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Entries Tagged as 'Constitutional Issues'

The Tyranny of the Minority

November 17th, 2004 · No Comments

I’ve taken to reading blogs or foreign newspapers, since there’s no news in American “news” anymore. Every large American paper is now The National Enquirer; every televised “news” program is the Fox show. And of late, there’s been talk in those venues about the Tyranny of the Majority. I think I’ve even mistakenly commented on […]

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Tags: Constitutional Issues

A Pox on Both Houses

November 1st, 2004 · 2 Comments

Many people agree with me that this election is a matter of electing “the lesser of two evils” and not so much about electing the right man for the job. Many, however, do not; they mistakenly believe that electing the greater evil is electing the right man for the job. In this article, I’m going […]

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Tags: 2004 Presidential Election · Constitutional Issues

Nothing To Hide

September 30th, 2004 · 3 Comments

Lately I’ve been hearing a lot of people, including (particularly shocking to me) law students, say that we shouldn’t worry about losing a few constitutional freedoms if we have “nothing to hide.”

I wrote an article by that title, pondering what George Washington, Thomas Jefferson and other Founders had to hide — and explaining what’s wrong with the concept. The article extensively relies upon Montesquieu, Thomas Paine and the Federalist Papers.

If you’re interested in seeing it, just follow the link in this email!

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Tags: Constitutional Issues

Re-Adopting the Constitution

September 17th, 2004 · 5 Comments

Today’s blog entry is meant to encourage people to understand what the Constitution was meant to be, how it has come to be used against us, and how we can put things back the way they were.

Comments are invited. It’s entirely possible to post your comments directly to the website yourself. Comments have to be “approved” by me before they are posted, but I try to adhere to the First Amendment even though I’m not a government! The only posts I have ever blocked so far involve “spam” or advertising.

It can take awhile between when you submit the comment and when it gets posted, though, if I’m away from a computer, as I will be part of today. I’m going to the law library to finish writing a legal memo. But rest assured, I’ll approve all comments either periodically by using a computer at the library, or when I get home this afternoon.

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Tags: Constitutional Issues

Binding Principles

June 3rd, 2004 · 21 Comments

Abi, over at Sunpig, has a talent I don’t see much of these days — well, yes, she is an intelligent and critical thinker, but that’s not what I meant — she practices bookbinding, by hand, as a hobby. I can’t claim to be any kind of knowledgeable about bookbinding. Probably anything I know about […]

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Tags: Constitutional Issues

Scalia & the Constitution

May 22nd, 2004 · 2 Comments

As part of the research for a motion I’m writing, I’ve been reading City of Chicago v. Morales (1999) 527 U.S. 41 [119 S.Ct. 1849; 144 L.Ed2d 67; 1999 U.S.Lexis 4005]. Justice Scalia — not unpredictably — turns the United States Constitution on its head in his dissenting opinion. (Thank goodness, for now, it’s a […]

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Tags: Constitutional Issues

Free Speech And Common Sense: First Casualties In First Amendment Debates

May 5th, 2004 · 1 Comment

The debate about the First Amendment has remained lively since Janet Jackson’s Super Bowl “incident”. The FCC, supported by the administration and many right-wing Christian groups, has reacted by increasing the fines per “obscene” incident. The increases are enough that even Corporate America is taking notice. The result is that those who make a living […]

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Tags: Constitutional Issues · Freedom of Speech

Can Howard Stern Deliver the Election to John Kerry?

May 3rd, 2004 · 4 Comments

It’s hard to imagine two stranger bedfellows: Howard Stern and John Kerry. And it was Janet Jackson that arranged it. Only in America ………

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Tags: 2004 Presidential Election · Constitutional Issues · Politics-In-General · Social Issues

Where Lightning Strikes

April 15th, 2004 · 11 Comments

Since the Case of the Pledge of Allegiance brought by Michael Newdow is such a lightning rod for Christians and since that case was recently argued before the Supreme Court, I decided to read the Oral Arguments. After all, I’m (literally — Hi, Nick!) surrounded by Christians. And it strikes me as interesting that what’s […]

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Tags: Constitutional Issues · Religion

Cross Examination, Prior Bad Acts & Child Molestation

April 14th, 2004 · 11 Comments

A very good friend, who happens also to be a very good law student, sent me a link to a Fresno Bee story about a child molester who was freed from a life sentence by an appeals court on a “technicality.” The alleged victim was not available at trial because he had committed suicide. If […]

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Tags: Constitutional Issues