Formerly the Thinking Catholic Strategic Center
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.
Sarcastic Acronym Hover-Link Footnotes: For the convenience of those readers using devices that lack a mouse, these footnotes are provided for all webpages, in case any webpage contains any hover-links. (If you don't have a mouse, you can't "hover" it over a link without clicking just to see the simple acronym interpretation. Click any footnote link to see the acronym and a detailed explanation.)SLIMC1 Secularist Liberal Intellectual Media Complex
The Brilliantly Conceived Organization of the USA; Vic Biorseth
Return to the BLOG page
Return to the HOME PAGE
Subscribe to our Free E-Zine News Letter
Respond to This Article Below The Last Comment
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.
Get in the fight! Engage the Enemy!
Seek the Truth; find the Way; live the Life; please God, and live forever.
All Published Articles
By Publication Date
Catholic American Thinker
Free E-zine Subscription
You will receive immediate email newsletters with links to all new articles as they are published here. Your email is perfectly secure here; we use it only to send you the
Catholic American Thinker
and absolutely nothing else.
Enter ye in at the narrow gate: for wide is the gate, and
broad is the way that leadeth to destruction, and many there are who go in
thereat. How narrow is the gate, and strait is the way that leadeth to life:
and few there are that find it! Beware of false prophets, who come to you in
the clothing of sheep, but inwardly they are ravening wolves.
Jesus Christ; Matt 7:13-15
This group of links
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
Showing how Evil advances in culture by one little "accommodation" at a time, to the point where supposedly good men of high stature eventually come to support it under other names, through corrupted language.
On Cultural Desensitization to Strategies of Cultural Destruction. The systematic psychological desensitization of a nation's citizenry to the reality of mortal threats to nations.
The Infiltration of Evil Pages highlight the hidden advance of our cultural destruction. Mighty nations, invincible in battle, may be taken down by slow parasitic infiltration of evil.
On the Coming Total Global Reset. This Global Reset will touch every aspect of human life, and nothing will be the same again.
Gay Marriage: What the hell is gay about it? It isn't Gay Marriage, it's Homosexual Marriage. If you surrender the language you lose.
Disorder and Confusion from the White House. And from the Vatican, too? The growing disorder in Obama's America, and in Pope Francis' Catholic Church.
The "Top Down" Catholic Revolution by Bishops Against Established Doctrine. The "Bottom Up" Catholic Revolution by Laymen For Established Doctrine.
Anathematizing anathema: the predictable result of the denial of evil. In a world that denies the existence of evil, anathematizing anathema itself is the only anathema allowed.
On Glorious Adult Judgmentalism, and Our Disastrous Loss Of It. The desire to "Find Common Ground" precipitates our slow, steady, sure decline into pure evil.
The Grand Conspirators, gathering riches and power through treachery and deceit. The Grand Conspirators behind collapsing currencies, environmental panic, social revolution and the end of nations.
Farewell America? No friendly nation will bid "Farewell America" as we go under, for all friendly nations will be too preoccupied with their own deadly emergencies.
American Faith: What it was in the beginning, what it is now, what it should be. If Modern American Faith is not to be Christian, then, what exactly is it to be? Nothingness?
The cultural road to Sodom: Wide, smooth, straight and downhill all the way. Asking the questions, is America already the New Sodom, and is there any way back to simple decency?
Property = Wealth = A Penny Saved = A Fundamental Human Civil Right. Wealth Redistribution = confiscating private property from those who earned it to benefit those who did not earn it.
What does income inequality, or any inequality, have to do with morality? When did we become so stupid? Income inequality, wealth gaps, etc., are not moral issues.
Imperfect Cliven Bundy v. all the Perfect White Commentators. Perfection is not of this world, but the next; unless you're a White Journalist, Pundit or Commentator.
The Class Warfare Lies of "Social Justice" infecting theology and philosophy. Most every time Social Justice is invoked, you are about to hear some Class Warfare Lies.
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.
On Common Law and the Constitution. What, exactly, is Common Law?
The Contraception Perversion: The Deep Root Cause of All Sexual Perversions. Every form of sexual perversion has its roots in the original perversion of Artificial Contraception.
How many "Practicing" Catholics are really only Lip Service Catholics? Lip Service Catholics like to look Catholic and sound Catholic, but they are fraudulent Catholics.
"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.
Marching nations into the Great Collective under the banner of Social Justice. Does Social Justice mean collective property, collective labor, collective rights and collective salvation?
Presenting Yankee Economics to Ranking Catholic Churchmen and others unfamiliar. Yankee Economics 101: A light description for those who never experienced it.
Wayward bishops and complicit journalists corrupted Catholic culture. Evil grew as a leaven in the clergy and corrupted Catholic culture from within.
Establishment Democrats, Establishment Republicans, and Establishment Bishops? Supposedly Catholic, Inside-the-Beltway, Big Government, Progressive, Establishment Bishops.
On the Objective Reality of God, Objective Reality versus Subjective Empiricism, which holds that Reality is subject to Human Perception.
Death to the Church of Nice. Long Live the One, Holy, Catholic and Apostolic Church.
Religion in Culture: the vitally important factor no longer recognized today. Secularists oppose religion in culture. But then, secularists oppose both religion and culture.
Cardinal Dolan's Church of Sodomy: destroying New York Catholicism from the top. Cardinal Dolan is doing to New York Catholicism exactly what Comrade President Obama (peace be upon him) is doing to Constitutional America.
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.
Catholic American Treason: Bishops join Republcrats in Obamunist treason. Bishops participate in the destruction of American sovereignty, in acts of Catholic American Treason.
On The Evil One's Mal-Formed Compassion and Malignant Mercy. In malignant mercy we see that evil and untruth can infiltrate and commandeer even the virtues.
Promoting Moral Depravity: the popular sport of the intellectual elites. Almost no one knows they are promoting moral depravity, but almost everyone is.
The Pathological Liars of the Left. What do common criminals, Marxists and Moslems have most in common? They are all pathological liars.
Disinformation differs from miss-information by being deliberate and deceptive. Deliberate Disinformation moves America and the World deeper and deeper into error.
Evil is, definitively, Falsehood; Evil is the Opposite of permanent Truth. Evil convincingly argues Religion out of Politics in this temporary, passing world, where Satan reigns.
On the Stupidity of Evil, and the Connection between Evil and Stupidity. Evil is Opposition to God, and Opposition to God is just Glaring Stupidity.
Truth Denial: Über-elitist, high intellectual, super sophisticated Stupidity. Evil = Falsehood; the opposite of Truth. It is not possible to oppose reality and not be stupid.
"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
Truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.—Winston Churchill
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.—Ayn Rand
If you can't find the page you're looking for, try the