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The Barnes Brief: Friday, August 16, 2024
Robert Barnes
August 16, 2024
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Art of the Day

Schedule: Past & Prospective

Closing Argument: Economic Tea Leaves

Book Recommendation: The Saga of Uncle Earl https://www.goodreads.com/book/show/1150991.Earl_K_Long

Art of the Day: Fascinated with art and photography capturing water, bridges, windows, and doors, as expressing the possibility of life, the paths yet to pursue, the mysteries to be uncovered and the truths to be discovered, Monet’s water lilies and Japanese bridges always drew me in. A favorite museum of mine – like Frida’s house in Mexico City and Rodin’s in Paris – Monet’s in the French countryside attracted to visit the nearby lily pond he made famous and stand on that same bridge he spent so much time making immemorial. A place to get lost in thought as the archives of nature invite us into that window into our own soul, explore the water of the spirit, walk through that door into our inner world, bridging the nature around us to the soul inside, and it’s shared architect.

Wisdom of the Day: "The time is always right to do what is right." Earl Long. 

Introduction: Top 10 Headlines of the Week

  1. Trump team
  2. Housing woes
  3. Horrid current economy conditions
  4. Harris new plan
  5. Disney abuse
  6. Ukraine invades
  7. Perry death arrests
  8. Massive hack
  9. Biden crime admissions
  10. DNC tries to stop RFK on ballot

The Evidence: Top Ten Articles from The Barnes Library

  1. The promise of JD
  2. CRE troubles
  3. War on small business
  4. Price control debate
  5. Price control advocates
  6. Price control skepticism
  7. Price control criticism
  8. Price control doubts
  9. Price control queues
  10. Price control efficacy & equity

*Bonus: Aesthetic revolution

Homework: Cases TBD on Sunday

  1. Voter registration lawsuit https://mcusercontent.com/08cb3e52aa1308600f84d49ea/files/8827e8ea-0eb8-123c-23b9-5d39b2e8c0e4/1_2024_08_13_Complaint.pdf
  2. UAW charges Trump for Musk interview https://www.reuters.com/world/us/uaw-files-labor-charges-against-trump-musk-2024-08-13/
  3. EU threatens Musk https://x.com/lindayaX/status/1823052643733823640
  4. Pepsi class action https://www.courthousenews.com/wp-content/uploads/2024/08/ian-mccausland-v-pepsico-ruling-mtd.pdf
  5. Fourth Amendment victory https://www.ca5.uscourts.gov/opinions/pub/23/23-60321-CR0.pdf
  6. Scott Peterson innocence claim https://www.courthousenews.com/scott-peterson-makes-bid-to-clear-his-name-by-dna-testing-evidence-from-pregnant-wifes-murder/
  7. AI fake nudes https://www.courthousenews.com/wp-content/uploads/2024/08/nudify-websites-lawsuit.pdf
  8. Big Tech battle https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/16/23-2969.pdf
  9. Facebook censorship https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/09/21-16210.pdf
  10. Bank seizure https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111094414.pdf
  11. Legality of price controls https://scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2373&context=dlj
  12. Tik Tok ban https://sf16-va.tiktokcdn.com/obj/eden-va2/hkluhazhjeh7jr/2024.06.20%20-%20TT%20v.%20Garland%20-%20%5B2060743%5D%20Brief%20of%20Petitioners%20TikTok%20Inc%20and%20ByteDance%20Ltd.pdf

*Bonus: Arbitration abuse, ex. Disney

Closing Argument: Economic Tea Leaves

  • The Boston Tea Party manifested a political revolution rooted in an economic revolt. The economic tea leaves ever since signaled political change. 2024 tells a very interesting tale in the tea leaves of the economy.
  • Since its inception in the 1950’s, the University of Michigan’s consumer sentiment studies only dipped below 70 for extended time periods in the run-up to the 1980, 1992 and 2008 Presidential elections. In all three cases, the incumbent party lost the electoral college by 100+ vote landslides.
  • The current confidence index continues to trail in the sub-70s in the run-up to 2024. Amongst the working class, the current sub-60s confidence index only matches 2008 and 1980, two elections that didn’t end up competitive at any level come election day. The working-class negativity over the current economic conditions in the past year set a record low since the inception of the survey. Gallup’s aggregate economic confidence index follows the same path, with the lowest levels recorded since the Global Financial Crisis of 2008 and the recession of 1992.
  • A related concern focuses on the physical manifestation of the American dream: the family homestead. American’s confidence in their ability to buy a home currently sits at the lowest level ever in the history of the survey. Of note, similar data mirrors in American’s confidence to buy a car or significant household items.
  • This translates into other tangible ways beyond skipping vacations, meals out, a family night at the movies, that special gift on that special occasion, or a personal item of special interest – skipping meals and skipping medical appointments. A majority of working-class Americans report skipping on meals and medicine, as well as utilities like hot water, heat or air conditioning, in the last six months due to the inability of their income to keep with the cost of living in essential goods and services.
  • This is often compounded by a diminishing sense of security in their ability to retire, savings for emergencies, and rising debt levels, often borrowing from friends and family, loan sharks and payday lenders, high interest credit cards or high interest vehicle or furnishing providers. For younger Americans outside the affluent classes, this took on a double whammy as eviction delays ended, student loans came due, and stimulation checks disappeared.
  • This economic perception reflects their economic reality: food prices spiked 25% since Biden’s election, housing prices doubled in many markets, gas prices jumped 50%, and utility costs fled up, while access to credit shrunk, small businesses struggled and real wages and incomes fell. It’s a recipe no incumbent party has ever survived. Those that ignore it usually get their tea tossed. 
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VivaFrei@VivaFrei
14 hours ago
Transparent sleaze tactics

HILARIOUS used car salesman tactic:

“Ross, you have an iPhone in your pocket probably. Is it an iPhone or a Samsung?”

Dead silence.

"You have a phone in your pocket"

It’s the same trick any conman uses… Tries to use some irrelevant detail to connect.

Ross isn’t buying it.

Also, just because it’s on the Internet does not mean it needs to be in girls locker rooms.

I never tell anybody who to vote for. But if you vote for Abdul El-Sayed, you are the idiot that buys the lemon and thinks you got a good deal.

00:01:09
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VivaFrei@VivaFrei
November 01, 2026
Meanwhile in Canada...

They had one of the 3 perps of the home invasion because he showed up at a hospital with a gunshot wound to the shoulder.

And they discharged him...

00:11:28
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VivaFrei@VivaFrei
October 31, 2026
Dan Sullivan Alaska

So that second Dan Sullivan on the ballot in Alaska? Turns out it wasn't a coincidence...

00:08:27
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VivaFrei@VivaFrei
February 17, 2024
Appearance on Richard Syrette

I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

Appearance on Richard Syrette
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Robert Barnes@RobertBarnes
July 17, 2023
The Barnes Brief, Podcast Format: Monday, July 17, 2023

Closing Argument: Birthright citizenship is deeply American, and wholly Constitutional.

The Barnes Brief, Podcast Format: Monday, July 17, 2023
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Robert Barnes@RobertBarnes
July 04, 2022
Declaration of Independence

Audio podcast style.

Declaration of Independence
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Robert Barnes@RobertBarnes
5 hours ago
LIVE w/ Baris

Final polls, predictions & preview for Midterms2026

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Robert Barnes@RobertBarnes
November 01, 2026
Board Poll: Sunday Topics

Pick your top topic if any and add your own top topic, comment or question in the replies below as the Producers Show Notes for the Sunday Show.

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VivaFrei@VivaFrei
12 hours ago
GoFundMe sucks

Holy crabapples… Just when you thought you could not hate GoFundMe enough, they do this:

I DM’ed Shane Lilly asking for his email so we could pay out the GiveSendGo I set up for him.

GoFMe read and DELETED my private message.

I know a bunch of people in our community have my cell number. Could those who have my cell number please DM it to Shane through the gofme campaign?

https://www.gofundme.com/f/protect-major-a-vital-service-dog

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Robert Barnes@RobertBarnes
October 31, 2026
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The Barnes Brief, Halloween Weekend, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • Mysterious without malevolence, a Sleepy Hollow kind of invite, in the deep woods of deep fall, the kind pumpkins waiting like hitchhikers on All Hallows Eve to greet a pleasant hello, the wavy trees just spooky enough to give a premonition of concern without too much fear, the road part inviting to the curious, part concerning to the wary traveler. Welcome to All Hallows Eve. 
 
B. Wisdom of the Day
    • “The Harvest Moon glows round and bold,
      In pumpkin shades outlined in gold,
      Illuminating eerie forms,
      Unnatural as a candied corn.
      Beware what dare crawls up your sleeve,
      For 'tis the night called Hallows Eve.” Richelle Goodrich. 
 
C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
III. HOMEWORK: Ten of the Top Cases for Sunday Show
  1. Right to sue judges. https://www.courthousenews.com/wp-content/uploads/2026/10/us-v-maddox.pdf
  2. Government funded ads stopped. https://courthousenews.com/judge-blocks-3-maga-ads-over-concerns-they-breached-taxpayer-funded-propaganda-law/
  3. NFL verdict reinstated. https://www.courthousenews.com/wp-content/uploads/2026/10/ninth-circuit-nfl-opinion.pdf
  4. Zuckerberg suit. https://www.courthousenews.com/wp-content/uploads/2026/10/meta-zuckerberg-stock-control-bid-class-action.pdf
  5. 2ndA & CIA. https://courthousenews.com/fourth-circuit-considers-second-amendment-argument-from-man-arrested-near-cia-headquarters/
  6. Candace vs Macron. https://www.courthousenews.com/wp-content/uploads/2026/10/macron-owens-dismissal.pdf
  7. United sued for high costs by employers. https://www.plansponsor.com/six-employers-accuse-unitedhealth-of-breaching-fiduciary-duty/
  8. Ninth Circuit allows blocking DHS elections investigation. https://drive.google.com/file/d/1hUpCfn3tnQMXEyk7nC1yD-ls2ZHeeK19/view
  9. Abortion right questioned. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/10/30/26-5558.pdf
  10. Comey indicted. https://storage.courtlistener.com/recap/gov.uscourts.dcd.297297/gov.uscourts.dcd.297297.1.0.pdf
IV. CLOSING ARGUMENT: Classes in the Constitution — Governing Elections
  • Article I establishes how individuals become members of the House of Representatives; first, they must be “chosen every second year”; second, they must be chosen “by the People”; third, the represenation must be by the “several states”; fourth, the voters must be as broad the qualifications for voting for a member of “the most numerous branch of the state legislature.” Article I limits the qualifications for holding office to age (25 years or older), duration of citizenship (7 years minimum), and an inhabitant of the state claiming to represent (at time of election). Of note, the number of representatives within a state depend upon a required census and apportionment.
  • Article I further establishes state control over elections to federal office, subject to Congressional oversight. As Clause 2 of Section 4 of Article 1 provides: The Times, Places and Manner of holding Elections for Senator and Representatives shall be prescribed in each State by the Legislatire thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”
  • The first aspect confers control over the “times” of “holding elections" to Congress to “each State”; the second aspect confers control over the “places” of "holding elections” to “each State”; the third aspct confers the “manner” of holding such elections to “each state.” Of note, the power conferred is not given to the state as a whole; rather, in each case, the power is conferred only upon “the legislature thereof.” Note the power is not conferred upon the judicial branch or executive branch of the state, nor to lower county , city or town functionaries of the state. The power to control federal elections is conferred solely upon the legislature of the state. Notably, Congress’ supervisory power is equally constrited to “the times, places and manner” of holding federal elections which they can only “make or alter” by a passed “law.”
  • Of particular note, the “judge of the elections, returns and qualifications” is solely the Congress itself under section 5 of Article I.  Article 2 confers no particular elections power on the Presidency. Article 3 confers no particular elections power on the Judiciary. Congress may, under its power to regulater the “times, places and manner” of elections confer power upon the executive branch or the judicial branch as it seels fit as long as it does not delegate legislative-making power to those bodies.  
  • The Constitutional qualification to it all is the Bill of Rights, restricting the state method of governing election that may condition access to the ballot or expression by the voter according to status. The First Amendment prohibits states from limiting the freedom of assemply and association, of which elections remain the paramount form. The Tenth Amendment protects the right of the people preserved against all governments. The Fifteenth Amendment protects the “right of citizens of the United States to vote” without regard to race. The Nineteenth Amendment protects “the right of citizens of the United States to vote” regardless of gender. The Twenty Fourth Amendment protects “the right of citizens of the United States to vote” regardless of “poll tax or other tax.” The Twenty Sixth Amendment protects “the right of citizens of the United States to vote” regardless of age once a person is at least 18. The broad 14th Amendment provides for Congress to pay laws protecting all property and liberty from incursion or intrusion by the state, manifested in the Civil Rights Acts and Voting Rights Act laws of Congress that, in turn, confer power upon both the Exeuctive branch and the Judicial branch accordingly.
  • Aside from matters arising under the Bill of Rights or special Congressional legislation, the Constitution otherwise confers all powers of regulating federal elections solely and exclusively to the legislature of each state. 
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Robert Barnes@RobertBarnes
October 24, 2026
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The Barnes Brief: Weekend of October 24, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • I love globes and maps, especially those with a vintage flavor or ancient maps of how we perceived the world in the past, to show quickly the world can change, how connected so many part of the world can be, the ever present reality of geography in history and contemporary geopolitics, continuing to shape the world we inhabit and how rapidly it we can shift. 
 
B. Wisdom of the Day

  • “Each betrayal begins first with trust.” Martin Luther. 

C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
 
III. HOMEWORK: Ten of the Top Cases for Sunday Show
 
  1. ICE Detentions. https://s3.documentcloud.org/documents/28830924/sosnava.pdf
  2. ICE & Elections. https://www.courthousenews.com/wp-content/uploads/2026/10/california-nurses-vs-mullin-preliminary-injunction.pdf
  3. ID & Elections. https://www.courthousenews.com/wp-content/uploads/2026/10/scanlan-v-coalition-open-democracy-order-scotus.pdf
  4. DOJ sues Alaska over Senate race. https://storage.courtlistener.com/recap/gov.uscourts.akd.80263/gov.uscourts.akd.80263.1.0.pdf
  5. Bias rejected in Italy trial. https://courthousenews.com/wp-content/uploads/2026/10/berlusconi-v-italy-echr-2026-judgment.pdf
  6. Tommy Robinson trial. https://courthousenews.com/british-far-right-activist-defends-messages-to-journalists-in-harassment-trial/
  7. DEI reversal cites AI judges. https://www.courthousenews.com/wp-content/uploads/2026/10/fifth-circuit-mississippi-dei-injunction-reversed.pdf
  8. 2A win in NY. https://www.courthousenews.com/wp-content/uploads/2026/10/buffalo-fed-body-armor-ruling.pdf
  9. Instacart discrimination. https://www.justice.gov/opa/pr/civil-rights-division-and-equal-employment-opportunity-commission-secure-5000000-joint
  10. 2A protects switchblades. https://storage.courtlistener.com/recap/gov.uscourts.ca5.225116/gov.uscourts.ca5.225116.136.1.pdf
 
IV. CLOSING ARGUMENT: Classes in the Constitution — Presidential & Vice Presidential Replacements
 
  • Section 4 of Article II the Constitution provides the President “shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors.” The House gets to be the sole judge of what constitutes a "high crime and misdemeanor" for impeachment while the Senate gets to be the sole judge of what facts constitute "a high crime and misdemeanor." 
  • Clause 5 of Section 2 of Article I vests the power of Impeachment solely to the House of Representatives. Given no specific requirement as to support to impeach, the majority vote default rule presides historically.
  • Clause 6 of Section 3 of Article I vests the power to try impeachments solely in the Senate, requiring "Concurrence of two thirds of the Members present." This means Senators who absent themselves from the Chamber may be excluded potentially from the baseline required to reach two-thirds. 
  • Clause 6 of Section 1 of Article II provides that the Vice President obtains the powers of the President — “all executive powers of the federal government — “in case of” either “removal, death, resignation or inability to discharge the powers and duties of the said Office.”
  • In the instance both are removed, resigned, die, or are unable to discharge the duties, then Congress may legislate what Officer shall then act as President. The Presidential Succession Act of 1947 provides that the Speaker of the House becomes the officer who becomes President in case of Presidential and Vice Presidential absence, followed by the President Pro Tempore of the Senate, and then the cabinet in priority of when that cabinet office was first established. In that last instance, the Secretary of State is first, the Secretary of Treasury second, and the Secretary of Defense third.
  • The Twenthy Fifth Amednment slightly amends that process, still proving the succession protocols. In the case of removal, or death or resignation, “the Vice President shall become President.” Replacement of the Vice President requires Presidential nomination and “confirmation by a majority vote of both Houses of Congress.” 

 

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Robert Barnes@RobertBarnes
October 16, 2026
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The Barnes Brief: Friday, October 16, 2026
I. THE INTRODUCTION
 

Special Notices

 
A. Art of the Day 
  • The old fold-down wooden desk, handcrafted by deliberate care, the little boxes to store letters and notes, the shelf above to carry papers and books, the firm backed, four quared chair with comforting armrests, above the wooden floor and near the open window, the neighboring painting on the wall, that could sit today just as it had centuries ago, taking the work of the mind back to the place our forefathers enjoyed the same. 
 
B. Wisdom of the Day

  • America is “the champion and vindicator only of her own”, a perfect articulation of America First.  John Quincy Adams. 

C. Appearances & Publications
 
 
D. Daily Picks
 
E. *Bonus: Board Post of the Day
 
II. THE EVIDENCE: BARNES LIBRARY
 
A. Food & Medicine
 
B. Economics
 
C. Politics
 
D. Geopolitics
 
E. Law
 
III. HOMEWORK: Ten Top Cases for Sunday Show
 
  1. Ex-agents sue Patel. https://www.courthousenews.com/wp-content/uploads/2026/10/fbi-agents-sue-patel-over-mar-a-lao-tied-firings.pdf
  2. Court allows non-resident voting. https://www.courthousenews.com/wp-content/uploads/2026/10/rnc-v-evnen-opinion-nebraska-supreme-court.pdf
  3. Social media limits approved. https://www.courthousenews.com/wp-content/uploads/2026/10/netchoice-v-attny-gen-georgia-eleventh-circuit.pdf
  4. California tries to stop ICE arrests. https://www.courthousenews.com/wp-content/uploads/2026/10/california-vs-ice-complaint.pdf
  5. Trans bathrooms & federal funds. https://www.courthousenews.com/wp-content/uploads/2026/10/fairfax-county-school-board-v-mcmahon-ruling.pdf
  6. Court allows sanctuary for illegals in NYC. https://www.courthousenews.com/wp-content/uploads/2026/10/sanctuary-city-dismissed-nyc-eastern-district-new-york.pdf
  7. Looted paintings. https://www.courthousenews.com/wp-content/uploads/2026/10/norton-simon-vs-jewish-federation-complaint.pdf
  8. Court demands lottery for immigrants. https://www.courthousenews.com/wp-content/uploads/2026/10/redeagle-v-rubio-ruling-101426.pdf
  9. California can’t regulate Feds. https://www.courthousenews.com/wp-content/uploads/2026/10/ninth-ciruit-no-vigilantes-act.pdf
  10. Scotus: Privacy suit. https://www.scotusblog.com/2026/10/court-appears-likely-to-allow-internet-suit-based-on-decades-old-video-privacy-law-to-go-forward/
 
IV. CLOSING ARGUMENT: Classes in the Constitution, Reminders from our Founding Fathers on Foreign Entanglements
 
Two founding documents of the founding generation’s approach to foreign entanglments consist of President Washington’s Farewell Address and John Quincy Adams July 4th speech to the House of Representatives in 1821. 
 
Cousin Adams address “on foreign policy” summarized America’s approach to foreign conflicts, by starting with America’s founding rejection of the politics of imperial empire, denouncing Britian’s “portentious system of despotism” with “oppressions of power” governed bby an appetite for “conquest” against the “claims of right” of self-governance. In such an imperial worldview “man had no rights”, where “neither the body nore the soul of the individual was his own” subjecting the people to the “impentarable gloom of this intellectual darkness, and the deep degradation of this servitude” which defined the “British nation” under its imperial mask. These imperial ambitions inflected “the delusions of all Europe” degrading the societies occupied by an intellectually and morally robust people. It was in rejection of these very ideas of empire and presumptions of imperial rule that guided the American revolution. 
 
This animating spirit requires America “respect the indpendence of other nations”, must “abstain from interference in the concerns of others, even when the conflict has been for principes to which America clings.” America “well knows that by enlisting under other banners than her own, she would involve herself beyond the power of extrictation, in all the wars of interest and intrigue, of individual avarice, envy and ambition, which the assume the colors and usrup the standard of freedom” changing her “from liberty to force” creating the hated British “Imperial Diadem, flashing in falkse and tarnished lustre the murky radiance of dominion and power” to become the “distatress of the world” and no longer “the ruler of her own Revolutartionary spirit.” 
 
America is “the champion and vindicator only of her own”, a perfect articulation of America First.  That is why America “does not go aborad searching for monsters to destroy.” America’s “glory is not dominion, but liberty.” 
 
Washington warned in his founding Farewell Address: “the nation which indulges towards another an habitual hatred or an habitual fondness is in some degree a slave. It is a slave to it animosity or to its affection.” Washington discouraged any political connections beyond economic trade with nations of the world due to the likely subsuming of a foreign nation’s cause as our own, their antipathies or adversaries as our own, substituting a foreign nation for our own in decision making. Thus the “true policy” of our founders was “to steer clear of permanent alliances with any portion of the foreign world.” 
 
These principles — avoiding the trap of imperial logic, respecting each nation’s own sovereign path, and escaping the entanglements of foreign conflicts — animated the founders. Only when we abandon these precepts and principles do we lose our way. The first promoters of America First were our founders themselves. 

 

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