Happy Independence Day! (A Roundup)

Sunday, July 4, 2010 \PM\.\Sun\.

Happy Independence Day, folks! — Here is a roundup of some choice reads as we commemorate the birth of our nation:

Following are two books which I heartily recommend for some engaging historical reading of the American Revolution and our founding fathers. Read the rest of this entry »

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Elena Kagan Says It Is Fine If The Law Bans Books

Tuesday, June 29, 2010 \AM\.\Tue\.

SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books.

Her rationale?

Because the government won’t really enforce it.

I’m no legal scholar but this sounds like a 3rd grade argument.

Aren’t our nominees suppose to have better reasoning skills and a solid grasp of the U.S. Constitution?  As well as a fundamental understanding  of such concepts like Freedom of Speech?

Read the rest of this entry »


Supreme Court Holds That the Second Amendment Applies to the States

Monday, June 28, 2010 \PM\.\Mon\.

In the case of McDonald v. the City of Chicago, the Supreme Court of the United States ruled that the Second Amendment applies to the states.  Read the decision here.  The decision was 5-4 which is absolutely stunning since I think that there was no intellectually respectable argument to be made that the Second Amendment does not apply to the states.

The bill of rights applies to the States due to the Fourteenth Amendment.   In the opinions written by the majority justices, emphasis is given to the importance that the drafters of the Amendment placed upon the rights of freed slaves after the Civil War to keep and bear arms for their defense.  A good day for the Constitution at the Supreme Court.

Read the rest of this entry »


Sharia Law and the U.S. Constitution

Friday, June 25, 2010 \PM\.\Fri\.

[Update I:  I have streamlined the following post to be easily readable to the average layman, but informative enough for a lawyer or law professor to learn a bit more on the similarities and differences between Sharia and U.S. Law]

Is Sharia compatible with the U.S. Constitution?

The simple answer is of course “no”.

But lets take a look at some aspects of Sharia Law and where it may or may not conflict with the U.S. Constitution.  (For disclosure I am not a lawyer nor a legal expert in Sharia or U.S. Law.)

First, what is Sharia?

Wikipedia states Sharia refers to the sacred law of Islam.  All Muslims believe Sharia is God’s law, but they have differences between themselves as to exactly what it entails.  Which will be difficult to discern what to apply when, but we’ll labor along for the sake of discussion.

In Western countries, where Muslim immigration is more recent, Muslim minorities have introduced Sharia family law, for use in their own disputes. Attempts to impose Sharia have been accompanied by controversy, violence, and even warfare (Second Sudanese Civil War).

The recent incidents at the Arab International Festival have reinforced the poor image of Sharia inside the United States and its incompatibility with American culture and law.

The following is a truncated version with a couple of modifications (eliminating repetitious ibids and links) of multiple Wikipedia entries [with my comments]:

Legal and Court Proceedings:

Wikipedia states that Sharia judicial proceedings have significant differences with other legal traditions, including those in both common law and civil law.

1. Sharia courts do not generally employ lawyers; plaintiffs and defendants represent themselves.

Read the rest of this entry »


Sharia in Dearborn?

Thursday, June 24, 2010 \AM\.\Thu\.

Apparently the police acting to unconstitutionally arrest individuals attempting to hand out proselytizing literature to Muslims in Dearborn is not unusual according to this release from the Thomas More Law Center:

In what some have described as police enforcement of Sharia law at the annual Dearborn Arab International Festival, last Friday night Dearborn Police Officers arrested four Christian missionaries and illegally confiscated their video cameras which were recording the events surrounding their arrests.  The Thomas More Law Center, a public interest law firm based in Ann Arbor, Michigan, today announced it is representing all of the Christian missionaries.

Read the rest of this entry »


Failure: Vox Nova Takes on Conservatism

Wednesday, June 9, 2010 \AM\.\Wed\.

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I wasn’t going to do this, but now I am. A contributor (Morning’s Minion) to a certain blog (Vox Nova),  whose views on gun control I previously challenged, took it upon himself to let it all out about “conservatism” – partially, I believe, in response to our exchange.  The same themes are there at least, though he does go on (and on) about slavish right-wing support for Israel, an issue on which I am not so enthusiastic. I’ve also made my opposition to America’s interventionist foreign policy known.  In doing so I respectfully digress from many of my co-bloggers at The American Catholic.

But there are a number of very broad points made by Morning Minions that are more or less directed at me, and my co-bloggers, and of course conservatives and libertarians in general, and I will answer them here.

Read the rest of this entry »


Tea Time with Pope Leo XIII

Saturday, May 29, 2010 \PM\.\Sat\.

Pope Leo XIII

There are many political fault lines that run through American society, perhaps more today than any point in recent history. We can all probably name a few of the ideological, cultural, and religious lines, but there is one in particular that I wish to explore with you today: divisions over whether or not, and to what extent, it is legitimate to resist the government. By resist, or rebel, I mean a refusal to comply with laws, though in the future it may mean something else entirely.

When “left” and “right” are set aside,  what appears to separate the “mainstream” from “extremism” is the position they take on this vital question.

Naturally, in a country with revolutionary origins, whose founding document establishes the right of the people to overthrow governments that break their end of the social contract, talk of resistance or rebellion in general cannot be dismissed as insane, though some undoubtedly try to argue along those lines. There is also a broad political consensus in the mainstream that civil disobedience against overt racial injustice is legitimate; few Republicans these days have anything other than praise for the aging heroes of the Civil Rights movement of the 1960s.

Read the rest of this entry »