Category Archives

Archive of posts published in the category: Law

Legislating Hysteria

Another gem from Kevin Williamson, A National State of Non-Emergency in National Review: What people remember of that episode is Senator Edward Kennedy’s infamous speech describing “Robert Bork’s America,” “a land in which women would be forced into back-alley abortions, blacks…

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Normalizing Crisis

Another gem from Kevin Williamson, A National State of Non-Emergency in National Review: But the rules of the game are not all there is to the game. What in another context might be called “sportsmanship” is in politics a question of prudence…

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Permanent Emergency

Another gem from Kevin Williamson, A National State of Non-Emergency in National Review: The recently proffered Republican health-care bill instantiates much of what is wrong with our politics: The bill was constructed through an extraordinary process in which there were no hearings,…

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The Law vs Moral Philosophy

from Kenneth Stars in the WSJ, Gorsuch Gets  Comfortable in Scalia’s Chair: When Scalia ascended to the high court in 1986, he saw the danger of a runaway judiciary, as embodied in the Warren Court and to a lesser extent…

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Means Matter

One of the problems with the ‘ends justify the means’ mentality is determining whose ends you are pursuing. The idea of a living constitution sounds fine to the left as long as they are pursuing the goals the left values,…

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The Legislative Court of HRC

Probably the most objectionable statement from HRC (and this is quite a list) was in the second debate in how she would select justices for the Supreme Court. The transcript: QUESTION: Good evening. Perhaps the most important aspect of this…

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The Justice of Citizens United

In National Review Kevin Williamson writes The Book Burners. Citizens United, he reminds us, was about much more than big money in politics.  It was about denying the government the right to ban books and media.  It was about the…

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When Democracy Trumps Liberty

George Will wrote an excellent piece in National Affairs, The Limits of Majority Rule.  My very brief summary and a few comments: The Progressive pivot of about 1890- but reached in full bore under FDR  is when democracy superseded liberty…

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Democracy and Liberty

From National Affairs George Will writes The Limits of Majority Rule.  It is an excellent summary of the history of the court as it has moved from judicial review to activism.  The success of Progressivism has hinged on the court shifting from…

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The Essence of Restraint

From National Affairs George Will writes The Limits of Majority Rule. : an excerpt: If the sole, or overriding, goal of the Constitution can be reduced to establishing democracy, and if the distilled essence of democracy is that majorities shall rule in…

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The Conscience of the Constitution

From National Affairs George Will writes The Limits of Majority Rule.  I strongly recommend you read the entire essay. an excerpt: Another reason many conservatives favor judicial deference and restraint is what can be called the conservative populist temptation. Conservatives are hardly…

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Chasing Cash Instead of Crime

When Cops Seize Property from Michael Haugen at The National Review If this situation sounds like an abuse of constitutional due process, it is — and it gets worse. Because the property itself “commits” a crime under civil forfeiture, the…

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Politics and Law

from Kevin Williamson at National Review,  Merrick Garland’s ‘Moderation’ It should not matter — if the law were the law. If the law is whatever our black-robed secular clerics say it is, then it does matter what sort of political…

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Supreme Bias

Aside from the political controversy about replacing Scalia, the court reflects an intellectual bias rarely considered. We consider bias in terms of race, religion or sex, but there is an intellectual bias when we consider different people with the same…

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Judicial Supervision of Democracy

from George Will at National Review, A Jurist of Colossal Consequence: Democracy’s drama derives from the tension between the natural rights of individuals and the constructed right of the majority to have its way. Natural rights are affirmed by the…

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Nine Unelected Lawyers

from the WSJ Justice Scalia Writes: “The virtue of a democratic system with a First Amendment is that it readily enables the people, over time, to be persuaded that what they took for granted is not so, and to change…

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Meaningless Laws

from Daniel Greenfield at Sultan Knish, A Tour of  Our Decadent Civilization Excerpt: The decadent civilization has a million laws which it applies selectively. Its universal laws, inherited from a vigorous civilization, are so mired in legalisms as to be…

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Side Stepping The Constitution

From Rand Simberg at PJ Media, How Republics Die: But the Founders foresaw this sort of thing. That is why they put a provision into the founding document to deal with it. The proper way to address the issue, in terms…

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Repellant Legislation

From The Weekly Standard in 2010, The Process is the Substance by Matthew Continetti: Once the shock wore off, the Democrats decided that if they could not pass their reform following normal procedure, they would simply change the procedure. Hence the…

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Legislative Intent

from Petterico’s Pontifications, King v. Burwell: Intentionalism Trumps Textualism, and the Rule of Law Dies: excerpt: There is much disagreement about this on both sides. The conservatives point to Jonathan Gruber, a central ObamaCare drafter. The lefties note that Gruber…

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