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The Tyrannical Rule of the U.S. Supreme Court by Donald C. Brockett

Tyrannical Rule of the Supreme Court cover

What is meant by “tyranny”?  It was the tyranny of King George that provoked America’s Declaration of Independence in 1776.   It was “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” that would […]

Justice Gorsuch and the Rule of Law in His Own Words

Gorsuch

“It is the role of judges to apply, not alter, the work of the people’s representatives.” Circuit Judge Neil Gorsuch, January 31, 2017 (After his nomination on January 31, 2017, Neil Gorsuch was confirmed by the Senate on April 7, 2017.  The title of this piece was altered to reflect that.) Over the next few […]

Consider State Constitutions When the Supreme Court Fails

Official Portrait of Justice Sonia Sotomayor

The United States Supreme Court, in Utah v. Strieff , continued on its course of ominously undermining Fourth Amendment protections against unreasonable searches and seizures by limiting the application of the exclusionary rule.[1]  The result is an invitation for police to randomly and unreasonably arrest[2] citizens without the Fourth Amendment’s requirement of probable cause. The Fourth Amendment directly […]

The First Republican Debate Group and the Constitution

Rick_Santorum_official_photo

President Obama has been criticized for overstepping constitutional boundaries with his governing approach dependent on his “pen” and his “phone”. The Supreme Court has made sweeping constitutional decisions regarding Obamacare and same sex marriage. Both the executive and the judiciary have been described as “lawless” in these and other contexts. That description principally addresses perceived […]

The Fourteenth Amendment’s Privileges OR Immunities Clause

Senator Howard Jacob

The Supreme Court deserves the respect it earns.  When it fails to enforce the Constitution as it was written its credibility is strained.  Regarding the Fourteenth Amendment’s Privileges or Immunities Clause, it has been wrong for nearly 150 years. The Bill of Rights was ratified in 1791 in response to complaints that the original Constitution […]

Sixth Amendment’s Speedy Trial Right: Ancient, Worthy and Elusive

Speedy Trial Clock

The Constitution’s Bill of Rights contains many protections for those the government accuses of having committed a crime.  Among them is the Sixth Amendment right to a “speedy trial”.  The provision is stated: “In all criminal prosecutions, the accused shall enjoy the right to a speedy … trial” The right may has old roots and […]

The Tenth Amendment to the US Constitution

The_Tenth_Amendment

“The Tenth Amendment is the foundation of the Constitution.”  – Thomas Jefferson Among the questions raised by opponents of the Constitution during the ratification debates was the lack of an express limit on federal power, and that it would be a danger to individual freedoms and to the powers of the states. In response to […]

Eighth Amendment: Banning Cruel and Unusual Punishment

Eighth Amendment

The Eighth Amendment to the US Constitution is part of the Bill of Rights.  Along with the Fourth, Fifth and Sixth Amendments it recognizes procedural rights for persons accused of crimes.  The purpose of these procedural rights is to protect an individual’s inalienable natural right to liberty.  When originally ratified in 1791, the Bill of […]

The Seventh Amendment: Right to a Jury in Federal Civil Trials

TrialByJury Jefferson Quote

The Founding Fathers had a healthy fear of government power. They relied upon citizen juries to check that power. The suspension of jury trials was one of Declaration of Independence grievances against King George.  The Constitution’s 7th Amendment reflects colonial history and beliefs. John Adams described the place of the jury in the system of […]

Fourth Amendment Victory: Cell Phones Cannot be Searched Without a Warrant

cell-phone

In an age of NSA surveillance, secret courts issuing secret warrants, IRS officials allowing private data to be made public and more, it is important to take notice when the Supreme Court steps up and unanimously limits government intrusions in line with the intent of the Founders. Applying 18th Century constitutional commands in the modern […]