A Misunderstanding

This time by Europe’s nations. The annual China-EU CEO and Former Senior Officials Dialogue is a secretive congregation of 40 chief executives, top officials, and academics from Europe and the People’s Republic of China, and it was quietly canceled last month. Europe’s organizers rejected the PRC’s attempts to ban from attending anyone who dared criticize the PRC.

So far, so good.

The misunderstanding is this:

…difficult balance Europe is trying to strike between safeguarding business interests and upholding democratic values….

Those aren’t opposing interests that must be “balanced”—traded off one against the other—in order to achieve some sort of supposed optimum. They are synergistic interests, each of which potentiates the other.

But they’re far more than that, too. Each is a Critical Item for the other; if either doesn’t exist, the other cannot exist.

Democratic values provide the necessary economic framework for enhancing business interests. It is those democratic values that are at the core of liberty, in this context particularly of private property rights. John Adams recognized private property ownership as necessary for individual safety, security, and happiness. Adam Smith wrote roughly contemporaneously of the necessary role private property holds in achieving national prosperity. Hernando De Soto wrote of the criticality of private property rights to individual liberty and to the prosperity of the nations in which free peoples reside. Absent these values, the only interests that get enhanced are those of a few oligarchs and those populating the government reigning over that economy.

Business interests from within that economic framework feed back into those democratic values by increasing the economic prosperity not only of business owners, but of business’ employees and of the nations’ consumers (keep in mind, too, that employees are themselves consumers). It’s a direct feedback loop: all parties to a voluntary exchange—a business interest as carried out within that democratic framework—are made better off than they were before the exchange since each gains something of value to him that he did not have before. This applies for business-business exchanges, business-employee exchanges, business-consumer exchanges.

The feedback loop is an extended one, also. As businesses produces what consumers want, more gets consumed, which produces funds for more production, more hiring, more innovation, more of what consumers want—and greater prosperity for all participants however indirectly they participate. And, as Adams recognized, that greater prosperity enhances individual freedoms.

Europe’s prosperity—and its freedom in the face of aggressively acquisitive nations like the PRC and Russia—depends on those nations clarifying their misunderstanding.

Secession

Texas State Congressman Kyle Biedermann (R, Fredricksburg) is in the middle of trying for a referendum to have the State secede from the United States.

The federal government is out of control and does not represent the values of Texans. That is why I am committing to file legislation this session that will allow a referendum to give Texans a vote for the State of Texas to reassert its status as an independent nation[.]

I’ll be brief.

No.

I will not leave my nation. The Leftist States are free to leave—I’ll hold the door for them—but this is my nation, and I will abandon it no more than I will be driven from any other part of my home.

Full stop.

I’ll be brief in another direction.

Biedermann claims to be a Republican. He is not. He is a coward. Our nation is worth fighting for; only cowards run from that.

Obfuscating Harm

The Wall Street Journal has an opinion on the nature of Texas’ suit against four other States regarding their conduct of the 2020 Presidential election in their States.

This legal analysis will upset many readers….

The Editors’ analysis is itself flawed:

Can a state be harmed by the way other states conduct their elections?

and

This one [Texas’ suit] concerns election law in states other than Texas.

And many other, similar statements. These are attempts to change the subject that would make Saul Alinsky proud.

The case Paxton, et al., have brought to the Supreme Court is about the defendant four States’ violations of their laws, not about those laws themselves, and through those violations, those States’ violations of our Constitution. Of course, one State cannot be harmed by the way other States conduct their elections—unless those States conduct their elections in illegal ways. In that case, the harm is grave, indeed.

There’s this, too, regarding the harm the States of Texas, et al., suffered, as summarized by Hans von Spakovsky, writing in The Daily Signal:

Additionally, the one-person, one-vote principle “requires counting valid votes and not counting invalid votes.” This damaged Texas because in “the shared enterprise of the entire nation electing the president and vice president, equal protection violations in one state can and do adversely affect and diminish the weight of votes cast in states that lawfully abide by the election structure set forth in the Constitution.”

Thus, the question is whether a State can be harmed by another State’s disregard for the Constitution that binds them together and that other State’s violation(s) of its own election laws. Whether one State can be harmed by the way another State conducts its elections is a cynically offered strawman.

With regard to the remedy Texas is requesting, the press—not only the WSJ—has distorted that as well, claiming that Texas wants the elections in those States thrown back to those States’ legislatures. What Texas actually is asking is this, again as summarized by Spakovsky:

The state is asking for a declaratory judgement that the administration of the election by Pennsylvania, Georgia, Michigan, and Wisconsin violated the Constitution; that their Electoral College votes cannot be counted; and to order that these states “conduct a special election to appoint presidential electors.”
If the states have already appointed their presidential electors, Texas asks that their legislatures be directed “to appoint a new set of presidential electors in a manner that does not violate the Electors Clause and the Fourteenth Amendment, or to appoint no presidential electors at all.”

Of course, a special election or any other manner that does not violate the Electors Clause and the Fourteenth Amendment need not be done solely by any State’s legislature.

Regarding already completed certifications (another concern of the WSJ), if those certifications were of illegally achieved outcomes, there is nothing lost and everything gained by setting them aside. The inconvenience to some of the set-aside isn’t relevant.

One last point. The press is constantly claiming that these efforts are aimed at overturning the election results. This, too, is an Alinsky-esque distortion of impressive magnitude. The results of the election are what the people decided with our collective votes. These efforts—the Texas effort in particular—is about upholding the election results by removing the obstacles of those four States’ illegally conducted election processes. Until those obstacles are removed, we cannot know the people’s choice, we cannot know the election’s outcome.

In the event, the Supreme Court declined Friday night to hear Texas’ case.

Pocket Veto

This week, the House passed the National Defense Appropriation Act with enough votes that, if repeated, would override a Presidential veto.

President Donald Trump has said he’ll veto the bill because it doesn’t include repeal of Section 230, which confers immunity from publication-related liability on Facebook, Twitter, Alphabet, and a few others.

Now the bill goes to the Senate for passage, and then to the President.

Here’s the thing, folks. As I write this post, it’s 9 December. Congress recesses at COB 18 December.

If Congress doesn’t extend its session and not go on recess as currently scheduled, the President can simply not sign the bill into law, and it’ll be pocket vetoed with no opportunity for an override vote in each house.

Here’s what Article I, Section 7 of our Constitution has to say on Presidential vetoes [emphasis added]:

If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

We’re already inside those 10 days.