Category Archives: Supreme Court

Checks and Balances

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[pullquote]the three branches are still one government[/pullquote]We are familiar with our tripartite form of government, wherein each of three branches acts to check the impulses and balance the actions of the other two.  There is another level at work here, and I find it clarifying to recall that the three branches are all still subdivisions of one entity, the government.  The other trinity here is a set of relationships between God, Man, and government, and this is made explicit in the Declaration of Independence.

As a rule of thumb, I find that where Constitutionality comes into play, I prefer whichever course brings the status of things in closer accord with the Declaration.  This sort of action is typically undertaken by the Supreme Court, but is not limited to … Continue reading →

Supreme Court On Trial

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This pivotal case before the Supreme Court is a bridgehead for a conservative restoration of government.  Our government is required by law to be run according to the Constitution, not according to the counter-Constitutional wishes and dreams of progressive Supreme Court Justices.  The question is, upon which shore will this bridgehead be located?

  • If ObamaCare is upheld, then the Supreme Court demonstrates itself sufficiently unmoored by generations of complicated precedent from the plain meaning of the Constitution that it no longer has the moral authority to interpret the document.
  • If ObamaCare is struck (stricken?) down by the Court, then the full function and trend of the government stands accused of the same problem, but by the Supreme Court rather than just by the supposed “rabble” of the … Continue reading →

Legal Question

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[pullquote]Sen. Kent Conrad (D-N.D.) called the CLASS Act “a Ponzi scheme of the first order” — WaPo 2009[/pullquote]If a law is made under fraudulent circumstances, is it a law?  I realize that this is ridiculously vague, and I just happen to have an example in mind — ObamaCare.  It is my understanding that (let me be brief) the Slaughter rule was not invoked because budget-neutral reconciliation offered a way to pass the bill piecemeal, but only with the addition of the CLASS Act.  Well, the CLASS Act fell away long ago, and nobody was suroprised–it was always doomed to fail, an accounting trick designed to make the bill eligible for reconciliation rather than committee work on new bills.  Or something.

I realize that the … Continue reading →