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Cake day: July 6th, 2023

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  • I think that some of the arguments Texas is making are silly but the overall reasoning isn’t ridiculous. State law can’t forbid people to enter who are allowed to enter by federal law (or allow people to enter who are forbidden to enter by federal law) but I don’t see any clear constitutional reason why a state cannot enforce a state law against someone entering in violation of federal law. The federal government still has ultimate authority; it just needs to exercise it by changing the law rather than by failing to enforce existing law.

    And, as a practical matter, letting Texas do this may be a way of addressing an issue voters care a lot about while bypassing both obstructionist Republicans in Congress and Democratic activists.



  • Can someone more familiar with the precedent help me understand this case? It seems pretty clear that federal immigration law preempts any contradictory state law, but in this case the state law apparently does not contradict federal law. (Or is that not so?) Does the existence of the federal law prevent the state from enforcing even a compatible state law? Or does the exercise of discretion by the federal government regarding the manner in which federal law is enforced preempt a state from choosing to prosecute someone for violating state law if the federal government chose not to prosecute that person for violating an identical federal law?






  • One thing I’m curious about is whether player-initiated exposition is a good idea.

    Normally, the DM has to take the initiative to explore your character’s backstory. For example, he might say “You recognize the leader of the bandits - he was with the man who killed your father.”

    What if instead, when the DM has a generic group of bandits attack, you remain in character and just confront the leader of the bandits. “You! You were with him! Where is the man that killed my father?”

    On the one hand, this forces the DM to suddenly improvise when he already has a lot to do since he’s running the entire adventure. The DM might not like that. On the other hand, it also takes some of the work off of the DM, since it’s no longer his job to make sure that your characters’s backstory is being revealed the way you want it to be and he gets a memorable NPC for free.

    If the DM doesn’t want to roleplay a dramatic dialog right there and then, he can say something like

    The man was just a hired thug. All he knows is that the murderer and his elite guards left in the direction of [city the players were going to visit later anyway].

    The man was killed during the fighting, but you find half of a strange icon, the holy symbol of a god you don’t recognize, hanging from a golden chain around his neck.

    This way the DM can decide what the clue means when he gets around to it. Even if the bandit is just dead and the DM gives you no clues, you can roleplay your frustration. In any case, now everyone in the party knows something you (as the player) want them to know, even if it’s not something you’d tell them in character.


  • People only figured out the mechanics of plate tectonics relatively recently. However, they started noticing that the continents looked like they had fit together as soon as they had accurate maps to look at. In the late 1500’s

    Abraham Ortelius in his work Thesaurus Geographicus … suggested that the Americas were “torn away from Europe and Africa … by earthquakes and floods” and went on to say: “The vestiges of the rupture reveal themselves, if someone brings forward a map of the world and considers carefully the coasts of the three [continents].”

    Wikipedia link.





  • My impression is that Substack markets itself as a platform that refuses to censor unpopular opinions. In that context, hosting Nazi publications is, in a sense, a positive. If they’re not even going to remove Nazis, they’re definitely not going to remove you if you say something controversial.

    It looks like many Substack authors don’t agree, or don’t think that safety from being deplatformed is worth being associated with Nazis, however tenuous that association is. Substack has to be careful to avoid a cascade in which respectable authors leave, which causes the reputation of the platform to decline, which causes more authors to leave, until pretty much just the Nazis are left. But Substack also has to be careful to avoid the opposite phenomenon, where any censorship will start a cycle of greater and greater censorship.