80 Replies to “The June Becomes July Thread”

  1. JR, nice to see you back at your blog.

    say, what’s so bad about viewing 43’s head on a pike? a lot of folks want that to become part of history.


  2. That’s in case the red team gets the “throne” in season 4 of
    “The Shrub Files”. I can certainly picture O’Romney uttering “Am I not merciful?”

    Dying empires are a rather messy business.

  3. Hey lately I have a juvenile black bear coming up out of the creek here each night and breaking stuff. Now that’s news.

  4. As quoted from the Roberts opinion:

    “In distinguishing penalties from taxes, this Court has explained that “if the concept of penalty means anything, it means punishment for an unlawful act or omission.” United States v. Reorganized CF&I Fabricators of Utah,Inc., 518 U. S. 213, 224 (1996); see also United States v. La Franca, 282 U. S. 568, 572 (1931) (“[A] penalty, as the word is here used, is an exaction imposed by statute as punishment for an unlawful act”). While the individual mandate clearly aims to induce the purchase of health insurance, it need not be read to declare that failing to do so is unlawful. Neither the Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring a payment to the IRS. The Government agrees with that reading, confirming that if someone chooses to pay rather than obtain health insurance, they have fully complied with the law. Brief for United States 60-61; Tr. of Oral Arg. 49-50 (Mar. 26, 2012).Indeed, it is estimated that four million people each year will choose to pay the IRS rather than buy insurance. See Congressional Budget Office, supra, at 71. We would expect Congress to be troubled by that prospect if such conduct were unlawful. That Congress apparently regards such extensive failure to comply with the mandate as tolerable suggests that Congress did not think it was creating four million outlaws. It suggests instead that the shared responsibility payment merely imposes a tax citizens may lawfully choose to pay in lieu of buying health insurance…….Once we recognize that Congress may regulate a particular decision under the Commerce Clause, the Federal Government can bring its full weight to bear. Congress may simply command individuals to do as it directs. An individual who disobeys may be subjected to criminal sanctions. Those sanctions can include not only fines and imprisonment, but all the attendant consequences of being branded a criminal: deprivation of otherwise protected civil rights, such as the right to bear arms or vote in elections; loss of employment opportunities; social stigma; and severe disabilities in other controversies, such as custody or immigration disputes.By contrast, Congress’s authority under the taxing power is limited to requiring an individual to pay money into the Federal Treasury, no more. If a tax is properly paid, the Government has no power to compel or punish individuals subject to it. We do not make light of the severe burden that taxation—especially taxation motivated by a regulatory purpose—can impose. But imposition of a tax nonetheless leaves an individual with a lawful choice to do or not do a certain act, so long as he is willing to pay a tax levied on that choice.The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”

    Seems straight forward to me but what do I know.

  5. Aufheben or Aufhebung is a German word with several seemingly contradictory meanings, including “to lift up”, “to abolish”, or “to sublate”. The term has also been defined as “abolish,” “preserve,” and “transcend.” In philosophy, aufheben is used by Hegel to explain what happens when a thesis and antithesis interact, particularly via the term “sublate.”

    In Hegel, the term Aufhebung has the apparently contradictory implications of both preserving and changing, and eventually advancement (the German verb aufheben means “to cancel”, “to keep” and “to pick up”). The tension between these senses suits what Hegel is trying to talk about. In sublation, a term or concept is both preserved and changed through its dialectical interplay with another term or concept. Sublation is the motor by which the dialectic functions.

    Sublation can be seen at work at the most basic level of Hegel’s system of logic. The two concepts Being and Nothing are each both preserved and changed through sublation in the concept Becoming. Similarly, determinateness, or quality, and magnitude, or quantity, are each both preserved and sublated in the concept measure.

    – so says wiki

  6. As soon as I can figure out what Aufheben means I’m going to use it to explain e-ver-y-thing…

  7. Yes. It does seem that preservation and change are becoming the same thing. Somehow it reconciles. On political level, Obama seems to be a good vehicle for this. The trajectory has always been the trajectory. The change isn’t change, but rather just a natural progression of events, which do not change except in the minor details or style points. And these things affect nothing.

    By the way. My understanding is those people in the BJM vid are dancing an early version of the Madison (i.e. early 60s). It has since changed but really is still basically the same.

  8. “The white idiot writhes on his chair begging for cheeseburgers… I am surrounded by morons,”

    Sounds like where I work.

  9. Sam Cooke, best singer of all time,
    Jim Brown, best football player of all time,
    Frank Lloyd Wright, best architect of all time,
    George W Bush, biggest coward asshole of all time.

  10. Ever drive by a large apple orchard with no apples…corn field with plants slowly turning brown? All I know is my little melon patch appears to be loving the warm, dry weather. .Some stuff does well, some doesn’t.

  11. “i love this extinction type stuff; the harsher, the shriller, the more in your face, the better. it’s like all my fondest dreams are coming true.”

    oh stop it dave, you’re beginning to scare the children.

    GB, i’d say where you live and points north might be mighty fine in the years ahead. your winters should become much milder. sure, some plants and animals will have to adjust, but that’s climate change for ya.

    remember the old classic “The Graduate” line: plastics? well, i’m telling the kids: Alaska.

  12. Shades of denial creeping in to this response to dave, but some good
    thoughts as well. The warming cannot be denied. The likely culprits have
    been indentified–us, H. sapiens. I think it’s appropriate to remind the
    “problem solvers” that some problems cannot be solved, no matter the good intent. It’s a lot like a career smoker abruptly quitting. It certainly
    helps to quit, as the health improvements are immediate. However, the
    long-term damage remains and the eventual outcome is sealed–a premature death by cancer or heart disease/stroke. We cannot fix decades to centuries of CO2 additions into the ocean-atmosphere system in a short
    period of reversal. Besides, it would cost more than society is willing
    to pay, in either downsizing energy use or putting some portion of it back
    into CO2 sequestration or maintaining the haze loads. My guess is Peak
    Oil or financial collapse will involuntarily allow the societal downsizing
    to occur, but the damage is done, the ocean-atmosphere system has its own inertia, and tipping points lurk out there in the great unknown studied,
    but far from completely understood, as the relatively new topic called
    “climate science”.

    > This same thing (the jet stream being pulled – or pushed – north into
    > the Arctic, with hot and relatively wet air sucked from the tropics
    > into temperate regions) last summer in Russia. Related to the same
    > jet-stream displacement was all that flooding in Pakistan. This
    > summer it’s happening in North America. This has always happened
    > every now and then, and it’s too early to know if the pattern is
    > changing in any systematic way. If that is the case, then it may be
    > part of a general climate change. An entirely different question is
    > what’s driving such a climate change. We don’t really know if there
    > is any more climate change happening now than there is all the time,
    > given all the noise in the weather/climate signal. Best guess is that
    > it’s not an especially significant event or trend, but it’s possible
    > to go ungrounded-dogmatic in either direction on this one.
    > However, this story is great grist for the propaganda mill, the
    > hypesters, and the panic-mongers. Doomers can bask in terror.
    > Nonetheless, it is good to learn that the “adaptation” conversation
    > is gaining traction on the conference circuit, with leakage into the
    > Internet press and the corporate media. It is, after all, the only
    > informed and intelligent response with any integrity or credibility;
    > or with a favorable prognosis.
    > At 11:48 AM -0700 7/8/12, dave lysak wrote:
    >>i love this extinction type stuff; the harsher, the shriller, the
    >>more in your face, the better. it’s like all my fondest dreams are
    >>coming true.

  13. yeah, whatever, climate change happens.

    it can be from radiolariens sucking C out of the atmosphere, or humans pumping it back in, or a host of various other, often unnamed or illunderstood, factors, but it happens.

  14. whatever, i think the “adaption gonna save us” “cause we so good at it” is just another form of rationalization. gonna be hard to adapt to no food and fresh water. we have infrastructure that allows all that for lots of people, assuming they like factory chicken and soy burgers. when oil gets tight in a few moron years, we’re gonna test that adaptable thaing we so good at.

  15. yeah, i don’t know. i think that there will be pockets of humans around for awhile. don’t ask me what “pockets” or what “awhile” might mean, cause i don’t know.

    it’s like you say, head north. does that constitute adapting? i guess, but not genetically.

    humans are probably the best “make do” creature that ever existed. i guess.

  16. of course, if we really do manage to kill off all, or most, of the oceans’ phytoplancton, then we are fucked. we won’t adapt real well to lack of oxygen. i guess.

  17. speaking of pockets, at lunch today with an old buddy discussing contingency plans, the subject of the Anasazi came up. they seemed to congregate in adobe structures under huge sandstone arches way up in the mountains towards their end. look like defensible strongholds. must have been doing guerrilla farming by night, then back to the stronghold by day. not too much cave art, but some still exists and very nice pottery. musta been busy just surviving.

  18. There are four mounds at one fo the larger Anasazi sites which have not been expored. The ranger/ tour guide said we are not at a high enouph tech to dig them up with out ruining them. When I asked how the tomb of Osiris was found using modern radar tech or tech used in the oil industry to look through tons of rocks could not be applied to a simple mound of dirt.He said that would not work. What ever.

    Only a side note on how us humans do not want to know why we have faild in the past and deny our failing future.. Better to live stupid then live free I guess.

  19. ya roach, a lot of denial going on. recall those park rangers are on the government payroll. they usually like and want to keep those nice jobs. all revelations about the anazasi made to me by them have been in low volume with no one else around to overhear us. if you ask the right questions…

    regarding geophysical probes, ground-penetrating radar has been around for many years. i think the ranger was shitting you.

  20. I don’t think GPR would be of much use on a “simple mound of dirt” though. Sounds too small plus weird humpy angles. My guess is a small mound contains an unconsolidated jumble of prehistoric chips of stuff, and rocks. GPR shows this as a big pile of granola.

    I did some work with GPR in the late 80s. So anyway I’m behind the times with the technology so what do I know. We paid a couple locals to drag the transmitter and receiver across the ground on a remnant shag carpet, all day. heh heh. And results had to be printed hard copy on the spot. What a hassle.

  21. Anotherwods, if the stuff was buried in a pit somewhere then GPR might help you find some promising locations where you could dig and have a look. But its a small mound, so you already know where to dig.

    Its generally a good idea to just leave archaeology sites alone and unmolested. But some people can’t help themselves.

  22. in the Los Alamos area, one can spot the former site of anasazi hut ruins as a low mound. usually, some flat rocks lead a path to it, the former entrance. the reason there is a mound of dirt is the site was once wooden, and after it was abandoned, the structure, as it rotted in place, collected dust from the wind. they say that the best pottery pieces are located in those untouched low mounds. i wouldn’t know, as it’s illegal to disturb them.

    Bif, i have a question regarding GPR. would it be useful in locating rock boulders buried within volcanic ash layers? there would be a big density contrast.

  23. “haha, that’s just a buncha’ squiggilly lines an’ shit.”

    i’ll bet that what they said about the first seismic records. hank menard couldn’t figure out what the seafloor magnetic strips were telling him, either.

  24. yeah, i know, i’m just jealous that i don’t know what the squiggily lines mean. plus, i really like bulldozing archeological shit. i’d dymamite the pyramids, given half a chance.

  25. one time, i tried to do some work with ground pentrating sonar. just ended up with a bunch of squiggilly lines. what a bunch of shit i said. let’s just dig some holes, i said. so that’s what we did, with a diesel powered excavator of course.

  26. So there I was at a gun show, people-watching and looking for deals on .357/.38/.40 ammo and maybe a good deal on a 22LR long gun. If I was in the hunt for an AR-15 type rifle or a “tactical” shotgun, zombie defense armaments, tactical pitch-forks or Chinese-made pig-stickers, I’d have been in heaven.

    Suddenly a tinny, scratchy voice was demanding everyone’s attention. There, to my right, about my two o’clock, and up about ten foot above the floor was some old guy with a battery powered megaphone hanging out of a cloth covered wall opening.

    He began to extol the sacrifices of veterans from a rather lengthy list of “wars” since WWII, his little megaphone adding eerie to Pavlovian patriotic warm-up.

    Mr. Megaphone then exhorted his flock to recite with him the Pledge of Allegiance. Those not facing Old Glory did so and as one, the words flowed forth.

    Then, the spell was broken, as a switch might turn off a light. Haggling and conversations commenced as if uninterrupted, clusters of people reformed as before and movement in the hall resumed it’s congested pace.


    Maybe this is common at gun shows, I don’t know. I go 3 or 4 times a year and this is first time I have ever seen this.

  27. Yeah, it’s been a wee bit warmer than normal here. Even the humidity is tamer than normal, but it’s still sticky – reminds me of monsoon season in AZ.

    Apparently we’re in drought conditions here. Lots of sick looking evergreens, not sure it is related.

  28. that tar sands poster would be funny if it wasn’t true.

    remus, when the old growth trees start dying, you know it’s not “just a cycle”. sounds like we’re returning to the droughts of the mid 1200s.

    there’s places on the Big Island that look like that. big trees dead and dying.

  29. Doom, I was noticing you guys were in the drought area. Maybe Mr. Oracle can setup some Sun desalinization servers on his newly acquired island, you know, and help a brother out.

  30. except for the occasional hurricane, not much rainfall out here, probably until November. the northwest part of the Big Island is very, very dry. that is where i saw some very old tree stands that looked parched and dying. dust on the leaves. saw the dust on leaves up in Cains, Australia a few years ago. imagine a tropical forest in drought. it looks like someone’s planter that’s been neglected. and that was supposidly the wet part of Australia. at the time, the Murray River was fast dissappearing.

  31. Its been mid 60s and weeks of rainy conditions in the UK. Beer drinking and sleeping weather. My favorite.

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