Category Archives

Archive of posts published in the category: Law

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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Uninhibited Power

from The Washington Post, On Obamacare, John Roberts helps overthrow the Constitution by George Will excerpt: Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying…

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Judicial Nihilsim

From Rand Simberg at PJ Media, How Republics Die: As I noted on Twitter yesterday, it is entirely possible to like the outcome of a court ruling (or legislation) while being appalled at the process by which it was achieved.…

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Economic Justice

from the Wall Street Journal, a remembrance of Henry Manne-   A Champion of Law Informed by Economics: From “Bring Back the Hostile Takeover,” June 26, 2002: Since Enron, there has been an outbreak of regulatory fever in Washington: A tide of…

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A Chance for a Coalition

  Conrad Black writes Eric Garner’s America in The National Review. Excerpts: African Americans must not imagine that, even though they may be the principal and most frequent victims of the police and prosecution and court and prison systems of…

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Equality Before the Law vs Material Equality

“What makes an outlook “conservative’ is that it is rooted in an attitude about the past rather than in expectations of the future. The first principles of conservatism are propositions about human nature and the way human beings behave in…

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Angela Corey vs Alan Dershowitiz

From Angela Corey’s Checkered Past by Ian Tuttle in National Review: In June 2012, Alan Dershowitz, a well-known defense attorney who has been a professor at Harvard Law School for nearly half a century, criticized Corey for her affidavit in…

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Logic vs Partisanship

As much as we could wish otherwise the courts do often seem to vote in a political manner.  The president’s power to appoint justices for life has impact far beyond his term in office. The SCOTUS review of Obama Care…

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Of Wheat and Health Care

Investor’s Business Daily Thomas Sowell writes Obscure Court Decision Gives Government Sweeping Power, 3/26/12. Excerpt: Roscoe Filburn was an Ohio farmer who grew some wheat to feed his family and some farm animals. But the U.S. Department of Agriculture fined him…

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Hate Crime Failure

The thinking behind making hate crimes a distinct but additional offense is that the violence perpetrated extends to more than just the direct victim.  Criminals who commit act of violence because of a victim’s race, religion or sex attempt to…

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Tort Respect

I just saw HBO’s “Hot Coffee”.  It is a 90 minute in depth analysis of individual cases on how we have compromised the effectiveness of our legal system. The lead story was about the elderly woman who was severely burned…

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Misconceived Philanthropy

It is not considered enough that law should be just, it must be philanthropic.  It is not sufficient that it should guarantee to every citizen the free and inoffensive exercise of his faculties, applied to his physical, intellectual, and moral…

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An Instrument of Plunder

It would be impossible to introduce into society a greater evil than… the conversion of the law into an instrument of plunder. No society can exist unless the laws are respected to a certain degree, but the safest way to…

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Too Many Great Men

I cannot avoid coming to this conclusion- that there are too many great men in the world; there are too many legislators, organizers, institutors of society, conductors of the people, fathers of nations, etc., etc.  Too many persons place themselves…

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Equality vs The Rule of Law

.. any policy aiming directly at a substantive ideal of distributive justice must lead to the destruction of the Rule of Law. To produce the same result for different people, it is necessary to treat them differently. To give different…

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Results of Tort Reform

I have had a stronger objection to tort reform than most ‘conservative’ minded. I generally object to legislative interference in the judicial process. I do not like lawmakers adjudicating cases they have not heard, not do I like judges creating…

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Living, Breathing Oppression

Judicial activism was often intellectually softened by proponents who repeated Al Gore’s quest for a “living, breathing” constitution. For those who wished for the courts to pass laws that Congress should but wouldn’t, the concept of a “living, breathing” constitution…

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