The Lochner Era

Bakery

The Lochner Era is a period of time in the history of the Supreme Court of the United States (SCOTUS) from 1905 to 1937. This period is described as horrible judicial conservative activism by progressives, and some nominally conservative folks too. Others describe it as a valiant defense of the Constitution and free enterprise from the rise of virulent progressive regulatory schemes. I’m in the latter category. […]

The Switch in Time that Saved Nine

OwenRoberts

The relationship between the new Republican majority in Congress to Obamacare has been much discussed. Folks following the history of US Supreme Court decisions will perhaps remember when Justice Roberts changed his mind on a crucial decision under pressure from the White House, and rendered the crucial swing vote that had the country in an uproar. […]

Kagan and Arms

It seems that US Supreme Court Justice Elena Kagan might become a Second Amendment supporter. In a recent interview in People Magazine, she describes a surprising relationship with conservative Antonin Scalia: […]

Indigestible Blocs

Obama_in_Brisbane

“I believe that this nation is the last hope of Western civilization and if this oasis of the world shall be overrun, perverted, contaminated or destroyed, then the last flickering light of humanity will be extinguished. “I take no issue with those who would praise the contributions which have been made to our society by people of many races, of varied creeds and colors. America is indeed a joining together of many streams which go to form a mighty river which we call the American way. However, we have in the United States today hard-core, indigestible blocs which have not become integrated into the American way of life, but which, on the contrary are its deadly enemies.” […]

Term Limits

VoteForMe

I’ve been thinking about the term limits issue, and came to the conclusion that the phrase “term limits” needs to be a nonstarter. Federal office is one term, period. And a limited time for bureaucrats in their positions as well. No one should be in Federal office long enough to “retire” from it. […]

Amendment B: Ballet Protection

LibertyAmendments

It’s been a while, with a few interruptions (some good and some not). Here’s an amendment that is controversial but where I am in complete agreement with Mark Levin. His language follows: […]

Amendment A: Aggregate Government Service

Term limits currently apply to the president: He or she cannot serve more than 2.5 terms. (The half term would arise in cases where the role of president was taken over because of vacancy mid-term.) Mark Levin’s proposal for this in The Liberty Amendments runs as follows: […]

Constitutional Repair

In another blog, by the estimable Citizen Tom, I engaged a pretend conservative who regularly haunts that site. The discussion post, entitled What Do We Do?, raised the issue I wrote about yesterday: How do we fix the current political problems that arise from erosion of the Constitution. Before we get into my reply to faux conservative “scout,” let’s talk about other alternatives: […]

Constitutional Concerns

The US Constitution does not need to be replaced or scrapped, as a number of folks on the left have suggested going back to President Woodrow Wilson. It does not need to be cured of its fatal flaws, so that Obama can implement redistribution of wealth and “break free” from the negative liberties placed by the founding fathers to prevent this, as Obama said in 2001. Nevertheless, there are major problems with our current government. Some examples after a design overview: […]

Christian Nation?

ObamaChristianNation

The US is not a Christian nation by official founding proclamation, and religious freedom was wisely important to the founders of the country. In this sense, the US is unlike many countries in the Middle East whose constitutions proclaim them to be Islamic nations bound by strict religious (Sharia’h) law.

Nevertheless, there are countless US […]