From the News

384 – When are Constitutional Amendments Unconstitutional?

Since last year’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturned the court’s precedent in Roe v. Wade, there has been a flurry of work on both sides of the debate. Some states passed legislation restricting access to abortions except for medically sound reasons, others to not only secure abortion access in law but effectively declare themselves abortion sanctuary states. Some groups are working to enshrine abortion in their state’s constitution. With all of the heated rhetoric on both sides, one question never seems to be asked. Would of these state constitutional amendments be constituional?

382 – Gift of Freedom on Independence Day

I don’t think I’m exaggerating to day that Judge Terry Doughty did more to protect Freedom of Speech and Press in America in my lifetime, possibly since the Bill of Rights was ratified in 1791. What could one man do that had such a tremendous impact? How could one preliminary injunction be so important? While there has been plenty of hype about judge Doughty’s order, from both sides, as I have taken the time to review it, I am impressed both by it’s scope and it’s quoting of both the Constitution and Founding Fathers to prove the rightness of it’s position. What decision of a judge could have such an impact on the rights of the American people? The recognition of if infringement on one of our most basic rights, the freedom of expression, and the willingness to stand against it.

Some may say it is fate that this judge issued his order on the 4th of July, 2023. I see it as providence that this judge has once again honored that date as our Independence Day!

380 – Compounding Errors in Favor of Religious Liberty

Our judicial system today works like a bad case of the game “telephone”. You probably remember that game from grammar school. The teacher would whisper something into one child’s ear, who would then whisper it into the next child’s ear, and on and on until the message got all the way around the room. Then the teacher would compare what they had whispered in to the first child’s ear with what the last child heard, and it would be completely different. This child’s game shows the dangers of what I call a “compounding replication error”, the idea that small errors that occur when something like a message is replicated, compounded with each new replica, until the original message is lost. This is how our judicial system works today, often with disastrous effects. In the case of Groff v. Dejoy, Postmaster General most people see a win for religious liberty. I, however, see another generation of a compounding replication error in judicial opinion that, while granting the correct outcome today, lays the groundwork for the destruction of our rights and the rule of law tomorrow

379 – Racism, By Any Other Name, is Just as Perverse

Merriam-Webster’s Dictionary defines racism as:

racism noun a belief that race is a fundamental determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race
Racism – Merriam-Webster Online Dictionary

This idea has taken many forms in American history, slavery, Jim Crow laws, Black Codes, eugenics, and yes affirmative action. Regardless of the euphemism you use, all of these policies are based in the idea that race is a fundamental determinant of human traits and capacities.

377 – Freedom of Speech in Colorado

Freedom of speech has been under attack in this country, and Colorado has been a big part of it. First Jack Phillips of Masterpiece Cakeshop has spent ten years trying to defend his right to not be compelled to create custom cakes with messages which violate his beliefs. So when Lorie Smith wanted to expand her business into developing custom wedding websites, she was concerned that Colorado would do to her what it was doing to Jack Phillips. Her request for an injunction went all the way to the Supreme Court.

374 – Enforcing the Requirement to Organize Act

Richard Trumka calls it the “Protecting the Right to Organize Act”. What it should be called is the “Takeover and Socialism of Labor Act”. While they claim that the act is to protect the right to organize, a look at the language of the bill shows that this is not about protecting the right to unionize, but forcing people to do so. Once again we see the federal government illegally regulating employment, coercing people to join a collective, and doing all it can to destroy small business.

372 – The Durham Report – Justice Delayed

By now I’m sure you’ve heard about the Durham report. There have certainly been enough reports, at least on the non-corporate media sites. With all of the points of view on the net, I thought it was time to review the document myself and share my thoughts with what I hope is an attentive world. At 316 pages, the report is fairly long, so I will focus soon the Executive Summary. Besides, what I found there was enough to fill an episode all by itself.

370 – Corruptly or Not Corruptly, That is the Question

A recent decision by the D.C. Court of Appeals may have an interesting impact on the prosecutions of those charged with the Capitol breech on January 6, 2021. The case of United States v. Fischer appeals three decisions in lower courts reading the charge of “Obstruction of an Official Proceeding” (18 U.S.C. §1512(c)(2)). Since many of those charged regarding the January 6th incident were charged until this statue, the decision could have wide ranging impacts. It all comes down to the question of did these people act corruptly?