Category Archives: Law

The Former “Law Professor”

has been schooled:

he would have failed my constitutional law class if he had tried to justify such sweeping authority to categorically rewrite existing law and confer benefits Congress never provided as “prosecutorial discretion.”

I think his reputation as a Constitutional (or any other kind of) scholar is highly overrated. It’s nice to see the courts finally stepping up to rein in these power grabs.

[Update a while later]

The “I” word is really the only remedy to this kind of overreach.

But partisan politics takes precedence over Congressional prerogatives.

Abortion

What gives Congress the right to regulate it?

Nothing in the Constitution.

Note that (as with Roe v. Wade), one’s position on abortion is, or at least should be, irrelevant to whether Congress (or SCOTUS) has the power to declare it either legal or illegal. It’s about process, not outcome. But too many from both sides of the aisle (as we saw with ObamaCare) don’t give a damn about process if they get the outcome they want.

Freedom

No, children are not the property of the State:

It is getting far, far too easy for idiotic progressives to impose their views, and take children out of their homes based on their belief that they aren’t getting the “right” care, the “right” education, or the “right” modern amenities. There is a major difference between “unconventional” parenting and child abuse.

It’s not child abuse to either live off the grid, or not attend public schools. In fact, I’d argue that it’s getting to the point at which sending your kid to public school is both child abuse and child endangerment.

Non-Military Affidavit

This law seems absurd.

We’re living in a Carl Hiaasen novel, with a crazy tenant who is destroying the property, and we want to evict her ASAP. Why is it incumbent on the landlord to prove a negative?

It seems like the first condition could be satisfied simply by pointing out that she’s been renting a home in Boca Raton, Florida, and there are no commutable military bases nearby.

Police Unions

The problem with them.

It’s not just police unions — public-employee unions in general are an abomination. The teachers’ and prison-guard unions are a huge part of the disaster that is California government (not to mention its educational system). Roosevelt had the right idea in wanting to make them illegal.

[Update a couple minutes later]

Want a lawless police force? Federalize it.

Al Sharpton is an idiot, and should be an embarrassment to any news network, but it’s MSNBC.

The Recent Democrat Fascism In Wisconsin

Will the Supreme Court take the case?

Because both a separate federal ruling in a different case, and a state court ruling as part of the investigation, have halted the investigation for now, this Supreme Court decision will not directly affect the current status.

But, the nature of the case necessarily involves the underlying ability of states to regulate campaign coordination and how that ability interacts with First Amendment rights.

That is a huge issue, which the Justices may decide to reach as part of a ruling if they take the case. That’s what has Democrats so scared about this case — they fear it could turn into another case of the magnitude of Citizens United, in which the Supreme Court again upholds the constitutional rights of citizens to express views cooperatively.

Let’s hope.

[Update early afternoon]

What did the Milwaukee Journal Sentinel know, and when did it know it?

At the time of the raid, Archer saw an individual that she believed to be a reporter, standing in her lawn. But the question became: How would a reporter even know that Archer’s home was being raided? Someone had to tip the Journal-Sentinel off. But under Wisconsin law, disclosure of a search warrant’s issuance, prior to its execution, is a Class I felony and could also violate the judge’s secrecy order of the John Doe investigation itself.

People should be doing jail time for this. A lot of high-level Wisconsin Democrats. And maybe journalists, too.