Posts Tagged ‘Constitutional Law’

GOP Fundraiser Proposes Stupid VP Pick

Monday, May 9th, 2016

A fundraiser for the National Republican Senatorial Committee asked people to vote on a list of choices for Donald Trump’s Vice Presidential running mate. Never mind that they left off Ted Cruz, Rick Perry and Paul Ryan, the biggest problem is someone they included among the choices: Rudy Giuliani.

Since both Trump and Giuliani are from New York, Giuliani would be ineligible to receive New York’s electoral college votes as Trump’s vice presidential running mate under Article Two, Section 1, Clause 3 of the United States Constitution, which states: “The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.”

Some hold that this would prevent New York electoral college voters from voting for a Trump-Giuliani ticket at all, others that they could vote for Trump, but refrain from voting for Giuliani.

In either case it’s a mess that should be avoided…

Happy Constitution Day!

Tuesday, September 17th, 2013

Today is Constitution Day, one of our lesser celebrated civic holidays.

The Cato Institute is also holding a symposium.

Today would be a good time to read the Constitution all the way through again. Or maybe for the first time, if you’re working in the Obama White House…

Blogroll Addition: Legal Insurrection

Thursday, August 29th, 2013

I’ll be wearing my science fiction hat a lot this week, so expect light posting through Labor Day (and maybe a little beyond).

So instead of Actual Content, I’m going to highlight some new additions to the Blogroll.

First up: Legal Insurrection (or Le·gal In·sur·rec·tion, to use the full, “Hell no I’m not going to type that every time” name), which I’ve linked the occasional tidbit from forever, but only just added to the blogroll. Run by Cornell Law Professor William A. Jacobson, Legal Insurrection covers a wide variety of political topics, legal and otherwise. And he was kind enough to add a link to my post on the #SolidarityIsForWhiteWomen tag to his own post.

He posts frequently on interesting topics, so go over and take a look when you get a chance.

Do Liberals Believe in Any Limiting Power on Government Action?

Friday, January 18th, 2013

Here’s a great description of natural rights from Judge Andrew P. Napolitano:

As we have been created in the image and likeness of God the Father, we are perfectly free just as He is. Thus, the natural law teaches that our freedoms are pre-political and come from our humanity and not from the government, and as our humanity is ultimately divine in origin, the government, even by majority vote, cannot morally take natural rights away from us. A natural right is an area of individual human behavior — like thought, speech, worship, travel, self-defense, privacy, ownership and use of property, consensual personal intimacy — immune from government interference and for the exercise of which we don’t need the government’s permission.

Read the whole thing, the main thrust of which is the role of the Second Amendment and the natural right of self-defense.

However, with so many of the Democratic Party’s urban elites embracing atheism, is it is even possible for them to comprehend, much less agree with, a natural rights framework for limiting the power of government? Why should humans have any rights at all if they are, in Charles Murray describing the viewpoint of European elites, “a collection of chemicals that activate and, after a period of time, deactivate”? (And if you haven’t read Murray’s entire piece before, I urge you to do so.)

There was a time when a good many patriotic liberal atheists believed in the Constitution as a sort of civil religion, even if they tended to ignore or downplay sections (such as the Second and Tenth Amendments) they weren’t wild about. But now a prominent liberal professor of constitutional law has just come out and said we should get rid of the Constitution because it doesn’t let liberals spend as much as they want, which is rather like a librarian endorsing burning books because they get dusty.

So too, many liberals wanted to believe in a framework very similar to natural rights in order to ensure their children lived in a strong, free and fair America. But, as Murray points out, our elite are increasingly childless, because children are a hassle. So why should liberals worry if they’re bankrupting their children and grandchildren when they have none?

Do modern American liberals believe in anything but their own smug sense of moral superiority? Or their own will to power? They seem distinctly uninterested in “a nation of the people, by the people, and for the people,” unless the people in question are their kind of people. Many see themselves as “citizens of the world,” with more in common with Eurocratic elites than with the working class lumpenproletariat shopping at Walmart. They seem uninterested in the baleful effects of welfare policy and unlimited illegal immigration on the poor as long as such policies continue to swell a permanent underclass of Democratic-voting dependents.

Conservatives believe that America is a nation of free citizens first, not a political entity embodied in an all-powerful federal government. By contrast, liberals did not seem to have any limiting power to their conception of the size and power of the federal government (at least beyond sex). Is there any limiting factor they are willing to accept as a bedrock principle rather than a temporary expedient?

Richard Epstein says Reid’s ObamaCare Bill is Unconstitutional

Monday, December 21st, 2009

Noted Constitutional law scholar Richard A. Epstein says Harry Reid’s ObamaCare bill is unconstitutional.

“The Supreme Court’s basic constitutional requirement is that any firm in a regulated market be allowed to recover a risk-adjusted competitive rate of return on its accumulated capital investment. See Duquesne Light Co. v. Barasch, 488 U.S. 299 (1988).

“The Reid Bill emphatically fails this test by imposing sharp limitations on the ability of health-insurance companies to raise fees or exclude coverage. Moreover, the Reid Bill forces on these regulated firms onerous new obligations that they will not be able to fund from their various revenue sources. The squeeze between the constricted revenue sources allowable under the Reid Bill and the extensive new legal obligations it imposes is likely to result in massive cash crunch that could drive the firms that serve the individual and small-group health-insurance markets into bankruptcy.”

I’m not even remotely enough of a Constitutional Law scholar to know if his argument is correction, but Epstein is certainly one of the heavy-hitters in that field, and his book Takings is is one of the most important works on the subject of the federal government exceeding its constitutional power in the last quarter century. And he actually appears to have read the bill, which probably puts him one up on, oh, more than half the Senators voting on it…