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Latest Articles: U.S. Constitution
Speaker Mike Johnson Slams DOJ Live
Post Date: 2023-11-21 22:48:34 by A K A Stone
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Ukrainian parliament votes to ban Orthodox Church
Post Date: 2023-10-21 14:47:45 by Orthodoxa
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The Ukrainian parliament gave initial approval on Thursday to a law that would ban the Moscow-linked Ukrainian Orthodox Church after Kyiv accused it of collaborating with Russia following last year’s invasion. The UOC – which is distinct from the Orthodox Church of Ukraine (OCU) – says it no longer aligned with the Russian Orthodox Church and denies the charges levelled at it by Kyiv and said the draft law would be unconstitutional. Yaroslav Zheleznyak, a member of parliament, said on the Telegram messaging app that deputies had voted to support the bill in its first reading. It has to be backed in a second reading and approved by the president to go in to force. The law ...
Supreme Court Needs to End Consumer Financial Protection Bureau
Post Date: 2023-10-12 00:08:10 by Charles_Byrd
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On October 10, the Supreme Court heard oral arguments in a case of interest and significance to politicians and people alike: the case of Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America. At the heart of the matter lies a narrow, yet critical question, one that strikes at the very foundation of our constitutional order: Is the CFPB’s peculiar and historically unprecedented practice of simply sending demand letters to the Federal Reserve a violation of the appropriations clause? In this pivotal debate, progressive judges seem to pivot away from the black letter of our Constitution, leaning instead toward statistics to justify this ...
Feds Assault, Violate Our Right to Be Left Alone
Post Date: 2023-10-09 19:26:51 by Charles_Byrd
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Six months ago, FBI officials boasted that in 2022 their agents had spied on only 120,000 Americans without search warrants! Under the Constitution, that number should be zero. Click for Full Text!
Schools cannot ban 'merely offensive' speech on gender identity, appeals court rules
Post Date: 2023-10-06 16:17:32 by Charles_Byrd
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Fifty-six years after it exempted antiwar teenagers from First Amendment protections while on campus, a federal appeals court in America's heartland affirmed students' speech rights in public schools on an equally contentious subject today. The St. Louis-based 8th U.S. Circuit Court of Appeals issued a preliminary injunction Monday against an Iowa school district policy that threatens suspension and expulsion for "intentional and/or persistent refusal … to respect" a peer's gender identity, finding it's likely too vague to survive legal scrutiny. Click for Full Text!
Defense Attorneys Sound Alarm on ‘RECYCLED JURORS’ on J6 Trials: ‘WHAT’S GOING ON?’
Post Date: 2023-10-05 20:02:15 by 3-Dee
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Numerous defense attorneys representing January 6 defendants are perplexed in discovering that potential jurors are being recalled or “recycled.” On Sept. 5, a day after Labor Day, defense attorneys discovered their potential jury pool consisted of jurors who were excused the week before. “I have never seen this in all my years of practicing law.” defense attorney Steven Metcalf fumed while exiting the federal courthouse after jury selection of Zachary Alam’s trial.”Are there any jurors left in DC? What is going on here?” The Gateway Pundit sat as the lone observer in the courtroom for nearly the entire duration of Alam’s 8-day trial and spent ...
Defenders of the Florida and Texas Social Media Laws Contradict Themselves
Post Date: 2023-10-04 22:20:24 by Charles_Byrd
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Social media companies argue that their content moderation decisions are a form of editorial discretion protected by the First Amendment. Conservative critics of those companies reject that argument, even as they complain that the platforms' decisions reflect a progressive agenda. Click for Full Text!
The government is colluding with social media platforms to censor Americans
Post Date: 2023-09-27 20:09:01 by Charles_Byrd
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In 2021, the Defense Advanced Research Projects Agency (DARPA), a military research agency under the Pentagon , sought proposals for “real-time, comprehensive tools that establish ground truth for how countries are conducting domestic information control.” DARPA’s goal in developing artificial intelligence (AI) technology ostensibly was to help the United States government better understand “how digitally authoritarian regimes repress their populations at scale over the internet via censorship, blocking, or throttling.” Click for Full Text!
The Curious Case of How Mike and Michael Saved America from the Globalists
Post Date: 2023-09-20 23:20:10 by Charles_Byrd
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The current twist in the plan to put globalists in charge of America, under the pretext of saving society from infectious disease, has two tracks—a treaty track and a track to modify international health regulations. Boiled down to their essence, both tracks aim to hand the WHO control over most aspects of Americans’ lives, to be triggered by the WHO allegedly determining that a new pandemic is underway. Dr. Meryl Nass has taken the lead in warning about the current iteration of the plan, and, on September 1, 2023, she was interviewed by Del Bigtree about it. Nass is the founder of Door to Freedom, and its website has information about the looming threat of WHO control. James ...
‘Muzzling Speech’: Federal Appeals Court Shoots Down California Gun Ad Law
Post Date: 2023-09-16 20:51:43 by Charles_Byrd
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A federal appeals court Wednesday ruled against a California law banning certain gun advertisements. The California law prohibits firearm advertisements that could be construed as “designed, intended or reasonably appears attractive to minors.” But since minors can’t purchase firearms, and California already takes steps to prevent youth gun violence, the laws serves the purpose of banning “truthful” gun advertisements in a sweeping and “extensive” manner, according to the ruling by the 9th U.S. Circuit Court of Appeals. Click for Full Text!
Those Entrusted With Constitution Subvert It
Post Date: 2023-09-05 22:30:06 by Charles_Byrd
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Benjamin Franklin's famous one-liner about the relationship between liberty and safety has intrigued me since I first read it in high school. Why would anyone sacrifice personal liberty? And how does that sacrifice equate to temporary safety? Click for Full Text!
Don’t Give Up on the Constitution
Post Date: 2023-09-01 01:27:11 by Charles_Byrd
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I am enormously grateful to Law & Liberty for recruiting such heavy hitters to respond to my lead essay. What a joy to get such humbling and instructive comments, each brimming with its author’s characteristic intellectual virtues. I thank all four responders and only regret that the imperative for brevity in this summary reply means I can only scratch the surface of what they had to offer. They should know that I have more to say, especially by way of gratitude and admiration. James Stoner brilliantly deepens and sharpens the case for the Constitution’s unifying potential in several important respects, and he rightly ends up worrying that the problem we face now is a ...
Does Common Law Survive the “Age of Statutes”?
Post Date: 2023-09-01 01:07:10 by Charles_Byrd
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Is forty years too far along for a book review? Another look at A Common Law for the Age of Statutes by eminent Second Circuit Judge and Yale Law professor Guido Calabresi suggests no. Published in 1982, the book originated in his 1977 delivery of the Oliver Wendell Holmes Lectures at Harvard Law School. If not the cure for what ails the Anglo-American legal tradition, it at least proposes one road out of the precarious place at which our system has arrived over the last century or so. Through Calabresi, more about him here, perhaps this reviewer can invite more discussion of both the common law’s problems and the need for solutions. Click for Full Text!
The Incorporation Doctrine Waters Down the Second Amendment
Post Date: 2023-08-31 23:38:02 by Charles_Byrd
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Many people want the federal government to protect the right to keep and bear arms by applying the Second Amendment to the states and using it to limit state gun control. The problem with this strategy is that we almost always end up with a lower standard for the right to keep and bear arms that then gets applied nationwide. Furthermore, putting the feds in charge of protecting the right to keep and bear arms gives states the cover they need to implement more gun control instead of limiting it. That’s because even though states can technically impose limits on their government that go beyond what the Supreme Court dictate, they rarely do. Any federal court decision usually becomes the ...
How to Lose Sight of the Constitution
Post Date: 2023-08-25 21:40:01 by Charles_Byrd
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The Harvard law professor Cass Sunstein is a prolific author with very wide-ranging interests. He has written (and in some cases co-authored) books on behavioral economics; on lies, rumors, and conspiracy theories; on republican theory and political conflict; on feminism; on free speech and dissent; on animal rights; even on Star Wars—and I’m leaving some out. In many of the fields in which Sunstein has written, I would hardly be qualified to judge his work. (Aren’t the Ewoks just really small Wookiees?) But his latest effort, How to Interpret the Constitution, is one that I can confidently say is very disappointing. This brief book has three primary characteristics: ...
The Preamble is the Least Important Part of the Constitution
Post Date: 2023-08-18 02:22:48 by Charles_Byrd
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Most people are familiar with the Constitution’s preamble. A lot of people were required to memorize it in school. But while the preamble is arguably the best-known part of the Constitution, it is the least important. Like so many other parts of the constitution, many people today believe that the preamble authorizes all kinds of federal power it never authorized in the first place. Click for Full Text!
Despite Deep Diversity
Post Date: 2023-08-10 01:39:50 by Charles_Byrd
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In forty years of teaching, the most difficult or at least the most disconcerting question I have been asked came during a summer seminar when I was lecturing on the Constitution and on Lincoln’s attitude towards it. I had been reviewing the various compromises made at the Philadelphia Convention concerning slavery when a student asked, point blank, whether, if I had been there, would I have voted for them. I paused. It was easy enough to explain what the compromises were, why those who made them thought them necessary for the document’s completion and ratification, how the Constitution contributed to the growth and success of the United States, and even how the Constitution ...
KOSA Still Poses a Grave Threat to First Amendment Rights
Post Date: 2023-08-08 00:09:16 by Charles_Byrd
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Today, TechFreedom sent a letter to the U.S. Senate Commerce Committee reiterating our concerns about the Kids Online Safety Act (KOSA). Last year, joined by leading Internet law and First Amendment scholars, we explained that KOSA would force platforms to age-verify their users and impose an undefinable and unmeetable duty of care—violating users’ First Amendment rights to anonymous expression and ensuring that minors will be cut off from information they are constitutionally entitled to receive. This year’s iteration of KOSA poses those same problems, only with slightly different words. “Platforms will still have to age-verify users, violating their First Amendment ...
Kagan Says Congress Can Impose Supreme Court Ethics Reforms
Post Date: 2023-08-06 01:37:31 by Charles_Byrd
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Congress has the authority to impose ethics reforms on Supreme Court justices, Justice Elena Kagan said Thursday, wading into a contentious debate that’s overshadowed the high court in the wake of a series of major transgressions. Click for Full Text!
The Problem With 'Civil Rights'
Post Date: 2023-07-22 01:30:53 by Charles_Byrd
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Not long ago I spoke to the fearless Heather Mac Donald, author of When Race Trumps Merit, about how the toxic doctrine of “disparate impact” has undermined standards of all kinds, all across society. Symphony orchestras, for example, are known for holding their auditions behind a screen, to make absolutely certain that individual musicians’ characteristics do not interfere with the dispassionate analysis of their musical abilities. But because this impartial process yields orchestras that are too white and Asian (and therefore has a “disparate impact” on blacks), there is buzz about taking the screens down for the precise purpose of allowing orchestras to ...
Does First Amendment Protect Opinions of Professors at State Universities?
Post Date: 2023-07-21 18:44:25 by Charles_Byrd
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Should professors at state universities be allowed to write about controversial subjects outside of class? Should those professors be allowed to publish articles in their private lives that might offend some people at the university where they teach? Believe it or not, these are the questions being considered by a federal court in the United States of America. There are people who believe that the answer to those questions is “no,” and they are prosecuting a professor for presenting the results of a scientific study in his lecture. Click for Full Text!
A free society protects your right to burn a holy book
Post Date: 2023-07-20 18:54:51 by Charles_Byrd
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AHMAD ALUSH obtained permission from Swedish authorities last week to hold a protest outside the Israeli embassy in Stockholm on Saturday. He intended, he said, to publicly burn a Torah and a Christian Bible in retaliation for the burning of a Quran in front of Stockholm's largest mosque last month. The burning of the Quran on June 28 — for which Swedish police had also granted permission — set off a deluge of outrage. The governments of numerous Islamic countries condemned the action. So did the US State Department and the president of Israel. With tensions running high, Alush's plan to set fire to copies of the Jewish and Christian scriptures was guaranteed to make an ...
The First Amendment’s Protection of ‘Hate Speech’ Is Not ‘Despicable’
Post Date: 2023-07-20 18:31:34 by Charles_Byrd
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“Despicable”? But it’s . . . true. That “hate speech is free speech” is not an “opinion”; it’s a fact. That’s how the First Amendment works. There is, in American law, no such thing as “hate speech.” Subjectively, one might consider some of that speech to be “hateful.” Sometimes, it is. It’s also free speech. Click for Full Text!
Governments hate and fear the exercise of natural rights
Post Date: 2023-07-14 01:02:02 by Charles_Byrd
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The world is filled with self-evident truths — truisms — that philosophers, lawyers and judges know need not be proved. The sun rises in the east and sets in the west. Two plus two equals four. A cup of hot coffee sitting on a table in a room, the temperature of which is 70 degrees Fahrenheit, will eventually cool down. Click for Full Text!
Govt as Trough Brings Pols Who Are Faithless to Constitution
Post Date: 2023-07-08 01:09:40 by Charles_Byrd
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Does it really matter if the instrument curtailing liberty is a monarch or a popularly elected legislature? This conundrum, along with the witty version of it put to a Boston crowd in 1775 by the little-known colonial- era preacher with the famous uncle — Cotton Mather — addresses the age-old question of whether liberty can long survive in a democracy. Byles was a loyalist, who, along with about one-third of the American adult white male population in 1776, opposed the American Revolution and favored continued governance by Great Britain. Click for Full Text!
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