Advice and Affirmative Consent

(Before we begin, a bit of housekeeping. I have said all that I want to say, all that any should ever need to say, about Donald Trump. I shall speak of him no more in this post, and never again if I can help it.)

(And I know, I know what my maybe half of half a dozen readers are thinking (“Andrew! Where have you been in these dark times when we really need you!”~ Nobody) and I can assure you that if there was any reason to think we aren’t in the metaphorical end times of politics, a metaphorical Tribulation in which as a metaphorical Catholic I do not metaphorically believe, I’d probably post a lot more to try and reassure you. There’s nothing to be reassured about. It is that bad.)

There is much to say, and much has already been said, about the death of Supreme Court Justice and legal-theory giant Antonin Scalia. About the event itself it is probably best to say nothing at all. The cynical mind would perhaps think it awfully convenient for the left that Obama get one last chance inflict generational damage on the structure of America itself. But We All Agree that to even wonder whether anything nefarious might be at work is to flirt with insanity itself. And remember, it is what We All Agree To which determines what truth is, and surely not anything else.

But least you think my protestations a bit much, I am not here to talk about today whether a President who has said he’s good at killing people is above applying that to his domestic enemies when not above applying it to foreign civilians presumed guilty until proven innocent (no really, the way the Obama administration counts civilian casualties in drone strikes is by considering every military aged male an enemy combatant until intelligence posthumously exonerates them. I did not make that up. The New York Times may have.)

Instead I’m here to talk about consent. It’s a popular topic these days, especially among feminists, who are probably especially eager to see Scalia replaced with someone more willing to see rights to murder and free birth control where none plainly exist. These Social Justice Warriors who wax eloquent about the pervasive rape culture which literally tells young men that one of the most heinous crimes a person can commit is a perfectly okay thing to do-through such blatantly pro-rape things as that ancient, and clearly outmoded legal principle; Ei incumbit probatio qui dicit, non qui negat. Perhaps, however, before claiming that President Obama has a right to appoint whoever he wants to the Supreme Court, they ought to reconsider. Despite what some twitter leftist apparently believe, nominate and appoint are not words with identical meanings, which is perhaps why, you know, the Constitution refers to both separately. More to the point, however, the appropriate clause of the Constitution is the Advice and Consent clause (“[The President] shall nominate, and by and with the advice and consent of the Senate, shall appoint […] judges of the Supreme Court”), and Social Justice Warrior feminists who embrace a very strict notion of affirmative consent-whereby sex or intimate activity in effect requires a notary public to verify in writing that both parties agree to whatever actions will be undertaken by them, and even the reason as to why, before they occur, lest the male party later be legally considered guilty of rape or sexual assault, and again, I am not making this up, as a quick google search would verify)-ought to take note how quickly their male colleagues in the ongoing march of Progress now embrace the doctrine that a man is entitled to consent-As long as that man is Barack Obama.

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