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sj_zero | @sj_zero@social.fbxl.net

Author of The Graysonian Ethic (Available on Amazon, pick up a dead tree copy today)

Admin of the FBXL Network including FBXL Search, FBXL Video, FBXL Social, FBXL Lotide, FBXL Translate, and FBXL Maps.

Advocate for freedom and tolerance even if you say things I do not like

Adversary of Fediblock

Accept that I'll probably say something you don't like and I'll give you the same benefit, and maybe we can find some truth about the world.

Ah... Is the Alliteration clever or stupid? Don't answer that, I sort of know the answer already...

It'd be funny if someone stabbed him in the back the same as he stabbed Liz Truss in the back.

The Canadian left just put a hedge fund manager in charge of the country. That's how stupid Canadians are.

As far as I can tell, this decision has made sure that we will become the 51st state. Just like Carney's Brookfield asset management became a US company under his leadership.

Apparently Canadians love tent cities, siezing dissidents bank accounts, Internet censorship, and American gangs.

That isn't Trump's fault. Apparently Canadians chose that for themselves.

Yes, and the contemporary concept of liberalism (classical liberalism) is a modernist concept dating back just a few hundred years. That doesn't mean freedom didn't exist, but the idea of liberty as a totalizing framework is quite new because totalizing frameworks are themselves a quite recent invention. Unfortunately, even conservatism got caught up in the modernist totalizing impulse and so became just another totalizing ideology one could follow. What was conservative in the modernist period did not truly resemble what came before. Other alternatives also are built on the same foundation -- socialism, fascism, they're just different outgrowths of modernity and it's totalizing impulse.

Even postmodernism quickly collapsed into a modernist ideology because it's simpler that way.

Really interesting to realize what happened to all humanity around the time of the French revolution.

ngl, the "male loneliness epidemic" isn't really about women, that's just the thing people focus on.

It's about the image talked about in the 2000 book title "bowling alone" -- without cultural institutions that bring men together in real life, you see men going through life alone -- not as in they can't find a woman to date, but as in they can't find any person to talk to who isn't in an online message board.

There used to be *something* besides work and home -- the local pub, the church, social clubs, sports leagues, and over the past few decades those things have largely been eroded and so the loneliness epidemic isn't about men not being able to spend time with women per se, but with anyone man or woman.

It isn't a "conservative male loneliness epidemic", it's really part of everyone moving forward into a postmodern civilization that's cut away everything frivolous by pointing out how frivolous it is.

To be honest, women are facing similar pressures because there's a reduced number of opportunities for social gathering for them as well. I've seen it first-hand, women who are just lonely because there aren't many opportunities to meet people if you just moved somewhere. The forces causing this affect men more acutely, but it's a chronic issue for both.

There will need to be a sea change in how people think about their relationship to the world before we see things improve. Something other than the state and the market, a rebuilding of community culture, viewed through a different lens than those two options.

I've written many times about "living in ghost world" -- the fact that I go to the park with my son several days a week and am usually alone there with him. That's not just "no men", it's nobody period.

This weekend was interesting in that it was a vision of what things could be -- parents brought their kids to the park (probably because it's the first really nice day of the year), and both my son and I had positive social interactions that we really didn't see over the past year. If only they'd choose to keep coming to the public commons.

tbf, it's complicated. Objects that are light but with a large surface area will fall slower than heavy objects with a large surface area due to the force of air pushing back. To run the test properly you need a vacuum, and I'm guessing ancient greeks didn't have a lot of large hard vacuum chambers kicking around.

Meanwhile, people clap like trained seals for new projects that are going to hasten that collapse.

I'd be the first to admit that this appears to be an election between the people who love Canada and the people who hate America, but the real change is dumping Trudeau, who had become absolutely radioactive. Bring in a boring hedge fund manager and apparently all sins are forgiven.

Discord is like the dread pirate Roberts combined with a used car salesman. "I'll probably kill you tomorrow, you should buy nitro"

Until a few years ago I wouldn't have recognized the reason for the different colored limbs on the player character sprite. (not sure if the animated gif shows up properly)

https://www.youtube.com/watch?v=dF0NzfsbIeY

I love watching people trying to recreate our technology. This guy is trying to build an engine, and he's got a milling machine so he's trying to build a 2-stroke engine.

I think we're already starting to see why we need to have the competence to do things, because those factories we built overseas to get another 1% profit might become unavailable imminently.

The 10 years before this haven't been great evidence, I'll admit...

If the liberals win, I will no longer believe that democracy is a good idea for Canada because we lack the capacity for self-rule.

Amazon sells my books. The local bookstore doesn't.

Advantage: Amazon.

Zippers are already iffy, so the next thing we really need is more moving parts.

Well I never!

(Eats french fries covered in giant chunks of cheese and gravy for half my meals, and washes it down with coffee with double cream and double sugar)

I was watching a YouTuber that I generally like who does technology work, and he just let a little stupid thing slip.

The little thing in there was about how due process means innocent until proven guilty, and how if you're against that you are un-American.

Now as many people will know, I'm not American at all, not until we become the 51st state. But even as a foreigner, I can see the giant stupid holes in such a statement.

Due process does not mean the presumption of innocence. Presumption of innocence is part of a criminal process, but it is not always part of the process which is due to you. Due process refers to people getting the process that is due to them under the law. Things that people assume are due process may not be. For example, mens rea is often communicated to others as part of due process, but there are entire classes of crimes which do not require mens rea -- establishing mens rea is not part of the process that is due to you unless it is a substantive requirement of the specific statute. There's also absolutely no presumption of innocence in a civil case, where rather than beyond a reasonable doubt, the standard is a preponderance of evidence where you basically have to prove 50 + 1% that you are probably right. In a civil case, that is the process to which you are due, further proving my point.

If a civil case were to be adjudicated on the “innocent unless proven guilty” standard, that would likely be an error of law that would be easily sent to appeal, and the appeal would certainly be won.

To say "if you don't believe in innocent until proven guilty then you're un-American" -- so our environmental regulations un-American? Is the entire civil court system
un-American? Our food safety regulations un-American? How about banking regulations? How about workplace health and safety laws? I just want to figure out how much of the US legal system we have to throw out as un-American because they don't have innocent until proven guilty in their due process.

Since I'm sure that this is a reference to immigration law, immigration law in particular has much different process due compared to most American laws. Since at least the war on terror period, And likely before that, borders are considered a special case where the process due is considerably different than domestic law.

Some of the case law includes the landmark case Chae Chan Ping v. United States, 130 U.S. 581 (1889) which said that immigration is something that constitutionally the courts shouldn't really be involved in at all, and so the congress and the executive should be given broad latitude to handle immigration law. Fong Yue Ting v. United States, 149 U.S. 698 (1893) held that immigration law is a civil matter and not a criminal matter, and so the process due under the law does not include "innocent until proven guilty", and also that there is no right under the process due under the law to habeas corpus.

Showing that the standard isn't no process ever, Boumediene v. Bush, 553 U.S. 723 (2008) shows that under certain circumstances even foreign citizens get some limited constitutional rights. In that case, Boumediene was a designated "unlawful combatant" being held in Cuba who it was found was given Habeas Corpus rights. This was a good thing in that the US Government shouldn't be able to send non-citizens to gulags in other countries.

Chae Chan Ping and some Fong Yue Ting set the precedent that generally the courts will give extreme deference to Congress and the executive in matters of immigration. In some ways, it could be argued that excessive due process is in fact a violation of the due process clause because it is providing process to which someone is not due under the law. 

Mathews v. Eldridge, 424 U.S. 319 (1976) discusses the limits of the "due process clause" by explaining a test showing whether process is in fact due, and notably for my previous statement, where excessive due process would itself be a violation of the law. In the context of immigration law, Department of Homeland Security v. Thuraissigiam (2020) in a 7-2 decision agreed with this concept, with the majority decision explicitly rejecting a due process clause violation, claiming that the process requested was not due.

To show that the "due process clause" discussion goes both ways, Goldberg v. Kelly, 397 U.S. 254 (1970) discusses the requirements of the "due process clause" by showing that in an administrative case (in that case welfare), there was in fact a process due under the law, in that case an evidentiary hearing. The due process clause demands process due under the law, no more, no less.

Incidentally, until recently, the law of the land for decisions made by organizations like the EPA was Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), and a concept known as "Chevron Deference". That case was overruled in last year's "Loper Bright Enterprises v. Raimondo" which finally ended a long situation where administrative organizations were given deference in court cases. This shows first that the process due under the law was highly deferential to the executive until very recently, and that the process due under the law required under the 4th and 14th amendments are subject to change.

It's frustrating when otherwise intelligent people who do their research stop doing their research and just start flapping their jaws about stuff they don't actually know about, I guess you could say that it totally breaks the illusion.

So, what does all this mean in the context of immigration law? It means that while there is a certain level of process due under the law, it is long established law that it is a lower level of process due, and courts are not required - and often are not allowed - to impose procedural requirements that go beyond what is legally mandated. Anyone who is referring to the highest levels of judicial process such as "innocent until proven guilty" are making a mistake, and likely are doing so for political purposes and in other circumstances would not pretend to misunderstand that fact... other than popular YouTubers who are speaking up on things they simply haven’t done the work to understand.

After playing a lot more with my usb-rtl software defined radio, I'm actually pretty disappointed. It's fine for FM radio, but essentially useless for shortwave, am radio, or ham radio.

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