Tag Archives

Archive of posts published in the tag: SCOTUS

The Madisonian Insight

“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.”

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The Source of Judicial Controversies

“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. “

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Non-Delegation and the Administrative State

James 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.

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Facing the Limits of the Administrative State

This 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.

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The Progressives’ Last Line of Defense

Having 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.

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Demonic

“Democratic leaders should stand up to the screamers. They haven’t, because they’re afraid of them. But things like this spread and deepen.”

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Kavanaugh vs The Resistance

A 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.

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Identity Politics Goes Nuclear

These 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.

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Sex, Lies and Politics

The 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.

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Belief is Not Justice

If 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.

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The Result of Sidelining Congress

Judge 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.

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The Means Matter

As 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.

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Should the Religion of a Supreme Court Justice Matter? 

The 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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Is the Role of the Supreme Court Changing for the Good?

When the ends justify the means, oppressive power is rationalized and accepted. It is shortsighted and foolish not to imagine that power in the hands of your opposition.

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A Dish Best Served Cold

Megan McArdle at Bloomberg View writes Liberals Will Not Like How This Revenge Plot Ends But there’s a reason that they say revenge is a dish best served cold. People who seek vengeance without stopping to count the potential costs to…

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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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