Posts tagged with: constitution

Blog author: ehilton
posted by on Wednesday, January 29, 2014

constitutionIn today’s Wall Street Journal, Senator Ted Cruz (R.- Texas) discusses the presidency of Barack Obama, on the heels of the president’s State of the Union address last night. Cruz takes the current president to task on a simple theme: the rule of law.

Rule of law doesn’t simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled by laws, not men. That no one—and especially not the president—is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to “take Care that the Laws be faithfully executed.”

Yet rather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying and waiving portions of the laws he is charged to enforce.

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Blog author: jcarter
posted by on Thursday, January 16, 2014

Barack_Obama_signature_and_pen (1)On Tuesday, in his first cabinet meeting of the year, President Obama indicated he is prepared to use executive actions more frequently to advance administration goals. “We are not just going to be waiting for legislation in order to make sure that we are providing Americans the kind of help that they need. I’ve got a pen and I’ve got a phone,” Obama told his Cabinet.

Over at First Things, Robert George, Professor of Jurisprudence at Princeton University, provides a blistering reply to the President’s “I’ve got a pen . . . ” remark:
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Blog author: jballor
posted by on Wednesday, November 6, 2013

Royal Coat of Arms of the NetherlandsDrawing on some themes I explore about the role of the church in providing material assistance in Get Your Hands Dirty, today at Political Theology Today I look at the first parliamentary speech of the new Dutch King Willem-Alexander.

In “The Dutch King’s Speech,” I argue that the largely ceremonial and even constitutionally-limited monarchy has something to offer modern democratic polities, in that it provides a forum for public leadership that is not directly dependent on popular electoral support. In the Dutch case, the king broached the largely unpopular subject of fundamentally reforming the social democratic welfare state.

This is in rather sharp contrast to the social witness of the mainline of Dutch church leaders, at least over the last few decades. But the churches, too, have a role in acting as makeweights against democratic majoritarian tyranny.
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Blog author: rnothstine
posted by on Wednesday, September 18, 2013

houstonWhenever there is a mass shooting, inevitably there is a rush by public officials, celebrities, and media talking heads to demand further restrictions on gun ownership. Truthfully, both sides of the firearm debate are guilty of politicizing these tragedies, as people race to media outlets to declare that their side played no role or responsibility for the action of the assailant. Many gun owners and their supporters reflexively react to the accusations. Despite the media’s relentless focus on violent shootings, Second Amendment support is surging. Americans are purchasing more guns than ever before. Concealed permit holders and applicants across the country are on the rise too. Most states outside of the Northeast are relaxing their restrictions on firearms not tightening them. When it comes to self-government, no issue is succeeding in America like firearm ownership and the right to carry.

Why is the argument to restrict firearms so ineffective? With each tragedy many pundits and politicians try to link the millions of law abiding gun owners to the violence and tragedy. If citizens didn’t have access to firearms, there would be no tragedy, so the argument goes. But they are not linked at all. They are unrelated. The moral deficiency in the argument is glaring. Most Americans realize it’s too far of a leap to connect the millions and millions of lawful and safe firearm owners to people with severe mental illnesses and psychological problems. The attempt by so many to link these two groups of people together is ineffective, rings hollow, and comes off as offensive. They are not and never will be morally equivalent agents in our society.

It’s actually the morality of millions of law abiding citizens who choose to exercise their Constitutional gun rights that are undoing and crippling the arguments of those calling for restrictions and gun bans. That’s why morality is so effective and essential for self-government. And when it comes to morality and exercising rights, those who want to limit government intrusion and promote self-government can learn learn a lot from gun owners.

Blog author: ehilton
posted by on Tuesday, September 17, 2013

we the peopleBy federal law, September 17 is Constitution Day. That makes it a very good day to read the U.S. Constitution, especially if you happen to be a U.S. citizen. Maybe the last time you read it was in high school, or maybe you’ve never read it (it’s okay; I won’t tell anyone.) Surely, you remember the Preamble, at least, don’t you? (more…)

“The Constitution protects your right to believe and worship, not force your beliefs on others.” That’s a response Acton received via Twitter regarding a blog post on the HHS Mandate. This type of statement is a typical one in our society: you can believe whatever you want, but don’t force your beliefs on anyone else. Religious belief and worship should be a wholly private affair; bringing your beliefs into the public square constitutes “forcing” them onto others.

In the latest issue of Faith and Justice from Alliance Defending Freedom, twelve women talk about what happened when this very scenario happened to them. As nurses working at University of Medicine and Dentistry of New Jersey elective surgery unit, these women were told by their employer that they must assist in elective abortions. Despite an employment clause that said nurses were exempt from this except in emergency situations if they believed abortions were immoral, the hospital stood its ground, and the nurses were told they would lose their jobs. Their union declined to help. A lawsuit was filed on behalf of the nurses. (more…)

Rick-Warren-PhotoIn response to the Hobby Lobby lawsuit, Rick Warren, author of The Purpose Driven Life and pastor of Saddleback Church, has released a statement at The Becket Fund for Religious Liberty:

…The government has tried to reinterpret the First Amendment from freedom to PRACTICE your religion, to a more narrow freedom to worship, which would limit your freedom to the hour a week you are at a house of worship. This is not only a subversion of the Constitution, it is nonsense. Any religion that cannot be lived out … at home and work, is nothing but a meaningless ritual.

Some flippantly say ‘A business cannot be a Christian’ but the truth is, every business is either moral or immoral, ethical or unethical, depending the values they base their business on. When the government starts coercing businesses to violate their religious, moral, and ethical values, that is a flagrant violation of our Constitution.

I predict that the battle to preserve religious liberty for all, in all areas of life, will likely become the civil rights movement of this decade…Regardless of your faith, you should pay attention to this landmark case, and pray for a clear victory for freedom of conscience.”

Read the full statement here.

Blog author: jballor
posted by on Monday, September 24, 2012

As noted already at the PowerBlog today, Sam Gregg has a fine piece on the complex relationship between law and morality, or constitutions and culture, over at Public Discourse.

As a follow-up (read the piece first), I’d like to point to an interesting aspect of James Buchanan’s advocacy of a balanced-budget amendment. As Gregg notes, Buchanan is an example of someone who thought that “America’s constitution required amending to bestow genuine independence upon a monetary authority,” or advocated for the “constitutionalization” of money. A related effort would be Buchanan’s efforts in support of a balanced-budget amendment to the American Constitution, as explored by James Alvey in his piece, “James M. Buchanan on the Ethics of Public Debt and Default.”
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Blog author: ckaupke
posted by on Tuesday, July 3, 2012
Florida Governor Rick Scott

Florida Governor Rick Scott

Florida Governor Rick Scott recently declared that his state would not comply with President Obama’s Patient Protection and Affordable Care Act. In blatant defiance of the federal government, Florida will not expand its Medicare program or implement any of the other changes that “Obamacare” requires. While a flat-out refusal to comply with federal law on the part of a lower authority is relatively uncommon, it is by no means unprecedented. The history of the United States is filled with individuals and groups who have decided to obey their consciences in the face of laws that they believed to be illegal or immoral, or both. In fact, our country’s very founding began with an act of civil disobedience against the unjust and illegal actions of England’s King George III.

Even before our nation was formally established, adherence to true justice and the natural law, rather than to the whims of tyrants, was a hallmark of the American spirit. Witness the turmoil that took place in the American colonies in the 1760s and 1770s over the actions of England, including the famous Boston Tea Party of 1773. Thomas Jefferson wrote in the Declaration of Independence that, “when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” (more…)

Blog author: jcarter
posted by on Wednesday, March 14, 2012

Should virtue be a consideration in judicial decisionmaking? Indiana Law Professor R. George Wright makes an intriguing argument for why the four cardinal virtues could be useful in interpreting constitutional cases:

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