Welcome to the rise of fake law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing, virtue signaling, and opinionating masquerading as jurisprudence.
Not seen this yet, so I’m trade-marking ‘Fake Law™’
Source: Fake Law | The Weekly Standard
The upshot is that sanctuary cities and states are essentially a new confederacy rising in the midst of a formerly United States.
And, once again, Democrats are fomenting a civil war.
Source: Articles: Sanctuary Cities and States Have Seceded from the Union
I would prefer to see us acknowledge openly that today we, who are judges rather than members of Congress, are imposing on a half-century-old statute a meaning of “sex discrimination” that the Congress that enacted it would not have accepted. This is something courts do fairly frequently to avoid statutory obsolescence and concomitantly to avoid placing the entire burden of updating old statutes on the legislative branch…
So says the so-called ‘judge’ Richard Posner.
Posner’s theory of statutory interpretation, then, is really a theory of judicial usurpation of Congress’s Article I powers. Article I, let’s recall, states that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” So yes, as a rule the “entire burden” of updating old statutes is indeed on the legislative branch. Congress has consistently declined the opportunity to add sexual orientation to the list of protected classes under Title VII, and judges have no authority to exercise legislative authority in Congress’s place.
Source: The post-constitutional world of Judge Richard Posner – The Washington Post
Obamacare has shown us that our Constitution creates a government so strong and intrusive that it can fine every American for failing to purchase East India tea that comes with a British tax on it.
I learned that, before government welfare, America was not a cold, cruel place in which widows and orphans routinely died. Instead, America had a vast network of fraternal organizations that functioned as welfare organizations. As with the Mormon wards, these “welfare” agencies worked extremely well because they took place at the community level.
I would add that ‘providing’ welfare is NOT a Constitutional function of the Federal government. This includes things like so-called Social Security, which is nothing more than a welfare scam.
Source: Bookworm Beat 3/30/17 — tight-knit communities, nuclear families, and individual worth
3. Slow-down, or halt, in new international agreements. The writing has been on the wall for new international agreements ever since President Trump formally abandoned the Trans-Pacific Partnership on the third day of his presidency. A few days later a draft Executive Order, Moratorium on New Multilateral Treaties, leaked. The EO was only a draft, and it is limited to Article II treaties, which form only a sliver of U.S. international agreements. (It’s not clear if the Trump Team realizes that treaties are rare.)
An ‘agreement’ is a treaty if it is being treated as such. This Harvard lawyer’s argument proves that agreement are treaties, according to the Left.
Source: The Trump Onslaught on International Law and Institutions – Lawfare
The Constitution establishes liberty. Freedom. It doesn’t establish liberal ‘fairness’. The American Revolution was about liberty and freedom. Contrast that with the French Revolution, which was about equality and fairness.
Natural rights have four main features:
•They are universal (they apply to everyone, everywhere);
•They are unchanging (they stay the same, from generation to generation);
•They are unalienable (they cannot be taken away by a government);
•They are negative (they are the right to not be killed, the right to not be physically restrained, the right to not be robbed, and so on).
They do NOT include rights to things that must be supplied by others; housing, healthcare, food, education, etc. Or respect. You have no right to my respect.
There are at least 4 million illegals in California. It requires a special liberal variety of naivete to believe that none of them vote. Even if none do, they are all counted in the census which determines congressional representation and some federal funding allocations. If only citizens were counted, California would have five fewer congressional seats/electoral votes. Those seats would go to, for example, Ohio (2), Michigan, and Pennsylvania. The Democrats who’ve declared Califronia a sanctuary state know exactly what they are doing.
Source: Blog: Five festering problems the Democrats cynically ignore
Wake up, America! You’re being had. Start asking the right questions. How did the Democrats come up with that 40,000,000 uninsured Americans to pass Obamacare? When CNN’s Don Lemon asks his panel about how much the Trump family’s secret service is costing taxpayers, ask him where’s his research and why didn’t he question that about Michele Obama’s huge entourage when she traveled?
