U.S. Constitution

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. 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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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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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.

John Adams and the Church of Rome

John Adams, second President of these United States, was a man of very firm convictions.   Once he decided to support a cause, most notably American independence, nothing on this Earth could convince him to change his mind.  In regard to religion he was raised a Congregationalist.  Although described as a Unitarian, I find the evidence ambiguous in his writings and I suspect he remained at heart a fairly conventional Protestant.  As such he was unsympathetic to the Catholic faith by heredity, creed and conviction.  However, he did attend Mass on occasion, and his writings about these visits show attraction mixed with repulsion.

On October 9, 1774 Adams and George Washington attended a Catholic chapel in Philadelphia during the First Continental Congress.  He reported his thoughts about the visit to his wife and constant correspondent Abigail:

“This afternoon, led by Curiosity and good Company I strolled away to Mother Church, or rather Grandmother Church, I mean the Romish Chapel. Heard a good, short, moral Essay upon the Duty of Parents to their Children, founded in justice and Charity, to take care of their Interests temporal and spiritual.

This afternoon’s entertainment was to me most awful (Adams here means awe-inspiring and not the more colloquial use of the term common in our time.) and affecting. The poor wretches fingering their beads, chanting Latin, not a word of which they understood, their Pater Nosters and Ave Marias. Their holy water– their crossing themselves perpetually– their bowing to the name of Jesus wherever they hear it– their bowings, and kneelings, and genuflections before the altar. The dress of the priest was rich with lace– his pulpit was velvet and gold. The altar piece was very rich– little images and crucifixes about– wax candles lighted up. But how shall I describe the picture of our Saviour in a frame of marble over the altar, at full length, upon the cross in the agonies, and the blood dropping and streaming from his wounds.

The music consisting of an organ, and a Choir of singers, went all the afternoon, excepting sermon Time, and the Assembly chanted– most sweetly and exquisitely.

Here is everything which can lay hold of the eye, ear, and imagination. Everything which can charm and bewitch the simple and the ignorant. I wonder how Luther ever broke the spell.”

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The Obama Administration and Freedom of Speech

George Washington-Freedom of Speech

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The Founding Fathers left no doubt which freedoms they held most important.  They inserted them into the First Amendment to the Constitution.  Freedom of speech and of the press come right after freedom of religion.  These freedoms, and all the others set forth in the Constitution, are the birthright of all Americans and a precious example to the rest of the world.  That is why I am bemused by the manner in which the Obama administration appears to be indifferent to attempts to undermine freedom of speech and of the press at the UN.

Hattip to Instapundit.  In an article here at the The Weekly Standard, Anne Bayefsky, writes about the Obama administration signing on to a freedom of expression resolution.

“The new resolution, championed by the Obama administration, has a number of disturbing elements. It emphasizes that “the exercise of the right to freedom of expression carries with it special duties and responsibilities . . .” which include taking action against anything meeting the description of “negative racial and religious stereotyping.” It also purports to “recognize . . . the moral and social responsibilities of the media” and supports “the media’s elaboration of voluntary codes of professional ethical conduct” in relation to “combating racism, racial discrimination, xenophobia and related intolerance.”

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Calling all Federalists!

The Federalists

The Cranky Conservative, Paul Zummo, is beginning a series on his blog on the Federalist Papers.  His comments on Federalist 1 are here. The Founding Fathers created a system of government which has endured for over two centuries.  That is a formidable achievement.  The Federalist Papers, written in the heat of the ratification battles over the Constitution, are the primary text for understanding what motivated those who sought “a more perfect union”, how they expected the new government to function and their arguments in response to the anti-Federalists who opposed the Constitution.  It is easy to draw up schemes of government;  it is very difficult to make them function in reality.  In the Federalist Papers we see at the beginning the drive to create one nation out of the disparate states.  Paul has embarked upon an intellectual adventure in giving an exposition to these theoretical building blocks of our Republic and I urge you to join him for each installment.

Victory in Connecticut

christ-victor

Lawlor and McDonald, the two anti-Catholic bigots behind a bill to tell the Catholic Church how to operate in Connecticut, have tucked their tails between their legs, cancelled the hearing on their bill, and their hate note to the Catholic Church, disguised as a bill, is dead for this legislative session.  Massive publicitity worked the trick, and endless outraged calls, e-mails and faxes to the legislators.  Kudos to State Senator John McKinney (Republican, Fairfield) who called 24 hours ago for the hearing on this bill to be cancelled and announced that every Republican in the state senate was against this bill, and that the bill was blatantly unconstitutional.  I am sure the bigots will be back, but so will those of us who oppose them.  A good day in Connecticut.

Update: Hmmm.  The bigots were apparently in alliance with members of Voice of the Faithless.  Surprise!

They Came For The Catholics

thomas-nast-anti-catholic-bigot

Anti-Catholic bigots are busily at work in the Connecticut state legislature.   Raised Bill 1098 would effectively place any corporation connected with the Roman Catholic Church in Connecticut under lay control.  The sponsors of the bill, Representative Mike Lawlor, ironically a law professor, and State Senator Andrew J. McDonald, a lawyer, generously allow the local bishop or archbishop to serve on such a board of directors but without a vote.

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Catholics, The 2nd Amendment, & Subsidiarity

Ryan Harkins took an initial look at how Catholics should look at the question of whether there is a natural right to own guns in a post last week. The basic thrust of Ryan’s argument, and I ask him to correct me if I misstate this, was to examine the question of whether the benefits of private gun ownership outweighed the potential social evils. This is, in a sense, an obvious way to look at the question. If one is trying to determine the rightness of allowing people to own something potentially destructive, it would seem natural to take a “do the benefits outweigh the dangers?” approach.

I’d like to take a slightly different approach, looking at both the actual text of the second amendment and Catholic Social Teaching. The second amendment reads:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The libertarian approach to this is to assert that an armed citizenry is required in order to provide a counter-weight to the power of the government. However, I’m not convinced that the thinking behind the second amendment was a merely a balancing of powers in this sense. Rather, it seems to me that to a great extent the US Constitution is written with the point of view that people possess certain natural rights and duties, and that from these spring rights and duties of the government. My understanding is that one of the major controversies in regards to the second amendment (one spoken to fairly definitely in last June’s District of Columbia v. Heller decision) has been whether it secures a right of state militias to have weapons, or a right of individuals to have weapons. While in effect my opinion on the matter lies closer to the individual right side, it seems to me that there is an important distinction which has been increasingly lost in our modern mass society:

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A President Obama Will Silence Catholics

Senator Obama has stated that he wants the Internet to be regulated. CNET had this exchange of a MoveOn.org member asking Senator Obama this very question:

He asked Obama: “Would you make it a priority in your first year of office to reinstate Net neutrality as the law of the land? And would you pledge to only appoint FCC commissioners that support open Internet principles like Net neutrality?”

The answer is yes,” Obama replied. “I am a strong supporter of Net neutrality.”

This “Net Neutrality” law would be something along the lines of the Fairness Doctrine. Conservapedia states that the Fairness Doctrine required broadcasters who aired material on controversial issues to provide “equal time” for the expression of opposing views.  The end result was censorship, broadcasters simply refrained from airing public affairs programing.

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