U.s. Grant Quotes

But my later experience has taught me two lessons: first, that things are seen plainer after the events have occurred; second, that the most confident critics are generally those who know the least about the matter criticised.

As time passes, people, even of the South, will begin to wonder how it was possible that their ancestors ever fought for or justified institutions which acknowledged the right of property in man.

But when you talk about Nabokov and Coover, you’re talking about real geniuses, the writers who weathered real shock and invented this stuff in contemporary fiction. But after the pioneers always come the crank turners, the little gray people who take the machines others have built and just turn the crank, and little pellets of metafiction come out the other end. The crank-turners capitalize for a while on sheer fashion, and they get their plaudits and grants and buy their IRAs and retire to the Hamptons well out of range of the eventual blast radius. There are some interesting parallels between postmodern crank-turners and what’s happened since post-structural theory took off here in the U.S., why there’s such a big backlash against post-structuralism going on now. It’s the crank-turners fault. I think the crank-turners replaced the critic as the real angel of death as far as literary movements are concerned, now. You get some bona fide artists who come along and really divide by zero and weather some serious shit-storms of shock and ridicule in order to promulgate some really important ideas. Once they triumph, though, and their ideas become legitimate and accepted, the crank-turners and wannabes come running to the machine, and out pour the gray pellets and now the whole thing’s become a hollow form, just another institution of fashion. Take a look at some of the critical-theory Ph.D. dissertations being written now. They’re like de Man and Foucault in the mouth of a dull child. Academia and commercial culture have somehow become these gigantic mechanisms of commodification that drain the weight and color out of even the most radical new advances. It’s a surreal inversion of the death-by-neglect that used to kill off prescient art. Now prescient art suffers death-by acceptance. We love things to death, now. Then we retire to the Hamptons.

To maintain peace in the future it is necessary to be prepared for war.

Back then, only select professionals from Asia were granted visas to the United States: doctors, engineers, and mechanics. This screening process, by the way, is how the whole model minority quackery began: the U.S. government only allowed the most educated and highly trained Asians in and then took all the credit for their success. See! Anyone can live the American Dream! they’d say about a doctor who came into the country already a doctor.

The natural disposition of most people is to clothe a commander of a large army whom they do not know, with almost superhuman abilities. A large part of the National army, for instance, and most of the press of the country, clothed General Lee with just such qualities, but I had known him personally, and knew that he was mortal; and it was just as well that I felt this.

Tamping down my emotions as the justice spoke to the audience, I looked over at a pair of handsome young Korean American boys—Sotomayor’s adopted nephews—squirming in their Sunday best. They would take for granted that their aunt was on the U.S. Supreme Court, shaping the life of a nation—as would kids across the country. Which was fine. That’s what progress looks like.

I am not aware of ever having used a profane expletive in my life; but I would have the charity to excuse those who may have done so, if they were in charge of a train of Mexican pack mules at the time. CHAPTER VIII.

nothing could be more dishonorable than to accept high rank and command in war and then betray the trust.

While a battle is raging one can see his enemy mowed down by the thousand, or the ten thousand, with great composure; but after the battle these scenes are distressing, and one is naturally disposed to do as much to alleviate the suffering of an enemy as a friend.

I thought how little interest the men before me had in the results of the war, and how little knowledge they had of “what it was all about.

No political party can or ought to exist when one of its corner-stones is opposition to freedom of thought and to the right to worship God “according to the dictate of one’s own conscience,” or according to the creed of any religious denomination whatever.

General Lee was dressed in a full uniform which was entirely new, and was wearing a sword of considerable value, very likely the sword which had been presented by the State of Virginia; at all events, it was an entirely different sword from the one that would ordinarily be worn in the field. In my rough traveling suit, the uniform of a private with the straps of a lieutenant-general, I must have contrasted very strangely with a man so handsomely dressed, six feet high and of faultless form. But this was not a matter that I thought of until afterwards.

Throughout this section, I’m gonna be calling the United States of America “AMERICA” and you are going to deal with this because America is just flat out easier to type than “The States” or “The U.S. of A.” or “That Big Basket of Jerks under Canada

Every one has his superstitions. One of mine is that in positions of great responsibility every one should do his duty to the best of his ability where assigned by competent authority, without application or the use of influence to change his position.

Even viewed conservatively, trees are worth far more than they cost to plant and maintain. The U.S. Forest Service's Center for Urban Forest Research found a ten-degree difference between the cool of a shaded park in Tucson and the open Sonoran desert. A tree planted in the right place, the center estimates, reduces the demand for air conditioning and can save 100 kilowatt hours in annual electrical use, about 2 to 8 percent of total use. Strategically planted trees can also shelter homes from wind, and in cold weather they can reduce heating fuel costs by 10 to 12 percent. A million strategically planted trees, the center figures, can save $10 million in energy costs. And trees increase property values, as much as 1 percent for each mature tree. These savings are offset somewhat by the cost of planting and maintaining trees, but on balance, if we had to pay for the services that trees provide, we couldn't afford them. Because trees offer their services in silence, and for free, we take them for granted.

Since 1949, the United States has passed to Israel more than $100 billion in grants and $10 billion in special loans.36 Other bodies not part of the administration annually transfer to Israel $1 billion. This is larger than the amount of money transferred by the United States to North Africa, South America, and the Caribbean put together.

I gave up all idea of saving the Union except by complete conquest. Up to that time it had been the policy of our army, certainly of that portion commanded by me, to protect the property of the citizens whose territory was invaded, without regard to their sentiments, whether Union or Secession.

The Southern rebellion was largely the outgrowth of the Mexican war. Nations, like individuals, are punished for their transgressions. We got our punishment in the most sanguinary and expensive war of modern times. The 4th infantry went into camp at Salubrity in the month of May, 1844, with instructions, as I have said, to await further orders.

I do not believe I ever would have the courage to fight a duel. If any man should wrong me to the extent of my being willing to kill him, I would not be willing to give him the choice of weapons with which it should be done, and of the time, place and distance separating us, when I executed him.

[The Mexican war made three presidential candidates, Scott, Taylor and Pierce—and any number of aspirants for that high office. It made also governors of States, members of the cabinet, foreign ministers and other officers of high rank both in state and nation. The rebellion, which contained more war in a single

I felt that 15,000 men on the 8th would be more effective than 50,000 a month later.

in May, 1860, removed to Galena, Illinois, and took a clerkship in my father’s store.

The Mississippi was now in our possession from its source to its mouth, except in the immediate front of Vicksburg and of Port Hudson.

The cause of the great War of the Rebellion against the United Status will have to be attributed to slavery.

the question of who devised the plan of march from Atlanta to Savannah is easily answered: it was clearly Sherman, and to him also belongs the credit of its brilliant execution.

The problem for us was to move forward to a decisive victory, or our cause was lost.

On several occasions during the war he came to the relief of the Union army by means of his SUPERIOR MILITARY GENIUS.

Speak softly, but carry a big stick. —Theodore Roosevelt, U.S. president

Congress passed the measure, and Grant signed the bill on his last full day in office, giving General William Tecumseh Sherman, commander of the U.S. Army, the opportunity to choose which island.

The President said: “General Grant, the nation’s appreciation of what you have done, and its reliance upon you for what remains to be done in the existing great struggle, are now presented, with this commission constituting you lieutenant-general in the Army of the United States. With this high honor, devolves upon you, also, a corresponding responsibility. As the country herein trusts you, so,

He said to me that I might want an officer who had served with me in the West, mentioning Sherman specially, to take his place. If so, he begged me not to hesitate about making the change. He urged that the work before us was of such vast importance to the whole nation that the feeling or wishes of no one person should stand in the way of selecting the right men for all positions. For himself, he would serve to the best of his ability wherever placed. I assured him that I had no thought of substituting any one for him. As to Sherman, he could not be spared from the West. This incident gave me even a more favorable opinion of Meade than did his great victory at Gettysburg the July before. It is men who wait to be selected, and not those who seek, from whom we may always expect the most efficient service.

Sherman’s army, after all the depletions, numbered about sixty thousand effective men. All weak men had been left to hold the rear, and those remaining were not only well men, but strong and hardy, so that he had sixty thousand as good soldiers as ever trod the earth; better than any European soldiers, because they not only worked like a machine but the machine thought. European armies know very little what they are fighting for, and care less.

The State government of Kentucky at that time was rebel in sentiment, but wanted to preserve an armed neutrality between the North and the South, and the governor really seemed to think the State had a perfect right to maintain a neutral position.

The July 1848 Seneca Falls women’s rights convention—brought about by Elizabeth Cady Stanton and Lucretia Mott, among others—issued a “Declaration of Sentiments and Resolutions” that sanctified a movement’s creed: “We hold these truths to be self-evident: that all men and women are created equal.” The italics are mine; the vision the suffragists’. Susan B. Anthony, an essential figure, echoed the point down the years: “It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed this Union,” she said in 1873 after she illegally cast a ballot for U. S. Grant for president. “And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people—women as well as men.

From that age until seventeen I did all the work done with horses, such as breaking up the land, furrowing, ploughing corn and potatoes, bringing in the crops when harvested, hauling all the wood, besides tending two or three horses, a cow or two, and sawing wood for stoves, etc., while still attending school. For this I was compensated by the fact that there was never any scolding or punishing by my parents; no objection to rational enjoyments, such as fishing, going to the creek a mile away to swim in summer, taking a horse and visiting my grandparents in the adjoining county, fifteen miles off, skating on the ice in winter, or taking a horse and sleigh when there was snow on the ground. While still quite young I had visited Cincinnati, forty-five miles away, several times, alone; also Maysville, Kentucky, often, and once Louisville. The journey to Louisville was a big one for a boy of that day. I had also gone once with a two-horse carriage to Chilicothe, about seventy miles, with a neighbor’s family, who were removing to Toledo, Ohio, and returned alone; and had gone once, in like manner, to Flat Rock, Kentucky, about seventy miles away. On this latter occasion I was fifteen years of age.

People who suffer the most from a given state of affairs are paradoxically the least likely to question, challenge, reject, or change it.” To explain this peculiar phenomenon, Jost’s team developed a theory of system justification. Its core idea is that people are motivated to rationalize the status quo as legitimate—even if it goes directly against their interests. In one study, they tracked Democratic and Republican voters before the 2000 U.S. presidential election. When George W. Bush gained in the polls, Republicans rated him as more desirable, but so did Democrats, who were already preparing justifications for the anticipated status quo. The same happened when Al Gore’s likelihood of success increased: Both Republicans and Democrats judged him more favorably. Regardless of political ideologies, when a candidate seemed destined to win, people liked him more. When his odds dropped, they liked him less. Justifying the default system serves a soothing function. It’s an emotional painkiller: If the world is supposed to be this way, we don’t need to be dissatisfied with it. But acquiescence also robs us of the moral outrage to stand against injustice and the creative will to consider alternative ways that the world could work.

But the real reasons why scientists promote accommodationism are more self-serving. To a large extent, American scientists depend for their support on the American public, which is largely religious, and on the U.S. Congress, which is equally religious. (It’s a given that it’s nearly impossible for an open atheist to be elected to Congress, and at election time candidates vie with one another to parade their religious belief.) Most researchers are supported by federal grants from agencies like the National Science Foundation and the National Institutes of Health, whose budgets are set annually by Congress. To a working scientist, such grants are a lifeline, for research is expensive, and if you don’t do it you could lose tenure, promotions, or raises. Any claim that science is somehow in conflict with religion might lead to cuts in the science budget, or so scientists believe, thus endangering their professional welfare.

For example, if the U.S. government suddenly imposed a requirement that employers grant all workers a minimum of two hours each day for lunch, then labor-intensive industries would suffer. Foreign manufacturers—who would be exempt from U.S. labor laws—could easily undercut U.S. manufacturers in products where the United States had originally employed a large number of workers. Rather than enjoying a longer lunch break, many of these workers would be thrown out of work immediately. There would be no question, even in the short run, that the pro-labor legislation had actually hurt many of the people it was designed to help.

Mr. Lincoln gained influence over men by making them feel that it was a pleasure to serve him. He preferred yielding his own wish to gratify others, rather than to insist upon having his own way. It distressed him to disappoint others. In matters of public duty, however, he had what he wished, but in the least offensive way.

zone of twilight” in which “the president acts in absence of either a congressional grant or denial of authority.” He then “can only rely upon his own independent powers,” and whether that reliance is legitimate “is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law.

...I found out that many subjects were taboo from the white man's point of view. Among the topics they did not like to discuss with Negros were the following: American white women; the Ku Klux Klan; France, and how Negro soldiers fared while there; French women; Jack Johnson; the entire northern part of the United States; the Civil War; Abraham Lincoln; U.S. Grant; General Sherman; Catholics; the Pope; Jews; the Republican Party; slavery; social equality; Communism; Socialism; the 13th and 14th Amendments to the Constitution; or any topic calling for positive knowledge or manly self-assertion on the Part of the Negro. The most accepted topics were sex and religion.

These reconnoissances were made under the supervision of Captain Robert E. Lee, assisted by Lieutenants P. G. T. Beauregard, Isaac I. Stevens, Z. B. Tower, G. W. Smith, George B. McClellan, and J. G. Foster, of the corps of engineers, all officers who attained rank and fame, on one side or the other, in the great conflict for the preservation of the unity of the nation.

my own feelings, which had been quite jubilant on the receipt of his letter, were sad and depressed. I felt like anything rather than rejoicing at the downfall of a foe who had fought so long and valiantly, and had suffered so much for a cause, though that cause was, I believe, one of the worst for which a people ever fought, and one for which there was the least excuse

My New book will be released May 1,2020. I cannot envision a quick rebound for the U.S. economy, which has already suffered more than 16 million job losses in the past three weeks.  Im releasing my new book 6 months earlier than scheduled to help those looking to create a new business or piviot an existing business. The entrepreneurs mindset is all about adapting and adjusting for success.

Inasmuch as he had relieved Johnston and appointed Hood, and Hood had immediately taken the initiative, it is natural to suppose that Mr. Davis was disappointed with General Johnston’s policy. My own judgment is that Johnston acted very wisely: he husbanded his men and saved as much of his territory as he could, without fighting decisive battles in which all might be lost. As Sherman advanced, as I have show, his army became spread out, until, if this had been continued, it would have been easy to destroy it in detail. I know that both Sherman and I were rejoiced when we heard of the change. Hood was unquestionably a brave, gallant soldier and not destitute of ability; but unfortunately his policy was to fight the enemy wherever he saw him, without thinking much of the consequences of defeat.

The copperhead disreputable portion of the press magnified rebel successes, and belittled those of the Union army. It was, with a large following, an auxiliary to the Confederate army. The North would have been much stronger with a hundred thousand of these men in the Confederate ranks and the rest of their kind thoroughly subdued, as the Union sentiment was in the South, than we were as the battle was fought.

No political party can or ought to exist when one of its corner-stones is opposition to freedom of thought and to the right to worship God “according to the dictate of one’s own conscience,” or according to the creed of any religious denomination whatever. Nevertheless, if a sect sets up its laws as binding above the State laws, wherever the two come in conflict this claim must be resisted and suppressed at whatever cost.

This sort of reading of the Apocalypse was nowhere more eloquently performed than in the simple anthem of the U.S. Civil Rights movement: “We Shall Overcome.” The word “overcome” was taken from the King James Version’s rendering of the verb nikan, used pervasively in Revelation and translated in most modern versions as “conquer.”33 The word is used in the refrain of promise that concludes each of the letters to the seven churches. For example, “To him that over-cometh will I grant to sit with me in my throne, even as I also overcame, and am set down with my Father in his throne” (3:21, KJV). As freedom marchers from the black churches joined hands and sang, “We shall overcome someday,” they were expressing their faith that, despite their lack of conventional political power, their witness to the truth would prevail over violence and oppression.

He was a large, austere man, and I judge difficult of approach to his subordinates. To be extolled by the entire press of the South after every engagement, and by a portion of the press North with equal vehemence, was calculated to give him the entire confidence of his troops and to make him feared by his antagonists. It was not an uncommon thing for my staff-officers to hear from Eastern officers, “Well, Grant has never met Bobby Lee yet.” There were good and true officers who believe now that the Army of Northern Virginia was superior to the Army of the Potomac man to man. I do not believe so, except as the advantages spoken of above made them so. Before the end I believe the difference was the other way. The Army of Northern Virginia became despondent and saw the end. It did not please them. The National army saw the same thing, and were encouraged by

the great advantage the South possessed over the North at the beginning of the rebellion. They had from thirty to forty per cent. of the educated soldiers of the Nation. They had no standing army and, consequently, these trained soldiers had to find employment with the troops from their own States. In this way what there was of military education and training was distributed throughout their whole army. The whole loaf was leavened.

CAIR officials have even been granted access to airport security procedures. In June 2006, U.S. Customs and Border Protection agents gave CAIR officials a tour of security operations at Chicago’s O’Hare International Airport. According to CAIR’s Chicago office, “the group walked through Customs and Borders operations beginning at the point of entry for passenger arrival to customs stations, agricultural screening, and the interview rooms.

Both women were mothers of children caught up in mind control cover-up, one of which paralleled Kelly’s and my case. She, too, had volumes of documents and evidences whereby it was inexcusable that justice had not prevailed. The other mother conveyed a story that touched me so deeply it undoubtedly will continue to motivate me with reverberating passion forever. This mother was very weak from the final stages of cancer and chemotherapy, and tears slid down her pale gray cheeks as she told me her story. When she reported sexual abuse of her three daughters, the local court system took custody of them. The children appeared dissociative identity disordered from their ordeal, yet were reportedly denied therapy and placed in Foster care “since the mother was dying anyway.” When she finally was granted brief visitation with her precious daughters, they looked dazed and robotic with no memory of her or their sexual abuse. Mind control was apparent to this mother, and she struggled to give voice to their plight to no avail. She explained how love and concern for her children had kept her alive far longer than her doctors thought possible. She embraced me and said, “Now I can die in peace knowing that you are out there talking, raising awareness with the same passion for justice and love for children that I have. Thank you. Please keep talking. Please remember my daughters.

At that time I found that many of the citizens had been living under ground. The ridges upon which Vicksburg is built, and those back to the Big Black, are composed of a deep yellow clay of great tenacity. Where roads and streets are cut through, perpendicular banks are left and stand as well as if composed of stone. The magazines of the enemy were made by running passage-ways into this clay at places where there were deep cuts. Many citizens secured places of safety for their families by carving out rooms in these embankments. A door-way in these cases would be cut in a high bank, starting from the level of the road or street, and after running in a few feet a room of the size required was carved out of the clay, the dirt being removed by the door-way. In some instances I saw where two rooms were cut out, for a single family, with a door-way in the clay wall separating them. Some of these were carpeted and furnished with considerable elaboration. In these the occupants were fully secure from the shells of the navy,

...girl reached across her desk and pulled the computer keyboard over. “What’s his name?” she said. “Crowley,” Julianna said, surprised. “Christopher Wayne Crowley.” “I shouldn’t do this.” The girl looked back up at Genevieve and laughed. “But fuck it, right?” Genevieve's disappearance from the state fair had been news for about a day. Okay, maybe for a couple of weeks. She was beautiful—the Daily Oklahoman ran her picture with every story, a photo of her from the previous year’s U. S. Grant High School yearbook. Genevieve had thought the photo...

no arguments are held after the end of April, so the justices spend May and June working on opinions in any cases from the term’s seven argument sittings that remain undecided. (To keep this system running, new cases that are granted after January are not scheduled for argument until the following fall, after the next term begins.) Unlike many other courts that fall behind by carrying cases over from one term to the next, the Supreme Court remains rigorously current. Any cases the justices don’t decide by the end of the term must be set for a complete new argument in the following term.

Robert T. Lincoln, the president’s eldest son, who won fame as the “Prince of Rails” during the secession winter, was the only one of his children to live to maturity. He became U.S. secretary of war, minister to Great Britain, and president of the Pullman Company following brief service on General Grant’s staff at the end of the Civil War. Though frequently mentioned as a Republican candidate for president, Robert shunned electoral politics. He later brought his mother to trial in a successful effort to have her committed for insanity. Robert died an extremely wealthy man at age eighty-four in 1926.

On June 20, at Johnson’s behest, Attorney General James Speed ordered the U.S. attorney in Norfolk to abandon Lee’s prosecution. On the same day, Grant informed Lee that no further actions would be taken to place him behind bars. Lee predicted that the government would procrastinate in granting his pardon, though he couldn’t have predicted that his civil liberties and right to vote would not be restored until Johnson’s broad amnesty in December 1868. His citizenship wasn’t fully restored in his lifetime and more than a hundred years passed before it was posthumously accomplished through a joint congressional resolution in 1975.

All cert petitions are presumed to be denied unless the justices take further action. The first step is to move a petition from what is known informally as the “dead list” and to place it on the “discuss list” for consideration at the justices’ weekly conference. The chief justice is in charge of the discuss list and runs the conference, at which the justices speak and eventually vote in order of seniority. (The same procedure applies to the discussion and vote on cases that were argued during the week.) The conference usually takes place on Friday (Thursday in May and June), with the “orders”—the list of cases granted and denied—being issued the following Monday.

The armies of Europe are machines; the men are brave and the officers capable; but the majority of the soldiers in most of the nations of Europe are taken from a class of people who are not very intelligent and who have very little interest in the contest in which they are called upon to take part. Our armies were composed of men who were able to read, men who knew what they were fighting for, and could not be induced to serve as soldiers, except in an emergency when the safety of the nation was involved, and so necessarily must have been more than equal to men who fought merely because they were brave and because they were thoroughly drilled and inured to hardships.

Another anecdote characteristic of these times has been told. The South, prior to the rebellion, kept bloodhounds to pursue runaway slaves who took refuge in the neighboring swamps, and also to hunt convicts. Orders were issued to kill all these animals as they were met with. On one occasion a soldier picked up a poodle, the favorite pet of its mistress, and was carrying it off to execution when the lady made a strong appeal to him to spare it. The soldier replied, “Madam, our orders are to kill every bloodhound.” “But this is not a bloodhound,” said the lady. “Well, madam, we cannot tell what it will grow into if we leave it behind,” said the soldier as he went off with it.

Ulysses S. Grant (1822–85), only a decade from the U.S. presidency, pitied himself for his lack of “privileges” compared with German job seekers who seemed to have all the luck. During the Civil War, seizing a chance to legalize his prejudices, Grant enacted one of the rare nineteenth-century anti-Semitic policies. Called General Orders No. 11, it expelled all Jews, including families with children, from the Department of Tennessee in December of 1862. Grant’s excuse? He insisted that he had to control Jewish peddlers. In fact, his directive affected all Jews in Tennessee, no matter their vocation, sex, or age. President Abraham Lincoln quickly rescinded the order, but not before several families were displaced.

Ulysses S. Grant became president of the United States in 1869, and he made a priority of expanding the White House stables. During his eight years in office, he sheltered more horses than any other U.S. president. Because he never liked being driven around by a chauffeur, Grant often saddled one of his horses for a solo ride through the streets of Washington, D.C. One day, as he galloped his way down M Street, a police officer pulled him over for speeding! When the officer discovered that the law-breaker was the leader of the country, he was embarrassed. But Grant wasn’t the least bit upset. “I was speeding; you caught me,” he said. So the police officer issued him a $5 ticket, and America’s eighteenth president walked back to the White House on foot.

At that, the crowd joined in--this was one of the Free Americans' rallying cries--We are the future--a cheerful way of saying the shame of the U.S. past wasn't genocide or terror but the fact that it hadn't completely worked out yet. It was nothing I hadn't heard before, but it was rattling. It was the ubiquity or it was the persistence. It was the way the Free Americans and their claims on being the only way Americans transcended facts and time and progress, the way they always seemed to be around the corner, the way, however lacking in general insight they might be, they could somehow hear the ticking clock of the question, the Do they know I'm human yet? the way they took delight in saying no, the way they took for granted that it would always be their question to answer.

Sifting through thousands of petitions a year in order to select the dozens that will be granted is a daunting task for a nine-member court. In the mid-1970s, with the number of petitions growing rapidly, the justices found a way to lighten the load by organizing their energetic young law clerks into a “cert pool.” Under this arrangement, each petition is reviewed by a single law clerk on behalf all the justices who subscribe to the pool. This clerk writes a memo that summarizes the lower court decision and the arguments for and against review, concluding with a recommendation. The recommendation is only that. Most justices in the pool (all but one or two in recent years) assign one of their own four law clerks to review the pool recommendations from the individual justice’s own perspective.

As a legal matter, then, the case seemed straightforward enough. But it was also highly political, and it placed the authority of the Supreme Court on the line. Madison was seen as likely to defy a direct order to give Marbury his commission. How could the Supreme Court uphold the rule of law without provoking a confrontation with the executive branch that could leave the Court permanently weakened? Marshall’s solution was to assert the Court’s power without directly exercising it. His opinion for a unanimous Court—speaking in one voice in the new Marshall style, rather than through a series of separate concurring opinions as in the past—held that Marbury was due his commission but that the Court could not order it delivered. That was because the grant of “original” jurisdiction to the Supreme Court in Article III did not include writs of mandamus.

In my first interview with Mr. Lincoln alone he stated to me that he had never professed to be a military man or to know how campaigns should be conducted, and never wanted to interfere in them: but that procrastination on the part of commanders, and the pressure from the people at the North and Congress, WHICH WAS ALWAYS WITH HIM, forced him into issuing his series of “Military Orders"—one, two, three, etc. He did not know but they were all wrong, and did know that some of them were. All he wanted or had ever wanted was some one who would take the responsibility and act, and call on him for all the assistance needed, pledging himself to use all the power of the government in rendering such assistance. Assuring him that I would do the best I could with the means at hand, and avoid as far as possible annoying him or the War Department, our first interview ended.

you loved your own country, its smoothness and efficiency, its practicality, its broad, unpretentious accents and emphasis on honesty. I would say—I did say—that you were enamored of an archaic version of the U.S., either an America that was long past or that never was; that you were enamored of an idea. And you would say—did say—that part of what America was was an idea, and that was more than most countries could claim, which were mostly scrappy pasts and circumscriptions on a map. It was a fine, it was a beautiful idea, too, you said, and you pointed out—I granted you this—that a nation that aimed to preserve above all the ability of its citizens to do pretty much whatever they wanted was exactly the sort of place that should have captivated the likes of me. But it hasn’t worked out that way, I’d object, and you’d counter, better than anywhere else, and we would be off.

The Arab world has done nothing to help the Palestinian refugees they created when they attacked Israel in 1948. It’s called the ‘Palestinian refugee problem.’ This is one of the best tricks that the Arabs have played on the world, and they have used it to their great advantage when fighting Israel in the forum of public opinion. This lie was pulled off masterfully, and everyone has been falling for it ever since. First you tell people to leave their homes and villages because you are going to come in and kick out the Jews the day after the UN grants Israel its nationhood. You fail in your military objective, the Jews are still alive and have more land now than before, and you have thousands of upset, displaced refugees living in your country because they believed in you. So you and the UN build refugee camps that are designed to last only five years and crowd the people in, instead of integrating them into your society and giving them citizenship. After a few years of overcrowding and deteriorating living conditions, you get the media to visit and publish a lot of pictures of these poor people living in the hopeless, wretched squalor you have left them in. In 1967 you get all your cronies together with their guns and tanks and planes and start beating the war drums. Again the same old story: you really are going to kill all the Jews this time or drive them into the sea, and everyone will be able to go back home, take over what the Jews have developed, and live in a Jew-free Middle East. Again you fail and now there are even more refugees living in your countries, and Israel is even larger, with Jerusalem as its capital. Time for more pictures of more camps and suffering children. What is to be done about these poor refugees (that not even the Arabs want)? Then start Middle Eastern student organizations on U.S. college campuses and find some young, idealistic American college kids who have no idea of what has been described here so far, and have them take up the cause. Now enter some power-hungry type like Yasser Arafat who begins to blackmail you and your Arab friends, who created the mess, for guns and bombs and money to fight the Israelis. Then Arafat creates hell for the world starting in the 1970s with his terrorism, and the “Palestinian refugee problem” becomes a worldwide issue and galvanizes all your citizens and the world against Israel. Along come the suicide bombers, so to keep the pot boiling you finance the show by paying every bomber’s family twenty-five thousand dollars. This encourages more crazies to go blow themselves up, killing civilians and children riding buses to school. Saudi Arabia held telethons to raise thousands of dollars to the families of suicide bombers. What a perfect way to turn years of military failure into a public-opinion-campaign success. The perpetuation of lies and uncritical thinking, combined with repetitious anti-Jewish and anti-American diatribes, has produced a generation of Arab youth incapable of thinking in a civilized manner. This government-nurtured rage toward the West and the infidels continues today, perpetuating their economic failure and deflecting frustration away from the dictators and regimes that oppress them. This refusal by the Arab regimes to take an honest look at themselves has created a culture of scapegoating that blames western civilization for misery and failure in every aspect of Arab life. So far it seems that Arab leaders don’t mind their people lagging behind, save for King Abdullah’s recent evidence of concern. (The depth of his sincerity remains to be seen.)

The whole South was a military camp. The occupation of the colored people was to furnish supplies for the army. Conscription was resorted to early, and embraced every male from the age of eighteen to forty-five, excluding only those physically unfit to serve in the field, and the necessary number of civil officers of State and intended National government. The old and physically disabled furnished a good portion of these. The slaves, the non-combatants, one-third of the whole, were required to work in the field without regard to sex, and almost without regard to age. Children from the age of eight years could and did handle the hoe; they were not much older when they began to hold the plough. The four million of colored non-combatants were equal to more than three times their number in the North, age for age and sex for sex, in supplying food from the soil to support armies. Women did not work

far as General Johnston is concerned, I think Davis did him a great injustice in this particular. I had know the general before the war and strongly believed it would be impossible for him to accept a high commission for the purpose of betraying the cause he had espoused. There, as I have said, I think that his policy was the best one that could have been pursued by the whole South—protract the war, which was all that was necessary to enable them to gain recognition in the end. The North was already growing weary, as the South evidently was also, but with this difference. In the North the people governed, and could stop hostilities whenever they chose to stop supplies. The South was a military camp, controlled absolutely by the government with soldiers to back it, and the war could have been protracted, no matter to what extent the discontent reached, up to the point of open mutiny of the soldiers themselves.

Take George W. Bush: He was an unpopular two-term president. Three times, his approval rating dropped to 25 percent. [To be fair, he also had the highest approval rating of all time, very briefly. But that was immediately after 9/11 — and in the wake of domestic terrorism, a well-dressed mannequin’s approval rating might have hovered around 50.] During his last two years in office, he was hammered nonstop, periodically classified as the worst U.S. president since Ulysses Grant or James Buchanan. Yet was Bush a villain? No. He was not. He was never, ever calculating. He didn’t know the most (which is not to say he was dumb), and he didn’t care the least (which is not to say he was a paragon of empathy). He was just the guy who ended up with the job. The villain of his administration ended up being Vice President Dick Cheney, a frosty puppet master who radically expanded the powers of the presidency even though he was not the president.

Ive and Jobs have even obsessed over, and patented, the packaging for various Apple products. U.S. patent D558572, for example, granted on January 1, 2008, is for the iPod Nano box, with four drawings showing how the device is nestled in a cradle when the box is opened. Patent D596485, issued on July 21, 2009, is for the iPhone packaging, with its sturdy lid and little glossy plastic tray inside. Early on, Mike Markkula had taught Jobs to “impute”—to understand that people do judge a book by its cover—and therefore to make sure all the trappings and packaging of Apple signaled that there was a beautiful gem inside. Whether it’s an iPod Mini or a MacBook Pro, Apple customers know the feeling of opening up the well-crafted box and finding the product nestled in an inviting fashion. “Steve and I spend a lot of time on the packaging,” said Ive. “I love the process of unpacking something. You design a ritual of unpacking to make the product feel special. Packaging can be theater, it can create a story.

America’s approach to Iran’s nuclear challenge over the past decade has reprised too much of what led up to our two recent ill-fated wars. Exaggerated descriptions of the threat, false assumptions, and overly narrow reasoning have been resounding through the foreign policy punditry’s echo chamber. It is taken for granted that Iran’s nuclear program is a national and global security concern—especially in light of that country’s fairly advanced missile-delivery system—and an existential threat to Israel, an unacceptable strategic game changer that will destabilize the Middle East by eventually placing nuclear material in the hands of terrorists or leading to a regional nuclear arms race and more broadly endangering world peace by fueling nuclear proliferation. In short, Iranian nukes are a red line that must not be crossed. America will “not countenance” Iran getting nuclear weapons, said President Obama as he insisted that an American policy of pressure and coercion would ensure that that would not be the case.4 Bending Iran’s will thus became a key test of U.S. power and effectiveness, in American minds as well as those of friends and foes alike. This approach came with a large downside risk, however, for it committed America to a path of increasing pressure, backed by military threats, to realize what was from the outset an improbable goal.

During Bill Clinton’s presidency, the Palestinian terrorist Yasser Arafat was invited to spend more time in the White House than any other foreign leader—thirteen invitations.303 Clinton was dead set on helping the Israelis and Palestinians achieve a lasting peace. He pushed the Israelis to grant ever-greater concessions until the Israelis were willing to grant the Palestinians up to 98 percent of all the territory they requested. And what was the Palestinian response? They walked away from the bargaining table and launched the wave of suicide bombings and other terrorist attacks known as the Second Intifada. And what of Osama bin Laden? Even while America was granting concessions to Palestinians—and thereby theoretically easing the conditions that provided much of the pretext for Muslim terror—bin Laden was bombing U.S. embassies in Africa, almost sank the USS Cole in Yemen, and was well into the planning stages of the catastrophic attacks of September 11, 2001. After President George W. Bush ordered U.S. forces to invade Afghanistan and Iraq in 2001 and 2003, respectively, bringing American troops into direct ground combat with jihadists half a world away, many Americans quickly forgot the recent past and blamed American acts of self-defense for “inflaming” jihad. One of those Americans was Barack Obama. Soon after his election, Obama traveled to Cairo, Egypt, where he delivered a now-infamous speech that signaled America’s massive policy shifts. The United States pulled entirely out of Iraq despite the pleas of “all the major Iraqi parties.”304 In Egypt, the United States actually backed the Muslim Brotherhood government, going so far as agreeing to give it advanced F-16 fighters and M1 Abrams main battle tanks, even as the Muslim Brotherhood government was violating its peace treaty with Israel and persecuting Egypt’s ancient Coptic Christian community. The Obama administration continued supporting the Brotherhood, even when it stood aside and allowed jihadists to storm the American embassy, raising the black flag of jihad over an American diplomatic facility. In Libya, the United States persuaded its allies to come to the aid of a motley group of rebels, including jihadists. Then many of these same jihadists promptly turned their anger on the United States, attacking our diplomatic compound in Benghazi the afternoon and evening of September 11, 2012—killing the American ambassador and three more brave Americans. Compounding this disaster, the administration had steadfastly refused to reinforce the American security presence in spite of a deteriorating security situation, afraid that it would anger the local population. This naïve and foolish administration decision cost American lives.

THE SK8 MAKER VS. GLOBAL INDUSTRIALIZATION This new era of global industrialization is where my personal analogy with the history of the skateboard maker diverges. It’s no longer cost-effective to run a small skateboard company in the U.S., and the handful of startups that pull it off are few and far between. The mega manufacturers who can churn out millions of decks at low cost and record speed each year in Chinese factories employ proprietary equipment and techniques that you and I can barely imagine. Drills that can cut all eight truck holes in a stack of skateboard decks in a single pull. CNC machinery to create CAD-perfect molds used by giant two-sided hydraulic presses that can press dozens of boards in a few hours. Computer-operated cutting bits that can stamp out a deck to within 1⁄64 in. of its specified shape. And industrial grade machines that apply multicolored heat-transfer graphics in minutes. In a way, this factory automation has propelled skateboarding to become a multinational, multi-billion dollar industry. The best skateboarders require this level of precision in each deck. Otherwise, they could end up on their tails after a failed trick. Or much worse. As the commercial deck relies more and more on a process that is out of reach for mere mortals, there is great value in the handmade and one of a kind. Making things from scratch is a dying art on the brink of extinction. It was pushed to the edge when public schools dismissed woodworking classes and turned the school woodshop into a computer lab. And when you separate society from how things are made—even a skateboard—you lose touch with the labor and the materials and processes that contributed to its existence in the first place. It’s not long before you take for granted the value of an object. The result is a world where cheap labor produces cheap goods consumed by careless customers who don’t even value the things they own.

a young Goldman Sachs banker named Joseph Park was sitting in his apartment, frustrated at the effort required to get access to entertainment. Why should he trek all the way to Blockbuster to rent a movie? He should just be able to open a website, pick out a movie, and have it delivered to his door. Despite raising around $250 million, Kozmo, the company Park founded, went bankrupt in 2001. His biggest mistake was making a brash promise for one-hour delivery of virtually anything, and investing in building national operations to support growth that never happened. One study of over three thousand startups indicates that roughly three out of every four fail because of premature scaling—making investments that the market isn’t yet ready to support. Had Park proceeded more slowly, he might have noticed that with the current technology available, one-hour delivery was an impractical and low-margin business. There was, however, a tremendous demand for online movie rentals. Netflix was just then getting off the ground, and Kozmo might have been able to compete in the area of mail-order rentals and then online movie streaming. Later, he might have been able to capitalize on technological changes that made it possible for Instacart to build a logistics operation that made one-hour grocery delivery scalable and profitable. Since the market is more defined when settlers enter, they can focus on providing superior quality instead of deliberating about what to offer in the first place. “Wouldn’t you rather be second or third and see how the guy in first did, and then . . . improve it?” Malcolm Gladwell asked in an interview. “When ideas get really complicated, and when the world gets complicated, it’s foolish to think the person who’s first can work it all out,” Gladwell remarked. “Most good things, it takes a long time to figure them out.”* Second, there’s reason to believe that the kinds of people who choose to be late movers may be better suited to succeed. Risk seekers are drawn to being first, and they’re prone to making impulsive decisions. Meanwhile, more risk-averse entrepreneurs watch from the sidelines, waiting for the right opportunity and balancing their risk portfolios before entering. In a study of software startups, strategy researchers Elizabeth Pontikes and William Barnett find that when entrepreneurs rush to follow the crowd into hyped markets, their startups are less likely to survive and grow. When entrepreneurs wait for the market to cool down, they have higher odds of success: “Nonconformists . . . that buck the trend are most likely to stay in the market, receive funding, and ultimately go public.” Third, along with being less recklessly ambitious, settlers can improve upon competitors’ technology to make products better. When you’re the first to market, you have to make all the mistakes yourself. Meanwhile, settlers can watch and learn from your errors. “Moving first is a tactic, not a goal,” Peter Thiel writes in Zero to One; “being the first mover doesn’t do you any good if someone else comes along and unseats you.” Fourth, whereas pioneers tend to get stuck in their early offerings, settlers can observe market changes and shifting consumer tastes and adjust accordingly. In a study of the U.S. automobile industry over nearly a century, pioneers had lower survival rates because they struggled to establish legitimacy, developed routines that didn’t fit the market, and became obsolete as consumer needs clarified. Settlers also have the luxury of waiting for the market to be ready. When Warby Parker launched, e-commerce companies had been thriving for more than a decade, though other companies had tried selling glasses online with little success. “There’s no way it would have worked before,” Neil Blumenthal tells me. “We had to wait for Amazon, Zappos, and Blue Nile to get people comfortable buying products they typically wouldn’t order online.

TARYN GRANT, DEMOCRATIC CANDIDATE for the U.S. Senate, suffered from narcissistic personality disorder, or so she’d been told by a psychologist in her third year at the Wharton School. He’d added, “I wouldn’t worry too much about it, as long as you don’t go into a life of crime. Half the people here are narcissists. The other half are psychopaths. Well, except for Roland Shafer. He’s normal enough.” Taryn didn’t know Roland Shafer, but all these years later, she sometimes thought about him, and wondered what happened to him, being . . . “normal.” The shrink had explained the disorder to her, in sketchy terms, perhaps trying to be kind. When she left his office, she’d gone straight to the library and looked it up, because she knew in her heart that she was far too perfect to have any kind of disorder. •   •   • NARCISSISTIC PERSONALITY DISORDER: Has excessive feelings of self-importance. Reacts to criticism with rage. Takes advantage of other people. Disregards the feelings of others. Preoccupied with fantasies of success, power, beauty, and intelligence. •   •   • EXCESSIVE FEELINGS OF SELF-IMPORTANCE? Did that idiot shrink know she’d inherit the better part of a billion dollars, that she already had enough money to buy an entire industry? She was important. Reacts to criticism with rage? Well, what do you do when you’re mistreated? Shy away from conflict and go snuffle into a Kleenex? Hell no: you get up in their face, straighten them out. Takes advantage of other people? You don’t get anywhere in this world by being a cupcake, cupcake. Disregards the feelings of others? Look: half the people in the world were below average, and “average” isn’t anything to brag about. We should pay attention to the dumbasses in life? How about, “Preoccupied with fantasies of success, power, beauty, and intelligence”? Hey, had he taken a good look at her and her CV? She was in the running for class valedictorian; she looked like Marilyn Monroe, without the black spot on her cheek; and she had, at age twenty-two, thirty million dollars of her own, with twenty or thirty times more than that, yet to come. What fantasies? Welcome to my world, bub. •   •   • THAT HAD BEEN more than a decade ago.

WHY DIVERSIFY? During the bull market of the 1990s, one of the most common criticisms of diversification was that it lowers your potential for high returns. After all, if you could identify the next Microsoft, wouldn’t it make sense for you to put all your eggs into that one basket? Well, sure. As the humorist Will Rogers once said, “Don’t gamble. Take all your savings and buy some good stock and hold it till it goes up, then sell it. If it don’t go up, don’t buy it.” However, as Rogers knew, 20/20 foresight is not a gift granted to most investors. No matter how confident we feel, there’s no way to find out whether a stock will go up until after we buy it. Therefore, the stock you think is “the next Microsoft” may well turn out to be the next MicroStrategy instead. (That former market star went from $3,130 per share in March 2000 to $15.10 at year-end 2002, an apocalyptic loss of 99.5%).1 Keeping your money spread across many stocks and industries is the only reliable insurance against the risk of being wrong. But diversification doesn’t just minimize your odds of being wrong. It also maximizes your chances of being right. Over long periods of time, a handful of stocks turn into “superstocks” that go up 10,000% or more. Money Magazine identified the 30 best-performing stocks over the 30 years ending in 2002—and, even with 20/20 hindsight, the list is startlingly unpredictable. Rather than lots of technology or health-care stocks, it includes Southwest Airlines, Worthington Steel, Dollar General discount stores, and snuff-tobacco maker UST Inc.2 If you think you would have been willing to bet big on any of those stocks back in 1972, you are kidding yourself. Think of it this way: In the huge market haystack, only a few needles ever go on to generate truly gigantic gains. The more of the haystack you own, the higher the odds go that you will end up finding at least one of those needles. By owning the entire haystack (ideally through an index fund that tracks the total U.S. stock market) you can be sure to find every needle, thus capturing the returns of all the superstocks. Especially if you are a defensive investor, why look for the needles when you can own the whole haystack?

I think that's quite true. and in fact the people who understand this the best are those who are carrying out the control and domination in the more free societies. like the U.S. and England, where popular struggles have have won a lot of freedoms over the years and the state has limited capacity to coerce. It is very striking that it's precisely in those societies that elite groups—the business world, state managers and so on—recognized early on that they are going to have to develop massive methods of control of attitude and opinion, because you cannot control people by force anymore and therefore you have to modify their consciousness so that they don't perceive that they are living under conditions of alienation, oppression, subordination and so on. In fact, that's what probably a couple trillion dollars are spent on each year in the U.S., very self-consciously, from the framing of television advertisements for two-year olds to what you are taught in graduate school economics programs. It's designed to create a consciousness of subordination and it's also intended specifically and pretty consciously to suppress normal human emotions. Normal human emotions are sympathy and solidarity, not just for people but for stranded dolphins. It's just a normal reaction for people. If you go back to the classical political economists, people like Adam Smith, this was just taken for granted as the core of human nature and society. One of the main concentrations of advertising and education is to drive that out of your mind. And it's very conscious. In fact, it's conscious in social policy right in front of our eyes today. Take the effort to destroy Social Security. Well, what's the point of that? There's a lot of scam about financial problems, which is all total nonsense. And, of course, they want Wall Street to make a killing. Underlying it all is something much deeper. Social Security is based on a human emotion and it's a natural human emotion which has to be driven out of people minds, namely the emotion that you care about other people. You care. It's a social and community responsibility to care whether a disabled widow across town has enough food to eat, or whether a kid across the street can go to school. You have to get that out of people's heads. You have to make them say, "Look, you are a personal, rational wealth maximizer. If that disabled widow didn't prepare for her own future, it's her problem not your problem. It's not your fault she doesn't have enough to eat so why should you care?

Events in the African American town of Hamburg, in the Edgefield District of South Carolina, were typical of many others across the former Confederacy where white paramilitary groups mobilized to regain control of state governments. Their aim was simple: prevent African Americans from voting. In July 1876, a few months before the election that gave the presidency to Hayes, a violent rampage in Hamburg abolished the civil rights of freed slaves. Calling itself the Red Shirts, a collection of white supremacists killed six African American men and then murdered four others whom the gang had captured. Benjamin Tillman led the Red shirts; the massacre propelled him to a twenty-four-year career as the most vitriolic racist in the U.S. Senate. Following the massacre, the terror did not abate. In September, a 'rifle club' of more than 500 whites crossed the Savannah River from Georgia and camped outside Hamburg. A local judge begged the governor to protect the African American population, but to no avail. The rifle club then moved on to the nearby hamlet of Ellenton, killing as many as fifty African Americans. President Ulysses S. Grant then sent in federal troops, who temporarily calmed things down but did not eliminate the ongoing threats. Employers in the Edgefield District told African Americans they would be fired, and landowners threatened black sharecroppers with eviction if they voted to maintain a biracial state government. When the 1876 election took place, fraudulent white ballots were cast; the total vote in Edgefield substantially exceeded the entire voting age population. Results like these across the state gave segregationist Democrats the margin of victory they needed to seize control of South Carolina's government from the black-white coalition that had held office during Reconstruction. Senator Tillman later bragged that 'the leading white men of Edgefield' had decided to 'seize the first opportunity that the Negroes might offer them to provoke a riot and teach the Negroes a lesson.' Although a coroner's jury indicted Tillman and ninety-three other Red Shirts for the murders, they were never prosecuted and continued to menace African Americans. Federal troops never came to offer protection. The campaign in Edgefield was of a pattern followed not only in South Carolina but throughout the South. With African Americans disenfranchised and white supremacists in control, South Carolina instituted a system of segregation and exploitation that persisted for the next century. In 1940, the state legislature erected a statute honoring Tillman on the capitol grounds, and in 1946 Clemson, one of the state's public universities, renamed its main hall in Tillman's honor. It was in this environment that hundreds of thousands of African Americans fled the former Confederacy in the first half of the twentieth century.

The U.S. Defense Advanced Research Projects Agency, the arm of the Pentagon most responsible for shiny, futuristic technology, recently gave a $100,000 grant to Logos Technologies, Fairfax, Va.-based defense tech company, to develop a silent, hybrid-engine motorcycle for the military.

In 1924, Native Americans were granted U.S. citizenship, and the federal government considered it a national duty to “civilize” them,13 including Alaska Natives. Education was seen as an important force in this mission, and teachers were sent to native settlements to encourage changes in culture, religion, and language. School was taught in English, churches were constructed, and monogamous marriages and patriarchal households were encouraged or enforced, breaking up communal households .14 Historically nomadic Alaska Natives began settling around the schools and churches, often by order of the U.S. government, which in turn provided small-scale infrastructure and health clinics.15 What is now the village of Kivalina, for example, had originally been used only as a hunting ground during certain times of the year, but its intermittent inhabitants were ordered to settle permanently on the island and enroll their children in school or face imprisonment.

This breadth of constitutional law in barring extralegal legislation is revealing about more than the past. The reader will have to wait patiently until chapter 7 for details of the current regime of extralegal lawmaking, but the significance of the history can already be anticipated. In an era of administrative legislation, it often is assumed that when the U.S. Constitution grants legislative power to Congress, it does not bar the executive from issuing binding rules, making interpretations, or setting taxes—as long as the executive has legislative authorization or at least acquiescence. The history of constitutional law, however, reveals that constitutions developed to bar all extralegal lawmaking—the point being to confine government to ruling through the law. Thus, administrative legislation—whether by proclamation, rulemaking, interpretation, or taxation—is not a novel form of lawmaking, and it cannot, on account of its alleged novelty, escape constitutional restrictions. On the contrary, it is a return to the extralegal legislation that constitutions were established to prohibit.

On behalf of the deference under the Administrative Procedure Act, it is said that Congress is not constitutionally barred from authorizing deference—as if Congress can detract from the office of the judges. The office of the judges, however, was an element of the Constitution’s grant of judicial power, and it required the judges to exercise independent judgment in accord with the law of the land. Put another way, when the Constitution authorized judicial power, it took for granted that judges, by their nature, had such a duty.19 This judicial duty was recognized very early, because it was the foundation of what nowadays is called “judicial review.” When writing about the judicial power of North Carolina in 1786, James Iredell explained: “The duty of the power I conceive, in all cases, is to decide according to the laws of the state,” and as “the constitution is a law of the state,” a statute “inconsistent with the constitution is void.” Or as put by John Marshall in Marbury v. Madison, where “both the law and the constitution apply to a particular case” the court “must determine which of these conflicting rules governs the case,” this being “of the very essence of judicial duty.”20 Judicial review, in other words, is entailed by judicial duty—a duty that accompanies judicial power and that requires judges to exercise their own independent judgment in following the law. And another result of this duty is that a mere statute cannot justify the judges in abandoning their independent judgment or in following extralegal rules or interpretations. As if this were not enough, the U.S. Constitution adds that no person shall be “deprived of life, liberty, or property, without due process of law.” If this means anything, it surely requires a judge not to defer to one of the parties, let alone to defer systematically to the government. Nonetheless, on the basis of a mere statute, the judges generally defer. The next step is to examine the varieties

Obama declined to hold public services in the White House commemorating the National Day of Prayer, which had been the practice of his predecessors. • In September 2011, his Department of Health and Human Services terminated funding to the U.S. Conference of Catholic Bishops for its extensive program to assist victims of human trafficking and modern-day slavery. The reason? Objections to Catholic teaching on abortion and contraception.7 • In 2013 Obama’s inaugural committee forced pastor Louie Giglio, whose Atlanta church was nationally known for its efforts to combat sex trafficking, to withdraw from delivering a prayer at the inaugural ceremony after an audio recording surfaced of a sermon Giglio delivered in the mid-1990s referencing biblical teaching on homosexuality. When it came to praying at Obama’s second inaugural, no pastor holding to an orthodox view of Scripture had need to apply. • His Justice Department canceled a 30,000 grant to a program for at-risk youth because it allowed voluntary, student-led prayer, and the oath recited by its young charges mentioned God.8 • He advocated passage of a version of the Employment Non-Discrimination Act prohibiting private employers from declining to hire gays and lesbians that granted no exemption for religious ministries and charities. • The Defense Department canceled an appearance by Franklin Graham of Samaritan’s Purse at a National Day of Prayer observance because of Graham’s alleged anti-Muslim bigotry. • Obama’s campaign removed a reference to God from the Democratic Party platform and only moved to reinsert it after news outlets reported the exclusion and controversy erupted. In rushed proceedings at the party convention in Charlotte, North Carolina, the name of God was reinserted to boos from the delegates.

around

killed

In 1973, 29 percent of all U.S. jobs required postsecondary education. In 1992, 52 percent did. And in 2018, a projected 62 percent of all jobs will require postsecondary education. At the same time, many students and their families came to believe that a college’s cost directly reflected the quality of the education it offered and the long-term value of the degrees it granted. Rankings like those in U.S. News & World Report reflected this biased perception and encouraged the public to think that way as well.

A Hard Left For High-School History The College Board version of our national story BY STANLEY KURTZ | 1215 words AT the height of the “culture wars” of the late 1980s and early 1990s, conservatives were alive to the dangers of a leftist takeover of American higher education. Today, with the coup all but complete, conservatives take the loss of the academy for granted and largely ignore it. Meanwhile, America’s college-educated Millennial generation drifts ever farther leftward. Now, however, an ambitious attempt to force a leftist tilt onto high-school U.S.-history courses has the potential to shake conservatives out of their lethargy, pulling them back into the education wars, perhaps to retake some lost ground. The College Board, the private company that develops the SAT and Advanced Placement (AP) exams, recently ignited a firestorm by releasing, with little public notice, a lengthy, highly directive, and radically revisionist “framework” for teaching AP U.S. history. The new framework replaces brief guidelines that once allowed states, school districts, and teachers to present U.S. history as they saw fit. The College Board has promised to generate detailed guidelines for the entire range of AP courses (including government and politics, world history, and European history), and in doing so it has effectively set itself up as a national school board. Dictating curricula for its AP courses allows the College Board to circumvent state standards, virtually nationalizing America’s high schools, in violation of cherished principles of local control. Unchecked, this will result in a high-school curriculum every bit as biased and politicized as the curriculum now dominant in America’s colleges. Not coincidentally, David Coleman, the new head of the College Board, is also the architect of the Common Core, another effort to effectively nationalize American K–12 education, focusing on English and math skills. As president of the College Board, Coleman has found a way to take control of history, social studies, and civics as well, pushing them far to the left without exposing himself to direct public accountability. Although the College Board has steadfastly denied that its new AP U.S. history (APUSH) guidelines are politically biased, the intellectual background of the effort indicates otherwise. The early stages of the APUSH redesign overlapped with a collaborative venture between the College Board and the Organization of American Historians to rework U.S.-history survey courses along “internationalist” lines. The goal was to undercut anything that smacked of American exceptionalism, the notion that, as a nation uniquely constituted around principles of liberty and equality, America stands as a model of self-government for the world. Accordingly, the College Board’s new framework for AP U.S. history eliminates the traditional emphasis on Puritan leader John Winthrop’s “City upon a Hill” sermon and its echoes in American history. The Founding itself is demoted and dissolved within a broader focus on transcontinental developments, chiefly the birth of an exploitative international capitalism grounded in the slave trade. The Founders’ commitment to republican principles is dismissed as evidence of a benighted belief in European cultural superiority. Thomas Bender, the NYU historian who leads the Organization of American Historians’ effort to globalize and denationalize American history, collaborated with the high-school and college teachers who eventually came to lead the College Board’s APUSH redesign effort. Bender frames his movement as a counterpoint to the exceptionalist perspective that dominated American foreign policy during the George W. Bush ad ministration. Bender also openly hopes that students exposed to his approach will sympathize with Supreme Court justice Ruth Bader Ginsburg’s willingness to use foreign law to interpret the U.S. Constitution rather than with Justice Antonin Scalia�

Within the coming decade alone, three signal amendments would be added to the Constitution: the Sixteenth, giving the national government the power to levy a progressive income tax, without which many of the New Deal’s social programs might not have been possible; the Seventeenth, providing for the popular election of U.S. senators; and the Nineteenth, finally granting American women the right to vote.

The best combination,” U.S. Secretary of Education Arne Duncan has said, “is great teachers working with technology to engage students in the pursuit of the learning they need” (Duncan, 2010).

By a customary “rule of four,” it takes the votes of four justices to accept a case for argument and decision—to “grant cert.

Some Americans responded brutally to such docility: in two separate incidents on 14 July, an officer and an NCO of the U.S. 45th Division murdered large groups of Italians in cold blood. One, Sgt. Horace West, who killed thirty-seven with a Thompson submachine gun, was convicted by a court-martial, but later granted clemency. The other, Capt. John Compton, assembled a firing squad which massacred thirty-six Italian prisoners.

When Dr. Falk realized in what desperate situation my parents found themselves, he wrote to Bernie in New York and to me, in Bucharest. He told me about the seriousness of his condition and that somebody had to come and arranged for them to go to the U.S., otherwise, as his state of health worsens, he would not be able to leave anymore; he may not be granted an American visa. When I received that letter, in August 1947, I was absolutely distraught. I can not remember ever crying as hysterically as I did, after reading that letter. My hopelessness and helplessness in the situation was so extreme, I felt like tearing my hair out.

IBM was granted a U.S. patent in 2012 on “Securing premises using surface-based computing technology.” That’s intellectual-property-lawyer-speak for a touch-sensitive floor covering, somewhat like a giant smartphone screen. The potential uses are plentiful. It would be able to identify the objects on it. In basic form, it could know to turn on lights in a room or open doors when a person enters. More important, however, it might identify individuals by their weight or the way they stand and walk. It could tell if someone fell and did not get back up, an important feature for the elderly. Retailers could learn the flow of traffic through their stores. When the floor is datafied, there is no ceiling to its possible uses.

The Westminster system understandably produces governments with more formal powers than in the United States. This greater degree of decisiveness can be seen clearly with respect to the budget process. In Britain, national budgets are not drawn up in Parliament, but in Whitehall, the seat of the bureaucracy, where professional civil servants act under instructions from the cabinet and prime minister. The budget is then presented by the chancellor of the exchequer (equivalent of the U.S. treasury secretary) to the House of Commons, which votes to approve it in a single up-or-down vote. This usually takes place within a week or two of its promulgation by the government. The process in the United States is totally different. The Constitution grants Congress primary authority over the budget. While presidents formulate budgets through the executive branch Office of Management and Budget, this office often becomes more like another lobbying organization supporting the president’s preferences. The budget, put before Congress in February, works its way through a complex set of committees over a period of months, and what finally emerges for ratification (we hope) by the two houses toward the end of the summer is the product of innumerable deals struck with individual members to secure their support. The nonpartisan Congressional Budget Office was established in 1974 to provide Congress with greater technocratic support in drawing up budgets, but in the end the making of an American budget is a highly decentralized and nonstrategic process in comparison to what happens in Britain.

By the terms of the U.S. Supreme Court decision in June of last year legalizing the practice of destitute families selling their children, hoping they’d have a better life, or of rich families taking a famous downer as a trophy to impress their friends, I have no legal status if granted freedom. I would be “a non-person and vulnerable as a piece of furniture abandoned on a sidewalk,” as Justice William O. Washington said in his blistering dissent when the court announced its decision. Spartak Jones, 16, the first legal slave since the Civil War America’s top gymnast, handsome, poor, kidnapped and sold, contemplating his future San Francisco in the year 2115 The Chronicles of Spartak—Rising Son, a novel

but no man is so brave that he may not meet such defeats and disasters as to discourage him and dampen his ardor for any cause, no matter how just he deems it.

But the Nation had already become restless and discouraged at the prolongation of the war, and many believed that it would never terminate except by compromise.