Tag: Constitution

More Rats! And Racism?

 

RatsThe left has settled on the election strategy of screaming “racist, racist, racist” at President Trump and any who dare show any support for him. It need not be true if it works, as Senator Harry Reid shamelessly admitted after smearing Mitt Romney into defeat. Yelling “that’s racist!” is also a defensive move by Democrats, fearful of President Trump showing they no longer have a monopoly on peoples’ votes based on skin color. President Trump can win bigly in the 2020 election, and put his tormentors on the back foot now, if he simply goes on offense, keeping his promises made in on Trump’s New Deal for Black America. In so doing, he can make a substantial positive difference in the lives of forgotten and exploited Americans, cleaning up the rats, and the dirty rotten rats in local and state governments.

Rats and Dirty Rotten Rats

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QOTD: Calvin Coolidge and the Declaration of Independence

 

Calvin Coolidge, born on July 4, 1872, was known as “Silent Cal,” but wasn’t afraid to speak out about his Conservative values. He clearly rejected the revisionist approach to the Declaration of Independence and demonstrated his beliefs in an exemplary way. In fact, he believed that changing the meaning of the Declaration was not progress, but a step backward in our understanding of the Founders, and the values that we hold.

How unfortunate that the Progressives of today don’t realize they are trying to take us back to more primitive, tribal times when people insisted they were superior to others, based on their intellect, education and the color of their skin. They clearly do not believe that we are created equal (since Conservatives are a different species), that the wishes of the governed should direct the work of the government (since the government knows best), and the more government, the better (which ensures the massive growth of the administrative state). After all, the government and its elites are quite prepared to tell us how to do everything: how to live our lives, what to invest in, and what to believe.

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Patrick Deneen’s Delusions

 

In the Wall Street Journal’s most recent “Weekend Interview” feature, columnist William McGurn spoke to Professor Patrick Deneen, a political theorist at Notre Dame, about his influential 2018 book Why Liberalism Has Failed. McGurn, himself a Notre Dame graduate, takes Deneen to task for selling the Founders “short” by supposedly exposing their weak moral and social foundations in his book. “Liberalism has failed,” Deneen provocatively claims, “not because it fell short, but because it was true to itself. It has failed because it has succeeded.”

In Deneen’s view basic liberalism necessarily goes astray because it treats the atomistic individual, shorn from his or her social and religious context, solely as a rights-bearing entity. Deneen thus attacks the Framers worldview with its strong protections of individual rights, free and fair elections, and an independent judiciary. Writing even before Trump was elected, Deneen argues that it is “evident to all that the political system is broken and social fabric is fraying, particularly as a growing gap between wealthy haves and left-behind have-nots increases, a hostile divide widens between faithful and secular peoples, and deep disagreement persists over America’s role in the world.”

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Member Post

 

Myron Magnet joins Brian Anderson to discuss his new book, Clarence Thomas and the Lost Constitution. Magnet contends that Justice Thomas’s originalist jurisprudence offers a path forward for recovering our nation’s “lost Constitution” and restoring America as a free, self-governing nation made up of self-reliant citizens. More

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Quote of the Day: The First Cabinet

 

https://s3.amazonaws.com/mtv-main-assets/files/pages/mv_byreneecomet.jpgThe President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

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You get the political genie arising from the very bottle of ink with which the Constitution was scribed. You get three wishes consistent with the Declaration of Independence, the Constitution and the Bill of Rights, and you get them forever if you want, what would they be? What are the two or three things that […]

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Quote of the Day: State of the Union

 

File:Federal Hall 2011 New York City.jpg“He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;” — U.S. Constitution, Article II, Section 3

President George Washington delivered the first State of the Union address to Congress on 8 January 1790. Congress was then meeting in Federal Hall, in New York City. Our first president addressed themes that we will hear President Donald Trump address, on 5 February 2019, the new date Speaker Pelosi invites him to take the floor of the House:

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Jim Geraghty of National Review and Greg Corombos of Radio America get a kick out of CNN commentator Areva Martin telling radio host David Webb his success is a result of white privilege – until Webb tells her he is black. They’re also aghast as 59 percent of registered voters support a 70 percent marginal […]

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I read this headline, Justice Department asks Supreme Court to allow… and something just seems wrong to me: Regardless of the issue. More

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Jim Geraghty of National Review and Greg Corombos of Radio America are glad to see some liberals embracing the conclusion that the executive branch – and the presidency in particular – has accumulated far more power than our founders intended. They just wonder whether lefties will still have these concerns once one of their own […]

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Originalism in Theology and Law: Venerating Authoritative Texts

 

Ever since Marvin Olasky quoted SCOTX Justice Nathan Hecht on Harriet Miers’ originalism, I’ve been aware that there are connections between originalism in law and religion. I’ve done a bit of writing on the subject, including a failed unpublished essay and a draft of a chapter in a book that isn’t published either. Unlike the essay, the book is not a failed project; it’s just new and unfinished.

Mark Eckel, and I have agreed to be co-editors. Inshallah, we’ll put together our own chapters, the introduction chapter, and a proposal and get things underway sometime next year with a call for proposals from other possible authors. My finished chapter uncovers an important insight: Originalism in biblical theology is a bit more of an intentionalism, and originalism in American Constitutional law is a textualism, and there’s a reason for that difference.

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This relates to Professor Epstein’s post The Shaky Case for Birthright Citizenship. I’m starting a new thread because I couldn’t figure out what was bugging me until last night, and I’d appreciate feedback on my thoughts. This is not a post advocating birthright citizenship as a policy. I find merit in the argument that the “born […]

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ACF Founders Series #3: John Marshall

 

Historian Richard Brookhiser returns to the podcast for our third conversation on a Founder–in this case, the man most responsible for the Supreme Court–John Marshall, the fourth Chief Justice, a log cabin Federalist, a patriotic soldier in the Revolution and a very successful lawyer, who then served in all three branches of government. (You read that right: The first three CJs thought the job wasn’t worth it…) Mr. Brookhiser is just publishing his biography of Marshall, the last of the great Federalists, out the week after the election, so go order it, buy it, read it, and let everyone know! We’ve already covered two great Federalists — Hamilton and Gouverneur Morris — so by now we can show fairly well what it was like to be the first party in government in American history.

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For this week’s Big Ideas with Ben Weingarten podcast, my guest was Rich Higgins. Higgins, an expert in unconventional warfare and combatting terrorism with over 20 years experience at senior levels of the Defense Department, and early supporter of President Trump, served as director for strategic planning in President Trump’s National Security Council (NSC). More

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The Next Brouhaha: Impeachment

 

The Left’s threats of impeachment of Trump have affected me in a number of ways: annoyance, incredulity, outrage, and weariness. They have been banging that drum since Trump was elected and, for the most part, I’ve ignored the noise. But the drums are beating louder, in spite of the Democrat leadership’s call to simmer down until after the elections.

Leftist Tom Steyer, a California billionaire determined to remove Trump from office (in addition to pursuing other foolish endeavors), has generated enough attention that he recently published an opinion piece in the Wall Street Journal. I thought it was a good opportunity to learn his agenda for impeachment. I must say, I was both disquieted and angry.

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Why Emanate Penumbras When There’s a Ninth Amendment?

 

Our Founders, in rebelling against Mother England, claimed for themselves “nothing but the liberty and privileges of Englishmen in the same degree, as if we had continued among our brethren in Great Britain”. Along with Blackstone, our Founders treated natural rights as A Thing. They drafted the Constitution as a document constraining the federal government to enumerated powers, and recorded in the Ninth Amendment that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” We’re all familiar with the rights enumerated in the Bill of Rights, and the affirmation in the 14th Amendment that these rights are good against the federal government, too. But whatever happened to the unenumerated rights mentioned in the Ninth Amendment?

The Founders had good reason to believe in a constitutional order protecting unenumerated rights. After all, the Founders inherited their notions of rights, due process of law, and constitutionality from Mother England. Which isn’t to say they weren’t free to deviate from English traditions of law in declaring independence; obviously they were. But their understanding of law was rooted in English understanding of law, and only then shaped by their explicit deliberations. A reasonable person living at the time of ratification could be expected to understand the nature of law in a pretty English sense, a sense in which rights are discovered by the traditions of common law, and not all rights must be explicitly summarized in order to be respected.

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Deep Dive on the Declaration of Independence and Its Relevance Today

 

In honor of Independence Day, for this week’s Big Ideas with Ben Weingarten podcast I take a deep dive into the Declaration of Independence, discussing:

  • Its unique place in human history and the cause of freedom
  • The link between natural law and natural rights, faith and freedom
  • The Founders’ emphasis on virtue and morality to sustain a free system of limited government
  • Parallels between the charges laid out against King George III in the Declaration and modern America from the administrative state to sanctuary cities
  • The Founders’ views on slavery, Abraham Lincoln, Frederick Douglass and failing to live up to the values and principles of the Declaration
  • The imperative to defend liberty against tyranny
  • And much more

You can find the episode on iTunes, everywhere else podcasts are found or download the episode directly here.

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Imitation is the highest form of flattery, and proof that our Constitution is a brilliant political document. It is a model used around the world, especially for Supreme Courts. But is it always necessary to look for countries to adopt written frameworks as a means of becoming a politically liberal society? More

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Here is a headline that epitomizes the times in which we are living: “The Ninth Circuit Just Allowed Children To Sue Trump Over Global Warming.” When you see a headline like that, all you can do is shake your head in exasperation and scream out into the ether, “Of course it did!” Because it’s the […]

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Alexandra DeSanctis of National Review and Greg Corombos of Radio America enjoy watching new Republican ads tying incumbent Senate Democrats to Hillary Clinton’s trashing of Trump voters. They also respond to former Supreme Court Justice John Paul Stevens, who says individual gun rights should have vanished at the same time as state militias and that the […]

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