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Vic Biorseth, OWM; Thursday,
April 17, 2014
I was reading an old article (1/6/07) in First Things (at http://www.firstthings.com/article/2007/01/common-law-liberty-rethinking-american-constitutionalism) by Robert F. Nagel. It was about some of the rational ideas contained in a book by James R. Stoner titled Common-Law Liberty: Rethinking American Constitutionalism. What stirred my curiosity was the explored dichotomy between straight common law and the growing tendency to form policy from the bench.
New to me were the twin notions that common law depends on legal precedent, and that common law is increasingly seen as part of an “exalted image” jurists and constitutional scholars have of themselves. It may be this “image” that corrupts common law with purely subjective inferences, based on supposedly newly acquired “knowledge” of changing culture.
Roe v. Wade, we would all agree, was a judicial abomination. But Planned Parenthood v. Casey, which could have overturned Roe v. Wade, didn’t, and the reason was Constitutional Jurisprudence; the value placed upon legal precedent. And that is to say, common law. Roe v. Wade, in the first place, should not have been adjudicated at the federal law level, because no such law ever existed before Roe v. Wade, and abortion is outside the limited and enumerated powers of the federal government. That makes it a matter of local community standards. Thus the right to abort someone became federal common-law legal precedent, in a case that should not have even been adjudicated at the federal level.
Another area of significant interest touched on freedom of speech, in which the Court seems to be constructing protections for “defamation, profanity and fighting words” into an absolute right. To me, no right should be absolute. Everything should have reasonable limits. In multiple pages in this site I have opposed absolute rights to speech as well as religion, culminating in the Outlaw Marxism and Outlaw Islam pages. It seems to me that we should not be legally required to tolerate systems that seek our national doom, and the doom of the very constitution that grants us the rights of freedom of speech and religion.
While I would not oppose anyone’s right to promote Marxism
or to evangelized Islam in the public square, I would oppose any such person the right to entry into
any candidacy, office or armed force that requires an oath to defend the
constitution. Marxism and Islam clearly
oppose the constitution, so adherents could not honestly take such an oath
anyway. Nor should they be allowed any position of trust in our society. We should not be legally required to invite our own avowed conquerors or murderers to dinner.
As usual, I seem to be in the minority here. Read the article yourself and let me know your thoughts.
Have a blessed Holy Week.
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Date: Tue Aug 19 2014
From: Vic Biorseth
Changes pursuant to changing the website URL
and name from
Thinking Catholic Strategic Center to
Catholic American Thinker.
Pulled the trigger on the 301 MOVE IT option June 1, 2014. Working my way through all the webpages. .
Never be lukewarm.
Life itself demands passion.
He who is indifferent to God has already forfeited his soul.
He who is indifferent to politics has already forfeited his liberty.
In America, religion is not mere window dressing and citizenship is not a spectator sport.
Do not allow our common destiny as a whole people to just happen without your input.
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show articles exposing the infiltration of evil into the Church, larger
Christianity, the American government, Political Parties, the larger
Culture, and Western Civilization
The Infiltration of Evil Pages
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Decision Point: Will You (We) Stand in Truth, or Lay Down with The World? The exact same Decision Point at which Nineveh was saved, and Sodom and Gomorrah were lost.
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"Unfettered Capitalism" does not exist; so why is the term so popular? Unfettered Capitalism is a nonsensical term. The moment it is fettered it is no longer Capitalism.
Do detractors even know what Trickle Down economic theory is? Those who condemn Trickle Down economic theory either don't understand it, or they are trying to fool someone.
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Wayward bishops and complicit journalists corrupted Catholic culture. Evil grew as a leaven in the clergy and corrupted Catholic culture from within.
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The Culture of Death always wears a false but alluringly innocent smiley face. The Culture of Death, where Madam Hillary loves Scripture and your Living Will won't necessarily kill you.
Thinking of Bai MacFarlane and the upcoming Synod on the Family. Whatever emanates from the Synod, the Bai MacFarlane family tragedy brings it all into proper focus.
Incremental Tyranny advances as we Tea Party-ers cheer our imagined victories. How we always greet more Incremental Tyranny with a cheer, a whoop and a happy-dance.
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"We belong to the Church militant; and She is militant because on earth the powers of darkness are ever restless to encompass Her destruction. Not only in the far-off centuries of the early Church, but down through the ages and in this our day, the enemies of God and Christian civilization make bold to attack the Creator’s supreme dominion and sacrosanct human rights.”--Pope Pius XII
"It is not lawful to take the things of others to give to the poor. It is a sin worthy of punishment, not an act deserving a reward, to give away what belongs to others."--St. Francis of Assisi
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