Jun
30
I can’t believe this woman is about to get a lifetime appointment to the Supreme Court
June 30, 2010 | 2 Comments
It’s disheartening to know that I will probably be a grandfather before this hack is off the bench. Notwithstanding its allegedly apolitical nature, ACOG shared this draft statement with the Clinton White House. Miss Kagan, then a deputy assistant to the president for domestic policy, already knew ACOG’s stance as a result of a July [...]
May
18
What to do about Kagan
May 18, 2010 | Comments Off
Ed Whelan and Eugene Volokh offer what I think is the right approach Republicans should take with regards to the Kagan nomination. First Volokh: What’s more, the Roberts and Alito nominations were in fact not blocked by the Democrats, because enough Democrats refused to go along with the filibuster. Indeed, then-Sen. Obama was willing to [...]
May
14
She’s a socialist!
May 14, 2010 | 1 Comment
I have little doubt that Elena Kagan is little more than a doctrinaire leftist, and it wouldn’t surprise me if she had some socialist sympathies. That said, I am not quite comfortable relying on a college thesis written 30 years ago for definitive proof that she is full-bore red. The snippets I’ve read are bad, [...]
May
10
Elections have consequences
May 10, 2010 | 4 Comments
A helpful reminder from Patrick Archbold, commenting on President Obama’s nomination of Elena Kagan to the Supreme Court. Then again, considering the fact that she is replacing John Paul Stevens, maybe it isn’t the most appropriate cliche.
Apr
16
National Day of Prayer Ruled Unconstitutional
April 16, 2010 | 4 Comments
This decision will likely be overturned, but it’s always fun to point out judicial lunacy. A federal judge on Thursday struck down the federal statute that established the National Day of Prayer, ruling that it violates the constitutional ban on government-backed religion. “[I]ts sole purpose is to encourage all citizens to engage in prayer, an [...]
Apr
9
Another retirement
April 9, 2010 | 1 Comment
And this one is big: Supreme Court Justice John Paul Stevens, the court’s oldest member and leader of its liberal bloc, says he is retiring. President Barack Obama now has his second high court opening to fill. Stevens says he will step down when the court finishes its work for the summer in late June [...]
Feb
1
This column deserves an award of some kind
February 1, 2010 | 3 Comments
Once upon a time E.J. Dionne was a fairly reasonable voice of the left-wing intelligentsia. He was touted as a reasonably moderate left-winger who offered generous criticisms of both parties. Over the years he has deteriorated into just another partisan hack. But his column today is one of the most breathtaking example of dishonesty and [...]
Jan
28
The development of the State of the Union
January 28, 2010 | Comments Off
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; That’s from the US Constitution – Article II, Section 3, and the “he” (damned sexist Framers!) refers to the President of the United States. [...]
Jan
28
Presidential State of Misinformation (Update)
January 28, 2010 | 6 Comments
In deciding to skip the State of the Obama address, I missed this whopper: The text: “Last week, the Supreme Court reversed a century of law to open the floodgates for special interests – including foreign companies – to spend without limit in our elections,” the president said, according to early excerpts of his speech [...]
Jan
21
A victory for the First Amendment
January 21, 2010 | 1 Comment
It is not judicial restraint to accept an unsound, narrow argument just so the Court canavoid another argument with broader implications. In-deed, a court would be remiss in performing its duties were it to accept an unsound principle merely to avoid the necessity of making a broader ruling. That comes from the (metaphorical) pen of [...]
Dec
23
The Framers’ Design is Still Alive
December 23, 2009 | 1 Comment
With the Senate poised to ram through a horrendous, arguably unconstitutional piece of legislation that will do irrevocable harm to our country if eventually signed into law, it might seem a bit odd to muse on the success of Framers’ constitutional design. But when you take a step back, you realize that the intent of [...]
Dec
17
Worst argument for judicial intervention ever (Updated)
December 17, 2009 | 1 Comment
I caught this post in the Corner. It’s written by two attorneys for the Institute for Justice (IJ’s), and they are defending IJ’s filing a lawsuit challenging the ban on compensation for bone-marrow donors. They take issue with Ramesh Ponnuru’s objection to the lawsuit, and I have to say that they don’t really do an [...]
Dec
16
Give that man a gold star
December 16, 2009 | Comments Off
Just when it looked like Sarah Palin was a lock for the “Make the CrankyCon pump his fist in the air” award, Ramesh Ponnuru writes this post on the Corner. It’s all very good, but this is the clincher: At the risk of being thought quixotic, let me suggest that we need to revive a [...]
Nov
24
Federalist 22 – Hamilton
November 24, 2009 | Comments Off
Alexander Hamilton continues to examine the deficiencies of the American confederacy in Federalist 22. He begins by noting the problems with regulating commerce under the current system. The want of a power to regulate commerce is by all parties allowed to be of the number. The utility of such a power has been anticipated under the [...]
Nov
18
Federalist 21 – Hamilton
November 18, 2009 | Comments Off
Having explored some of the theoretical and historical problems with confederacies in the general sense, Alexander Hamilton now moves the discussion towards the specific defects of the American confederacy. In Federalist 21, he begins to outline what he sees as the current system’s major flaws. His first topic is the lack of sanction behind the [...]
Nov
10
Federalists 18-20 – Madison (and Hamilton?)
November 10, 2009 | Comments Off
Before looking at Federalists 18, 19, and 20, I note that there’s some dispute about the authorship of these three. Madison is universally credited with being at least the co-author of all three essays, and many sources give sole credit to him. The Benjamin Wright edition that I use lists Madison singly as the author, [...]
Nov
5
Federalist 17 – Hamilton
November 5, 2009 | Comments Off
In Federalist 17, Hamilton discusses the balance of power between national and state governments. He begins by laying out the reasons why people should not fear the augmentation of national power. An objection, of a nature different from that which has been stated and answered, in my last address, may perhaps be likewise urged against [...]
Nov
4
Federalist 16 – Hamilton
November 4, 2009 | Comments Off
Alexander Hamilton continues his categorization of the deficiencies of the confederate system in Federalist number 16 . In this essay he explains why a confederate system cannot truly enforce its own laws, and in fact will descend into anarchy. This exceptionable principle may, as truly as emphatically, be styled the parent of anarchy: It has [...]
Oct
27
Federalist 15 – Hamilton
October 27, 2009 | Comments Off
Alexander Hamilton commences his discussion of the deficiencies of confederacy with Federalist 15. Publius has alluded to this throughout the first 14 papers, but now he undertakes a concerted effort to demonstrate the insufficiency of the confederate form of government. This particular essay is even more polemical than is usual for Hamilton. So convinced is [...]
Oct
22
Federalist 14 – Madison
October 22, 2009 | Comments Off
Madison’s second contribution to the Federalist Papers is a second significant addition to the world of political theory. In it, he expands upon a point made in the tenth paper, and that’s the distinction between a republic and a democracy. It’s a distinction that we in the modern era fail to fully appreciate. Madison’s main [...]