Constitution

More Bush Insults

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Everybody is good at something, and George Bush is good at insulting our intelligence. As if he hasn’t provided enough evidence, he recently obliged with two more demonstrations. First came his nomination of White House counsel Harriet Miers to the U.S. Supreme Court. By picking Miers he is telling the American people she ... [click for more]

The New Deal and the Courts, Part 4

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Part 1 | Part 2 | Part 3 | Part 4 No matter who is appointed to replace retiring members of the Supreme Court, the larger issues will remain unchanged, as they have been for nearly seven decades — the New Deal Supreme Court has become a permanent fixture in our country. Changes brought about by Franklin Roosevelt’s ... [click for more]

The Courts and the New Deal, Part 3

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Part 1 | Part 2 | Part 3 | Part 4 When Janice Rogers Brown was renominated to fill a vacancy on the D.C. Court of Appeals this year, the New York Times demanded that Democrats filibuster her nomination, one of the reasons being that, in a speech to a gathering of conservative lawyers, Brown had called ... [click for more]

The Courts and the New Deal, Part 2

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Part 1 | Part 2 | Part 3 | Part 4 The system of laws and courts in the United States today hardly resembles that system that came about in the wake of the founding of this republic. This sea change in the law is not due — as some might claim — to the complexities of ... [click for more]

The Courts and the New Deal, Part 1

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Part 1 | Part 2 | Part 3 | Part 4 In the next few years of the George W. Bush administration, it is almost certain that there will be a number of contentious battles between Democrats and Republicans and between the White House and the U.S. Senate over certain federal court nominees. While the issues will ... [click for more]

The Bill of Rights: Reserved Powers

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The Constitution brought into existence the most unusual government in history. It was a government whose powers were limited to those enumerated in the document itself. If the power wasn’t enumerated, the government could not exercise it. Fearful that the newly formed government might try to break free of that ... [click for more]

A Federated Republic or One Nation?

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The controversy over the words “under God” in the Pledge of Allegiance overshadows an old, long-forgotten issue regarding the Pledge. When it was first published in 1892, the Pledge did not contain the words “under God.” Congress added these words in 1954 as a Cold War response to atheistic communism. Nevertheless, ... [click for more]

Don’t Forget Roosevelt’s Attack on the Judiciary

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Republican attacks on the judiciary bring to mind what unquestionably was the fiercest attack on the independence of the federal judiciary in American history — the infamous “court-packing scheme” of Democrat President Franklin D. Roosevelt. While there certainly had been instances of government regulation and welfare prior to FDR’s ... [click for more]

Schiavo Case Affirms Rule of Law

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At first glance the case of Terri Schiavo can look like a horrible miscarriage of justice. This is understandable. Reasonable and compassionate people are reluctant to believe that a brain-damaged young woman has no hope of recovery, and they naturally want to err on the side of life. When someone ... [click for more]

The Schiavo Case Is Not Judicial Murder

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Contrary to popular opinion, the Schiavo case does not involve “judicial murder” or even euthanasia or assisted suicide. Instead, it is a case that turns on a factual determination in a court of law regarding Terri Schiavo’s intent with respect to the conditions under which she would want to be ... [click for more]

Rule of Law Damaged by Schiavo Bill

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The events surrounding the life of Terri Schiavo are tragic enough. Now congressional Republicans and President Bush have made things worse. In one weekend they disabled federalism, the separation of powers, and the rule of law. These principles were embraced by the Founding Fathers because they tend to ... [click for more]
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