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Law

Posted on in Law/News

Kavanaugh, Barrett Side With Supreme Court Liberals In Christian Florist Case

Two of the Supreme Court justices appointed by President Trump, Brett Kavanaugh and Amy Coney Barrett, sided with the liberal wing of the Supreme Court in the case of Arlene’s Flowers v. Washington, which concerned the constitutionality of state level mandates for Christian florists to provide flowers for gay weddings. Kavanaugh, Barrett, the Bush-appointed John Roberts, and the three liberal justices united to ensure the Supreme Court would not hear this case, thereby affirming a lower court judgement. Meanwhile three conservatives judges indicated that they had supported hearing the case – Clarence Thomas, Samuel Alito and another Trump appointee, Neil Gorsuch. Keep Reading

Posted on in Law/News

Supreme Court Declines Rand Paul Attacker’s Appeal

The U.S. Supreme Court has declined an appeal made by Rene Boucher, a man who brutally attacked Rand Paul in 2017, after the 6th Court of Appeals declared his initial District Court sentence too lenient, the Washington Examiner reports. Boucher had petitioned the Supreme Court for a review of the case after the Court of Appeals had made clear he may be facing more jail time than he had expected, arguing that this constituted double jeopardy. Keep Reading

Posted on in Law/Politics/World

Peter Tatchell and the Total State

I have some respect for Peter Tatchell. He campaigned against the anti-homosexual laws before this was a safe thing to do. He has shown courage on other issues. This being said, I am troubled by his latest set of recommendations. Writing on the 8th January 2018 for The Friends of Europe blog, he declares that “equal rights are not enough.” It is not enough for people to be treated equally before the law. It is also necessary for children to be brainwashed into agreeing with him. He says: Keep Reading

Posted on in Law/Politics

Christie v. NCAA: The Modern Fight For The Tenth Amendment

In modern America, the Bill of Rights is treated as a suggestion booklet. The Second Amendment states that the right to keep and bear arms shall not be infringed, through it is often limited and watered down by excessive regulation. The Fourth Amendment protects people from unreasonable searches and seizures, though the federal government regularly violates people’s privacy in the digital age. These are just some of the many numerous examples. And then there’s the Tenth Amendment. The Tenth Amendment has a fairly straight-forward premise. Whatever is not specifically authorized for the federal government or prohibited for the states is… Keep Reading

Posted on in Law/Philosophy

It’s Not About Baking The Cake, It’s About Property Rights

A big headliner in the news lately is the Supreme Court Case, Masterpiece Cakeshop v. Colorado Civil Rights Commission. This case originated when Christian bakers refused to bake a cake for a gay wedding. Since then, leftists have seized the opportunity to label the bakers as “homophobes” or “discriminating” in their actions to deny the gay couple their wedding cake. They argue that the couple were victims of discrimination that is being masked as religious freedom. Alternatively, the opposing side argues that the bakers’ denial of their service is a free speech right and that they are acting in conviction of… Keep Reading

Posted on in Law/News

Senate Will Attach Controversial Surveillance Power Renewal To Must-Pass Legislation

Congress has had a difficult year with a great deal of infighting, both across parties lines and within party lines. Democrats have failed to come together as a party while Republicans have failed to accomplish much of anything with their majorities. December promises to be a critical month with a number of critical issues upcoming, including tax reform and keeping the government funded. Another issue that will be a battle is the renewal of the controversial Section 702 surveillance powers, which are set to expire at the end of the year. Speaking recently, Senate Intelligence Committee Chairman Richard Burr stated… Keep Reading

Posted on in Law/Politics

Is Cellphone Location Data Protected By The Fourth Amendment?

When the Bill of Rights was drafted and ratified, the United States of America was a different time. It was undoubtedly a simpler time. When privacy protections were passed, it was very clear at the time. The government would need a warrant to enter your personal property or search you personally. Any search could not occur without authorization from a judge. Technology poses a new challenge for the courts. Given how close the world has become due to it, security has new concerns. But do these security concerns trump the Fourth Amendment? The Supreme Court is now considering a case… Keep Reading

Posted on in Law/Politics

Attorney General Jeff Sessions Doesn’t Believe In The Tenth Amendment

Federal government officials who believe in the Constitution and limited government are generally a rarity. In modern American politics, the federal level is expected to do most things in society. Lower level governments from state to municipal are merely administrative extensions to the will of the top. It’s the type of structure that is contrary to the vision laid out by our founders, and the natural downfall of any republic. In recent decades, this has accelerated. In the post-9/11 America, former President George W. Bush used the tragic terrorist attacks of September 11th, 2001 to massively grow the federal government.… Keep Reading

Posted on in Law/Politics

Governor Jerry Brown Is Correct To Veto Presidential Tax Return Legislation

During last year’s presidential election cycle, then-candidate Donald Trump created a firestorm and regularly fanned the flames by repeatedly refusing to release his tax returns. While there is no actual law on the books requiring candidates for office to release such personal tax documentation for public consumption, it’s been a generally accepted tradition. The refusal to release his tax returns was a rallying call for Democrats. Liberals, both moderates and progressives alike, united to sound the alarm at what they portrayed as totalitarian. Does the public have a right to view a candidate’s tax return? Legislation has been popping up… Keep Reading

Posted on in Culture/Law/Politics

DACA And The Dream Act, Part 4

The progressive socialists, the media, and even some RINOs are marching in lockstep, and using illegal sob stories in an attempt to force the citizens of this country to accept the untold illegal aliens in our country at present. The approximate 800,000 DACA immigrants are called “Dreamers” in an attempt to revive the “DREAM ACT” that Congress refuted years ago. The elite socialists and corporatists who are proponents of making the illegal immigrants legal are safely ensconced in their gated communities with no real clear idea of the state of the economy or the middle class that has been living… Keep Reading

Posted on in Law/Politics

Five Reasons Libertarians Can Support Judge Roy Moore

I worked as Roy Moore’s staff attorney for over three years and know him well. Depicted as a right-wing loon, he’s actually a pensive man who authored thoughtful opinions as chief justice of the Alabama Supreme Court. Five opinions written by Moore stand out as reasons libertarians could support him in the Alabama primary to fill the U.S. Senate seat once held by Jeff Sessions. Like most of his opinions, these received little fanfare or notice. Keep Reading

Posted on in Culture/Law/Politics

DACA And The Dream Act, Part 2

There are many different sides that need to be looked at in relation to the Deferred Action for Childhood Arrivals (DACA) program, and questions that must be answered.  One question that has not been answered is: why are the beneficiaries of DACA called “Dreamers” by the media and progressive socialists pushing it forward? Could it be that the name was given to these illegal immigrants by Obama to tie them to the Dream Act? As mentioned in part one of my series, Sen. Chuck Schumer (D-NY) and Rep. Nancy Pelosi (D-CA) have already declared that there would be another Dream… Keep Reading

Posted on in Law/Tech

Should 3D Printing Real Or Airsoft Guns Be Legal?

The demand for guns in the United States is at or near an all-time high, and as the urgency increases so too does the number of FBI background checks that are carried out on new gun purchases. Firearm legislation is a hotly contested topic these days, which is causing those in the pro-gun camp to clutch their weapons tighter and scramble to purchase more. The next big question on everyone’s mind seems to be whether or not the public should have the right to print their own guns, and let’s just say the debate so far has been pretty polarized.… Keep Reading

Posted on in Law/News

Trump Nominates Libertarian Favorite Don Willett To Federal Appellate Court

President Donald Trump has nominated Texas Supreme Court Justice Don Willett to the Fifth Circuit of the U.S. Court of Appeals. Willett is known as a champion of restraining bureaucracy and interpreting regulations in a limited way. In 2015, he was described by Reason‘s Damon Root as producing “the most libertarian legal opinion ever written” during a case regarding whether eyebrow threaders ought to be required to hold licenses in order to remove eyebrow hairs with cotton threads. Keep Reading

Posted on in Law

The American Bar Association Stifles Legal Education

The Accrediting Council on Education in Journalism and Mass Communications is a nonprofit accrediting agency for journalism programs. Bradley Hamm, the dean at Northwestern’s Medill School of Journalism, has called the council’s accreditation-review process “flawed,” “superficial,” “extremely time-consuming,” and “sort of a low bar.” So he’s gotten out. Northwestern University has effectively terminated its relationship with the council, calmly embracing its new status as unaccredited. The online journal Inside Higher Ed, which points out that the Graduate School of Journalism at the University of California, Berkeley, has done the same, quotes Dean Hamm as saying that, “as we near the… Keep Reading

Posted on in Law

The Tragedy of the Commons in the Courtroom

As many who follow websites like mises.org already know, Ross Ulbricht was sentenced to life in prison for running a dark web drug marketplace known as Silk Road under the pseudonym Dread Pirate Roberts. After receiving his sentence — a deliberately harsh ruling for a man barely in his thirties — Ulbricht’s defense team began to work on his appeal. On May 31, Ulbricht lost the appeal, meaning that his life sentence will stand. To libertarians, this is a tragedy. Even for many supporters of the Drug War or at least some regulation of narcotics, Ulbricht’s punishment was far from… Keep Reading

Posted on in Law/Politics

Supreme Court reins in the lower courts and yields to Congress

Last month, in a 7-1 decision (Justice Breyer dissenting), the Supreme Court issued an order that should warm the hearts of every originalist. In the case of SCA Hygiene Products v. First Quality Baby Products the Court ruled that judges do not have the authority to change the statute of limitations as enacted by Congress. In 1952, Congress enacted 35 USC §282 which established a six-year statute of limitations in patent infringement cases. This statute allowed an inventor to recover damages for the six years prior to their filing a case. However, the courts had decided that Congress did not… Keep Reading

Posted on in Law/Politics

Texas Voter ID Misruling

Federal judge Nelva Gonzales Ramos – on a mission to “persist” perhaps – ruled last week that Texas’ voter ID law not only discriminates against minorities and/or the poor and/or the “disenfranchised” – but does so intentionally. That the judge was appointed by former President Barack Obama probably has nothing at all to do with her myopic legal views or her contrived and misguided ruling. It’s unfortunate that ideologically driven judicial rulings attempting to satisfy a political agenda continue to remain obstructions to justice and the expressed will of the people. For the past ten years, voters elected Republicans to both houses… Keep Reading

Posted on in Law/News

War Powers Debate: John Yoo vs. Jonathan Turley

On March 29, 2017, the George Washington University Law School’s branch of the Federalist Society hosted a debate between Professor John Yoo of Berkeley Law and Professor Jonathan Turley of GW Law. The topic of the debate was the delegation of war powers under the United States Constitution. Yoo is best known for the now infamous memo he wrote as a member of the Justice Department in the early 2000s that argued in favor of the authority of the executive to use “advanced interrogation techniques” on enemy combatants. Turley is best known as a civil libertarian who has represented members… Keep Reading

Posted on in Law

The Government Wants your Cake … And Wants you to Continue to Pay Taxes

Today, Monday, March 20th, at 10 am, the United States Supreme Court hears oral arguments on an important case for Liberty Conservatives. In this case, the state of Wisconsin will argue that they have the right to tell a land owner who owns two contiguous lots that the landowner can no longer sell just one of the lots. In addition to telling you that you cannot sell the lots independently of each other, the county has the right to tax you on the full value of each lot. The 5th Amendment to the United States Constitution states: Keep Reading

Posted on in Economics/Law

Animal Chiropractic: A Case Study on Government Overreach and Over-regulation

You’re probably scratching your head right about now, aren’t you? Well, let me take a few minutes to explain to you the level of importance the following case carries for the larger narrative of governmental overreach and over-regulation. No, it is not a federal agency defying the new administration. Better yet, it takes place at the state level as an evident issue that affects many across the Union. Keep Reading

Posted on in Law/Politics

Why the Endangered Species Act Needs to be Reformed

A little over two weeks ago, our friends in Washington D.C. held a committee meeting to discuss the possibilities of modernizing the Endangered Species Act (ESA). The ESA is one of the several environmental laws passed in the 1970s that served as provisional attempts to protect species considered a risk of going extinct due to economic growth and the alleged lack of concern for the conservation of our environment. Keep Reading

Posted on in Law/Politics

If you don’t like President Trump’s power, why did you give it to him?

As the Democratic establishment and liberal activists across the country march in the streets and flood airports in protest of President Donald Trump’s immigration and national security policies, many fail to realize their complacency in what has taken place over the course of the last eight years. While in office, President Obama drastically expanded his executive authority in a variety of ways, finalizing over 560 major regulations, or regulations with significant economic or social impacts. He worked to restructure our national healthcare and banking industries, for better or for worse. He continued the tradition of warring with other countries without… Keep Reading

Posted on in Law/Politics

The Senate should confirm Jeff Sessions

“The ultimate responsibility of the Attorney General and the Department of Justice is to execute the laws passed by this Congress and to follow the Constitution in that process.” Those are the words of Alabama Senator Jeff Sessions as he testified before the Senate Judiciary Committee on January 11th. Sessions was nominated by President Trump to become the nation’s next Attorney General. Last week, after numerous stall tactics by Senate Democrats, Sessions’ nomination advanced out of the Judiciary Committee by a party-line vote. His nomination now goes to a vote by the full Senate, which is scheduled for later this… Keep Reading

Posted on in Law/Politics

There is No “Hate Speech” Exception to the First Amendment

Anyone concerned with the future of free speech in the United States should be appalled by the recent events on the campus of U.C. Berkeley. A seemingly peaceful protest of controversial media personality Milo Yiannopoulos quickly turned violent as protesters broke barriers, threw rocks, and started fires in an attempt to prevent Yiannopoulos from speaking at a previously scheduled event. One 19-year-old protester was quoted as saying: “The whole reason we are here is for free speech. Milo’s hate speech is not allowed here. When it is hate speech, our free speech is to shut him down.” This protester, while… Keep Reading

Posted on in Law/Politics

What the House’s Rescission of Obama gun rule means for the Bill of Rights

As the Republican Party prepared to again reclaim power of Washington D.C., it became increasingly clear that the legacy of former President Barack Obama was in danger. In the final days of the Obama presidency, Obama sought to salvage his legacy by pushing through a series of regulations. The House of Representatives pointed to the Congressional Review Act, which gives them the power to take down regulations before they take effect. The process has already begun, but the gun control battle has been ignited when a background check rule was rescinded. A last minute rule passed in December gave permission… Keep Reading

Posted on in Law/Politics

Sally Yates Violated Ethical Standards and Must be Disbarred

On Monday, January 30, 2017, Sally Yates ordered the Department of Justice to stand down and not defend President Trump’s executive order to put a temporary stay on immigrants from certain countries until a new vetting system can be put in place. Sally Yates exact words were “as long as I am Attorney General, the Department of Justice will not present arguments in defense of the Executive Order …”. With these words, Sally Yates violated her duties to her client, the United States of America. One does not have to look very far to find that it is the duty… Keep Reading

Posted on in History/Law/Politics

The Privilege of Protest

Since Donald Trump won the presidential election in November, and even more so since the inauguration, certain individuals and groups have been in a state of panic. People have taken to the streets in protest.  Judging from the number and frequency of protests since President Trump’s inauguration, it would seem the very future of our republic, society, and most cherished rights are currently under constant threat. Yet, our lives and liberties have actually never been better. Material wealth, social progress, and peaceful conditions are necessary conditions of the privilege of protest. The privilege of protest requires material wealth. If you… Keep Reading

Posted on in Law/Politics

The War on Drones

The proliferation of drone technology has taken the world by storm. Quadcopters that cost many thousands of dollars just years ago are now available to hobbyists, commercial operators, and photographers for just a few hundred dollars. This new technology has also fostered several regulatory challenges. Known as Unmanned Aerial Systems, quadcopters, or simply drones, they are similar to remote control helicopters and planes. However, unlike RC aircraft, many of these drones are able to be flown out of the box without training or practice and are generally equipped with HD video and still photo cameras attached. Keep Reading

Posted on in Economics/Law/Politics

Hands Off My Healthcare: Opposition To Obamacare, Explained.

Unless you’re Bill Belichick, you may have heard a thing or two about the impending repeal of The Affordable Care Act on Snapface or Instachat. Actually, you’ve probably heard quite a lot. From Esquire stating 30 million people lost their healthcare overnight, to countless pithy tweets and Facebook quotes about the evils of the Republicans for wanting to deny coverage to the American people. The problem is that this isn’t true. The Affordable Care Act has NOT been repealed. Nor have any provisions been dismantled. The infamous late-night vote you surely read about was to authorize congress to modify Obamacare’s funding down the… Keep Reading

Posted on in Culture/Law/Politics

Mickey Mouse belongs to the People and not to the Disney Company

Please explain to me why Walt Disney is able to maintain a copyright on Mickey Mouse for 95 years while the companies discovering the drugs that heal our bodies are only able to maintain their patents for seventeen years? Every day big pharmaceutical companies are chastised for making large profits. There is not the same outrage about Disney charging $90 for a shirt that should cost $20. Why is Disney allowed to make obscene profits at the hands of the American people and not be a villain? The United States Constitution gave Congress the power to “promote the Progress of… Keep Reading

Posted on in Culture/Economics/Law/Politics

Taxation, Regulation: Not Reasons to Legalize Pot

In the marijuana legalization debate, two talking points are often utilized: taxation and regulation. These are good arguments from a liberal perspective, but quite problematic in a conservative or libertarian context. The basis for justifying the legalization of marijuana is simple. Consenting adults should be allowed to choose what to put in their bodies, whether or not it’s harmful, so long as there are no externalities. This is the only legitimate and principled basis for legalization. Keep Reading

Posted on in Culture/Law/Politics

The Solution to Firearmphobia: Education

On a variety of issues ranging from same-sex marriage to transgenderism to Islam, the Left has called for a more informed and accepting public. On one issue, however, it seems to benefit them to keep the public in the dark: firearms and the second amendment. Passing modern gun-control schemes such as an ‘assault weapons’ ban and a ban on ‘high capacity’ magazines intrinsically requires an ignorant public. The reason why so many folks are anti-gun is simply because a large swath of the general population doesn’t really know all that much about guns. With only about 1/3 of Americans owning… Keep Reading

Posted on in History/Law

Cold War’s Supreme Court

Cold War scholar Kai Bird once stated that the ultimate sin of McCarthyism was that it did not take into account context. By this he meant that Joe McCarthy was ignoring the defensible, if wrong-headed reasons people became communists in the Great Depression. After all, capitalism seemed to be failing, the Russian 5 year plan seemed to be an economic success, and fascism, seemingly opposed solely by the Soviet Union, was on the rise. For concerned citizens, it appeared that only the Communists were doing anything to fight Adolf Hitler and the Great Depression. But this plea for context has… Keep Reading

Posted on in Law/Politics

If only the rights of everyday Americans mattered as much as Hillary Clinton’s

If there’s one thing that Hillary Clinton allies and supporters established last year, it’s that she was the victim of the year. Nobody in the world has been more targeted and more oppressed than her. Conservative opponents are relentlessly trying to stop a former Secretary of State who before that was a United States Senator and First Lady. To these individuals, her record speaks for itself. She’s established her record. Clinton is above us all. It is for this reason the rules do not apply to her. Chelsea Manning is sitting in prison after releasing classified information to whistleblower website Wikileaks. Before her trial,… Keep Reading

Posted on in Law/Politics

No Exceptions: All Illegal Aliens Must be Physically Removed

After every presidential election, the idea of the president’s “electoral mandate” becomes a hot topic of discussion. The newly elected president, by virtue of his election, is thought to have received a “mandate” from the American people to pursue his policy agenda. On November 8, the American people elected Donald Trump and gave him a clear mandate to address the following issues: trade, Obamacare, and most importantly, immigration. Keep Reading

Posted on in Law/Politics

Hillary’s “Get Out Of Jail Free” Cards

Donald Trump openly talked about sending Hillary to prison while on stage with her during a debate. Many of us would like to see Hillary Clinton held accountable for her past actions. And yet a lot of leftists who wanted George W. Bush tried for war crimes have suddenly decided that arresting former government officials isn’t always pragmatic. The former Secretary of State and presidential candidate still has a number of options left to stay out of Club Fed. Obama could pardon her.  A pardon would end all discussion of Mrs. Clinton serving time for Emailgate, and Obama has until January… Keep Reading

Posted on in Law/Politics

1st Amendment does not give Protestors the Right to Protest

Across this nation, thousands of individuals are gathering together to exercise their “supposed” First Amendment right of Freedom of Speech. These protestors are expressing their outrage that Donald Trump was elected as the President of the United States of America. The problem is that these protestors are disrupting the lives of those who live in the area of the protests. While they may have a First Amendment right to speech, that right ends when their speech interferes with the reasonable restrictions established by laws. The Supreme Court does allow cities to restrict Free Speech on the grounds of reasonable Time,… Keep Reading

Posted on in Law/Politics

What would an un-elected White House look like?

This article is a follow-up to my piece about the possibility of an Electoral College tie, available here. We haven’t had a non-partisan White House since before there was a White House. George Washington didn’t affiliate with any political party, though his policies and appointments leaned somewhat to the Federalist end of the spectrum. By the time John Adams moved into the White House during his only term in office, the country was well established on the two-party path on which it has stayed to this day. This is why it’s so baffling to ask ourselves what it would look… Keep Reading

Posted on in Law/Politics

We can no longer write off an electoral college tie

It’s not likely. We’ve been told our whole lives it’s not possible. But here we are, a week from the general election, and we are the closest we have been in our lifetimes to a Twelfth Amendment crisis. The two least popular major party nominees that anyone seems to remember continue their race to the bottom of the country’s expectations. A newly reopened FBI investigation into Hillary Clinton’s emails has sent her campaign spiraling from an unpopular but safe victory into last-minute suspense. Donald Trump is surging back to safety in red states where Clinton was threatening decades of Republican… Keep Reading

Posted on in Law/Politics

The Rule of Law: Force When it Suits Me

First, I had to pick myself up from the floor from laughing. Second, I started seeing the flood of gloating comments and “I told you so’s.” It turns out Hillary Clinton’s emails did have some evidence that would sink her ambitions and, this just in: the only way for the FBI to find it amid all the wiped servers was on the phone they confiscated from Anthony Weiner. Swarms of the same people who said the rule of law is dead when the first FBI investigation didn’t recommend pressing charges are now back to say that justice will be served… Keep Reading

Posted on in Law/Politics

Government Won’t Let Disabled Child Bring Service Dog to School

Thank you, government, for giving us all things so good and beautiful. Without you, there would be riots and chaos in the street, or possibly even disabled middle school girls bringing their service dogs to school with them. This just in from Napoleon, Michigan. Brent and Stacy Fry are suing their local school district because their daughter, known as F.E. in litigation documents to protect her identity, just isn’t getting anywhere by asking politely. She was born with cerebral palsy and relies heavily on her service dog, Wonder, to get around her home and school. Unfortunately for the Frys, the… Keep Reading

Posted on in Law/Politics

Why Short-Sighted Social Conservatism is Costing us North Carolina

The electoral map is looking pretty blue this year, but one case study looks even more interesting than the others. Like most southern states, North Carolina has a long history with blue dog Democrats at the state and local level and reliable Republican voting patterns at the federal level. Nothing too radical there, just a case in point of an older, conservative Democratic Party whose fading echoes can still be heard from the other side of the sixties. I’m referring to something far more unique this year. This year, North Carolina may be the only state in which Republicans at… Keep Reading

Posted on in Law/Politics

Does the Pro-Life Movement Have a Future?

From the moment Roe v. Wade came down from the gavel of the nine gods to the lives of our unworthy peasantry, social conservatives and the religious right have been debating tactics to achieve the impossible: Overturning a 7 to 2 Supreme Court decision. It’s a task not many activist movements have been able to pull off. First, the mantra was appointing new justices to overturn it. Lawyers and strategists tried to find a way for Congress and the President to go around it. Amending the Constitution was placed on the table. How was the pro-life movement going to push… Keep Reading

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