “their jobs to their dignity.”
    [Mencken gives an accurate, but unfortunately, description of the people who govern the United States and make their laws. Nothing has changed for the better since he wrote.]

Copyright © 2017 by Thomas Coley Allen.

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Tuesday, August 21, 2018

Mencken on Utopia

Mencken on Utopia
Thomas Allen

    In 1926, H. L. Mencken (1880-1956) wrote Notes on Democracy in which he expressed his views on democracy and related issues. He was a journalist, satirist, and critic and a libertarian and one of the leaders of the Old Right. In his book, he describes utopia, pages 115-124. Below is an overview of his discussion of utopia; my comments are in brackets.
    Mencken notes that in the United States, “every office-holder, when he takes oath to support the Constitution, must swear on his honour that, summoned to the death-bed of his grandmother, he will not take the old lady a bottle of wine. He may say so and do it, which makes him a liar, or he may say so and not do it, which makes him a pig.” [When Mencken wrote, the Constitution contained an amendment that prohibited the sale of alcohol — the Prohibition amendment. Much of Mencken’s hostility toward democracy and, to a slightly lesser degree, toward religion, seems to result from Prohibition. At least, Prohibition is often his prime example of democracy run amuck.]
    In spite of this dilemma, “idealists, chiefly professional Liberals, . . . argue that it is the duty of a gentleman to go into politics.” To which, Mencken replies that this remedy “is quite as absurd as all the other sure cures that Liberals advocate. When they argue for it, they simply argue . . . that the remedy for prostitution is to fill the bawdy-houses with virgins. . . . [This] device would accomplish very little: either the virgins would leap out of the windows, or they would cease to be virgins.” Then he adds, “The same alternatives confront the political aspirant who is what is regarded in America as a gentleman — that is, one who is not susceptible to open bribery in cash. The moment his leg goes over the political fence he finds the mob confronting him, and if he would stay within he must adapt himself to its tastes and prejudices. In other words, he must learn all the tricks of the regular mountebanks.” That is, he must either respond to the mob and serve it or lose his job.
    Mencken supports his argument with some examples. He notes, “It is an axiom of practical politics, indeed, that the worst enemies of political decency are the tired reformers — and the worst of the worst are those whose primary thirst to make the corruptible put on incorruption was accompanied by a somewhat sniffish class consciousness.” One example is Theodore Roosevelt entering “politics as a sword drawn against demagogy.” Yet he became a “violent and shameless demagogue.” [We may be seeing the same happening with Donald Trump. He entered the political arena as an outsider who was going to “drain the swamp,” end American foreign entanglements and wars, rebuild America, and control and limit immigration. Yet he has expanded America’s wars and filled his administration with swamp monsters. Most of the real outsiders that he appointed, he has since removed. He continues America’s Israeli-first foreign policy instead of adopting an America-first foreign policy. He is beginning to soften on immigration and give into the establishment on that issue and others. He is acting ever more like the typical establishment politician.]
    Mencken admits that a gentleman may enter politics under democracy. However, “it is almost impossible for him to stay there and remain a gentleman.” He continues, “The haughty amateur, at the start, may actually make what seems to be a brilliant success, for he is commonly full of indignation, and so strikes out valiantly, and the mob crowds up because it likes a brutal show. . . . If he retains his rectitude he loses his office, and if he retains his office he has to dilute his rectitude with the cologne spirits of the trade.” [Much of what Mencken is describing can be written about Donald Trump, a gentleman by Mencken’s definition and an amateur politician. Will he remain a gentleman or will he become another sleazy politician catering to the mob, or, more correctly, the minority that manipulates the mob? This minority resides in the old news media, the leadership of the Democratic and Republican parties, the military-industrial complex, most big businesses and big banks, the globalists, and a host of their demagogues.]
    In a democracy, “the man of native integrity is either barred from the public service altogether or subjected to almost irresistible temptations after he gets in. The competition of less honourable men is more than he can bear. He must stand against them before the mob, and the sempiternal prejudices of the mob run their way.”
    Democracy in the United States is worse than it is in Great Britain because the United States have no aristocracy to check the mob. For the most part, American Presidents were not intellectuals, and most avoid intelligent men. Likewise, has been the average American governor.
    Moreover, “[t]he judiciary, under the American system, sinks quite as low.” The U.S. Supreme Court “carries on its dull and preposterous duties quite outside the stream of civilized thought, and even outside the stream of enlightened juridical thought.” Furthermore, “few American judges ever contribute anything of value to legal theory. . . . The Constitution apparently has no more meaning to them than it has to a Prohibition agent. They have acquiesced almost unanimously in the destruction of the First, Second, Fourth, Fifth and Sixth Amendments, and supinely connived at the invasion of the Fourteenth and Fifteenth.” [What would Mencken think about what the Supreme Court has done to the Bill of Rights in recent decades with the War on Drugs and the War or Terrorism?] America’s mediocre judiciary results from the average judge being a trailer instead of a leader when he was a practicing lawyer. [When the judiciary does lead with its activist judges, the results are usually worse than when it restricts itself to being a follower.] “The judicial office is not attractive, as a rule, to the better sort of lawyers.” Moreover, “judges are so often chosen for purely political reasons, even for the Supreme Court of the United States, that the lawyer of professional dignity and self-respect hesitates to enter into the competition. Thus the bench tends to be filled with duffers, and many of them are also scoundrels, as the frequent complaints against their extortions and tyrannies testify.” [An example of such a Supreme Court judge was Earl Warren, whom President Eisenhower appointed to pay Warren for delivering California's convention delegation to Eisenhower. Warren’s court was notorious for tyrannical, despotic rulings that are still destroying the country.] Mencken notes, “In the States, where judges are commonly elected by popular vote, the shyster has every advantage over the reputable lawyer, including that of yearning for the judicial salary with a vast and undivided passion. And when it comes to the Federal courts, once so honourable, he has every advantage again, including the formidable one of knowing how to crook his knee gracefully to the local dispenser of Federal patronage (in the South often a worthless Negro) and to the Methodist wowsers of the Anti-Saloon League.” [America’s judiciary, especially the federal courts, has deteriorated even more since Mencken wrote.]
    Mencken admits that the shyster does not always prevail. “[A] man of unquestionable integrity and ability occasionally gets to the bench, even of the State courts.” [Today, many State courts, especially the higher courts, have a larger percentage of competent judges of integrity than the federal courts.]

Copyright © 2017 by Thomas Coley Allen.


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Saturday, January 6, 2018

Mencken on the Inferior Man and Progress

Mencken on the Inferior Man and Progress
Thomas Allen

    In 1926, H. L. Mencken (1880-1956) wrote Notes on Democracy in which he expressed his views on democracy and related issues. He was a journalist, satirist, and critic and a libertarian and one of the leaders of the Old Right. In his book, he describes the inferior man and progress, pages 58-73. Below is an overview of his discussion on the inferior man and progress; my comments are in brackets.
    The inferior man is the natural enemy of progress, liberty, and justice. “[B]eing a natural slave himself, [the inferior man] is quite unable to understand the desire for liberty in his superiors. If he apprehends that desire at all, it is only as an appetite for a good of which he is himself incapable. He thus envies those who harbour it, and is eager to put them down.”
    For the inferior man, justice “is always unpopular and in difficulties under democracy, save perhaps that false form of so-called social justice which is designed solely to get the labourer more than his fair hire.” Moreover, “[t]he wars of extermination that are waged against heretical minorities never meet with any opposition on the lower levels. The proletarian is always ready to help destroy the rights of his fellow proletarian.” Mencken illustrates this with the use of the American Legion and the America Federation of Labor in the program against the Reds just after World War I. Another illustration is that “[t]he city workman, oppressed by Prohibition, mourns the loss of his beer, not the loss of his liberty.” [If the war on drugs is substituted for prohibition, the same is true today. How many are really concerned about the loss of liberties that the war on drugs has brought?] The inferior man, the proletarian, “is ever willing to support similar raids upon the liberty of the other fellow, and he is not outraged when they are carried on in gross violation of the most elemental principles of justice and common decency.” [As happens in the war on drugs, the war on poverty, the war on cancer, war on Confederate monuments, and all the other wars that the elite who controls the U.S. government creates.]
    The “few genuine believers in liberty and justice survive, huddled upon a burning deck. Is it to be marvelled at that most of them, on inspection, turn out to be the grandsons of similar heretics of earlier times?” Mencken thinks not because it “takes quite as long to breed a libertarian as it takes to breed a racehorse. Neither may be expected to issue from a farm mare.”
    According to Mencken, the inferior man, the masses, opposes progress. He writes, “The whole progress of the world, even in the direction of ameliorating the lot of the masses, is always opposed by the masses. The notion that their clamour brought about all the governmental and social reforms of the last century, and that those reforms were delayed by the superior minority, is sheer nonsense.” He cites several examples of these reforms — most of which extends the government’s control over the masses and which the masses initially opposed. In Germany, the elite enacted various types of social legislation, such as workman’s insurance, minimum wage, and child labor restriction laws. The United States and other countries followed Germany’s example. However, the masses tended to oppose these acts. [Libertarians naturally oppose such laws as they reduce liberty by forcing people to do what they would not naturally do. Socialists naturally support such laws as they provide for the security of workers, which socialists consider liberty. Since these laws reduce liberty by giving the government more control over the masses and, therefore, less real liberty, the masses were standing for liberty against the elites, their betters as Mencken called them, who were extending their control of the masses via the government. Here Mencken seems to contradict his arguments about liberty and the masses. That Mencken would consider these laws as progress is amazing since he claims to be a libertarian. If he does consider these laws as progress and an extension of liberty, he needs to congratulate the superiors, the elites, for educating the uneducable. Now, the inferior man would strongly resist their repeal.]
    Mencken writes, “Public policies are determined and laws are made by small minorities playing upon the fears and imbecilities of the mob — sometimes minorities of intelligent and honest men, but usually minorities of rogues.” In agreement with Maine, Mencken notes that universal suffrage would have prohibited the use of industrial inventions and machines, such as the spinning-jenny, power looms, and threshing-machines. [Sir Henry Maine {1822-1888} was a British comparative jurist and historian.] Moreover, universal suffrage “‘would have prevented the adoption of the Gregorian Calendar; it would have restored the Stuarts. It would have proscribed the Roman Catholics, with the mob which burned Lord Mansfield’s house and library in 1780; and it would have proscribed the Dissenters, with the mob which burned Dr. Priestley’s house and library in 1791.’” [As suffrage has been extended, the quality of political leaders has declined. First, the vote was given to Black males {1870}, next to women {1920}, and then to eighteen-year olds {1971}; along the way, the requirement to pay taxes was removed {1964}. Each time the quality of political leaders declined. The last Jeffersonian president was Cleveland {1885-1889 and 1893-1897}. Has not the time come to require voters to understand the U.S. Constitution and the Constitution of their State and to pay a minimum but more than token direct tax? When voters had to meet these requirements, the country had much higher quality of political leaders.]
    In the United States, Mencken identifies democracy as leading to anti-vivisection and anti-contraception statutes, the licensing of osteopaths (which he considers a fraud), and restrictions on free assembly and free speech. [The police state laws enacted during the War on Terrorism has restricted assembly and speech, and the controllers of various internet sites, such as search engines and social media sites, have also restricted free speech. Also, Mencken’s attitude toward osteopathy appears like that of an inferior man. He does not understand it, and, therefore, fears it. Fearing it, he wants to suppress it as quackery. He has the same attitude toward chiropractic.]
    Mencken agrees with Lecky: “‘Nothing in ancient alchemy was more irrational than the notion that increased ignorance in the elective body will be converted into increased capacity for good government in the representative body; that the best way to improve the world and secure rational progress is to place government more and more under the control of the least enlightened classes.’” [William Lecky {1838- 1903} was an Irish historian, essayist, and political theorist.]
    Mencken explains the inferior man’s opposition to things that benefit him: “He is against it because it is complex, and, to his dark mind, occult — because it puts an unbearable burden upon his meagre capacity for taking in ideas, and thus propels him into the realm of the unknowable and alarming. His search is always for short cuts, simple formulae, revelation.” Continuing, Mencken adds “that all political platitudes and shibboleths [have] . . . one aim [and that] is to make the unintelligible simple, and even obvious.”
    Also, Mencken condemns Fundamentalism, creationism, chiropractic, “osteopathy, Christian Science, spiritualism and all the other half rational and half supernatural quackeries with it” as food for the ignorant, uneducable masses. [Mencken was an evolutionist and believed that creationism was a myth and a superstition — and so was much of Christianity. Being uneducable, the inferior man believed in creationism. Now, most inferior men believe in evolution, and even more theologians are evolutionists. Moreover, Christianity is waning. Would Mencken congratulate the superior man for doing the impossible of educating the uneducable inferior man? As science learns more about paleontology and genetics, evolution becomes more untenable. Would this new information cause him to change his mind about evolution? Would he recognize that today evolution has become a religion based on a set of beliefs?]
    Mencken laments, “It is a tragic but inescapable fact that most of the finest fruits of human progress, like all of the nobler virtues of man, are the exclusive possession of small minorities, chiefly unpopular and disreputable. Of the sciences, as of the fine arts, the average human being, even in the most literate and civilized of modern States, is as ignorant as the horned cattle in the fields. What he knows of histology, say, or protozoology, or philology, or paleontology, is precisely nothing. Such things lie beyond his capacity for learning, and he has no curiosity about them. The man who has any acquaintance with them seems to him to be a ridiculous figure, with a touch of the sinister. Even those applied sciences which enter intimately into his everyday existence remain outside his comprehension and interest.” [Unfortunately, he is close to the truth. For this reason, the nefarious elite finds the common man easy to manipulate.]
    About learning, Mencken writes, “Learning survives among us largely because the mob has not got news of it. If the notions it turns loose descended to the lowest levels, there would be an uprising against them, and efforts would be made to put them down by law.” He warns against putting the fine arts into the common school curriculum because once the ignorant uneducable masses discover them, they will seek to suppress them. [Instead of suppressing the fine arts overtly, they supplant them with trash that is promoted as art, with the elite doing most of the promotion.]
    Mencken adds that “there is a great deal less of yearning for moral perfection than there is of mere hatred of beauty.” Continuing he writes, “Beauty fevers and enrages him [the inferior man] for another and quite different reason. He cannot comprehend it, and yet it somehow challenges and disturbs him. If he could snore through good music he would not object to it; the trouble with it is that it keeps him awake. So he believes that it ought to be put down, just as he believes that political and economic ideas which disturb him and yet elude him ought to be put down. The finest art is safe from him simply because he has no contact with it, and is thus unaware of it.”
    Moreover, “[t]he common man, as a matter of fact, has no yearning for moral perfection. What ails him in that department is simply fear of punishment, which is to say, fear of his neighbours. He has, in safe privacy, the morals of a variety actor.”
    In summary, human progress passes the inferior man. “Its aims are unintelligible to him and its finest fruits are beyond his reach: what reaches him is what falls from the tree, and is shared with his four-footed brothers. He has changed but little since the earliest recorded time, and that change is for the worse quite as often as it is for the better. . . . He is still a slave to priests, and trembles before their preposterous magic. He is lazy, improvident and unclean. All the durable values of the world, though his labour has entered into them, have been created against his opposition. He can imagine nothing beautiful and he can grasp nothing true. Whenever he is confronted by a choice between two ideas, the one sound and the other not, he chooses almost infallibly, and by a sort of pathological compulsion, the one that is not. Behind all the great tyrants and butchers of history he has marched with loud hosannas, but his hand is eternally against those who seek to liberate the spirit of the race.” “Such is the pet and glory of democratic states.”
    [Mencken seems not to recognize that of the betters, the upper class, the superior man, the elite, only a few love liberty. Most superiors love power more than liberty and use their intellect to feed their lust for it.]

Copyright © 2017 by Thomas Coley Allen.

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