So if you are still obeying the law when you don’t absolutely have to, when there isn’t some government enforcer with a gun lurking right there to make you, aren’t you kind of a sucker?
Kurt Schlichter writes: Sometimes in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another. It is high time to declare our personal independence from any remnant of obligation to those who have spit upon the rule of law. We owe them nothing – not respect, not loyalty, not obedience.
“There used to be a social contract requiring that our government treat us all equally within the scope of the Constitution and defend us, and in return we would recognize the legitimacy of its laws and defend it when in need. But that contract has been breached. We are not all equal before the law. Our constitutional rights are not being upheld.”
Think about it. If you are out driving at 3 a.m., do you stop at a stop sign when there’s no one coming? Of course you do. You don’t need a cop to be there to make you stop. You do it voluntarily because this is America and America is a country where obeying the law is the right thing to do because the law was justly made and is justly applied. Or it used to be.
“We are not being defended – hell, we normals get blamed every time some Seventh Century savage goes on a kill spree. Yet we’re still supposed to keep going along as if everything is cool, obeying the law, subsidizing the elite with our taxes, taking their abuse. We’ve been evicted by the landlord but he still wants us to pay him rent.”
The law mattered. It applied equally to everyone. We demanded that it did, all of us – politicians, the media, and regular citizens. Oh, there were mistakes and miscarriages of justice but they weren’t common and they weren’t celebrated – they were universally reviled. And, more importantly, they weren’t part and parcel of the ideology of one particular party. There was once a time where you could imagine a Democrat scandal where the media actually called for the head of the Democrat instead of deploying to cover it up.
People assumed that the law mattered, that the same rules applied to everyone. That duly enacted laws would be enforced equally until repealed. That the Constitution set the foundation and that its guarantees would be honored even if we disliked the result in a particular case. But that’s not our country today.
The idea of the rule of law today is a lie. There is no law. There is no justice. There are only lies.
Hillary Clinton is manifestly guilty of multiple felonies. Her fans deny it half-heartedly, but mostly out of habit – in the end, it’s fine with them if she’s a felon. They don’t care. It’s just some law. What’s the big deal? It doesn’t matter that anyone else would be in jail right now for doing a fraction of what she did. But the law is not important. Justice is not important.
“People assumed that the law mattered, that the same rules applied to everyone. That duly enacted laws would be enforced equally until repealed. That the Constitution set the foundation and that its guarantees would be honored even if we disliked the result in a particular case. But that’s not our country today.”
The attorney general secretly canoodles with the husband of the subject of criminal investigation by her own department and the president, the enforcer of our laws, shrugs. The media, the challenger of the powerful, smirks. They rub our noses in their contempt for the law. And by doing so, demonstrate their contempt for us.
“Hillary Clinton is manifestly guilty of multiple felonies. Her fans deny it half-heartedly, but mostly out of habit – in the end, it’s fine with them if she’s a felon. They don’t care. It’s just some law. What’s the big deal? It doesn’t matter that anyone else would be in jail right now for doing a fraction of what she did. But the law is not important. Justice is not important.”
Only power matters, and Hillary stands ready to accumulate more power on their behalf so their oaths, their alleged principles, their duty to the country – all of it goes out the window. But it’s much worse than just one scandal that seems not to scandalize anyone in the elite. Just read the Declaration of Independence – it’s almost like those dead white Christian male proto-NRA members foresaw and cataloged the myriad oppressions of liberalism’s current junior varsity tyranny.
There is one law for them, and another for us. Sanctuary cities? Obama’s immigration orders? If you conservatives can play by the rules and pass your laws, then we liberals will just not enforce them. You don’t get the benefit of the laws you like. We get the benefit of the ones we do, though. Not you. Too bad, rubes.
“There is one law for them, and another for us. Sanctuary cities? Obama’s immigration orders? If you conservatives can play by the rules and pass your laws, then we liberals will just not enforce them. You don’t get the benefit of the laws you like. We get the benefit of the ones we do, though. Not you. Too bad, rubes.”
So if you are still obeying the law when you don’t absolutely have to, when there isn’t some government enforcer with a gun lurking right there to make you, aren’t you kind of a sucker? Read the rest of this entry »
What are the biggest misunderstandings about capitalism? Deirdre McCloskey, professor at the University of Illinois at Chicago, argues that contrary to common belief, it’s not the amount of capital that has been amassed which sets the last two centuries apart, but rather the explosion of innovation—which in turn has made the capital investment worth it.
How do you boost a song’s popularity? In China, now there’s a new option: put it on a government blacklist.
Hu Xin reports: China’s Ministry of Culture this week banned 120 songs for “containing content that promotes sex, violence or crime, or harms public morality.” According to a notice posted on the ministry’s website late Monday, streaming music sites and karaoke parlors must remove the offending songs within 15 days or else face an unspecified “severe punishment.” The songs are also banned from commercial performance.
Of the 120 blacklisted tunes, many contain explicit language or touch on amorous themes, with lyrics about “making love” and “one night stands.”
“You see why China will never have its own Eminem now. Hip-hop is popular in America because you can sing everything you want.”
— Music fan on Weibo
Some stars such as Taiwan’s Ayal Komod and MC Hotdog have songs that made the list. Yet about one-fifth of the banned songs were penned by two Chinese hip-hop groups, In 3 and Xinjiekou. While lauded by fans of the genre, the two bands – who sing about their daily lives and sometimes voice their anger towards society — are little-known outside mainland hip-hop circles.
“Have they really listened to those songs or did they just judge them based on their titles?”
MC Han, one of the founders of Xinjiekou, told China Real Time in a phone interview Tuesday that he is not frustrated by the sudden blacklisting of eight of his songs.
“It actually serves as a reminder for composers like us and helps guide our music creation,” he said of the ban. “Those songs were written to express our true feelings when we were less mature.”
Celebrations will take place across the country and King’s College London will be supporting the Anniversary through an important research project, which will produce the first clause-by-clause commentary on the Charter’s content in a hundred years, as well as hosting lectures and other commemorative events.
In this film leading experts examine the history, significance and relevance today of the document that is credited with establishing the rule of law.
Dr Andrew Blick
Institute of Contemporary British History (ICBH)
Professor Vernon Bogdanor
Institute of Contemporary British History (ICBH)
Professor David Carpenter
Department of History
Rt Hon Lord Judge
The Dickson Poon School of Law
Professor Maleiha Malik
The Dickson Poon School of Law
[BOOKS] Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940, by Daniel R. ErnstPosted: March 4, 2015
Review of TOCQUEVILLE’S NIGHTMARE: The Administrative State Emerges in America, 1900-1940, by Daniel R. Ernst Oxford University Press, 2014
ADRIAN VERMEULE is the John H. Watson Professor of Law at Harvard Law School. He is the author or co-author of eight books on public law and legal theory, most recently The Constitution of Risk (2014).
Adrian Vermeile writes: Although Dan Ernst ends his account of the emergence of the American administrative state in 1940, the true climax, at least from the lawyer’s point of view, occurs in 1932. In that year the great Chief Justice Charles Evans Hughes undertook his titanic effort to forge a charter of compromise, a treaty of peace, between the administrative state and the rule of law. The case was Crowell v. Benson, involving an agency charged with deciding workman’s compensation cases involving injured maritime workers.
“The mid-century attempt to domesticate the American administrative state, described so skillfully by Ernst, ultimately came undone, and it is a live question whether anything else has taken its place.”
Hughes’s opinion in many ways laid down lines of demarcation that were written into the Administrative Procedure Act of 1946, the great framework statute or quasi-constitution of the administrative state. It is a tribute to Hughes that his effort created an equilibrium that outlasted the turbulent years of his Chief Justiceship — despite the intervening constitutional revolution of 1937, after which the courts stopped trying to enforce narrow readings of the national government’s power over interstate commerce, and stopped trying to police statutory grants of authority from Congress to the executive (the so-called “nondelegation doctrine”).
Having paid due tribute, however, it must be said that the equilibrium Hughes brought into being is a thing of the past. The line of demarcation between administration and law, the frontier of the administrative state, has shifted markedly, with law giving way to administration across almost every margin identified in Crowell — in large part because law has abnegated its authority to administration. Ernst is not wholly clear about whether the equilibrium he identifies persists all the way into the present, doubtless because the story from 1940 to the present is not the story he is trying to tell. But to understand the significance of his book, it is important to understand that what it offers is a portrait of a particular equilibrium, one that has since vanished. The mid-century attempt to domesticate the American administrative state, described so skillfully by Ernst, ultimately came undone, and it is a live question whether anything else has taken its place.
“Ernst’s narrative is highly readable and strikes just the right balance among the historian’s love of detail, the lawyer’s need for conceptual organization, and the political theorist’s addiction to high-level principles.”
Ernst’s narrative is highly readable and strikes just the right balance among the historian’s love of detail, the lawyer’s need for conceptual organization, and the political theorist’s addiction to high-level principles. Let me begin with the level of political and constitutional theory. The high-level frame of the book is a choice or contest among possible visions of the relationship between law and administration. Traditional lawyers were afflicted by “Tocqueville’s nightmare,” a vision of a centralized administration abusing its powers and trampling on legal rights. (The nightmare persists, of course, as Philip Hamburger’s recent book shows). The main alternatives or competitors may be understood as different conceptions of “the rule of law.”
One alternative, championed by Ernst Freund, was the German idea of the Rechtsstaat — the rule-of-law state founded on clear positive enactments that would fix the metes and bounds “where the sovereign’s will prevailed and where it yielded to the will of the individual” (p. 2). The Rechtsstaat ideal, however, lost out to a different conception of the rule of law, championed by Hughes among others — a modified and updated version of Albert Venn Dicey’s ideal that subjected all official action to review by ordinary common-law courts.
“…perhaps the major expansion of the administrative state since Crowellhas come not in the areas it addressed, but in an area it said almost nothing about: agency rulemaking. Agencies may act like little courts, as in Crowell, or like little legislatures, making general rules with the force and effect of law.”
After the emergence of the administrative state, the original version of the Diceyan ideal was a non-starter. Ernst shows convincingly that even some traditional lawyers came to understand and appreciate the expertise and efficiency of relatively nonpolitical agencies, who were more professional and less liable to be overrun by patronage politics than other potential suppliers of lawmaking, such as legislative committees, and more knowledgeable and less expensive than the common-law judges and the elaborate processes of litigation. Such lawyers reinvented themselves as transactional engineers, shepherding clients through the administrative process — not “officers of the court” but “officers of the state” (6). Yet lawyers like Hughes also worked to translate or adapt Dicey’s commitments in the new environment, developing an approach that retained a crucial role for judicial review of administrative action. As Richard Fallon has observed in a different but related context, the translated Diceyan approach attempted not so much to get every given case right, but instead to provide an overall scheme of review that would suffice to keep the administrative state within the bounds of law. Read the rest of this entry »
David Boaz writes: Not long ago a journalist asked me what freedoms we take for granted in America. Now, I spend most of my time sounding the alarm about the freedoms we’re losing. But this was a good opportunity to step back and consider how America is different from much of world history — and why immigrants still flock here.
[Check out David Boaz‘s book “The Politics of Freedom: Taking on The Left, The Right and Threats to Our Liberties” at Amazon]
Rule of law. Perhaps the greatest achievement in history is the subordination of power to law. That is, in modern America we have created structures that limit and control the arbitrary power of government. No longer can one man — a king, a priest, a communist party boss — take another person’s life or property at the ruler’s whim. Citizens can go about their business, generally confident that they won’t be dragged off the streets to disappear forever, and confident that their hard-earned property won’t be confiscated without warning. We may take the rule of law for granted, but immigrants from China, Haiti, Syria, and other parts of the world know how rare it is.
Equality. For most of history people were firmly assigned to a particular status — clergy, nobility, and peasants. Kings and lords and serfs. Brahmans, other castes, and untouchables in India. If your father was a noble or a peasant, so would you be. The American Revolution swept away such distinctions. In America all men were created equal. Thomas Jefferson declared “that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately, by the grace of God.” In America some people may be smarter, richer, stronger, or more beautiful than others, but “I’m as good as you” is our national creed. We are all citizens, equal before the law, free to rise as far as our talents will take us.
Equality for women. Throughout much of history women were the property of their fathers or their husbands. They were often barred from owning property, testifying in court, signing contracts, or participating in government. Equality for women took longer than equality for men, but today in America and other civilized parts of the world women have the same legal rights as men. Read the rest of this entry »