CNN has an excellent article about the lesser-known Milliken (1974) SCOTUS decision that some argue ended Brown (1954) long before PICS (2007). Opening paragraphs:
If you ask someone to name the Supreme Court’s single greatest moment, many will cite the 1954 Brown v. Board of Education decision. That landmark ruling, which unanimously found that the racial segregation of students in public schools was unconstitutional, is considered a turning point in American history.

But 70 years after the Court ordered public schools to desegregate at “all deliberate speed,” many public schools in America remain racially separate and unequal. And this racial isolation is deepening. Racial segregation has increased 64% since 1988 in the nation’s 100 largest school districts, according to a 2024 study from Stanford University and the University of Southern California.

How did this happen? The reasons are complex, but according to a provocative new book, much of the blame can be placed on another Supreme Court ruling that few like to talk about: The 1974 Milliken v. Bradley decision.

In “The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North,” author Michelle Adams argues that contemporary American schools are shaped more by Milliken than by Brown. What one Supreme Court gave in Brown, another took away in Milliken, leaving us with the separate but unequal public school system that we have today, she says. Four of the five justices in the Milliken majority were appointed by President Richard Nixon, a Republican, reflecting the court’s shift to the right since its Brown decision.

“Milliken v. Bradley is where the promise of Brown v. Board of Education ended,” Adams writes in her book.


On the same topic, some might also mention SAISD v Rodriguez (1973), the CFE campaign in New York state (the most segregated K-12 public education system in the nation as of 2018) or other landmark cases.
Denis: He capitulated within an hour


Ionel: F*ck yeah! Another win for #1!!!! U S A, U S A!!!! To be fair, Mr Petro was probably reminded of the billion dollars in "aid" his country gets from US and that he is just as a small monkey sharing a cell block with THE 800-lb gorilla that doesn't ever use vaseline.


Denis: yes there probably was a reminder that all civilization is organized violence, and the US govt is the biggest source of such violence. The 800 lb gorilla wears a suit, but he is bursting at the seams more and more, showing the gorilla muscle underneath that was always there.
Perhaps even someone as far up as a Colombian president has been duped into actually believing neoliberal fairy tales of social contracts, human rights, United Nations, objective justice, and whatever other fairies and elves linger in the minds of the pearl-clutching upper crust. If so, that’s a shame for Colombia’s toiler class.

But the good news is that it can be a free lesson for other target countries (Panama, Denmark, Canada). Should any PM or dignitary think about dunking on the brute in some press release or a paid NYT editorial, they can see how fruitless it is. They might humble themselves before the powerlessness of their station, and choose to go along with their country’s subjugation. I’m sure it’s why Justin chose now to leave; he knew the next PM would be the one to usher in the formality of the situation Canada has always been in. The illusion of sovereignty has been at the pleasure of the 800 lb gorilla, and it seems the gorilla would like to dispense with that illusion.
A movie scene showing how light-hearted fanciful illusions of civility ultimately end in ape nature, red in tooth in claw:
https://youtu.be/WslVufiZbRQ?si=i2dJ1pCky98ZXy77



Ionel: At a higher/meta level, you're right about civilization being organized violence. On the "US govt" being the biggest source of such violence, I would downgrade that to "one of the biggest" to give credit where it's due (i.e. other autocracies or semi-democracies that also pushed their weight around under a thin veneer of self-ascribed righteousness for the past century of the Pax Americana).

My biggest quibble is not so much around the closing gap between US govt propaganda and realpolitik, but around the fragility of the much-vaunted US Constitution and the way in which it is being tested and (as some argue) slowly dismantled from within by a rapidly shifting balance of power in favor of the executive to the detriment of the other two branches. Mind you, this did not start under 45 (who only accelerated the imbalance), but it goes as far back as Honest Abe, FDR and LBJ who flexed just as much if not more than 47.
That (more than ever before) the current executive is just an avatar of all that is dark and crass about today's world, late capitalism, the military-industrial complex and/or the tech oligopoly and/or big (borderless and amoral) business/money, only further obscures the bleak reality and any sane vision to tackle the increasing chaos in the near future.

I get a feel that we're now reliving in a very palpable way the takeover of the Praetorian Guard, the puppet emperors they installed, and the crash brought about by the Justinian plague and the "barbarian" invasions of the late Roman Empire.

BTW, I liked the artistic feel of that clip you shared, even though IMO, it obscures too much any message it is actually trying to project through the multiple twisted mirrors it holds to our society, mirrors that keep bouncing around and distort any original signal/image.

On the theme of humanity and chaos, at an even more meta level, I wrote about it in a blog entry a few months ago (and amended it twice since): https://ionelv.dreamwidth.org/136126.html


Denis: the US Constitution is a social construct and myth. It is always true so long as we say it is true and actually believe it to be true, same as parallel universes and angels shuttered in Heaven. It has no tangible reality from its inception.

The first birth defect would be that the Constitution does not explicitly define who or how gets to determine what is Constitutuonal and what isn’t. The Supreme Court gave itself this power in Marbury v Madison as an act of realpolitik. This singular issue brings the same problem as Protestants who believe in Solo Scriptura even though it never says to do so in said Scriptura.

I would argue that the Constitution wasn’t meant to be actual legal framework to hold anyone accountable to anymore than the Declaration of Independence or the Federalist Papers. It’s prose. Again, it only became legal precedent and binding through the historic acts of Marbury v Madison. That was the self-creation of a minor deity and false god that lives in the hearts of many American.

Within its own little world of legalese, I would say it has been violated as early as John Adams’ Alien and Sedition Act. But the numb-skullery of the Constitution, in the Marbury v Madison world, is that Congress can create as many unconstitutional laws it wants, and executives can act as unconstitutional as it wants, up until it has been challenged and defeated in Supreme Court. This is first a reactive approach that allows the Devil to sin as much as he wants so long as he outpaces legal bureaucracy, which is very easy to do.

And of course there is the numb-skullery that the final decision is simply a majority vote of 9 judges. All the rich tapestry, lofty ideals, grand abstractions, comes down to a simply majority vote. AND!!! The same issue can be flip flopped from constitutional to unconstitutional or vice versa if you simply have a different set of 9 people. Whether slavery or abortion is constitutional depends on who is on the voting committee of 9. If you don’t like the decision, wait a decade for one of them to die, add a guy you like, then set up the same legal challenge again and hope for a different outcome. This does not sound like some objective truth of immutable reality. It sounds like political ratfucking with more steps.

The particular violations you reference (executive overreach, the caesarfication of the president vis-a-vis war making power, etc) are nothing compared to the inherent contradictions of this blind and deaf god called the constitution. While it still has its zealots among gray hairs, I am glad that the young dumb poors have dumbed their way into profound Truth: fuck the Consitution. It is a blind and deaf god that does not serve the living people today.

We are going through a time when the founding myths of the world order are no longer meaningful or relevant to the people. The constitution is just one diety among a pantheon of foundation myth deities which include: WW2 as existential good vs bad, individualism, rationalism, and the idea of economy itself. These gods have fewer believers than before. The constitution will not save us anymore than Gilgamesh will. “The old world is dying, the new world has yet to be born. Now is the time of monsters.”

chaos is a human construct. It, like infinity or the concept of first mover/cause, is a limitation of rational thinking. Entropy is a way of heaping math on top of this gray matter short circuit, same as limits and infinitesimals, same as statistics. And even same as how “I don’t knows” of cosmology are given grand titles like “dark matter” and “dark energy”. Even bad baby behavior is promoted to the scientific title of “colic”. The quantification of the frontal lobe’s limitations are like those medals on North Korean generals. Pomp and grandeur that ultimately signify nothing.

Another faltering world-myth is the relevance of rational thought. Rational thought makes a great slave but a poor master. It can help us achieve the goals of instinctual drive, e.g. how do we trick mammoths into falling off cliffs so we can eat their flesh. But it is no substitute for instinctual drive. It cannot tell us what is fundamental morality and purpose anymore than it can answer what effect has no cause. Even the rational science of psychology will say that most of the time we are operating off lower instinct not rational higher thought.

And so it is no wonder that a world dominated by science wonder boys is so morally bankrupt and even self-contradictory to the point of madness. Rational thought is a good slave but a poor master.
And listening to rational thought isn’t any different than listening to blood instinct. Rational thought is the work of a particular kind of meat, while instinct comes from cruder and more evolutionarily “proven” meat. Either way we’re just doing what the meat tells us.


Ionel: 1. US Constitution: Your (whole) analysis is a very nihilistic and I sense a bit facetious too. Yes, the USC is a somewhat deified by many and the originalists are but stans for whatever they think it meant 200 years ago, and the Supremes often overstep and are all too human when they twist themselves and the USC into pretzels to push their personal agenda, but the non-constitutional or weak constitutional alternatives are even worse (e.g. a legal corpus and governing process that sways wildly with each legislature sitting as it does in Israel or a country fully at the executive’s whims as it does in Russia or China where their constitutions are closer to what you are describing).

Yes, the USC is one of the hardest if not the hardest constitution to change in the world. That I think is it’s biggest weakness, but the solution is definitely not to chuck it forever or ignore it.
That the young’ns don’t like it or don’t even know or acknowledge its purpose and power is more proof of the rising idiocracy than of USC’s supposed irrelevance.

2. SCOTUS: I agree that Marbury was a gross overreach that created a minor demiurgic deity and its aftershock is still felt today in the ethical morass in which it still wallows. I fully agree with Biden’s proposal to improve it. Baby steps: we must always learn to walk first before we run because every time humanity trying running first, it fell flat on its face again and again.

3. Chaos and entropy are human constructs: I fully disagree. I think your view of these two concepts is too rigid by getting stuck on the technical (and seemingly arbitrary) definitions instead of seeing what they represent: a way of categorizing order and disorder in the variety that they present themselves in our everyday and perpetual variety. We can quibble about how much order and disorder can be quantified, measured and systematized, but you can’t deny that they do exist from the smallest to the largest scales.

4. Rational thought vs instinct: RT is not irrelevant or a boil on a musquito’s ass, or simply inferior to instinct. If it were so, or if we were to mainly choose instinct over rationality, we would still be swinging from trees, bumping into walls inside dark caves, prostrating to the sun/moon or other random objects, or following like lemmings the siren song of larger brutes with bigger sticks. Oh wait…

And today’s moral bankruptcy is both a periodic theme of humanity and an overblown crisis fomented by self-appointed saviours that at best claim instinct yet failing to realize that this instinct is highly derived from steeping since birth in a marinade of morality derived from thousand-year old goat herders that wandered in the desert for generations, told tall tales, stoned people to death and murdered women and children to serve an imaginary idol artificially constructed and remolded repeatedly and highly ironically by a priestly self-serving class.
For a sneak alpha preview of the next four years (and a recount of the last two months of his previous term), please read Jack Smith's report (especially pages 1-32). There are a few things that confuse me a great deal about the special counsel and Jan 6:
1. Why was Smith not appointed to investigate Trump's Jan 2021 riot until Nov 2022, a full 22 months after the crime?
2. Smith mentions in his letter preceding the report that "the Constitution forbids the federal indictment and prosecution of a sitting President", but Trump is not the sitting president yet, and more importantly the Constitution does not forbid such thing, nor has SCOTUS concluded such thing ever (although this forbiddance is DOJ dogma as it is serving under POTUS).
3. Why did the original August 2023 indictments against him take almost a full year for SCOTUS to squash only in part (Trump v United States on July 1st 2024), and why did Jack Smith file late August 2024 superseding indictments (when the original ones were just fine even if not perfect) only to drop them after the election?

https://en.wikipedia.org/wiki/Presidential_immunity_in_the_United_States
https://www.justice.gov/storage/Report-of-Special-Counsel-Smith-Volume-1-January-2025.pdf
https://www.law.virginia.edu/news/202301/can-presidents-be-prosecuted-or-sued-professor-explains-differing-visions-immunity
In two words, asymmetry and myopia are what ails the US (and to various degrees, most of the West, the anglophone world more than the rest), more precisely, the primarily genetic and implicit evolutional asymmetry of the US levers of power.
* By genetic, I mean that the US Constitution is increasingly petrifying, getting deified, all while its deep flaws can't be band aided or ignored anymore ([1], [4], [6]).
* By evolution, I mean the arrival at the current state of affairs in which the political center keeps shifting right [5], one party is slowly transforming into a fascist caricature and the other was/is experiencing a reverse takeover (e.g. New Democrats takeover since late 80s) and split personality at the same time (e.g. Lieberman, Manchin vs CPC, The Squad).
* By myopia, I am talking about the relentless and superficial news and conversation coverage mostly of the now and, at most, the next election cycle without much context, serious analysis or thoughtful projection further ahead, especially at crucial moments (e.g. elections, major legislative proposals, building up to and starting wars). I am also talking about the flawed attempts to present both sides in MSM coverage [2] when often one side is reasonable (backed by facts or common sense) and the other side is not (often appealing to emotion, Dunning-Kruger amplification and base fears through deceit or just bald-faced lies).

ALL the accelerating decay in US (politics, economy, crime and unfair justice, social and moral justice, rising inequality and debt at all levels from individual to feds, media [2], education, health care, dwindling social net, foreign policy, judicial system from juvie all the way to SCOTUS) and I really mean ALL, can be traced back to the other original sin in the Constitution: declaring all states equal (i.e. the Senate and the Electoral College). The metastasis of this "state equality" utopia can be perfectly illustrated by the present distortions in all three branches of the federal government:
* Legislative: 50 GOP senators represent 41.5 million less Americans than the 50 Dem senators[3]. If we count Manchin and Sinema as DINOs, then we have 48 Dem senators representing 37 million more Americans than the 50+2 anti-Dem senators. Either way, a considerable minority rules undemocratically.
* Executive: The Senate/EC distortion allowed Bush II in 2000 and BLT (BigLyingT*rd) in 2016 to win with a minority of national votes, and made the 2020 presidential election quite close in EC count (45k votes could have flipped it) despite a difference of 7 million votes overall.
* Judicial: The Senate and executive power imbalance has recently produced an imbalance in SCOTUS as well, one where one might expect some fairness and neutrality, but which is hopelessly imbalanced in a 6-3 power split in favor of the minority, with no foreseeable redress for at least a decade (unless the court gets packed or significantly altered in the near future), an imbalance which already has produced an elevated partisanship in its jurisprudence (which some may trace back to its recent controversial decisions in Bush v Gore (2000), Citizens United v FEC (2010) or even further back if we are to be honest).

Increasingly, many legal scholars and pundits have recognized the US Constitution's glaring flaws and many have proposed various paths/processes to address it (e.g. Bernstein's DC splitting into 127 states[1], Orts' proposal[7], Harvard Law Review's union packing[8], the "compact" [9]).

More reading material and sources for the above:
[1] http://www.inquiriesjournal.com/articles/1835/has-the-us-constitution-reached-its-expiration-date-a-review-and-criticism-of-the-worlds-longest-lasting-constitution
[2] https://pressthink.org/2020/11/the-coming-confrontation-between-the-american-press-and-the-republican-party/
[3] https://www.vox.com/2020/11/6/21550979/senate-malapportionment-20-million-democrats-republicans-supreme-court
[4] https://www.newyorker.com/magazine/2013/12/09/our-broken-constitution
[5] https://www.nytimes.com/interactive/2019/06/26/opinion/sunday/republican-platform-far-right.html
[6] https://www.theatlantic.com/ideas/archive/2020/02/constitution-flawed/606208/
[7] https://www.theatlantic.com/ideas/archive/2019/01/heres-how-fix-senate/579172/
[8] https://harvardlawreview.org/2020/01/pack-the-union-a-proposal-to-admit-new-states-for-the-purpose-of-amending-the-constitution-to-ensure-equal-representation/
[9] https://www.nationalpopularvote.com/written-explanation

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