U.S. Constitution

Criminalizing Kindness: Will the Real Hobbesians Please Stand Up?

I read a lot of bad news every day, but this really tears it. A 78 year-old man named Rosco O’Neil has been charged with operating an illegal taxi service, has had his car impounded and a $2000 fine imposed upon him for offering to give a woman a ride home from a grocery store. The woman, you see, was an undercover police officer, part of a sting operation to rid society of the menace of cheap transportation for people who need it the most. Aside from the fact that this was a case of blatant entrapment, since O’Neil hadn’t even mentioned money and told the woman upon her inquiry that she could give him whatever she liked, this is also a case of the inhumanity that statism breeds.

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The Crisis at Which We Are Arrived

President Obama seems to carry the world view that of an elite academic, that all the problems this nation faces can be solved with government intervention through high taxes and and legislation that enacts social engineering of a society of independence to that of dependence.

Or as the average layman would say, President Obama is a socialist, plain and simple.

I understand the subtleties of his liberal leanings and his good intentions, but the path to Hell is often made with good intentions.  With the failed Communist experiment in Russia in 1988 and the current economic collapse of Greece with Spain and Portugal on the horizon to experience the same, I don’t see how more spending with money we don’t have for welfare programs that we don’t need will solve our economic woes.

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Happy Independence Day! (A Roundup)

Happy Independence Day, folks! — Here is a roundup of some choice reads as we commemorate the birth of our nation:

Following are two books which I heartily recommend for some engaging historical reading of the American Revolution and our founding fathers. →']);" class="more-link">Continue reading

Elena Kagan Says It Is Fine If The Law Bans Books

SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books.

Her rationale?

Because the government won’t really enforce it.

I’m no legal scholar but this sounds like a 3rd grade argument.

Aren’t our nominees suppose to have better reasoning skills and a solid grasp of the U.S. Constitution?  As well as a fundamental understanding  of such concepts like Freedom of Speech?

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Supreme Court Holds That the Second Amendment Applies to the States

In the case of McDonald v. the City of Chicago, the Supreme Court of the United States ruled that the Second Amendment applies to the states.  Read the decision here.  The decision was 5-4 which is absolutely stunning since I think that there was no intellectually respectable argument to be made that the Second Amendment does not apply to the states.

The bill of rights applies to the States due to the Fourteenth Amendment.   In the opinions written by the majority justices, emphasis is given to the importance that the drafters of the Amendment placed upon the rights of freed slaves after the Civil War to keep and bear arms for their defense.  A good day for the Constitution at the Supreme Court.

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Sharia Law and the U.S. Constitution

[Update I:  I have streamlined the following post to be easily readable to the average layman, but informative enough for a lawyer or law professor to learn a bit more on the similarities and differences between Sharia and U.S. Law]

Is Sharia compatible with the U.S. Constitution?

The simple answer is of course “no”.

But lets take a look at some aspects of Sharia Law and where it may or may not conflict with the U.S. Constitution.  (For disclosure I am not a lawyer nor a legal expert in Sharia or U.S. Law.)

First, what is Sharia?

Wikipedia states Sharia refers to the sacred law of Islam.  All Muslims believe Sharia is God’s law, but they have differences between themselves as to exactly what it entails.  Which will be difficult to discern what to apply when, but we’ll labor along for the sake of discussion.

In Western countries, where Muslim immigration is more recent, Muslim minorities have introduced Sharia family law, for use in their own disputes. Attempts to impose Sharia have been accompanied by controversy, violence, and even warfare (Second Sudanese Civil War).

The recent incidents at the Arab International Festival have reinforced the poor image of Sharia inside the United States and its incompatibility with American culture and law.

The following is a truncated version with a couple of modifications (eliminating repetitious ibids and links) of multiple Wikipedia entries [with my comments]:

Legal and Court Proceedings:

Wikipedia states that Sharia judicial proceedings have significant differences with other legal traditions, including those in both common law and civil law.

1. Sharia courts do not generally employ lawyers; plaintiffs and defendants represent themselves.

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Sharia in Dearborn?

Apparently the police acting to unconstitutionally arrest individuals attempting to hand out proselytizing literature to Muslims in Dearborn is not unusual according to this release from the Thomas More Law Center:

In what some have described as police enforcement of Sharia law at the annual Dearborn Arab International Festival, last Friday night Dearborn Police Officers arrested four Christian missionaries and illegally confiscated their video cameras which were recording the events surrounding their arrests.  The Thomas More Law Center, a public interest law firm based in Ann Arbor, Michigan, today announced it is representing all of the Christian missionaries.

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Failure: Vox Nova Takes on Conservatism

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I wasn’t going to do this, but now I am. A contributor (Morning’s Minion) to a certain blog (Vox Nova),  whose views on gun control I previously challenged, took it upon himself to let it all out about “conservatism” – partially, I believe, in response to our exchange.  The same themes are there at least, though he does go on (and on) about slavish right-wing support for Israel, an issue on which I am not so enthusiastic. I’ve also made my opposition to America’s interventionist foreign policy known.  In doing so I respectfully digress from many of my co-bloggers at The American Catholic.

But there are a number of very broad points made by Morning Minions that are more or less directed at me, and my co-bloggers, and of course conservatives and libertarians in general, and I will answer them here.

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Tea Time with Pope Leo XIII

Pope Leo XIII

There are many political fault lines that run through American society, perhaps more today than any point in recent history. We can all probably name a few of the ideological, cultural, and religious lines, but there is one in particular that I wish to explore with you today: divisions over whether or not, and to what extent, it is legitimate to resist the government. By resist, or rebel, I mean a refusal to comply with laws, though in the future it may mean something else entirely.

When “left” and “right” are set aside,  what appears to separate the “mainstream” from “extremism” is the position they take on this vital question.

Naturally, in a country with revolutionary origins, whose founding document establishes the right of the people to overthrow governments that break their end of the social contract, talk of resistance or rebellion in general cannot be dismissed as insane, though some undoubtedly try to argue along those lines. There is also a broad political consensus in the mainstream that civil disobedience against overt racial injustice is legitimate; few Republicans these days have anything other than praise for the aging heroes of the Civil Rights movement of the 1960s.

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Supremes: Mojave Desert Cross Can Stay

In a tribute to common sense, the U.S. Supreme Court has ruled that a Cross raised in 1934 as a tribute to U.S. soldiers who died in World War I may stay at the Mojave National Preserve.  The depressing part of this news was that the vote was 5-4.  Stevens, who is retiring, voted with the four justices who viewed the Cross as a threat to our constitutional order.

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Of Christians, Catholics and Tea Parties (Part II)

In my last post, I wrote about tensions, existing or potential, between the libertarian and social conservative elements in the tea party movement. Whereas before I was speaking of Christians in a broad and general sense, I will now turn to what I think the Catholic response to the tea party ought to be.

As I looked into this topic, I was dismayed by the utter predictability of responses from across the Catholic spectrum. The rad-trad response was irrational as always; the leftist response as arrogant and contemptuous as ever; and the mainstream response was unimaginative. Granted this is a very small sampling, but I wouldn’t be surprised if it was accurately representative of these currents.

28% of the tea party movement, according to the one poll we have so far, is Catholic. This means Catholics are slightly over-represented in the movement. As I also reported last time, 68% of tea partiers attend religious services regularly; for Catholics, that ought to mean they go to Mass every Sunday. Now one thing I think I can say that isn’t very controversial is that when it comes to fidelity to the Church’s teaching on non-negotiable issues, such as abortion, marriage, and parental education rights, Catholics that regularly attend Mass are doing a heck of a lot better than Catholics who don’t. So these Catholics that are faithful to Church teaching on important issues are also supporting the tea party; that to me is an indicator that there is little in the tea party that fundamentally contradicts Church teaching.

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Of Christians, Catholics, and Tea Parties (Part I)

In my previous post, I argued at length against both traditionalist Catholic and left-Catholic critiques of American history, and Catholicism’s place within it. Now I believe it is time to shift from the historical to the contemporary. A recent article in Politico by Ben Smith, “Tea parties stir evangelicals’ fears” (which might have been better titled, “Ben Smith seeks to stir evangelicals’ fears”), makes what I consider to be a rather weak attempt to stir the pot and inflame tensions between libertarians and evangelical Christians. You know he’s reaching when he’s hunting down “Christian conservatives” whose primary concern with the tea party is that it is unduly harsh on the noble personal character of President Obama, who, according to one of these evangelical leaders, “provides a tremendously positive role model for tens of millions of African-American men.”

My eyes were rolling so hard I could practically hear them squishing around in their sockets.

The more substantive claim worth addressing is that there is a secular libertarian streak in the tea party movement that is partially or wholly incompatible with the conservative Christian social agenda, which one of the evangelical critics claims has “a politics that’s irreligious”. When Smith was schooled by an article covering a poll that broke down, and dispelled some of the more ridiculous myths about the tea party movement, he continued to maintain that the tensions he pointed out could become problems in the future. So they may.

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The Real Antidote to Big Government

In the third installment of my proposal for a libertarian-distributist alliance, I explore why libertarians ought to be open to distributist ideas. An excerpt:

Chief among the reasons to support a greater distribution of property is the simple truth that the maximum sphere of individual liberty is not to be found in an individualist utopia, but a strong localism that provides individuals in a moral and efficient way that which they would otherwise turn to a powerful state or crime syndicate to provide.

The Culture of Death: The Fruit of False Intellectual Ideals

In his encyclical Aeterni Patris, Pope Leo XIII sought to advance the restoration of Christian philosophy against the modern trends of secular philosophy, emerging from Enlightenment rationalism. The critique of modern intellectual errors and the way in which such false thinking manifests itself in the world has deeply shaded my personal reflection on the tragedy of legal abortion.

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An Exercise in Raw Judicial Power

As we observe the sad thirty-seventh anniversary of Roe v. Wade, the Supreme Court decision that overturned all state laws banning abortions and effectively served as a judicial death warrant for tens of millions of innocents, I think it is appropriate to pay tribute to the two dissenting Justices, Byron White, a Democrat, and William Rehnquist, a Republican.  Here are the texts of their dissents:

MR. JUSTICE WHITE, with whom MR. JUSTICE REHNQUIST joins, dissenting.

At the heart of the controversy in these cases are those recurring pregnancies that pose no danger whatsoever to the life or health of the mother but are, nevertheless, unwanted for any one or more of a variety of reasons — convenience, family planning, economics, dislike of children, the embarrassment of illegitimacy, etc. The common claim before us is that, for any one of such reasons, or for no reason at all, and without asserting or claiming any threat to life or health, any woman is entitled to an abortion at her request if she is able to find a medical adviser willing to undertake the procedure.

The Court, for the most part, sustains this position: during the period prior to the time the fetus becomes viable, the Constitution of the United States values the convenience, whim, or caprice of the putative mother more than the life or potential life of the fetus; the Constitution, therefore, guarantees the right to an abortion as against any state law or policy seeking to protect the fetus from an abortion not prompted by more compelling reasons of the mother.

With all due respect, I dissent. I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. The upshot is that the people and the legislatures of the 50 States are constitutionally dissentitled to weigh the relative importance of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on the mother, on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.

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Global Warming Freezing Temperatures Hit the Globe

As freezing temperatures continue to grip the nation and the world I thought this political cartoon apropos to the many climate change proponents that continue to peddle this pseudoscience.

Which is why I am promoting the possibility of an amendment to the U.S. Constitution for the Separation of Science and State.  The new law would make it possible to separate the radical environmentalists and their socialist allies from imposing their false faith in scientism upon Americans.

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