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@ThePainefulTruth I plan on reading your link. Been a busy few days - I plan on trying to sort through your last post too. I see you were very happily excited as you wrote it. :) (I do it too - tends to create some harder to read posts). I'll figure it out. I might have a few criticisms, but it's obvious you are doing research and trying to reason things through.
1 year, 5 months ago on Jefferson and Madison vs "Staff Writer"
@ThePainefulTruth LOL. That's a minor error. It's a common one too. :p No need to apologize for trivial ones since this forum doesn't allow edits.
@ThePainefulTruth Found it! (copy/paste below from Google). "[PDF] Chisholm v. Georgia - The Scholarly Commons - Georgetown ...scholarship.law.georgetown.edu/cgi/viewcontent.cgi?...fac...File Format: PDF/Adobe Acrobat by RE Barnett - 2007 - Cited by 22 - Related articles Chisholm v. Georgia and Popular Sovereignty*. Inaugural Address as Carmack Waterhouse Professor of Legal Theory. Georgetown University Law Center,"
Link is: http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1008&context=fac_lectures
I wish these forums had an "edit" function"
@ThePainefulTruth Thank you. I'll evaluate it. I hadn't even been aware of this issue until quite recently (with regard to the justice's remarks) when I found an article by a respected law professor concerning Chisholm v. Georgia. I'll try to find the link to the PDF again...
...crap. This might be a while. I can't even find the file on my drive yet and I'm sure I downloaded it. :(
@ThePainefulTruth My assertion that you were a troll was bit premature. While it is a poor excuse for it it was very late after a long day. You are deserving of apology with regards to that.
Your writing style has improved dramatically.
But... "The burden of proof lies with the accuser". You can't assume that the other party should accept your authority in any debate or discussion. When you declare the other party's statements are in error it is your responsibility to demonstrate their fallacy. When you do so, your assertion is a criticism - you give the other person or observers a basis to measure or text your assertions (a critique) - and you demonstrate personal accountability. To do otherwise is to simply accuse.
Now for another point. I'm a natural-born U.S. citizen. I took my oath under Article VI, Clause 3 of the United States Constitution to support it. Additionally, the specific variation of that oath was the Executive version as defined under Article II of the Constitution, and I did so in the process of becoming a sworn Federal officer as defined under Section 2 of that same article. I also pledged to sacrifice my life and personal freedom in the process to support my duties under that oath. As part of that process I knew it was my responsibility to work to understand the nature of what I swore to defend in order to recognize the scope of my duties and I have been doing so in excess of 30 years. I have also worked professorially as a compliance and certification specialist in the area of U.S. and international law. I have been subject to advanced testing and evaluation as far as my intellectual and verbal capacities as well as being subject to personality inventory and assessment - I have not been found wanting. To reveal further detail would risk the appearance of arrogance. It is sufficient to assert that to effectively discredit me usually requires substantial proof and argument and not grave, speculative, insults and attacks on my heritage, education, political and social beliefs, or character.
@ThePainefulTruth @garvan Again the ad hominems. The current evidence suggests an internet troll. The general advice on the internet is to "Don't feed the trolls. They become starved and go away". That dictum will be applied here.
@ThePainefulTruth Yet more ad hominem.
@ThePainefulTruth @jazznut50 @gypsynovus
The rebuttal is quite ad hominem. Rather than attacking the substance of the argument it attempts to attack the character of the person. While the temptation to reveal bone fides is tempting under the circumstances it would be counterproductive.
See previous response about usage of language and accepted patterns for creating emphasis. There are several claims of error in the previous reply but no effort to support such. This represents a lack of accountability as there is no basis of measure to test the truthfulness of the assertions. By definition such are accusatory; not critical responses to anything that they refer to. It is recommended that the poster apply the linguistic principles explained in "Strunk& White's Elements of Style". This book is found in paperback in most major bookstores; usually under $5.00 USD.
@ThePainefulTruth The purpose of language is to communicate; not confuse. There are well established linguistic devices that exist to "punch up" the meaning of a sentence or word. Some of these are specific to the typography of the internet. While creating alternative techniques to improve that emphasis is neither unheard of or improper, there must be a framework for a reader of at least average intelligence to determine the intent of such usage from the context; to do otherwise is simply hubris.
An example from your posting that I'm replying to is the reference to the "Average reader". Words capitalized on the initial letter in the English language (whichever variant) indicate a proper noun. If the letters are all capitalized, they replace the use of italics (which are used for emphasis). In this instance, if the word "average" was to be emphasized then the course of action would have been to use all capitals for that word. That creates an immediate signal of "this is important". To misuse that tends to signal to the reader that the person is either uneducated or in a confused mental state. That may not be the intent, but that is the effect. They will tend to treat such artifice as random noise or disregard the poster entirely. Most readers will excuse the occasional typographic error and read past them, but to continue to do so simply creates frustration within the target audience.
Remove the excess capitalization and avoid the pattern of address when addressing people that causes them to feel that they are being "talked down to". Removing first and second person references and avoid ad hominems. It is no accident that this entire reply (other that the automatic identification created by the reply function of this forum) up until this point avoids the usage of "I", "you", "me", "your", your name or handle, or my own. The effect is a more respectful tone that focuses on behavior and not person.
@James Erfurth I have read the "Law of Nations" in part. It has some value. I don't know if you can Kindle it though. :( But it is online. I can find a good link.
Forums in political sites (or religious ones!) can get pretty inflammatory. Just don't let anything get under your skin and just respond in a calm, measured manner. Think of the verse in Romans about "trading good for evil" and you will go far. Also studying debate and the nature of logical fallacy. This is not only good for your career, but is an excellent way to understand the concepts so you can teach your children how to be better critical thinkers - probably one of the best gifts you can give them - how to think for themselves and recognize bullshit! :) Then keep to sites like this and use them to develop and practice your new-found skills.
@jazznut50 @ThePainefulTruth @gypsynovus
You might consider what you are implying with that phrase. When you use it you stating "I have decided a man must act, speak, and value a certain in a certain way. Ignoring your actual biology and focusing on your conduct I'm declaring you are not being a man - start acting the way I have decided you should act or you are not a man". Do you catch the arrogance? If you mean to say to a person to be more assertive and take personal responsibility for their actions and beliefs - in short, be more adult - then that is what should be said. Gender has nothing to do with it. I do understand your disdain for politically correct speech - some it gets over the top and evasive with innuendo - I don't defy it. I just use it for humorous intent :)
Also, just in case you didn't get my reference to that fallacy: https://en.wikipedia.org/wiki/No_true_Scotsman
@jazznut50 @James Erfurth There is no formal "Law of Nations" for any nation to sign into. The only thing that exists is a collection of international agreements that various nations may, or may not, agree with. It involves some generally accepted principles and common customs, but nothing is codified, nor is there any mechanism of enforcement beyond the desire of a nation to maintain good will with other nations. The documents suggested are of good historic value and DO give insight into what the Founders intended and meant with the actual codified law, but they are not law themselves - just advisory.
@Bob Greenslade Bob, the original grant of Federal power came from the people of the United States and not the States themselves. I don't know if modifies your explanation to any significant degree, but it worth noting and considering. The State governments may only nullify if they are working within the framework of the United States Constitution and acting in its support, not simply because they believe it violates their own sovereignty.
@garvan Justice Scalia apparently ignores the writings of the opinion of the justices in the very first U.S. Supreme Court in Chisolm v. Georgia (1793). In fact he's been called on this in the Harvard Law Review (I'll dig up the link to the PDF article later if you want).
The Eleventh Amendment was an angry reaction by the State governments to that ruling. Just to give you more of a grasp of that ruling and the knowledge of that court about Constitutional principles, one of them was a member of the Constitutional Convention that wrote it. What was that case about? A private citizen loaned the State of Georgia money to help in the fight against the British during the American Revolution. Georgia refused to pay. He died. His estate sued. The State of Georgia refused to show up to court, saying that the Supreme Court had no authority in the case and that the State of Georgia had "sovereign immunity" against any lawsuit - that the Government of Georgia was that sovereign and was not answerable to United States citizen for breach of trust unless they decided to allow it. What did the United States Supreme Court rule? 1) That the people of the United States were this nation's sovereign. 2) That Georgia had to pay. :) That case is well worth reading. The Eleventh Amendment only took away the standing of the Supreme Court in certain cases. That's all the language says. It says NOTHING about sovereignty of the States, the Federal government, or of any person. What some jurists have done is try to argue that it nullified the entire previous Supreme Court ruling and not just the part regarding the ability of the Supreme Court to preside in that type of case. The idea of U.S. citizens not being subjects of the State or Federal governments has been blocked even though that's exactly what the Founding Fathers have written was one of the main ideas of our nation and its form of government. The State governments NEVER had full sovereignty either under the Articles of Confederation or under the United States Constitution.
@jazznut50 @ThePainefulTruth @gypsynovus Thank you for that grammatical correction; it's greatly appreciated.
I know what you mean about the "new man". But that particular expression is just a particularly insulting form of the "True Scotsman" argument. It's just an ad hominem attack. The fact you were able to catch my mistake leads me to believe you are educated enough to recognize the logical fallacies I just named.
@jazznut50 @ThePainefulTruth @James Erfurth Thank you. Reading his replies was painful.
What school systems are they teaching this crappy method of communication? I suspect these are systems that are concerned about kids getting into and successfully completing college. No professor I ever had would have accepted this kind of crap.
@ThePainefulTruth @gypsynovus How about learning proper usage of capitalization, grammar, and spelling? The fact that you used a arrogant phrase like "Man up" is huge red flag in its own right.
@CFrancisHabeck @WilliamSchooler @egbegb Yes, that came out MUCH better!
1 year, 5 months ago on Dangerous Dicta
@CFrancisHabeck You hit the nail on the head. The idea of "gun control" as a preventative measure is really a fallacy. My article actually was based on a punitive measure that depended on due process. You can only react to circumstances as they appear or find a way to deal with the consequences. Effective prevention require the ability to successfully and consistently predict the future - an ability we obviously lack. The Law of Relativity as described by Galileo and the Law of Indeterminacy (several, Quantum Mechanics) see to that incapacitance.