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The Barnes Brief: Friday, August 16, 2024
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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Weekend Debate: Term Limits

Share your thoughts below.

Pros: Limit the permanent political class growing into an aristocracy of elites whose incumbency status and power-holding position affords them an institutional edge over competitors, encouraging a gerontocracy of lifelong politicians, disconnected from the real world of everyday economics and more likely to be embedded into a parasitic government-driven, power-access oriented system that empowers corrupt elites at the expense of the people.

Cons: In contemporary government, the real consequence of term-limiting the Thomas Massies of the world is to empower the permanent state, empowering bureaucracy over democracy, in lobbyists, career staffers, and the ever-expanding bureaucratic state, like a show of Yes Minister, married to the corrupting effect of donor class gatekeeping in the real world of modern elections driven by television expense ever consuming larger and larger shares of campaign exploding budgets to reach the ever growing number of voters they...

Another visit with my wife to Halibut Point State Park in MA.

The purple sandpipers were very accommodating for photos.

I'll post other wildlife we saw later. For now, I'll just share these images of a peaceful day.

#wildlifephotography #birdphotography #naturephotography #canonusa #shotoncanon #halibutpointstatepark #purplesandpiper

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The Weekend Barnes Brief: Friday, May 8, 2026
 
I. THE INTRODUCTION
 
A. Art of the Week
  • Venezia. The Atlantis-like ancient city with its bridges over canals, long boats mastered by the gondolier, the city whose balls made masquarade masks famous, where artisans of show-making spend a whole day to make a single show of artistic wonderment, a hidden restaurant in a corner alley uncovers the best Italian cuisine, and the city whispers of its centuries of stories from its cathedrals and water-hugging mansions of Casanova’s fame. 
 
B. Wisdom of the Week
  • You’re never out of the race. 
 
C. Cultural Recommendation of the Week
 
D. Appearances
 
 
 
II. THE EVIDENCE
 
A. Barnes Library: Weekly Curated Articles
 
 
B. Homework: Sunday Show Cases
  1. Malpractice. https://www.foxnews.com/us/iowa-woman-died-hernia-repair-nurses-dismissed-painful-post-surgery-symptoms-lawsuit
  2. Gates fake meat goes to court. https://texasagriculture.gov/News-Events/Article/10760/Opinion-Fake-Meat-Real-Trouble-Texas-Won-t-Bow-to-Billionaires-or-Bureaucrats
  3. DOJ sues Commierado for 2A.https://www.justice.gov/crt/media/1439591/dl
  4. DOJ promises action against Big Ag. https://www.fooddive.com/news/beef-prices-trump-antitrust-doj-investigation/819331/
  5. Democrat raided. https://courthousenews.com/fbi-raids-democratic-virginia-state-senators-office/
  6. Insider trading indictment. https://www.justice.gov/d9/2026-05/usa_v._fejal_et_al_-_indictment.pdf
  7. Insider trading investigation https://seekingalpha.com/news/4588393-doj-probes-26b-in-war-linked-oil-trades---report
  8. Pay for play investigations https://www.cbsnews.com/news/trump-pardon-recipients-democrats-congressional-investigation-pay-to-play/
  9. EU: must allow welfare for migrants. https://www.courthousenews.com/wp-content/uploads/2026/05/kh-inps-cjeu-judgment.pdf
  10. DEI may lose, even in Twin Cities. https://courthousenews.com/minneapolis-public-schools-struggles-in-trump-suit-over-dei-policy/
  11. China spies on trial. https://courthousenews.com/feds-describe-global-network-of-chinese-police-stations-at-nyc-spy-trial-opening/
  12. Tiger’s DUI: Implied Consent Constitutionality Questions. https://scholarlycommons.law.emory.edu/cgi/viewcontent.cgi?article=1401&context=elj
 
C. Deep Dive: The Economy
  1. Stock Market & Commodities: 
  2. AI Bubble & Capital Shift
  3. Housing
  4. Gold’s future. https://substack.com/inbox/post/196409142
  5. Inflation expectations. https://www.zerohedge.com/economics/inflation-expectations-jump-3-year-high-financial-pessimism-surges-ny-fed-survey
 
D.  Best of the Board
 
III. THE CLOSING ARGUMENT: Constitution Masterclass -- The 30,000 Cap
 
  • Article I, Section 2, Clause 3 provides: “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative.”  Interpretations clash: was this intended to impose a cap on the number of people a member of the House could represent, or the number of Representatives that could ever be in the House? Equally, who can enforce the rights of Section 2 as applied to Representatives?
  • Congress capped the number of representatives by the Permanent Apportionment Act of June 18, 1929, and has not changed it since. A 1941 federal law provided the means to assign seats after the Census. States contested this when it lost a seat after the 1990 census due to this cap.  The Supreme Court acknowledged this was not a question submitted exclusively to the Legislative branch as a “political question” beyond its jurisdiction to resolve. Thus, the question turns to the import and intent of the 30,000 rule — is it a cap on the number of representatives or is it a ceiling on the number of people represented?
  • The phraseology can be read either way — that the restaint is on the “number of” Representatives in a ratio to the population rather than the population size represented by the District; or that the ratio intends a cap on the number of people represented by each representative. Linguistically, the former argument holds more sway; historically and philosophically, the latter argument proffers more persuasive evidence.
  • If we see it as sufficiently ambigious to turn to the Constitutional record, we find that the ratio of the house to the population was intended to be close to the people at a size no more than 30,000 people, reflected in the papers of the Founding Fathers themselves.
  • Indeed, the controversy over this language almost sunk the Constitution itself, despite the supporters arguing in Federalist Papers throughout that this was a minimum of people to be represented not merely a cap on the number of representatives in the House. So much so, that the very first amendment ever proposed was to clarify this point: that the minimum number of representatives must be proportional to the population in a strict ratio. Due to an editing error as passed by Congress, the amendment never passed, though mostly it faded as the Founding generation protected the intended ratio in fact.
  • The best plaintiff to seek such a relief would likely be a state without representation due to the absence of this maximum number of people per representative, given the prior case-law on the subject, or, of course, Congress itself could remedy the problem all by itself. 
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The Briefer Barnes Brief: Thursday, May 7, 2026
  • Art of the Day
Something majestic of a colorful Oriole in flight, the feeling of freedom in the outstretched wings to soar in the sky, beyond gravity and above the landed earth, ready to roam and reign while seeking a safe and strong landing place for a bit of a rest. 
 
  • Board Post of Note
 
 
  • Economics
Burry of Big Short fame: Yen trade unwinding impacts. https://substack.com/@michaeljburry/note/c-205215463
 
  • Politics
Tucker & Massie.
 
  • Law
 
  • World
Peruvian elections feature left-right battle. https://boz.substack.com/p/peru-presidential-election-polls
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The Briefer Barnes Brief: Wednesday, May 6, 2026

I. INTRODUCTION

  • A.  Art of the Day: Best way to start a day: early morning coffee. Maybe on a back porch. Maybe at a kitchen table. Maybe in a friendly diner. Maybe at a corner caffe. Maybe in a local coffee house. A tradition commenced in the hills of Yemen, it traversed the Islamic world until it reached Europe, where it turn the holy inspirational drink in the Turkish caves to the everyday place of chatter in the newborn cafes of Europe in the 17th century. Be that as it may, for many still, it signals the start of the day in a good way. 
  • B.  Board Post of the Day: https://vivabarneslaw.locals.com/post/7905561/title
II. THE EVIDENCE 

A.  Barnes Library

  1. Economy: Snider on gas prices.
  2. Culture: World Cup interest dims. https://www.forbes.com/sites/suzannerowankelleher/2026/05/05/hotels-world-cup-non-event-so-far/
  3. Politics: Massie mini-documentary.
  4. Law: Abortion pill at SCOTUS. https://www.scotusblog.com/2026/05/abortion-pill-dispute-returns-to-supreme-court/
  5. Geopolitics: Larry Johnson on Trump’s mixed signals. https://sonar21.com/ball-of-confusion-trumps-mixed-signals-on-iran/
*Bonus: Animated Fed history told by some friends of mine years ago that they gave away for free. 
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