@petersagal.bsky.social Profile picture
Oct 12, 2020 7 tweets 1 min read Read on X
Sen. Tillis made a point I often do: that every dictator in the modern world ran a country with a Bill of a Rights.

It’s true! Among those countries: the Soviet Union, Communist China.

Then he said the difference between them and the US was “we have a Constitution.”
Um, no.

1st of all the Bill of Rights IS the Constitution. First ten amendments thereto, in fact.

2nd, those countries also had Constitutions, which their leaders also ignored. It’s all just paper.
So what’s the real difference between them and us? I could go on about this — and do!— but it boils down to: in this country we’ve always* had the willing consent of the losers.
Not just Presidents leaving office when defeated, though that’s the most celebrated. But also — oh, just for example — a President honoring the legitimacy of a House of Congress controlled by the other party.
And also, honoring the validaty of legislation duly passed by Congress and signed by the President even if you were opposed to it.
Without that — the consent of the loser — the Bill of Rights, and the whole Constitution is just another piece of paper.
*some exceptions include the entire sorry history of the 14th Amendment, 1866 — 1956.

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More from @petersagal

Aug 21, 2023
It’s not nuts. LA is in a floodplain, with historically intense but brief seasonal rains. The LA River, once a mostly dry arroyo, was built intentionally to do just this and channel flood water to the sea. Otherwise, a lot of LA would be uninhabitable.
NB: #Actually, LA is, at least naturally, mostly uninhabitable. Too little rainfall and no aquifers. That’s why it didn’t boom until the city fathers, led by a former mayor named Fred Eaton and William Mulholland, stole all the water from the Owens Valley 100s of miles north.
This happened circa 1910, but was jumped up to the more noirish 1930s to provide the plot of the movie “Chinatown.”
Read 8 tweets
Jun 19, 2023
1) A day late but: for many years in the mid-2010s, Father’s Day was hard for me, and I would tweet out a message to everyone else in the same boat, those estranged or alienated from their children, or their fathers, by their own choice or not. You were, and are, not alone.
2) Due to extraordinary and underserved fortune, I have been given a second chance at life. But I still carry scars, and I still think of all of those for whom Father’s Day (or any family holiday) brings only grief.
3) I can’t promise anyone that they will reach the same happy place I found, because, again, I can’t claim to have deserved it. But I do know what’s necessary to make it possible.
Read 8 tweets
May 7, 2023
Here’s conservative former federal judge J Harvie Wilkinson III on Heller vs DC, which for the *first time in American history* read an individual right to own firearms into the 2A.

virginialawreview.org/wp-content/upl…
Written in 2009 Image
The conservative legal movement of which Judge Wilkinson was a proud member called for restraint in the judiciary from interfering in the democratic process. But it became, as he watched in dismay, a movement devoted to producing “conservative” results.
Read 4 tweets
May 6, 2023
I don’t do much fake Constitutional scholarship in here anymore, but:

1) The people who adopted the 2A have been dead for 200+ yrs and we have no more obligation to accept their views on arms than we do their views of bodily humours…
2) The reading of the 2A to protect the individual right to bear arms is about 15 years old and if you think that is set in stone for all time, beyond any ability to undo, I’d like you to meet my friend, Roe V Wade, and…
3) With a few exceptions, current gun policies were *created* by legislatures, mostly in the states. So yes, these decisions have been legitimately made “by the people.” They can just as legitimately be undone or changed.
Read 4 tweets
May 4, 2023
For reasons that will be obvious, I've been thinking about an essay by Terry Dobson in the book, "Aikido and the New Warrior." It's too good to paraphrase or summarize, so I will post the whole thing in this thread. Worth the 5 min it takes to read. Image
Image
Image
Read 5 tweets
Mar 27, 2023
It's great. Reveals how much plain avarice was behind it.
Was puzzled by this quote from a council member in a NC town with an AR-15 factory:

“If Nike moved here, I wouldn’t want them here because their politics are so different. I’d want them packing and to send them north."

Nike is woke?
I applaud this sensitive attempt to depict the actual damage these weapons do. I happened to be looking t the graphics of the violent mutilation of 6-yr old Noah Pozner when my own son walked into the room. washingtonpost.com/nation/interac…
Read 4 tweets

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