Waiting For Bureaucrats To Say It’s Time To Make The Donuts
One of the benefits of reading a lot of judicial opinions, as I do, is that you get to see a lot of retail examples of how our government operates at its most legalistic-bureaucratic. Yesterday’s opinion by the U.S. Court of Appeals for the First Circuit in River Street Donuts, LLC v. Napolitano is a wonderful little vignette about a bureaucratic system run amok.
How Is This HopeAndChange?
Linky, link link: Reporting from Washington — Harvard Law Dean Elena Kagan, President Obama’s choice to represent his administration before the Supreme Court, told a key Republican senator Tuesday that she believed the government could hold suspected terrorists without trial as war prisoners. She echoed comments by Atty. Gen. Eric H. Holder Jr. during his confirmation hearing last month. Both agreed that the United States | Read More »
America’s First African-American (Acting) President
The Volokh Conspiracy relays the legal analysis of one Professor Ken Katkin, who wonders in print who was president betwen the time President Bush’s term expired at noon on Tuesday, and President Obama took the oath of office late at 12:04. Its a thought experiment more than anything, but its a fun one. (1) The 20th Amendment provides that “[t]he terms of the President and | Read More »
Questions For Eric Holder
Courtesy of Tim Lynch. The questions, of course, are all based on Holder’s record in public service. Given that record and given the bizarre stances that he has taken–seriously, look at Question No. 6 and ask yourself how it is possible that a nominee for Attorney-General of the United States could try to foster content-based speech restrictions on political opponents of Bill Clinton–the question arises | Read More »
The Serial Pardon Advocate
Between the Marc Rich pardon and that of FALN terrorists, the question isn’t whether Eric Holder ought to be denied confirmation as the next Attorney-General. The question is why this nomination should be allowed to last even one more day and why the President-elect has not yet pulled the plug on it. Don’t believe me? Then read this. As Andy McCarthy notes: We’ve heard a | Read More »
Civil Libertarian Alert
Attorneys-General who have a past of seeking to undermine the Sixth Amendment right to counsel are no friends of civil liberties. I had thought that the Marc Rich pardon was the biggest strike against Eric Holder. Turns out that something potentially even bigger is out there. I want lots and lots and lots of Judiciary Committee hearing questions on these issues. The phrase “What were | Read More »
California: a bastion of sanity
Two quick news stories in California crossed my field of view in the past few days which I found, er, interesting, to say the least. First, if you ever happen to visit California and I happen to be in a car crash while you’re present, do not under any circumstances move me out of the car if you think the car might explode. If you | Read More »
Where, in the excerpts discussed here, did the Vice President of the United States say that the President has the right “to dissolve the Constitution”? Cheney gave a general answer to a vague question and pointed out the obvious fact that the President does not have to consult Congress before launching nuclear weapons–mostly because in a launch situation, there would be no time for such | Read More »
The Unconstitutionality Of Card Check
Richard Epstein does the compelling analysis. From a political standpoint, card check legislation is so egregiously bad and unpopular that any opponent would be tempted to welcome a political fight over it, in the hopes that in the process of defeating card check legislation, opponents could also inflict some serious political wounds upon those who support such legislation. To be sure, there is the danger | Read More »
Justice Breyer Is Whitmanesque
Stuart Buck points out that for all of Justice Breyer’s paeans in favor of applying foreign law in Supreme Court cases, he was unwilling to consider evidence from foreign jurisdictions in Zelman v. Simmons-Harris demonstrating that school choice would not cause “social dissension” through “religious favoritism.” I have always opposed the applicability of foreign law as precedent in American court cases because–among other reasons–it would | Read More »
Penn. Democrat: ‘Who Really Cares’ About the Constitution?
Democrats do not see the Constitution as a limit on their actions. In fact, Democrats don’t see any rules or laws as limits on what they think they can do. They imagine that they can do anything they want no matter what the law says. Democrats are essentially lawless creatures. Further proof of this came this week in the Pittsburgh City Council during the debate | Read More »
Dem’s always ignore this Law (and we all pay)
We’ve all seen it, and you can make use of this Diary to recap the countless occurrences of, when Democrats do not think through the Legislation, Regulations, etc… that they push through and impose on Americans. They, without regard to reasoned objections, rule with the old 60’s philosophy of “If it Feels Good, Do It.” Anything that perpetuates Government (especially when it’s Liberals that will | Read More »
, Contract With America
, political science
It’s TREASON, I Tell You!
Treason! The word is thrown about quite a lot lately. Unfortunately, it is almost always hyperbole. Oh, Americans think they know what treason is, but when you get right down to it, few really do — at least in an American legal context, anyway. Webster’s defines traitor as one who betrays another’s trust or is false to an obligation or duty, one who commits treason. | Read More »
Open Letter to Steve Schmidt and Rick Davis: It is my feelings that you should address the latest thought being bounced around the airwaves tonight. The thought I am referring to is… “ Who would you want as president should the economic downturn spiral into civil disruption. Who would you want as president if we had to declare martial law?”No doubt that man should be | Read More »
Obama’s character? Actions speak louder than words.
Who is Barack Obama? We read in the Bible: “by their fruits ye shall know them” (Matt. 7:20). It really does not matter what Barack says, because that may not be the truth. What Barack has done is important, because actions do not lie. When paying respect to our country and the American flag, does Barack place his hand over his heart? You would expect | Read More »
, Bill Ayers
, Jeremiah Wright