Showing posts sorted by date for query Prerogative. Sort by relevance Show all posts
Showing posts sorted by date for query Prerogative. Sort by relevance Show all posts

Saturday, May 23, 2026

Congress

Congress (pronounced kong-gris, kuhn-gres, kuhng-gris or khung-gres)

(1) The national legislative body of the US, a continuous institution consisting of the Senate and the House of Representatives (initial capital).

(2) This body as it exists for a period of two years during which it has the same membership (other than replacements by necessity).  By convention, Congresses sequentially are numbered.

(3) A session of this body.

(4) The national legislative body of a nation (used especially in republics and it has been used also of political parties or movements (such as the South African liberation movement the ANC (African National Congress, founded in 1912) and India’s INC (the Indian National Congress, founded in 1885 during the British Raj)).

(5) A formal meeting or assembly of representatives for the discussion, arrangement, or promotion of some matter of common interest (in this context often a synonym of academy, society, convention, council or conference).  Use of congress in this sense is not restricted to governmental or other official bodies, associations, special interest groups and sporting organizations routinely using the term.

(6) The act of coming together; an encounter; meeting.

(7) An association, especially one composed of representatives of various organizations (often used interchangeably with conference, society or association).

(8) Familiar relations; dealings or intercourse.

(9) Sexual intercourse; coitus.

(10) The collective noun for a group of baboons (something which can delight those observing the antics of those in the US Congress).

(11) To assemble together (ie to meet in a congress).

1350–1400 From the Middle English congres & congress (body of attendants, following (the meaning in the fifteenth century extending to “meeting of armed formations” while the sense of “a coming together of people, a meeting of individuals” emerged in the 1520s), from the Latin congressus (both “a friendly meeting” & “a hostile encounter”), past participle of congredi (to meet with; to fight with), an assimilated form, the construct being con- (in the sense of “with, together”), + gradi (to walk, step), from gradus (a step (from the primitive Indo-European root ghredh- (to walk, go)).  The adjective congressional (of or pertaining to a congress) was an adaptation from the Latin congressionem and the most common use now is the sense of “of or pertaining to the US Congress”, dating from 1776.  As something new, in the UK it was initially treated as “a barbarous Americanism” but as early as 1816 it was pointed out in England that the Congress (the highest legislative body in the US) had been formed in defiance of the UK and the nation’s citizens were hardly likely to wait on ascent from London before forming and using the adjectival derivative.  Congress is a noun & verb, congressional & congressive are adjectives and congressionally is an adverb; the noun plural is congresses.

The use of “congress” to describe “sexual intercourse; coitus” dates from the 1580s but, except in historic references or as a deliberate archaism, use tends now to be as a euphemism.  There was however once a handy distinction (heard from pulpits and in legal proceedings) between the naked noun and “marital congress (sexual intercourse as performed by two people enjoying benefit of marriage), the latter quite respectable (if not much discussed), the former not always, especially if adulterous.  The special adjective uncongressed was coined in the science of genetics to describe “unaligned chromosomes”, a phenomenon presumably about as bad as it sounds.  By contrast, a marriage in which “sexual intercourse; coitus” was held not to have transpired was said to be “unconsummated”, something often unfortunate for one or both parties but useful because it was grounds upon which a bishop might declare an otherwise legally marriage annulled.  That had the advantage of creating the legal fiction the ceremony had “never happened” with the couple able to return to church to marry new partners, something historically not always possible for divorcees (although for those rich enough there were sometimes “word-arounds” that could persuade an appropriately compensated bishop).  In centuries gone by, being “married before the eyes of God” was no small thing with important legal and social implications.

Making a fine legal point, one apparently open to interpretation.

Crooked Hillary Clinton (b 1947; FLOTUS 1993-2001 & US secretary of state 2009-2013, left) watching attentively as her husband Bill Clinton (b 1946; POTUS 1993-2001) assured the nation “I did not have sexual relations with that woman… Miss Lewinsky.” (White House intern Monica Lewinsky (b 1973)), the White House, January 1998.  A trained lawyer and former Arkansas attorney-general, Mr Clinton may have been tempted to say “I did not have congress with that woman… Miss Lewinsky. At least arguably that could have be held to be “truthful” because “congress” generally is understood as coitus (penetrative sexual intercourse) where as “sexual relations” casts a wider net.  Whether such sophistry would have saved him from impeachment seems unlikely and nothing was going to save him from the wrath of crooked Hillary.  Unfortunately, in subsequent legal proceedings, we never got to hear Mr Clinton's deconstruction of “congress” but we did learn what the word “is” means and that his definition of “sexual relations” extended to “giving” oral sex but excluded “receiving” oral sex.  The latter distinction surprised a few but at least now we know.

“Congress grass” is a synonym for “famine weed” (Parthenium hysterophorus), a highly invasive plant noted for its devastating impact on agriculture, food security, and native ecosystems. The undesirable plant gained the name “famine weed” from the way aggressively it would colonize farmland and pastures, replacing nutritious native flora and releasing allelopathic chemicals that severely would stunt the growth of crops and grasses, leading to sharp declines in agricultural yields, famines associated with heavily infested regions.  In India, during the 1950s, the plant came derisively to be damned with the monikerCongress grass” after the accidental introduction of the species by seeds in contaminated US wheat, imported during a national food shortage.  The name references not the US Congress but the INC (Indian National Congress, usually clipped to “the Congress”), in control of the national government that had arranged the importation.  Native to Central America, Parthenium hysterophorus is listed as invasive also in Australia and a number of African nations.

The specific sense of congress as “a meeting of delegates, formal meeting of persons having a representational character” was in use by at least the 1670s and in 1775 became the name for the national legislative body of the American states (with an initial upper case) which became the USA, the word chosen from a number of suggestions (legislative assembly, parliament etc).  The three sittings of the “Continental Congress” (representing the 13 American colonies seeking independence from imperial rule) were convened in 1774, 1775-1776 & 1776-1781.  The Congress of the Confederation (formally the United States in Congress Assembled) was the national governing body of the US between March 1781 and March 1789; established by the Articles of Confederation, it served as a transitional government between the Second Continental Congress and the modern US Congress which first sat on 4 March, 1789.

The US Capitol Building where the Congress sits, the House of Representatives housed in the south wing, the Senate in the north.  The original building was completed in 1800 and the final engineering sign-off of the dome structure came in 1867.  The last major structural changes were undertaken in 1962.

The US Congress is the is the legislative branch of the federal government, declared constitutionally “co-equal” with the executive and legislative branches although that’s a philosophical stance rather than a functional description, the Congress uniquely able to pass federal laws (in legal theory the occasionally infamous “Executive Orders” issued by POTUSs as unilateral actions under powers granted by Article II of the Constitution or federal law(s) are valid only to the extent they are constitutional and comply with federal law).  The Congress is divided into two houses: the Senate and the House of Representatives both of which are now elected by a popular vote; each state having two senators, the Senate has 100 members while in the House of Representatives there are 435, size of a state’s population determining its allocation.  Within each state, it is the legislature which has the power to determine electoral boundaries and over the years these processes have given rise to a rich vocabulary including “gerrymander”, “re-districting” & “electoral malapportionment”, the the memorable judicial maxim “legislators represent people, not trees and acres” handed down in a judgment by Chief Justice Earl Warren (1891–1974; Chief Justice of the US 1953-1969) in Reynolds v. Sims, 377 U.S. 533 (1964)).  The way the Democrats and Republicans draw lines on maps to maximize the benefit of their respective parties and disadvantage their opponents has always been entertaining but, because the exercise ultimately is one of math, what will be interesting is (1) how the process will be perfected when optimized by the use of AI (artificial intelligence) and (2) how the courts (ultimately the USSC (US Supreme Court)) will rule on the lawfulness of increasingly exaggerated distortions.

Constitutionally, the formal title for someone holding a seat in the House of Representatives is “Representative” which makes sense but “Congressman”, although originally a term of derision, became common.  “Representative” remains the preferred term in formal writing (certainly official government documents) and when addressing a member, the convention being “Representative Name” although “The Honorable Name” is in certain contexts used.  “Congressman” & “Congresswoman” are however deeply entrenched in US English and seem to be the most popular forms used by the public and much of the media.  The first congresswoman was Jeannette Rankin (1880–1973), a women's rights advocate, in 1916 elected as a Republican in Montana for a single term (she served a second in 1941-1943); she remains the only woman ever elected to Congress from Montana.  The gender-neutral “Congressperson” belongs to the “modern” class of words (which predate the mainstreaming of wokism) including “chairperson”, “salesperson” etc.  It has been accepted by dictionaries and style guides with some media organizations recommending use although it’s said rarely to be heard in oral use.  Representatives are elected for two-year terms and senators for six so in the congressional elections conducted every two years; all 435 seats in the House are contested along with about a third of the Senate.

One who would have been grateful “congressperson” wasn’t in general use in the early 1960s would have been the singer-songwriter Bob Dylan (b 1941) who released The Times They Are a-Changin' as the title-track of his 1964 album, “Come senators, congressmen” appearing as the first line of the third verse and suiting the rhythm of the work in a way “Come senators, congresspersons” wouldn’t have worked.

Come senators, congressmen
Please heed the call
Don't stand in the doorway
Don't block up the hall
For he that gets hurt
Will be he who has stalled
The battle outside ragin'
Will soon shake your windows
And rattle your walls
For the times they are a-changin'

Although The Times They Are a-Changin' now is regarded as a classic Dylan song and one of his standards, while internationally it enjoyed some success as a single, it was never released in that form in the US, included only on the original eponymous album and subsequent compilations.  Like much of Dylan’s work, there were several influences including biblical echos from Mark and Ecclesiastes.

Official portrait of George Santos while he was entitled to be styled “Representative the honorable George Santos”.

The first (openly) LGBTQQIAAOP Republican elected to Congress as a freshman (one's first elected presence there, a use borrowed from universities where it describes first-year students), George Anthony Devolder Santos (b 1988) entered Congress in the 2022 mid-term elections, taking the seat of New York's 3rd congressional district.  Although he seems to have passed untroubled through the Republican Party’s candidate vetting process, after his election a number of media outlets investigated and found his public persona was almost wholly untrue and contained many dubious or blatantly false claims about, inter alia, his mother, personal biography, education, criminal record, work history, financial status, ancestry, ethnicity, sexual orientation & religion.  When confronted, Mr Santos did admit to lying about certain matters, was vague about some and ducked and weaved to avoid discussing others, especially the fraud charges in Brazil he evaded by fleeing the country.  Although a life-long Roman Catholic, Mr Santos on a number of occasions claimed to be Jewish, even fabricating stories about his family suffering losses during the Holocaust.  Later, after the lies were exposed, he told a newspaper “I never claimed to be Jewish.  I am Catholic. Because I learned my maternal family had a Jewish background I said I was ‘Jew-ish.  In the right circumstances, delivered on-stage by a Jewish comedian, it might have been a good punch-line.

George Santos: The Congress's loss was OnlyFans' gain but unfortunately the new career didn't last because of an excessive number of “fan solicitations”.

Following an investigation by the House Ethics Committee and a federal indictment, the House of Representatives in 2023 voted 311–114 to expel Mr Santos, meaning he gained the dubious distinction of being the first member of Congress to have been expelled without having previously been convicted of a crime or having supported the Confederacy (the pro-slavery southern states opposed to the Union forces in the US Civil War (1861-1865)).  In other historic footnotes, he became the sixth member of the House to be expelled and the first Republican.  Subsequently, Mr Santos pled guilty to identity theft & wire fraud and in April 2025 was sentenced to a prison term of 87 months.  However, in October that year, after spending only some three months behind bars, Donald Trump (b 1946; POTUS 2017-2021 and since 2025) commuted his sentence, cancelling all unpaid fines and restitution, one of the reasons cited being Mr Santos's solid voting record in Congress (100% Republican).  There was a time when such a pardon would have attracted much comment but such has been Mr Trump’s use of his power to issue pardons, few now seem exceptional or even noteworthy.  The power to pardon (inherited from Kings of England who no longer discharge it as a personal right) is unusual in being the only power in the US Constitution not subject to “checks & balances”; it is a personal presidential prerogative.  Noting that, political scientists and legal scholars are looking forward to the pardons announced on the last day of Mr Trump’s term on the basis: “We ain’t seen nothing yet”.  Members of the House of Representatives typically are addressed as "the honorable" in formal use but this is a courtesy title and not a requirement.  It's a matter left to individual members and as far as is known, Mr Santos has not yet indicated whether he wishes people to continue to address him as “the honorable George Santos” but clearly he has a fan base.  In 2024, Mr Santos opened an OnlyFans page (US29.99 per month) but after only a few weeks he was forced to “abandon the platform due to the high volume of fan solicitations”.

Congressman Randy Fine (b 1974; Representative for Florida's 6th congressional district since April 2025) in red MAGA (Make America Great Again) hat (left) and a rooster with a large red coxcomb (the fleshy red pate of a rooster, left).

The long familiar “congressman” actually started as a term of derision before entering mainstream use as a neutral descriptor, a milder form being the later plural noun “congressfolk”.  Because voters (and others) so often find cause to be critical of those in Congress, a rich vocabulary of variants has over the years appeared, “congressfolk” yielding “congressdope” while independently coined terms included “congresscritter” and congressjerk while the offensive, ethnic slur “congresscoon” was a label applied to the first black congressmen (the presence of whom in the Congress many whites found appalling and not just those south of the Mason-Dixon Line).  To this day, phrases such as “those fuckwits in Congress” or “the stupid Congress” are part of US vernacular English although literary standards have declined since 1780 when one wrote: “Ye coxcomb Congressmen, declaimers keen, Brisk puppets of the Philadelphia scene.”  

Even within the political class the word can be weaponized.  Although in passing over 900 bills the 80th Congress (1947-1949) was hardly inert, it didn’t do everything the administration wanted so, on the campaign trail in 1948, the ever-combative Harry S. Truman (1884–1972; POTUS 1945-1953) dubbed it the “Do Nothing Congress” although the nickname was something of a “tar by association” tactic against his Republican opponent (Thomas E. Dewey (1902-1971) in the presidential election as much as it was against the legislators.  Most of the world fixates on presidential politics because of the drama and the cults of personality but domestically, it’s in the legislatures that lobbyists do their work and that’s where they make “campaign contributions” in exchange for getting the legislation which most benefits the corporations employing them.  The business of America is business” was how former president Calvin Coolidge (1872–1933; POTUS 1923-1929) summed it up.  It’s not wholly dissimilar to the development of the English constitution; it took centuries to evolve but essentially, in exchange for getting the money he needed to fight his wars, the king approved the laws the politicians wished to pass.  In the US, the dynamic relationship is between politicians & corporations, mediated by the lobbyists and between the two sides, there's much interchanging of personnel which is why the system is sometimes described by political scientists as “incestuous”.  The dynamic of the system does of course shift; sometimes those in Congress have dominated the president and sometimes he has dominated them so in that sense Trump 2.0 (Mr Trump's second administration) is just a phase the system is going through.

The reformed Lindsay Lohan.  Congress hasn't much mended its ways.

Others have found inventive ways to color their critique of the Congress.  In March 2011, delivering an address to the annual Washington Conference of the Institute of International Bankers, Richard W. Fisher (b 1949; president and CEO of the Federal Reserve Bank (the “Dallas Fed”) 2005-2015), spent some time discussing the fiscal policy (ie the dynamics of government spending vs revenue (taxation and such)) of the US Congress, his concern that for long-term investment to be secured, investors must have …confidence in the long-term prospects of where they invest.  In my judgment, it will be hard to secure that needed comfort until Congress makes clear it will refrain from the errant fiscal ways of the past, changes the way it taxes and spends and regulates, and places the nation demonstrably, and unalterably, on a path of fiscal rectitude.  To illustrate his point in an immediately accessible way, Mr Fisher added that the country had “…suffered for too long from ‘Lindsay Lohan’ Congresses.  Like Ms. Lohan, the American Congress is a beautiful creation, blessed with enormous talent. But it has been waylaid by addiction—in the case of the Congress to spending and debt—and by a proclivity for shoplifting—in the case of the Congress to pocketing for their immediate gratification the economic future of our children and grandchildren and our grandchildren’s children.  It may have been a bit of a “mean boy” way of putting it but doubtlessly his point was well understood by his audience, Ms Lohan then in her “troubled starlet” phase.  However, while Ms Lohan became an admirably reformed creature, the US Congress (which alone has the authority to authorize every dollar raised, borrowed and spent by the federal government) remains something of a fabulous beast, the national debt now some US$38 trillion and growing.

Senator Rebecca Ann Felton (1835–1930, left) and Senator Mitch McConnell (b 1942; US senator (Republican-Kentucky) since 1985; leader of the Senate Republican Conference 2007-2025, right).  The spooky resemblance between Senator Fulton (who in 1922 served for one day as a senator (Democratic-Georgia), appointed as a political manoeuvre) and Senator McConnell has led some to suggest he might be her reincarnated.  Some not so acquainted with history assumed the photograph of Senator Felton was Mitch McConnell in drag.

Members of the Senate, regardless of gender, are styled as “Senator” even though the Senate is a part of the Congress.  Although it has become common to describe the Senate and House respectively as “upper house” and “lower house” (reflecting the UK practice of so-describing the House of Lords and House of Commons), many political scientists claim that’s misleading and the two houses should be regarded as co-equal wings of the congress, each fulfilling a distinct function but not in a hierarchical structure.  They’re correct in asserting the use sits awkwardly with later constitutional development but the terminology is, in the US context, ancient, dating from at least the first federal Congress in 1789 when the Senate routinely was described as the “upper” chamber and the House the “lower”, simply reflecting the British parliamentary vocabulary with with those involved were familiar.

Federal Hall, New York City, circa 1950.

The framers of the US constitution did not use the terms “upper” and “lower”, something in keeping with spirit of an age that was the not exactly egalitarian but it certainly reflected their deliberately (if imperfectly) democratic, anti-aristocratic intentions.  The conceptual analogy can however be pursued, the Senate being smaller, the members granted longer terms with election originally being indirect by state legislatures while the house was directly elected (although the franchise was far from one of universal suffrage).  However, whatever the constitutional niceties, that arrangement did neatly map onto the bicameral model familiar in the UK and Europe where upper and lower chambers often were seen although surveys of early American political writing seems to hint there might have been some reluctance to use the traditional “upper” & “lower”, the Senate instead referred to as a “more select” or “more elevated” body; while many in the US political class were elitist, there was a reluctance to make that explicit.  That in 1789 members of the two houses first sat with senators assembling in a room on the first floor while representatives convened downstairs is a charming anecdote but is regarded by historians as a piece of architectural determinism, the downstairs room in New York’s Federal Hall being large enough for all the representatives, the less multitudinous senators able to fit upstairs.  Still, although the use “upper” & “lower” was already deeply embedded in the Anglo-American constitutional lexicon before Congress first met in the upstairs-downstairs arrangement, some did note the coincidence and it’s not impossible use of the terminology at least briefly was reinforced.  The room-allocation certainly didn’t create the use.

However, by the early nineteenth century, “upper house” and “lower house” routinely appeared as neutral descriptive terms in newspapers, parliamentary manuals, and political commentary, used of the Congress as well as state legislatures.  Modern political scientists have analysed the texts and concluded the use was merely of convenience as verbal shorthand because the terms were so well understood; it was in no way an attempt to “put meaning into the words of the constitution”.  Although there were obvious structural similarities with the UK parliament, the social and political history was different but while the powers of the House of Lords greatly were curtailed by the Parliament Acts (1911 & 1949), the US Senate became one of democracy’s more powerful “second chambers” in that it has a power of veto over executive appointments (judges, ambassadors, members of the cabinet etc) and no POTUS may have a treaty with a foreign entity ratified without the concurrence of the Senate.  Along with the Australian Senate (routinely and uncontroversially styled as an “upper house”) which has the power to force governments from office, the US Senate is one of the democratic world’s more powerful, the term in the jargon of political science being “strong bicameralism.”

Kim Jong-Un (Kim III, b 1982; Supreme Leader of DPRK (Democratic People's Republic of Korea (North Korea)) since 2011) leads the bowing ceremony before the portraits of Kim Il-Sung (Kim I, 1912–1994; Great Leader of DPRK, 1948-1994, left) and Kim Jong-Il (Kim II, 1941-2011; Dear Leader of DPRK, 1994-2011, right), 9th Congress of the WPK (Workers' Party of Korea), April 25 House of Culture, Pyongyang, 19-25 February 2026.  Unanimously, delegates paid tribute to the Supreme Leader and declared it the “best congress ever”.

In political use, although a “party congress” and “party caucus” both involve the party’s members meeting together, they are almost always different institutions.  By convention, a party congress is a large formal gathering of the membership or selected delegates.  These tend in scope to be national or regional and concerned with matters such as policy platforms, leadership and the endorsement of candidates although in recent decades they have become carefully managed (and scripted), set-piece events designed to demonstrate (or, for public purposes, to emulate) unity.  Held periodically and being now highly structured, they fulfil a ceremonial as well as practical purpose although functionally, most are now wholly unnecessary; dating from a time before modern communications when the only way for things to be “thrashed out” was for members to assemble to debate and vote, most “decisions” announced at party congresses have been worked out well in advance with the debates and announcements just “window-dressing” and a type of “brand identity”.  Most are now far removed from the origin in European, socialist or communist traditions but in authoritarian systems like those in the PRC (People’s Republic of China) or DPRK (Democratic People's Republic of Korea (North Korea)), the visual choreography is tighter even than that imposed by political machines in the West.

A party caucus inherently is a smaller gathering because almost always it’s restricted to elected or appointed members within a legislature or other (sometimes nominally) deliberative body.  The exact practice differs between (and sometimes even within) countries but, as a general principle, in parliamentary systems a caucus describes all elected legislators from one party meeting privately to discuss matters such as strategy, leadership coordination, or internal discipline.  The terms “party congress” and “party room” are thus usually interchangeable although there are instances where “caucus” has for historic reasons become so associated with one party that others avoid the label.  An obvious example is the ALP (Australian Labor Party (or as some prefer, Agitprop, Lies & Propaganda)) where use of “caucus” is entrenched so other parties tend to use “party meeting”, “party room” etc.  Similarly, in the US, while the congressional Democrats collectively are a “caucus” (sharing the noun with baboons which seems a nice touch), the Republicans are a “conference”.  Membership can be “loose”, the self-described “democratic socialist” Bernie Sanders (b 1941; senior US senator (Independent, Vermont) since 2007) having long “caucused with the Democrats”.  In the US, “caucus” was adopted for certain versions of “primary contests” in which candidates are selected (in other places the process might be called “pre-selection”).

Joe Biden (b 1942; VPOTUS 2009-2017 & POTUS 2021-2025) and his wife, Dr Jill Biden (b 1951) at a campaign stop during the Iowa Caucuses, Council Bluffs, Iowa, 30 November, 2019.

In the US, caucuses are now less common and the party machines would be delighted were they wholly to go extinct because, unlike primaries which are conducted at locations which are easily managed, caucuses are from the “horse & buggy” era and are geographically spread, often taking places in people’s houses.  For candidates, it can be a logistical nightmare but so culturally entrenched are the famous “Iowa Caucuses” which “kick off” the four-yearly cycle of presidential elections that whatever happens elsewhere, Iowa won’t be for turning.  In the US, there are also “sub-set caucuses” such as the “Congressional Black Caucus” and, upon formation in 1971, it was envisaged as a “non-party” gathering at which Democrats, Republicans and others could assemble to discuss matters of especial interest to the African-American community.  Remarkably, from time to time, Republicans have attended meetings.  The proliferation of caucuses within the Democratic Party has increased and there are caucuses labelled as “Jewish”, “Progressive”, “Muslim”, “women’s”, “African American”, “Education”, “Hispanic”, “Veterans”, “LGBTQ+”, “Pride”, “Stonewall”, Asian American & Pacific Islander”, “Native” and “Senior”; there may be more because the modern Democratic Party is a fissiparous beast.  

Watercolor of a Viennese ball.  So frequent were the balls at the Congress of Vienna, the Prince de Ligne famously observed “Le Congrès dance beaucoup, mais il ne marche pas” (Congress dances much, but it doesn't walk).

There are many aspects to the relationship between the US and PRC and following the May 2026 meeting in Beijing between Xi Jinping (b 1953; General Secretary of the CCP (Chinese Communist Party) and paramount leader of the PRC since 2012) and Donald Trump, analysts covered most of them.  There was much on trade, tariffs, military actions (calling events such as invasions “wars” has become unfashionable) in the Middle East or Ukraine, AI (artificial intelligence), oil, the renegade province of Taiwan and more.  What was however most striking about President Xi’s narrative was his observation the PRC and US had much more to gain from “cooperation” than “conflict”.  What Mr Xi seemed to be suggesting was different from earlier concepts which had at times characterized the relationship between the US and the Soviet Union; he wasn’t advocating a revival of “peaceful co-existence” or “détente” but something like a genuine, if unofficial, partnership based on mutual interest.  Although it’s speculative, it seems likely President Xi admires the Congress of Vienna (1814-1815) when the ruling elites met over some nine months to construct a post-Napoleonic Europe divided between the great powers, a structure in which (1) the ruling class would be spared another unpleasantness like the French Revolution (1789) and (2) a perpetual balance of power would be maintained, ensuring peace.  That in the two centuries since, the Congress has attached much criticism, largely for imposing a stultifying air of reaction on the continent, does not render the structure irrational nor detract from the rationale and some historians have come to regard the congress more fondly; while it’s not true the consequence was a exactly century of peace in Europe, it created a framework which meant a goodly number of decades notably less blood-soaked than what came before and certainly what followed after 1914.

In geopolitics, for authoritarian leaders to suggest “cooperation” with those more liberal is not new.  Adolf Hitler (1889-1945; Führer (leader) and German head of government 1933-1945 & head of state 1934-1945) in 1940, not best pleased at being at war with the British (the nation he regarded still as Germany’s natural ally), offered London what to many in the British establishment seemed a tempting deal, given the army had just been forced into an hasty and ignominious retreat from the beaches of Dunkirk.  As Hitler imagined the globe under his new order in which the German Empire would extend from the English Channel to the Urals, one feature which fitted in nicely was the British Empire and in return for offering his obviously potent military to assist in its defence, all he wanted from the British was an end to hostilities and “non-interference” in a Europe now under German occupation or hegemony.  The British had their own reasons for rejecting that kind offer but, after the tide of the war had turned, they heard something similar (and possibly about as sincere) from comrade Stalin (1878-1953; Soviet leader 1924-1953).  At the Yalta Conference in February 1945, the British and Americans first heard comrade Stalin’s idea that the ideal arrangement for the upcoming post-war world was that the Soviets wouldn’t interfere in the way the countries in the Western sphere of influence were handled and in return he expected no interference in the Soviet sphere (basically those nations unfortunate enough to end up behind what came to be called the Iron Curtain).

Deals being done: The Congress of Vienna (1819), engraving by Jean-Baptiste Isabey (1767–1855).

However, the circumstances of 2026 differ greatly from the world of 1815 and what could be achieved at the Congress of Vienna by Lord Castlereagh (1769–1822; UK foreign secretary 1812-1822) and Prince Klemens von Metternich (1773-1859; Foreign Minister of the Austrian Empire 1809-1848 & Chancellor 1821-1848) was a function of what was unique about that time and place.  The so-called Concert System (known also as the Vienna System in a nod to the epoch-making congress) in which the spheres of influence of Europe’s five great powers (Austria, France, Prussia, Russia and the UK) were effectively formalized with mechanisms created to resolve disputes by means other than armed conflict, while a model which could be mapped onto the geopolitical map of 2026 is of course an implausible resurrection because things are different.  Still, Mr Xi is a diligent student of history and is aware how much more productive can be great-power cooperation than conflict, outcome of the latter sometimes as bad for the “winners” as the “losers”.  What he’ll have noticed is Donald Trump genuinely is unique among post-war presidents in that he avowedly has no interest in “spreading democracy” around the globe, content if other countries, whatever their political arrangements buy US goods and services; he cares not at all whether or not they buy the US Constitution.

As Mr Xi could have told him, that’s a sensible position to take because a system which suits one national culture may wholly be incompatible with others and what’s remarkable is not that the US, debatably for the first time since the 1920s, now has a “pragmatic president” but that it took so long for them to get one.  What most distinguished US foreign policy since 1945 was the way it was affected by the much-discussed national characteristic of “exceptionalism”, a collective confidence that proved an asset in a venture like sending men to walk on the moon but in foreign policy has on occasions led the Americans astray.  Essentially, the problem is the idealistic American belief that every problem can be overcome (exemplified by the Pentagon’s standard doctrine of “overwhelming force”) whereas less ambitious realists understand some problems are insoluble and need just endlessly to be “managed”, witness the way the British for so long ran the Raj with a relative handful of troops and administrators.

Horse trading at the Yalta Conference, February 1945, Franklin Delano Roosevelt (FDR, 1882–1945, POTUS 1933-1945, left), comrade Stalin (1878-1953; Soviet leader 1924-1953, centre) and Winston Churchill (1875-1965; UK prime-minister 1940-1945 & 1951-1955, right).

The cartoon was by Ernest Howard "E.H." Shepard (1879–1976) and appeared in Punch some days after the conference communiqués were published.  In the UK it was titled The Pellmell of the European Puzzle but, in many other markets, that was changed to The European Hotch-Potch because “pell-mell” was thought obscure.  Pellmell (also as pell-mell) traditionally was used in the sense of “hasty and uncontrolled” so it was at least half-right to apply the term to what was done at Yalta.  Pellmell was from the French pêle-mêle, from the Old French pesle-mesle, reputedly a rhyme based on the stem of mesler (to mix, meddle).  Unlike the Congress of Vienna which absorbed some nine leisurely months between September 1814-June 1815, the Yalta Conference was done in little more than a week but although there were many dinners, there were no balls and no dancing.  So intractable was the position of comrade Stalin on matters of consequence to him, had it lasted nine months it's doubtful the outcomes would greatly have differed.   

President Xi (left) and President Trump (right).  While structuralists might disagree, behaviorists would likely find more similarities than differences.     

While something like a “Congress of Singapore” with global or even extensive regional ambitions would be overreach, it’s not difficult to imagine Mr Xi and Mr Trump at a table demonstrating the “art of the deal(s)”, each sacrificing the odd pawn to secure an uncontested rook or knight (or even a bishop).  The pawns of course might object to being “shuffled around” but as Mr Xi would explain to them: “twas ever thus” and their people will much prefer the fruits of an increasing co-prosperity to abstractions like democracy and the chimera of free speech.  Mr Trump’s background was in the world of corporations and deals rather than politics (as he one admitted, he “bought” politicians as required and was impressed by how cheap they were) so he can relate to someone like Mr Xi who functions as the CEO of a corporate state, more than he can presidents or prime ministers juggling the competing interests upon which they depend.  Like Mr Trump who wants as little as possible to do with the internal affairs of America’s customers (ie other countries), Mr Xi has no wish to waste effort or resources in the pointless business of attempting to impose Beijing’s way of running the PRC on others; good relations and mutually beneficial trade ties are much more sensible goals.  In Mr Xi and Mr Trump, not since a couple of horse-traders like comrade Stalin and Winston Churchill were running their countries have two great powers been headed by a pair more suited to “doing deals”.  While problems like Kashmir and Palestine will need “endless management”, in other places, there is scope for a couple of realists to “cooperate” and because Mr Trump (mostly) has purged the US system of tiresome idealists, for the first time in living memory, at least slight progress may be possible.  As at Yalta, there might be victims but where deals are there to be done, someone always has to pay the price.

Saturday, November 8, 2025

Patent

Patent (pronounced pat-nt or peyt-nt)

(1) The exclusive right, granted by a government to an inventor (or owner of the invention) to manufacture, use or sell an invention for a certain length of time.

(2) An invention or process protected by an exclusive right to manufacture, use, or sell it.

(3) An official document conferring on the inventor the exclusive right to manufacture, use, or sell an invention; letters patent.

(4) Protected by an exclusive right given to an inventor to manufacture, use, or sell an invention; patented; the holding of an exclusive right to manufacture, use, or sell an invention.

(5) Relating to, concerned with, or dealing with the granting of exclusive rights to sell or manufacture something, especially inventions (ie the matter of “patent law” dealt with by a “patent attorney”.

(6) Of or pertaining to a right, privilege etc conferred by a patent.

(7) To take out a patent on; obtain the exclusive rights to (an invention, process, etc) by securing a patent.

(8) In US law, the instrument with which by which the federal government conveys a legal title in fee-simple (freehold) to public land.

(9) An ellipsis of patent leather (a varnished, high-gloss leather used in fashion for shoes, handbags, coats and such).

(10) As patent leather, a hide treated in a way which results in a very shiny surface.

(11) Of plate glass, ground and polished on both sides,

(12) In pharmaceuticals, (of a medication) sold without a prescription and usually protected by an exclusive legal right to manufacture (described often as “patent remedies” or “patent drugs”).

(13) In medicine, (of a duct or passage in the body) open or unobstructed.

(14) In medicine (including veterinary medicine) of an infection, in the phase when the organism causing it can be detected by clinical tests.

(15) In phonetics, open, in various degrees, to the passage of the breath stream.

(16) In metallurgy to heat a metal above a transformation temperature and then quench (cool) it in preparation for cold-drawing, wire pulling etc.

(17) In gambling, the combination of seven bets on three selections, offering a return even if only one bet comes in.

(18) In baking (of flour), fine, and consisting mostly of the inner part of the endosperm of the grain from which it is milled.

(19) In botany (and sometimes in horticulture and agriculture generally), expanded or spreading.

(20) Lying open; not enclosed or shut in (often as “a patent field” and applied also to open doorways, passages and such.

(21) Readily open to notice or observation; evident unconcealed, conspicuous, palpable, clear (usually in the phrase “patently obvious”).

(22) To originate and establish as one's own.

(23) A characteristic or quality that one possesses; in particular (hyperbolic) as if exclusively; a monopoly (often in the form “got a patent on”).

(24) An official document granting a right (the significance of the "patent" element in "letters patent" being it indicated the document was openly published an accessible to all (ie in the sense of the Latin patēns).

(25) Any right granted by such a document.

1250–1300: As an adjective, patent was from the Middle English patent, from the Latin patent-, stem of patēns (open, standing open), present participle of patēre (to stand open, lie open).  The Middle English noun patent (document granting an office, property, right, title, etc.; document granting permission, licence; papal indulgence, pardon) was either a clipping of “letters patent”, a translation of the Medieval Latin littera patēns or litterae patentēs (open letters) or was directly from the Anglo-Norman and Middle French patente (which endures in modern French as patent) or a clipping of the Anglo-Norman lettres patentes, Middle French lettres patentes, lettre patente and Old French patentes lettres (document granting an office, privilege, right, etc or making a decree).  The adjective patent (granting a right, privilege, or power) emerged late in the fourteenth century while the sense of “open to view, plain, clear” was in use by at least 1505 and use as an adverb dates from the mid fifteenth century.

The verb dates from the 1670s and was derived from the Middle English nouns patent & patente (wide open; clear, unobstructed; unlimited; of a document: available for public inspection), from the Anglo-Norman & Middle French patent and directly from their etymon the Latin patēns (open; accessible, passable; evident, manifest; exposed, vulnerable), the present active participle of pateō (to be open; to be accessible, attainable; to be exposed, vulnerable; of frontiers or land: to extent, increase), from the primitive Indo-European pete or peth- (to spread out; to fly).  The verb originally was used in the sense of “to obtain right to land" by securing letters patent” while the meaning “obtain a copyright to an invention” was in use by at least 1822, building on the earlier meaning (recorded in 1789) “obtain an exclusive right or monopoly” a privilege granted by the Crown by the issue of letters patent.  Patents issued thus (for a licence granted by a government covering a new and useful invention, conferring exclusive right to exploit the invention for a specified term of years) came into use in the 1580s.  Patent is a noun, verb & adjective, patenter, patentor, patentee, patentholder, patency, patentability, impatency, patency & prepatent are nouns, patented is a verb & adjective, patenting is a verb, patentable, antipatent, patentlike, patentfree, patentless & impatent are adjectives and patentably & patently are adverbs; the noun plural is patents.  The derived forms (nonpatentable, unpatentability, repatent etc) are used as required.

Alice Geek TeckTM strapless bra.  The product was released with Geek TeckTM still in its "Pat. pend" phase.

The Alice Geek TeckTM strapless bra was released in 2015, its novelty being the use of “Patent-Pending Geek TeckTM” panels which exploited the Van Der Waals forces (intermolecular electrostatic attractive forces) created by their silicone construction with microscopic hair-like structures known as setae (analogous to those found on the feet of geckos, famous for their ability to attach themselves (upside-down) to ceilings, using, if need be, only one foot.  The theory was the Geek TeckTM panels would “stick to” the wearer’s skin thereby enhancing the most important design imperative of the strapless bra: staying up.  US patent 9,402,424 was assigned to Kellie K apparel LLC but it seems not to have succeeded which is unfortunate because there’s a gap in the market for a genuinely gravity-defying strapless bra.

The familiar term “patent pending” (often seen stamped on products in the abbreviated form “Pat. pend.”) is used to indicate a patent application has been filed but has not yet been granted.  The significance of the use is: (1) it can act to deters competitors, signalling to potential “copycats” that patent protection is expected to be granted, thus discouraging attempts at imitation, (2) it’s thought to lend credibility to a product, thus conferring a marketing advantage, (3) it can make a product more attractive to potential investors because a patent grants years of protection from competition and (4) the existence of the label can in subsequent infringement proceedings lead to a higher award of damages because it can be used as evidence the other party did not act “in good faith”.  However, the mere existence of a “Pat. Pend.” label does not provide legal protection and others may still (at their own risk) copy and sell the product, something of significance because patent applications can take months (or even years in complex or contested matters) to process and there have been cases where a company violating a subsequently granted patent has “come and gone” (taking with them their profits) by the time a patent is granted.  Importantly, a manufacturer cannot mark something as “Pat. Pend.” just to try to ward of potential competition and in most jurisdictions it’s unlawful to use the term if no application has been filed.  In legal slang, “patentees” and “patentspeak” are terms referring to the legal and technical jargon used in the handling of patents while “patentometrics” is the statistical analysis of patents.

In law, “patent troll” is an informal term used (usually disparagingly) to describe an individual or company which acquires and enforces patents in an aggressive and opportunistic manner, often with no intention of producing, marketing, or promoting the subjects of the patents.  The term is based on the similar concepts “trademark troll” and “copyright troll” and in more formal use a “patent troll” is usually styled a “patent assertion entity” or a “non-practicing entity”.  The seemingly curious business model (making money by neither producing or selling stuff to which one holds the exclusive patent) works usually through litigation or (more typically) the threat of litigation, exploiting the cost–benefit imbalance between contesting versus settling a lawsuit.  Sometimes speculatively but usually because potential targets have been identified, patent trolls will (1) buy older or unused patents from bankrupt companies, small inventors or concerns which have no further use for them or (2) file new patents that are broad or vague, something especially prevalent in highly technical fields where change is rapid (anything IT related the classic example) and specialists can amass hundreds or even thousands of patents, some unambiguously enforceable, some with enough of a hint of validity to be a creditable threat.  Thus equipped, patent trolls search for possible targets for litigation, the ideal victims being (1) companies so big they might settle a claim for what is (for them) a small sum (though most lucrative for the trolls who may have done little more than send a C&D (cease & desist letter)) or (2) smaller companies which cannot afford the cost of litigation (they might settle for less but it’s still a profit to the troll) because even if a case successfully is defended, the cost of doing so can, in the US, run to millions.

What that means is the troll’s business model has three potential revenue streams: (1) licensing fees, (2) one-off settlements and (3) court-awarded damages (in the rare instances in which a case goes to trial).  With no costs associated with R&D (research & development), product testing, production or marketing, a troll’s overheads are comparatively minimal and limited usually to legal and administrative fees.  Highly developed practitioners of trolling also use elaborate company structures made up of trusts, shelf companies and such, often in trans-national form, the jurisdictions chosen on the basis of which is most advantageous for a certain purpose (secrecy, taxation arrangements, limitations of liability etc); all these layers can protect a troll’s assets from counter-claims.  Patents are also “just another asset” and once assembled become a portfolio which can be leveraged as investment vehicles, something done often by the device of bundling them in securitized form, sometimes S&Ded (sliced & diced) for sale to investors, not as individual patents but as a percentage of the whole.

Some products become known as “patent something” because they gained their original uniqueness by virtue of patent protection.  In nautical use, a “patent log” is a mechanical device dragged from the stern of the vessel and used to indicate the craft’s speed through the water; most consist of a rotator (ie on the principle of a propeller) and reading unit, connected by a stiff line (usually covered with a flexible, protective skin).  Even in the age of electronic sensors, patent logs remain in use because they are simple, reliable, low maintenance units which require no external power source, the rotator spinning as it proceeds astern, the rotations of the connecting line registered by a wheel works and dial mounted to the vessel's rail.  The earliest versions of mechanical logs had the counting attached directly to the rotator, meaning the apparatus had to be hauled aboard to “take a reading” so the US innovation in the 1860s of a connecting line (spinning a la the mechanical speedometers which later would appear in automobiles) was an advance which made the thing a “real time” device.

An 1881 Patent Log by Thomas Walker, on display at the Smithsonian Natural History Museum.

For many reasons, to know a vessel’s true speed was an important part of seamanship and “log” element in the name came from the old way sailors determined speed.  Since the sixteenth century, the technique had been to attach knotted rope to a wooden log which was heaved overboard and, the knots being tied at regular intervals, the number of knots counted off over a short period indicating the speed.  From this came the standard unit of speed at sea being the “knot” (one knot being equal to one nautical mile per hour and few things annoy old salts more than the expression “knots per hour”).  The log method obviously was inexact because of the variables to which it was subject so the mechanical device was a great advance.  A company founded by Thomas Walker (1805-1873) as a nautical instrument maker based in Birmingham (in England about as far as one can get from the sea) received a patent for a mechanical log in 1878, sometime before one was granted by the US patent office although that application was submitted in 1877.

Lindsay Lohan during blonde phase in Lanvin patent leather coat, New York City, May 2007.

“Patent leather” describes a hide which has been coated with a process using a substance which produces a high-gloss finish, so shiny as to be described as “like a polished, glazed ceramic”.  In fashion, the attraction of patent leather is that despite the brittle appearance, it retains all the flexible qualities and durability of leather while being almost waterproof (although intrusion can of course be possible at the seams).  Most associated with shoes, boots, handbags and coats, the original patent leather seems exclusively to have been produced in black but a wide range of colors have long been available so the material quickly became a favourite of designers.  In the late 1700s when patent leather first became commercially available in England, the lacquer coating was linseed oil-based but what revolutionized things and made mass-production more viable was the invention by metallurgist Alexander Parkes (1813–1890) of Parkesine, the first man-made “plastic”; it was one of his dozens of patented inventions, thus the name “patent leather”.  It was Parkesine which enabled the development of multi-colored patent leathers and because the product literally is “leather with a synthetic coating”, it’s one of the natural products most easily emulated (in appearance) by a plastic alternative although the imitations never possessed the same qualities.  Interestingly, many of the various processes used early in the nineteenth century to patent leather were never patented.

The former Court of Star Chamber (1836), drawing by unknown artist.

There were also “patent theatres”.  In England letters patent were for years a standard device in the administration of censorship, something that attracted increased interest from governments as soon as the printing presses began to operate at scale.  The printing press was one of the great creations of civilization but their availability appalled priest and politician alike because the last thing they wanted was “the common people” being given ideas (which they knew quickly would become heresy and sedition).  Under Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547) proclamations against heretical and seditious publications soon appeared and in 1538 a statute was added declaring books must be licensed for printing by the Privy Council or other royal nominees.  What this did was create a flourishing black market for works produced by illegal presses and this battle between censorship and “underground” publications would for some 450 years characterize the way things were done in England.  One critical development came in 1557 when the Stationers' Company was granted a “charter of incorporation” which provided that only members of the company (or others holding a special patent) were allowed to print any work for sale in the kingdom.  In 1586, the ever imaginative Court of Star Chamber devised an ordinance which directed that no printing press might be set up in any place other than London (with the exception of one each for the university towns Oxford and Cambridge) and rigorously, the Star Chamber enforced this law with their usual zeal and although the court was in 1641 abolished by the Long Parliament, governments didn’t lose their fondness for censorship; under the Commonwealth restrictions were tightened with all “unofficial periodicals” (a move aimed at troublesome “newsletters, precursors to modern magazines and newspapers) banned and while the Rump Parliament of 1659 permitted “licensed newsbooks”, severely their issue was restricted.

During the Restoration period neither the government’s strategy or tactics much changed and material deemed libellous or offensive (values which cast a wide net) to the state or Church could see offenders fined, imprisoned pilloried or hanged (the last invoked if the offence was judged “high treason”).  By the eighteenth century things had somewhat been relaxed but Thomas Paine (1737-1809) was nevertheless compelled to flee to France when his book Rights of Man (1791) was declared “subversive” and a warrant issued for his arrest; even an article condemning the use of disciplinary flogging by the military could attract a fine of Stg£1,000 (then a small fortune) and two years in prison.  Being popular entertainment and accessible to even the illiterate, censorship of the theatre was important and the licensing of individual plays seems to have begun as early as the 1640s with an inspired piece of legislation in 1572 deeming all players (actors) “rogues and vagabonds” unless they belonged to (1) a baron of the realm, (2) somebody of higher rank or (3) were licensed by two justices.

Theatre Royal, Drury Lane, London, one of the original two "patent theatres".

Later, London’s theatrical companies worked under royal patents created by issue of the appropriate letters patent.  Curiously, governments, while much concerned with the preservation of political & ecclesiastical power, had rather neglected public morality but the Puritans were appalled by even the idea of the theatre.  Oliver Cromwell (1599–1658; Lord Protector of the Commonwealth 1653-1658) and his ilk thought the stage a place of immorality and in 1542 the Long Parliament prohibited all dramatic performances.  Inevitably, with theatres closed, an underground movement arose, the best documented of which were the Droll-Humours.  At or after the Restoration, letters patent were issued so companies could be formed and in 1662 these conferred on the recipients the exclusive right to present, in public, plays in public within the City of Westminster.  It proved a lucrative business and after the deaths of the original holders of the rights, lawyers began their squabble over to whom or what entity the letters patent should be conveyed; the disputes dragged on for some time before ultimately they were settled on the Covent Garden and Drury Lane theatres.  These enduring institutions thus came to be called the “patent theatres” and what the letters called “drama” was confined to the patent theatres.  However, nobody had bothered to define exactly what constituted “legitimate drama” and that remained a source of dispute among critics and lawyers, resolved only when the Theatres Act (1843) rendered the original letters patent inoperative.

Drawing of patent hammer, attached to Mr Richard’s application to the US Patent Office. the image is from the Trowel and Masonry Tool Collector Resource.

In stone-masonry, a “patent hammer” is a specialized hammer used by stonemasons for dressing stone, the head having two faces formed by a number (at least 2 but usually with 4, 6, 8, 10 or 12 “cuts” (blades) broad, thin chisels bolted side by side); the bolts could be loosened, allowing the blades to be removed to be re-sharpening or replaced.  The head of a patent hammer was heavy and the tool was used for finishing granite or the harder grades of sandstone and the choice of which to use was dictated by nature of the stone and the finish desired.  Historically, the most commonly used jaw opening was ⅞ inch but other graduations between ½ and one inch were widely produced and in the jargon of the trade, the number of cuts per nominal inch became the nominal description (eg an “8-cut finish”).  Essentially a time-saving device, use of a patent hammer allowed a stonemason to render a grooved surface more quickly and with more consistency than when using a single hand chisel.  The tools were in various places known also as the “patent bush hammer” “Scotia hammer” and “patent Scotia hammer” although, as a general principle, the Scotias usually were lighter and featured smaller jaw openings.  The tool gained its name from the patent granted in 1828 to Joseph Richards (1784-1848) of Braintree, Massachusetts and although the evidence suggests similar devices had for centuries been in use (presumably crated ad-hoc by stonemasons or tool-makers), this issue of the 1828 patent triggered an onrush of patent applications for stonemasonry tools and the US Patent Office (which classed them as “bush hammers” or “mill picks” to distinguish them from other hammers) soon had literally dozens of variants on the books.

In English law, letters patent and royal decrees (now more commonly styled as royal proclamations) are instruments with which the Crown exercises its prerogative powers, but they differ in form, purpose, and legal effect.  Letters patent are formal, written documents issued under the Great Seal, open for public inspection, declaring the monarch’s will in a matter of public record; they are addressed to all subjects, not to an individual or private recipient.  As an administrative device, letters patent are used to confirm rights, titles, offices, or privileges (including creating or conferring peerages or knighthoods) granting corporate charters (universities or city incorporations etc), issuing patents of invention or land grants and appointing public offices of state (governors, judges etc).  As legal devices, they operate as instruments of grant rather than command and unusually, take effect by virtue of being published, not by their delivery, registration or some form of gazetting.  Importantly, they can be subject to judicial challenge and voided if found to have been issued ultra vires (a legal maxim from the from Latin ultra vires (beyond the power) meaning (in this case) held to be beyond the monarch’s lawful prerogative) so although sounding something of an echo of the days of absolute power being exercised from the throne, they do operate within modern constitutional limits.

A royal proclamation is a command or declaration made by the monarch and issued over their signature but almost always drafted by the responsible ministers in government and published in the Gazette.  While a term like “royal proclamation” sounds like it might be used for commands like “off with their heads”, in modern use, typically, they’re invoked to announce or enforce policies, order, or regulations and that this is done under the royal prerogative is merely procedural.  So, while most are prosaic, (the regulation of this and that; announcing public holidays or public ceremonies etc), historically, royal proclamations have declared war and routinely still are the instrument summoning or dissolving parliament.  In the narrow technical sense the royal proclamation operates as an executive command rather than a grant but has a valid force of law only when issued under a lawful prerogative or statutory authority (since the Bill of Rights (1689), proclamations cannot create new offences or change existing law without the consent of both houses of parliament (as modified by the Parliament Acts (1911 & 1949)).

Mr Andrew Mountbatten Windsor (the former Prince Andrew, Duke of York) in the Garter robe he no longer dons (at least not when in public view).  Mr Mountbatten Windsor is the great grandson of King George V.

Because most are procedural, letters patent usually barely register in the public consciousness but, around the world, their use in late 2025 in the matter of Andrew Albert Christian Edward Mountbatten Windsor (b 1960) certainly made headlines.  Mr Mountbatten Windsor once was styled HRH (His Royal Highness) Prince Andrew, Duke of York, KG (Knight Companion of the Most Noble Order of the Garter), GCVO (Knight Grand Cross of the Royal Victorian Order) but the controversy about his alleged conduct with certain young women associated with the convicted child sex offender Jeffrey Epstein (1953–2019) meant that between 2022 and 2025, almost all his many titles gradually were (in one way or another) put into abeyance before his brother Charles III (b 1948; King of the United Kingdom since 2022) issued the letters patent effectively removing all.

Until that point, the gradual nibbling away of Mr Mountbatten Windsor’s array of titles had been an example of inept crisis management with him in 2022 ceasing to be a “HRH” in a “public capacity” but remaining one in his “private capacity”.  That didn’t mean he could use it only in his bedroom but meant it couldn’t be used were he to appear at any “official public event”.  While one being able to call oneself “HRH” only in private (presumably among consenting adults) might sound a bit of a slap on the royal wrist, it is possession of styles and titles which determine one’s place in the “order of precedence”, something of great significance to those who move in certain circles because where one sits on the pecking order determines things like who has to bow or curtsy to whom and whether at events one gets to sit somewhere nice with the dukes & earls or is shunted off into a corner with the provincial mayors and eldest sons of knights.  As a weapon, the removal of the “HRH” has been used against the Duchess of Windsor (Wallis Simpson; 1896–1986), Diana, Princess of Wales (1961-1997) and the Duchess of Sussex (Meghan Markle; b 1981).  Although Mr Mountbatten Windsor’s notorious television interview (approved by the palace courtiers against the advice of the media pros) seemed at the time the nadir of the crisis management of the “Andrew problem” (ranking with Boeing’s handing of the 737 Max’s “issues” and Intel’s attempt to “non-handle” the flaws in the original Pentium’s inbuilt math co-processor), the “drip feed” of the way his styles and titles gradually were eroded made things worse still.  As a footnote, the former Prince Andrew is now known as “Andrew Mountbatten Windsor” rather than “Andrew Windsor” because his father (Prince Philip, Duke of Edinburgh (1921–2021)) was upset his sons wouldn’t bear his name so the “Mountbatten” was added.

Revelations about his alleged conduct continued to emerge and in mid October, 2025, it was announced that following discussions with the king, he would cease to make use of the styles of address to which he was entitled as a duke and twice a knight of the realm (both knighthoods being in orders of chivalry in the personal gift of the sovereign (his mother) with no involvement by government).  That didn’t mean he ceased to be a duke (with subsidiary peerages) or the possessor of two knighthoods in orders of chivalry, just that he would no longer “use them”.  That meant for all public purposes he would revert to what he was by virtue of his birth: plain old “Prince Andrew”.  Had the revelations stopped there, the “fix” might have worked but as fresh accusations continued to appear, not only was the press making trouble but there were suggestions “the Andrew problem” might be discussed on the floor of the House of Commons where members enjoy what’s called “parliamentary privilege” (the right to make even defamatory statements without risk of legal action).  What appeared to be of particular interest to some politicians was Mr Mountbatten Windsor remaining eighth in the line of succession to the British throne (and thus the monarchies of Australia, the Bahamas, Belize, Canada and such).

Accordingly, on 30 October 2025, the palace announced the king would be removing all his brother's styles, titles, and honours.  While technically this does not revoke the peerages, it does mean they are no longer “effective” and thus not affecting the vital order of precedence.  On 3 November, the king issued letters patent stripping Andrew of both the style “HRH” and title “prince”.  That the king can do this by the mere inking of a sheet of vellum is because (1) letters patent are a powerful tool and (2) in 1917 George V (1865–1936; King of the United Kingdom & Emperor of India 1910-1936) effectively codified the monarch’s authority in such matters; no involvement by parliament being required.  In 1917 the UK was at war with the German Empire so anti-German sentiment was about and as well as changing the royal family’s name from the obviously Teutonic Saxe-Coburg-Gotha to Windsor, the opportunity was taken for an “agonizing reappraisal” of the domestic structure.

Letters Patent issued by George V, 30 November 1917.  When mention was made to the "Great Seal of the United Kingdom of Great Britain and Ireland", the reference was literally to a big wax seal.

Thus, King George V issued letters patent restricting use of the titles “Prince” & “Princess” and the style “HRH” to certain close relatives of the monarch: (1) the children of the sovereign, (2) the male-line grandchildren of the sovereign (3) and the eldest living son of the eldest son of the Prince of Wales (ie the heir apparent’s eldest son).  Other descendants of the monarch would be styled as children of dukes (Lord or Lady).  In doing this George V wasn’t claiming or asserting a new royal prerogative (it had long been acknowledged) but his issue of the 1917 Letters Patent was the moment it was codified and assumed the force of a formal decree.  That’s why it’s misleading to say the UK doesn’t have a written constitution; it’s just all the bits and pieces don’t appear in one consolidated document al la the US, Australia or the old Soviet Union.  The words of the 1917 Letters Patent were:

Whitehall, 30th November, 1917.  The KING has been pleased by Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the 30th day of November, 1917, to declare that the children of any Sovereign of these Realms and the children of the sons of any such Sovereign and the eldest living son of the eldest son of the Prince of Wales shall have and at all times hold and enjoy the style, title or attribute of Royal Highness with their titular dignity of Prince or Princess prefixed to their respective Christian names or with their other titles of honour; and that the grandchildren of the sons of any such Sovereign in the direct male line (save only the eldest living son of the eldest son of the Prince of Wales) shall have and enjoy in all occasions the style and title enjoyed by the children of Dukes of these Our Realms.

And forasmuch as it has become expedient that the usage whereby the style, title or attribute of Royal Highness and of Prince or Princess shall be borne by other descendants of Our said Grandfather of blessed memory shall cease, We do hereby further declare that the said styles, titles or attributes shall not henceforth be borne by such descendants of Our said Grandfather save those above mentioned.

Legally, “Our said Grandfather” actually referred to Victoria (1819–1901; Queen of the UK 1837-1901) and what the proclamation did was revoke the practice from Victoria’s time where almost all male-line descendants of the monarch were styled as princes or princesses.  Some countries still operate on the Victorian basis and a particular example is Saudi Arabia, a nation where, under their interpretation of the Sharia, kings and princes may enjoy more than the four wives which is the accepted limit in most Islamic nations which permit polygyny.  The royal scions have thus proliferated and if one moves in certain exulted circles, apart from the odd waiter or hairdresser, it can be possible to go through life and never meet a Saudi who is not a prince or princess.  In Saudi, for many reasons, it would be difficult to change the system but in Demark there recently was a cull of princes and princesses (the titles that is) with those who didn’t make the cut reverting to being count and countess of this and that.  For almost a century the 1917 Letters Patent remained the convention followed but  on 31 December 2012, Elizabeth II (1926-2022; Queen of the UK and other places, 1952-2022) issued letters patent extending both HRH and Prince or Princess status to all the children of the eldest son of the Prince of Wales:

Whitehall, 31st December, 2012.  The QUEEN has been pleased by Letters Patent under the Great Seal of the Realm dated the 31st day of December 2012 to declare that all the children of the eldest son of The Prince of Wales should have and enjoy the style, title and attribute of Royal Highness with the titular dignity of Prince or Princess prefixed to their Christian names or with such other titles of honour.

What that achieved was a bit of “title creep”.  Under the George V rule, only the eldest living son of the eldest son of the Prince of Wales would have been styled a prince; younger siblings would not have been princes or princesses but rather Lord or Lady Mountbatten-Windsor.  What Elizabeth II’s 2012 Letters Patent did was equalize things so all the children of the eldest son of the Prince of Wales would be both HRH and princes or princesses; it’s a thoughtful great-grandmother who thinks of a way to avoid sibling rivalry.  There have since been no further general amendments to the 1917 convention although the royal prerogative has been used to grant or remove titles individually, such the letters patent issued granting the titles prince & princess to the Duke of Sussex’s children.

Windsor Castle, September, 2025.

The UK government's state banquet in honor of the visiting Donald Trump (b 1946; US president 2017-2021 and since 2025), hosted in Windsor Castle in September 2025.  Where one sits on the UK's order of precedence will influence (1) whether one is invited and (2) whether one gets a "good" seat.  Among US presidents, Mr Trump's second state visit was unprecedented.

So, titles and styles are quite a thing in royal families because they operate as a pecking order atop a pecking order.  Despite the frequency with which the claim is made, the British royal family is not wholly averse to change and one change they would be welcome would be things going back to how they were done decades or centuries ago: In 1938, George VI (1895–1952; King of the United Kingdom 1936-1952), being driven through Surry in the company of a US journalist, gestured through the window towards Runnymede, telling his companion: “That’s where the troubles started”.  For the institution of the monarchy, there have since 1215 been many troubles, some quite serious but apart for a brief, aberrant, republican interlude, one royal household or another has remained in place, challenges dealt with as they’ve arisen.  For the royal family, the matter of “the Andrew problem” is not so much what he’s alleged to have done (which could have been handled with the odd wry smile and otherwise never spoken of) but the ghastliness of it becoming public knowledge among “the common people”.  The attraction of “fixing things” by the use of letters patent is it’s quick and (it’s hoped) will mean “the Andrew problem” doesn’t end up being discussed in the House of Commons.  That would be bad enough but once such things start they can get out of hand and if one matter about the royal family is being discussed in parliament, there’s no guarantee it wouldn’t lead to other aspects being questioned.  There are many things about the royal family and their place in the UK’s constitutional apparatus which they’d prefer not be discussed and certainly not in the House of Commons.  As a tactic, the letters patent may well keep the commoners in the Commons at bay but Mr Mountbatten Windsor’s life may yet get worse because various institutions in the US are interested in questioning him in relation to alleged offences committed on US soil and an extradition request is not impossible.