Those Pesky Rules!

"All the ancient, honest juridical principles and institutions of England are so many clogs to check and retard the headlong course of violence and oppression."

Edmund Burke
Letter to the Sheriffs of Bristol

This Should Go Without Saying

As we await the elevation of Tyne Daly to the Supreme Court, Estase would like to discuss the "legal" philosophy of Ruth Bader Ginsburg. No, it isn't enough merely to make up American laws from the bench, but Ginsburg believes we now need to let legislatures in other countries vote on American laws. In an address to the American Society of International Law, Ginsburg said we, "should not . . . abandon the effort to learn what we can from the experience and good thinking foreign sources may convey." This is not a philosophical debating society we are talking about. This is the law of the United States, and looking for clever sophisms to replace our laws strikes at our republican democracy. How about speech laws from Red China, or family law from Iran? Why have a U.S. Congress if the Supreme Court is going to force us to live under other nations' laws anyway? The main reason against this is the reason we fought England to form our country- - the founding fathers did not want us to live under laws we had no voice in creating. So unless we get to vote for politicians in Sweden, Swedish laws should have no bearing on our laws.

China Confidential: Turkey's 'Trial of the Century' Begins

China Confidential: Turkey's 'Trial of the Century' Begins
Is it really surprising that the pro-Islam Hawaii Forty-Four is on the side of the would-be mullahcrats?

Limits of Judicial Review

"Nor should it ever be lost sight of, that the government of the United States is one of limited and enumberated powers; and that a departure from the true import and sense of its powers is, pro tanto, the establishment of a new constitution. It is doing for the people, what they have not chosen to do for themselves. (p. 144) Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness, or juridical research. (p157) To resign an exposition so sanctioned, would be to deliver over the country to interminable doubts; and to make the constitution, not a written system of government, but a false and delusive text, upon which every successive age of speculatists and statesmen might build any system, suited to their own views and opinions. (p 378)."

Justice Joseph Story
Commentaries on the Constitution