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

July 1, 2014

Hobby Lobby

Now, before you all lose your collective shit, I want to remind everyone of one critical fact: The Supreme Court doesn’t exist to make the morally right decision. I’m going to repeat that, blockquote it, and bold the damn thing because it’s that important. The Supreme Court doesn’t exist to make the morally right decision. [...]

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April 30, 2014

Freedom, Group Identification, and Consequences

To anyone trying to make the Cliven Bundy issue, or the Donald Sterling issue, or the Brendan Eich issue about freedom of speech… …PLEASE STOP… They are unrelated, and MOSTLY irrelevant, to free speech. None are a question of freedom of speech. All three are a question of bad PR and violating contract terms. These [...]

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October 3, 2013

It isn’t, wasn’t, aint ever gonna be…

I mentioned Social Security as an entitlement payment in my post on the government shutdown, and it raised a fairly common objection in several who read it: They don’t think of Social Security as an entitlement, or a welfare payment; they view it as their right, by virtue of having contributed to the system for [...]

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June 27, 2013

The Constitutional History Lessons You Didn’t Learn in School

More often than not, history is written by the winners and taught by individuals who love big government. Tom Woods’ Liberty Classroom has been providing a refreshing non-P.C. presentation of history that is rarely brought up. Very little of what we call history either is “settled” without controversy or without lingering questions. • What is [...]

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March 29, 2013

Gay Marriage, Religious Rights, and Freedom of Association

(Re-post: originally posted November 23, 2008) California’s Proposition 8, the ballot measure aiming to outlaw same sex marriage, passed on a very close vote. Prop 8’s supporters* pushed a campaign of fear, misinformation, and a complete distortion of the meaning of individual liberty. This campaign commercial is typical of the intolerance and hysteria being promoted [...]

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January 7, 2013

The Right to Bear Arms Highest Ranked Topic at The Liberty Papers

Every now and then I take a look at the sitemeter for The Liberty Papers to get some idea of how many people are actually reading and what they are reading. When I went to the pages ranked by entry and exit, I couldn’t help but notice how many pages were being viewed concerning the [...]

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October 31, 2012

The Basic Premise Behind Campaign Finance Laws

A great deal of ink (or film, or bits) has been expended this election cycle, primarily on the far left (though some on the right… particularly with the more populist factions), decrying the actions of “independent” political action committees, superPACs, and “issue advocacy groups”; as somehow corrupt, evil, anti-democratic etc.. The rhetoric on the left, [...]

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June 28, 2012

Did Justice Roberts Help Romney and Provide a Path to Repeal ObamaCare?

Over at Red State, Erick Ericson theorizes that Chief Justice John Roberts joined the majority opinion as a way to put ObamaCare back into the hands of the political branches to decide the law’s fate: The Democrats have been saying for a while that individual pieces of Obamacare are quite popular. With John Roberts’ opinion, [...]

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April 9, 2012

On Judge Jerry Smith’s “Homework Assignment” And Judicial Deference To The Legislature

Last Tuesday, a federal judge in the 5th Circuit, Jerry Smith, blasted a DOJ lawyer on an ObamaCare case in the wake of Obama’s comments on judicial activism. The Judge assigned the lawyer a three-page, single spaced homework assignment to draft a position on whether the judiciary has the legitimate right to overturn Unconstitutional legislation. [...]

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April 4, 2012

How far we have fallen…

Reading the point/counterpoint posts on the question of how the supreme court would decide on Obamacares constitutionality, was quite disturbing to me in several ways. On the one hand I was heartened, because clearly both Brad and Doug are sane and rational folks with a reasonably solid background in both law and politics, and a [...]

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April 3, 2012

Point: How The Supreme Court Will Find The Individual Mandate Constitutional

This is part of The Liberty Papers’ continuing Point/Counterpoint series, where two contributors (or a contributor and a guest) argue competing sides of an issue. In this installment, I will argue that the Supreme Court has a realistic defensible argument to find the Individual Mandate in ObamaCare Constitutional. Tomorrow, Doug Mataconis will respond with a [...]

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March 29, 2012

Quote Of The Day

Is there a more worthless phrase on the political landscape than “judicial activism”? And a court that gave us Bush v. Gore and Citizens United will prove conclusively that it sees no limits on its power, no need to defer to those elected to make our laws. A Supreme Court that is supposed to give [...]

Posted By: Brad Warbiany @ 10:21 am || Permalink || Comments (2) || TrackBack URI || Categories: Constitution,Quote of the Day,Separation Of Powers,Supreme Court
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January 23, 2012

SCOTUS: Police Placing GPS Tracking Device on a Vehicle Without Warrant Violates the Fourth Amendment [or Does it?]

How about some good news on the civil liberties front to kick off the week for a change? Robert Barnes writing for The Washington Post reports that SCOTUS ruled 9-0 in United States v. Jones stating that the police placing a GPS tracking device on a person’s vehicle and tracking said vehicle over days, weeks, [...]

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June 15, 2011

Montana Firearms Freedom Act: Tilting At Windmills

While I laud any state trying to expand the freedom of its residents while simultaneously thumbing it’s nose at Washington, I can’t see this ending well: On October 1, 2009, Montana passed the Montana Firearms Freedom Act, the purpose of which was to regulate guns manufactured and kept within Montana state lines under a less [...]

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March 2, 2011

SCOTUS Gets Snyder v. Phelps Exactly Right

If there is one thing that unites most Americans of every political persuasion, it would be the universal disgust of Fred Phelps and his Westboro Baptist Church. Hell, even the KKK has distanced itself from this hate group ( a very small group that consists mostly of Phelps’ family). All that said, even as disgusting, [...]

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December 30, 2010

Open Thread: Successes and Setbacks for Liberty in 2010/Hopes for 2011

Was 2010 a good year or bad year for liberty and why? Like most of you will likely respond, 2010 was very much a mixed bag IMHO. On the positive side, the mandate section of ObamaCare was found unconstitutional, the military’s “Don’t Ask, Don’t Tell” policy was repealed, Wikileaks exposed the federal government for the [...]

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August 26, 2010

Even Death Penalty Supporters Urge Ohio Gov. Strickland to Spare Kevin Keith

Its one thing when anti-death penalty activists petition a governor to pardon or commute a sentence of an individual scheduled for execution but quite another when death penalty supporters agree. Kevin Keith is scheduled to be executed by the state of Ohio on September 15th for the 1994 murders of 2 adults and 1 child; [...]

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June 30, 2010

Yes, the Second Amendment really means what it says… and that means you too Chicago

This past Monday, Samuel Alito, writing for the majority (with separate concurring opinions from Clarence Thomas and Antonin Scalia) in the case McDonald vs. City of Chicago and Village of Morton Grove; handed down what in 30 years will I believe, be held as one of (or perhaps half of a pair of, or the [...]

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June 23, 2010

Quote Of The Day

Supreme Court justice William Douglas, in the 1954 ruling Berman v. Parker (a precursor to Kelo, which “celebrates” its 5-year anniversary today): The concept of the public welfare is broad and inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature [...]

Posted By: Brad Warbiany @ 3:03 pm || Permalink || Comments Off || TrackBack URI || Categories: Constitution,Individual Rights,Property Rights,Quote of the Day,Supreme Court
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June 16, 2010

Supreme Court Opposes Nazis 90% Of Time — Kevin Drum Labels Them Ideologues

Kevin Drum, on the Supreme Court’s pro-business stance: (original linked article from Constitutional Accountability Center) A good guidepost to these rulings is the position taken by the United States Chamber of Commerce, which bills itself as the “voice of business.” Roberts’s record? In the past five years he’s sided with the Chamber 70% of the [...]

Posted By: Brad Warbiany @ 2:39 pm || Permalink || Comments Off || TrackBack URI || Categories: Business,Constitution,Supreme Court
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