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A Morality Of War Discussion

The matter of the mass electronic denotations in Lebanon that have killed a dozen or so people and wounded thousands has elicited much discussion. The folks on the Duran (here I refer to the hosts and in particular Mr. Mercouris ) for instance have labelled it a "terrorist attack." While there is nothing new per se in using phones or other electronic devises as explosives (see for instance how the Mossad/Shin Bet killed Yahya Ayyash, a Hamas militant who made explosive bombs, in 1996 via a bomb planted in his phone), it is the mass scale of the use of such devises that is the shocking thing in Lebanon.

The Duran points out the broader implications of such a method of war/death and on those abstract points (governments targeting dissidents and/or the broader civilian population through such lethal mass produced means) I concur. However, unless the Duran by "terrorist attack" mean that the attack was intended (at least in part) to sow fear into the enemies of Israel, I would not concur with this designation. Keep in mind that under that broader definition of terror attack this could include any act, no matter how lawful or even lethal [like firing warning shots or just bombing an enemy military base] that is (at least in part) intended to disrupt enemies/opposing forces and weaken morale/the will to fight. What I mean by terrorism is the unlawful use of violence that is intentionally directed at civilians (i.e. non-combatants) for the purposes of achieving political goals.

Does the attack in Lebanon constitute that kind of terrorism? I don't think so. Why? For one thing Hezbollah itself admits that the pagers belonged to them and were used by their organization. In other words, the pagers constituted part of their communications system that they used for various purposes (military included). Hezbollah distributed the pagers to those who belonged to or had close ties to the organization. Hezbollah itself is a paramilitary organization that does not comport itself to typical laws of war. They store munitions near civilian areas and their operatives don't always (especially in combat conditions) wear distinguishing uniforms.

As for the act of putting explosives in the pagers themselves, the amount put into the pagers appear to be enough to potentially kill (or at least maim) a person in possession of the pager. Videos purporting to show moments of detonation of these pagers, show that people close to the person with the exploding pager appear unharmed. In effect, the explosion is narrowly confined and not intended to be, like a suicide bomb, a means to kill as many people in a confined area as possible.

What about the outcome of these explosions? Apparent video evidence taken from hospitals of affected persons show adult males (i.e. military aged males) being predominately among those injured. Presumably based on statements by Hezbollah themselves and media reporting these males were affiliated with the terror organization. Hezbollah has also publicly admitted that the majority of those who dead belonged to their organization. Still, there are two minors who reportedly perished from the pager bombs (with at least one reportedly being a member of Hezbollah youth wing that trains minors to be soldiers for the organization). The death of children in conflict is always tragic. However, the general picture that emerges that there was reason for the Israelis to assume that the pagers belonged to Hezbollah members and with the information we currently have of outcome of the page bombing tends to affirm this logic.

As Professor Eugene Kontorovitch noted "A shipment of communications devices ordered by Hezbollah (the Army of God), for their specific needs, and issued to its members, does not qualify as ordinary civilian objects any more than if Israel had put bombs in Hezbollah jeeps, even though civilians also drive jeeps."
https://x.com/EVKontorovich/status/1836476527434682739
He also observed that "Given that whoever did this individually accessed the units and also had their phone numbers, it seems they would have pretty good idea whose phones they were, and thus in whose possession they could be expected to be. That is an extraordinary level of precaution. And the overwhelming proportion of fatalities appear to be Hezbollah."
https://x.com/EVKontorovich/status/1836136082783817807

For an operation to be lawful, it does not necessarily have to prove it will cause no civilian damage but that has taken proper precautions to target military objects (or persons). In effect, a hypothetical where a Hezbollah operative gave his pager to his child or where a child simply was playing with a pager would not make the act unlawful- especially if the Israelis did not have that information at the time of the mass operation.

Obviously, the technology that carried such an operation can be misused/abused like any technology can. It can be used in the commission of an act of terror (as I have strictly defined it).

Whilst I am writing, the Duran hosts also mentioned how Bibi was warcrazy about Lebanon and about how the public behind his coalition was warcrazy. I think they miss the broader picture here. Given that they argue in Russia's case that an expanding anti-Russian proxy alliance justified the invasion of Ukraine, there is a bit of rank hypocrisy in not seeing that an anti-Israel proxy alliance is the potential trigger point for a broader war. Even more so given that the declared goal of this alliance is the eradication of Israel and its replacement through a Palestinian state. Netanyahu has so far waited 11 months since the war started in Gaza after a partner of theirs (Hamas) invaded Israel and since that time this alliance has (a) fired rockets (both from Gaza, Lebanon, Iran, and Yemen) into Israeli sovereign territory, (b) issued a blockade against shipping to Israel, and (c) have inflicted causalities and fatalities among both the broader Israeli public and its military. The first two elements (and part of the third) is illegal and all of them constitute acts of war. The effect of this current round of conflict has been the evacuation of people from northern Israel and the occasional shelling of still populated in Israel by groups like Hezbollah (which would be worse if not for the Iron Dome and other such defenses). Netanyahu has plenty legitimate (that is to say legal) pretexts for war (even if an occupation of Lebanon may not be wise given the last two times Israel tried this) and the reason that the public is in such a bellicose mood. Yet, Mr. Mercouris ignores all this.

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The Barnes Brief, Valentine's Weekend, 2026

I. INTRODUCTION

A.  Art of the Week

  • All I want for Valentine's is Lady Justice. Archangel Michael delivering justice, as we need for those in the Epstein Class. 

B.  Recommendation of the Week

C.  Wisdom of the Week

  • “I weep for the liberty of my country when I see at this early day of its successful experiment that corruption has been imputed to many members of the House of Representatives, and the rights of the people have been bartered for promises of office.” Andrew Jackson. 

D.  Appearances

II. THE EVIDENCE

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Ten of the Top Curated Weekly Articles

  1. The Epstein elite. https://www.zerohedge.com/political/unsettling-truths-epstein-files-reveal-about-power-and-privilege
  2. Corruption of the academy. https://www.theatlantic.com/magazine/2026/03/mellon-foundation-humanities-research-funding/685733/
  3. Israel 1st wants to end Free Speech. https://www.realclearpolitics.com/articles/2026/02/13/is_free_speech_really_the_highest_value_153834.html
  4. Nobody likes Newsom. https://www.liberalpatriot.com/p/gavin-newsom-youre-no-bill-clinton
  5. Hawley-Warren bill seeks to end monopoly in medicine. https://www.thebignewsletter.com/p/senators-seek-to-smash-big-medicine
  6. Polymarket grocery stores. https://unherd.com/newsroom/inside-polymarkets-free-public-grocery-store/
  7. Security State. https://greenwald.substack.com/p/amazons-ring-and-googles-nest-unwittingly
  8. Housing market woes. https://substack.com/home/post/p-187448844
  9. Leverage risks. https://quoththeraven.substack.com/p/countdown-to-detonation-americas
  10. Epstein network. https://epstein-doc-explorer-1.onrender.com

B. Homework: Cases of the Week for Sunday

  1. Texas AG joins Dr. Bowden. https://www.texasattorneygeneral.gov/sites/default/files/images/press/Bowden%20Intervention%20(Filed)_0.pdf
  2. Alex Jones sues. https://www.scribd.com/document/997131709/Alex-Jones-Amended-Counterclaim-for-Filing-In-The-United-States-Bankruptcy-Court-For-The-Southern-District-Of-Texas
  3. Gail Slater removed. https://www.thebignewsletter.com/p/trump-antitrust-chief-ousted-by-ticketmaster
  4. I will sue Mike Davis. https://x.com/barnes_law/status/2022467828255768629?s=20
  5. Wisconsin election integrity takes a loss. https://www.courthousenews.com/wp-content/uploads/2026/02/wisconsin-ballot-spoiling-ban-reversed.pdf
  6. Texas election integrity gets a win. https://www.ca5.uscourts.gov/opinions/pub/24/24-50783-CV0.pdf
  7. Two big 2A cases in 3rd. https://courthousenews.com/two-third-circuit-hearings-could-reshape-nations-second-amendment-rights/
  8. Another TPS order blocked. https://www.courthousenews.com/wp-content/uploads/2026/02/african-communities-v-noem-mass-ruling.pdf
  9. Epstein BOA suit goes forward. https://www.courthousenews.com/wp-content/uploads/2026/02/doe-v-bank-of-america-new-york-ruling.pdf
  10. Dollar Tree death. https://www.courthousenews.com/wp-content/uploads/2026/01/max-antonio-garay-v-dollar-tree.pdf
  11. Boasberg latest insanity. https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2025cv0766-247
  12. Trump immigration win. https://www.phelps.com/a/web/r5pKxiJkFZ7QKozjTbS8V2/ca5detention.pdf

*Bonus: Livenation Ticketmaster Antitrust https://www.hollywoodreporter.com/music/music-industry-news/live-nation-doj-lawsuit-after-gail-slater-resignation-1236504011/

**Bonus: NCAAF eligibility suit. https://www.knoxnews.com/picture-gallery/sports/college/university-of-tennessee/football/2026/02/13/joey-aguilar-eligibility-hearing-tennessee-vs-ncaa/88659399007/

***Bonus: AI plagiarism win. https://www.newsday.com/long-island/education/adelphi-university-ai-plagiarism-lawsuit-oh07enyz

C. Best of the Board: Ten of the Top Posts

  1. Too much truth. https://vivabarneslaw.locals.com/post/7688284/best-explanation-of-our-two-party-system-benowen
  2. Life on the line. https://vivabarneslaw.locals.com/post/7687846/god-bless-and-protect-thomas-massie
  3. Prayer & a cute dog. https://vivabarneslaw.locals.com/post/7688117/daily-prayer-2-0-heavenly-father-give-us-comfort-and-wisdom-allow-us-to-trust-your-judgement-and-y
  4. Surf. https://vivabarneslaw.locals.com/post/7688060/pipeline-hawaii
  5. Real diversity. https://vivabarneslaw.locals.com/post/7688513/title
  6. Hush Hush ideas. https://vivabarneslaw.locals.com/post/7688104/robertbarnes-just-saw-a-news-article-talking-about-the-great-chicago-fire-being-started-by-communis
  7. Wisdom. https://vivabarneslaw.locals.com/post/7687331/title
  8. Bill Brown Proverbs. https://vivabarneslaw.locals.com/post/7686413/title
  9. Truth. https://vivabarneslaw.locals.com/post/7684892/title
  10. My answer is Yes. https://vivabarneslaw.locals.com/post/7687202/does-god-answer-your-prayers-i-ask-because-i-pray-everyday-whether-typed-down-here-or-mentally-reci

III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Elections

  • Article I, section 4 empowered the legislative branch of the federal government — the Congress — “may at any time by Law make or alter such Regulations” otherwise set by the legislatures of the state governing the “elections for Senators and Representatives” except to the Places of chusing Senators, later modified by the Seventeenth Amendment. Each House can further be the “Judge of the Elections, Returns and Qualifications of its own Members” including the power to expel “with the Concurrence of two thirds.” The Constitution affords no express power to Congress to elect the President or elect those to state or local office. And remember, Article I powers are constricted to those “herein granted” explicitly within the Constitution. 
  • Representatives must be “apportioned” amongst the States “according to their respective Numbers”, a determination made by “adding to the whole Number of free Persons” certain individuals no longer referenced after the Fourteenth Amendment. The “actual enumeration” of this apportionment “shall be made…within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” The original intention was that there were at least one representative for “every thirty Thousand”.
  • The Fourteenth Amendment modified these provisions by stating representatives be apportioned “to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.” Of note, the provision also stripped representation of any state which limited Presidential electors beyond the limits of gender, age, citizenship, crime, or rebellion. 
  • The Fifteenth Amendment modified these provisions further by providing a “right of citizens of the United States to vote” and that such a right could not be denied on basis of race. 
  • The Seventeenth Amendment modified these provisions further by providing that the “people thereof” elect the Senators instead of the legislative branches of those state governments. 
  • The Nineteenth Amendment modified the provisions even further by expanding the Fifteenth Amendment’s right of citizens to vote to women. 
  • The TwentyFourth Amendment modified these provisions even further by holding the right of the citizens to vote in federal elections could not be limited based on taxes, including poll taxes. 
  • The Twenty-Sixth Amendment expanded these voting rights to include those 18 years of age or older that are citizens. 
  • Each of these Amendments repeated: “the right citizens of the United States to vote” as the entire premise of these Amendments to the Constitution for governing elections. Yet, somehow, the courts held in 2020 no such right existed to even afford standing to request judicial relief from stolen elections for the highest office in the land, and even when brought between states for the only nationally elected office? 
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The Barnes Brief: Weekend of January 30, 2025

I.   INTRODUCTION

A.   Art of the Week

·      One of the first superb memes for the Brief, recollecting a device many youngsters might not even recognize: the old typewriter, with its diligent use of the keys that moved like a an old cash register before recording its mark onto the page, and the ever needful Whiteout to fix the inevitable error, stacking the pages neatly somewhere nearby because once lost, never recovered. A time when writing required a different kind of dedication.

B.   Wisdom of the Week

·      “Civility is not a sign of weakness, but of strength.” President John Kennedy.

C.   Recommendation of the Week

·      Current book club reading over at People’s Pundit on the important virtue of a return to civil society. https://www.goodreads.com/book/show/17974854-our-virtuous-republic

D.  Appearances of the Week

·      Chatting w/ Stanislav.

II.   The Evidence

 

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The Barnes Brief: Friday, January 23, 2025

I. INTRODUCTION

A.  Art of the Week

A dream work space, atop a lighthouse, with wrap-around windows above the ocean’s roar and the tumult of the waves cresting and crashing against the rocks below, a wrap-around desk to match the window shape, a good hard wooden chair for support, and the necessary small heater with stove to keep it warm and refreshed. I love architectural spaces that marry the inner world to the outside, the natural external environment to the man-made inside. Makes me want to read, work, think, and dream. 

B.  Recommendation of the Week

The peculiar history of the Sixteenth Amendment. https://www.goodreads.com/book/show/22474138-the-law-that-never-was-vol-1-the-fraud-of-the-16th-amendment-and-pers

C.  Wisdom of the Week

“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” Frederic Bastiat. 

D.  Appearances

II. THE EVIDENCE 

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Five of the Top Curated Weekly Articles 

  1. Dems warn: losing cultural issues. https://www.liberalpatriot.com/p/democrats-and-the-siren-call-of-culture
  2. Replicating DOGE. https://www.city-journal.org/article/elon-musk-doge-states-waste-fraud?skip=1
  3. Cuba next for regime change. https://www.msn.com/en-us/news/world/is-cuba-next/ar-AA1UEeUA
  4. Trump 2024 coalition lost. https://www.nytimes.com/interactive/2026/01/22/polls/times-siena-national-poll-crosstabs.html
  5. Out of WHO! https://thehill.com/policy/international/5702306-us-officially-withdraws-from-who/

B. Homework: Dozen of the Top Cases of the Week for Sunday

  1. ICE Home Raids w/o a Warrant. https://www.lawfaremedia.org/article/can-ice-enter-a-home-to-make-an-arrest-with-only-an-administrative-warrant
  2. Don Lemon charges. https://www.politico.com/news/2026/01/22/don-lemon-prosecution-justice-department-00741629
  3. SCOTUS: state rules in Med Mal cases. https://www.supremecourt.gov/opinions/25pdf/24-440_1b82.pdf
  4. SCOTUS: Restitution is punishment. https://www.supremecourt.gov/opinions/25pdf/24-482_d1oe.pdf
  5. SCOTUS: Time deadlines for void cases. https://www.supremecourt.gov/opinions/25pdf/24-808_lkgn.pdf
  6. SCOTUS: Trump & the Fed. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25a312_c0nd.pdf
  7. SCOTUS: 2ndA. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-1046_hejm.pdf
  8. 2A & property. https://courthousenews.com/appeals-court-weighs-challenge-to-texas-gun-signage-laws/
  9. Trump vs JP Morgan. https://www.courthousenews.com/wp-content/uploads/2026/01/trump-v-jp-morgan-miami-eleventh-judicial-circuit.pdf
  10. Games of chance. https://www.courthousenews.com/wp-content/uploads/2026/01/minnesota-tribe-loses-challenge-to-electronic-table-games.pdf
  11. Target cancer. https://www.courthousenews.com/wp-content/uploads/2026/01/dangerous-acne-treatment.pdf
  12. Bayer immunity. https://www.scotusblog.com/cases/case-files/monsanto-company-v-durnell/

*Bonus: Section 241 & 1A. https://www.scotusblog.com/cases/case-files/monsanto-company-v-durnell/

**Bonus: Section 241 in the 8th Circuit. https://law.justia.com/cases/federal/appellate-courts/F3/6/1297/576550/

***Bonus: Warrants. https://supreme.justia.com/cases/federal/us/403/443/

C. Best of the Board: Ten of the Top Posts

  1. Stay chill. https://vivabarneslaw.locals.com/post/7627349/title
  2. JD welcome. https://vivabarneslaw.locals.com/post/7627643/i-sure-hope-and-pray-that-jd-gets-a-chance-to-lead-our-country-after-this-trump-administration-he
  3. Peace Board thoughts. https://vivabarneslaw.locals.com/post/7627852/a-very-interesting-take-on-trumps-peace-board-is-trump-creating-a-new-organization-undermining-the
  4. Immigration data review. https://vivabarneslaw.locals.com/post/7627593/food-for-thought-are-the-claims-that-around-2-million-illegal-aliens-have-already-self-deported-too
  5. Fun satire. https://vivabarneslaw.locals.com/post/7627870/title
  6. Scott Adams memorial. https://vivabarneslaw.locals.com/post/7627060/livestream-in-honor-of-scott-adams-next-sunday-jan-25-i-hope-it-s-the-biggest-livestream-ever
  7. Brilliant photos. https://vivabarneslaw.locals.com/post/7626511/some-northern-lights
  8. CIA Insanity. https://vivabarneslaw.locals.com/post/7626494/robertbarnes-robert-barnes-has-repeatedly-referred-to-this-egregious-seymour-hersh-article-in-re
  9. Don Lemon Church videos. https://vivabarneslaw.locals.com/post/7627194/here-is-dons-full-live-stream-im-not-good-at-clipping-things-out-or-screen-recording-so-those-of
  10. Fun memes. https://vivabarneslaw.locals.com/post/7627227/title

*Bonus: Biblical wisdom. https://vivabarneslaw.locals.com/post/7626746/today-s-thought-11and-behold-there-was-a-woman-which-had-a-spirit-of-infirmity-eighteen-years

III.  Closing Argument: Constitution Masterclass Series — Article I, Power to Tax

  • As part of the enumerated legislative powers granted Congress by the Constitution, none is more potent, and potentially destructive, of liberty and property than the power to “raise revenue.” Under section 8 of Article I, this affords the “power to lay and collect taxes, duties, imposes and excises” to “pay the debts” or “provide for the common Defense” or provide for “the general Welfare of the United States.” Of note, the Constitution separately affords the legislative branch methods of revenue raising independent of taxes and tariffs — the power “to borrow money on the credit of the United States” and the power “to coin money” as well as “regulate the value thereof.” 
  • The limits on this power to tax derive from several other sections of Article I. Under Section 7 of Article I, all bills for raising revenue must originate in the House, not the Senate. The next limit is substantive rather than procedural: “all duties, imposts and excises” have to be “uniform throughout the United States.” The foremost, fundamental limit requires any “direct taxes” must be “apportioned among the several States which may be included within this Union.” Indeed, section 9 of Article 1 imposes the requirement that “no capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein.” Of note, no tax could be imposed on articles exported from a state. 
  • These two big requirements — Uniformity and Apportionment — are the key restraints on the power to tax, segregating taxes into two separate categories: Direct Taxes and Indirect Taxes. Indirect Taxes only require Uniformity. 
  • Uniformity requires indirect taxes operate with the same force and same effect in every state, precluding Congress from geographical favorites. Uniformity is solely a prohibition on the geographic impact of the tax, rather than classification based on some factor other than geography. Apportionment is the real hurdle. Apportionment req tires direct taxes be divided among the states based on  that state’s population, a politically impossible barrier to cross in the modern era. This effectively neuters the power of Congress to impose any Direct Tax without Constitutional Amendment. 
  • What then is a Direct Tax? The first case to address this dates to the early years of our Constitutional Republic, when Supreme Court Justices wrote their own opinions, often without a shared majority. The law at issue as a carriage tax. Complaining about how apportionment would make any tax “absurd and inequitable” the early Court decided to water down the Direct Tax definition in order to escape the Apportionment Constitutional conditionality of such a tax. The split amongst the jurists left the question mostly undecided, with the dumbest argument being the Justice who claimed if a Direct Tax could not be easily apportioned, then it was magically no longer a Direct Tax. The latter would be invalidated and effectively mocked by the Court a century later, when it noted “such a tax, for more than one hundred years of national existence, has as yet remained undiscovered, notwithstanding the stress of particular circumstances has invited thorough investigation into sources of revenue.” 
  • The Court invalidated the income tax portions of the Tariff Act of 1894. That Act limited itself to a 2% tax on $4K+ of income, which 99% of Americans did not owe, as exempt from it. The tax imposed a tax on real estate rents, and Congress justified it as an excise tax and thus Indirect. The Court clarified the definition of Direct Tax in accord with originating principles: any tax whose liability “cannot be avoided” was a Direct Tax; only taxes that could “shift the burden upon someone else” with “no legal compulsion to pay them” were considered Indirect. The Court went further, and identified Direct Taxes as the kind commonly imposed by States at the time of the Founding, including taxes on real estate, personal property, or the rents or income thereof, like taxes on people. Taxes on franchises, privileges or use were seen as Indirect Taxes. The dissenting justices would have held a tax on revenues “severed from the source” of those revenues was an Indirect Tax. That dissent would matter decades later. 
  • The Sixteenth Amendment removed the apportionment  clause for the tax power, providing: “Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States” or in proportion to the census or enumeration herein. Why? Because the Supreme Court determined the 1893 federal tax on incomes was a “Direct Tax” that had not been apportioned. This removal of “incomes” from the apportionment requirement tempted Congress to never define the word income itself in the future hope they could escape and evade the apportionment requirement by just labeling a future new tax a tax “on incomes.” 
  • The understanding of how broadly Congress could label a tax as an “income” tax to escape apportionment for direct taxation took a turn in 1916, when dissenting Justices from the prior 1896 decision now held sway. They decided that the 16th Amendment merely codified their 1896 dissent, thus forever constraining Congress’ capacity to use the income tax exception from apportionment as its escape and evasion tool. Congress’ answer was to simply never define income ever again, except in manners self-referential and circular. 
  • A fully enforced Constitution would find any tax on property or people directly that make individual Americans liable must be apportioned unless within the limited definition of income the Court gave it — gain and profit severed from the source of that gain and property. Like much of our policy debates, a solution often sits in the text of the Constitution itself. 
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