Tag: supreme court

4-4 Tie deconstructs Supreme Court oligarchy

| February 18, 2016 | 0 Comments
4-4 Tie deconstructs Supreme Court oligarchy

A black drape has been placed on the chair of Justice Antonin Scalia (1936-2016) To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. ~ Jefferson letter to Wm. Jarvis (1820) Jordan Weissmann, a fine […]

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SCOTUS: 6 despots in minister’s robes

| July 1, 2015 | 4 Comments
SCOTUS: 6 despots in minister’s robes

It is emphatically the province and duty of the Judicial Department to say what the law is. ~ Chief Justice John Marshall, Marbury v. Madison (1803) To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an […]

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Progressives’ 6th Amendment

| March 24, 2013 | 0 Comments
Progressives’ 6th Amendment

washington130323[1]In their notes on the Sixth Amendment, O’Connor and Sabato’s textbook, “American Government: Roots and Reform,” wrote that it was “the centerpiece of the constitutional guarantees afforded to individuals facing criminal prosecution … [and] sets out eight specific rights, more than any other provision of the Bill of Rights.” Here is the full text of the Sixth Amendment:

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Progressives’ 6th Amendment

| March 24, 2013 | 0 Comments
Progressives’ 6th Amendment

washington130323[1]In their notes on the Sixth Amendment, O’Connor and Sabato’s textbook, “American Government: Roots and Reform,” wrote that it was “the centerpiece of the constitutional guarantees afforded to individuals facing criminal prosecution … [and] sets out eight specific rights, more than any other provision of the Bill of Rights.” Here is the full text of the Sixth Amendment:

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THE CRUEL AND UNUSUAL 8TH AMENDMENT

| March 4, 2013 | 0 Comments
THE CRUEL AND UNUSUAL 8TH AMENDMENT

washington130302In characteristic, succinct style the Eighth Amendment has few words – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted – yet the Eighth Amendment has produced a vast volume of commentary and litigation since its ratification in 1791. This should not be surprising, as the three major provisions of the amendment address some of the most controversial and emotionally charged issues concerning the rights of criminal defendants, which were greatly expanded during the eras of the Warren Court (1953-69) and the Burger Court (1969-86).

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THE CRUEL AND UNUSUAL 8TH AMENDMENT

| March 4, 2013 | 0 Comments
THE CRUEL AND UNUSUAL 8TH AMENDMENT

washington130302In characteristic, succinct style the Eighth Amendment has few words – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted – yet the Eighth Amendment has produced a vast volume of commentary and litigation since its ratification in 1791. This should not be surprising, as the three major provisions of the amendment address some of the most controversial and emotionally charged issues concerning the rights of criminal defendants, which were greatly expanded during the eras of the Warren Court (1953-69) and the Burger Court (1969-86).

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Under Obamacare, we’re all abortionists now!

| November 30, 2012 | 3 Comments
Under Obamacare, we’re all abortionists now!

washington121201Regarding the approval of the Obamacare individual mandate by the Supreme Court June 28, in a Volokh Conspiracy blog entry by Nick Rosenkranz, “Constitutional Law after Obamacare,” there was an insightful comment by a reader named “Wolfwalker” who wrote: “[M]ost of the legal community is a bunch of fascists who have lost all respect for the Constitution much like the federal government itself. Mr. Rosenkranz, I can write your speech in two sentences: The decision upholding Obamacare is the worst decision issued by any Supreme Court since Dred Scott v. Sanford.

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HOW THE SUPREMES BETRAYED THE STATES

| May 20, 2012 | 0 Comments
HOW THE SUPREMES BETRAYED THE STATES

supreme-court`2Like the proverbial hydra of Greek mythology, the deadly multi-tentacles of what I’ve termed the “Progressive Revolution” have so reached, affected and deconstructed every aspect of truth, law, politics, economics, culture and society that today it is nearly impossible to deduce what our Founding Fathers actually envisioned the laws of the country to be. Over the past 100 years, Congress, the president and the courts have so expanded federal power as to make states rights a dead letter.

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OLIVER WENDELL HOLMES’ TRAITOROUS JURISPRUDENCE

| April 17, 2012 | 0 Comments
OLIVER WENDELL HOLMES’ TRAITOROUS JURISPRUDENCE

If you were to ask a typical liberal, progressive, or even a Marxist/socialist jurist who was the most important Supreme Court justice of the 20th century, invariably the name cited most often would be Justice Oliver Wendell Holmes. Holmes served on the Supreme Court from 1902-32, and many of his majority (and dissenting) opinions are considered some of the most legendary and sublime utterances in the history of the high court.

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JOHN MARSHALL’S FASCIST JURISPRUDENCE

| April 1, 2012 | 0 Comments
JOHN MARSHALL’S FASCIST JURISPRUDENCE

As the Supreme Court ended a tumultuous week of oral arguments on Obamacare, all of the legal and political pundits are scurrying around like ants, reading and rereading every word of the justices, dissecting every syllable, every verbal inflection; trying in vain to read the tea leaves, to deduce how the court, or more pointedly how the court’s swing justice, Anthony Kennedy, will decide the fate of the Obamacare mandate tax/penalty.

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