There is legislation working its way through Congress called the Respect for Marriage Act. But does this act truly respect marriage? Let’s face it, the definition of marriage has been changing for centuries. Marriages used to include polygamy and other relationships that are no longer legal. But does this act respect the institution of marriage, change it to make it better, or merely open the door to its degradation. Does Congress even have the legal authority to pass such legislation.
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While writing my last two articles about the Virginia Bill of Rights, I became more and more impressed by the person who had written them. I decided to do some research on this little know but extremely important Founding Father, and what I found did not diminish my opinion of him. So today, let’s take a closer look at George Mason, the man known as the Father of the Bill of Rights.
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Last week we looked at the first eight sections of the Virginia Declaration of Rights. This predecessor to the Declaration of Independence and Bill of Rights not only gives us some ideas about what Thomas Jefferson was thinking when he wrote the Declaration, but why George Mason refused to sign the Constitution when the other framers did. Let’s finish the job by going through the last eight sections.
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Prior to the Declaration of Independence being adopted, Virginia adopted their Declaration of Rights.
A Declaration of Rights
Is made by the representatives of the good people of Virginia, assembled in full and free convention which rights do pertain to them and their posterity, as the basis and foundation of government.
George Mason wrote this declaration, but its impact goes far beyond the Commonwealth of Virginia. We can see the influence of this document on Thomas Jefferson in the opening paragraphs of the Declaration. Let’s take some time and look at this predecessor of our Declaration of Independence.
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You may have heard about Texas bill H.B. 20, an attempt by the government of Texas to prevent censorship by social media companies. You might also have heard about the case making its way through the federal judicial system regarding this particular law. The central question we should be asking is, when is freedom of speech not freedom of speech? Put another way, can government, either legislatively or judicially, force private companies to share communication they disagree with?
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If you spend any significant time discussing court opinions, you’ve encountered the concept of “Judicial Review”. What is judicial review, where does it come from, and is it used today the way it was originally defined? These are the questions every American should have a basic understanding of if they wish to live free. So that is what we are going to look at in this article.
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None of us want to be judged by our race, sex, or how we live our lives. But what right do we have to impose our views on others, even to the point of controlling their private property. That is the question in a complaint against Yeshiva University. Does the City of New York have the legal authority to make a private university recognize a student group? Can the state order a religious school to violate its core beliefs to accommodate the wishes of a student? If we wish to live at liberty, doesn’t that mean we have to allow others to enjoy their own liberty, even if we disagree with it?
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“By hook or by crook”, that seems to be the sentiment of some who promote abortion in this country. When they could not get their way by federal law, they engaged the federal judiciary. When the judiciary abandoned them, they went back to using state law to get their way. And when state law didn’t get them all they wanted, they used regulation to “back door” themselves around the law. Such seems to be the case in California.
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