As I write, John Roberts is about to begin his tenure as the 17th Chief Justice of the U. S. Will he preside over what can be described as the “Roberts Court”? This remains to be seen, but the critical next step is for President Bush to solidify Roberts’ leadership with a bold appointment of […]
Supreme Battle
With the resignation of Justice Sandra Day O’Connor, it appears that the “mother of all judicial confirmation battles” has begun, and I say bring it on. To those who suggest that President Bush should pick another day to have this fight or should seek to promote comity by appointing someone who shares O’Connor’s inclination for […]
The World’s Greatest Minority Party Folds Again
Question for the day—what is the most important issue of our time in America, except for national defense? Is it gasoline prices or energy policy, education, stem cell research, immigration policy, Social Security reform, universal health care, or any of the other weekly hot buttons of the polls and focus groups? No, it is none […]
The Latest From Our Imperial Judiciary
Meanwhile, in the Supreme Court decision in Roper vs. Simmons to arbitrarily set an age limit on the assessment of the death penalty to juvenile criminals, once again our imperial judiciary has completely disabled state legislators and juries in a decision that pre-empts the value judgments of the people. And again I repeat—the critical issue […]
Revival Of The “Takings Clause”
In August, an event of true significance passed without the notice it deserved: Michigan’s Supreme Court unanimously reversed the infamous Poletown decision, invalidating as erroneous the reasoning in that case that “a private entity’s pursuit of profit was a ‘public use’ for constitutional takings purposes simply because one entity’s profit maximization contributed to the health […]
The Culture And The Courts
It is universally recognized that one of the subliminal factors that will play a significant role in the Presidential election will be the great cultural divide that provided the primary separation between the “red” and “blue” states of the election of 2000. I say subliminal, because neither candidate to date appears to have assigned high […]
The Battle Over Marriage
I hate to say “I told you so”, but I did. The battle over gay/lesbian “rights” has spilled into the public arena and the Presidential election because the American people will not allow four Massachusetts judges to throw out several thousand years of natural law, and they shouldn’t. This is not about equal rights nearly […]
The Continuing Attack On The First Amendment
“Congress shall make no law…….abridging the freedom of speech.” What part of this passage is so difficult to understand? In a continuing dismantling of the founding principles underlying the First Amendment, the U. S. Supreme Court confirmed a direct hit on free speech in upholding the Campaign Reform Act of 2002. Much as the Court […]
The God Of Diversity II
In the immediate aftermath of the momentous and disappointingly muddled decisions by the Supreme Court in the two University of Michigan affirmative action cases, I had in mind an essay summarizing my thoughts, particularly on the resulting tragic enshrinement of race-based “diversity” as a compelling public interest overriding the 14th Amendment. However, here I have […]
Judicial Tyranny
At the beginning of this nation, the Founders had in mind that, of the three branches of government based on Montesquieu’s idea of the separation of powers that evolved into the American concept of “checks and balances”, the legislative branch, as representative of the sovereignty of the people, would be dominant and the judicial branch […]
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