Opinion from a Libertarian ViewPoint

Posts Tagged ‘SCOTUS’

Texas GOP chairman suggests ‘Constitution-abiding states should form a UNION’ after SCOTUS tosses election suit — RT USA News

Posted by M. C. on December 14, 2020

Constitution Abiding…that lets Pennsylvania out.

The Texas Republican Party chairman has blasted the Supreme Court for establishing a “precedent that says states can violate the US Constitution and not be held accountable,” and proposed a new “union of law-abiding states.”

State GOP chair Allen West floated the idea on Friday following a decision by the nation’s highest court to throw out a lawsuit brought by the Texas attorney general, which alleged that mail-in voting measures introduced in a number of states before the 2020 race were unconstitutional.

The Supreme Court… has decreed that a state can take unconstitutional actions and violate its own election law,” West said of the ruling, noting that the lawsuit was “joined by 17 states and 106 US congressmen.” 

This decision establishes a precedent that says states can violate the US Constitution and not be held accountable… Perhaps law-abiding states should bond together and form a union of states that will abide by the Constitution.

Texas GOP Chairman Allen West’s Response to SCOTUS Decision:— Ryan Saavedra (@RealSaavedra) December 12, 2020

Brought by Texas AG Ken Paxton, the suit looked to bar four key battleground states – Georgia, Pennsylvania, Michigan and Wisconsin – from casting their electoral votes, asking the court to shift the selection of new electors to the state legislatures. Seven out of nine justices ruled to dismiss the case on Friday, however, stating that Paxton had not “demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.” Though Justices Samuel Alito and Clarence Thomas issued a dissenting opinion, they, too, said they would not have granted relief to the case, only suggesting that the court should hear the complaint.

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Turning the Clock Forward – American Thinker

Posted by M. C. on October 1, 2020

by Christopher Garbacz

If America returned to 1950s family values with obvious improvements (constitutional civil rights and reasonable environmental regulations), would we be turning the clock back or forward? There is substantial evidence that this would turn the clock forward, given society’s backward trend over the last sixty years –family breakdown, retreat from religion, and educational and moral malaise. When Attorney General William Barr spoke at the Notre Dame Law School, he attributed this decline primarily to the progressive movement.

Amy Wax and Larry Alexander argued for a return to 1950s values (the bourgeois culture that reigned from the 1940s to the mid-1960s) to mend America’s torn social fabric and disparate class gap:

That culture laid out the script we all were supposed to follow: Get married before you have children and strive to stay married for their sake. Get the education you need for gainful employment, work hard, and avoid idleness. Go the extra mile for your employer or client. Be a patriot, ready to serve the country. Be neighborly, civic-minded, and charitable. Avoid coarse language in public. Be respectful of authority. Eschew substance abuse and crime.

Wax and Alexander do not offer a path back to the script. Congress has no will to act, and the President cannot legislate. However, a revitalized federal court system, starting with the Supreme Court (“SCOTUS”), can lead the way. President Trump has moved the Court in the direction that would allow it to reverse past activism. Putting a strict constructionist in Justice Ginsburg’s seat is the precursor to another four years of Trump that would move the federal courts in this direction for decades to come.

This essay suggests ten key areas of change for SCOTUS, each of which could help turn America around. These changes might not contain all that needs to be done to restore the republic, but they would move us far down the path. These categories allow a cohesive, united country to emerge to solve our problems in an innovative process not possible under the current administrative state.

Category I. Taxation. Read the rest of this entry »

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Schumer’s SCOTUS Threat Reveals the Ugly, Eternal Truth about Power – Foundation for Economic Education

Posted by M. C. on March 7, 2020

“The intoxication with power is worse than drunkenness with liquor and such, for he who is drunk with power does not come to his senses before he falls.” – From The Mahābhārata, a Sanskrit epic poem, said to be the longest poem in world literature.

Power, like a desolating pestilence,
Pollutes whate’er it touches; and obedience,
Bane of all genius, virtue, freedom, truth,
Makes slaves of men, and of the human frame
A mechanized automaton.’

Percy Bysshe ShelleyQueen Mab (1813), Part III

Is there any plainer evidence of Shelley’s admonition than Senate Minority Leader Chuck Schumer’s thuggish threat aimed at two Supreme Court Justices recently?

The headline to a National Review article by David Harsanyi summed it up beautifully: “Schumer to Gorsuch and Kavanaugh: Nice Little Court Ya Got There; Hate to See Anything Happen to It.”

A proud, self-proclaimed “progressive” from a large state and the highest-ranking Democrat in the upper house of Congress, Schumer is a politician of considerable influence and responsibility. His threats drew cheers from his audience but widespread opprobrium from decent, thoughtful people everywhere.

Civil Society, Uncivil Behavior

Where does ugly intimidation fit into a civil society? Does it comport with a government built upon separation of powers, checks and balances, the rule of law and protection for individual rights and liberties? No it doesn’t, period. No ifs, ands, or buts about it.

Schumer’s menacing rhetoric is only a shade less graphic than “We want our way, so burn the Reichstag.” It betrays an end-justifies-the-means mentality. It illustrates an elitist ‘we’re better than you” attitude. It shows disdain for the concepts and institutions that keep the ancient beast of tyranny at bay. And, if I may read between the lines, it suggests that at its core, “progressivism” is all about one thing—and it’s not “compassion” or “the people” or “doing good.”

It’s all about raw power, something which Henry Kissinger once labeled “the ultimate aphrodisiac.”

Could you really trust someone who does evil in the name of doing good? Not me, not for a second. There’s a fundamental contradiction in that formula and it never ends well. It invariably reveals a fatal character flaw, made all the more sinister by the deception and concealment.

We would do well to remember, as economist Milton Friedman put it, that “The power to do good is also the power to do harm. Concentrated power is not rendered harmless by the good intentions of those who create it.”

Schumer may think it’s cute to throw his weight around in such cavalier fashion. When called on it, his first response was to compound the sin by lying about it. But this is deadly serious business, as the history of the decline of republics shows. Let’s take a look at this thing we call power, the lust for which was expressed in Schumer’s fulmination.

As I wrote in an article about the collapse of the ancient Roman Republic, power “is the most corrosive influence in the affairs of humankind. It’s a mental poison that twists and warps even the best of men and women if they allow it to take root in their souls.”

As I explained then, power is an unhealthy desire to exercise control over others and “simply the pursuit of it, whether one ultimately attains it or not, is itself an intoxicant.”

Don’t just take my word for it. Here’s a selection of some of the most incisive remarks ever said or written about power, beginning with the famous passage from Lord Acton in 1887:

  1. “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you super-add the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it.”
  2. “Every Communist must grasp the truth: Political power grows out of the barrel of a gun.”Mao Tse Tung, the bloodiest dictator in world history.
  3. “All history is only one long story to this effect: Men have struggled for power over their fellow men in order that they might win the joys of earth at the expense of others, and might shift the burdens of life from their own shoulders upon those of others.” – Classical liberal and social scientist William Graham Sumner.
  4. “The impulse of power is to turn every variable into a constant, and give to commands the inexorableness and relentlessness of laws of nature. Hence absolute power corrupts even when exercised for humane purposes. The benevolent despot who sees himself as a shepherd of the people still demands from others the submissiveness of sheep. The taint inherent in absolute power is not its inhumanity but its anti-humanity. – Longshoreman and philosopher Eric Hoffer.
  5. “The intoxication with power is worse than drunkenness with liquor and such, for he who is drunk with power does not come to his senses before he falls.” – From The Mahābhārata, a Sanskrit epic poem, said to be the longest poem in world literature.
  6. “The most improper job of any man, even saints (who at any rate were at least unwilling to take it on), is bossing other men. Not one in a million is fit for it, and least of all those who seek the opportunity.” – Fantasy author J. R. R. Tolkien in a 1943 letter to his son Christopher.
  7. “Power will intoxicate the best hearts, as wine the strongest heads. No man is wise enough, nor good enough to be trusted with unlimited power.” – English cleric Charles Caleb Colton.
  8. “The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power. What pure power means you will understand presently. We are different from the oligarchies of the past in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites…We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power.” – Novelist George Orwell in 1984.

The face of power rarely gives itself away so blatantly as Senator Schumer’s ugly remarks. That’s another reason why it’s able to deceive. Most of the time, the power-besotted are smart enough to smile, to kiss babies, to promise you free stuff and otherwise suck you into their “loving” embrace. Take a look at the grandmotherly photos of Nexhmije Hoxha in her recent obituary in The New York Times.

Hoxha looks so sweet in that sweater, you might think. If you read the obituary itself, however, you’ll discover what a vicious, unrepentant tyrant she was. She’ll not be missed by anyone with even half a conscience. Power was her modus operandi and her raison d’être.​

Given what I’ve learned from history, politics, economics, and human nature, my advice to my fellow citizens regarding power is this: Don’t be smitten or dazzled by it; as public choice theory proves, those who exercise it put their pants on one leg at a time just like you. Be wary of it in the hands of anyone; it can take even the best of people and turn them into monsters. Recognize the inherent trade-off; the more that power is bestowed on others, the less liberty and choice you’ll retain for yourself.

And finally, let’s take to heart this wise observation attributed to British Prime Minister (and classical liberal) William Ewart Gladstone:

We look forward to the time when the power of love will replace the love of power. Then will our world know the blessings of peace.

Be seeing you

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