Category — Judicial

This is an extensively researched biography of a man who is too little remembered today. It’s become a cliché to say that a book reads like a novel, but that doesn’t make it any less true. Unger is a superb writer whose books have often been reviewed on this blog. Each one seems better than the last. We look forward to the next one.   Read the rest of this entry »

Who would have ever thought Justices Antonin Scalia, Ruth Bader Ginsberg, Elena Kagan, and Sonia Sotomayor would share an opinion on the court. Yet this group formed the dissenting opinion in the controversial DNA testing case recently ruled on by the Supreme Court. But, then again, whoever thought that WWTFT would sing the praises of an articlewritten in the New Republic .. strange times indeed.   Read the rest of this entry »

As adequately demonstrated throughout history, impinging on individual freedoms for the common good eventually requires the use of force. But it’s not necessary to look to history. In Germany homeschooling is verboten and violating that dictat can result in forcible removal of children and jailing of parents.   Read the rest of this entry »

In a story that broke on Tuesday, the legal standard known as "arbitrary and capricious" was used to describe the nanny impulses of New York's Mayor in his recent campaign to protect New Yorker's from their own inclinations, by banning large sodas.   Read the rest of this entry »

Chalk one up for the rule of law. A unanimous panel of the D.C. Circuit Court of Appeals ruled the president’s non-recess appointments unconstitutional and therefore illegal and an abuse of executive power.   Read the rest of this entry »

The Winter 2011/2012 issue of the Claremont Review of Books was packed full of interesting reviews and essays (as they all are.) One of these provided the inspiration for this article, which examines the efficacy of international tribunals in changing the hearts and minds of those under their jurisdiction.   Read the rest of this entry »

A similar line with a different pronoun was made famous by Ronald Reagan during the 1980 presidential campaign. It was in response to Carter’s repetition of claims regarding Reagan’s position on Medicare. It gained currency because it was so representative of both Reagan’s sense of humor and his ability to turn the tables on political opponents.   Read the rest of this entry »

We have veered from the Framers design. If there are any restriction on federal powers, it will have to be somewhat restored with a Supreme Court decision on ObamaCare, but even if the court rules against the heath care mandate, prior decisions will remain in place that pretty much gave the government carte blanche to do whatever it wants. Constitutional checks and balances are also in tatters. It seems frighteningly possible for a group of determined activists to gain and maintain control of an unfettered national government.   Read the rest of this entry »

In the first of our Constitution Day (week) posts, Jim looks at the speed bumps specified by the nation's charter document to restrain government.   Read the rest of this entry »

Constitutional Illusions and Anchoring Truths is as advertized, as thought-provoking as it is a beguiling. Readers, however, are forewarned that while they will be greatly rewarded by what they learn, they also may be dismayed to find that those whose task it is to find the way to justice are sometimes in need of a moral compass.   Read the rest of this entry »