Guns have dominated the headlines for more than a month. The May 24 massacre at Robb Elementary School in Uvalde, Tex. reignited discussions about the politics of guns. Four weeks later on June 23, the Senate came together to pass narrow legislation that still represented the most significant gun regulations in decades — the same day the Supreme Court made it more difficult to regulate possession of firearms in public. Then, the July Fourth holiday brought yet another bloodbath, this time at a parade in Highland Park, Ill., leaving seven people dead.
The Court’s ruling received the least attention of these events. But it was a reminder of one of the least visible aspects of gun politics: the rise of the conservative legal movement. Since the shooting at Columbine High School in 1999, everything from frustrated teenagers and alienated men to singer Marilyn Manson and video games have received blame for mass shootings. Those on the left also blame the power of the National Rifle Association and its decades long ability to thwart any tightening of gun laws.
While these are important aspects of American gun politics, conservative legal elites have also shaped gun laws at every level in the United States. Most visibly, the conservative Supreme Court majority has handed gun rights advocates multiple victories since 2008. The role of conservative elites and legal activism in driving gun politics are part of a broader story that has reshaped American politics and law.
After the assassinations of Rev. Martin Luther King Jr. and Sen. Robert F. Kennedy in 1968, Congress passed the Gun Control Act with relatively little dissent. Constitutionally, Congress was free to do so because the governing Supreme Court precedent from 1939 enshrined the idea that the Second Amendment only protected a “collective right” to bear arms as part of militia service. The strong support for the Gun Control Act reflected the fact that gun politics were not nearly as divisive at the time. In fact, they would not become fraught until the late 1970s — what sociologist David Yamane calls Gun Culture 2.0.
The shift in the politics of guns coincided with the rise of a unique strain of conservatism, based in the South and West, which primarily attracted White suburbanites and was oriented around individual rights, government deregulation, low taxes, staunch anti-Communism and conservative social positions. The creation of new conservative think tanks, direct mail tactics and grass roots groups linked to national organizations provided the necessary infrastructure to propel these ideas and help wrest control of the Republican Party from more moderate forces.
This wider political change explains to some extent the rise of a far more militant gun movement.
This rising conservative movement helped elect Ronald Reagan in 1980, and just 16 years after the Gun Control Act, Reagan signed the 1984 Firearm Owners’ Protection Act — a signal of the rising importance of the South and West politically, as well as the triumph of individual rights over collective action and government regulation.
But the shift in gun politics also developed because of another key part of the rising conservative movement: new groups pushing a militant brand of conservative legal thinking.
Between the late 1930s and the late 1960s, liberals dominated the Supreme Court and issued seminal decisions oriented around the idea of a living Constitution, in which judges read the document in light of how society had evolved.
Conservatives abhorred this idea and the changes it produced. Richard M. Nixon pledged to reshape the Court, but his four appointments created more of a center right Court — one that limited the scope of liberal precedents rather than overturning them. During the 1980s, conservatives went back to the drawing board.
To challenge liberal jurisprudence conservatives popularized an originalist and textualist interpretation of the Constitution — resurrecting ideas that had previously been consigned to the backwaters of legal thinking. This philosophy posited that judges should not read the Constitution in light of how society had evolved, but instead with the goal of determining the original intent behind its provisions when they were drafted in 1789. The consternation that mainstream legal organizations like the American Bar Association leaned left also led to the founding of the Federalist Society in 1982 at Yale and at a handful of other universities. The society helped to promote this originalist reading of the Constitution.
The newly organized conservative legal movement quickly gained influence in the Republican Party. GOP politicians saw originalism, and members of this new legal movement as a pathway to more reliably conservative judges — ones who would undo the liberal 1960s Supreme Court rulings that conservatives loathed. The Federalist Society became a gateway for vetting potential judges to ensure that they shared conservatives’ vision for the courts and constitutional interpretation. Conservatives welcomed this as a potential antidote to ensure that future Republican appointees did not turn out like Justices Harry Blackmun and John Paul Stevens, who ended up being far more liberal than expected.
As the Federalist Society and its vision for the law gained currency among Republicans, and as Republican presidents appointed more judges in this mold to federal courts including the Supreme Court, originalism began to dislodge the idea of a living Constitution.
The newly militant gun movement took advantage of this shift by pushing what had once been a radical idea: that the prevailing interpretation of the Second Amendment as simply ensuring a collective right to bear arms as part of militia service was wrong. Instead, they argued that the amendment protected an individual right to carry firearms, rendering many gun control laws at the federal and state level suspect.
The Supreme Court had largely ignored the Second Amendment for decades, but in 2008, in District of Columbia v. Heller, a conservative five justice majority sided with the gun rights movement. For the first time — in a majority opinion written by Antonin Scalia, one of the legal thinkers at the forefront of the originalist movement and a member and steadfast supporter of the Federalist Society — the Court recognized the Second Amendment as protecting the rights of individuals to keep and bear arms.
Since Heller, the Supreme Court has seen a slew of Second Amendment cases, with the revolution wrought by this new interpretation of the Second Amendment culminating in late June, with the ruling that struck down a more-than- a-century-old law in New York that strictly regulated open carry on firearms. The decision raises the question of whether — even as the public clamors for increasing restrictions after each new mass shooting and Congress finally took a step toward addressing the issue — the Court will allow significant new restrictions on gun possession?
The conservative legal movement deserves much of the credit (or blame) for today’s changed landscape. While its influence in moving the Court to rely on originalism to overturn Roe v. Wade and eliminate the constitutional right to an abortion has received a lot of attention, its behind-the-scenes role in moving the Court to apply this once obscure legal theory to the Second Amendment has received far less scrutiny.
And barring unexpected changes in the Court’s membership, this originalist way of thinking will continue to shape what the political branches can do to address gun violence and an increasing array of hot-button issues in the years to come.
For a new politics of ruralization – Resilience
In this post, I aim to pick up where I left off last time with my review of George Monbiot’s Regenesis, mostly in reference to its theme of urbanism (there’s also a bit of housekeeping and an apology at the end).
But first, since it’s kind of a propos, some brief remarks on the trip I took last week, which involved me bicycling from Frome to Chepstow and back, among other things for an enjoyable in-conversation session with eco-philosopher and activist Rupert Read at the Green Gathering (a recording of most of it is here).
Much of the southern part of my route followed leafy cycle tracks repurposed from disused railways, flanked by large arable fields. Then a ride through central Bristol, swerving to miss a strung-out drug user sprawling on the track, took me onto another leafy cycleway through the Avon Gorge – once a place of heavy industry and shipping, but now far too small for the modern incarnations of those trades.
I crossed the Avon on a bridge I shared with the M5 – the first of several motorways entwining my route. These roads feel calm enough when you’re inside a car, but coming suddenly upon them on my bicycle I was shocked every time by the volume of traffic, its furious speed and sound, and the concrete-intensive brutalism of all this inter-city hurry. A sign by the Prince of Wales Bridge later in my trip reported that 25 million vehicles cross it annually. That’s a lot of kinetic energy to pack into three miles of road.
There were Samaritans telephones on all the major bridges I crossed, with their melancholy signage – “Whatever you’re going through, you don’t have to face it alone”. Back by the Avon, the suburb on the other side of the M5 bridge seemed dilapidated. I swerved around Nos canisters, rode through underpasses scattered with fly-tipped garbage and emblazoned with sinister graffiti and then weaved my way through a giant industrial zone of landfill sites, warehousing, sewage works, construction sites and massive wind turbines.
So, a journey from bosky rural byways that don’t quite conceal their industrial cradling, through mostly salubrious city centres and then rougher suburbs housing their workaday servitors, to the new industrial zones that potentiate them, accompanied by the ever-present roar of vehicles and people moving at speed to sustain it all. And gangs, drugs, loneliness amidst multitudes and suicide. Of course, this is only one way of representing what George Monbiot calls the given distribution of the world’s population, but I dearly wish he and others would question its given-ness a little more sceptically, and weren’t so darned pleased about what they see. During my ride, even in the leafy rural parts, it sometimes felt as if the whole fabric of this corner of southwest England was a kind of dysfunctional, ecocidal, industrial machine, sustained by its rushing human functionaries, with only a thin green veneer here and there concealing it.
Anyway, back to George’s book. So far as I know, he hasn’t seriously engaged with critiques of it from the intellectually more thoughtful end of the spectrum, preferring to post online some of the more fetid threats he’s received, which elicit no small number of ‘Go get ‘em, George’ replies from supporters displaying considerable disdain for rural and agrarian life.
And so another skin-deep culture war, benefitting nobody, judders into life. The case for ruralism over urbanism as I see it is simply that the dynamics of climate, energy, water, soil and political economy are going to propel multitudes of people to the world’s farmable regions sooner or later. The question we should really be addressing globally, though regrettably we’re not, is how to manage that process in the most humane and least disruptive way.
One of the best criticisms of my argument for this agrarian localist future that came my way in the wake of my Regenesis review was that it would be energetically costly to establish it. This, I think, is true. But it’s also true of every other proposal to put humanity on a surer long-term footing. The great advantage of agrarian localism is that once its basic structures are established, its recurrent energy costs can be low. Whereas schemes to preserve the urban-industrial status quo invariably have high recurrent energy costs. This certainly applies to George Monbiot’s farm free future, as Steve showed in his calculations under my previous post.
It’s obvious, really, that a proposal to replace sprawling farmland spaces using free solar radiation to energize production with highly concentrated industrial spaces using electricity transformed from other energy inputs by other human industries probably isn’t going to stack up well energetically. George’s vision of manufactured food, like many other ecomodernist schemes, assumes there will be abundant and cheap clean energy at humanity’s command in the future.
It seems to me more likely that concentrated energy will be scarce and pricey compared to the fossil fuelled bonanza experienced by present generations, and it will make no sense to waste it producing food when free solar energy metabolized by plants can do the job. The diffuseness of this solar energy will be a driving force of human biogeography in the future. Today’s world is one of urban concentration built on a legacy of mining energetic stocks. Tomorrow’s will be mostly one of rural de-concentration oriented to skimming renewable energetic flows.
Presently, there is no broad-based politics geared to this emerging reality, certainly in the richer parts of the world with the longest histories of stock-mining and capital-concentration such as southern England. We’re still stuck with the exhausted legacies of modernist politics, with their emphasis on market signals, nationalist symbols or class struggle as the key to redemption. All of these fix their eyes too firmly on capital cities, government machineries, political centralization and hurried inter-city journeys to build the economy. All of them take as a given the centrifugal relationship between countryside and city that I discuss in Chapter 15 of my book, where the countryside works as a basically inferior servitor to the city, albeit dotted with pleasant islands of retreat for the wealthy who’ve made their money in the latter.
As I’ve already said, I think ‘simple energetics’ or simple biogeography are going to redistribute populations away from urban areas and towards rural ones in the future. In England, the countryside will no longer be largely the preserve of the rich. Like it or not, people of many kinds will go to it to seek prosperity. This creates the potential for people to forge local agrarian autonomies and genuinely agroecological culture. But that’s not a done deal just because of the maths of a more populated countryside. It’s possible that cities and their elites will retain their centrifugal pull.
To prevent that happening requires politics of a kind we don’t yet have – a politics where cities serve the countryside and its inhabitants at least as much as they’re served by them. I indicate this diagrammatically on page 210 of A Small Farm Future (Figure 15.1) and discuss it in the last part of Chapter 15 in terms of rural disruptors to the centrifugal pull of the city – disruptors that build local political and economic autonomy, that extricate themselves as far as possible, which means not totally, from long-distance trade and geopolitically-centred bureaucratic rule.
Since, as I’ve said, there isn’t a mass politics around this at present, I’m currently quite supportive of many kinds of initiative where people put themselves in the disruptor role. I’m supportive of rich people buying houses in the country with big gardens, growing their own vegetables and joining community organisations. I’m supportive of impoverished van dwellers parking up in laybys and trying to minimize their housing costs. I’m supportive of farm shops, independent town councils, guerilla gardening, allotment associations, people buying small plots of farmland or woodland and living in caravans on them while they start market gardens or charcoal businesses, people occupying (considerately) disused or misused land, people trespassing on aristocratic estates to (sustainably) pick edible mushrooms, wealthy smallholders, impoverished peasants, wily farmers and so on and so on.
Eventually, all of this will have to coalesce into a new politics of local autonomy and access to land, which I think will have to be a populist politics of alliance. We’ll get onto that in more detail when I move to discussing the final part of my book in this blog cycle. But just as George’s gloop factories require a substrate or a feedstock in order to ferment their new kinds of food, so we require a substrate or a feedstock in order to ferment new kinds of agrarian localist politics. It’s from the low base of our present politics and of people trying to get by in the countryside that we need to start creating it.
There are genuine grounds to worry that the outcomes of this local political brokerage won’t always be congenial. Perhaps they’re balanced by the equally genuine grounds to worry that centralized national politics no longer offers that certainty either. The liberal-democratic firmament of late 20th century politics has almost gone now. It seems likely that, locally, nationally or globally, nobody will be coming to save us – unless there’s some other iteration of the centralized state that I’ve not foreseen to safeguard against the potential tyranny of localism, without becoming a tyranny itself?
Even so, I think it’s worth taking seriously the downsides of a new politics geared around rural disruptors. At the session I did with Rupert Read, somebody raised the issue of the conformism of rural society and the greater possibilities for finding one’s tribe in urban settings, particularly for people with spiritualities, sexualities or other traits at variance with majority assumptions in conservative countrysides. That’s sometimes been true in the past, though it remains a story of the future that’s yet to be written. But instead of further belabouring my take on this point, I’d be interested to see what other people make of it in the comments below (note that to be sure of getting my attention, comments should be posted under the relevant post at Small Farm Future and not at other sites where this post may be syndicated). I’ll try to formulate some further thoughts in the light of anything that comes back to me.
Finally, and talking of posting comments, I recently noticed there were a few comments that had been sitting in the moderation queue undetected by me – some from long established commenters, and one from a new commenter. Please accept my apologies for the oversight. If you do post a comment that doesn’t appear, feel free to nudge me about it via the Contact Form. On the rare occasions when I actively choose not to publish a comment it will be for a reason, and I will contact you to explain what that reason is. So if you post a comment that doesn’t appear and you don’t hear from me, it’s best to assume simple incompetence on my part and act accordingly (it’s probably best to assume simple incompetence on my part in a wide variety of other circumstances, but let us not digress at this late stage in the post). Also, finally, if you include more than one hyperlink in a comment it will automatically be held for moderation as an anti-spam measure. So reference judiciously…
The extraordinary political storm unleashed by the FBI search of Trump's Florida resort – CNN
(CNN)The FBI search of Donald Trump’s Florida resort is an extraordinary, historic development given that it targeted a former President of the United States and set off a political uproar he could use to stoke his likely 2024 White House bid.
Trump seizes on the search to fire up supporters
A most sensitive decision
Trump faces multiple investigations
Politics Briefing: Privacy commissioner not consulted over RCMP's use of spyware – The Globe and Mail
The RCMP did not inform or consult with the Office of the Privacy Commissioner of Canada over its controversial use of techniques and tools to secretly capture data from cellphones.
Federal privacy commissioner Philippe Dufresne told a parliamentary committee Monday that he was made aware of the RCMP’s use of these tools through the media, as was first reported by Politico. He said that his office has not yet received information on the tools’ use, but is awaiting a briefing from the RCMP later this month.
Mr. Dufresne, did not, however, criticize the RCMP over its use of the tools, noting numerous times that he has yet to review the relevant information related to their use.
The RCMP’s use of these tools was first revealed in June. In response to an order paper question, the RCMP described being able to gain access to text messages and emails; stored photos and video; audio recordings within range of the device; and images captured on a built-in camera.
RCMP officials will appear before the House Standing Committee on Access to Information, Privacy and Ethics later in the day on Monday.
This is the daily Politics Briefing newsletter, written today by Marsha McLeod, who is filling in for Ian Bailey. It is available exclusively to our digital subscribers. If you’re reading this on the web, subscribers can sign up for the Politics newsletter and more than 20 others on our newsletter signup page. Have any feedback? Let us know what you think.
TREE-PLANTING PROGRAM HITS BUMPS – Ottawa’s 2 Billion Trees program, a pledge to plant two billion trees across Canada, has run into logistical difficulties. Story here.
EMERGENCY ROOMS SEEING SHUT-DOWNS – Burnout, vacations and pandemic-related absences have led to staffing shortages and emergency department closures in provinces across the country, including in Ontario, New Brunswick and Alberta. Story here.
WORKERS NOT KEEN TO RETURN TO OFFICES – Jennifer Carr, president of the Professional Institute of the Public Service of Canada, said that in a survey of their membership, 60 per cent indicated they would prefer to work from home, 25 per cent would like hybrid work and 10 per cent want to go back to offices full-time. Story here from CBC News.
CONSERVATIVE LEADERSHIP RACE
HARPER ENDORSEMENT OFFERS NO BOOST – Stephen Harper’s endorsement of Pierre Poilievre for the Conservative Party leadership may have actually soured some voters on the candidate. Story here.
SOME MPs QUESTION POILIEVRE’S LEADERSHIP STYLE – Several Conservative MPs spoke to the Hill Times about the leadership style of Pierre Poilievre that they will see, if he wins the Conservative leadership on Sept. 10. They say they’re unsure if he will moderate his views in an attempt to bring the party together or will “double down” on his campaign rhetoric. Story here.
THIS AND THAT
The House of Commons is not sitting again until Sept. 19. The Senate is to resume sitting on Sept. 20.
CRA CHEQUES GO UNCASHED – The CRA said in a press release Monday that as of May, 2022, there are an estimated $8.9-million in uncashed cheques from the CRA that taxpayers still need to cash.
MEETING ON AIRPORT DELAYS – The House of Commons Committee on Transport, Infrastructure and Communities is meeting on Monday to discuss a request to complete a study of airport delays and cancellations.
Erin Anderssen, a feature writer for The Globe, kicks off the Decibel’s food week with an episode about eating octopus and why learning about the creature has challenged the way she thinks about eating meat. Episode here.
PRIME MINISTER’S DAY
The Prime Minister is on a two-week vacation in Costa Rica.
No schedules provided for party leaders.
Jashvina Shah (Contributed to the Globe and Mail) on the need for change from Hockey Canada: “There are too many areas of concern to list in one piece. And in order to change a culture, you have to clean the whole house. You need to remove all the furniture and reach into even the furthest corners, where the most dirt collects. That starts with removing the entire board of Hockey Canada, the same board that allowed the organization to discreetly take a portion of player dues to create a fund used to pay off settlements involving alleged sexual abuse. There isn’t room for anyone who was a part of that decision, or knew about it and allowed it to happen, to stay.”
Elaine Chin (Contributed to the Globe and Mail) on employees who are happier and healthier working from home: “Bosses want their employees back in the office, but we have truly arrived at a new normal, and to reverse course there needs to be a more compelling reason to come back other than being told it’s simply what the boss wants. If we come back physically into a workplace, we must come back with a clear purpose, a better time-management schedule and modern workplace designs.”
Ethan Lou (Contributed to the Globe and Mail) on the explosion of subscription services and how we no longer own our own music, books and other objects: “Even if software subscriptions cost less upfront than buying outright, they end up more expensive over the long run. And streaming media entails not downloading the file once but repeatedly with every watch or listen. The resultant data flow is staggering, and so is the energy use. … A purchased CD belongs to us. An album on a streaming service – we’ve come to accept that it does not. And our acceptance pushes technology further down this road.”
Matt Malone (Contributed to the Globe and Mail) on why the ArriveCAN app needs to go: “Consider what the app actually accomplishes. It collects travellers’ personal information and then issues a receipt that they must show to a Canada Border Services Agency (CBSA) officer. ArriveCAN does not validate eligibility to enter Canada; CBSA officers do so. Why does the government need an app to do this?”
Althia Raj (Toronto Star) on Jagmeet Singh’s push for dental plan for Canadians, and his warning to Justin Trudeau: “The NDP leader’s warning comes as the federal Liberals struggle with their summer of ineptitude. There are months-long delays for passports, and years worth of wait at the immigration department where some 2.7 million applicants wait to have their files processed. … If the Liberals and government bureaucrats can’t get basic — and long-standing — services working, how will they manage to establish and deliver a new dental program without it turning into another Phoenix, a public service pay system boondoggle that cost taxpayers billions in unplanned costs and failed to deliver results?”
Everything We Expect at Samsung Unpacked, From Galaxy Z Fold 4 to Galaxy Watch 5 – CNET
Beware the Darkverse and the Cyber-Physical Threats it Will Enable
Mike Tyson up in arms with Hulu claims it stole his story
Silver investment demand jumped 12% in 2019
Europe kicks off vaccination programs | All media content | DW | 27.12.2020 – Deutsche Welle
Global Media Markets, 2015-2020, 2020-2025F, 2030F – TV and Radio Broadcasting, Film and Music, Information Services, Web Content, Search Portals And Social Media, Print Media, & Cable – GlobeNewswire
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