A black drape has been placed on the chair of Justice Antonin Scalia (1936-2016) To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. ~ Jefferson letter to Wm. Jarvis (1820) Jordan Weissmann, a fine […]
It is emphatically the province and duty of the Judicial Department to say what the law is. ~ Chief Justice John Marshall, Marbury v. Madison (1803) To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an […]
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In their notes on the Sixth Amendment, O’Connor and Sabato’s textbook, “American Government: Roots and Reform,” wrote that it was “the centerpiece of the constitutional guarantees afforded to individuals facing criminal prosecution … [and] sets out eight specific rights, more than any other provision of the Bill of Rights.” Here is the full text of the Sixth Amendment:
In their notes on the Sixth Amendment, O’Connor and Sabato’s textbook, “American Government: Roots and Reform,” wrote that it was “the centerpiece of the constitutional guarantees afforded to individuals facing criminal prosecution … [and] sets out eight specific rights, more than any other provision of the Bill of Rights.” Here is the full text of the Sixth Amendment:
In characteristic, succinct style the Eighth Amendment has few words – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted – yet the Eighth Amendment has produced a vast volume of commentary and litigation since its ratification in 1791. This should not be surprising, as the three major provisions of the amendment address some of the most controversial and emotionally charged issues concerning the rights of criminal defendants, which were greatly expanded during the eras of the Warren Court (1953-69) and the Burger Court (1969-86).
In characteristic, succinct style the Eighth Amendment has few words – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted – yet the Eighth Amendment has produced a vast volume of commentary and litigation since its ratification in 1791. This should not be surprising, as the three major provisions of the amendment address some of the most controversial and emotionally charged issues concerning the rights of criminal defendants, which were greatly expanded during the eras of the Warren Court (1953-69) and the Burger Court (1969-86).
Regarding the approval of the Obamacare individual mandate by the Supreme Court June 28, in a Volokh Conspiracy blog entry by Nick Rosenkranz, “Constitutional Law after Obamacare,” there was an insightful comment by a reader named “Wolfwalker” who wrote: “[M]ost of the legal community is a bunch of fascists who have lost all respect for the Constitution much like the federal government itself. Mr. Rosenkranz, I can write your speech in two sentences: The decision upholding Obamacare is the worst decision issued by any Supreme Court since Dred Scott v. Sanford.
Like the proverbial hydra of Greek mythology, the deadly multi-tentacles of what I’ve termed the “Progressive Revolution” have so reached, affected and deconstructed every aspect of truth, law, politics, economics, culture and society that today it is nearly impossible to deduce what our Founding Fathers actually envisioned the laws of the country to be. Over the past 100 years, Congress, the president and the courts have so expanded federal power as to make states rights a dead letter.
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.
“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 […]
Who was the First Trumpian President? = Thomas Jefferson – The Killer of Rogue, Activist, Lawfare and Lawless Democrat Party Judges
“The more things change, the more they stay the same.” ~ Alphonse Karr [1808-90] (French Critic, Journalist & Novelist) PROLOGUE — Going down the Rabbit Hole of Alice in Wonderland . . . (And how to come back out again?) *N.B.: This Prologue is taken in part from my 8-part essay and poem series on a […]
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