States’ rights suffered another blow last October, when President Clinton signed into law a $58-billion transportation bill. Tucked away amidst the election-year pork-barrel spending was a provision which, in effect, sets a nationwide drunk-driving standard. Under section 351 of the new law, state receipt of federal highway funds is made contingent upon adoption of a...
1543 search results for: Supreme Court
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A Living Library of the Law Revived
“It is best that laws should be so constructed as to leave as little as possible to the decision of those who judge.” —Aristotle Here Lies Edward Coke, Knight of Gold, of Imperishable Fame, Spirit, Interpreter, and Inerrant Oracle of the Law, Discloser of its Secrets—Concealer of its Mysteries, Thanks Almost Alone to Whose Good...
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The Court and Marriage
Well. I really can’t believe I am saying this. The U.S. Supreme Court is poised to tell us what marriage means. Not speculate; not explain. Tell: as in, “Wipe that smile off your face and listen to what I’m telling you.” We are at a remarkable moment in human affairs: one we would hardly have...
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The (New) Ugly American
The regime we live under—the regime of the United States Constitution—began with a set of clear understandings. One was that the federal government was to be the servant of the people. It was to be confined to the specific powers the people “delegated” to it, pursuant to the general welfare and common defense of the...
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The Real Meaning of Kim Davis
Kim Davis, the Kentucky clerk who was jailed for refusing to give out marriage licenses to gay couples, is out of the clink at last. But in political and cultural regards, her nation and ours is not in the clear. Moral consensus has broken down, resulting in the empowerment of the strongest, the best connected,...
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The Most Desirable Option: Reeducating for Secession
In this age when the foundational idea of American federalism has become all but defunct and the concept of states’ rights still has the whiff of Jim Crow about it, it is difficult to see how either individual states or regions can have any significant influence on the federal government—even if they had legislatures interested,...
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Missing the Mark
The Supreme Court missed the mark last year in unanimously shooting down a St. Paul, Minnesota, statute imposing criminal liability on those engaged in “hate speech.” The problem with the Court’s decision in R.A.V. v. St. Paul is that it dwelled on legal niceties rather than recognizing the time-tested, historically proven method for dealing with...
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The Legacy of 1789
One man, one vote. It seems such an obvious, such a simple principle. What can possibly hinder its implementation in South Africa, where blacks are barred from the exercise of citizenship rights, or Israel, where West Bank Palestinian children take to the streets demanding self-government and civil rights, or New York City, where the Board...
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Leftists Bury Another Norm: Protesters Target Homes of SCOTUS Justices
Threatening protests outside the homes of conservative Supreme Court justices are the latest example of the left deciding to attack rather than persuade those who disagree.
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The New Deal Paved the Way for Today’s Jan. 6 Prosecutions
David Beito’s account of American concentration camps, wartime censorship, mass surveillance, and misuse of executive agencies for partisan political purposes further impugns the claim that FDR was a man of virtue.
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Jackson and the American Indians
Everyone knows that Andrew Jackson wanted American Indians annihilated, defied the Supreme Court in a famous challenge to Chief Justice John Marshall, and forcibly removed the Five Civilized Tribes of the Southeast to lands west of the Mississippi River. What everyone knows is not true. Once a venerated American hero, Andrew Jackson has been attacked...
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No Other Epitaph
Written documents should be interpreted with an eye toward discerning the intent of the author. When the Constitution of the United States is the text under consideration, the relevant intentions are those of the men who drafted and ratified the document. This proposition reflects a long-established canon of construction: common-law judges as far back as...
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Off the Hook
Officer Laurence Powell is off the hook, at least for now. Dealing a severe blow to the civil rights establishment and federal police power, the Supreme Court has overruled the Ninth Circuit Court’s motion to stiffen the sentence handed down in the federal trial of Powell and Stacey Koon, who were found guilty of violating...
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Storming the Castle Doctrine
Americans have been captivated by the February incident in Sanford, Florida, that resulted in the death of Trayvon Martin and the eventual arrest and charging of George Zimmerman. If the case could be resolved today, Trayvon Martin’s family would still be without a son, George Zimmerman—even if exonerated—will never live a normal life, Sanford Police...
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The Long March Through the Constitution
In the opinion of Marshall DeRosa, one of the contributors to this book, The transition from states’ rights to unitary nationalism, i.e., domestic imperialism, was the most significant development in American politics. This marks one of the worst fears of the framers coming to fruition, tyranny. That is a self-evidently correct judgment. It is also...
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Gay “Marriage” Fantasy
You really can’t have “gay marriage,” you know, irrespective of what a court or a legislature may say. You can have something some people call gay marriage because to them the idea sounds worthy and necessary, but to say a thing is other than it is, is to stand reality on its head, hoping to...
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Legislative Tyranny in Massachusetts
“A dog’s obeyed in office,” and the power of the welfare state to grab your money, property, health, and—through “no-fault” divorce—your children, too, is already bad enough. Now it is getting worse, via the usurpation of punitive court prerogatives by bureaucrats whose sole purpose is “revenue enhancement” and the growth of the state. The case...
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A “Containment Policy” for the New Cold War
Americans regularly accept expropriations—legal, moral, and economic—from the central government that would have driven our 18th- and 19th-century ancestors to arms. The Constitution reserves to the states and local communities all powers necessary to provide legal protection for valuable ways of life. These rights have been usurped by the central government, especially by the Supreme...
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Abolishing America
June was a depressing month for genuine conservatives. Apart from the Supremes putting their stamp of approval on ObamaCare, the horrifying murders of nine black churchgoers in Charleston, South Carolina, unleashed a jihad against the Confederate Battle Flag (Beltway “conservatives” piled on in support of the jihadists), while a majority of the robed Politburo found...
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Toilet Equality
Right before our eyes, we’ve witnessed a profound change in the way that American society treats the institution of marriage. Forget about the law—state or federal. This is a cultural shift, and we need to be aware of the way that the shift occurred. We can forget about the law, because one way or another,...
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The $15 Trillion End Run An “Oligarchy of Interests”
“Another Crisis like this one and the West will be wiped out,” said German Chancellor Angela Merkel on June 1. “Once we have overcome this Crisis, the question will be how can we return to a path of virtue as far as public debts are concerned.” Of course, the first question is whether the West...
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The New Math: 66 < 60
How much would you pay for a library card? In Rockford, if you are not a resident, you have to pay $140 per year for the privilege of using the Rockford Public Library system. With six branches scattered throughout the city and ...
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The Constitution, R.I.P.
On July 22 of this year, the Washington Times published, as the weekly installment of its “Civil War” section, a long article by a gentleman named Mackubin Thomas Owens, described as “professor of strategy and force planning” at the Naval War College in Newport, Rhode Island, under the headline, “Secession’s apologists gut Constitution, history.” The...
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The Empire Strikes Back
Prosecutors pick the person or target and then go searching for the crime. Trump supporters are the latest most glaring example of this inversion of justice, which if often called "lawfare."
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The Huge Stakes of Thursday’s Confrontations
Thursday is shaping up to be the Trump presidency’s “Gunfight at O.K. Corral.” That day, the fates of Supreme Court nominee Brett Kavanaugh and Deputy Attorney General Rod Rosenstein, and much else, may be decided. The New York Times report that Rosenstein, sarcastically or seriously in May 2017, talked of wearing a wire into the...
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Trusting Whitey
On June 30, 2002, the Rockford school-desegregation lawsuit came to an end. After 13 years of busing; the closing of numerous neighborhood schools, one of which is now a mosque and Islamic school; the construction of several massive (and massively overpriced) magnet schools, ...
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After SCOTUS: Welcoming Apocalypse
Here are my initial thoughts on today’s SCOTUS opinion in Obergefell v. Hodges and three other cases, which effectively makes “same-sex marriage” the law of the land. Nothing substantial has changed. The Supreme Court did not suddenly create more homosexuals or instill a new desire in the hearts of sodomites to flout nature. That was...
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Power, Legitimacy, and the 14th Amendment
The justification for the vast, intrusive, and coercive powers employed by the government of the United States against its citizens—from affirmative action to hate-crimes legislation, from multilingualism to multiculturalism, from Waco to Ruby Ridge—is the 14th Amendment to the U.S. Constitution adopted in 1868, or, more specifically, the authority conferred upon Washington, explicitly or implicitly,...
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Going It Alone
As the high lunacy of the 1990 budget negotiations showed, America’s federal arrangement has been replaced by a confederation of special interests that have less in common than the former colonies—or even, perhaps, than the states that comprise the United Nations. America resembles more a League of Interests than it does a nation. The solution...
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Liberal Elites Against Democracy
One of the great ironies of our present age is that democracy's would-be eponymous outfit, the Democratic Party, has become an enemy of democracy itself.
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Down With the Presidency
The presidency must be destroyed. It is the primary evil we face, and the cause of nearly all our woes. It squanders the national wealth and starts unjust wars against foreign peoples that have never done us am harm. It wrecks our families, tramples on our rights, invades our communities, and spies on our bank...
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Bias Crimes
Bias crimes will no longer be tolerated in New York City, say the proponents of the city’s new “bias crimes” statute. Its sponsors call it one of the toughest such laws in the nation, and it will for the first time allow judges to award unlimited punitive damages to victims of bias attacks, as well...
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A Besieged Trump Presidency Ahead
After a week managing the transition, vice president-elect Mike Pence took his family out to the Broadway musical “Hamilton.” As Pence entered the theater, a wave of boos swept over the audience. And at the play’s end, the Aaron Burr character, speaking for the cast and the producers, read a statement directed at Pence: “(W)e...
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Quick Thoughts on the Supreme Court
Putting together the Court’s two most notable recent decisions, the Arizona immigration decision and the Obamacare decision, leads to this unsettling conclusion: there is virtually nothing the states can do on their own, and there is virtually nothing the federal government cannot do. If that is what the Founders intended, I’m a unicorn. We also now have...
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The Politics of Life—and Politics
“If a woman of her own accord drops that which is in her, they shall crucify her and not bury her.” —The Assyrian Code, c. 2000 B.C. Ancient history is worth keeping in mind when confronting the claims of the pro- and anti-abortion and euthanasia camps, since both tend to couch their arguments in terms...
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Lilliput vs. Leviathan
There are lots of freckles, red hair, and Celtic names in Catron County, New Mexico. Though almost everyone in the county has some Indian or Mexican blood, this is home to the families and culture which David Hackett Fischer describes in Albion’s Seed as Scotch-Irish, double distilled, first by the Highland clearances and then by...
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Limited Hangout
Donald Rumsfeld has produced, four years after his departure from government, a memoir of no stylistic distinction. It contains few if any interesting revelations, save, perhaps, those relating to President Nixon’s choice of vice presidents. For what it does contain, it is at least twice as long as it should be. There is a great...
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Drain the Racket
When Title VII of the Civil Rights Act of 1964 was first passed, “help wanted: men” and “help wanted: women” ads were common in newspapers. Private employers could hire and fire for discriminatory reasons. Title VII made discriminatory ads and the hiring practices they represent illegal. In their new book, Unequal, two law professors, Sandra...
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The Forced Funding of Student Radicalism
I happen to be a conservative, a Christian, and white. I am also in the military, and I disapprove of homosexuality. At the University of Wisconsin, there is little tolerance for this combination of characteristics. As a student there, I served as the symbol of all that’s wrong with the world. My checkbook showed just...
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USA becomes military dictatorship
With little fanfare, in the past week the United States officially became a military dictatorship. The U.S. Supreme Court declined to hear the appeal of a suit brought against the 2012 National Defense Authorization Act that allowed indefinite detention of U.S. citizens. That means the military now can, at any time, “disappear” you, even if...
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John Roberts Makes His Career Move
For John Roberts, it is Palm Sunday. Out of relief and gratitude for his having saved Obamacare, he is being compared to John Marshall and Oliver Wendell Holmes. Liberal commentators are burbling that his act of statesmanship has shown us the way to the sunny uplands of a new consensus. If only Republicans will...
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Uncle Sam’s Child
The recent election season opened with hopes high for an intelligent debate of family issues. The 1991 Final Report of the National Commission on Children (on which I served) seemed to have broken the moral and political logjams that had long prevented this dialogue. The commissioners had decided, after extensive argument, to avoid the mistake...
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The Present Climate
When Lorena Bobbitt startled her hubby one evening with a knife through his privates—vigorously severing an intimate part of their relationship—a lot of women apparently admired the, uh, statement Lorena made that night. I own the conversation radio station for Lancaster & York counties in Pennsylvania, and the other morning Lorena Bobbitt talk poured from...
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The Trump Indictment May Saddle the GOP With a Loser
Trump's rise in the 2024 election polls after his indictment plays into Democrat hands, potentially saddling Republicans with a candidate who cannot win in 2024 because he cannot acknowledge his past mistakes.
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Federalism vs. Secession
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.” —The Tenth Amendment Following the passage of the national gun ban wrapped in pork, Representatives Gingrich and Gephardt congratulated each other for their bipartisan cooperation and remarked...
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Judicial Taxation Without Representation
There is an unattributed quotation that says, “The average taxpayer is the first of America’s natural resources to be exhausted.” The American people have turned away from a big, activist federal government because they feel they have been forgotten; in fact, taxpayer resources have long been exhausted. Today, average Americans, forgotten by the bloated bureaucratic...
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A Legal Execution
A legal execution occurred last summer in South Carolina, the first in about two years. Donald (“Pee Wee”) Gaskins, a rural Bluebeard credited with 16 murders, was embraced by the electric chair amidst general public relief and the usual candlelight vigils by opponents of capital punishment. The public satisfaction, however, if it rests on a...
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The Reconquista of California
On February 6, 1998, the Mexican consul general in California, Jose Angel Pescador Osuna, spoke at the Southwestern School of Law in Los Angeles as part of a symposium on the 1848 Treaty of Guadalupe Hidalgo, which gave the Southwest to the United States. Osuna proclaimed, “And even though I am saying this part serious,...
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Affirmative Action’s Destructive Force: An Interview With Amy Wax
Amy Wax talks about issues of race, merit, intelligence, and virtue as well as the discriminatory effects of Affirmative Action.
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American Nationalism and Western Civilization
Any exploration of American nationalism must begin with the National Question: “Is there such a thing as the American people? And if so, what is it?” Most people do not ask such questions. A Frenchman does not wonder if he is French, nor the Pole if he is Polish, nor—notoriously—the Serb if he is Serbian....