The judiciary should not rule based on what's popular, or perceived as popular. Instead they should recognize that this is not a democracy but a republic based on the rule of law - and the supreme law of the land is the Constitution. If that Constitution is made of wax, it is of no use.   Read the rest of this entry »

If you want to understand how the Constitution became a shadow of its former self, The Dirty Dozen is an excellent place to start.   Read the rest of this entry »

James takes a look at what the newly media-proclaimed "expert" (Richard Stengel) on the Constitution has to say in the most recent edition of Time magazine. (Note, Stengel's no expert, his article is rife with errors and his ideology leaks through all over it.)   Read the rest of this entry »

Individual rights were not a significant issue during the Constitutional Convention, but a Bill of Rights certainly became a major issue during ratification. Those who fought for a Bill of Rights weren’t looking for a government guarantee of an itemized list of rights. Even the anti-Federalists believed that rights came from God, not the government. These Constitutional dissenters were demanding that government be restricted from interfering with their rights. In other words, they wanted it made crystal clear where the government dare not tread.   Read the rest of this entry »

The takings clause is the people's bulwark in defense of private property. Despite its clarity, it has been a weak shield against the abusive exercise of determined power. Madison’s Convention notes show that the Framers spent little energy on rights, because delegates assumed a national government would adhere to Constitutional restrictions. We all know what happens when you assume ...   Read the rest of this entry »

The Founders intended the ultimate check on the national government to be the people. They believed that only by limiting government powers could liberty survive the natural tendency of man to dictate the habits of other men.   Read the rest of this entry »

At the close of the Constitutional Convention of 1787, Franklin was queried as he left Independence Hall on the final day of deliberation. In the notes of Dr. James McHenry, one of Maryland’s delegates to the Convention, a lady asked Dr. Franklin “Well Doctor what have we got, a republic or a monarchy.” Franklin replied, “A republic . . . if you can keep it.”   Read the rest of this entry »

The Constitutional Convention was an astonishing accomplishment. Some say it was a miracle. The members of the convention surmounted numerous hurdles - including agreeing to exceed the bounds of their instructions from Congress. Bearing the heat, flies, and short tempers, the delegates pounded through numerous debates and arrived at a consensus.   Read the rest of this entry »

"Ideas have consequences," Richard Weaver wrote some 70 years ago in his book urging a return to the transcendental values of Western Civilization. Especially consequential are the ideas in the preamble of the Declaration, as this essay reminds us.   Read the rest of this entry »

Mastermind by Richard Miniter is far more than the story of Khalid Shaikh Mohammed (KSH). This new book is a concise history of terrorism from the 1993 World Trade Center bombing through the September 11, 2001 attacks to the present day.   Read the rest of this entry »