September 08, 2022

Horse 3064 - Eudaimonia - Element II - Nobility

What a strange world we live in. As we spend the opening of the third millennium running from side to side like brainless sheep, not only have we decided to abandon all notions of objective truth but the second thing to fall by the wayside it that we have decided to abandon any and all sense of obligation that we might have toward one another. 

As the centre of the observable universe is 19mm behind people's corners, we are actively encouraged to consider that that we are the most important thing in the universe. As a result of deciding that we are the most important thing in the universe, we are actively encouraged by the media to demand our rights (whatever they happen to be at the time) and to consider that any and all obligations that we might have to each other, are secondary to whatever our heart currently desires now.

The problem with having this as a mindset and a permanent mode of operation, is that the longer maturing products of the soul such as patience, calm, peacefulness, and nobility, never grow any more. You can not grow patience when everything has to be demanded now. You can not grow calm or peacefulness in an atmosphere of perpetual yelling. You can not grow nobility in a ground that constantly changes.

I don't think that we tend to understand the idea of what being noble is very well, any more. Certainly the context which I am likely to find it is in referring to noble gases and noble metals; in both cases they refer to things which are unreactive, untarnishable, and unchanging.

When looking at the element of σεμνός (Semnos), we get to look at a concept which is difficult to nail down. Semnos from Greek has been alternatively described in English as the idea of being revered, august, holy, grave, noble. Those things might be close but still do not quite get there.

On the face of it, someone who is noble has cultivated the quiet personal qualities that people admire and then actively decides to behave the way an admirable person would.

We can assume that a noble person is responsible. In the first instance that means that they're going to take ownership for their actions and if they do happen to have made any mistakes, they will not try and shift the blame on anyone else and own up to what they did.

However, in order to take ownership for their actions, that implies that they already had a sense of duty to own them in the first place. Being responsible requires someone to have taken ownership of the things they do and the commitments they get into and then putting that into action. To some degree that also implies that in fulfilling that duty, they will act independently by making decisions without necessarily needed someone else’s approval in mind.

The logical end point of being responsible is that someone knows what their objectives are and then works towards them. Life is frequently stupid, frustrating, obnoxious, and disappointing; and that means not running away when things get hard. Having an objective and sticking it out, means doing the best they can to fulfill their duties and persevering through the stupid, frustrating, obnoxious, and disappointing things that that life throws at them to reach the goals they’ve set for themselves.

However being responsible still doesn't actually arrive at the description of being noble either. One can very easily argue that that singlemindedness is also a common trait with sociopaths who with tread on whoever the need to, to get their objectives done. The abuse of greatness is when it disjoins power from remorse. The abuse of responsibility is when it disjoins power from kindness.

I think that few would argue against one of the most defining traits of a noble person is kindness. I would hope that most of the time, the bare minimum standard of behaviour is politeness but kindness is that extra step which recognises that the person standing in front of us, is a human who is is just as equally complex as we are. Kindness includes being compassionate and forgiving, perhaps behaving with sympathy and empathy, and knowing how to understand other people and care for other people without the intent of selfish gain as a result.

Kindness and responsibility together, still don't actually at the concept of Semnos. Both Aristotle and Plato use the word in relation to someone being noble in battle; and it is really really hard to be kind to someone if you're trying to hack off their head with a sword. Being noble in battle looks at the enemy, who probably also has a mutual obligation to want to kill you and in fact a duty to do so and then accepting the fact that the duty still exists. Semnos also borders the concept of courage.

Courage is not the absence of fear. Fear is a perfectly reasonable reaction and emotion that a thing or a person has the power to harm or kill you. It is perfectly fine to be fearful. Courage means staring into the face of the scary thing a realising that you have to do it anyway. Fearlessness isn't courage either. Fearlessness might indicate recklessness or a lack of sense in the face of a scary thing.

Courage is not letting one's emotions dictate the circumstance but rather courage demands strength on character because it comes from the place which says that better judgement says that the action or thing worth doing is more important.

On that note, better judgement comes from a place of wisdom. It should be noted that someone who is noble can be intelligent but that intelligence is not congruous to being wise. Wisdom is the almost always learned quality which is gained through experience; which admits that it is impossible to always be right and that there are always things to be learnt from the environment, the circumstances, the people, and the current facts; all of which might be subject to change.

Being noble takes responsibility, kindness, courage, and then transforms them into a unified moral production. A moral person might know the difference between right and wrong and even practice it but being noble takes one's moral values and then does hard things with them. It might require fighting against the injustices of the world and standing firm and in the face of things, for what is right. It might not even be particularly convenient or even the right thing to do in the moment but the right thing to do in the long run. Invariably there aren't any rewards for being noble; it just that the practices of virtue are things which should be done as the own end.

September 07, 2022

Horse 3063 - Constitutional Survey - V(iv)

58. Royal assent to Bills

When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen's assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen's name, or that he withholds assent, or that he reserves the law for the Queen's pleasure.

Recommendations by Governor-General

The Governor-General may return to the house in which it originated any proposed law so presented to him, and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation.

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In theory the Governor-General acts as that very last check on the power of the parliament. In practice, this is never exercised and I can not honestly think of or find a case in Australia where the Governor-General has withheld assent.

Truth be told, if the Governor-General were to withhold assent to a proposed law passed by both Houses of the Parliament, then there would be a public outcry. I think that there would be some very very hard stares indeed and that the Governor-General would find themselves out on the streets of Canberra even quicker than Jack Robinson would think of his own name, much less say it.

To take this point even further, Governors-General tend to be either ex-military officers, ex-lawyers or judges, and ex-Premiers. Very rarely (probably never) is a Governor-General installed because they are going to be an independent expert of the law. They tend to be very very compliant; to the point of caving into any and all demands that the Prime Minister of the day has. This will become important later in this series.

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59. Disallowance by the Queen

The Queen may disallow any law within one year from the Governor-General's assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.

<>

Again, I can not think of an instance when a law where the monarch has disallowed any law which has been given the Governor-General's assent. Section 59 says that such a disallowance were it to occur, would have to be presented by speech or message to each of the Houses of the Parliament which presumably is by personal attendance to the Parliament (which would not have been an easy thing to do in 1901), or by Proclamation. Both of these would have been thunderously significant had they ever occurred.

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60. Signification of Queen's pleasure on Bills reserved

A proposed law reserved for the Queen's pleasure shall not have any force unless and until within two years from the day on which it was presented to the Governor-General for the Queen's assent the Governor-General makes known, by speech or message to each of the Houses of the Parliament, or by Proclamation, that it has received the Queen's assent.

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If I read this correctly, a bill which has been set aside, begins a countdown clock or two years which if it is given the monarch's assent, then becomes law. I suspect that in the days of steamship travel, that they were counting on a very long process for a bill to be passed. 

If it takes six weeks to get to Britain, then time from the bill to pass from the ship to the Privy Council, then time for the Law Lords to ponder, pontificate and prance about like preening prize ponies, then time for the Privy Council to explain the significance of the bill to the monarch and why it had to be set aside, then time for the signed bill which has been given Royal Assent to go from Britain to Australia, then it might take several months. The whole machinery of parliaments can move glacially if given the chance and Section 60 anticipates that glacial speed. Let's not be too hasty here. 

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These three sections are really the last proper vestiges of empire. In practice they do not get triggered and sit around dormant like Latin textbooks in a fish and chip shop. They might get picked up and even looked at occasionally but they don't really have very much to to with the price of fish. 

In practice Australia has been independent for a very long time and given that on some issues such as voting, or the ability of upper houses to block supply, or the singular problem of Federation itself, Britain was either falling way behind or had no idea how to address these things, then Sections 58, 59, and 60, are not the magical boogeyman trump card that republicans think that they are. 

And yet, I like the idea that if the Governor-General was so horrendously horrible and heinous, that the monarch could cry 'havoc' and let slip the cerberus of legislation.

September 05, 2022

Horse 3062 - Eudaimonia - Element I - Truth

I could be wrong but one of the things that I think that we have lost especially over the past ten years or so, is any kind of political notion of Eudaimonia. It used to be for a while that have witnessed and participated in the worst kinds of horrors that mankind inflicted on itself, we as a world were forced to take a good hard look at ourselves and quite rightly be very very scared of the human condition.

At the centre of human nature, I think that it is self-evident that the centre of the universe is ourselves. The centre of the observable universe is always from the observer's standpoint and because we can see no other, that invariably must mean that selfishness is the default position.

The outworking of that standpoint, in the earlier part of last century resulted in the destruction of 100 million people in two bouts of global unpleasantness; culminating in the literal vapourisation of people by the means of atomic extinction device, not once but twice. 

In the wake of the second bout of unpleasantness, a short period of trying to rebuild the world in a spirit of Eudaimonia took hold. Suddenly, the old Aristotlean idea of Eudaimonia or the state or condition of 'good spirit' ('eu' good + 'daimon' tutelary deity) generally comes out as either 'happiness' or perhaps 'welfare'. In Aristotle's Nicomachean Ethics, eudaimonia is seen as the the highest good for humans and that living a 'good' life and living 'well' is the highest purpose (even though philosophy generally likes to argue longly and loudly about what kind of live being lead and how it is lead, counts as living well).

I would like to posit that there are several elements which hint at what might be taken to living a good life and that all of these can be examined and more importantly, practiced for their own sake. I think that there would be few people who disagree about the value of these things.

Eudaimonia - Element I - Truth.

Aristotle likes to use the word Aletheia; which is a-lethe or 'without concealment'. Truth is that which can be proven, which is self-evident, which can be demonstrated, or which is factual about the nature of reality. Likewise, Alethiology as the study of truth, is different to epistemology which is concerned with the study of knowledge. Granted that there is a semantic difference but it must be said that what is true is a far narrower field than what can be known and how it is known.

Generally speaking, truth is nominally coherent. That is, the facts which go together to make up a true statement or a truth in itself, must all be integrated into something which is at least logical. Admittedly as small and limited beings, we are not actually in possession of all facts and so in a lot of cases, the best fit or explanation which reconciles all known facts is more likely to describe a truth.

I suppose that it might be possible to construct a truth from things which are incoherent but I fail to see how that works by definition. Usually incoherence and being illogical go together. On the face of it, proposing an argument from incoherence, validates it and that doesn't hold up internally.

One of the things which helps if you are trying to establish something as true, is how many people will consent to it. Now obviously just because people agree to a thing doesn't make a thing true, such as saying that the earth is flat when it just isn't, but some things must depend upon the consent of an individual to establishing whether or not a thing is true. 

A thing can be taken to be true if when a series of arguments and statements follow each other in a way in strict consistency. If P=Q and Q=R then it can be taken that P=R. This kind of logic however, falls over if the premises require an a priori standpoint or another test to prove any of the elements. If a thing is able to demonstrate consistency with the facts it considers, then it follows that all possible facts must also be able to demonstrate that same consistency in order to be considered as truth; regardless of how they might affect the theory. A lot of science is based on the principle of trying to look for something to break the system because once broken, a thing does not hold up to being true any more.

Having said that, things might very well be true if they appear to contradict each other but are not necessarily related. The real value of a proof makes itself known which it can reconcile seemingly disparate and unconnected and possibly contradictory facts into a coherent and cohesive whole.

In general if things are cohesive, consistent and people will consent to them, then not only do you get closer to establishing what is true but you also get closer to establishing harmony and peace. Most people will agree that it is not a good idea to murder people, to use violence against people, or to steal from them, and if all of these things are true, then avoiding these things produces the collective good of peace and harmony. That which is peaceful and in harmony, gets closer to what we might call 'good'. 

Especially in the realm of politics, the amount of disharmony and disunity which has erupted, has been less to do with merely people yelling at each other but the abandonment of truth and the repeated propagation of lies. It does not help that news outlets which may once have been the big gatekeepers of collective truth, have decided to disseminate lies in the name of profits. Moreover, the internet which has the ability to connect anyone to anything that they choose to select in their own personal nest of statements, doesn't really do a good job of demarcating the sacred and the silly and fact from fiction. Whereas once in a newspaper the physical sections of the paper kept those things separate, today they are paraded along side each other. Worse, social media which makes no judgement on the value of anything, parades everything in one giant doomscroll. 

Science and Religion and Art all in their own way teach us something about the nature of reality, about the nature of the human condition, and about the nature of ourselves and how we fit into it. It is worth thinking about what it is true, why it is true, whether or not that truth can be broken, or whether or not it can be fashioned into something which is better. Until we've repaid for the dreams we've bought with our lies, we'll be cast away alone under stormy skies.

"In an age of universal deceit, telling the truth becomes a revolutionary act."

September 03, 2022

Horse 3061 - Stage 3 Tax Cuts And The Marginal Utility Of Mayonnaise

https://www.abc.net.au/news/2022-05-11/stage-3-tax-cuts-middle-income-earners-go-backwards-inflation/101053322

Part of stage 3, the part that cuts the rate applying to incomes over $45,000 from 32.5 cents in the dollar to 30 cents, will benefit most taxpayers. The bigger part extends that low rate all the way up to $200,000, abolishing an entire rung of the tax ladder paid by the highest earners. For those very high earners, the part of their income that was taxed at 37 cents will be taxed at 30, as will part of the rest that was taxed at 45 cents.

A politician, on a base salary of $211,250, will get a tax cut of $9,075. A registered nurse on $72,235 will get a tax cut of $681 according to calculations prepared by the Australia Institute. More broadly, a typical middle earner can expect $250 a year, whereas a typical earner in the top fifth can expect $4,230 according to a separate analysis by the parliamentary budget office.

The fate of the middle earner will be made worse by the loss of the $1,000+ middle income tax offset which wasn't extended in this year's budget, sending the middle earner backwards.

The typical female earner will go backwards too after the loss of the offset, getting half as much as the typical (higher earning) male, according to the budget office.

- Peter Martin, ABC News, 11th May 2022

If there is one common trait among every single person in existence, it is that the centre of their universe is between 19mm and 21mm behind their corneas. As a consequence, very few people bother to or even dare to imagine the world complexly, and from any other standpoint apart from their own. I think that it's reasonably fair to say that the realms of religion and economics both recognise the central plank of human nature that people have an almost unlimited propensity for selfishness. 

You can apply this to the question of what people are willing to accept as truth. Right through school, swathes of people can't be bothered to learn anything because learning is hard work. When it comes to the 

formation of opinions to do with deciding policy, people again can not be bothered to bother to learn basic concepts in science, economics, arts, literature; precisely because those things might interfere with and upset their pre-formed demands to be selfish. People's unlimited propensity for selfishness is likely the root cause of all of the vices and outworkings of those vices such as obesity, domestic violence, racism, sexism, et cetera ad nauseum. I am still yet to be convinced otherwise.

You can apply this to the whole realm of politics, from anything from education to health policies, to wages policies and taxation. The kinds of people who in the days long gone would have owned other people as chattel goods, now do not want to pay wages, or for the things which will benefit society as a whole. This has been evidenced by not only the fact that people have only voted for nominally leftist government for 25% of the past quarter century but also in the current and vociferous opposition to the current government's semi-wish to abandon the so-called "Stage 3" tax cuts.

Income tax is actually a tax on the net increase that someone has made over a calendar year. Income Tax Assessment and the 1936 and 1997 acts therein, allow for people and businesses to make deductions from the overall amount being assessed for taxation. The tax rates are then progressively applied; so that the last dollar is taxed at a higher rate than the first one; usually at various taxation brackets. One of the common fallacies that you hear is that when someone moves up into a higher tax bracket, they are worse off. This is obvious rubbish as it is only the very last few dollars which are being assessed at the higher rate; the rest of their income is still being assessed at exactly the same rates as before.

What's lost in this narrative being pushed by richer selfish people, is that it is actually prudent to tax that last dollar at a higher rate of tax because the utility of that last dollar tends to decrease as incomes increase. 

The Utility of a thing is the usefulness of a thing; which is measured or imagined to be measured in theoretical units call 'utils'. Utility generally refers to the amount of enjoyment, usefulness or advantage that a thing confers upon a person.

When we refer to the marginal utility of a thing, we are looking at the amount of enjoyment, usefulness or advantage that the very last slice of a thing confers. If we take an infinitely small slice of a thing, then we can use calculus to work out what the point marginal utility of a thing is. However, while I might derive enjoyment from doing calculus, I am pretty sure that you do not. I am sure that my average enjoyment of doing maths is far more than yours; so I shall explain this concept not with maths by mayonnaise.

Suppose that we have a very small economy, where the distribution of mayonnaise determines how wealthy our citizens are. The citizens of our Kingdom Of The Kitchen are Alice, Bob and Charlie (A, B, C). Alice has 1 jar of mayonnaise. Bob has five jars of mayonnaise. Charlie has 50 jars of mayonnaise.

We can determine their marginal rates of utility by making them eat their mayonnaise. Even if you have unlimited mayonnaise, there is always some point where it is simply unpalatable to keep on wolfing down the stuff. Nobody in the world needs to eat that much mayonnaise. Probably most people will enjoy 1 or 2 teaspoons but by about 10 teaspoons of mayonnaise, it gets pretty horky borky pretty quickly.


You put your teaspoon in, you pull your teaspoon out.

You put your teaspoon in, and you have a little snack.

You keep on eating mayonnaise until you chuck,

And that's what it's all about.

Whoa horky borky borky!

Whoa horky borky borky!

Whoa horky borky borky!

That's what marginal utility is all about.

In general, the marginal utility of a thing tends to go upwards to a point and then drops off after maximum utility/usefulness/happiness has been achieved. At some point, you simply can not eat that much mayonnaise. 

If we were to enact some kind of taxation policy in our mayonnaise based economy, we can compare different kinds of policy mixes.

With a solitary stationary standing statutory rate, we can compare a taxation demand of 1 jar of mayonnaise. Alice loses all of her mayonnaise. Bob loses 20% of his mayonnaise. Charlie loses 2% of his mayonnaise. The average rate of taxation is regressive in this case as the actual burden of taxation falls most heavily on Alice.

With a flat rate of taxation at 20%, Alice loses 0.2 of a jar, Bob still loses 20% which is 20% of his mayonnaise, and Charlie loses 10 jars. 

With some kind of progressive rate of taxation, Alice who has less mayonnaise will have less of her mayonnaise demanded as a percentage than Bob, who will also have less of his mayonnaise demanded as a percentage than Charlie.

The thing is though, that it makes sense to impose progressive rates of taxation precisely because the marginal utility of mayonnaise decreases with each individual jar beyond a point. You can test this my making them eat the mayonnaise. Alice might very well be able to eat 20% of a jar of mayonnaise. Bob would likely start to protest if you made him eat a whole jar. Unless Charlie is some kind of mayonnaise freak, there is no sensible set of circumstances under which he would eat anymore than about a jar and a half of mayonnaise. 

Alice might be taxed at zero mayonnaise. Bob might be taxed at 1 jar of mayonnaise. Even if Charlie is taxed at the rate of 10 jars of mayonnaise, there is still no sensible set of circumstances which suggests that he is going to be short of the stuff as he still has 40 jars.

So it is with money. 

Mayonnaise is subject to the same sorts of marginal utility as mustard, chocolate, houses, knives, chainsaws, poison ivy, cars, and money are. If we substitute our jars of mayonnaise with say $40,000, then Alice has $40,000, Bob has $200,000 and Charlie has $2,000,000.

If we impose a solitary stationary standing statutory rate, then the burden of that taxation is going to fall most heavily on Alice. If we impose a flat rate of taxation, then the actual burden of that taxation is still going to fall most heavily on Alice. If however we impose progressive rates of taxation, then it makes sense to impose a higher rate of marginal taxation upon those dollars that people are the least likely to miss. 

The thing that the right-wing scum media outlets are trying to do at the moment, is justify the baked in "Stage 3" tax cuts. By riling up the Bobs of the world and poisoning their opinions of Alice, they can justify lessening the burden of taxation on Charlie. Guess what? The right-wing scum media outlets are Charlie. Charlie doesn't need the mayonnaise. It's just that Charlie has an unlimited propensity for selfishness. 

Further Reading:

https://www.jstor.org/stable/2548766

- On the Marginal Utility of Money and Its Application, Economica No.40, R.G.D.Allen (May 1933)


September 02, 2022

Horse 3060 - Letters To The Editor

pg 9 - World

pg 15 - Finance

pg 23 - Opinion

pg 24 - Letters

pg 36 - Crossword

pg 37 - Niceword

pg 40 - Weather

pg 48 - Sport

_________________________________________________________________________________

Dear Editor,

I think that all of these striking train employees should put up, shut up, and get on with it. I myself have never gone on strike because I have never worked a day in my life. 

Yours etc.

Lord Sir Alfred Larkington-Wobbleford

________________________________________________________________________________

Dear Editor,

Is this the way to Amarillo?

- Tony Christie

No.

-Ed.

_________________________________________________________________________________

Dear Editor,

I was driving along in my convertible, with the top down, having a lovely time, when I came to the Subway Lane rail bridge. The bridge is so low that I had to make a detour and drive all the way to the roundabout at Farley St and use the overpass.

I hate to stick my neck out like this but it is high time that the council did something about all of the low bridges. I also hate all of the low hanging branches and banners which protrude into the streets around here. Something must be done.

Yours,

G.Raffe

_________________________________________________________________________________

Dear Editor,

My dog has suddenly turned purple, what should I do?

- Mortin Dulux

_________________________________________________________________________________

Dear Editor,

I would like to make a correction to my letter of the 15th of August. For the record, there weren't seven but three.

Yours affectionately,

"Stabby" Wilson (gangster)

_________________________________________________________________________________

Dear Editor,

Has anyone seen my husband Bill? He went out last night in the middle of the night, turned off all of the lights; the television, refridgerator, and microwave oven all stopped working. 

I am ever so worried.

Yours in anticipation,

Jill Electric.

_________________________________________________________________________________

Dear Editor,

I took Eoin Fishburn's advice (see Letters 22nd July) and built a bicycle from all of my discarded cans. Unfortunately as I have not learned to ride a bicycle, I wobbled all over the road and crashed into a wall, thus breaking my bicycle. As I do not wish to rebuild my bicycle made from all of my discarded cans, can anyone suggest how I can recycle my bicycle?

- Bill Mulga (Eaglehawk)

_________________________________________________________________________________

Dear Editor,

I object to supermarkets like Fleming's and Safeway getting their eggs from battery hens. We simply can't afford to go on like this. The national grid can't handle it. We need old fashioned gas powered hens.

Yores,

Mildred Migglestein

_________________________________________________________________________________

Dear Editor,

Is this the way to Amarillo?

- Tony Christie

No.

-Ed.

_________________________________________________________________________________

Dear Editor,

My son Bill went out last night and has not returned. If anyone finds him, then please make sure to give him some money so that he can come home again. I suspect that this is my fault. He was working for me but I have neglected to pay his wages. This should stand as a lesson for all that everyone needs to pay their Bills.

Still in the dark,

General Electric.

_________________________________________________________________________________

Dear Editor,

About a week ago, I accidentally swapped my tube of Colgate with a tube of Dencorub. Suffice to say, hilarity soon ensued but I learned some valuable lessons.

Colgate is not particularly good at treating muscle pain, though it makes your calves smell minty fresh. My breath now smells like a changing room after a boxing much but the upside is that my teeth no longer hurt.

Yours indubitably,

Allen Key.

_________________________________________________________________________________

Dear Editor,

Maths teachers need to stop trying to find me. I just want to be left alone. I'm not one of your petty problems which needs to be solved. We might have had a thing going but now it's over.

Yours in secret,

X.

_________________________________________________________________________________

Dear Editor,

In response to Angela Jones' future letter of the 12th of November, I am a time traveller and have found that if you have a faulty magnetic flux capacitor, this can easily be replaced by wiring two turboencabulators in series and connecting this new hybrid module to the hydrocelator.

Yours quietly,

Julia Verne.

_________________________________________________________________________________

Dear Editor,

I don't know what the answer is but it's got something to do with triangles.

- Pythagoras.

_________________________________________________________________________________

Dear Editor,

It is becoming increasingly obvious that none of these letters are real, that everyone has been made up, and that these letters are only here as a cheap excuse to get laughs.

Yours angrily,

Brigadier Clyde Auburn-Lidcombe.

_________________________________________________________________________________

Dear Editor,

In response to Tony Christie's letters of the 2nd of September, there is no good way to Amarillo. I tried Amarillowing once and I got arrested. Don't do it. It's dangerous. Stay Safe.

Yours in waiting,

Marie Sweet.

_________________________________________________________________________________


September 01, 2022

Horse 3059 - Places To Stay

Welcome weary traveller to The Egg And Scorpion. I note that you have arrived in the wee small hours of the night and are looking for a place to stay. Unfortunately, we closed up for the night some time ago; so all I can offer you is a pint and a pie and kindly advice for $10. The kindly advice is "don't eat the pie." 

Metaphorically speaking, I don't just live on Pedant Corner, I own the pub. The Egg And Scorpion is a lovely Elizabethan pub, with a fine selection of ales and porters on tap. Not only that because I am the one who is the landlord, I have deliberately put the entrance doors on the sides and not cut the door into the actual corner, just to be annoying. That and the fact that inside the pub, the telly is mounted to the wall in that corner. The cricket is on. St Christmas is 223/8 in the first innings against Midsomer who is yet to bat and yes, that 223/8 and not 8/223 (the game shall be scored in runs). If it is 3am and I must be lonely and they are playing cricket at night, imagine how good they must be in the daytime.

There is an Imaginary Sandwich Bar across the street which sells baps at bargain prices; where all the thieves and knaves and liars can get a sandwich and custard slices. Next door to it is a shop that sells knick-knacks and nook-knockers but the doors are always closed, so you have to knock for knick-knacks and nook-knockers. 

Although The Egg And Scorpion is a public house, we don't actually let out rooms for the night. This means that the tourists who have breezed in, often ask me where the good places to stay in town are. 

My friend Ella says that there's the Small Hotel with a wishing well and if you look through the window you can see a distant steeple. It's great for misanthropes because there's not a sign of people and who wants people? So when the steeple bell says, "Good night, sleep well" you can thank the Small Hotel.

There was an Elvis chap who was in here a few nights ago said that he'd found a new place to dwell at the end of Lonely Street. I think that he may have been looking for long term accommodation and to be perfectly frank, I do not think that Elvis ever considered that moving into a hotel was an overly expensive idea. Lonely Street is only a few blocks away from here and although it is pretty quiet, it still doesn't change the fact that paying for a room every night is more money than finding an apartment. Then again, Elvis despite declaring himself to be a postal worker of the US Mail, doesn't seem to have gotten the hint that he has no idea how to address his mail if it keeps on coming back  "Return to sender; address unknown." He should check previous correspondence to make sure that he has used the correct postal address.

Another place that you might try is to drive out of town a little bit. Admittedly that place is not in the centre of town but even if you show up in the middle of the night, the night men are programmed to receive.

The Hotel California is pretty easy to find, given that it is on a dark desert highway and is the only thing around for a while. From what I can gather there appears to be plenty of room and the nightly charges are cheap. They also have a feature which might be able to help out Elvis in that by their own admission you can check out any time you like but are unable to leave. I do not know if this is due poor gyratory road design or if this is because the proprietors are advertising the fact that they enjoy kidnapping people and detaining them against their will but it seems to me that if they intend to keep you there beyond your ability to pay, then they must be bearing the accommodation costs. 

Down the street there's a pub called The Black Crow but I wouldn't suggest staying there. I have heard rumours that that place is rough and people get a mouth full of spiders. Their rooms smell like hotel illness and I think there's a history of domestic violence amongst the proprietors because as they say, the scars they hide are not your business.

There are some other shady places around here like the Hotel/Motel Holiday Inn which sounds far too noisy to be sensible and The House Of The Rising Sun used to have gaming tables but is now replete with slot machines; which are still ruinous for poor boys.

I suppose I could let you kip on the couch by the fireplace because that's warm. We didn't start the fire. It's been always burning since the world's been turning. I can give you the number of the fanciest hotel around here: PEnsylvania 6-5000.

August 31, 2022

Horse 3058 - Where Was The V8 Camry?

The chap who lives a couple of doors down from me, whose mates all seem to drive late 90s Honda Civics, Volkswagen Golfs, and Nissan Silvias, has decided to take the glorious rebellious route and rather than go for something small, has gone for V8 power. 

The Toyota Majesta, with its 4.0 L 1UZ-FE V8 is a lovely piece of elegance, coupled with some good old fashioned boganity. I myself have been down this road before, having previously had a Mercedes-Benz 450SEL 6.9 as more power is excellent and there ain't no substitute for cubic inches. Unlike the Civics, Golfs and Silvias that this chap's mates drive, the Majesta doesn't write cheques that it can not honour. It makes happy growly noises and dumps cash on the table. When new it made a handy 290 horsies and while some of those may have escaped. there's probably many that still remain.

However the existence of this car while making me very very happy, makes me question Toyota's sanity. Okay, they were never going to sell many V8s in the home market of Japan but in places like Germany where speeds are open, and in places like America and Australia where spaces are wide and petrol is cheap enough to warrant car that produce enough power to start their own oil crisis, is makes no sense to leave those markets to other companies. Why was there no V8 Camry?


The whole existence of the Lexus badge makes zero sense to me. The existence of this car in particular, further makes me question what the utility of brands like Lexus actually is. Presumably everyone who buys a Lexus knows that it is a Toyota motor car and also presumably they know that the badge on the front adds exactly zero horsepower and zero actual difference to the car itself. Especially when you consider that Toyota has also in the past made a Toyota Century V12, which in terms of reputation and sheer amount of luxo-box cache is worth far more than any Lexus. 

I live in Australia and so my cultural needle points in a slightly different direction. A company like General Motors had no problem having a car like the Corsa (sold as a Barina) and the Caprice in the same showroom. Likewise, Ford also saw no problem in having a Fiesta and an LTD in the same showroom. Had the Caprice and LTD been sold in America, then they might have been differentiated as a Cadillac and Lincoln/Mercury. By having  unified brands here, both the General and Henry built massively loyal followings, which they have both recently poured down the drain. Honda in the United States feels the need to sell cars underneath the Acura badge which is nonsensical to me, as Honda itself has already proven its name by being the engine supplier for some of the most famous Formula One teams on the planet; in addition to this a car like the Acura Integra seems like a waste of a label when the Honda Integra was already legendary and won touring car championships as a Honda.

The V8 in the Toyota Majesta proves to me that Toyota if they wanted to, could have very well put that engine into a Camry. There have been Camrys sitting in the street in front of it and it is pretty obvious that the packaging problem of putting a V8 into a Camry is not an engineering impossibility (rather, that if should have been a fait accompli).

A V6 engine tends to be wider than it is long. The reason why they work well in an east-west configuration in a front wheel drive car is that the extra space which is not used by the length of the engine, can then be used for the gearbox/transaxle. With a V8 which is north-south, the gearbox and differential housing tend to be separated. Sure, you could in theory run a shaft with a universal joint in it, to a housing with a single piece transaxle but that's almost never heard of. The usual arrangement would be a Borg-Warner/Tremec 5 or 6 speed box, with a differential out the back. 

The necessary bending of steel required to house the drivetrain to throw power to the rear wheels, actually adds to the rigidity of the chassis. What I don't understand if when inventing the Camry in the first place, why they wouldn't think of that from the outset, considering that they'd have to solve the problem for Lexii and the Majesta.

What I find baffling is that for many years in NASCAR in the United States, the car of choice which is used as the marketing device, has been the Camry since 2006. The engine for the NASCAR edition of the Camry is almost certainly a derivative of a reverse-engineered Cleveland V8, which has been shifted from 351cid to 358cid. I have no idea therefore, why Toyota chose to pour water on their own fire when they could have thrown the engine from the Majesta into the Camry.

Can you imagine a V8 Camry or a perhaps a V8 Solara? Instead of the Supra being pitched for far more money and shifting far less units, a V8 Camry or V8 Solara would have gone after the Camaro and the Mustang. I don't know what the crossover section of the market would have been given that Toyota drivers are usually painted as being duller than dishwater but surely there'd have to be a non-zero amount of them that would have stumped up the cash. 

If you actually drill down into the kinds of problems that Toyota have, they aren't all that much different to any other brand of motor car, yet because Toyota is chasing the kind of customer who would rather drift along in the left lane completely oblivious to the existence of the world outside, then the myth of the reliability of Toyotas is self-perpetuating; spurred on by the fact that Toyota drivers treat their cars like appliances and will change over before any problems show up, far more frequently than any other brand.

What percentage of rednecks would have bought a V8 Camry? If it is anything like the section of Australian bogans who bought V8 Falcons and V8 Commodores then it would have been a lot. By not giving the Camry a V8, they chose to be the default choice of the perpetually disinterested.

August 26, 2022

Horse 3057 - Constitutional Survey - V(iii)

57. Disagreement between the Houses

If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.

If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may convene a joint sitting of the members of the Senate and of the House of Representatives.

The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives, and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the Governor-General for the Queen's assent.

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Those words "the Senate rejects or fails to pass it" sparked one of the most horrible constitutional crises that this country has ever seen. Or rather, it did not.

The Australian Constitution was passed some 11 years before the giant fight between the House of Lords and the House of Commons in Britain; before they eventually decided on the Parliament Act 1911 which limited the House of Lords from blocking Appropriation Bills. Admittedly, this would eventually meet a similar kind of fate in 1975, with the events which preceded the 11th Nov 1975 Constitutional Crisis but it it worth remembering that that was a political failure; not a Constitutional failure. The Senate always had the power to block legislation, including money bills, and 1975 was actually more about the Appropriation Bills for 1975 never being heard and not passing, rather than directly being rejected and not passing.

In the normal course of events, the House or Senate introduce legislation, it gets read and argued about three times, then handed to the other house and read and argued about another three times, before being handed to the Governor-General who in theory reads it and then decides to sign it into law or withhold assent for it to become law. I can think of no occasion really, with the Governor-General has withheld assent for a bill to be made into law because ever since that head-chopping incident when the Puritans indicted Charles I for tyranny, the monarch/representative has been extremely reluctant to overstep the authority of the elected executive government. Arguably the Governor-General probably should have at least showed some quanta of resistance to the former Prime Minister Scott Morrison when he demanded to be made the Minister for a bunch of Departments but this can be saved for another time.

In the event that one faction of MPs either in formal or informal blocs, decides that it does not want to allow passage of legislation, then a bill from either house, may be introduced and then never ever leave the process. 

However, the normal operation of the government and government services, requires the appropriation of monies drawn upon the treasury of the Commonwealth. That is, the most basic function of the parliament is to pass the Budget bills. That is, the parliament needs to pass the Budget bills so that the government as a whole can continue to pay its monetary bills. I've got bills, I've got to pay; so I'm going to work, work, work, every day... and  so should parliament.

In the event of parliament not working, then Section 57 is the mechanism by which the dispute is resolved.

If the Senate fails to pass legislation, then the government of the day will then hold what is colloquially named an "double dissolution trigger". As Section 57 says, if the House can not get legislation passed by the Senate, someone from the House can ask the Governor-General to dissolve the parliament so than an election can be held and a joint sitting of both houses held; with a majority of all of the members together being taken as approval of the whole parliament.

This is what makes the timeline of events on the 11th of November 1975 so interesting. Many books have been written about this and so I shall not cover the actual timeline of the day but the reason why any of that mess happened at all was that the Senate would not pass the Appropriation Bills for 1975.

This saga contains Saudi business people in the "Loans Affair", probably the CIA, MI6, KFC, IPA, a Liberal Party Senator from Queensland being appointed after the previous Senator was a member of the Labor Party, a weekend in October in which with the Governor-General John Kerr stayed on Rupert Murdoch's estate; so the whole thing looks very very nasty.

The thing at the core of the events on the 11th of November 1975 is that the Federal Budget had been handed down on 19th August 1975 and so the provisions of Section 57 that:

- If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it,

- if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it

- the Governor-General may dissolve the Senate and the House of Representatives simultaneously.

Section 57 basically says that from the presentation of a Bill, the House has 3 months to pass a piece of legislation. What that should have meant was that the Appropriation Bills for 1975/6 still had about a fortnight before it actually triggered this.

What happened in the background was that Rupert Murdoch met with the Governor-General John Kerr and did some wrangling, then Kerr made annoucements for dissolving the Senate and the House of Representatives simultaneously, sacked the Prime Minister and replaced him with someone else (see Section 64) and calling for a new election.

The really curious thing is the set of tactics that the Senate took in failing to pass the Appropriation Bills for 1975. Rather that just straight up rejecting the Bills, they would frequently stall for time, dither when it came to Senate business, and simply just not show up to the floor of the chamber and thus fail to form a quorum. Hansard for the Senate for 1975 is a glorious riot of political knavery, wrapped in legal frivolity. 

The other thing of note about how Westminster parliaments work generally, is that new Acts of Parliament replace old ones; so in theory, it might have been possible that the Appropriation Bills for 1974 may have just stood in a kind of perpetuity until presumably the normal 1977 election would have happened. The regular stupidities of the United States Congress which keeps on resulting in government shutdowns, simply does not happen here for that reason.

Double Dissolution Elections which happen as the result of operation of Section 57 are generally uncommon but not so uncommon as to be unheard of. In 2016, the Turnbull Government probably deliberately tried to pass legislation which would set up the Australian Building and Construction Commission. The bill which in that form was little more than about trying to smash union power, was naturally going to be blocked by the Labor Party in the Senate. That bill wass blocked three times; handing Mr Turnbull a double dissolution trigger and we then went to the 2016 election, where all 226 seats in both houses were up for grabs.

Parties in Opposition generally do not like handing Governments election triggers. Politics is the game which overlays the mechanisms of parliament and the Constitution. The Constitution was written before the solidification of national political parties and so in principle, does not care for their existence one way for the other. There is also no office of the Prime Minister stated within the Constitution, or even if there needs to be one. 

Section 57 is then, the written set of instructions as to what happens when the two houses are in so much deadlock that nothing gets done, under normal circumstances.

August 25, 2022

Horse 3056 - Tipping In America Is Awful And Really Aught To Be Smashed To Bits

On a recent episode of the No Dumb Questions podcast¹, there is a very long discussion on the concept of tipping for service in the United States, which eventually gets on to the subject of how to marginally improve the system in the light if the fact that it isn't going away.

If I was Grand Poohbah and Lord High Everything Else, then the whole concept of tipping for service as it exists in the United States, would be eliminated off of the face of the earth. What isn't immediately obvious to those of us in those parts of the world which actually have proper labour laws, is that tipping exists and appears to be a culturally acceptable method, whereby employers can pay people working in the front of house, as little as possible. Tipping exists therefore, not for the purposes of gratitude but almost expressly for the purposes of making the public pay the wages of front line staff because employers are too scabby to do so. It should be one of those things which is obvious but if you expect someone to make a living by doing something for you, then you should pay them to do so. It should be self-evident that workers deserve their wages. 

As someone who lives in "Not America", where the minimum wage is sensible, I find it absolutely horrifying that tipping is not only a thing in the United States but that it has been retained in spite and maybe in celebration of its very very racist origins. I suppose that I should not be surprised that tipping came to exist in the form that it does, in a nation which was founded on the basis of a tax dodge and to uphold the right to retain slavery at Common Law. It would then snap in half over that same issue of whether people should own other people as chattel goods.

I have no idea when tipping started as a thing but in the aftermath of the United States' Civil War which was fought because the Confederate States demanded the right to keep slavery as a thing (this was never a states' rights issue - go read the Confederate Constitution²), many formerly enslaved people after being emancipated, were only able to find employment in servile jobs such as food service, domestic help, or in carting jobs such as railway station porters. 

The normalisation of tipping grew up in a still very racist culture, where employers still wanted to hire formerly enslaved people, on a very low wage or as close to zero wage as possible. Tipping appears to become popular in the 1870s and then really takes off over the next two decades as the gilded age returns rewards to a small select privileged few (who were almost exclusively white).

Economics has a habit of never solving any problems ever but rather, transforming the problems into new and different versions of the same problem. In undoing slavery, what was also undone was the direct ownership of people as chattel goods but that did not undo the power that people with money had. 

For about the next half century, efforts were made to also get legislatures in America to ban tipping as well and eventually there were six states which outlawed the practice. All six of the bans were ruled unconstitutional in 1926. The real irony is that tipping bans were mainly enforced in southern states, who still wanted to impoverish black people even further.

Tipping again raised its head when as part of The New Deal when the Fair Labor Standards Act (1938) made the concession that the federally mandated minimum wage could be earned through either through wages or through tips. Employers liked this because it meant that they might not be on the hook at all for somebody's wage, if they happened to have made more than the minimum standards. 

The current "tip credit" provisions mean that the current minimum wage for tipped employees, as opposed to wage employees, is an utterly evil and shameful $2.13 and has not been changed since 1966.

There is also the implicit unfairness of tipping as a method of paying people. I would like to imagine that all consumers are fair people but we all know that that simply isn't true. By means of a experiment it can be demonstrated time and time again that the size of the tips that the customers give, correlates with the pulchritude of the employees (mostly female).

The most radical idea that I have ever heard when it comes to tipping, is that the amount being paid should equal 110% of the stated amount on the invoice. Then because the total amount of the bill is legally allowed to be negotiated, deductions should be made to the bill; so that the service person is still paid properly but the business is hurt. The problem is that it is really hard to send negative feedback signals to a system and to employers when increasingly people aren't carrying cash.

I know that this might be that this might the result of an entirely different cultural upbringing but I find the idea of not stating the final end price of a thing annoying and the idea that I might then have to pay someone a tip, evil. If tipping is a cultural expectation, then that says to me that the culture has normalised and accepted that workers in principle are not worth their wages.

It says to me as the person who buys things, that the person who is standing in front of me, is thought so little of by their employer, that their employer can't even be bothered to pay them a decent wage. Now I have no idea what the contract between an employee and an employer actually is but by putting the responsibility of paying workers for their service on the customers, I will naturally assume that the proprietor of the business is a total knave. It also sends the signal to me as a consumer of goods and services, that the employment conditions are so precarious that this person can be terminated at an instant. That's awful.

¹https://www.nodumbquestions.fm/listen/2022/8/19/139-is-tipping-getting-weird - 139 - Is Tipping Getting Weird?

²https://avalon.law.yale.edu/19th_century/csa_csa.asp

Art IV, Sec. 2. (I)

"The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired."

No really:

https://www.battlefields.org/learn/primary-sources/cornerstone-speech

"Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. This, our new government, is the first, in the history of the world, based upon this great physical, philosophical, and moral truth."

- Alexander H. Stephens, 21st Mar 1861

August 24, 2022

Horse 3055 - The Power Of A Million Monkeys Typing On A Million Typewriters

There is a famous thought experiment/cliché that says that if you have a million monkeys, typing on a million typewriters, for a million years, then through the power of sheer randomness, they will at some point type out the complete works of Shakespeare.

The reason that this is supposed to work is either to demonstrate that in a very very large data set, pockets of order spontaneously arises from out of the chaos. The other reason that this is supposed to work is because of the Law of Large Numbers, which says that if you perform an experiment often enough, you will get the answer that you are looking for. Basically this a corollary of the premise that if the probability of an event not happening is P-x, then P-x ^ infinity tends towards zero. If the probability of an event not happening on an infinite time scale tends towards zero, then the probability that same event happening at all, must also tend towards one.

Apart from the problem that 1,000,000,000,000,000,000 (pentillion) monkey hours is hard to arrange, that all of the monkeys will have eventually died, that all of the typewriters will have eventually ceased to work and rusted away, we have already invented a device to do this and performed the experiment. It is called "The Internet". 

Let me run you through this prime piece of monkey thinking in the howl-house we call the internet (from Twitter):

What's the strangest question you've been asked in a job interview?

- Tess, 21st Monkeber 20XX

In response to this came:

How many windows are there in London?

Why are manhole covers round?

- Mokujin, 21st Monkeber 20XX

Oh dear. What a thing to have uncovered. This very much reminds me of the name of one of Andy Zaltzman's comedy shows which was called: "Andy Zaltzman Opens The Door, Is Horrified By What Lurks Behind, And Closes The Door Again." I fear that I have stumbled across a manhole shaped door, opened it, and have been horrified by what is lurking behind it, waiting to come out.

And thus, our million monkey typewriter device was primed with its input and set off on its dastardly jaunt all over the world; ignoring Logic Town and instead stopping at West Banana, Nonsense Central, taking the Diversion Loop to Barking Mad, before rejoining the main line and stopping at Opinion, Theory, Assertion, Lies, and all stations to Great Irrelevance. I love these rides on the million monkey typewriter device.

Why are manhole covers round?

It’s the only shape that can fall into itself, so the cover can’t fall into the hole even if angled differently.

The logic behind this 49 reply monster is that if a manhole has radius r, then a round manhole will have the longest chord of 2r. The manhole cover itself, which needs to be 2r+n (where n is some amount which is marginally bigger than the width of the hole) can never fall into the hole because 2r+n - 2r = n. 

Our old friend Pythagoras will tell you that the longest chord length of a square manhole, will be 2√2r. There are orientations of where a square manhole cover can fall into a square manhole since 2√2r+n - 2r+n = some value at about 80% of r which is absurd.

This is where the million monkey typewriter device truly shines. Example, counter example, theory, counter theory, anguish, outrage, snark, and all stations to Great Irrelevance.

The thing that I love about this is that the whole discussion in 49 replies, seems to have conveniently forgotten that out here in the real world, the vast majority of manholes are in fact either square or oblong.

The general truth about covers/doors/caps out here in the real world, is that covers/doors/caps are are generally are the same shape as the hole that they are covering. Admittedly there are edge cases here where the doors exist, purely for legal reasons such as old-timey saloon doors. 

At this point, also cue stories about hotels in the Wild West, about doors in front of kitchens, about car doors, jokes about Irish people in the desert, stories of the London Undergrounds doors that curve into the ceiling, passimiter gates, and a tale about someone's cat called "Manhole" who is cat shaped.

We even had a lovely philosophical discussion about the telos of the question itself where someone quite rightly (I think) suggested that the questions were asked because the HR Department doesn't really care about the answer and just wanted to see prospective candidates' ability to think and work out problems logically under pressure. That could very well be true however another answer posited was that really all this was was a chance for the person in the HR Department to engage in top bants and decide whether or not they liked the prospective candidate. I think that the truth lies somewhere in here.

This leads me to answering the other question which was mostly ignored and forgotten by out million monkey typewriter device.

How many windows are there in London?

Well...

I read the news today; oh-boy. 

4000 holes in Blackburn, Lancashire.

And though the holes were rather small,

They had to count them all.

Now they know how many holes it takes to fill the Albert Hall.

I have no idea how many holes it takes to fill the Albert Hall but "they" do.

What I do know is that London is bigger than Blackburn; ergo, it must follow that there are more holes in London than Blackburn. Since some of those holes are going to be windows, filled in by panes of glass, then I think that it is fair to say that there are more than 4000 windows in London.

And yet again, I have contributed to the output of the million monkey typewriter device. To be perfectly pedantic (and yes, my whole professional life has been working out of offices on Pedant Corner), we already have typed out the complete works of Shakespeare. The chances of a thing having happened, which has already happened, is one; by virtue of it already having happened.

Go monkeys!

August 22, 2022

Horse 3054 - Constitutional Survey - V(ii)

As previously hinted at, the Australian Constitution was argued over and invented with the experience of Westminster Parliaments and the lessons learned from the United States, Switzerland and Canada, to inform the news course of Federalism. Particularly the bad example of the United States' Constitution, helped to inform the following four Sections.

The United States' Constitution does not have any provisions which relate to the tacking on of monetary appropriations to other pieces of legislation; so this means that this is abused to the point where the US Treasury needs to hire extra coopers just to keep up with all of the pork barrels that need to be made.

As before, I will be referring to this:

https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/chapter1/Part_V_-_Powers_of_the_Parliament

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53. Powers of the Houses in respect of legislation

Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

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53a - Section 53 is the section which basically confines the Treasurer and the handing down of the Budget (that is, the Appropriation Bills) to the House of Representatives.

At bare minimum, for any given calendar year of legislation, the Parliament should at least try and pass Appropriation Bill No.1 for the financial year of 1 July - 30 June. Usually this is handed down in May to enable the passage of the Appropriation Bills before 1 July.

Sections 51 and 52 stipulate what the Federal Parliament has the power to make laws with for the peace, order, and good government of the Commonwealth with respect to a bunch of things. Section 53 says what the Federal Parliament intends to buy as far as the collective purchasing arrangement we call the Commonwealth goes and how the Federal Parliament intends to pay for it all.

At this point I expect to hear great howls of argument from the Keynesians, the Hayekians, the Friedmanians, the Pikettirati and the MMT Crowd about what they all think the definition of taxation is and what it does. 

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53b and 53c - The Senate can argue all it likes about the Appropriation Bills but it is not allowed to amend those pieces of legislation. 

The United States Senate does have the ability to amend the Twelve Appropriations Subcommittees Bills which make up the US Budget but as Australia had states which were (still are) deeply distrustful of each other, the framers of the Australian Constitution sought to cut this ability to the stump while they could.

The received thought of the day as taken from the United Kingdom's House of Lords was that the Lords should not amend money bills because it was the House of Commons who owned the right to decide what monetary funds that the Monarch could draw upon. 

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53d - Just like the conventions which existed in New South Wales and Victoria, and which were inherited from eth House of Lords, the prevailing custom of the day was that although upper houses did not assume the right to  amend money bills, they had the right to reject the out of hand and/or send the back to the lower houses.

This particular clause will become important in later posts in this series; so be warned.

The United Kingdom which has an unwritten constitution, had to deal with this problem after the creation of the Commonwealth of Australia. The Parliament Act (1911) is the end result of the House of Lords' rejection of the so-called "People's Budget" of 1909 which was handed down by PM David Lloyd George. The Commons accused the Lords of a "a breach of the constitution and a usurpation of the rights of the Commons" and when you add in the complications of the Irish Question and the ongoing Conservative/Liberal bunfight which was still raging, this very quickly got out of hand.

The Parliament Act (1911) basically denied the right of the House of Lords to veto money bills, and hamstrung its right to veto other public bills by handing them a poxy ability to stall for time for a maximum of two years. 

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53e - In November 1992, the then Prime Minister Paul Keating described the Senate as "unrepresentative swill". It probably goes without saying that had the Senate been more amenable to his wished, that he would have never have made this comment because practically nobody objects to something they benefit from.

As the house of review, which was from the outset designed to dilute the power of population by tempering it with the premise that all of the states were at the outset equal, I like that the Senate is in the eyes of some, absurdly powerful even if if has given us racists, nitwits, nutbags, rotter, ne-er-do-wells, charlatans and knaves. That actually is truly representative of who we are as a nation.

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54. Appropriation Bills

The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.

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Here it is. This is the anti-pork barrel piece of the Australian Constitution which attempts to stop coupons being attached to other pieces of legislation. Appropriations can only dealt with in Appropriation Bills. An MP can not attach spending to another bill to buy the votes of some other MP. Horse Trading if it is going to happen, at least where monies are concerned, has to be done within the scope of money bills. 

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55. Tax Bill

Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

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Likewise, a government which is short of monies can not sneakily attach hidden taxation into other pieces of legislation. Perhaps the most significant pieces of legislation in my lifetime (being the Income Tax Assessment Act (1997) and the A New Tax System (Goods and Services Tax) Act (1999)) had very intense debate in both chambers; which were different to the regular kind of argument which usually accompanies the Budget bills. 

We had a fantastic bunfight when it came to the GST, where the Senate openly stated that they would refuse to pass certain sections of the Goods and Services Tax Bill unless the House made amendments (because the Senate could not). We had arguments over whether or not the GST should apply to food, to cooked food, whether or not coleslaw was a cooked food or not and what happens if uncooked food was exempt from GST. It was going to be a nightmare on Cooked Chicken Street.

"If you exclude food from GST, you are going to have tax inspectors running around trying to see whether the chocolate on a gingerbread man is bigger than the eyes, trying to determine whether it is food or a snack. You are going to have tax inspectors putting thermometers into pies to see whether they are fresh or takeaway. The government is supported by the economists, international experience, the Commissioner of Taxation and, of course, the Australian people, as expressed in their votes at the last federal election."

- Treasurer Peter Costello, 30th Mar 1999, House of Representatives (Hansard, p 4656)

I quite like the idea of being a tax inspector who gets to put thermometers into pies to see whether they are fresh or takeaway. 

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56. Recommendation of money votes

A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General to the House in which the proposal originated.

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I assume that this is supposed to reinforce the idea that it is the government of the day who gets to initiate appropriations in the House.

These "messages" that the appropriation bills are to be passed, is almost always Gazetted long before Budget Night and exists mostly as a legal formality. This is Executive Government actively displaying its authority at law, of not only control of the House of Representatives but of the Appropriation Bills themselves.

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August 20, 2022

Horse 3053 - THE PEOPLE v OCTOTHORPE ABUSERS (HASHTAGS) CLASS ACTION [2022] - Judgement

The Fake Internet Court of Australia


THE PEOPLE v OCTOTHORPE ABUSERS (HASHTAGS) CLASS ACTION [2022] - Judgement


H3053/1


It has come to the attention of this fake internet court that there are too many of you out there in the land, who abuse the octothorpe as though it was like leaves. Granted that the tree of ideas has many branches and you are free to clamber about the tree however you feel like, however there comes a point where running around in the jungle and pulling octothorpes from every single branch is not only impractical but it makes you look like a gorilla with a hoarding problem. You do not need that many leaves. You also do not need to strip the tree of ideas of all the octothorpes you can find.

What is an octothorpe? An octothorpe is this: #

I have heard it incorrectly called the "pound sign". I know of zero instances where # is used to denote pounds. Pounds Sterling are marked with the symbol £, which is derived ultimately from the word 'esterling' which has to do with silver. Nominally one pound of money in the days well before ye olde days, was backed by one pound of silver; hence the reason why the currency is named. Likewise the symbol lb. is drawn from the Latin 'libre' which also has to do with scales and the weight of things. # has nothing to do with pounds sterling or pounds of weight; so if you are tempted to call # the 'pound symbol' then please aske yourself why.

The other common name for # is "hash". The reason for this is that it does indeed look like a wee ickle set of hashes. I have no problem with calling this a hash. If a pineapple can be called that because it is an apple (all fruits were once called 'apples' in English) that happens to look like a pinecone, then calling # a hash because it looks like one, is sensible.

On most social media networks, # is called hash and is is uses to flag various items as being connected to a broad platform wide idea. The # tags these social media posts and hence why we have an equally sensible name of a hashtag. #hashtag

Consider the following post:

(photo not included)

Me and Muzz doing our thang.

#cats #pets #cute #dad #dadlife #blessed #grace #winning #catdad #catboss #Thursday

- Twitter Handle Withheld.

Muzz was indeed a fine cat. Actually, the ratio of fine cats to not fine cats is about 999,999:1. There is a non-zero number of not fine cats but they are edge cases.

The problem with blurting out hashtags is that it is pretty obvious that this person has simply used them for cross exposure. This court very much is appreciative of the fact that English is a dynamic and quickly changing language and long may it be so but this is not a question of the use of language but of the use of etiquette. This court also realises that etiquette and manners have very much been the weapons of exclusion in the past and so making a ruling about manners simple on the grounds of preference is improper. Rather, this ruling needs to be made upon the grounds of logic, uncommon sense and utility.

The general principle is that for every hashtag you use, the degree of connectedness to the topic at hand (if there ever was one) will become less and less. That is, there is a marginal utility of connectedness to the topic at hand and this marginal utility decreases with every new hashtag. Unlike the marginal utility of money or honey, the marginal utility of a hashtag can decrease to a point which is below zero. When that happens, they become less than useless and actually begin to hinder their only purpose; which is to facilitate communication.

Logically 1 hashtag will tell people that that thing at hand is the central topic. 2 hashtags says that they are connected and/or opposing each other. 3 hashtags is acceptable if there are two competing hashtags and the third one is connected to the two as though they are one. 4 hashtags starts to get silly. 5 hashtags beings the process of the connection becoming ever more tenuous. If you are using any more than 9, then I can guarantee that the 10th and 11th will be off in the land of irrelevance; dancing about like cows in a field. Does anyone care about the 10th hashtag? Do you care about the 10th hash tag? If it can not justify itself, why is it even there?

The 11th hashtag which was posted with this man and his cat Muzz, was #Thursday. I like Thursdays. Thursdays are the traditional night for late night shopping because this was the day that Pensions, Government Payments, and Wages were paid out from the week before. Thursdays are also the traditional night of the week for European Cup Winners Cup, UEFA Cup or whatever it is they call them now. 

Now I have no idea exactly why this man and Muzz especially needed to tell the world that this was Thursday (although maybe there is important Thursday cat business) but my suspicion is that #Thursday is irrelevant and unnecessary. Why it is it even there? Does Muzz car about it? Probably not.

Also, #blessed #grace #winning ? What now? Granted that thankfulness and gratitude are virtues that should be signaled and practiced on a regular basis but exactly how they are connected to a picture of a man and his cat, has evaded my logic. What did they win which warranted #winning? 

I think that possibly, the number of sensible things that an idea can be reasonably connected to, for a thing to make sense, is three. I say this as someone who is self-aware and throws about commas in places like they were grapeshot and so I realise my own hypocrisy here but I usually end up asking if sentences can be broken up and proper full stops used. I will use short sentences for effect. I will also use very long meandering ones with many dependent clauses, sometimes side thoughts and diversions, as a stylistic choice. A hashtag is not a question of style or grammar but one of filing.

In the above example, the most number of hashtags needed is two. In order #catboss and then #catdad. The central idea is that Muzz is a fine cat. Maybe Muzz was #winning but a point of fact always remains that cats are always the boss. #catdad is a subordinate hashtag to #catboss in the same way as this man is a subordinate to Muzz.

Final Judgement:

Having looked at the principle and the evidence, it is the opinion and ruling of this court that the number of hashtags allowed in any social media post is three. For example, in official settings such as #SWEvNEF #SWENEF #GoSweetness (where the forces of Sweetness and Light are playing Nefarious FC (Sweetness and Light won 1-0 thanks to an 87th minute strike from Lovely)) where you have two competing hashtags and a generic marker, this is perfectly sufficient. 

Yet again we find ourselves dealing with a similar principle in The Holy Hand Grenade Of Antioch v Counting [1975] in which Maynard J said:

"Then shalt thou count to three, no more, no less. Three shall be the number thou shalt count, and the number of the counting shall be three. Four shalt thou not count, neither count thou two, excepting that thou then proceed to three. Five is right out."

- The Holy Hand Grenade Of Antioch v Counting [1975] 

In this case, something less that three is allowable and indeed preferrable but three is the upper bound. 

Anyone caught using a fourth hashtag will be forced to withstand tutting, a very hard stare, and very possibly a wagging finger of shame. This court realises it impotence in actually having any authority whatsoever to hand down punishments for violating this ruling but you know who you are. It isn't wrong but we just don't do it. Don't do it. It's dangerous. Stay safe.

- ROLLO75 J

(this case will be reported in FILR as H3053/1 - Ed)

August 19, 2022

Horse 3052 - The Greatest Stairs In The World

One of the things about the world of a hundred years ago that is very different to the world of now, is that almost to deliberately spite the geopolitical nastiness that would see 100 million people destroyed for no good reason at all, some people who were given the job of making and remaking the world had a perspective which outlived themselves. It very much helped that technologies just happened to come along within decades of each other and so people went from living in muck filled houses with cholera to living in houses with proper plumbing and electric light.

By the 1920s, people had lights and some electric appliances, and trains and trams that all moved because of electric power. For people who had previously lived in a world of coal fired muck, it must have been like an Electric Eden.

For the harbour city, watching the bridge rise up from nothing must have been amazing. Also watching as the city was scarred and then filled in in preparation for the bright electric underground, must have also been amazing. Immediately to the north of the Sydney Harbour Bridge is Milsons Point Railway Station; which either by design or by accident, has one of the most mundane amazing things in the world - the stairs which lead up to the platforms.

Yes, the Sydney Harbour Bridge is a piece of charismatic mega-infrastructure which along with the hideous looking Opera House, forms one of the most iconic panoramas in the world. Nothing needs to be said about that. However, the the stairs which lead up to the platforms at Milsons Point Railway Station are one of those 1% pieces of brilliance which help supercharge the world to 103%.

Before you get there though:

The first thing that you notice when you enter Milsons Point station is that this looks like it is a cousin of St James. That's a bit strange when you consider that there are no direct connections between the two stations. St James Station forms part of the City Circle; which means that trains on the outer circle head from Wynyard and turn right and trains on the inner circle turn left to head south and into Wynyard. 

As previously discussed, the platforms at Wynyard were numbered 1 & 2 for the tram platforms and 3 & 4 for the train platforms on the upper level. I do not know if upon the opening of Milsons Point station, whether or not the numbering pattern was the same or not. If it was not, then it is strange that there would have been two Number 1 and 2 platforms. If it was the same, then the train platforms have been renumbered. 

The booking hall and ticket offices, sit underneath the roadway and railway lines and can be accessed from both sides. This is common where you have either an elevated railway line or one that is effectively elevated as compared with its surrounds because it sits on top of its own earthworks.

In the booking hall the original Ticket Offices are still here, albeit permanently closed. I imagine that in 1932 that they would have been similarly appointed to the Ticket Offices at Central, with brasswork. The need for the Ticket Offices no longer exists, what with automatic ticket machines and Opal which is used at gates with passimiters and of buses and ferries. 

I imagine that in 1932 that one would have been able to buy tickets for both the train and the tram from these windows. What I do not know though, is if tickets were intermodal. Before the days of Opal cards, except for Travelpass tickets which allowed people to buy a week's worth of travel at once, intermodal travel was definitely not a thing with electric passimiters. I do not know if a meatbag human would have had the authority to accept intermodal travel but I have no doubt that even the most mediocre of humans is a million times smarter than a machine.

I have no idea if these stairs were brilliantly made by design or by accident but whatever the case, these stairs are the greatest sets of stairs in the world. If you think that me waxing lyrical about a set of stairs of all things is daft, then you'd be right. Then again, as someone who lives in a built environment, I find the ease of use of the infrastructure in that built environment pleasing.

A set of stairs basically only as two characteristics - rise and run. The rise of the stairs is the height between each individual step and the run is the length of the flat bit that your foot falls upon. If stairs have a rise which is too much, then each step is a lot of work. If stairs have a run which is too short, then you have to be careful about where you put your feet. This is why a significantly bigger than zero number of stairwells in Victorian-era houses are the site of servants (mainly women) being scalded because of carrying great pans of boiling water up stairs which were too steep and where the run was too short.

This is why these stairs are the greatest stairs in the world. These stairs have a rise which is very obviously not zero but the rise is both gentle and steep enough to still be functional. They also have a run which is big enough to accommodate a size 14 boot very pleasantly. Together, the rise and run of these stairs means that you can almost sprint up the them if you are late for a train. What's more amazing is that you can also almost sprint down these stairs, which is mostly unheard of.

What I also find intriguing about these stairs, is that they are dressed in the same tile design and broad tilework attire as Museum, St James, the hidden portions of Wynyard and the remaining bits of Town Hall. Central suffers from its 1988 refit at the Devonshire Street rail tunnel, Wynyard and Town Hall retain memories of what once was. St James and Museum look probably pretty close to how they did on opening day in 1926. Milsons Point station was opened along with the Harbour Bridge in 1932 and the fitting out and dressing of the station started from 1929 onwards. This leads me to believe that on opening day, it probably had roundels similar to St James, Museum, Town Hall and Wynyard, and the tilework would indicate to me that they were likely in red or brown.

Once you have run up the stairs, then you emerge at platform level which is the equivalent of the fifth story of buildings further on down the road. The Sydney Harbour Bridge is truly majestic because it is massively massive. I am used to travelling across the Bridge; so that means that on many occasions I do not notice it at all. The best journey that one can take is the most boring because when things just work, we do not have to.

Again, the Bridge is its own party piece and so I do not need to write very much about it here. However, I suspect that whatever invention was placed between Milsons Point and Dawes Point, that Milsons Point Railway Station would have still been excellent. This brings me back to my central point.

The greatest stairs in the world whether by accident or by design, only exist because someone had the forethought to build not only them in that way, but build the whole project. I really like the ramps at Strathfield Station because you can absolutely pelt up and down those like a mad thing. I really like the quiet serenity at Museum Station because even in the middle of a boisterous and bustling metropolis, one can still find quiet enjoyment in the melancholy and sadness of the calm. I really like the escalators, the neon barrel tile work, and the garishness of Kings Cross Station because those things work well with the chaos above. Some time soon, we shall see the opening of Central Walk and the Sydney Metro extension.

All of these things prove that we can build things that are lovely and grand, and that these things are best built in commonwealth as there is no way in nine circles of hell that private enterprise either has the capacity or care to do so.

Even so, these are the greatest stairs in the world and the millions of people who pass through here every year, do not really care because they have no need to. When things work excellently, we do not have to worry.

August 18, 2022

Horse 3051 - Scott Morrison and the Grubby Little Secrets

The only conclusion that I could draw from Scott Morrison's press conference yesterday, in which he attempted to answer criticism for asking the Governor-General to make him Minister for Everything, is that according to the former Health Minister, Resources Minister, Industry & Science Minister, Treasurer, and Prime Minister (Scott Morrison) he 'needed' to have those powers because he was 'responsible'.

Having lived through the period of Australian Politics during the height of the Covid-19 Pandemic, I would suggest that the only person who would suggest that Scott Morrison actually was 'responsible' for anything, is Scott Morrison. This is a man who personally managed to annoy both the French Government and the Eurozone, failed to procure vaccines until really late in the piece, and who for most of the pandemic proceeded to deflect as much blame as he possibly could for any inadequate responses to the state governments. Right through the pandemic and before the general election, Mr Morrison repeatedly attempted to gaslight the good and fair people of Australia, and now he is trying to turn the gas up and down at the meter box so that we all go mad, and wants to subsidise AGL billions for the gas (which he may have had the power to do, had he still be Resources Minister).

We have now seen copies of the written instruments by which the then Prime Minister, the "Honorable" Scott Morrison MP, was appointed to the several cabinet positions other than the Ministry without portfolio which is the Department of the Prime Minister and Cabinet, during 2020 and 2021.

All of these written instruments look perfectly normal because they are. There is also nothing abnormal about a person taking on multiple cabinet roles. As I suggested in Horse 3050, this are in fact perfectly normal instruments in which the Governor-General has exercised perfectly normal powers under Sections 64 and 65 of the Constitution.

Admittedly, there is nothing illegal about the course of action which has taken place and this appears to be Mr Morrison's defence; namely that because he did nothing illegal, there is nothing wrong. Clearly this is a man who has successfully managed to bound and gag that still small voice of his own conscience and has achieved the same ethical standpoint as a cat; namely although he has Mens Conscia Recti (a mind aware of what is right), just like a cat, he simply doesn't care. This is a case of the difference between what is legal and what is right, being different from each other.

When Mr Morrison was asked if the Governor-General ever raised any questions about his taking on portfolios, his simple reply was: "I don't go into private discussions with the Governor-General". This is yet another thing which the former Prime Minister does not do; which includes holding a hose, comment on things inside the Canberra bubble, comment on things outside the Canberra bubble that are a matter for the states, comment about on-water issues, and comment on things which are matters for his ministers (which is again ironic given that he took on so many portfolios). Again under normal circumstances, this wouldn't have raised any eyebrows however, when this involves a Prime Minister successfully launching a legal and silent coup, we have strayed very far away from what is normal. 

If it is possible for a metaphor to be strained and undergo a process of spaghettification, then Mr Morrison decided to take his press conference beyond the gaslight event horizon, from which not even gaslight can escape, by arguing that the fact that he didn’t tell anyone, actually proves that no-one needed to know needed to know what he was doing, or why. I do not know what the Governor-General David Hurley thought about this but he appears to be as spineless as a chocolate mousse or a moose made of chocolate mousse.

Mr Morrison's argument almost entirely amounts to the sum total of that because the Covid-19 Pandemic and the immediate emergency was unprecedented, the Australian public expected him to take action. By operation of history, he never did take action, short of making himself Minister for Everything. He argued that because he was held responsible for everything, that meant that he needed to have these powers.

The implication with this though is that he thought that he needed to have the powers to override his own ministers (presumably if they acted and made decisions which he happened to disagreed with), in the same way as he did with Pitt. If as Mr Morrison claimed in his press conference, he could make decisions as Prime Minister, then the immediate question is why he though he needed extra powers. The only example which he put forward though, was the Pep 11 project, which doesn't even have anything to do with the Covid-19 Pandemic but with the environment.

As far as I am concerned, all of the Former Ministers Scott Morrison (who we have to assume is now using they, them, those, collective pronouns) have done little more than try to run what has been politely called the "KFC Defence". When faced with a barrage of questions, Mr Morrison may as well have said: "Did somebody say 'KFC'?". Well quite frankly "I don't care" and no, I don't love it.

Aside:

As for the baying media pack and especially the rotters at News Corporation, whom we can now reasonably suspect knew about this because at least the Political Editor of The Australia X knew about it, you have no right to be shocked. To every single so-called 'journalist' who stood with stupid stunned and faux-horrified faces who today stood rapidly scribbling down the multi-ministerial Morrison news, you need to get in the bin. Practically all of the press pack spent the entire first week of the election campaign, reporting on a gaffe made by Anthony Albanese; yet we now now that at least part of you actively neglected to report on a soft coup in the highest political offices of the land. I do not know if Mr Murdoch knew about this like he did in October of 1975 but it would not surprise me. All of you, get in the bin.