“Why wait until one can build popular majorities and win elections on your policy platform when unelected judges could give you the results now? Why should judges rely on broadly accepted principles of limited government when they could instead enforce polarizing but substantively rich principles of the public good? “
Read More“When the Supreme Court said for the umpteenth time that Congress cannot impose censorship on political critics, even if it calls that censorship “campaign finance reform,” Reid led an effort — supported by every single Democrat in the Senate — to repeal the First Amendment. Of course, he didn’t say that’s what he was doing, but a First Amendment that doesn’t protect political speech from government control is not a First Amendment.”
Read More“A simple and modest start would be to end the issuing of nationwide injunctions by federal district courts. District court judges are judicial masters of their districts, not temporary Supreme Court justices, issuing rulings binding on an entire, vast republic. It would be a small but important way to hand more power back to elected officials.”
Read More“This was the Madisonian insight,” he contends: “that you can make all sorts of promises on a piece of paper, and call it a ‘bill of rights,’ and it’s not worth the paper it’s written on unless you have some means to enforce it. Like any good contract, it’s only worth the enforcement mechanism it stands on.”
Read More“Regulation by agencies is relatively simple to promulgate—it merely takes the time and patience necessary to announce a rule, take comments, and show that the comments were in some way taken into consideration. Navigating bureaucratic procedure and red tape is easy compared with cobbling together a majority (or supermajority) of both houses of Congress and winning the president’s support. “
Read MoreJames Madison stated in Federalist #47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In 1933 two laws were struck down on the non-delegation principle, the effective delegation of legislative authority to unelected regulatory agencies. The recent court has prepared to revisit that principle.
Read MoreThis leads to a rethinking of the Administrative State in line with lessons learned and new thinking on how such organizations function. Regulators are OK for executing clear laws, but terrible at designing systems and regulations to advance unproven political theories.
Read MoreHaving lost most state governments, both houses of Congress and the White House, The Supreme Court was their last line of defense. They defended it with desperation and conviction, but without any sense of honor.
Read MoreA charge with no corroboration should never have made it to the floor. It should have been addressed and dismissed in committee. Feinstein’s delay and politically timed release was reprehensible, and she should be censured for it. Regardless of what happens with Kavanaugh there should be a full Senate investigation into the tactics deployed by the Democrats on the committee.
Read MoreThese institutions were under full frontal assault in the Kavanaugh hearing. In desperation to preserve their most cherished right they dropped all pretenses of loyalty to the institutions that protect all of our rights. They are willing to sacrifice due process and the presumption of innocence to even the smallest threat to Roe v Wade.
Read MoreThe Kavanaugh hearing weaponized the movement. Instead of handling the 36-year-old allegation in private in a timely manner it was manipulated to achieve maximum political advantage; blocking a critical appointment at all cost and providing an opportunity for massive fundraising. In the course of this strategy the most fundamental differences in the two parties took clear form, amplified by the passions of the #MeToo movement.
Read MoreIf there was ever a case to be made that politics has replaced religion as the preferred faith of the left it is the use of the word ‘believe’ in determining legal liability. They believe because they want to believe. They want to believe the opposition is so sinister and evil that no evidence is required.
Read MoreJudge selection was a key reason many skeptics supported Trump over HRC. While we may have cheered many decisions made by the court that would never have made it through Congress, we have made that the focus of our voting. The result may be that liberals will become less activist on the court and more deferential to the states’ power.
Read MoreAs we have seen with the elimination of the filibuster by Harry Reid, sacrificing the means to the end is a short sighted strategy and creates tools that will be used against you. No matter how noble the ends the means still matter.
Read MoreThe American Catholics did not look to the government to be the center of their religious mission. This made them less likely to look to the government to enforce their religious codes on others. This was not due to a superior loyalty to a foreign papist monarch, but to a local community cohesion. The Catholics felt stronger about the separation of church and state than the Protestant pietists. Their parochial schools relied less on public education and government support.
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