commentary on the Law
 Wednesday, June 23, 2004

The Job Description

In this BBC interview, Bill Clinton mentions his job description. That would be the Oath of Office, folks.

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

I'm glad this brouhaha has caused some people to read that document. But these debates on legalism and morality, or the lack thereof, miss something that I thought would be so obvious:

Do unto others as you would have them do unto you.

5:01:25 PM # Google It!
categories: Law

 Thursday, June 17, 2004

Memo to Congress

To Whom it May Concern:

Please read Article 1, Section 8, Clause 8 of the document which delegates our powers to you. That is an easily parsed clause in English which begins

To promote the Progress of Science and useful Arts

Please explain to me how making discussion illegal promotes the progress of science and the useful arts?

10:48:49 AM # Google It!
categories: Law

 Wednesday, June 16, 2004

A Special Contract

The American Family Association was kind enough to let me know that, on July 15th, the Senate will vote on S.J. RES. 30, a joint resolution proposing an amendment to the Constitution of the United States relating to marriage.

Defend the sanctity of marriage: keep the government out of it.

11:19:59 AM # Google It!
categories: Law

 Friday, June 11, 2004

Let Us Have Faith that Right Makes Might

NPR, in conjunction with the release of Harold Holzer's Lincoln at Cooper Union, has a piece on Lincoln's speech at the Cooper Union, which makes for some interesting listening.

1:36:41 PM # Google It!
categories: Law, Politics

 Thursday, May 27, 2004

There Are No States' Rights

Peter St. Andre looks at two of my favorite amendments and observes that people have rights, not States.

9:59:27 AM # Google It!
categories: Law

 Tuesday, May 04, 2004


We are a democratic republic, not a democracy. There's a difference.

If you don't like the Electoral College, or the winner-take-all system, talk to your State legislatures. It's their fault.

If you don't like gerrymandered districts and Representatives-for-Life, stop voting for the incumbent.

We're a sovereign nation, yet sovereignty rests with the People.

The United Nations is less united than confederal. Neither the President, nor the Congress, can transfer Our sovereignty to an unelected confederacy of nation-states. This is a limit on the ability of the President to make, and the Senate to ratify, treaties.

The nation-state is a temporary expression of the will of the people. Perhaps it is not the best model for all situations, or all peoples.

9:51:11 PM # Google It!
categories: Law, Politics

 Wednesday, April 28, 2004

Enemy Combatants

The obfuscation makes this situation complex. It's not at all complex when accurate terms are used. For some reason, the current administration has an aversion to accuracy.

An enemy combatant is a soldier. Someone fighting against their country is a traitor. A citizen has certain rights and privileges. There are procedures for this. First, there's a trial. Then, you hang him.

Seems pretty straightforward to me. You obfuscate when you have something to hide, or when you don't have the ground to stand on.

8:36:30 AM # Google It!
categories: Law, Politics