Posts tagged with: law

supreme-courtJune is a busy month for the Supreme Court. The Daily Signal has given us a tidy round-up of seven cases to keep an eye on.

Reed v. Town of Gilbert: This is a free speech case. The Good News Community Church in Gilbert, Ariz., uses signage to promote events at the church. The town has codes regarding signage, and the church says they are not fair. For example, the church is allowed to put signs for only 12 hours before their Sunday services. Meanwhile, a real estate agency can post much larger signs for 30 days.

The Supreme Court will decide whether the town’s claim that the ordinance lacks a discriminatory motive is enough to justify its differential treatment of religious signs.

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magna4James V. Schall, SJ, reflects on the importance of the Magna Carta – perhaps the best-known historical document in the world – at The Catholic News Report.

What was this famous legal document really like? What did it do? Some, like Oliver Cromwell, thought it was useless. Others did not think it particularly unique, since there were already hundreds of such charters throughout Europe. Others saw it as the basis of political responsibility, by limiting kingly rule. Still others considered it as the beginnings of natural “rights,” a doctrine, as Hobbes would later show, of most perplexing memory. The document is revealing to read. It is filled with medieval law issues and phrases. Yet it contains a thread of principle on which many nations—Canada, Australia, South Africa, the United States, India, and other former Commonwealth countries—have retained.

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JuniusCoverCLP Academic has now released The Mosaic Polity, the first-ever English translation of Franciscus Junius’ De Politiae Mosis Observatione, a treatise on Mosaic law and contemporary political application. The release is part of the growing series from Acton: Sources in Early Modern Economics, Ethics, and Law.

Junius (1545–1602) was a Reformed scholar and theologian at the Universities of Heidelberg and Leiden, and is known for producing a popular Latin translation of the Bible and De theologia vera, which became “a standard textbook in theological prolegomena among Reformed Protestants.”

In their introduction, editor Andrew McGinnis and translator Todd Rester offer more on the historical context and the questions Junius aims to answer, explaining how he was “personally called upon by ‘good men’” to “address the contemporary political implications of the laws of Moses.” (more…)

patriot-actWhy is the Patriot Act back in the news?

Last night three key provisions of the law were allowed to expire (at least temporarily) after Senator Rand Paul (R-KY) blocked an extension of the program during a Sunday session of the Senate.

What is the Patriot Act?

The official title of the law is the USA Patriot Act of 2001, an acronym for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.” The 320-page law, signed a month after the 9/11 terrorist attacks and a series of bioterrorism incidents (i.e., anthrax attacks), was intended to “deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.”

Beginning on December 31, 2005, many provisions of the act were set to expire unless Congress reauthorized them. Out of the sixteen sections, 13 were allowed to expire while three were reauthorized. After approval by Congress, President Bush signed an extension in 2006 and President Obama signed an extension in 2011. On June 1, 2015 the last three sections expired.

What were those last three sections that just expired?

The three sections that recently expired were:
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locust effectRule of law is not something we hear much about, nor do we really want to. It’s kind of … dull. Tedious. Yawn-inducing.

Unless, of course, you live somewhere where there is no rule of law.

Every year, 5 million people are chased from their homes. Some lose their homes due to violence; others lose their homes simply because they cannot prove they own it. Someone bigger, stronger, more powerful, more wealthy comes in and takes it. And the victims have no redress. (more…)

Blog author: jballor
Wednesday, April 22, 2015
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Yesterday was the third anniversary of Chuck Colson’s passing. The Acton Institute had the privilege of conducting the last public interview with Chuck before his death. It serves as a wonderful introduction to and reminder of Chuck’s love for Christ and his world.

scaliaOver the past hundred years few judges have been able to match the wit, wisdom, and intellectual rigor of Supreme Court Justice Antonin Scalia. During his thirty year career he has been an indefatigable champion of originalism (a principle of interpretation that views the Constitution’s meaning as fixed as of the time of enactment) and a vociferous critic of the slippery “living constitution” school of jurisprudence. When future historians assess his career Scalia will be viewed as one of the most thoughtful, principled, and important jurists of his era.

But even a legal genius can produce a disastrous opinion, and Scalia delivered his worst twenty-five years ago this week in Employment Division v. Smith. As Michael Stokes Paulsen explains, this ruling has “proven to be one of the most devastatingly long-term harmful Supreme Court constitutional decisions of the past half century.”
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Raphael Lemkin

Raphael Lemkin

This month marks the 100th anniversary of the Armenian Genocide – a systematic, murderous campaign carried out by the Ottoman Empire against its Armenian population, killing 1.5 million and leaving millions more displaced.

Though these atrocities have been verified through survivor accounts and historical records, to this day, not all countries have recognized the atrocities as “genocide” – the foremost being Turkey, along with others, including the United States.

In a Huffington Post article, “The United States Should Remember Raphael Lemkin’s Words and Formally Recognize the Armenian Genocide,” H.A. Goodman draws particular focus to Turkey’s animosity toward the genocide label, even threatening other countries that recognize the tragedy as genocide.

Most recently, Turkey’s resistance was displayed when Pope Francis referred to the slaughter as the “first genocide of the 20th century.” The Turkish government responded by recalling its ambassador to the Holy See.

But perhaps an even more shocking reality surrounding the Armenian Genocide is this: at the time the Ottoman Empire began exterminating the Armenians in 1915, its actions were not considered illegal. It would be another 33 years before genocide was named a crime under international law, through the United Nations’ adoption of the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, after which the word “genocide” was created and used for the first time, only 4 years prior. For these two significant actions we have one man to thank, a largely unknown Polish-Jewish lawyer named Raphael Lemkin.

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29taxes.2-500In an attempt to trap Jesus, some Pharisees and Herodians asked him, “Is it lawful to pay taxes to Caesar, or not? Should we pay them, or should we not?” In response, Jesus said,

“Why put me to the test? Bring me a denarius and let me look at it.” And they brought one. And he said to them, “Whose likeness and inscription is this?” They said to him, “Caesar’s.” Jesus said to them, “Render to Caesar the things that are Caesar’s, and to God the things that are God’s.”

The Pharisees and Herodians “marveled” at Jesus answer, but had they asked an agent of the Roman IRS they likely would have been given a similar answer.

Governments have always had to contend with citizens who make what are considered “frivolous tax arguments” to avoid complying with tax laws. Such arguments rarely work (it’s usually not effective to try to present a creative interpretation of tax law to the people who interpret tax laws) but people keep trying.

The IRS has an entire list of responses to the most common frivolous tax arguments. Here are four of my favorites:
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rights-are-not-gitsIn his recent announcement that he was running for president, Sen. Ted Cruz’s said “our rights don’t come from man, they come from God Almighty.”

That raised some eyebrows in our secular culture. For example, Meredith Shiner, a Yahoo reporter, tweeted:”Bizarre to talk about how rights are God-made and not man-made in your speech announcing a POTUS bid? When Constitution was man-made?”

The idea that the “unalienable Rights” mentioned in the Declaration of Independence don’t come from God is considered obvious to many secularists. But if our rights don’t come from God, where do they come from? The obvious answer is “the State.” And as Matt Lewis points out, that means the state can take them away:
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