March 27, 2017

Glenn Loury and I resist the resistance to Trump.

In this hot new episode of Bloggingheads (recorded on Friday), Glenn Loury objects strenuously to the effort to treat Trump as abnormal, and I agree. Despite that basic agreement, we find a lot to talk about:



The tags indicate the range of subject matter. The topics listed at the BHTV website are:
The “normalizing Trump” debate
Trump’s desire to keep judges “in check”
Political posturing around Gorsuch and Garland
Should judges infer that Trump wants a Muslim ban?
Glenn defends the Shelby County ruling on voting rights
Ann defends Citizen’s United

44 comments:

Ann Althouse said...

I'm trying to figure out the code to stop autoplay...

buwaya said...

You're working hard at this this blogging thing!
Autoplay started while I was showing off some budget stuff.
Bit of an amused reaction.

Ann Althouse said...

The only solution I know how to do is to put the embedded video after the page jump.

I tried various code suggestions I found on the internet.

buwaya said...

I was surprised to learn that some people knew Althouse.

Ann Althouse said...

Give them my regards.

Saint Croix said...

One quick correction to "Hitler was elected."

Hitler never won a majority.

He was elected with a plurality.

This means the majority of the German people voted against him.

The Nazi party (of course) never allowed another election.

This is why we think of Hitler as a dictator, and not a democrat.

Also the Nazis constantly made propaganda movies showing large crowds supporting Hitler

precisely because they never had majoritarian support

the idea that we should be anti-democratic

to stop Hitler

is a dangerous idea

much better to insist that we should be democrats

and respect majority will

having said that

the Republican party insists

and always has insisted

since the beginning of the Republican party

that our basic rights cannot be denied

even by majorities

this is why it is dangerous for the Supreme Court to play around with "our basic rights"

because they can easily become baby-killing dictators

to give one example

Akhil Amar is one of my favorite theorists on majoritarian rule.

brilliant Yale scholar

Sebastian said...

@Saint Croix: thanks for the prose poem. I do think that, when it comes to right way to play around with "our basic rights," our sly-trickster blog hostess does happen to have some definite views after all. Not that the correct deduction of machinations from emanations from penumbrae is a matter of playing around, mind you.

Danno said...

The "Sly Trickster" always tees-up the topic of discussion.

Rick said...

Saint Croix said...
One quick correction to "Hitler was elected." Hitler never won a majority. He was elected with a plurality.


He wasn't elected, he was appointed Chancellor by President Von Hindenburg who felt compelled to do so because the Nazis were the largest party in the Reichstag.

robother said...

Ann's point about best minds not always the best pick for SCOTUS brought me up short as it did Glenn. For some reason, it occurred to me that a criminal defendant (or small businessman defendant) probably reacts differently to Bork's "intellectual feast" characterization of the SCOTUS. "Yeah, what does that make me, the hors d' oeuvres?"

tola'at sfarim said...

You underestimate the power of the dark side. :)

rhhardin said...

1. Althouse dodges Loury's question about unwwritten rules necessary for the system to function, not having read enough sociology. I suggest Erving Goffman's stuff.

It would also change her mind about judges deciding same sex marriage against the voters. The system collapses.

2. Skipping the overriding idea that Trump can ban Muslim immigration for any reason because constitutional protection doesn't apply to foreigners. It's entirely up Congress and the President.

Saint Croix said...

He wasn't elected, he was appointed Chancellor by President Von Hindenburg who felt compelled to do so because the Nazis were the largest party in the Reichstag.

fair enough

my point remains valid

we should not fear majority rule

and the leftist urge

to improve society by having 7 unelected lawyers

dictate arbitrary rules

is a really bad idea

Saint Croix said...

my own opinion

is the Supreme Court is our most dangerous branch

precisely because they can't be fired

and they dress like priests

who speak for the universe

the next time you speak for the universe

Mr. Kennedy

you should say to yourself

"maybe I should stop pretending that I speak for God"

Inga said...

Oh no. The Executive running everything even with Obama as the President!? Very dangerous idea. It's clearer now more than ever. We desperately need all three branches as a check on the other two.

Inga said...

Yes, the confirmation hearings reveal precious little about the nominee, but once in a while they slip up.

Achilles said...

"I'm trying to figure out the code to stop autoplay..."

What kind of embed is it?

It disappeared after the bump for me btw.

Inga said...

Thanks for talking about "intent". I think Trump's intent is unmistakable. Loury seems to be stretching.

Ann Althouse said...

"Althouse dodges... Skipping the...."

It's extremely difficult even to acknowledge all the possible roads let alone go down them when you're trying to make a video and take turns speaking. Don't assume I don't see things or that I'm trying to avoid talking about something. I'm trying to avoid hogging all the screen time and trying not to get into unlistenable grabbagism.

Cath said...

Off topic, but that is a great haircut.

Achilles said...

I assume this is the element you are trying to insert the video into although it has a weird body tag inside the iframe tag. I took all of the >< markers out until I figure out how to comment them out. But they go in the normal places.

iframe allowfullscreen="" frameborder="0" height="281" src="http://cdn.bloggingheads.tv/completed/bhtv-2017-03-24-loury-althouse.mp4" width="500"


/iframe

Pretty sure autostart="false" after height="281" or really anywhere in the initial tag will keep it from auto playing. I haven't used blogger and I am not sure if there is a way to actually edit the html.

rhhardin said...

With flashblock it just asks where to save the .mp4 file, which is actually handy if your internet connection tends to go spotty in videos.

rhhardin said...

It's extremely difficult even to acknowledge all the possible roads...

It was a pretty important road, that evidence didn't matter in the first place in this case.

The point about evidence of intention was nicely argued, but its relevance was nil.

I kept thinking.

PB said...

I embrace browser extensions to control video playback. I use one to block autoplay and another to control playback speed. This last one is the most valuable extension I've come across. I usually speed up playback 20% to 30%.

exiledonmainstreet said...

The video isn't showing up at all on my computer. That's a shame because I like listening to Loury, even though I frequently disagree with him, more than I like the ones with Wright. Loury seems to me to be a more thoughtful man.

Hagar said...

It is how parliamentary government works. The leader of the majority party is requested to form a government. It is the party that is elected.

Ann Althouse said...

@exiled

I give you the bhtv link. The video is there too.

Ann Althouse said...

"Pretty sure autostart="false" after height="281" or really anywhere in the initial tag will keep it from auto playing. I haven't used blogger and I am not sure if there is a way to actually edit the html."

Had tried that or something like that.

Tried again with exactly that and it didn't work.

Ann Althouse said...

BHTV used to provide embedding code, but it doesn't anymore, so I clicked on the MP4 then inserted that code into iframe code that works for other video. Other video DOESN'T autostart, so why does this autostart?

exiledonmainstreet said...

@exiled

I give you the bhtv link. The video is there too.

Thank you!

Achilles said...

Ann Althouse said...

Tried again with exactly that and it didn't work.

My bad. Just went through the docs. Sad!

iframe developer docs. =(

You are right. It might be a page option.

Fred Drinkwater said...

After 6 months of no problems with my Tesla Model 6A, it unexpectedly autostarted this evening and drove to a local gas station to meet a much older vehicle.
I'm gobsmacked. This never happened in the old days.

exiledonmainstreet said...


It's a good discussion.

I focused in on your comment that the most brilliant people you know are people you would not want to see in positions of power. I thought of the most brilliant people I have ever met - and I wouldn't want them to have political power either, however fascinating they might be to listen to.

A small bone to pick with Loury - the Koch brothers are globalist open border guys, not Trump supporters. I have brought that up with several people who told me that, of course, Trump had Koch money backing him. No, he did not.

kevino said...

I'll check it out. Glenn is very good. I recently discovered his work, and I've found him to be a great source of interesting ideas.

exiledonmainstreet said...

And yeah, that's a good hair style.

Ann Althouse said...

Thanks for the appreciation of the haircut. That was less than a week old. From my longtime haircutter. Before her, I cut my own hair! It's been about 25 years.

ajf said...

Set autoplay to false in the video tag not the iframe. it's currently defaulting to true:

video controls="" autoplay="" name="media" style="max-width: 100%; max-height: 100%;"></video

Mary Beth said...

I'm not sure you can turn off the autoplay since the videos on the bloggingheads site autoplay and the iframe is just letting you embed that page into your blog page.

The Toothless Revolutionary said...

Awwwwww... you tell 'em, lil' Bootlicky!

5. Remember Professional Ethics.

When political leaders set a negative example, professional commitments to just practice become more important. It is hard to subvert a rule-of-law state without lawyers, or to hold show trials without judges. Authoritarians need obedient civil servants, and concentration camp directors seek out businessmen interested in cheap labor.

Timothy Snyder. On Tyranny: Twenty Lessons from the Twentieth Century. Penguin Random House LLC. NY. 2017.

Rusty said...

So. TTR. Pretty much a conviction of the whole Obama administrtion.

Ann Althouse said...

I solved the embedding problem by using Firefox instead of Safari. I could get code straight from the site to embed and I can do individual clips.

damikesc said...

One quick correction to "Hitler was elected."

Hitler never won a majority.

He was elected with a plurality.

This means the majority of the German people voted against him.


Yeah, that meme always annoyed me. The Nazis and Hitler won a lot of seats in the Reichstag. They never actually won a majority. He only won a majority when he was able to (shockingly quickly) kill off all opposing political parties.

He wasn't elected, he was appointed Chancellor by President Von Hindenburg who felt compelled to do so because the Nazis were the largest party in the Reichstag.

He was appointed, largely, because Van Papen assured Hindenburg that he could control Hitler and stick him in a cabinet where Nazis had no power...then he put a Nazi in charge of the police which was an extremely dumb move.

Hindenburg only appointed him on Van Papen's advice.

John Christopher said...

The last 10 seconds sounds like every phone call when you're not quite exclusively dating but feel that ending things deserves a conversation instead of just ghosting.

Chuck said...

I. I agree; it is fair to compare Trump's criticism of federal district judges and the Ninth Circuit, with Obama's criticism of Citizens United with the justices sitting right in front of him. Obama's criticism was in fact more fundamentally unsound than was Trump's. Obama misstated the holding; and Justice Alito rightfully shook his head in disagreement/disbelief. And Trump's criticism was less serious while more personally insulting. Point taken, Althouse. I took issue with both presidents as they made their respective comments.

II. At the same time, with regard to the Gorsuch nomination, let's remember that Gorsuch was asked privately by Senator Blumenthal for his take on Trump's comments. And Gorsuch told him; "disheartening" and "demoralizing." It might have ended there. It didn't, because Trump then Tweeted -- falsely -- that Senator Blumenthal had "mischaracterized" Gorsuch. Blumenthal didn't mischaracterize Gorsuch. Gorsuch repeated his words under oath and in the glare of national live television. That is the bottom line in that controversy; Trump lied, again, in an intemperate Tweet.

III. A wonderful explanation by Althouse of the "political theater" in federal judicial nomination hearings, post-Bork. And also just as true; how the modern process is likely to filter out some of the most interesting intellectuals in the law. 100% correct. I only wish, that when Glenn raised his interaction with Judge Bork, there had been more focus on the tremendous dividing line, with the Democrats' borking of Judge Bork. Before then, Scalia had been confirmed 98-0. Burger had been confirmed to replace Earl Warren, 74-3. Stevens 98-0. O'Connor 99-0. Powell 89-1. Blackmun 94-0. (Rhenquist was confirmed with easy majorities, but there was Democratic opposition because he had a long political history in Washington. Such that he might not even be a nominee, today.)

The fact is, that the mess that Althouse correctly describes began with Bork. Thoroughly. Bork's defeat led to Justice Kennedy. And Kennedy authored Lawrence, Windsor and Obergefell. No line of cases has ever be so important and at the same time linked with one single Justice, as with Kennedy and the homosexual rights cases. That makes the Bork fight all the more memorable, and painful.

IV. For a non-lawyer, Glenn does a very fine job of reciting Shelby County v. Holder. And Althouse follows up with a spot-on summary of the practical significance of the decision.

V. My goodness, I wish that Professor Althouse was on national tv when she said, "You know, it doesn't really say that," in response to Glenn's lay-presumption that Citizens United created some sort of unusual "personhood" for corporations. The AEI and the ACLU equally support Citizens United; and Althouse ought to feel secure in siding with the right on that one.