Showing posts with label judges. Show all posts
Showing posts with label judges. Show all posts

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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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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