LAW

All laws must be objective (and objectively justifiable): men must know clearly, and in advance of taking an action, what the law forbids them to do (and why), what constitutes a crime and what penalty they will incur if they commit it. – AYN RAND

Subjects and Citizens: A Treatise by Justice Clarence Thomas

Supreme Court Justice Clarence Thomas has completely reframed the distinctly American idea of citizenship as a two-way agreement between the person and the political community. It is not conferred by birth alone but also requires domicile, which means allegiance and the forsaking of other political loyalties.

Is Trump’s Mega-Fine Unconstitutional?

Is Trump’s Mega-Fine Unconstitutional?

If the Supreme Court were to grant review, it would have to consider two issues: the first is whether this state-imposed fine and others like it are covered by the Eighth Amendment; if so, the second issue would be whether the fine of $464 million is excessive.

The Assault on the Right to Abortion

The Assault on the Right to Abortion

It bears noting that although the 1973 Roe v. Wade ruling correctly asserted that abortion was a right, the ruling was nonetheless doubly botched. Justices based the ruling on a right to privacy and alleged that non-enumerated rights are based on tradition.

Missouri v. Biden: Free Speech in the Crossfire

Missouri v. Biden: Free Speech in the Crossfire

The case against the government here is that it cannot do through third parties such as social media platforms what it is forbidden from doing directly by virtue of the First Amendment. The case in question is popularly known as Missouri v. Biden, and there is much at stake with its results.

National Labor Relations Act and Compulsory Unionism

National Labor Relations Act and Compulsory Unionism

Whether a worker wants union representation ought to be an individual decision. The federal and state laws that turn it into a collective decision should never have been passed and after they were passed, should have been declared unconstitutional.

Right Approach to the Pro-Hamas Protests

Right Approach to the Pro-Hamas Protests

The First Amendment gives anti-Israel protesters the right to be immoral.  It gives them the right to lie and to reflect antisemitic bigotry. The First Amendment, though, also gives us the right, indeed the responsibility, to call out this immorality, mendacity, and double standard.

No, the 14th Amendment Can’t Disqualify Trump

No, the 14th Amendment Can’t Disqualify Trump

Interpreting this post-Civil War amendment as a general provision for disqualifying candidates who some people may believe participated in what they regard as an insurrection or rebellion—as distinguished from a protest or even a riot—would create yet another divisive weapon in our increasingly partisan war.

The Self-Interest of Self-Regulation

The Self-Interest of Self-Regulation

Honest businessmen, who are well aware of the importance of customer goodwill, try to insure that their businesses are not harmed by the unscrupulous actions of others. Many of them have formed voluntary associations to provide self-regulation in their industries.

ULC’s “Model Public Health Emergency Authority Act”: A United States of Fifty Little Dictatorships?

ULC’s “Model Public Health Emergency Authority Act”: A United States of Fifty Little Dictatorships?

Those responsible for the Covid response aren’t looking for amnesty or forgiveness; they seek a government structure that codifies their authoritarian impulses and a legal system that offers citizens no means of demanding accountability from their rulers. Publicly, they are searching for any “emergency” to increase their power. Privately, they are looking to put that system into law. 

What They Meant by Essential and Nonessential

What They Meant by Essential and Nonessential

The deployment of the terms essential and nonessential, however, has no precedent in our language. This is because of a view stemming from the democratic ethos and real-world commercial experience that everyone and everything is essential to everything else.

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