Lawyers And E-con-omists v. Physicists And . . . Physicists (December 19, 2022)

Posted in E-con-omists, Economics, Energy, Law, Lawyers on December 19, 2022 by e-commentary.org

. . .

K          “de Tocqueville noted the outsized influence of lawyers in the young country.  At the time, e-con-omists were just transmogrifying on the world stage.” 

J          “Today, lawyers and e-con-omists are the high priests ranging the American political and economic landscape . . . and wrecking our land and lives.  We as a society need to disregard the lawyers and the e-con-omists and regard the physicists and the physicists.”

K          “How do we do it today?  I ‘upvote’ you.”

J          “You are agreeing with me again.  That is positive.”

. . .

K         “I shared a story that I reflect on frequently.  An old experienced law professor who taught comparative law in American and European law schools for over two score years shared his settled observations about the fundamental difference in training and perspective between American-trained lawyers and European-trained lawyers.  With some exceptions, an American-trained lawyer first asks:  ‘Can we get away with it?’  With some exceptions, an European-trained lawyer first asks:  ‘Is it lawful?’.”

J          “Lawyers never fail to please.  I read that about $1,400,000,000.00 in now forgiven Paycheck Protection Program loans were distributed to some of the largest law and accounting firms in the country.  About 126 law firms in the Top 300 took $809,000,000.00 in forgiven PPP loans.  About 236 accounting firms in the Top 300 took $635,000,000.00 in forgiven PPP loans.  Greed never rests; greed never sleeps.”

. . .

K          “Me neither.”

. . .

J          “Most successful e-con-omists are celebrity con artists assisting those in power to get away with unlawful activities.  By contrast, physics is reality.  Physics is truth. However, even the most recent announcements about fusion fail to reveal the true Energy Returned On Energy Invested (EROEI) and the limits of current technology. The physical world is stern and unbending and does not yield to our hopes and dreams.

K          Physics may be the true dismal science.”

J          “True enough. I refer to ‘physicists and physicists’ to get one thinking.  Maybe.  Is anyone thinking?  How about the biologists?  Physicists . . . and biologists . . . need to be the new high priests.”

. . .  

[See “The economy is moving from a tailwind pushing it along to a headwind holding it back” by Gail Tverberg at Our Finite World dated December 16, 2022; a discussion of the limits of renewable energy at “‘The New Energy Economy’: An Exercise In Magical Thinking” by Mark P. Mills at the Manhattan Institute dated March 26, 2019 and some perspective on the recent fusion breakthrough at “Scientists Have Made a Breakthrough in Fusion — but Don’t Get Carried Awayby Mark P. Mills at the Manhattan Institute dated dated December 13, 2022.] 

Bumper stickers of the week:

Many live humans; Few dead dinosaurs.

Disregard the e-con-omists; Regard the physicists.

Change your attitude; Change your latitude.

Pay your bills; Develop your skills.

So many challenges; So little time.

Disregard the lawyers and the e-con-omists; regard the physicists and the biologists. 

The Elections Clause And The Independent State Legislature Theory Confront Sound Logic And Settled Practice (December 12, 2022)

Posted in Constitution, Elections, First Amendment, Sports, Supreme Court on December 12, 2022 by e-commentary.org

. . .

J          “I had the good fortune to listen to the debate from the perspective of someone who has not been inside an American law school.  As I recall from inside an American high school, Federalist Paper Number 78 courtesy of Alexander Hamilton discusses the role, albeit limited, of the judiciary.   Fourteen years after the drafting of the Constitution in 1789, the Supreme Court in 1803 in Marbury v. Madison advanced a doctrine of robust judicial review.  The federal courts have the solemn task of determining whether acts are constitutional and what must be done if acts are contrary to the Constitution.  Even a hard-core Originalist who looks only at the text of the Constitution, the Federalist Papers and possibly other then contemporary publications does not dispute that robust judicial review is part of the settled analytical framework of the Constitution.  The Elections Clause language vests the decision in the state legislatures.  The Petitioners argue that the analysis stops there.  However, the Elections Clause language does not preclude judicial review by any court.  In addition, the analytical framework of the United States Constitution includes robust judicial review as a matter of settled practice in the Republic.  Nothing in the Elections Clause precludes a state supreme court from following the same analytical framework allowing for robust judicial review of the state’s legislative action.  The Petitioners sought . . . judicial review by the United States Supreme Court of the North Carolina Supreme Court’s . . . judicial review of actions taken by the North Carolina legislature.  Petitioners did not challenge the actual decision of the North Carolina Supreme Court, only the decision to decide.  Dismiss the petition as contrary to the text, logic, structure and history of the Clause and the Constitution, I say.”

K          “I had the good fortune to attend the show in person and from the perspective of someone who kept everything in perspective while in an American law school.  That is also my take.  The specific provision is neither incomplete nor unartfully drafted.  It says what it says on the topic but need not and does not need to say anything more.  John Marshall’s statue dominates the inside of the Court.  Any true conservative would affirm his great contribution to the development of the American court system.  The acts by state legislatures pursuant to the Clause are subject to state judicial review.”      

. . .

K          “Nice to be agreeing on something again.”

J          “I am pleased you see it my way.”

. . .

[See the e-commentary involving the goal of the Beautiful Game discussed at Expanding The Goal In Soccer (July 18, 2022).]

Bumper stickers of the week:

Beau jeu

The Twitter Files Are The Pentagon Papers Of Today

Moore v. Harper:  Say what?

Free Assange

Russia:  Advancing To Paris; Retreating To Moscow (December 5, 2022)

Posted in NATO, Propoganda, Russia, World War E, World War III on December 5, 2022 by e-commentary.org

. . .

K          “The propaganda machine occasionally spews what appears to be inconsistent messages.  According to one propagandist, the Russians are advancing to Paris.  According to another propagandist, the Russians are retreating to Moscow.  Perhaps a little inconsistent, someone might observe.”

J          “They are consistent.  The first message is designed to inculcate fear.  The second message is designed to instill hope.  They are all plays on emotion.  They are all part of the plan.”

K          “And nothing is designed to inspire thought and reflection.”

J          “By design, that is not the way it works.”

. . .

[See the e-commentary at NATO: Nations Aggressively Taking Over (March 31, 2014) (“If Bush can invade Iraq without any good reason, can Putin invade Ukraine without any good reason?”) and NATOExit? NATOExeunt? (July 4, 2016).]

Bumper sticker of the week:

Slava __________

Our Future:  Tenants And Slaves (November 28, 2022)

Posted in Our Future?, Society on November 28, 2022 by e-commentary.org

. . .

K          “Tenants and slaves.”

J          “Slaves and tenants.”

. . .

K          “BlackRock and others are buying up all the houses and then renting them.  Soon we will be mere tenants.”

J          “UnitedHealth and others are destroying medical practices and then devouring them and then demoting the physicians and staff into low paid indentured servitude.  That is happening in other industries.  Soon we will be mere slaves.”

. . .

Bumper stickers of the week:

Tenants And Slaves

You’ll Own Nothing and You’ll Be Unhappy

Soon we will be mere slaves and tenants

In tonight’s final score, it was Tenants zero, Slaves zero.

Existential Threat + Existential Threat = World War.  Are We Mired In World War E[conomic] / World War III? (November 21, 2022)

Posted in World War E, World War III on November 21, 2022 by e-commentary.org

. . .

K          “No question.”

J          “That is the answer.”

. . .

K          “The U.S. seeks to depose Putin and to dismember Russia and to disembowel the Russians.  That is an existential threat to Russia.  That firms one’s resolve.”

J          “Russia is threatening U.S. hegemony over the world for the last 78 years.  That is an existential threat to the U.S.  That firms one’s resolve.”

. . .

K          “The BRICS+ [Brazil, Russia, India, China, South Africa and others] are seeking to create a freer international economic architecture and a reserve currency based on commodities and possibly precious metals that will undermine and circumvent the PetroDollar and thus the primacy of the U.S.”

J          “The U.S. has been dominant since World War II and is unwilling to relinquish that position.  Using Ukraine and even Europe as expendable pawns in the great scheme is not pretty but may be necessary.”

. . .

K          “Existential Threat + Existential Threat = World War.  We are in World War E[conomic] / World War III.  It can only get more kinetic.”

J          “It can only get really really really horrible.”

. . .

[See “Let’s Be Clear: If WW3 Happens It Will Be The Result Of Choices Made By The US Empire” at www.caitlinjohnstone.com dated November 7, 2022 by Caitlin Johnstone, the recipient of the Fourth Annual Pushitzer Prize In Commentary For 2019 (April 15, 2019) and some reservations about the deposing of the dollar in Not Every Robin = Spring and Not Every Story About Moving Away from the Dollar Is Well Founded” at www.nakedcapitalism.com dated November 18, 2022 by Yves Smith, the recipient of the Seventh Annual Pushitzer Prize In Commentary For 2022 (May 9, 2022).]

[See the e-commentary at Hiroshima And Nagasaki At 75 (August 10, 2020), The Cuban Missile Crisis And The Monroe Doctrine Today (February 28, 2022) and Cuba – October, 1962 (October 22, 2012).]

Bumper stickers of the week:

“This Ukraine crisis that we’re in right now, this is just the warmup.”  Navy Admiral Charles Richard

Existential Threat + Existential Threat = World War

L’Election (November 14, 2022)

Posted in Elections, Voting, War and Wall Street Party on November 14, 2022 by e-commentary.org

. . .

K          “Abortion concerns counterbalanced inflation fears?”

J          “Climate change counterpoised creeping crime concerns?”

. . .

K          “Very little mention of World War III and its profound long term consequences.”

J          “I saw some blue and yellow.”

. . .

K          “The red tsunami was more of a red rivulet.  The ‘D’ Division of the ‘War and Wall Street Party’ may have held the House of Lords and the ‘R’ Division of the ‘War and Wall Street Party’ may have taken the House of Commons.  At least, Biden will be able to obtain the confirmation of federal court judges for two years.”

J          “I have not looked closely at any numbers on the amount spent in the race, yet the ‘D’ Division seems to have spent a bucket of money.  How much did the FTX donations impact the outcome for the Democrats?”

. . .

Bumper sticker of the week:

Vote for Nobody.  Nobody cares about you.  . . .  But vote.  For Somebody.

The Deux Coming?  Oh, And Happy Election Day / Full Moon Day! (November 7, 2022)

Posted in Uncategorized on November 7, 2022 by e-commentary.org

You have an Alexa Rank greater than 30,000,000

www.e-commentary.org estimated value:  $786

At least Google and DuckDuckGo are allowing access.

. . .

J          “Are you crazy?  I will never make it past the port of entry.  I will be flagged and flogged.  They will take me to a back room and beat me up.  If I am released, I will be followed and tracked.  They will pull me over for some bogus turn signal violation and taser me.  My likely life span is less than that of a mosquito.  I’ve already been through this gig once.”

G         “You must do what you must do.”

J          “What about the villagers on !@#$%^&*()?  The !@#$%^&*()ians are decent folks and far more deserving.”

G         “That is your assignment.  You must do what you must do.”

. . .   

[See the e-commentary at “Just visiting, thank you.” (April 1, 2019).]

Bumper stickers of the week:

No one is coming to save you      Get up

You are alone

There is no meaning so you must make up some meaning

“If you think you are too small to make a difference, try sleeping with a mosquito.”  Dalai Lama

The longer I live, the more convinced am I that this planet is used by other planets as a lunatic asylum.  George Bernard Shaw

“The Fed will defend the PetroDollar and the world’s reserve currency status no matter how much the stock market crashes, no matter how much the bond market crashes, no matter how much the housing market crashes and no matter how much the economy crashes.” ???  Oh, And Happy Halloween! (October 31, 2022)

Posted in Federal Reserve, Petrodollar on October 31, 2022 by e-commentary.org

. . .

K          “That is saying something.  Spooky.”

J          “I’ll say.  Scary.”

. . .

K          “The Federal Funds Rate is being raised more than I ever thought possible.”

J          “The Federal Funds Rate is being raised more than I ever thought possible.”

. . .

K          “Increasing the interest rate will do very little to reduce inflation because real inflation is about double the rate reported by the government.  No one is suggesting that the Fed can raise rates to fifteen percent under any scenario.  If the stock market and bond market are sacrificed, perhaps 30 percent of the population will be impacted.  If the housing market is sacrificed, perhaps 67 percent of the population who own homes and another 9 percent who are now priced out of home ownership will be impacted.”

J          “If the economy is sacrificed, perhaps 100 percent of the population will be impacted. While they are raising interest rates, money is being poured into the economy. Imagine a pump drawing water out of a pool and another pump dumping water into the pool.”

. . .

J          “The PetroDollar is akin to the life blood of the United States body economic.  The stock market, the bond market, the housing market and the economy are akin to the organs.  The periphery is being sacrificed to protect the core.  That is how an organism responds to threat and stress.”

K          “The Federal Reserve is trying to staunch the bleeding.  Without the PetroDollar, the US is not.”

. . .

K          “World War E / World War III is not helping. The US must discipline if not destroy its economic colonies to protect itself.  The UK, Germany, France and other colonies do not realize that they are the target.  The vassals are the victims.  The Euro and the pound sterling must be broken.  They are being and will be broken. And then throw in the currencies of emerging markets that are being creamed.”

J          “The US has to destroy the world village in order to save itself.”    

. . .

K          “The PetroDollar is backed by Fe and Pb not by Au or Ag.  The US military has perpetuated the war against the world since 1945.”

J          “And the Fed is taking up the sword.” 

. . .

J          “We shall see.”

K          “We shall see.”

. . .

[See “Why financial approaches won’t fix the world’s economic problems this time” at Our Finite World dated October 18, 2022 by Gail Tverberg.]

[See recent April e-commentary at The Great Checkmate And The Great Seesaw: Interesting Rates (April 11, 2022), Interning For Clio:  Collecting, Protecting And Preserving The Record (April 4, 2022), Is Inflation Inflating!?!? (April 26, 2021) and Covid-19 PanICdemic/Plague:  Basically, Back To Basics:  Finding Food; Printing Rutabagas.  Happy Earth Day! (April 20, 2020).]

Bumper stickers of the week:

Costco Kirkland precooked bacon is $17.99

You can print money, but you cannot print rutabagas

My electric car is powered by dirty coal

The US has to destroy the world village in order to save itself

“Sheep spend their whole lives living in fear of the wolf only to be eaten by the shepherd.”  Proverb

What Is With Our Friend Sweden And Our Friends The Swedes?  The Swedish Central Bankers Reward One Of Their Criminal Home Boys:  Bernanke.  The “Real” Nobel For Peace (War?) Rewards Hypocrisy And Dishonesty.  The Nord Stream Pipeline Terrorism Investigation Is Dodgy. (October 24, 2022)

Posted in Economics, Economics Nobel, Noble Prize on October 24, 2022 by e-commentary.org

. . .

K          “They are Swedes.  They are rumored to be smart and level-headed.”

J          “There is always that bottom half of the class lurking out there.”

. . .

K          “The selection of Bernanke is cruel, perverse, twisted and offensive.  He has done more to destroy opportunity for the average person and to shovel wealth to the already wealthy Kleptocrats than just about anyone else in recent history other than possibly Greenspan.  We are suffering and will continue to suffer from his decisions and indecision.”

J          “Bernanke committed economic crimes against the public good.  A person who commits economic crimes against the public good is a criminal.”

. . .

K          “One of the recipients of the purported Peace Prize is allegedly investigating Russian war crimes but not Ukrainian/NATO/US/UK war crimes.  They should be investigating war crimes.  Partisan activities should not be rewarded.  So many of the purported NGOs [Non-Governmental Organizations] are fronts working hand in glove with governments.” 

J          “They may need to take sides.  Sometimes, sides need to be taken.”

. . .

K          “You know full well that when they took the fingerprints on the Nord Stream pipeline sabotage caper, they made a perfect match with . . . Samuel, Uncle.  You know full well that when they did a DNA swab test on the Nord Stream pipeline sabotage caper, they made a perfect match with . . . Samuel, Uncle.  And now the Swedes are blocking a complete investigation of an international act of terrorism.”

J          “They may need to take sides.  Sometimes, sides need to be taken.”

. . .

K          “These are the good folks who conceived and crafted the legendary Volvo 122S and the celebrated SAAB 90 series.”

J          “These are the good folks at the Gransfors Bruk and S.A. Wetterlings and Hults Bruk facilities who hand forge scientific works of art that work artfully in hand.  At least we agree that the dullards at the Sveriges Riksbank, the Swedish Central Bank, are not the sharpest splitting mauls in the wood bunk.  Their failure, however, is not one of intellect but of judgement, character and integrity.”

. . .

[See “Noble and Ignoble Prizes” at Rabobank dated October 11, 2022 by Michael Every; The Sveriges Riksbank Counterfeit Nobel Award Goes to Bernanke et al. for the Wrong Model” at Naked Capitalism dated October 19, 2022 by Yves Smith, the recipient of the Seventh Annual Pushitzer Prize In Commentary For 2022; “Ben Bernanke vs. Greg Hunter” at www.mark-skidmore.com by Mark Skidmore, the recipient of the Fourth Annual Noble Prize In Eco-nomics (October 14, 2019); A Nobel? Ben Bernanke belongs in the Economics Hall of Shame” at the New York Post dated October 11, 2022 by the Editorial Board and “Ben Bernanke getting Nobel Prize is panned as ‘drunkest decision of all time’” in the New York Post dated October 19, 2022 by Ariel Zilber.]

[See the optimistic and hopeful e-commentary at Bernanke 2.0 (August 31, 2009) and a more disquieting analysis of his comments and tenure at the Fed. at  Economics And Finance:  Girls v. Boys (June 4, 2018) including commentary on economic and financial commentators including Yves Smith.]

Bumper sticker of the week:

“In the surreal economy, the Nobel Prize committee showed either they don’t read this Daily (no!), or if they do, they do the opposite.  After all, they just gave the Prize in Economics (jointly) to former Fed Chair Ben Bernanke.

Yes, Economics isn’t a real Noble Prize.  Yes, there have been lots of previous stupid winners of even the real Prizes:

For Peace to Aung San Suu Kyi, for being pro-democracy – who then looked the other way over a genocide; to the EU, for being the EU; to Barack Obama, for something – who then carried out drone strikes on weddings, etc.; to Henry Kissinger – for blowing up South-East Asia, etc.

For Literature to Peter Handke – despite genocide denial (again); to Bob Dylan – for singing; to Mario Vargas Llosa – for being political in a way the committee liked; and never to Tolstoy while we was still alive.

For Economics to Friedman – for monetarism, just before it was tried and failed, and as he backed the dictator Pinochet in Chile; to Nordhaus – for saying if climate change gets too bad, we can spend more time indoors and GDP will be OK; to Krugman – for saying free trade always ends up with the best of all possible outcomes in the best of all possible worlds.         

However, to give a Nobel to Ben “Sub-prime is contained”/“high levels of private debt do not matter”/“banks intermediate between savers and borrowers”/“zero rates and QE” Bernanke for providing “a foundation for our modern understanding of why banks are needed, why they’re vulnerable, and what to do about it” — just as central banks try to undo the post-2008 policy error, and perhaps the post-1980 financialisation and zombification of the economy to boot — is either a slap in the face (“You might reshape the global economy, but you aren’t going to get a prize from us!”) or shows economics, or the Nobel committee, or both are past saving.

Putting it more succinctly, Matt Taibbi tweeted: “Giving Ben Bernanke the Nobel Prize in Economics may be the drunkest decision of all time.”  Amen, Matt, Amen. And cheers to the Nobel Prize team.

. . .

Don’t worry though – we have Ben Bernanke and other Nobel prize-winners to guide us through.

Seventh Annual Noble Prize In Jurisprudence (October 17, 2022)

Posted in Noble Prize in Jurisprudence on October 17, 2022 by e-commentary.org

. . .

K          “A prize dedicated to acknowledging and celebrating the work of someone who or some organization that really knows something about jurisprudence and the impact of courts, judges, lawyers and police on the lives and livelihood of ordinary citizens.  Someone who lives the conviction that men and women should establish and respect some norms and standards that are promulgated clearly to all and enforced equally in favor of and against all.”

J          “Someone who advances the Rule of Law and stuff like that.  I like it.”

K          “The recipient of the seventh annual Noble Prize In Jurisprudence . . . is the justice correspondent and columnist Eli Mystal who writes the monthly column ‘Objection!’ examining the courts and the criminal justice system.  Describing the United States Constitution as ‘actually trash’ forces those who see the hope and possibility in the Great Document to reevaluate their faith and support.”

. . .

[See the e-commentary at Sixth Annual Noble Prize In Jurisprudence (October 18, 2021), Fifth Annual Noble Prize In Jurisprudence (October 19, 2020), Fourth Annual Noble Prize In Jurisprudence (October 21, 2019), Third Annual Noble Prize In Jurisprudence (October 15, 2018), Second Annual Noble Prize In Jurisprudence (October 16, 2017), First Annual Noble Prize In Jurisprudence (October 17, 2016) and Award Deadlines (Livelines?) (July 25, 2016).]

Bumper stickers of the week:

Give civil rights and civil liberties a chance

Rediscover the Constitution