Category Archives: Constitutional Law

Rule of Man: Addendum

Earlier in the week I wrote a post about the decline of the rule of law and increase in the rule of man in the United States’ governing structure.  I would like to continue that thought as it related to the individual human being.  Question:  Why is the rule of law so important?  Answer:  Because of the nature of man. The Founding Generation of this country understood the threat that the rule of man was.  I refer to the whole… Continue Reading ››

The Progressive Dream: In Reality

In the period from about 1890 to 1920, labeled the Progressive Era, political thinkers, economists (a new profession then) and public intellectuals told Americans and Europeans that the best way to get efficient government that actually worked was to create independent boards, commissions and other similar organizations.  We were told they would be free from “politics,” staffed by experts and would run their area of authority without bias and for the good of all their constituents.  In addition, these commissions… Continue Reading ››

What Happened on the Way to Richard Posner?

Way back in the late 1970s, when the Law and Economics movement was really getting underway, one of the “stars” of that intellectual movement was Richard Posner, a law professor at the time, and one interested in hos economics might be applicable to law.  At the time, I was also developing an interest in economics, at the same time I was preparing for law school.   I read Posner in graduate school.  In fact, I read lots of Posner and others… Continue Reading ››

Some News of the Day/Week

The following is just a little briefing that focuses our attention on some important recent issues (or at least what I think is interesting): Full disclosure: I am not a prolific user of social media, and I sometimes look down (secretly) on those who are—maybe I am really just jealous and I certainly am technologically challenged.  But I do on occasion use Facebook—but I do not tweet, as that seems like I should be chirping.  Still, I read with some… Continue Reading ››

An Entirely Too Long Post on Religious Liberty and Conscience

Religious liberty is seemingly coming under greater attack, either culturally or legally.  As of now, a good many of the instances of this attack are represented in opposition to Christian attempts to claim what we may call “conscience rights.”  What is conscience, that which someone called “that little voice in our heads”?  What legitimate role does it play in Christian responses to perceived sin which they believe they are implicated in by their actions?  Can conscience be defined precisely enough… Continue Reading ››

Consumer Financial Protection Bureau saving the day!

A major part of the Dodd-Frank bill that Mr. Obama and the Democratic congress of 2009-2010 was the creation of an agency to protect consumers, the Consumer Financial Protection Bureau (CFPB).  Dodd-Frank was troubling enough; I’ll not delve too deeply into that murky mess other than to note the irony of the financial reform bill having the names of Barney “I’ll not allow any reform of Fannie/Freddie” Frank and Chris “Sweetheart countrywide loan deal” Dodd, two of the principle instruments… Continue Reading ››

A Test for “Conscientious Objectors”

It’s time to revisit the issue of LGBT rights and legislation to protect individuals from prosecution for refusal to provide some service or good to a homosexual or homosexual couple.  As many know by now, both Georgia and North Carolina passed legislation that would either restrict public restroom use to biologically determined individuals or would establish protections for businesses and individuals who refuse on conscience grounds to provide goods and services to homosexuals, or both (as in the case of… Continue Reading ››

Merrick Garland, Stealth Nominee or True Moderate?

Since President Obama has nominated someone for the Supreme Court vacancy, it is tim we took a look at his judicial philosophy.  First, a little about him personally and professionally.  Judge Merrick Garland was born in Illinois, raised near Chicago, received his law degree from Harvard, one of the usual cast of schools from which SCOTUS members are typically drawn.  By all accounts Judge Merrick is really bland, but more on that below.  In 1997, he was appointed by President… Continue Reading ››

Forrest McDonald (1927-2016)

Just as I was thinking about one of my favorite author-scholars today, I discovered he had very recently died.  Forrest McDonald, one of the truly great scholars of early American political thought, and long-time professor of history at the University of Alabama, passed away at the age of 89.  The first lesson I should learn is that I had better be careful who I am thinking about on a given day.  But humor (attempted) aside, McDonald wrote such impressive works… Continue Reading ››

Taxes Versus Spending

The Committee for a Responsible Federal Budget, a DC group, had this to say about Ted Cruz’s campaign proposals: “Republican presidential candidate Senator Ted Cruz (R-TX) has, by our count, put forward seven sets of policy proposals on his campaign website covering areas such as immigration, military spending, and tax reform. By our very rough and initial estimates, these major initiatives could add anywhere from $3 to $21 trillion to the debt over the next decade, with our central cost… Continue Reading ››