Long division

Jonathan Alter @jonathanalter has declared a loser in the culture wars: The independent women who will help determine the election want the government--and their bosses--out of their private lives. The culture wars are over, and the Republicans lost.If they want the government out of their lives, they most certainly will not vote for Obama. What… Continue reading Long division

NY State Senators: We need Canada’s speech laws

Only 10 times more restrictive. Proponents of a more refined First Amendment argue that this freedom [speech] should be treated not as a right but as a privilege — a special entitlement granted by the state on a conditional basis that can be revoked if it is ever abused or maltreated.Refined? That isn't "refined." It's… Continue reading NY State Senators: We need Canada’s speech laws

International Law

A couple of items come together here regarding Constitutional interpretation in the United States (several more await attention). This post examines the wisdom of looking to other countries for jurisprudence (or maybe jurisimprudence). I.e., the idea that foreign legal practice supplies appropriate counsel for the Supreme Court of the United States. In the case of… Continue reading International Law

Construct and Application – Opportunity and Outcome

JPM comments on a previous Hershblogger post and inspires another post (or two). JPM writes: The following excerpt speaks to a very important point: Recognizing government as incompetent does not carry us all the way to chaos. One needn’t postulate anarchy in order to object to a specific infringement on civil liberty as beyond the… Continue reading Construct and Application – Opportunity and Outcome


While we’re on the topic of the destruction of 1st Amendment rights as championed by statist do-gooders like John McCain, let’s not forget George Bush is the President who invited this evolving draconianism in the first place. Did he think, as I suspect he did about the steel tariffs he also didn’t veto, that after… Continue reading Culpable?