Quotulatiousness

August 11, 2017

Penn & Teller on Gun Control

Filed under: History, Liberty, USA — Tags: , , , — Nicholas @ 02:00

Published on 11 Feb 2013

Penn and teller explain the 2nd amendment in very simple, easy to understand terms. Just the way it was written.

July 30, 2017

The Greenback cases

Filed under: Government, History, Law, USA — Tags: , , , , — Nicholas @ 03:00

At Samizdata, Paul Marks discusses why it is so difficult to prevent governments from expanding their powers far beyond what the constitution may allow:

… a Constitution is only as good as the enforcement mechanisms to make sure it is obeyed – and as Luther Martin warned at the Constitutional Convention in Philadelphia, trusting government appointed judges to limit the powers of the very government that appointed them is a fatally flawed idea.

This is not a recent problem. Even in the 19th century the Supreme Court often ruled that the Federal Government has powers that the Constitution does NOT give it. For example the infamous “Second Greenback Case” where the Supreme Court, with newly appointed “justices” (appointed, in part, for this corrupt purpose) overturned the “First Greenback Case” where the court had declared, quite correctly, that the Federal Government has no power to print (or have printed) money – only to “coin money” (Article One, Section Eight of the Constitution of the United States) and that only gold or silver coin (not paper money) may be “legal tender” in any State (Article One, Section Ten of the Constitution of the United States). Nothing could be plainer than that paper money is unconstitutional – indeed the very reason the United States Constitution was written in the first place was to prevent the “not worth a Continental” paper money issued by the Continental Congress to finance its government – those who support the Articles of Confederation system forget that one of its fundamental flaws was that it allowed the government to print money, as it gave no reliable source of taxation to finance the United States Armed Forces. Without a large scale and professional armed forces there is no point in having a United States of America at all – and each State might as well go its own way till conquered by European powers in the 18th century or by the People’s Republic of China in the 21st century.

[…]

To return to the Greenback Cases… – Chief Justice Salmon P. Chase (the former “slaves lawyer” famous for his anti slavery legal work before the Civil War) de facto ruled that the Treasury Secretary during the Civil War had acted unconstitutionally in having money printed, even though the the Treasury Secretary of the time was Salmon P. Chase (himself). It is not necessary to recuse yourself if you intend, de facto, to find yourself guilty. However, more “justices” were added to the court – and the judgement (and the Constitution) was overturned. The argument being that no more paper money was being printed – it would gradually go over time, so there was no need to make a fuss… still less to declare that the “United States Dollars” in the pockets of people were just bits of paper with ink on them (not “money”).

In 1935 the Supreme Court de facto ruled (by five votes to four) that the Federal Government could steal all monetary gold and void all private and public contracts that had gold (or silver) clauses in the contracts. There was no Constitutional basis for this decision (none whatever – just “lawyer’s cant”) and the Federal Reserve notes declared valid money came from an organisation (the Federal Reserve system created in 1913) that the Congress had no Constitutional power to create. The Supreme Court, led by the Chief Justice, might as well have chanted “Death to America!” and “Hail Satan!” as they announced their judgement – as some of the dissenting judges pointed out. Thus the unconstitutional Credit Bubble financial system was pushed forward. The doubts of Luther Martin at the Constitutional Convention were vindicated – government appointed judges sitting without a jury can not be trusted.

July 25, 2017

“‘Legal fiction’ sounds better than ‘lie’, but in this case the two terms are near synonyms”

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 05:00

The Instapundit Glenn Reynolds in USA Today on US Attorney General Jeff Sessions’ passion for civil asset forfeiture:

Attorney General Jeff Sessions wants to steal from you.

Oh, he doesn’t call it that. He calls it “civil forfeiture.” But what it is, is theft by law enforcement. Sessions should be ashamed. If I were president, he’d be fired.

Under “civil forfeiture,” law enforcement can take property from people under the legal fiction that the property itself is guilty of a crime. (“Legal fiction” sounds better than “lie,” but in this case the two terms are near synonyms.) It was originally sold as a tool for going after the assets of drug kingpins, but nowadays it seems to be used against a lot of ordinary Americans who just have things that law enforcement wants. It’s also a way for law enforcement agencies to maintain off-budget slush funds, thus escaping scrutiny.

As Drug Enforcement Agency agent Sean Waite told the Albuquerque Journal, “We don’t have to prove that the person is guilty. … It’s that the money is presumed to be guilty.”

“Presumed to be guilty.” Once in America, we had a presumption of innocence. But that was inconvenient to the powers that be.

As Tamara Keel said “Appointing Sessions was the opposite of ‘draining the swamp’; it was basically pumping in a whole bunch of vintage swamp water”

July 22, 2017

Civil asset forfeiture is “an unconstitutional abuse of government power”

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 03:00

At the Hit & Run blog, Damon Root reports on at least one US Supreme Court justice’s strong views on civil asset forfeiture:

Attorney General Jeff Sessions announced this week that the Justice Department will increase the use of civil asset forfeiture, the practice that allows law enforcement officials to seize property from persons who have been neither charged with nor convicted of any crime. “Civil asset forfeiture is a key tool,” Sessions declared. “President Trump has directed this Department of Justice to reduce crime in this country, and we will use every lawful tool that we have to do that.”

But civil asset forfeiture is not a “lawful tool.” It is an unconstitutional abuse of government power. The Fifth Amendment forbids the government from depriving any person of life, liberty, or property without due process of law. Civil asset forfeiture turns that venerable principle on its head, allowing government agents to take what they want without the bother of bringing charges, presenting clear and convincing evidence, and obtaining a conviction in a court of law. It is the antithesis of due process.

By ordering the expansion of this unconstitutional practice, Sessions has placed himself on a collision course with Supreme Court Justice Clarence Thomas. As Thomas recently explained in a statement respecting the denial of certiorari in the case of Leonard v. Texas, not only has civil asset forfeiture “led to egregious and well-chronicled abuses” by law enforcement agencies around the country, but the practice is fundamentally incompatible with the Constitution.

As I described Sessions’ attitude in a post on Gab: “Asset forfeiture now, asset forfeiture tomorrow, asset forfeiture forever!” http://minx.cc:1080/?post=370736. The victims of asset forfeiture tend not to be the druglords or property tycoons … the majority are relatively poor and the asset being taken from them is often their primary financial possession. Druglords and tycoons can easily afford high-powered lawyers … poor people whose life savings have just been seized have no recourse at all in most states. As Senator Rand Paul said: “People who are victims of civil forfeiture are often poor, African American or Hispanic, and people who can’t afford an attorney to try to get the money that’s taken from them by the government”.

Megan McArdle points out that “civil asset forfeiture is […] almost the literal embodiment of that hoary old socialist proverb: ‘Property is theft’:”

Now, this may not seem unreasonable to you. Why should criminals be allowed to keep their ill-gotten gains? And fair enough, except for one small thing: They can take your stuff without charging or convicting you.

Law enforcement agencies have often been able to keep the seized assets for their own use, which has given them a keen interest in generating new civil asset forfeiture cases. As Justice Clarence Thomas remarked, while rebuking his colleagues for failing to hear a case on this topic, “this system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses.” (And indeed, abuse is rampant.)

Because of those well-chronicled abuses, the Obama administration in 2015 ended what was known as the Equitable Sharing program, which allowed local law enforcement to seize assets and then transfer them to the federal government, with the federal government passing back part of the proceeds to the local department. This proved an excellent way to get around state laws, including those intended to funnel seized assets into state coffers. The Obama administration very sensibly decided that it didn’t want to help law enforcement become a sort of freelance tax authority, and shut this practice down.

Now Sessions has revived it. “How is this conservative?” demanded an earnest liberal of my acquaintance. And all I could reply was that that is a very good question.

July 19, 2017

Devising a constitutional role for aboriginal groups in Australia

Filed under: Australia, History, Politics — Tags: , , , — Nicholas @ 03:00

Peter O’Brien outlines the proposal to incorporate a permanent formal role for Australian aborigines in the federal government:

It started out as a limited initiative to ‘recognise’ indigenous Australians as the first occupiers of this land in the Constitution. At least that’s what Tony Abbott, an enthusiastic supporter even before he became Prime Minister, thought. And initially, it was thought that a majority of Australians could support such an initiative.

But since that time it has morphed into something much more sinister as revealed by the final report of the Referendum Council.

[…]

Since all government policy specifically relating to indigenes is intended to eliminate discrimination and disadvantage so that they may take their place, as equal in material and aspirational aspects, as they already are in citizenship, then, presumably, one of the aims of the advisory body should be to work towards its own demise. If it is embedded in the Constitution, that will never happen. It will linger on, a cancerous sinecure rather like the HRC, manufacturing reasons to justify its own existence.

Liebler gives the game away before the starting gun has even gone off:

    “The option of inserting a new provision into the Constitution prohibiting discrimination on the basis of race was determined by delegates to be a “shield”, vulnerable to interpretation by the High Court, whereas a voice to parliament was viewed as a “sword”.”

Since when has a Constitution been envisaged as a mechanism to provide to some of its citizens a “sword” to use against others of its citizens. Yet Leibler disparages the idea of a ‘shield’ in the Constitution since it is vulnerable to interpretation by the High Court. By using the term ‘vulnerable’ he tacitly acknowledges that activist judges can distort the original good intent of legislation.

If that is true for the ‘shield’ of a Constitutional anti-discrimination provision, why would it not be equally true of the ‘sword’ of an advisory body. Here is one example of logic that might be employed thus:

    “If the intent of the framers of this provision was that the Indigenous Council should have no powers other than advisory, why was it put into the Constitution rather than just left to legislation?”

If this sounds simplistic, it is, but it wouldn’t take a legal mind much more sophisticated than mine to turn it into the kind specious nonsense with which we are constantly bombarded by members of the Legal Left.

There is no doubt that the ultimate aim of the activists is sovereignty, because they have repeatedly told us so. This advisory body, this sword’, is the mechanism by which they hope to progress their aim. Some, on the Left, will argue that the activists only represent a hard core and that, if the indigenous population get their way on this, the majority will be happy, that will be an end to the matter and the remaining activists will become irrelevant. Yeah, sure! Pretty much the same way that jihadis have become irrelevant.

June 24, 2017

The Articles of Confederation – Lies – Extra History

Filed under: Britain, Cancon, Government, History, Liberty, USA — Tags: , , , , — Nicholas @ 04:00

Published on Jun 17, 2017

The Articles of Confederation gave the United States their name, but even beyond that, they exposed many of the issues that would underlie this new nation for the rest of its history. James Portnow interviews series writer Soraya Een Hajji about the Articles of Confederation!

June 19, 2017

The Articles of Confederation – IV: Constitutional Convention – Extra History

Filed under: Government, History, Liberty, USA — Tags: , , , — Nicholas @ 02:00

Published on May 27, 2017

What if we kept the Articles of Confederation? The Alternate History Hub explores: https://www.youtube.com/watch?v=x1NTboCDbtk

The war finally ended and the United States secured their independence from Great Britain, but immediately their Confederation seemed to be on the verge of falling apart. Alexander Hamilton and James Madison teamed up to organize a new convention where all the states would not just reform the Articles of Confederation, but replace them entirely.

June 14, 2017

The Articles of Confederation – III: Finding Finances – Extra History

Filed under: Government, History, USA — Tags: , , — Nicholas @ 04:00

Published on 20 May 2017

With the newly United States on the verge of bankruptcy, Congress reaches out to the most able financier in the nation: Robert Morris. His ambitious plans attract the aid of Alexander Hamilton, but fall to ruins when the states abandon him.

June 12, 2017

“They have gradually moved legislative power out of Congress and into administrative agencies — to be exercised, in more genteel ways, by persons like … themselves”

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , — Nicholas @ 16:14

Glenn Reynolds (aka the Instapundit) on the unelected bureaucracies that have taken on more and more executive power over the lives of ordinary American citizens and their businesses:

Watching the ongoing clown show in Washington, Americans can be forgiven for asking themselves, “Why did we give this bunch of clowns so very much power over our nation and our lives?”

Well, don’t feel so bad, voters. Because you didn’t actually give them that much power. They just took it. That’s the thesis of Columbia Law Professor Philip Hamburger’s new book, The Administrative Threat, a short, punchy followup to his magisterial Is Administrative Law Unlawful? Both deal with the extraordinary — and illegitimate — power that administrative agencies have assumed in American life.

Hamburger explains that the prerogative powers once exercised by English kings, until they were circumscribed after a resulting civil war, have now been reinvented and lodged in administrative agencies, even though the United States Constitution was drafted specifically to prevent just such abuses. But today, the laws that actually affect people and businesses are seldom written by Congress; instead they are created by administrative agencies through a process of “informal rulemaking,” a process whose chief virtue is that it’s easy for the rulers to engage in, and hard for the ruled to observe or influence. Non-judicial administrative courts decide cases, and impose penalties, without a jury or an actual judge. And the protections in the Constitution and Bill of Rights (like the requirement for a judge-issued search warrant before a search) are often inapplicable.

As Hamburger writes, “Administrative power also evades many of the Constitution’s procedures, including both its legislative and judicial processes. Administrative power thereby sidesteps most of the Constitution’s procedural freedoms. Administrative power is thus all about the evasion of governance through law, including an evasion of constitutional processes and procedural rights.”

June 10, 2017

The Articles of Confederation – II: Ratification – Extra History

Filed under: France, Government, History, Liberty, Politics, USA — Tags: , , , — Nicholas @ 04:00

Published on 13 May 2017

The Continental Congress sent the Articles of Confederation to the thirteen states for ratification, but Maryland insisted on changes that Virginia rushed to oppose. Meanwhile, the American Revolutionary War raged on.

June 7, 2017

The Articles of Confederation – I: Becoming the United States – Extra History

Filed under: Britain, Government, History, Liberty, USA — Tags: , , — Nicholas @ 04:00

Published on May 6, 2017

When the thirteen colonies of North America broke away from Great Britain, they struggled to draft their first constitution. After great debate, they created the Articles of Confederation and formed the United States of America.

May 20, 2017

“Trump has always said the kinds of things that most of us learn to think the better of around our freshman year of high school”

Filed under: Media, Politics, USA — Tags: , , , — Nicholas @ 03:00

Megan McArdle on the calls to impeach or otherwise depose Il Donalduce (soft coup, anyone?):

Trump has always said the kinds of things that most of us learn to think the better of around our freshman year of high school — not just the tragic wailing about how hard everyone is on him, but also the needy self-flattery: When he isn’t claiming that he knows more about Islamic State than our nation’s generals do, he is putting similarly laudatory words in the mouths of the brilliant and impressive people who apparently constantly ring him up so they can gush like tween fangirls at a Justin Bieber concert. Does he expect people to believe these utterances? I have no idea. But the reason most people don’t say such things is that whether you expect them to or not, no one ever does.

As for the rest … the twitter rants? Check. The lack of respect for longstanding political and institutional norms? Check. The outrageous, uncalled-for attacks on anyone who gets in his way? Check-plus. All quite evident before the American public went to the polls in November. And that is the rub.

It’s one thing to remove a president who is clearly no longer the man (or woman) we elected to the office. But this is what Americans, in aggregate, pulled the lever for. Do his staffers and Congress have the right to step in and essentially undo that choice?

Even as a thought experiment, that’s a tough question. It becomes much tougher still when we are not in a tidy textbook, but in a messy real world where his followers, having voted for this behavior, do not recognize it as a sign of impairment. If Trump is removed now, they will see the removal not as a safeguard, but as a soft coup. And they won’t be entirely unjustified. The damage to our political culture, and its institutions, would be immeasurably grave.

I think there’s a case for removing Trump on the grounds that he is clearly not competent to execute the office — not that he has committed “high crimes and misdemeanors,” but that he simply lacks the emotional and mental capacity to do the job. But preserving the very norms he’s destroying requires that removal not be undertaken until things have reached such a state that most of his followers recognize his problems. So those of us who believe that the competence of the executive matters — that there are things worse in a president than “more of the same,” and that what we are now seeing is one of them — will simply have to hope like heck that his supporters come to the same conclusion we have before he damages much more than his own reputation, and the hopes of the people who elected him.

April 11, 2017

The return of Jane Galt

Filed under: Economics, Politics, USA — Tags: , , , , , — Nicholas @ 05:00

Megan McArdle, who used to blog as “Jane Galt”, did an Ask Me Anything on Reddit:

I’m Megan McArdle, a columnist for Bloomberg View, covering business, economics, public policy and the latest in kitchen gadgets. Ask me anything!

[…]

[–]LegalInspiration 5 points 6 hours ago*

In the short, medium, and long terms, generally speaking, would you say the US as a political and civil society is screwed? If so, how screwed would you say it is? If that’s too argumentative, maybe a more polite way to phrase it is: Do you see the gradual disruption of national unity post WWII as something that will cycle within a set of sustainable boundaries, or will the trend continue long term to the point where the US is no longer sustainable as a coherent and singular entity?

    [–]janegalt[S] 4 points 5 hours ago

    A couple of decades ago, I toyed with the idea of writing a novel where the US broke up into two countries: Liberalstan and Fundamentalistalia. Back then I thought it was a metaphor; now I’m less sure. The country feels more divided than it has in my lifetime, or that of my parents. It may be the worst it’s been since the Palmer Raids; maybe the worst since the Civil War.

    That said, to quote Adam Smith, “There’s a lot of ruin in a nation”. I think we have plenty of room to turn it around. But I think to do so, we need to think creatively about a kinder, gentler nationalism. Not the kind that says “Whee, let’s invade other countries”, but the kind that emphasizes love of country and the things we have in common–not the love we’ll grudgingly dole out after the nation has perfected itself, nor the things we’ll have in common after all those wretches in the other half of the country see the light and/or die. But love of each other right now, despite our many flaws.

    Every country needs a certain amount of myth making, and a certain amount of irrational pride in itself to hold it together. That’s particularly true for America, which can’t derive a national identity from, well, not being America. I think a lot of people imagined that tearing down all the myth making, and disparaging that irrational love of country, would turn us into good global citizens. Only it turns out that the opposite of nationalism isn’t globalism; it’s tribalism. And the tribes are gearing up to make war on each other in a way that the US hasn’t seen for a long time.

[…]

[–]TJIC1 4 points 6 hours ago

You are libertarian – but a “pragmatic” one who suggests / acknowledges that gov is necessarily going to end up in pretty much every corner of everything, and that the space of reasonable policy debate is small changes at the margin. This seems to suggest that we will never repeal FDR innovations like ignoring the 9th and 10th amendment, changing commerce clause to read “Federal gov can do whatever it wants”, etc. What’s the best we can hope for for liberty? What we have today – a modern welfare state where USG consumes 30% of economy and regulates everything from toilet flushing to proper woods to make a guitar fretboard from?

…or a welfare state where USG consumes 50% of the economy?

…or 90%?

[–]janegalt[S] 5 points 5 hours ago*

    The gap between real and ideal for libertarians is certainly wide, and I am less hopeful than I was twenty years ago that we’ll ever close it. I hate the “read whatever the government wants to do into the Constitution” jurisprudence that was required to enable the New Deal, and the fact that judges have appointed themselves to replace poets as the unacknowledged legislators of the world.

    At some point as a commentator you have to decide whether to advocate for first best or eighth best policy. I’ve generally decided to advocate for what I think is politically realistic, rather than what I think is ideal. I think you need both kinds though–the compromisers need the hardline idealists to provide a sort of compass point, and the idealists need the compromisers to provide the actual movement in the right direction.

    That said, this last election was very bad for libertarian ideas, representing a rejection of both our ideas about social policy, and those about political economy. I think libertarians have a lot of hard work ahead thinking about where we can realistically make advances in the next decade or so. I wish I knew the answer to that. My best guess is: the middle class entitlement state is not going to be rolled back. There may be some room for progress on America’s incredibly inefficient regulatory state, which would be a great boon for both economic liberty, and growth. I think the GOP will try to do tax cuts, but will fail to accomplish anything significant, for much the same reasons that their health care bill failed: there’s no money, and no public appetite for a tax cut that mainly benefits the affluent-to-rich (as it will have to, because at this point, the middle class and below don’t pay significant income taxes).

    That said, we should also remember the progress that has been made on the liberty front. In 1944, FDR had the head of Montgomery Ward arrested for thwarting his war planning board; in 1952 Truman nationalized the steel mills. That stuff doesn’t happen any more, and a lot of the worst New Deal regulations have gone away. Police practices are way better than they were before Miranda and other decisions made sure that defendants knew their rights (I’m not saying they’re perfect, but they’re definitely better). And if you’re a minority or a woman, all sorts of legal discrimination has been erased over the last fifty years. Those are major victories for libertarians, and we shouldn’t think that there’s some golden age we’re falling away from. We’ve lost a few, but we’ve won a few too.

February 12, 2017

QotD: Magna Carta

Filed under: Britain, History, Law, Liberty, Quotations — Tags: , , , — Nicholas @ 01:00

It’s remarkable that the English-speaking world remembers Magna Carta. The product of a struggle between King John and his barons, it was sealed on the bank of the Thames 800 years ago, on June 15, 1215. But in a sense, the most valuable thing about Magna Carta is precisely that it is remembered. Other charters were issued across medieval Europe, but they were rapidly forgotten.

Magna Carta alone endured because the kings of England never consolidated their power fully enough to be able to ignore their subjects. The charter was a useful political weapon in this struggle against arbitrary royal power, which is why it was so often reissued, appealed to, and celebrated, not least in the United States by the Founding Fathers: The Massachusetts state seal adopted in 1775 includes a patriot holding the Great Charter. To remember is, literally, to recall to mind, to renew in thought, which is why memory, as Orwell recognized in 1984, is a great defense of liberty.

This year, Magna Carta is being acclaimed as the contract that first established the idea that law was above government. As British politician and historian Daniel Hannan has put it, from Magna Carta flowed “all the rights and freedoms that we now take for granted: uncensored newspapers, security of property, equality before the law, habeas corpus, regular elections, sanctity of contract, jury trials.” And that’s fair: The barons wanted to limit King John’s arbitrary power, and without limits there is no liberty under law.

But it does not take very much bravery now to celebrate our rights. Today, the language of rights is universal, though often hypocritical. Worse, the danger to liberty in the U.S. and Britain today is not arbitrary power of the sort exercised by King John, who offered no real theory except that he needed the money he was stealing to fight his wars in France. The danger to liberty today, ironically, comes more from arbitrary power backed up by the rights-talk that can trace its origins back to Magna Carta. Against my right to free expression stands your supposed right not to be offended. My right to property must now pay for your right to free health care. My right not to be discriminated against must give way to your right to be discriminated in favor of.

Ted R. Bromund, “Magna Carta limited government”, National Review, 2015-06-15.

February 3, 2017

The Gorsuch nomination

Filed under: Government, Law, USA — Tags: , , — Nicholas @ 04:00

In the Washington Post, Radley Balko says that the nomination of Judge Neil Gorsuch is actually a gift to the Democrats:

It always seems a bit futile to speculate about how a Supreme Court nominee will behave down the line. Conservatives are still kicking themselves over David Souter. Eisenhower called Earl Warren the biggest mistake of his career. I personally was skeptical of Sonia Sotomayor’s history as a prosecutor and her judicial record on criminal-justice issues. She has turned out to be the court’s most reliable defender of due process and the rights of the accused.

But, of course, we do need to look into nominees, and their records and personal histories are all we have. So let’s have a civil liberties-centric look at Neil Gorsuch, President Trump’s nominee to replace the late justice Antonin Scalia.

The Good: As far as I’m concerned, the most important thing to look for in a Supreme Court justice right now is a willingness to stand up to executive power. For at least the next four years (in all likelihood), the White House will be occupied by a narcissist with a proclivity for authoritarianism. We aren’t yet two weeks in to Trump’s administration, and we’re already barreling toward one or more constitutional crises. Oddly and perhaps in spite of himself, of the three names said to be on Trump’s shortlist (Gorsuch, Thomas Hardiman and William Pryor), Gorsuch appears to be the most independent and has shown the most willingness to stand up to the executive branch. […]

Gorsuch is perhaps most known for his decision in the Hobby Lobby case, in which he wrote a strong opinion denouncing the birth-control mandate in the Affordable Care Act. Whether you think that’s a plus or a minus obviously depends on whether you prioritize reproductive rights or religious freedom. But even if you’re bothered by his opinion in that case, Gorsuch’s championing of religious freedom does at least seem to be careful and principled, and not partisan toward Christianity. In Yellowbear v. Lampert, a majority of his fellow appeals court judges ruled that a federal statute required the state of Wyoming to grant a Native American prisoner access to a sweat lodge on prison grounds. Gorsuch went farther, arguing that even prisoners still retain a right to practice their religion.

Gorsuch is a critic of “overcriminalization,” or the massive and growing federal criminal and regulatory codes. I think that’s a good thing. The Volokh Conspiracy’s Ilya Somin points out that he has history of ruling that criminal laws should be read narrowly, with ambiguities resolved in favor of defendants. That, too, is a good thing.

I was also struck by Gorsuch’s acceptance speech. It was noticeably un-Trumpian. He was humble, reverent of institutions and deferential to the office for which he had just been nominated. Unlike the man who nominated him, he came off as someone devoted to the law, not someone who believes he is above it.

Older Posts »

Powered by WordPress