“Will” versus “shall” in the Constitution

Plain Language

shallHere’s a question I received from Uthaclena.

I am told that there is a Constitutional difference between the words “shall” and “will.” Since you took PoliSci, do you know what that difference is?

I must admit I had had never heard this. So I decided to look at the document itself. The word will shows up about four times. Twice, interestingly, it appears a very familiar sentence. “I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Whereas shall can be found over 300 times, starting in Article 1, Section 1: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” In fact, shall appears in every part of the Constitution except the Preamble and Amedment X.

Compare and contrast

Does this suggest a differential of obligation in these two examples? Probably not. As the Wikipedia notes: “Historically, prescriptive grammar stated that, when expressing pure futurity (without any additional meaning such as desire or command), shall was to be used when the subject was in the first person, and will in other cases.”

Thus, the Simple Future Tense with no assertion of intention is I/we shall but you/he/she/it will. “I shall go to the store. She will go too.” Whereas Simple Future Tense with an assertion is more pointed. And the words are reversed. I/we will but you/he/she/it shall. “I will survive.” “He shall clean his room if he wants to go to the party.” “Thou shalt not kill.”

The phrases “I will faithfully execute…” and “All… Powers… shall be granted…” are both using Simple Future Tense with an assertion. Therefore, they are both indicating something mandatory. Got that?

Attorneys!

In common parlance, will has all but replaced shall altogether. From the Wikipedia: “Shall is… still widely used in bureaucratic documents, especially documents written by lawyers. Owing to heavy misuse, its meaning can be ambiguous and the United States government’s Plain Language group advises writers not to use the word at all.” Attorneys and plain language? What a concept!

“Other legal drafting experts, including Plain Language advocates, argue that while shall can be ambiguous in statutes (which most of the cited litigation on the word’s interpretation involves), court rules, and consumer contracts, that reasoning does not apply to the language of business contracts. These experts recommend using shall but only to impose an obligation on a contractual party that is the subject of the sentence, i.e., to convey the meaning ‘hereby has a duty to.'”

Here’s more about will versus shall here and here and here.

Dr. Rick Bright resigns from the National Institute of Health

failed White House leadership

Dr. Rick Bright has resigned from the National Institute of Health on Wednesday, October 7, 2020. Here is his letter.

Of all the tools required for an effective U.S. response to the coronavirus pandemic, one that is sorely missing is the truth. Public health guidance on the pandemic response, drafted by career scientists at the Centers for Disease Control and Prevention, has been repeatedly overruled by political staff appointed by the Trump administration. Career scientists throughout the Department of Health and Human Services hesitate to push back when science runs counter to the administration’s unrealistically optimistic pronouncements.

Public health and safety have been jeopardized by the administration’s hostility to the truth and by its politicization of the pandemic response, undoubtedly leading to tens of thousands of preventable deaths. For that reason, and because the administration has in effect barred me from working to fight the pandemic, I resigned on Tuesday from the National Institutes of Health.

BARDA

Until April, I had for almost four years been director of the Biomedical Advanced Research and Development Authority. When I strongly objected this past spring to the Trump administration’s insistence that BARDA support widespread access to chloroquine and hydroxychloroquine, two potentially dangerous drugs recklessly promoted by President Trump as a COVID-19 cure, I was shunted to the NIH and assigned a more limited role in the pandemic response.

My task at the NIH was to help launch a program expanding national COVID-19 testing capacity. The program is well underway and should reach nearly 1 million daily tests by the end of the year. Since early September, though, I was given no work; my services apparently were no longer needed.

I fear the benefits of dramatically improved testing capacity will be wasted unless it is a part of a coordinated national testing strategy. My recommendations to support a national plan were met with a tepid response. In an administration that suffers from widespread internal chaos, such coordination may be impossible — especially when the White House has seemed determined to slow down testing and not test people who might have asymptomatic infections.

Making it worse

From the beginning of the coronavirus outbreak, the administration’s failure to respond with a coordinated strategy only heightened the danger. Now the nation, and the world, are in the worst public health crisis in over a century. More than 1 million people worldwide have died from the pandemic; more than 211,000 Americans are dead. More than half of the states in this country are reporting rising COVID-19 cases.

Nine months into the pandemic, the United States continues to grapple with failed White House leadership. Instead, we get the recent spectacle of the president exploiting his own illness for political purposes and advising the nation, “Don’t be afraid of COVID.” Ironically, he was only able to leave the hospital after receiving two treatments that I had pushed for in January.

Meanwhile, there is still no coordinated national strategy to end the pandemic. Federal agencies, staffed with some of the best scientists in the world, continue to be politicized, manipulated, and ignored.

The country is flying blind into what could be the darkest winter in modern history. Undoubtedly, millions more Americans will be infected with the coronavirus and influenza; many thousands will die. Now, more than ever before, the public needs to be able to rely on honest, non-politicized, and unmanipulated public health guidance from career scientists.

Consume the news for every viewpoint

The need to know

I was on a Zoom meeting with some guys at church in September. The question was how do we consume the news. As I’ve said here before, I read a lot of newsfeeds from various sources.

Some are mainstream, such as the New York Times, Boston Globe, LA Times, and Washington Post. Some are progressive, such as Truthout and the Daily Kos. I consume a lot of conservative material, such as Daily Signal and Red State.

Oh, and there are non-news sources that often have news stories such as Thomas Industries, the Chronicle of Higher Education, and NatGeo. I’ve discovered that I can read about the exact same unlying facts, and discover that the conclusions are quite different.

This explains why I can never seem to keep up with my email. Initially, I subscribed so that I could peruse a balance of articles. I want to be a good, informed citizen. Of course, I come to these with my own biases, my own POV, but I’m willing to be convinced that I’m wrong. And even if I disagree, it might be a good piece for blog fodder.

Since I started working the Census, it’s been more skimming and less reading. It is especially true with the daily newspaper, which doesn’t take that long to read, even on Sunday. Yet it tends to pile up periodically.

Televsion

And TV news is worse. One guy in my group noted that by the time he sees the evening news – he watches ABC- he’s already gotten the gist of most of the stories presented. Largely true for me as well. I record both NBC and CBS, but I tend to fast forward through the stuff I’ve already sussed out. This is especially true of the unfortunate narratives of fires and floods.

Sometimes, there is a story after the first commercial break that’s unfamiliar to me. The later stories often highlight a twist I didn’t foresee. NBC has a series called Inequality in America. It has features about the digital divide or Americans going to Mexico to get COVID-related medications. I need more than Joe Friday “just the facts.” Context matters too.

When my wife was away on a recent Sunday visiting her mom, I partook in something I seldom do. I binge-watched. It was the previous week of The Daily Show with Trevor Noah, plus JEOPARDY! I need to alternate; it keeps my mind in balance.

A recent CBS News poll asked, “When you get the news these days, do you feel…?”
Misled 63%
Angry 56%
Informed 53%
Anxious 46%
Confused 35%

I say now that maybe after the election, I’ll cut back. This is probably a lie. No matter who wins on November 3, I’ll still have an apparently unquenchable need to know.

How do you consume the news? By this, I don’t mean that you get info from “the Internet” or “Facebook”, but WHAT on the Internet, WHO on Facebook/Twitter/Instagram.  

Seeking “normalcy” in Lake George

Where are they?

lake georgeWhen my wife suggested we trek to Lake George Saturday morning, I asked why. She was looking for a sense of “normalcy.” We hadn’t gone anywhere in the last seven months, save for her fortnightly treks to visit her mother 80 minutes away. Our daughter had gone there a handful of times; I went twice.

After lunch, the three of us plus my daughter’s friend Tee set off on the hour-long journey up I-87, the Northway. We saw an automotive parade for TRUMP 2020 on I-90, not that far from our house, which we became inadvertently a part of. Apparently, there was a rally at some abandoned mall before or after our observation. This took place while the incumbent was at Walter Reed Hospital.

Lake George is a lovely place I’ve been going to for much of my life, even before I moved to Albany in 1979. It is charming and not overly “touristy.” I attended at least a couple of conferences there. While my daughter and Tee hung out by the water, my wife and I went walking. It was disconcerting.

I’ll exclude those people not wearing masks because they were eating or smoking cigarettes or alone on one of the large boats or under the age of five. I daresay that the number of people wearing a mask while they were around people outnumbered the maskless by only about 3 to 2. Tee and my daughter never took off their masks from the time wey left the car until we returned, so uncomfortable they were with the other tourists’ masklessness.

Unsafe

And it was crowded because it was a nice early autumn day, despite bouts of quick rainstorms. EVERYONE needed to get out of Dodge, it seemed, and they picked Lake George as their respite. My wife and I got away from the people for a brief time and saw a nifty partial rainbow across the lake. It was so interesting – short but wide – that a couple people stopped their cars in the middle of a traffic circle to jump out and take some photos.

It was a nice time, but less so because of other people’s behavior. “Normalcy” is difficult to come by when I see headlines such as this in the Boston Globe: “If he believes he doesn’t need a mask, good for him.” It’s because, after all the deaths and illnesses, some folks “still aren’t sure about masks.” And that made me feel unsafe, especially this past weekend.

It’ll be a while before I’ll be willing to venture from my cave again. I’m the very definition of underlying conditions. I do understand the Weekly Sift guy’s sense of Schadenfreude, even as IMPOTUS says he’s finally “learned so much.” I’m trying NOT to feel that way, I really am…

WordPress classic editor retrievable

WordPress blogging

classic editorMy blogger buddy Chuck Miller wrote this post about why WordPress fixed what wasn’t broken. Specifically, “WordPress jerked its ‘Classic Editor’ function away from me, in favor of this new ‘fill in the blocks and do it our way’ functionality.”

And they did it without any warning, as Chuck rightly complained about.

While he was ultimately able to get the newish Gutenberg Editor to work, sort of, it’s been giving me a headache since the beginning of 2019. As I noted here: “WordPress 5 changed to an entirely new editor… ” This is SUPPOSED to be easier. “Construction of a post that historically just involved typing now involves pasting together a series of blocks.”

I hated it, and I couldn’t figure out how to use it the way I wanted to. Fortunately, the late Dustbury noted I could download Classic Editor as a plugin. And that works on my primary blog to this day.

Process

But before I write my posts, I create it in a test blog. And THAT blog has been changed to the block editor. One of Chuck’s commenters noted: “There are literally hundreds of WordPress users whose latest posts have been complaints about how awful Block Editor is. Will they listen?” Happily, “I found a hidden way to the Classic Editor… Now the link is under ‘All Posts'” So it is.

Another workaround comes from another Chuck commenter, which you can find here. Enter this in your browser, substituting the name the name of your blog. https://yourblog.wordpress.com/wp-admin/post-new.php?classic-editor It will take you to the old-style editor where you can create a post. Then bookmark that page for future use.” Sweet!

Know that I have really tried to use the Block Editor. I can do it, but it takes about 50% longer. I’m no more creative. Spending time formatting is NOT why I started blogging.

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