Monday, January 22, 2007

An Unhappy Anniversary

Laws are to be passed by legislatures in a republic. They take their legitimacy from the fact that these legislatures are elected by the public.
Judicial review is based on the fact that written laws include certain rules that are constitutionally instituted. For example, if there was a law against some form of speech, it would fall to judicial review to determine if the written law violated the written Constitution.
Where courts go wrong is by creating rights that are not in the written Constitution. For example, Roe v. Wade says that the right to abortion exists because of analogous rights elsewhere in the Constitution. The right to protection from having one's house searched without a warrant becomes something else. The "right to privacy" is consistent with the written Constitution, but appears nowhere in it.

Sunday, January 21, 2007

One Faithful Harp

The minstrel boy to the war is gone, in the ranks of death you'll find him; His father's sword he hath girded on, and his wild harp slung behind him; "Land of Song!" cried the warrior bard, Tho' all the world betrays thee, one sword at least, thy rights shall guard, one faithful harp shall praise thee!" The minstrel fell! but the foeman's steel could not bring that proud soul under, the harp he lov'd ne'er spoke again, for he tore its chords asunder; And said "No chains shall sully thee, thou soul of love and brav'ry! Thy songs were made for the pure and free, they should never sound in slavery!"
Thomas Moore 1779-1852

Tuesday, January 16, 2007

Families Similar to Polities

"In some cases the subordinate relations are voluntary, in others they are necessary; but the duties are all compulsive. When we marry, the choice is voluntary, but the duties are not matter of choice; they are dictated by the nature of the situation. Dark and unscrutable are the ways by which we come into the world."
Edmund Burke, "An Appeal From the New to the Old Whigs"

Monday, January 15, 2007

Celebrities As Political Experts

Samuel L. Jackson recently called for a pullout from Iraq. Estase is sad to see one of his favorite actors advocating something so stupid. At least I haven't heard that Lawrence Fishburne is advocating trouble free internationalism. Morpheus is one of the coolest things in the Matrix movies. Incidentally, what qualifies actors for making pronouncements on foreign policy? It reminds me of Bishops condemning tax policy or nuclear weapons. Stick to what you've spent time thinking about, Cardinal Mahony.

Thursday, January 11, 2007

Involuntary Association

Now, though civil society might be at first a voluntary act (which in many cases it undoubtably was), its continuance is under a permanent standing covenant, coexisting with the society; and it attaches upon every individual of that society; and it attaches upon every individual of that society, without any formal act of his own. This is warranted by the general practice, arising out of the general sense of mankind. Men without their choice they are subjected to duties in consequence of these benefits: and without their choice they enter into a virtual obligation as binding as any that is actual.

Burke "An Appeal From the New to the Old
Whigs"