VivaBarnesLaw
Politics • Culture • News
This is the VivaBarnesLaw Community.
Interested? Want to learn more about the community?

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.

Interested? Want to learn more about the community?
What else you may like…
Videos
Podcasts
Posts
Articles
A little bit of a pallette cleanse

This video gets cuter and cuter as it progresses, and funnier and funnier each time I rewatch it

00:00:51
December 14, 2025
I am a man of many talents!

This may or may not have been the first try, but gosh darn it, first try!

00:01:00
December 11, 2025
Kentucky State Rep. Sarah Stalker Explains the Shame She Feels About Being White!

With a special surprise ending! lol

00:08:15
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
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
Declaration of Independence

Audio podcast style.

Declaration of Independence
Beautiful and majestic until the end

The deed is done. It was only after her body had totally relaxed that I could appreciate the constant pain and discomfort she must have been in for the last little while. we sat out on the grass for an hour before I went live today. it was clear she was in visible discomfort, but she remained stoic and majestic up until the end.

on the way to the vet, we stopped and got a “pup cup” at Starbucks. Is that what they’re called? The kids wanted to do it and give her one last treat. She never really got many treats in the last few years because it would upset her stomach and make the poop she would invariably leave in her bed messier to clean up.

She had 2 cups of whipped cream.

We sat as a family and wept together as she quietly closed her eyes and became part of the cosmos once again.

I don’t even say this as a joke… If your last memories are what echo forever, she is in a field with us, running around with all four legs, jumping through the grass into the setting sun.

Going to go ...

post photo preview
Questions for Bourbon with Barnes: Tuesday, December 16, 2025

Ask in replies & answering Live at midnight-ish eastern tonight...

Should I start the show with this?

My brother just sent it to me and it's CLASSIC! https://x.com/knesix/status/2000973140671754299?s=46

post photo preview
The Barnes Brief: Week of December 12, 2025

I. INTRODUCTION

A.  Art of the Week

As the birds make their winter trip in synchronized form, they almost magically make the form of their species in live time in the air, captured in the moment by a photographer’s film, reminding us of the Creator’s noble design and winking at us in real time. 

B.  Recommendation of the Week

An Economic Interpretation of the Constitution of the United States by Charles Beard unmasked that many of the men at the Convention Hall in Philadelphia were not as enlightened and allied to the Founding generation as later history would tell the tale. https://www.goodreads.com/book/show/187702.An_Economic_Interpretation_of_the_Constitution_of_the_United_States

C.  Wisdom of the Week

Affording politicians “a universal, unbounded permission” to take another’s liberty or property in the name of the public fisc will “when the expenses of the nation, by their ambition are grown enormous” inescapably “oppress and subject” the citizenry.” William Symmes. 

D.  Appearances

  • Dr. Bowden
    placeholder

E.  Best of the Board

  1. Birthright citizenship. https://vivabarneslaw.locals.com/post/7341595/is-the-nationality-act-of-1940-the-proper-starting-point-for-analyzing-the-scope-of-subject-to-th
  2. Viva done w/ Candace. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on
  3. Curated content from @CCandent https://vivabarneslaw.locals.com/post/7516486/title
  4. Massie: let’s leave NATO. https://vivabarneslaw.locals.com/post/7516236/massie-introduces-bill-to-get-us-out-of-nato-by-paul-dragu-the-new-american-representative-thom
  5. Nice ruling in PA. https://vivabarneslaw.locals.com/post/7516323/robertbarnes-well-at-least-there-are-still-a-few-judges-in-pa-that-follow-the-constitution-good-r

*Bonus: Personal hope. https://vivabarneslaw.locals.com/post/7516832/update-about-a-month-ago-i-asked-for-prayers-for-my-mom-since-we-were-going-to-get-an-update-on

F.  Best Across the Internet

  • Disconnect from purpose.
    placeholder

II. THE EVIDENCE

A.   NEWS OF THE WEEK: The Library

  1. EU crosses Rubicon. https://x.com/PM_ViktorOrban/status/1999358779763183953?s=20
  2. Vaccines & chronic disease. https://ijvtpr.com/index.php/IJVTPR/article/view/125
  3. Disney’s AI gamble. https://x.com/HedgieMarkets/status/1999170314580746623?s=20
  4. Lindell goes for Governor. https://x.com/realMikeLindell/status/1999191330829009327?s=20
  5. Honduran election dispute. https://x.com/SalvaPresidente/status/1998955182277722383?s=20

*Bonus: Foster kids helped. https://x.com/MAHA_Action/status/1999241337745670236?s=20

B.    DEEP DIVE: RUSSIA-US Reasons for Alliance

  1. Tucker: Russia-US natural allies. https://x.com/AFpost/status/1998968887724183834?s=20
  2. Russia: world’s richest resources. https://www.visualcapitalist.com/ranked-top-10-countries-by-value-of-all-their-natural-resources/
  3. Russia: world’s largest country. https://x.com/World_Insights1/status/1999029803458965765?s=20
  4. Russia: world’s largest nuclear arsenal. https://www.icanw.org/nuclear_arsenals
  5. Russia’s GDP replaced Europe. https://x.com/IslanderWORLD/status/1978510171589513504?s=20

*Bonus: Russia’s traditional culture. https://x.com/MyLordBebo/status/1998812811171082739?s=20

C.   HOMEWORK: Cases in Controversy

  1. SCOTUS: Trump authority over bureaucracy. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-332_7lhn.pdf
  2. SCOTUS: campaign spending limits. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-621_q86b.pdf
  3. SCOTUS: sentencing the disabled. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-872_b07d.pdf
  4. SCOTUS: Covid immunity limits. https://www.supremecourt.gov/opinions/25pdf/25-180_8m59.pdf
  5. SCOTUS: Bondi defends Whitmer Fednapping convictions. https://www.supremecourt.gov/DocketPDF/25/25-5249/387036/20251210183835177_Croft_Opp_12.10.pdf
  6. Courts extend special protection to Maryland Man. https://www.courthousenews.com/wp-content/uploads/2025/12/paula-xinis-grants-abrego-garcia-tro-block-rearrest.pdf
  7. Share Ryan v. Crenshaw. https://x.com/ShawnRyan762/status/1999554231842349564?s=20
  8. Pipe Bomber Patsy. https://x.com/RepThomasMassie/status/1999541341466866022?s=20
  9. Big Tech contempt. https://www.courthousenews.com/wp-content/uploads/2025/12/epic-games-vs-apple-ninth-circuit-opinion.pdf
  10. Pentagon wins trans ban. https://www.courthousenews.com/wp-content/uploads/2025/12/dc-circuit-trans-soldier-ban-opinion.pdf
  11. Russia Euroclear Arbitration possibilities. https://share.google/FdKIPKgvLfEeJXsUz & https://investmentpolicy.unctad.org/international-investment-agreements/treaties/bit/3645/belgium-luxembourg---russian-federation-bit-1989-
  12. Doctor liability for patient’s drugs. https://www.courthousenews.com/wp-content/uploads/2025/12/oregon-supreme-court-cyclist-doctor-liability.pdf

*Bonus: Ferrari Tennessee tax case up in flames. https://www.roadandtrack.com/news/a69556804/whistlindiesel-tennessee-allegations-ferrari-tax-evasion/

**Bonus: Class Action AI in Healthcare. https://www.fisherphillips.com/en/news-insights/new-class-action-targets-healthcare-ai-recordings.html

***Bonus: What does AI own? https://www.commonplace.org/p/matthew-b-crawford-ownership-of-the

III.  CLOSING ARGUMENT: Masterclass -- The Constitution Article I, The Power of the Purse

  • The first power of the purse the Constitution affords the legislative branch of government in Article I is the power to pay themselves, as section 6 of Article 1 provides: “The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.” 
  • The second power of the purse is Article I's most controversial and most consequential: the power to tax and the power to borrow, or, colloquially, the power to “raise Revenue” in section 7. The mechanism for “raising revenue” shall be by legislation that “shall originate in the House” and then be concurred with by the Senate. The power finds explicit enumeration in Section 8: lay taxes; collect taxes; lay duties; collect duties; lay imposts; collect imposts; law excises; collect excises; pay debts; borrow money on credit of the US; coin Money; regulate the value of Money; regulate the value of foreign Coin; fix weights and measures; appropriate money to support Armies (capped at 2 years); provide and maintain a Navy; provide for arming the Militia; and the broad “necessary and proper” catchall in Section 8. The power of the purse finds further enumerated restrictions within Section 1 itself, though subsequent Constitutional provisions could further constrain and restrain the power of the Purse: section 8’s requirement that all “duties, imposts and excises” must be “uniform”; section 9’s prohibiting a tax on importation of people capped at $10 per person; prohibiting any tax that constitutes a bill of attainder or ex post facto law; no direct tax unless apportioned amongst the states; no tax on exports; no port-preferential tax; and no money spent that is not “in consequence of appropriations made by law”. 
  • The Sixteenth Amendment clarified one key aspect of the power of the Purse: enumerating Congress “power to tax” including the power to “law and collect taxes on incomes” regardless of “whatever source derived” without requiring apportionment. This removal-of-the-source rule was later interpreted to be a Congressional reversal by Constitutional Amendment of the Pollock decision of 1896, and enshrining the dissenting opinion as the authoritative interpretation of the power of the Purse in the court’s Brushaber decision by the dissenting Pollock Judge turned Brushaber Chief Judge White. White would treat any tax on income as an indirect tax, and decided that’s all that the 16th Amendment authorized, codifying his 1896 dissent into the Constitution in 1913.  White used the 1794 Carriage Tax Act to claim a direct tax was a tax on an object whereas an indirect tax was a tax on use, effectively affording a broad power to tax “incomes” as long as the subject of the tax was the gain severed from the source rather than a tax on existing or ownership.  The absent clarity from the court enabled Congress to evade ever defining income itself subject to tax since 1916. 
  • This power of the purse exceeded that intended by many in the founding generation, as the Articles of Confederation did not authorize such centralized, federalized power to begin with, and the anti-federalists proved prescient in their warning against the bond-holding elite that packed the text-writing segments of the Constitutional Convention, as well detailed in Charles Beard’s Economic History of the Constitution. https://cdn.mises.org/11_1_6_0.pdf#:~:text=The%20Antifederalists'%20fundamental%20and%20most%20enduring%20objection,in%20nearly%20all%20of%20the%20Antifederalist%20writings.
  • As one of that generation, known only as Federal Farmer, forewarned: “The only semblance of a check is the negative power of not re-electing them. This, sir, is but a feeble barrier, when their personal interest, their ambition and avarice, come to be put in contrast with the happiness of the people. All checks founded on anything but self-love, will not avail.” 
Read full Article
post photo preview
The Barnes Brief

I.  Schedule

      A.  Interview on World Apart RT https://vivabarneslaw.locals.com/post/7495641/interview-w-rt

      B.  Interview w/ Michael Malice https://vivabarneslaw.locals.com/post/7495633/michael-malice-interview

      C.   Interview on Duran https://vivabarneslaw.locals.com/post/7477013/live-w-duran 

II. The Evidence

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
post photo preview
The Barnes Brief: Weekend of November 21, 2025

I.    INTRODUCTION

A. Art of the Day

We the People. It stands out above all in the scribed parchment inside the glass-encased shield inside the Rotunda of Congress with three words bigger than the rest: We The People. Penned on a single sheet of animal skin by Jacob Shallus, it stands out as the Great Charter of American liberty, the profound experiment in self-government, and still stands today as the oldest and shortest written constitution of any major government in the world today. Those words stand out above the rest, written in flowing letters outsized to the text, to remind the world upon what power our government sits: We the People.

B. Wisdom of the Day

“Monopoly is a great enemy” and a “wretched spirit” which poses a greater threat to the free market than as it prevents free enterprise from self-defense. Adam Smith.

C. Cultural Recommendation

Ratification: The People Debate the Constitution tells the tale of what the true founders – the generation that birthed freedom on this continent – thought as they argued the merits of this new document. https://www.goodreads.com/book/show/7841680-ratification

D. Appearances

II.                         THE EVIDENCE

 *Note: A reminder — links are NOT endorsements of the ideas contained therein. The Library is big, and it mostly consists of ideas I do not personally share.  

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals