February 8, 2012

Seriously, People, the 9th Amendment to the United States Constitution Does Exist!

I was reading a political forum tonight - this one happened to be for far right wing activists - and I was astounded that the usual chorus of "show me in the constitution where that right exists" was especially loud.  Just so I can get it out of my system, please let me remind everyone that the constitution itself specifically states in Article IX that NOT all constitutional rights are listed in the constitution and that by listing some (e.g., religion, guns, etc.) it in no way takes away from … [Read more...]

The Cult of the Majority (or You Don’t Have a Right to Vote for the President of the United States)

Electoral College to Elect Obama

Countless Americans mistakenly believe that the constitution says we are a nation, "of the people, by the people, and for the people".  They don't realize that line came halfway through the nation's history in the Gettysburg Address by President Lincoln and isn't part of our constitutional framework at all. Consider, for a moment, that people actually believe they have the right to elect the President of the United States!?  It is completely absurd, but they believe it is their … [Read more...]

Some Things to Think About the IX Amendment of the United States Constitution

bill-of-rights-01.jpg

I happened to re-read some of Justice Scalia's opinions tonight and in his Evans dissent, Scalia stated: Since the Constitution of the United States says nothing about this subject, it is left to be resolved by normal democratic means ... I think that this sort of belief is dangerous, illogical and foolish, especially in light of the IX Amendment to the United States Constitution, which is part of the Bill of Rights, which founding father Madison demanded so people wouldn't foolishly declare … [Read more...]

Which Supreme Court Justice Are You? (I’m Anthony Kennedy)

justice-anthony-kenned-supreme-court

I just took the test rated highest for accuracy answering the question "Which Supreme Court Justice Are You?". Turns out, like the famous world's-smallest-political-test I took the other day, I really am a centrist.  I match Justice Kennedy 72% of the time, and he is the swing vote on the court that makes most of the decisions.  Justice Thomas, Justice Alito and Chief Justice Roberts were close runners-up based upon my answers. The criticisms from the far right of Kennedy are that he … [Read more...]

My Analysis of Judge Walker’s Proposition 8 Ruling, Perry v. Schwarzenegger, Legalizing Gay Marriage in California (and Possibly the Entire United States)

Perry v. Schwarzenegger Ruling from Judge Vaughn Walker Analysis

I finally got through the ruling from Judge Vaughn Walker in Perry v. Schwarzenegger which overturned Proposition 8 as unconstitutional and it is scathing.  I have never read anything worded this strongly other than Scalia's dissent in Lawrence v. Texas where you could virtually hear the man shrieking with fists flying (and I say that having tremendous, enormous respect for Justice Scalia's intellect, which at times, soars to the level of an apostle preaching legal gospel). Perry v. … [Read more...]

Is the Phrase “Unelected Activist Judge” an Insult or a Compliment?

Judicial Activism and Activist Judges

I've been too busy to post my reaction and thoughts on the Perry v. Schwarzenegger ruling from the district court that struck down Proposition 8 as unconstitutional and made gay marriage legal.  I'll try to get to that in the next few days but the businesses must come first. (You know my rule: Unless I've read something completely, I try not to discuss it or give an opinion.  I wanted to get through the entire 136 pages of Judge Walker's opinion before commenting.)  UPDATE: My analysis of the … [Read more...]

Is There a Separation of Church and State in the United States?

Separation of Church and State

A friend from college and I have been discussing whether the separation of church and state is what the founders intended and whether it is a good or bad thing for society.  After a few years of studying the issue, here are my conclusions.  I'll keep it as brief as I can. I despise intellectual dishonesty more than almost anything else. The simplest definition of intellectual dishonesty is when someone knowingly excludes information or data that would hurt his or her own point of view … [Read more...]

The Tragedy of a Flag Burning Constitutional Amendment

United States Constitutional Amendment Ban Flag Burning

You all know that I can tolerate almost any political point of view as long as the person espousing it can intelligently explain their reasons for their beliefs and support it with facts and data. For example, although I don't personally agree, Ebenezer Scrooge in A Christmas Carol didn't believe in charity because he thought the poor should either work or starve to death because he himself had worked his way up to success.  I think that is bad public policy, but Scrooge was … [Read more...]