Calling Balls and Strikes; An Early View

 Chief Justice Roberts referred to judges as "merely calling balls and strikes."

From 1995, Graber, "Unnecessary and Unintelligible"

Ref 10 points to Elliott J, "The Debates in several states...1836) quoting John Jay.  

Ref 10 continues, See also, Powell HJ, "The original understanding of original intent," 98 Harv Law Rev 885, 1985.

Originalism and Textualism in the Courts - "NECESSARY"

 With the demise of the Chevron principal, courts are even more  likely to use jurisprudence in isolated ways, when deciding cases.   For example, a July 2024 case ruled against the HHS decision to include "transgender" in "sex discrimination" by using a 1972 dictionary.  

https://www.discoveriesinhealthpolicy.com/2024/07/the-nth-flip-flop-in-hhs-transgender-law.html

How "Hobby Distillers" and "Medicare Law" Intersect

Cases involving Medicare law may hinge the the 1965 Medicare statute, with the foundational terms, "reasonable and necessary" (in regard to health services and its technology).  

Here's a touchpoint.  In the new case HOBBY DISTILLERS, a Texas federal court has ruled against an old law prohibiting home distillers (moonshine).   The court found no justification for the federal power in the tax authority, the interstate commerce authority, nor in the fallback authorities to make laws "necessary and proper" for granted purposes.

Here's the Reuters article and a link to the 32 page decision.

https://www.reuters.com/legal/government/us-ban-at-home-distilling-is-unconstitutional-texas-judge-rules-2024-07-11/

https://fingfx.thomsonreuters.com/gfx/legaldocs/egpbojzkavq/07102024texas.pdf

What is "NECESSARY"?

Medicare law hings on "reasonable and necessary" while the Constitution has a major clause about "necessary and proper."  In a 2023 law review article, Calabresi et al. dissect the dictionary definition of "necessary." (With dictionaries from the founding era.)

https://scholarship.law.bu.edu/faculty_scholarship/3261/

Clearly, the article is necessary reading.

For example, let's say there's a court case whether Medicare should cover PET Scans.   Rather than the agency making a medical necessity decision, which is then followed by most courts ("Chevron"), we'd have a jurisprudential analysis of whether a PET scan fits the dictionary definition of "necessary."  As the Supreme Court wrote in LOPER (ending Chevron), judges are trained to make such statutory interpretations, agency staff are not.

###

From: Calabresi, "What McCulloch...got wrong."

I. THE DRAFTING AND RATIFICATION OF THE NECESSARY AND PROPER CLAUSE

A. The New Learning

For many years, conventional wisdom held that the Necessary and Proper

Clause was "a masterpiece of enigmatic formulation,"(fn23)  

such that "no one,including the constitutional framers, knows the 

point of the phrase 'necessary and proper."' (fn24) 

...A parade of distinguished scholars has lamented the lack of information

about the clause's origins. 

##

Calabresi, 2023, "What McCulloch v Maryland Got Wrong."

fn23

"Negotiating the constitution: Earliest debates over original intent."  Lynch, 4 (1999)

(At Amazon here).

fn24

"Unnecessary and unintelligible."  Graber, 12 Const Comment 167, 168 (1995). Online here.

Chat GPT Compares RFK JR Speech with Jeff Daniels Viral Speech on NEWSROOM

 

RFK Jr is running for President as a third party candidate, with about 5-10% of the vote.  Recently he posted an excellent and inspiring 9 minute speech on YouTube - link below.   

After a few hours, it occurred to me the RFK JR speech was remarkably similar in many ways to a famous viral  speech, from the HBO series NEWSROOM, by actor Jeff Daniels (about a 4 minute video with 22M YouTube hits.)  

Can you [GPT4] support my idea that, once noticed, there are remarkable similarities between the two speeches?  Not only in specific styles (both use a phrase like, "We used to be #1 in "X" and now we are #35") but in intention (to inspire and unite.)  The Daniels speech is both nostalgic (We used to be #1) and forward looking (there is much to be done and we can.)  So speaks RFK JR.   Discuss.

DANIELS   https://www.youtube.com/watch?v=ML3qYHWRIZk (4 min, Episode 1, 2012).

RFK JR   https://www.youtube.com/watch?v=qLlraZwIRaA  (How I See the State of the Union; 9 min; July 21)

###

The speech by Robert F. Kennedy Jr. and Jeff Daniels' speech from HBO's "The Newsroom" do share striking similarities in style and intention. 

Here are some key points that highlight their resemblance:

Similarities in Style

1. Nostalgia and Comparison:

   • RFK Jr.: He speaks nostalgically about America's past achievements and the high regard in which the country was held globally. He lists areas where America once excelled, such as being a moral authority, creating iconic products, and having a thriving middle class.
   • Jeff Daniels: His speech also reflects on the past, highlighting how America used to lead in various fields such as literacy, technological advancements, and moral leadership. He compares this to the present where America lags behind in numerous global rankings.

2. Use of Rankings and Statistics:

   • RFK Jr.: He mentions America's current standings in various global metrics, such as being 40th in health and wellness, 35th in child poverty, 36th in literacy, and 45th in press freedom.
   • Jeff Daniels: Similarly, he cites specific rankings to illustrate America's decline: 7th in literacy, 27th in math, 22nd in science, 49th in life expectancy, and so on.

3. Call to Action:

   • RFK Jr.: He encourages Americans to restore the nation's former glory by addressing chronic issues and uniting for a better future.
   • Jeff Daniels: He prompts the audience to recognize the problems and take the first step towards solving them, emphasizing the need to aspire to greater heights.

Similarities in Intention

1. Inspiration and Unity:

   • RFK Jr.: His speech is designed to inspire and unite Americans. He emphasizes the potential for healing and rebuilding the nation by overcoming division and working together towards common goals.
   • Jeff Daniels: His speech, though initially harsh, ultimately aims to inspire a sense of responsibility and a call to action, urging people to strive for a better America by acknowledging and addressing the current issues.

2. Vision for the Future:

   • RFK Jr.: He presents a hopeful vision for America, where with the right leadership and unity, the nation can overcome its current challenges and return to a path of prosperity, freedom, and health.
   • Jeff Daniels: He echoes a similar sentiment by reflecting on America's potential to reclaim its greatness through informed and active citizenship.

Conclusion

Both speeches utilize a blend of nostalgic reflection and critical comparison to current standings to underscore their points. They each aim to inspire action and unity by appealing to a collective sense of responsibility and potential for greatness. This method of juxtaposing past achievements with present shortcomings effectively creates a compelling narrative that resonates with audiences, urging them to aspire to a brighter future.

###

See Daniels reprise "Will McAvoy" discussing DJT in 2016 - here.

Nine Minute RFK JR Campaign Video - Script and AI

 https://www.youtube.com/watch?v=qLlraZwIRaA

COMMENT

Yes, PR, it's a script, it's edited, but still, on a different plane than RFK JR is normally found.   He's also very close to the famous (22 million views) speech by Jeff Daniels in NEWSROOM on HBO some years ago.  https://www.youtube.com/watch?v=ML3qYHWRIZk

AI SUMMARY

Robert F. Kennedy Jr., running as an independent candidate for president, recalls a bygone era when America was seen as a beacon of democracy and moral authority. He reflects on the country's past achievements, such as economic prosperity, global leadership, and significant social movements like civil rights and environmentalism. 

However, Kennedy laments the current state of America, describing it as plagued by chronic illness, violence, division, and economic disparity. He criticizes the loss of freedoms, the impact of drug cartels, and the decline in public health and education. 

Despite these challenges, he emphasizes the potential for recovery and unity, calling for a return to the principles of peace, freedom, and prosperity. Kennedy believes that Americans are ready to reject fear-mongering and divisive politics, and he urges voters to support a vision of hope and national healing.

##

I'm Robert F Kennedy Jr and I'm running
as an independent candidate for
president of the United States I grew up
in an America that seemed to have
achieved its promise as an exemplary
Nation modern democracy had spread from
one nation ours in 1776 to 6 by 1865 and

to 190 by the 1960s we had become the
city on the hill we were a moral
Authority around the globe our
government institutions our Congress the
court the regulatory agents
and even the American Press were
renowned for their integrity and they
were revered worldwide other nations
wanted our American leadership they knew
the difference between leadership and
bullying which is something our current
leaders seem to have forgotten we were
the template of Liberty proof that for a
country to thrive its people must be
free free to speak free to worship free
to build great companies free to start
small businesses we were the freest
country in the world and by no
coincidence also the most prosperous
work Americans could provide for their
families on a single salary they could
buy a home raise a family save for
retirement without mountains of debt we
made the best music we made the best
movies we made gold standard automobiles
that everybody in the world wanted we
made blue jeans we reconstructed Europe
we put men on the moon we the world's
healthiest best educated children our
productivity Ingenuity our can do Spirit
were the Envy of the world we had
confidence in our strength our capacity
and the Limitless potential of our
country yeah we had serious racial and
environmental problems but in the hey
days of my youth the environmental
movement and the Civil Rights Movement
were picking up steam my father and some
of his allies were fighting to eliminate
the last pockets of hunger in Appalachia
in the Mississippi Delta and on the
Indian reservations and we became for
the first time a true constitutional
democracy in this country with all Races
voting and holding political office
other count trees aspired to be like us
and our children grew up proud of their
passport proud of their flag my uncle
President Kennedy left us a legacy of
Peace in the hope of ending the arms
race and winding down the Cold War those
were the traditions of Freedom
prosperity and peace that my father my
uncle and Martin Luther King Jr were
striving to protect in advance in the
half century since their death we've
lost touch with that vision for our
country
I want to tell you right now that we can
still restore that America the America
that almost was and yet may be but we
have to start by being honest with
ourselves neither my uncle nor my father
would recognize the version of America
that we have today we become a nation of
chronic illness of violence of
loneliness depression and Division and
poverty our great cities are becoming
tent encampments modern day Hooverville
filled with undocumented immigrants and
dispossessed Americans and people living
in their cars plagued by mental illness
and addiction and despair our border has
come under the control of criminal drug
cartels that traffic in Desolation and
fenel and in Buzz loads of desperate
human beings our children are drowning
in a crisis of alienation of
dispossession and complete disconnection
from their communities we've lost far
more of our young people to drugs in the
last decade and in the 20year Vietnam
War we've printed nine centuries worth
of money in a little over a decade and
spend 8 trillion on regime change Wars
those Wars have made America less safe
our country less strong and the world
far less stable while sending prices
through the roof as our infrastructure
falls apart tens of millions of Young
Americans no longer even dream of owning
their own home what happened to America
the land of opportunity where you could
be sure that if you worked hard and
played by the rules that you would have
a decent life all the new wealth of the
last generation has gone to the
billionaires and to transnational
corporations while our tattered middle
class our infrastructure our industry
have been hollowed out from the inside
instead of Promise we've left our kids
sick and drowning in debt the public
debt has gone from about 5 trillion do
under President George W bush to $34
trillion today and US household debt is
at a record high of
17.3 trillion if you include discouraged
workers are true unemployment rate is
23% young parents face housing Grocery
and child care costs that are
unaffordable too many Americans are
living Bleak and hopeless lives dreading
the one medical emergency or the car
repair that will tip them over the edge
into homelessness we rank 40th globally
in our People's Health and Wellness out
of the richest countries in the world
the United States is 35th in child
poverty rates just above Mexico we rank
36 in literacy and 45th in impr press
Freedom we have one of the highest
cancer rates in the world and our life
expectancy now ranks 59th according to
the World Bank that's right behind
Algeria which spends less than 130th per
capita of what we spend but even these
Grim figures hide the full picture of
our dire Health crisis we now have the
worst Health outcomes in the rich world
the highest maternal mortality rates the
highest number of gun deaths per capita
and the highest number of teen
pregnancies we lead the world in obesity
and chronic disease according to CDC 60%
of Americans have at least one chronic
condition when my uncle was president
only 6% of Americans had chronic disease
and all of these plights fall heaviest
on our young people or in 10 of them
suffer depression and half of them have
considered suicide one in 10 has anxiety
one in 10 has ADHD one in five is obes
it's time for us to say enough is enough
we were once a free and thve living
Nation the healthiest and strongest in
the world what we once were we can be
again how do I know that it's because
everywhere I go in this country I see a
profound determination among Americans
to heal we might have become the sickest
country on Earth but we also have the
most ingenious healers both inside and
outside conventional medicine we may
have sky high levels of depression and
addiction but we also have innovators
who have opened up New Frontiers and
recover we have some of the world's most
depleted agricultural soils but also
some of the world's most Innovative and
energetic regenerative Farmers we have
serious economic problems but we also
have the brightest and most ambitious
entrepreneurs we Face hunger and
homelessness and yet we meet it with the
highest philanthropic rates in the world
and bottomless kindness and compassion
we may be on the mat today but we can be
on our feet and happy and healthy and
strong again with good leadership
tomorrow our people and our system were
built for resilience and here's the most
important thing I want to tell you about
the state of our Union our nation seems
more divided than ever but Americans
everywhere want to heal that divide our
nation has become artificially divided
by political forces that can survive
only when we the people are at war with
each other people are tired of being
manipulated by fear we learned that
lesson during Co we recognize that the
same techniques of manipulating fear are
being used used by El leades today to
Coral us into voting for one political
candidate or the other Americans are
tired of these dire warnings that to
preserve democracy itself you better
vote for our guy I can tell you that in
every state of this Union people are
rejecting fear
mongering 80% of Americans say they
don't want to be forced to choose in
this election between the lesser of two
evils they're tired of voting against
something or someone I see it in the
crowds a mix Republicans and Democrats
and independents who attend my rallies
that a growing number of Americans are
rejecting divisiveness they're ready to
unite to rebuild this country and to
fulfill the promise of the America of my
youth they're ready to vote for
something and for someone they like for
someone who represents hope and healing
or someone with a inspiring vision for
America's future for a future that they
can believe in so that's the State of
the Union that I want to bring you today
it's a nation that hungers to heal it's
a nation Ready To Face Reality to
rebuild to end the forever Foreign Wars
to clean out the corrupt Washington
establishment and to turn again toward
peace freedom good health and prosperity
when we unite in that Vision we're going
to be
unstoppable thank you and God bless you

##

History: Always Been Crazy (AI Dialog)

 15 or 20 years ago there was a book called London Rising, that focused on the history of London from 1600 to 1699, and especially took the perspectives of four different individuals, two of which were Christopher Wren and Isaac Newton and I believe Robert Hooke. Do you know who the fourth was?

The book you are referring to is "London Rising: The Men Who Made Modern London" by Leo Hollis. The fourth individual featured in the book, alongside Christopher Wren, Isaac Newton, and Robert Hooke, is John Evelyn. Evelyn was a writer, gardener, and diarist whose works provide significant insight into the period.

Thanks! This book substantially affected my view of modern world and national events. Every single decade of the century from 1600 to 1699 was marked by big crazy events, such as the great fire of London, the great play, in the execution of King Charles followed by the interregnum. Every decade was crazy. 

I have also recently seen this in two new books. One was about the decades of literally thousands of bomb attacks by anarchist in the early 1900s (INFERNAL MACHINE by Steven Johnson).  

A second was about the period 1938 to 1941 in US politics (THOSE ANGRY YEARS), which was extremely turbulent and unsettled, in part due to, controversies about President Roosevelt, and in part due to isolationism versus interventionism at the brink of World War 2. So when the politics of world events of a current decade seems crazy, in fact, most decades of any past century were full of crazy events.

It's fascinating how history often reveals patterns of turbulence and transformation in almost every era. Your reflections on the impact of "London Rising" and the other books you mentioned highlight how periods of intense change and conflict are common throughout history. This perspective can indeed provide a broader context for understanding the complexities and apparent chaos of current events. If you have any other books or topics you'd like to explore further, feel free to let me know!

You recognize the four biographical historical figures in London rising, could you discuss the book further?

"London Rising: The Men Who Made Modern London" by Leo Hollis provides a fascinating exploration of London's transformation during the 17th century through the lives and contributions of four key figures: Christopher Wren, Robert Hooke, John Evelyn, and Isaac Newton. The book delves into how these men, each a pioneer in their respective fields, played crucial roles in shaping modern London and, by extension, the modern world.

Key Figures and Their Contributions:

1. Christopher Wren:

   • Role: Architect
   • Contributions: Wren is best known for his work in rebuilding London after the Great Fire of 1666, most notably the design of St. Paul's Cathedral. His architectural vision and innovations had a lasting impact on the city's skyline and architectural style.

2. Robert Hooke:

   • Role: Scientist and Architect
   • Contributions: Hooke was a polymath whose work spanned various fields including physics, biology, and architecture. He collaborated with Wren on rebuilding projects post-Great Fire and made significant contributions to science, such as Hooke's Law of elasticity.

3. John Evelyn:

   • Role: Writer, Gardener, and Diarist
   • Contributions: Evelyn's detailed diaries provide a rich, firsthand account of 17th-century London life. His writings on urban planning and gardening influenced the development of London's green spaces and public gardens.

4. Isaac Newton:

   • Role: Scientist and Mathematician
   • Contributions: Newton's groundbreaking work in physics and mathematics, particularly his laws of motion and universal gravitation, revolutionized science. His time in London as Warden and later Master of the Royal Mint also saw significant advancements in the economic and scientific landscape of the city.

Themes and Historical Context:

The book situates these individuals within the broader context of a century marked by significant events and upheavals:

• The Great Plague (1665) and The Great Fire of London (1666): These disasters devastated the city but also provided opportunities for radical rebuilding and modernization.
• Political Turmoil: The execution of King Charles I and the subsequent Interregnum under Oliver Cromwell were periods of intense political and social upheaval.
• Scientific Revolution: This period saw dramatic advancements in scientific thought and experimentation, with the Royal Society playing a key role in promoting scientific inquiry and collaboration.

Impact and Legacy:

"London Rising" emphasizes how the convergence of these individuals' efforts during such a transformative century laid the groundwork for modern scientific, architectural, and urban planning principles. Their work not only rebuilt and redefined London but also influenced broader global developments in their respective fields.

Overall Perspective:

Leo Hollis's narrative weaves together these biographical accounts to highlight how personal ambitions, collaborative efforts, and the broader historical context combined to shape one of the world's greatest cities. The book underscores the idea that periods of great turmoil and challenge can also be times of profound innovation and progress.

If you have specific aspects of the book or its themes you'd like to delve deeper into, feel free to ask!

Another topic in the book, which I read 15 years ago, was the Puritans of the early 1600s, which became known in the United States as the pilgrims when they came to Massachusetts in 1620. In the United States, we learned that they were persecuted for the religious beliefs in England, and therefore had to come to New England. However, London rising highlights that they were a naughty nutty, extremist, who were extremely difficult to live with, and therefore chased out of both England and the Netherlands. There is an example of them being mad at some Episcopal church of England minister and drag him out of his church, naked into the snow, they were not folks that were easy to live with.

"London Rising" indeed provides a different perspective on the Puritans, contrasting the commonly taught American narrative. The book delves into the complexities of their beliefs and behaviors, portraying them not just as victims of persecution but also as extremists who were challenging to coexist with.

The Puritans' Reputation and Actions:

• Religious Extremism: The Puritans were part of a radical Protestant movement that sought to "purify" the Church of England from what they perceived as corrupt practices. Their strict adherence to their interpretation of the Bible and their uncompromising stance on religious matters often put them at odds with both the Anglican Church and other more moderate Protestant groups.

• Conflicts and Persecution: While it is true that the Puritans faced persecution for their beliefs, their own actions contributed to their contentious reputation. They were known for their harsh judgment and intolerance towards those who did not share their views. The anecdote of dragging an Episcopal minister out of his church naked into the snow exemplifies their extreme measures and intolerance.

• Expulsion from England and the Netherlands: Their radicalism and the social disruptions they caused made them unwelcome in England and later in the Netherlands. Their behavior and uncompromising stance created friction with the authorities and other communities, leading to their eventual migration to America.

The American Narrative:

• Persecution and Pilgrimage: In the United States, the Pilgrims are often portrayed primarily as persecuted individuals seeking religious freedom. This narrative emphasizes their struggle and determination to practice their faith freely, overshadowing the more complex and often problematic aspects of their behavior in Europe.

Impact and Legacy:

• Founding Myths: The story of the Pilgrims has become a foundational myth in American history, symbolizing the quest for religious freedom and the establishment of a new society based on shared beliefs and values. This narrative tends to simplify and sanitize their history, overlooking the more contentious aspects highlighted in "London Rising."

• Complex Historical Figures: Understanding the Puritans as both persecuted and persecutors provides a more nuanced view of their role in history. It highlights the complexities of religious movements and the often contradictory nature of human behavior.

By presenting this broader perspective, "London Rising" invites readers to reconsider the simplified historical narratives and recognize the multifaceted nature of historical events and figures. This approach enriches our understanding of the past and its impact on the present. If you have more specific questions or topics from the book you'd like to explore further, let me know!

Can you tell me about the Sojourn of the Puritans in the Netherlands?

2/2

The Puritans' sojourn in the Netherlands is a fascinating chapter in their history that illustrates their quest for religious freedom and the challenges they faced along the way. Here's an overview of this period:

Context and Reasons for Leaving England:

• Religious Persecution: In the early 17th century, the Puritans faced increasing persecution in England under the reign of King James I. Their desire to reform the Church of England and eliminate what they saw as remnants of Catholicism led to severe conflict with the authorities.
• Seeking Refuge: To escape persecution, a group of Puritans decided to leave England in search of a place where they could practice their faith freely. They initially considered various destinations but eventually chose the more tolerant Dutch Republic.

Life in the Netherlands:

• Settlement in Leiden: In 1609, a group of about 100 Puritans led by John Robinson settled in the city of Leiden, a university town known for its religious tolerance and intellectual atmosphere. Leiden provided a safe haven where they could worship without fear of persecution.
• Economic and Social Challenges: Despite the relative religious freedom, life in Leiden was difficult. The Puritans, primarily farmers, found it hard to adapt to the urban, industrial economy of Leiden. Many struggled with poverty and menial jobs in the textile industry.
• Cultural Integration: The Puritans also faced challenges integrating into Dutch society. While they appreciated the religious tolerance, they were concerned about the potential loss of their English identity and the influence of Dutch customs on their children.

Decision to Leave for the New World:

• Concerns About Assimilation: Over time, the Puritans grew increasingly worried about the assimilation of their children into Dutch culture and the potential erosion of their religious practices and English identity.
• Economic Hardships: The economic difficulties and lack of opportunities for advancement in Leiden further motivated the Puritans to seek a new place where they could build a community based entirely on their religious beliefs and values.
• The New World: After about a decade in the Netherlands, the Puritans decided to seek a new beginning in America. They obtained permission and funding to establish a colony in Virginia, though they eventually settled in what became Plymouth, Massachusetts.

The Journey to America:

• The Mayflower Voyage: In 1620, a portion of the Leiden congregation, along with other English Separatists, set sail on the Mayflower. They landed at Plymouth Rock, where they established one of the first successful English colonies in America.

Legacy:

• Influence on American History: The experiences in the Netherlands and the subsequent journey to America played a crucial role in shaping the identity and values of the Pilgrims. Their time in Leiden highlighted their determination to preserve their religious practices and community cohesion.
• Cultural and Religious Impact: The legacy of the Puritans' sojourn in the Netherlands and their eventual settlement in America contributed to the broader narrative of religious freedom and the establishment of new societal norms in the New World.

Understanding the Puritans' time in the Netherlands adds depth to the story of the Pilgrims and their journey to America, highlighting their resilience, adaptability, and unwavering commitment to their faith. If there's more you'd like to explore about this period or any other aspect of their history, feel free to ask!

They obtained permission and funding from whom? The king of England?

The Puritans did not obtain permission and funding directly from the King of England. Instead, their support came from a combination of private investors and a patent from the Virginia Company. Here's a more detailed breakdown of how they secured their journey:

Funding and Support:

• The Virginia Company: The Virginia Company of London was a joint-stock company established to create settlements in the New World. The Puritans obtained a patent from the Virginia Company, which gave them the right to settle in the northern part of its territory (near the Hudson River, though they ended up in what is now Massachusetts).
• Private Investors: To fund their voyage and settlement, the Puritans entered into an agreement with a group of private investors known as the Merchant Adventurers. These investors provided financial backing in exchange for a share in the profits of the new colony. This arrangement was essentially a business venture, with the investors expecting returns from the resources and goods produced by the colony.

The Agreement:

• Terms and Conditions: The terms of the agreement with the Merchant Adventurers were quite demanding. The Puritans agreed to work for the company for seven years, during which time everything they produced would be shared among the colonists and the investors. At the end of the seven years, the profits and assets of the colony would be divided between the colonists and the investors.

Key Figures:

• Robert Cushman and John Carver: These two men were instrumental in negotiating the terms of the agreement with the Merchant Adventurers and securing the necessary permissions from the Virginia Company. John Carver later became the first governor of the Plymouth Colony.

The Journey:

• The Mayflower and Speedwell: The original plan involved two ships, the Mayflower and the Speedwell. However, the Speedwell proved unseaworthy and had to turn back, so only the Mayflower made the journey with 102 passengers, including the Pilgrims and other settlers.

Settlement:

• Plymouth Colony: Upon arrival in America, they landed far north of their intended destination. After exploring the area, they decided to settle at Plymouth, where they established Plymouth Colony. The Mayflower Compact, signed by the male passengers, established a basic form of self-government and cooperation among the settlers.

In summary, the Puritans' journey to America was funded by a combination of private investors (the Merchant Adventurers) and a patent from the Virginia Company, rather than direct support from the King of England. This venture was both a quest for religious freedom and a business enterprise aimed at establishing a profitable colony.

So they did not planned to be in the Cape Cod area.

That's correct. The Puritans, who later became known as the Pilgrims, did not originally plan to settle in the Cape Cod area. Their intended destination was the northern part of the Virginia Company's territory, near the mouth of the Hudson River, which is in present-day New York. Here's a brief overview of how they ended up in Cape Cod:

Intended Destination:

• Virginia Company's Territory: The Pilgrims aimed to settle within the bounds of the Virginia Company's territory, which stretched along the eastern coast of North America. Their specific target was near the Hudson River, further south than where they eventually landed.

The Journey:

• The Mayflower's Route: After departing from England in September 1620, the Mayflower faced rough seas and adverse weather conditions, which significantly impacted their course.

Arrival and Exploration:

• Cape Cod: On November 9, 1620, the Mayflower sighted land at Cape Cod. Recognizing that they were far north of their intended destination, the Pilgrims attempted to sail south towards the Hudson River. However, strong winter seas and dangerous shoals near Cape Cod forced them to abandon this plan.
• Decision to Settle: After a failed attempt to navigate south, the Pilgrims decided to explore the Cape Cod area. They anchored in what is now Provincetown Harbor and sent out exploratory parties to find a suitable place for settlement. During these explorations, they encountered harsh weather and challenging conditions.

Settlement at Plymouth:

• Plymouth: In December 1620, after several weeks of exploration, the Pilgrims chose a site at Plymouth (previously known as Patuxet by the Native Americans) for their settlement. They were attracted to this location because of its favorable harbor, cleared fields, and freshwater sources.
• Mayflower Compact: Before disembarking, the male passengers signed the Mayflower Compact on November 11, 1620 (Old Style calendar), establishing a rudimentary form of self-governance and agreeing to work together for the good of the colony.

Challenges and Adaptation:

• Harsh Winter: The first winter in Plymouth was brutal, with nearly half of the settlers perishing due to disease, exposure, and malnutrition. Despite these hardships, the survivors persisted and established a foothold in the New World.

In summary, while the Pilgrims intended to settle near the Hudson River within the Virginia Company's territory, navigational challenges and severe weather conditions led them to land and eventually settle in the Cape Cod area, specifically at Plymouth. This unplanned location became the site of one of the earliest successful English colonies in North America.

Landing in New England in November or December seems like a bad idea. Why didn’t they wait until May?

The timing of the Pilgrims' landing in New England in November and December 1620 was not intentional but rather a result of several factors that delayed their departure from England and complicated their journey. Here's a closer look at the reasons behind their late arrival:

Delays and Challenges:

1. Initial Departure Issues: The Pilgrims originally planned to leave in the summer of 1620, which would have allowed them to arrive in America during a more favorable season. However, their journey was plagued by delays and logistical issues.

2. The Speedwell's Problems: The initial plan involved two ships, the Mayflower and the Speedwell. The Speedwell experienced numerous leaks and proved unseaworthy, forcing both ships to return to port twice for repairs. Eventually, the Speedwell was abandoned, and its passengers were transferred to the Mayflower, causing significant delays.

3. Late Start: After abandoning the Speedwell, the Mayflower finally departed from Plymouth, England, on September 6, 1620. This late start meant that the journey would take them into the stormy North Atlantic autumn and early winter, significantly increasing the difficulty and danger of the voyage.

Voyage Conditions:

1. Rough Seas and Storms: The Pilgrims encountered rough seas and storms during their journey across the Atlantic, which slowed their progress and further delayed their arrival.

2. Navigational Challenges: The adverse weather and rough seas also contributed to navigational challenges, which made it difficult for the ship to reach its intended destination near the Hudson River.

Upon Arrival:

1. Necessity of Immediate Settlement: Upon sighting land in November, the Pilgrims were already exhausted and faced with dwindling supplies. Waiting until May to land would have been impossible given their immediate need for shelter and food to survive the winter.

2. Exploration and Decision-Making: After landing at Cape Cod in November, the Pilgrims spent several weeks exploring the area to find a suitable place for settlement. They finally chose Plymouth in December, just before the onset of the harsh New England winter.

Conclusion:

• Urgency and Survival: The urgency to find shelter and establish a settlement was driven by the immediate need to survive. With winter approaching and their supplies running low, waiting until May was not an option.
• Unplanned Circumstances: The late arrival was largely due to unplanned circumstances and challenges during their journey. The Pilgrims had little control over these delays and had to adapt to the situation they found themselves in.

The Pilgrims' arrival in New England in late fall and early winter was far from ideal, but it was the best option available to them given the circumstances. Their resilience and determination enabled them to survive the first difficult winter and establish a lasting settlement.