Scotus – Don’t Blame the Framers
What is the “Judicial Power?”1 It’s worth knowing because the Constitution’s Article III grants all of it to Scotus and inferior courts. Does the Judicial Power extend to striking down… Read more »
Progressing the Constitution – The Ninth Amendment Part V
Subtitle: Scotus & Morality. Without God and religion you don’t have moral truth, you have moral opinion.1 Unfortunately, when a majority of lawyers on Scotus issue new rights-based opinions, they… Read more »
Progressing the Constitution – The Ninth Amendment Part IV
Subtitle: A Judicial Mess. The Framers considered and rejected a policy-making role for the Scotus. Despite James Madison’s repeated efforts, the federal convention defeated his attempts to attach the Scotus… Read more »
James Madison’s Appeal
Can liberty be preserved across a continent? In 1787, the historical record said “no.” The Roman and contemporary Russian, Chinese, and Ottoman Empires were glaring examples. Not everyone was buying… Read more »
Progressing the Constitution – The Ninth Amendment Part III
Subtitle: Scotus – Robert Yates v. Alexander Hamilton. What happened to the Scotus? In this squib, we’ll find the Framers blameless for today’s runaway federal courts. Background. Under the British… Read more »
Progressing the Constitution – The Ninth Amendment Part II
Subtitle: Black-Robe Disease. The only “living Constitution” is one that is followed; a Constitution whose text is ignored is a dead one.1 Standing over and looking down at the remains… Read more »
Progressing the Constitution -The Ninth Amendment Part I
Over the next few squibs I will show why Scotus has no Constitutional business fabricating rights. As opposed to its assumed authority to invent rights, it is instead duty-bound to… Read more »
Civil Rights, Scotus, and Article V
Subtitle: Judge Bork’s Inkblot. Who or what is the source of civil rights? What are civil rights? They must be important or there wouldn’t be a US Commission on Civil… Read more »
Remnant Institutions – British House of Lords and US Senate Part II
Our Framers famously corrected several shortcomings in the English approach to lawmaking. In England, the same people who write statutes also amend the English constitution. We can thank the Framers… Read more »
Remnant Institutions – British House of Lords and US Senate Part I
The House of Lords. There’s an unmistakable correlation between the decline of the British and American middle houses of government and the loss of liberty in their respective countries. Today’s… Read more »