Did you know that 93 years ago the Supreme Court decreed that advertising to your fellow Americans about their constitutional rights to be a federal crime? Astoundingly, this was the unanimous 9-0 decision of the case Schenck v. United States (1919). This case, in an openly fascist manner, violated defendant Schenck’s First Amendment rights to distribute flyers alerting his fellow citizens of their First, 10th and 13th Amendment rights not to comply with the draft and fight in World War I.
Dietrich Bonhoeffer, the legendary German theologian, was one of the central figures in two separate and complex plots to assassinate Adolf Hitler – Operation 7 and Operation Valkyrie. This hero paid the ultimate price in fighting against Nazism, fascism and the so-called “German Christian,” leading to his martyrdom at Flossenbürg concentration camp exactly two weeks before it was liberated by the U.S. Army 90th and 97th Infantry Divisions and three weeks before Hitler committed suicide inside his underground secret bunker in Berlin.
If you were to ask a typical liberal, progressive, or even a Marxist/socialist jurist who was the most important Supreme Court justice of the 20th century, invariably the name cited most often would be Justice Oliver Wendell Holmes. Holmes served on the Supreme Court from 1902-32, and many of his majority (and dissenting) opinions are considered some of the most legendary and sublime utterances in the history of the high court.
There are three things I hold as relative certainties in this uncertain, vexatious world of moral relativism: 1) God is in control of everything and every person in the universe and will one day settle all accounts, 2) the sun will rise tomorrow morning and 3) Justice Clarence Thomas will uphold his sacred oath he made 21 years ago “to protect and defend the Constitution against all enemies foreign and domestic.”
As the Supreme Court ended a tumultuous week of oral arguments on Obamacare, all of the legal and political pundits are scurrying around like ants, reading and rereading every word of the justices, dissecting every syllable, every verbal inflection; trying in vain to read the tea leaves, to deduce how the court, or more pointedly how the court’s swing justice, Anthony Kennedy, will decide the fate of the Obamacare mandate tax/penalty.
In 1857, the pseudo-constitutionalism of the Dred Scott v. Sandford majority led by Chief Justice Roger B. Taney essentially decreed that all people of African descent, whether or not they were slaves when brought into the United States and held as slaves under the same racist logic that barnyard animals (chattel) were not protected by the Constitution, could never become U.S. citizens.
In a free society, can the federal government, under the pretext of economic and wartime conditions, unilaterally expand the parameters of the Commerce Clause to dictate what crops people can plant for their own use and how much they can plant? Be careful how you answer this question, dear reader, since your answer will not be heard by the sound you make from your voice (yes or no), but by the chains future generations will hear jingling from your wrists, ankles and rattling inside your mind.
I am not a conspiracist; however, during my 25 years of studying the Constitution, I’ve often wondered if there is an unseen hand, a shadow justice that controls how all justices on the Supreme Court reach their legal conclusions. Does an invisible justice exist that is neither appointed by the president nor approved by the Senate who dictates how they write their judicial decrees?
How did we get here? How did America so tragically betray its sacred promise to the world as a beacon of freedom symbolized by Lady Liberty standing proudly, holding her lamp aloft and beckoning the world to come to her majestic shores? To come to America for economic freedom, religious liberty: Give me your tired, your poor, Your huddled masses yearning to breathe free …
I remember the event like it was yesterday. It was the evening of Oct. 28, 2009, and my colleagues and I had just concluded a very important and successful two-day International Legal Conference on Freedom of Speech & Religion at the Congressional Auditorium in Washington, D.C., sponsored in part by my dear friend attorney Ann Fishman, founder and president of The Liberty Legal Project International.
“The corruption, crime, and incompetence of the D.C. government has been an embarrassment to our nation’s capital for decades. It is long past time that Congress restored the honor and integrity of George Washington to the beautiful city which bears his name.” ~ Senator Mike Lee (R-UT), speaking on the BOWSER Act “It is […]
Fifth Circuit’s Ruling against “Nasdaq Board Diversity Rule” Safeguards Meritocracy Over Mediocrity
“The evidence presented by Nasdaq in its rule proposal, contrary to its claims, does not show that board diversity provides better returns for shareholders.” ~Excerpt from a Manhattan Institute led amicus curiae brief in the case of Alliance for Fair Board Recruitment vs. SEC. “We will terminate every diversity, equity, and inclusion program across the […]
The Keep Nine Amendment: A Permanent Solution to Threats of Court-Packing
“I think that was a bad idea when President Franklin Delano Roosevelt tried to pack the court. If anything would make the court appear more partisan, it would be that. So, I am not at all in favor of that solution. Nine seems to be a good number. It’s been that way for a […]
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