Essays
1984 Is In The Past
SCOTUS Can Push The Republic Over the Edge
In my opinion the Presidential Immunity case before the Supreme Court could be the most consequential to the future of the United States of any case in my life time. The case raises the question of whether Richard Nixon was right in his claims that a President of the United States can never go before the court, that they are not really bound by the rule of law. Had Gerald Ford not given Nixon a pardon it is likely that the Supreme Court in that day would have heard a case similar to the one before them now for Trump.
I can see a Supreme Court of justices who claim to be originalists proclaim that the President is above the law because the U.S. Constitution has holes as it is made of words. When fundamentalists only look for words and ignore meaning or intent that enables them to promote an ideology. The originalist ideology seems intent on returning us to past centuries in which white men held all the power and for which liberty only applied.
If the United States is a nation based on the rule of law, and the Supreme Court says that rule of law does not apply to the President, how can the republic remain based on the rule of law?
Change To How I Make Summary Posts
Rolling Through The Blogs
From Buildings To Floors
We Need An Emoluments Amendment
Pugnosticating The 2024 Chicago Cubs
The Chicago Cubs have completed the 2024 Cactus League spring training “season” and will start the 2024 MLB season tomorrow at the Texas Rangers. As many questions exist about the 2024 team as did for the 2023 team, so it is hard for me to expect them to be too much better than last year. Will Greg Counsell as the new manager make a difference? Perhaps that is the main question going in to this season.
One cannot read much into what happens at spring training, although I attended spring training games in 2016, which is when the Cubs won the World Series, and have not attended a spring training game since nor have the Cubs returned to the World Series. Read in to that what you will.
Markets and Ecosystems
Based on what I’ve read so far, it seems to me the biggest challenge the DOJ has in its lawsuit against Apple is convincing a court that there is such a thing as a premium smartphone market. In my opinion what the DOJ really means by a “premium smartphone market” is an iPhone market, in fact I think DOJ would have been smart to actually call it the iPhone market.
What defines a market? From a traditional lense, one may say there is no such thing as an iPhone market. However, the iPhone is not just a product, it also includes the App Store and accessories like the Apple Watch that are exclusive to the iPhone. Apple and most of the tech industry refers to this as the Apple or iPhone ecosystem and that ecosystem functions in ways that most will recognize as a market. Apple clearly uses monopoly power in its control of the iPhone ecosystem.
If one accepts the iPhone ecosystem is a market then I think Apple most clearly has a monopoly. While I am not even close to being a lawyer, I would think the next step is to convince a court that the iPhone ecosystem/market is large enough to cause harm to a significant number of U.S. citizens to justify government action. Unlike in Europe, antitrust in the U.S. is about harm to consumers and not harm to competitors.
So, if I am right, I think the big question being raised by the DOJ is a question about whether a product ecosystem is a market. The product ecosystem is fundamental to Apple’s business model, and frankly many people benefit from that ecosystem. In some ways the issue of product ecosystems and antitrust has occurred before. At the time when phones were only landlines one could only buy a phone from AT&T and a DOJ lawsuit forced AT&T to allow consumers to buy phones from other manufacturers. I am sure at the time AT&T considered the phones as part of their product ecosystem and AT&T did claim security and quality reasons for why they should be the exclusive providers of phones.
Despite what Apple says, they will fight this suit because the App Store and exclusive accessories like the Apple Watch are competitive advantages. Both are big revenue streams and Apple takes actions to protect those revenue streams. Apple has stated this approach is a fundamental part of their business model.
Consequently another big question being raised here is, if a company makes a product that is a platform for selling other products, is the owner of that platform allowed to be the exclusive store front for those products and require a portion of each sale of that product? HP makes more money selling ink for their printers than in selling printers; Gillette makes money selling razor blades and practically gives away their shavers. Should a manufacturer of a computer platform be allowed to have an exclusive app store that is the only way for one to install apps on that platform? The EU has said no, now the United States is attempting to say the same thing.
To Be Disturbed By Ideas Is O.K.
From “The Problem with Defining Antisemitism” by the New Yorker
Stern tells this story in “The Conflict Over the Conflict,” a work that is unlikely to please partisans. The book makes the case for bridging differences and recognizing nuance. It also describes Israeli-Palestinian history as an “ideal subject” to teach at universities, precisely because it is so divisive. At the West End Temple, Stern reiterated this belief. “On college campuses, students have an absolute right to expect they’re not going to be harassed, they���re not going to be bullied,” he said. “But to be disturbed by ideas is O.K.: we want students to be disturbed by ideas and to figure out how to think about them.”
Site Changes
It started with a post that Manton Reece wrote about long form content publishing in a microblog format and before I knew it I had completely overhauled the appearance of this site. I wrote a reply to that post about my one wish for micro.blog is that it would not publish the full content of a titled post on the main page of the blog. In my opinion posts with titles are essays that are best published in full on their own page. I said that I would rather have a link to essays along with a lede.
Manton replied suggesting that I try the Tiny theme and that sent me down an unexpected rabbit hole of testing the theme and different fonts before deciding to apply that theme to this site. If you are a regular reader of this site you should have notice I made several changes, starting with the title of the site.
Before I go in to how I came to the new title for this site I want to acknowledge Matt Langford who developed the Tiny Theme for micro.blog. I’ve not crossed paths with Matt, but I appreciate his work in developing the theme and the associated summary plugin. Right now I am using the basic functionality of the theme but there are features that I plan to check out more in the future.
The post you are reading right now provides an example of what started me off trying Tiny Theme. If you came to this post via the main page of this blog you saw the title of the post followed by the first paragraph followed by a Read More button. I think not publishing the full, multi paragraph post enables the main page to maintain a “news feed” like appearance. I expect it to also make loading the site faster because the pages are smaller. To read the full titled post you can click either the title of the post or the Read More button.
Having changed the appearance of this site I felt it made sense to change the tagline and the title of the site. Rather than the tagline referring to me, I wanted it to refer to the theme of my writing and found that a sentence from the Thomas Merton quote on my home page did the job nicely. I then used Microsoft Co-Pilot to brainstorm titles that related to the tagline and settled on Routine Revelations.
So welcome to my new, old blog where I write posts and share information about my extraordinary ordinary routine revelations!