Impeachment And Trial

House Speaker Nancy Pelosi (D, CA) is continuing to refuse to deliver her caucus’ Article of Impeachment to the Senate for trial.  Leave aside the premises that by withholding her Articles, she is confessing that her caucus has no case to present for trial or that she is functionally absolving President Donald Trump of any impeachable wrong-doing.  As The Wall Street Journal noted, her move only trivializ[es] a serious constitutional power and process. As the WSJ further noted,

There’s nothing in the Constitution that says impeachment requires a formal transmittal of the articles to the Senate, whether by sedan chair or overnight FedEx, or that the House must appoint impeachment managers.

Here, though, the WSJ misstated the case:

If she never sends the articles and there is no trial, she will have effectively trampled on executive power and Senate prerogatives by maligning a President without the chance for acquittal at trial.

The claim is certainly true in the latter part, if there is no trial; however, Pelosi’s not sending along the Articles does not mean there can be no trial.

The Progressive-Democrat caucus’ Articles of Impeachment are recorded in the House Journal IAW our Constitution’s Article I, Section 5:

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy….

Of course, there’s nothing requiring Secrecy in the publicly done impeachment process.  The Senate can simply collect the Articles from the House’s publicly available Journal and proceed from there. If current Senate Rules don’t have provision for that, it’s a simply enough matter—a majority vote—to adjust its Rules.

Even with the Articles collected on Senate initiative, its current Rules say that a trial can’t be begun until the House appoints its impeachment managers, which Pelosi also is refusing to do. This is another easy adjustment to relevant Senate Rules.

The Progressive-Democrats have impeached our President, and with that, the House’s role in the process is done. All that’s happening now on the House side is a toddler’s temper tantrum, a toddler holding his breath until he turns…blue.

Capitalism and the Progressive-Democratic Party

Barton Swaim, in his Wall Street Journal op-ed, pointed out “socialists'” error when they claim that capitalism is a system.  Their attempts at such a definition—whether of economics, or politics, of…whatever—is necessary, though, in order for them to draw their supposedly favorable comparisons between the socialism flavor of the moment and capitalism.

But capitalism isn’t a system at all, as Simone Weil pointed out 80 years ago, using the then-European economy as her example, and which Swaim cited:

…consists in certain methods of production, consumption, and exchange, which are continually varying, however, and which depend upon certain fundamental relationships: between the production and the circulation of goods, between the circulation of goods and money, between money and production, between money and consumption.

Or, it’s consumers and producers, buyers and sellers, coming together entirely voluntarily and of their own volition, to exchange things each party valued for valued things the other party had—and after which exchange, all parties were better off than they were before the exchange.

The critical part of this arrangement, this unsystematic economy, consists in its voluntary and self-initiated nature.  It cannot be a system because it does not even approach anything systematic.

Sadly, the obfuscation of “systematizing” what they claim to be “capitalism” is all that the 21st century crop of socialists, the Left and its Progressive-Democratic Party, have. They certainly have no coherent economic, or political, or whatever policies on which to expound, other than these:

  1. Big Government is the answer

Then recursively,

2. Raising taxes

3. Raising Government spending

Harms in Public Spaces

The Brits are working out a new way to intervene in private lives and in private businesses, this time in an attempt to control “harms” done via (not by, mind you) “online platforms”—social media.

Under the [British] government’s proposal, a new regulator would have the power to require companies to protect users from a number of identified online harms—such as pornography, extremist content, and cyber bullying.

And

[T]he pair talked through the different terms that had been used to describe social media in a legal context, looking for the right analogy. They tried “platform,” “pipe” and “intermediary.” Nothing seemed to fit. Then “we thought of a ‘public space,'” says Ms Woods. “People do different things online. It was just like ‘how do we regulate spaces?'”

“Identified” online harms? We can’t even define the harms—such as pornography, extremist content, and cyber bullying.  Even Supreme Court Justice Potter Stewart ultimately walked back his foolish I know it when I see it nonsense, recognizing that such a nebulous “definition” had no place in law.

We have not—we cannot—define any of these harms, much less what constitutes a “public space;” there is no basis for Government regulating these things.

Nor have we succeeded in recognizing who actually is responsible for these harms, whether public or private.  See the disconnect, at a high level, between the Left’s Big Government is responsible on the one hand and the Right’s focus on individual responsibility on the other.

The British government may want to create a whole new, intrusive bureaucratic agency for controlling one more aspect of British citizens’ lives. When we wrote our Constitution and ratified it those two and a quarter centuries ago, we explicitly walked away from the British system of governance for a number of reasons; central among them being the illegitimacy of Government intrusions into private lives.

This is one more example.

Is Buttigieg For Sale?

In Thursday’s Progressive-Democratic Party debate, in the context of ridiculing competing Party Presidential Candidate Pete Buttigieg’s fund raiser with rich folks in a “wine cave,”  Party Presidential candidate and Senator Elizabeth Warren (D, MA) said,

Billionaires in wine caves should not pick the next president of the United States.

Sure sounds like she’s accusing Buttigieg of raffling himself off to the highest bidder. Wine sellers, though, seem to be jake with Warren, including, if not $900 bottles of wine, at least $1,000/donation bottles of wine.

Her accusation, too, stands in sharp contrast with her decision not to call out two billionaires who are trying to buy their own way, first, into the nomination and then into the White House: Tom Steyer and Michael Bloomberg.

Data Transfer and Privacy

The European Union’s Court of Justice had recommended to it by an adviser to the court in a particular case involving Facebook that

Companies, including US tech giants, should be blocked from transferring European users’ data in some cases if they can’t guarantee it will be handled in compliance with European Union privacy laws….

That would seem to include a large number of international companies besides ours. Yet several EU member nations are moving apace to bring Huawei into their communications networks….

Hmm….