On Trump’s Eligibility to Run for President: Who Decides?

The 14^th Amendment of the U.S. Constitution “bans anyone who took an oath to uphold the Constitution but who subsequently ‘engaged in insurrection or rebellion against,’ or gave ‘aid or comfort of the enemies’ of the Constitution from seeking any federal or state office.”[1] Did Donald Trump, when he was President of the United States, engage in insurrection? Furthermore, who decides this and bars him from office?

The full essay is at "Deciding Trump's Eligibility." 

---

[1] S.V. Date, “Trump May Need Supreme Court To Say His Coup Attempt Does Not Violate Constitution,” The Huffington Post, September 2, 2023.

Oppenheimer

An artificial sun rose on an otherwise dark night when the nuclear-bomb test named Trinity ushered in the era wherein our species’ aggressive instinct could render homo sapiens extinct. Given the salience of that instinctual urge—for we are related to the chimpanzee species—the wise (i.e., sapiens) species can be its own undoing. For it took a lot of intelligence in sub-atomic physics to invent the nuclear bomb, yet very little smarts went into deciding to use it against Japan, an enemy that would have lost anyway, in order to save American lives from having to invade the mainland (as if conventional bombs could not have reduced the casualties). Even less thought was put into the need to contain the proliferation of nuclear bombs. Expediency without heeding long-term risk is not a virtue. Kant wrote that even if our species were to institute a world federation, presumably having nation-states that would be semi-sovereign as a check against global totalitarianism, peace would merely be possible, rather than probable. This does not speak well of human nature, and this in turn renders the Trinity test something less than redeeming. “Now I am become death, the destroyer of worlds,” In the film, Oppenheimer (2023), Robert Oppenheimer reads from the Hindu scripture, the Bhagavad Gita, as a woman is on top of him in sexual intercourse. The irony of him being an instrument of mass destruction as director of the Manhattan Project and yet being engaged in potentially reproducing life with a woman is doubtlessly the point of that scene. Hindus who leap to the conclusion that Nolan is insulting their religion miss this point. Had the director included a scene in which Oppenheimer is praying, for example for the Jews in Nazi Germany at the time, a quote from the film, Gettysburg (1993) would have been similarly fitting. In that film, Col. Chamberlain of the Union army remarks, “What a piece of work is man . . . in action how like an angel!” Sgt. Kilrain replies, “Well, if he’s an angel, all right then . . . But he damn well must be a killer angel.” In the nuclear age, killer angel takes on added significance. The question is perhaps whether we have left angel behind as our species’ intelligence has outdone itself, whether in terms of nuclear war or rendering a climate unsuitable for us.

The full essay is at "Oppenheimer."

Contending Christianities

The films Agora (2009) and Fatima (2020) contain very different depictions of Christianity. By depictions, I mean ways in which Christianity can be interpreted and lived. This is not to say that all of the interpretations are equally valid, for only those that contain internal contradictions evince hypocrisy. The sheer extent of the distance between the depictions shown in the two films demonstrates not only the huge extent of latitude that religious interpretation can have, but also just how easy it is even for self-identifying Christians, whether of the clergy or the laity, not only to fail to grasp Jesus’ teachings in the Gospels, but also to violate the two commandments even while believing that Jesus Christ is divine (i.e., the Son of God). The human mind, or brain, can have such stunning blind spots (or cognitive dissidence) when it comes to religion that even awareness of this systemic vulnerability and efforts to counter it are typically conveniently ignored or dismissed outright. This is nearly universal, in spite of claims of humility and fallibility more generally, so I contend that the human mind is blind to its own weakness or vulnerability in the religious sphere of thought, sentiment, and action. Augustine’s contention that revelation must pass through a smoky stained window before reaching us is lost on the religious among us who insist that their religious beliefs constitute knowledge. I contend that this fallacy as well as the larger vulnerability to hypocrisy should be a salient part both of Sunday School and adult religious education. For the vulnerability is correctable, but this probably requires ongoing vigilance. That is, the problem is not that the divine goes beyond the limits of human cognition (as well as perception and emotion) as Pseudodionysus pointed out to deaf ears in the 6^th century; the human brain is fully capable of spotting and countering its own lapses in the religious domain. In other words, the problem here is not that of the human mind being able to understand the contents of revelation because must travel through a darkened window before reaching us; rather, the problem lies in grasping what Jesus preaches in the Gospels and putting the spiritual principles into practice, rather than doing the opposite and being completely oblivious to the contradiction, which is otherwise known as cognitive dissidence. The two films provide us with the means both to grasp this problem and realize how much it differs from a healthy faith that has the innocence of a child’s wonder.

The full essay is at "Agora vs. Fatima." 

Fatima: The Miracle of the Sun

The film, Fatima (2020), tells the story of the three Roman Catholic children in Fatima, Portugal, who in 2017 claimed to see and hear the Virgin Mary periodically over a period of 6 months. The film centers around Lucia, the oldest of the three children, and, moreover, the question of whether the children really encounter the Virgin, or are lying, hypnotic, or even psychotic. In the film, as well as in “real life,” a miracle is associated with the last visitation. In the story world of the film, the visitation really happens, and the multitudes watching the children come to believe this when the Virgin delivers on a miracle as promised. Historically, believers as well as nonbelievers who were present at the event have testified that the Sun moved around in the sky and even came closer. If this really happened as witnesses have described, then the empirical “proof” in the story world of the film is not the whole story, and the religious truth therein is not limited to the faith narrative, but holds in an empirical, supernatural sense. An implication is that Jesus not only resurrects in the Gospel stories, but also as an empirical event in history. But, then, why have such supernatural events been so rare since the “time” of Jesus?  And, yet, witnesses as far as 40 km away from the visitation of the Virgin reported seeing the miracle of the Sun.

The full essay is at: "Fatima"

Leadership “Coaches” Using Social Media: Utopian Ideologues

Leadership as a topic in business became popular in the 1980s. It was not enough, however. James Burns distinguishes transformational leadership from the mere transactional leadership in his book, Leadership. Servant leadership raised the ethical bar by applying the ethical model of Jesus in the Gospels to leadership in business. Leadership vision quickly became a buzz word, as was charismatic leadership. All of these renderings can be interpreted as business trying to escape its mundane terms for a loftier enterprise in which ideals are more salient or applicable. As valuable as efficiency is, it is difficult to get excited about it. The problem is that many (or some) leadership consultants on social media have gotten too caught up on their utopian platitudes that leadership becomes a mere subterfuge. Certainly the utopian ideologies do not define leadership or are attributes of it, and yet the "coaches" claim that platitudes are necessary to leadership. In other words, I contend that leadership gurus, or "coaches" (a mis-applied analogy that wrongly dismisses the word "consultant" as too boring), had by 2023 taken to social media to project whatever utopian ideology they value onto leadership. The term has become too vague as a consequence. In fact, the concept of leadership became a near synonym for goodness in human relations and excellence in terms of virtue ethics. As a result, the concept approaches being a tautology whose actual meaning has been rendered vacuous from the a projection of so many subjective, utopian ideologies. Relative to such lofty remakes of leadership, management has become almost a dirty word—certainly not as flashy as visionary leadership. In actuality, the "coaches" are evangelical ideologues.

The full essay is at "Utopian Ideologues in Leadership Consulting."

See also: The Essence of Leadership

Walmart: Encroaching on Employees' Private Lives

In 2023, Walmart relaxed its policy requiring anyone applying for a job at the company to get a drug test, including for marijuana, which at the time was legal in several U.S. member states. Once hired, however, employees were still subject to random testing. An employee in a member state in which the drug is legal could be fired even if the person is never affected by the drug while working. I contend that the practice is unfair, unethical, and an over-reach in terms of the nature of a labor contract. 

The full essay is at "Walmart: Encroaching on Employees' Private Lives."

See Related: Walmart: Bad Management as Unethical

Getting the Seasons Wrong: Purblind Meteorologists

You may think you know the answer to the question, “When is the autumn season?” But do you? Watching the weather section of local news on television or the internet, you could be excused for getting the beginning date wrong because it is the meteorologist who has misled you. In itself, getting the exact day right is not a big deal; it is not as if the temperature can be expected to take a nose-dive on the first day of fall. The astonishing thing is that so many meteorologists either knowingly or out of ignorance present the astronomical beginning of the “autumn” quarter of the Earth’s orbit as the meteorological start of fall, for the two are different yet admittedly related.

The full essay is at "Getting the Seasons Wrong."

On the Infallibility of the Pope: The Assumption of Mary

What does it mean for a human being to be vested with infallibility in a religious organization even though like all humans, that one is a finite being? Ironically, it is often the ignorant who presume that they cannot be wrong (i.e., that they are infallible). That is something else entirely. The sort of infallibility granted by the Roman Catholic Church on its pope does not mean that he knows everything or can’t be wrong about anything. The infallibility is circumscribed to cover only religious doctrine. In short, Roman Catholicism gives the Pope the authority to promulgate theological truths that go beyond, yet are consistent with, the Bible. A pope cannot say that Jesus is no longer to be regarded as the Son of God, for such a claim obviously contradicts the canonical gospels. Yet more could be said that is consistent with Jesus’ divinity, and even about Mary, whose womb is regarded as blessed. The “Mother of God” is itself a title that practically invites further theological elaboration beyond the material on her that is in the Gospels. I have in mind here the Assumption of the Virgin Mary, which is celebrated by the Roman Catholic Church on August 15 annually. The feast-day is not a minor holy day for Catholics, for they are obligated to attend Mass. Indeed, a human body being admitted into a spiritual state is no small matter theologically. 

The full essay is at "The Assumption of Mary."

Judgment at Nuremberg

Judgment at Nuremberg (1961) is a serious film that enables the viewers to wrestle with the demands of justice for atrocities enabled by German jurists in NAZI Germany and the post-war emerging Cold War between the U.S. and the U.S.S.R., for which the American military needed the support of the German people against the Soviet Union. The film accepts the need of such support as being vital in 1947, when the actual trial took place (the film has it as 1948). To the extent that acceptance of this assumption is deemed spurious, the viewers would likely view the tension as being between the need for justice, a virtue, and expediency, a vice. Accordingly, the pressure from an American general on the prosecutor to recommend light sentences so not to turn the German people against the Americans and thus from helping them in the Cold War can be viewed as being astute political calculation in the political realist sense of international relations, or else undue influence or even corruption of a judicial proceeding. 

The full essay is at "Judgment at Nuremberg."

The Screen Actors Guild Strike: American Capitalism Is Inherently Unbalanced

On July 14, 2023, Hollywood actors joined the writers in going on strike against the studios, which had changed the business model in ways, according to the Screen Actors Guild (SAG), that were leaving the vast majority of actors out financially. At the time, AI (artificial intelligence) was the red-hot buzzword, promising unheard of advances but also baleful clouds on the horizon. The president of SAG sounded the alarm on not only the threat of AI given the studios' new business models predicated on ubiquitous streaming and digital technology, but also the more long-standing and ingrained American corporate system of Capitalism wherein upper managements get away with not sharing the surplus of corporate wealth due to an inherent or institutional conflict of interest. Indeed, Fran Drescher, the president of SAG, was not far from calling into question the taken-for-granted assumption in Capitalism that residual profits should go to stockholders exclusive. Questioning that default (as well as claiming that CEOs get to set their own compensation by controlling their respective boards of directors) would have made Drescher's announcement of a strike truly revolutionary. She was so close. 

The full essay is at SAG Strike

Turkey's President Enables Euroskeptic Ideologues

The European Union is not a military alliance, like NATO or the ancient Spartan League. Nor is the E.U. merely a free-trade agreement like NAFTA. In terms of the history of federalism, the E.U. instantiates “modern federalism,” wherein governmental sovereignty is split between federal and state levels, rather than confederalism, wherein all such sovereignty is retained by the states. Both the U.S. and E.U. instantiate modern federal systems, although ironically the U.S. was originally a confederal system of sovereign states. In likening the E.U. to NATA in 2023, President Erdogan of Turkey unwittingly committed a category mistake. This in turn weakened his attempt to leverage his power in approving Sweden as a country in NATO with his demand that the E.U. admit Turkey as a state. 

The full essay is at "Turkey's President Enables Euroskeptic Ideologues."

On the Decadence of American Journalism: Journalists as Celebrities

I submit that when a conveyer of the news becomes the story, something is wrong; in typing this sentence initially, I did not include I submit that. To state my thesis statement as if it were a fact of reason (Kant’s phrase) seemed to me rather heavy-handed (i.e., arrogant). Similarly, when some Americans insisted after the U.S. presidential that Don Trump had won as if the asseveration were a fact of reason, I could sense aggressiveness along with the presumptuousness in treating one’s own opinion as a declaration of fact, especially if the actual fact—Joe Biden being sworn into the office—was otherwise. Opinion is one thing; fact is another. When a person misconstrues one’s opinion with fact, something is wrong. I believe this happens so often that it may be due to a problem innate in the human brain. Religious folks would not have to reach far to point out that in the story of Adam and Eve in the Garden of Eden, the sin of pride manifests in wanting to be omniscient; eating of that proverbial apple of the knowledge of good and evil ushers in original sin. A person perceiving one’s own opinion as fact, or even as important as fact, implicitly regards oneself as God. A journalist who interlards one’s role in conveying the news with one’s own commentary, and an editor who then makes that commentary the point of a story both treat a means (i.e., the conveyer of news) as an end (i.e., the news itself). I contend that at least by 2023, American journalism had fallen into this hole with impunity, which involved a lack of industry self-regulation and individual self-discipline. 

 

The full essay is at "American Journalism." 

The U.S. Supreme Court: Free Speech Trumps Public Accommodations Law

I contend as a matter of reasoned opinion rather than infallible fact that the Free Speech protection in the U.S. Constitution applies to not only human beings, rather than to non-human legal “persons” (e.g., corporations), but also to speech where the purpose is speech rather than something else. I have written elsewhere on the mistake in treating corporations as if they were human beings, so I treat only the second claim here. I reference the first claim only as context for my broader claim that the U.S. Supreme Court has tended to over-extend applications of the free-speech clause not only beyond its original intent, but also common sense. The latter violation is particularly astonishing. 

The full essay is at "Free Speech and Public-Accommodations Law"

Pittsburgh Businesses Encroach on Public Property with Impunity

Private property, competition, and the market-mechanism have come to be assumed to be integral to the economic system of Capitalism. The assumption that this cluster of attributes is necessary is faulty though, as, for example, the state can own some or all of the “means of production” (i.e., firms) that are subject to market competition, especially if privately-owned enterprises also exist. China had a mix of private and state-owned enterprises compete in several industries when the state opened the economy to competitive forces setting supply and demand. In Wisconsin, the Green Bay Packers, an NFL football team, is owned by the residents of that city, such ownership being Socialism, and yet that team has competed not only to win, but also in the hiring of players and managers. A competitive market does not require that the property of the means of production be privately owned. Even in the case of private ownership of companies, the widely accepted custom wherein the owners receive the residual profits after expenses is dogmatic in the sense of being arbitrary. Alternatively, creditors or employees/managers could receive any excess revenue after expenses have been paid. In short, Capitalism as it has come to be known and exercised is more arbitrary than capitalists may realize. Even the taken-for-granted distinction between public and private property is not as stark as may be typically supposed. This is no excuse, however, for businesses that knowingly encroach on public property as if it were their own private property. A Capitalist economic system predicated on private property may contain not only the seed of monopoly, as Marx claimed, but also a tendency of private enterprises to over-reach on the public domain. If so, government has a responsibility to prune back the overweening tentacles. Two examples make this point.

The full essay is at "Companies on Public Property."

When Police are the Bad Guys: Extricating the Aggressive Personality and the Presumption of Being above the Law

The assumption that more police than we might expect have in not being subject to the law even while off-duty suggests that hiring, training, and retention practices of police departments are inadequate. The presumption of being an ubermench and thus untouchable is dangerous when the person can legally carry a gun. Memo to police departments in the U.S.: please notify your employees that they are subject to local, state, and federal laws, period. Any indication of any presumption to the contrary subjects the culprit to termination. Unfortunately, police departments and their respective city governments in the U.S. are far from such enlightenment as could hold their employees accountable.

The full essay is at "Presumptuous City Employees."