Tag: Madison

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As one of the 27 conservatives in Madison, Wisconsin, I was thrilled to attend last night’s “Verdict with Ted Cruz”. This is a weekly video-podcast event in which Michael Knowles interviews the estimable cowboy-booted senator. All in all, it was a fine event. Preview Open

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TurleyVision 1999: Impeachment as a Madisonian Device

 

My dear spouse occasionally forwards me the legal theories of Jonathan Turley, who currently argues Trump’s impeachment trial is unconstitutional now that Trump is a former official. Curious as to what Turley had to say about impeachment before Trump, I did some digging and struck a mother lode: Turley’s 146-page 1999 Duke Law Journal article, Senate Trials and Factional Disputes: Impeachment As A Madisonian Device. Turley’s reasons for publishing such a masterwork in 1999 may not have been dispassionate, since he had recently testified at Bill Clinton’s impeachment, but since Trump’s presidency wasn’t even a gleam in the old GOP elephant’s eye back then, Turley’s thoughts on impeachment in 1999 should at least be free of any bias for or against Trump. Those with the patience to read — or at least skim — Impeachment As A Madisonian Device will be rewarded with plenty of information on impeachment’s constitutional function and history that’s interesting in its own right, and a perspective in which the non-juridical, political nature of impeachment transcends mere raw exercise of power.

Impeachment As A Madisonian Device extensively surveys the constitutional history of impeachment. Its thesis is that the impeachment process, declared first in the House, then passed to the Senate for trial, culminates in

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America was founded on a single principle: Freedom. We are, ultimately, a nation for adults, built for people willing to accept responsibility for their lives for good and for ill. Indeed, the Founders were well aware of the allure of despotism. It is safe to be protected by someone else and to not have to […]

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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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That’s what you call people from Madison, Wisconsin, right?  Along with my wife, and Ricochet members Matt Balzer and Hank Rhody, I attended OdysseyCon, Madison’s annual science fiction convention.  Hank has written a terrific article on his experience at one of the evening programs over here.  You should definitely read it. I thought I’d give […]

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