Showing posts with label Abraham Lincoln. Show all posts
Showing posts with label Abraham Lincoln. Show all posts

Thursday, July 9

Parallel cases: Abraham Lincoln and Ted Cruz on judicial supremacy

Another reason to like Ted Cruz: No other presidential candidate has articulated the same basic truth about the Supreme Court's recent dictum in favor of the paraphilia du jour.

When the Supreme Court decides a case, the parties of that case are bound to that decision, as are those in parallel circumstances. But the Court cannot establish law by extending beyond that strict limit whatever "principle" they've suddenly created.

The current struggle between the friends of the Constitution and those who despise it and them will end in one of two places: either the reasonable and the decent will assert themselves and reestablish the rule of law, common sense, and basic decency, or there will be no barriers to any deviant impulse's being enshrined as "law."

From here:
Clearly anyone seeking a same-sex marriage license in a state who was not party to the Obergefell suit falls under what Lincoln would call a “parallel case.” But what about someone who runs to federal court or a state marriage license bureau, and holds up Obergefell’s doctrine of “dignity” on behalf of, say, polygamy? Must the court or marriage license bureau shrug their shoulders and say, “Well—I guess so”?

When Lincoln arrived in the White House in 1861, he found two executive branch decisions to which he objected. A free black man in Boston had applied to the State Department for a passport to travel to France, which the State Department had denied on the ground that the Supreme Court, in Dred Scott, had declared that blacks could not be citizens because blacks “had no rights which the white man was bound to respect.” And in Philadelphia, a free black man had applied to the Patent Office for an invention, and been denied on the same ground. Lincoln ordered both decisions reversed.

I often tell this story to my students in classes on the Constitution, with the question appended: “Was Lincoln defying the Supreme Court? Did he act unconstitutionally?” It is amazing—and depressing—that the overwhelming majority of my students get the answer wrong. Such is an example of how deep the idea of judicial supremacy—“the Constitution is what the Supreme Court says it is,” as the Court self-congratulated in Cooper v. Aaron—has crept into the public mind today.

Look again at Lincoln’s careful language in that passage above. He is saying that the reasoning of Dred Scott must be respected as to the parties of that particular case and in parallel cases (i.e., a slave owner who brings his slave into a free state, as Dred Scott’s owner had done). But in his decision to reverse the executive branch decisions supposedly based on Dred Scott in circumstances that were not parallel—both were free blacks in free states, with no one asserting ownership claims to them—Lincoln was asserting that the executive branch was not obligated to extend the principle of the Dred Scott case more broadly. The Constitution belongs to all three branches of government, each of which may assert its constitutional prerogatives in its own sphere—pending a legal challenge in the courts that concludes otherwise.

Saturday, October 10

As a nation of freemen, we must live through all time, or die by suicide

The election of B. Hussein Obama was a self-inflicted wound.

Both time and the courage of the American patriot will tell whether it's mortal or not.

We have the Enemy Within, both the leftist who wants America crippled and disgraced, begging for scraps from foreign masters, and the Muslim -- imported and homegrown -- who seeks to usurp our Constitution and replace it with the most vile, totalitarian, and hellish ideology ever thrust upon the Earth.

In Obama, it looks like we got two-for-the-price-of-one.  What a deal!

Who applauds B. Hussein Obama's Nobel Appeasement Prize? Those are not friends of America cheering his "achievements," which so far have been bankrupting and disarming the Republic; bleeding our military by binding them with suicidal Rules of Engagement; eating ice cream while civilians protesting against Muslim tyranny in Iran are butchered in their streets; responding to our military's request for more troops in order to avoid losing in Afghanistan by going to Denmark to beg for an Olympics that would divert billions in federal money to his fellow criminals in Chicago; and apologizing to, groveling at the feet of, and defiling the sacrifices of more than two centuries of free men in deference to every two-bit, tinpot leftist and Muslim tyrant on the globe.

Stop the bleeding, America. We need in positions of leadership informed and honest men. Tom McClintock understands what makes America great, and what must be done to save it.

From here:
When he was 28 years old, Abraham Lincoln posed this haunting question to the Young Mens Lyceum of Springfield:

He asked, “At what point shall we expect the approach of danger? By what means shall we fortify against it?-- Shall we expect some transatlantic military giant, to step the Ocean, and crush us at a blow? Never!--All the armies of Europe, Asia and Africa combined, with all the treasure of the earth (our own excepted) in their military chest; with a Buonaparte for a commander, could not by force, take a drink from the Ohio, or make a track on the Blue Ridge, in a trial of a thousand years.

“At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.["]

Today, THIS generation of Americans has arrived at one of the great turning points of history. Upon the outcome of this struggle is nothing less than the question of whether America is to fade away as yet another failed socialist state, or whether this generation of Americans will rescue, redeem and restore the founding principles that made the American Republic the most prosperous and successful in the history of the world.

It has now been nine months since the inauguration of the 44th President of the United States – with all the hope and trust that the American people placed in him for our future.

Think about what has happened in these nine months. And think about how far our country has strayed from what Jefferson called the “sum of good government.” -- what he described as “a wise and frugal government which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned.”

Last year’s deficit of $450 billion has nearly quadrupled to $1.6 TRILLION.

Let’s put that in perspective. All of the debt accumulated by this nation from the very first day of the George Washington administration to the very last day of the George W. Bush administration, will now double over the next five years and nearly triple over the next ten under the budget that President Obama signed.