Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

May 29, 2010

There Is No Such Thing As “State’s Rights”

Stephen Green has an excellent column this week at Pajamas Media where he cautions his fellow libertarians to stay away from the siren call of the “state’s rights” movement: We need to give up this notion of “states’ rights.” First of all, it’s in bad taste. The phrase used to be code for “Jim Crow.” [...]

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May 17, 2010

Modern Jurisprudence is PROFOUNDLY Broken

Two contrasting stories out of the Supreme Court today, that bring home the fact that jurisprudence in this country is profoundly… hopefully not irreparably… broken. First, from the New York Times: NO MORE LIFE SENTENCES FOR MINORS WHO HAVEN’T MURDERED…. In yet another 5-4 ruling, the Supreme Court said this morning that incarcerated minors can’t [...]

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May 15, 2010

Ohio Police Officer Found Guilty In Shooting Of Unarmed Cyclist

Yesterday, an Ohio jury found a local police officer guilty in the shooting of an unarmed motorcyclist: TOLEDO, OHIO — A Lucas County jury has found an Ottawa Hills police officer guilty of felonious assault in the May 2009 shooting of a motorcyclist. After over five hours of deliberations, a jury found that part-time Ottawa [...]

Posted By: Doug Mataconis @ 9:45 am || Permalink || Comments Off || TrackBack URI || Categories: Constitution,Crime and Punishment,Individual Rights,Legal,Police Watch,The Bill Of Rights
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May 12, 2010

Gay Marriage, Religious Liberty, And The Case Of One 8 Year-Old Boy

The latest battleground in the ongoing debate over gay marriage and religious liberty is taking place in Massachusetts: BOSTON (AP) — A Roman Catholic school in Massachusetts has withdrawn its acceptance of an 8-year-old boy with lesbian parents, saying their relationship was “in discord” with church teachings, according to one of the boys’ mothers. It’s [...]

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April 14, 2010

Flex Your Rights Presents: 10 Rules for Dealing with Police

The Bill of Rights provides citizens basic protections against unlawful searches and seizures via the Fourth Amendment, protections against self incrimination via the Fifth Amendment, and the right to an attorney via the Sixth Amendment. On a theoretical level, most people probably know this but what does this mean on a practical level? If the [...]

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March 26, 2010

Federal Court Gives Freedom Of Speech Another Victory Over McCain-Feingold

A Federal Appeals Court in Washington, D.C. put another nail into the coffin of the monstrosity that is the McCain-Feingold campaign finance law: A federal appeals court on Friday handed another victory to conservative opponents of campaign-finance restrictions, striking down limits on individual contributions to independent groups who want to use the money for or [...]

Posted By: Doug Mataconis @ 10:29 am || Permalink || Comments Off || TrackBack URI || Categories: Constitution,Free Speech,Individual Rights,The Bill Of Rights
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March 24, 2010

SCOTUS, Not Gov. Perry, Grants Hank Skinner a Reprieve

Hank Skinner will not be executed today. With about an hour left before Skinner was to be taken to the death chamber, SCOTUS put an immediate halt to the process. Michael Graczyk of the Associated Press reports: The brief order grants him the delay but does not ensure he will get such [DNA] testing. Perry [...]

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January 27, 2010

Opening the floodgates…

From tonight’s State of the Union address: “Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to spend without limit in our elections,” Obama said. “Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by [...]

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January 21, 2010

Supreme Court Strikes A Blow For Free Speech

By driving a stake through the heart of McCain-Feingold: WASHINGTON — The Supreme Court ruled Thursday that corporations may spend as freely as they like to support or oppose candidates for president and Congress, easing decades-old limits on business efforts to influence federal campaigns. By a 5-4 vote, the court overturned a 20-year-old ruling that [...]

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January 20, 2010

Gay Marriage — Far LESS Harmful Than Democracy

I’d like to claim that I’m not one to pick nits — but I’d be lying. So here is exhibit 10,483 in the “Brad takes part of a post he agrees with and spins it way out of context.” The base post is about marriage and in support of gay marriage. But I found this [...]

Posted By: Brad Warbiany @ 5:16 am || Permalink || Comments (5) || TrackBack URI || Categories: Democracy,Individual Rights,The Bill Of Rights,Theory and Ideas
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January 11, 2010

President Obama establishes Council of Governors by Executive Order

Brad just asked what people are reading today.  President Obama just provided some interesting reading material indeed. Here’s the opening text from an Executive Order dated January 11, 2010: EXECUTIVE ORDER ESTABLISHMENT OF THE COUNCIL OF GOVERNORS By the authority vested in me as President by the Constitution and the laws of the United States [...]

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November 17, 2009

We are not a Democracy, we are a Republic

This is as succinct, and as masterful a description of the relationship between the rights of man, and the government of a free state, as I have yet seen. “I cannot, and will not, consent that the majority of any republican State may, in any way, rightfully restrict the humblest citizen of the United States [...]

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September 22, 2009

Quote Of The Day

From Ian Millhiser, who derides “tenthers”, the folks who actually believe the 10th Amendment was designed as a meaningful check on the federal government. More important, there is something fundamentally authoritarian about the tenther constitution. Social Security, Medicare, and health-care reform are all wildly popular, yet the tenther constitution would shackle our democracy and forbid [...]

Posted By: Brad Warbiany @ 8:26 am || Permalink || Comments (1) || TrackBack URI || Categories: Constitution,Quote of the Day,Separation Of Powers,The Bill Of Rights
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September 17, 2009

Happy Constitution Day

Two Hundred Twenty Two years ago in Philadelphia, the Constitution Convention in Philadelphia completed it’s work. At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results, and as Benjamin Franklin emerged from the long task now finished, asked him directly: “Well Doctor, what have we [...]

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August 20, 2009

Disturbing Quote of the Day

“This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim [...]

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July 29, 2009

Obama, Gates, Crowley, and the Troubling Controversy that Seemingly Won’t Go Away

Up to now I have purposely avoided this whole disorderly conduct arrest of Henry Louis Gates Jr. for a number of reasons. First reason being that compared to the other cases I’ve written about here and elsewhere, this is a very minor case of police misconduct. I have yet to read or hear any reports [...]

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The Arrest Of Henry Louis Gates Was Unconstitutional

So says Fox News Channel Legal Analyst, and former Judge, Andrew Napolitano: Civil liberties attorney Harvey Silvergate agrees: Under well-established First Amendment jurisprudence, what Gates said to Crowley–even assuming the worst–is fully constitutionally protected. After all, even “offensive” speech is covered by the First Amendment’s very broad umbrella (…) Today, the law recognizes only four [...]

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July 1, 2009

Common Ground for the Left and the Right on the Bill of Rights

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June 26, 2009

If Government Ran Healthcare…

First a little humor in this Sprint Spoof from Reason.tv Now Dr. Ron Paul’s prescription for reforming healthcare in America

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June 25, 2009

SCOTUS Returns to Sanity in School Strip Search Case

It seems that most of the time the U.S. Supreme Court is divided 5-4 on what should be very basic Constitutional principles (such was the case I wrote about in my most recent post). But once in awhile, SCOTUS does the unthinkable and actually upholds the Constitution. In Safford Unified School District #1 et. al. [...]

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