Showing posts with label seperation of powers. Show all posts
Showing posts with label seperation of powers. Show all posts

09 November 2009

Baghdad Bob Gibbs Minister of Propaganda

Patriot Post on Liberty

"Can Washington Make You Buy Health Insurance?"

Yes, yes, says White House Press Secretary Robert Gibbs.

Congress has the power to make everyone buy health insurance.

'I don't believe there's a lot of case law that would demonstrate the veracity' of comments to the contrary.

Thank you, Mr. Justice Gibbs. We'll see about all that when -- if -- the matter of Congress' power over private commercial judgments of this nature gets to the U.S. Supreme Court. Meanwhile the knock-down, drag-out over health insurance 'reform' shouldn't be allowed to fuzz up another immensely vital question; to wit, how in James Madison's name have we reached the point that Congress can so much as contemplate telling you, and you, and you, and all of us that we'll buy health insurance, like it or not, Buster?

Why do we have to? Because the government says so, isn't that reason enough? For Mr. Justice Gibbs, and the people who employ him, it is. Just about anything Congress decides to do in the name of uplift seems to be constitutional: In other words, in accord with written stipulations as to what the national government may and may not do.

Several problems arise concerning this fine theory:

-- It's nonsense. It contravenes the whole constitutional concept of divided powers: particular functions reserved to particular branches of government. And other powers divided between states and the national government.

-- It threatens liberty. A government that knows no limits to its power can be counted on to step more and more heavily on citizens' rights and privileges. All for the 'general good' naturally!

-- It divides the citizens. On the one hand, those who want particular favors from government; on the other hand, those who deny that government has the right to dispense such favors.

The Obama administration, which desperately wants health care to pass, brushes off such concerns as cranky and relevant mainly to wild-eyed Limbaugh and Palin fans, when in fact concerns about the rightful exercise of government power should inform every legislative debate. Those it doesn't inform are likely to end badly. Majority support of this or that initiative doesn't legitimize the initiative."

--William Murchison, senior fellow at the Texas Public Policy Foundation

06 August 2009

Constitutional Law Lecture Series

Ten Lectures On
AMERICAN CONSTITUTIONAL LAW
By HENRY MARK HOLZER

http://www.henrymarkholzer.com


The Constitution of the United States of America is under an unprecedented subversive attack from Barack Osama and his runaway Democrat Congress, aided and abetted by the complicit mainstream media.

While many “tea party” and other American patriots are valiantly trying to fight for our core constitutional values, they’re disarmed because they know little about American constitutional law.

They don’t know the answers to countless crucial constitutional questions. For example:

Did Congress have the constitutional power to give a lame-duck, unelected treasury secretary unchecked and unsupervised power to dispense a trillion dollars of taxpayer money?

Does Obama have the constitutional power to appoint unaccountable “Czars” over virtually every aspect of our lives?

Why did a bare majority of the Supreme Court usurp from President George W. Bush his constitutional control over America’s national security and the “War on Terrorism”?

Why do even supporters of Roe v. Wade’s result admit that, as constitutional law, the decision is indefensible?

How does the left justify interpreting the Constitution not as written, but as a “living” document that can mean anything Earl Warren, Ruth Bader Ginsburg and, soon, Sonia Sotomayor, feel it should mean?

Is the “fairness doctrine”—which could kill conservative talk radio—a violation of the Constitution’s First Amendment?

Are American citizens about to be stripped of their constitutional “right to bear arms”?

What are “unenumerated” constitutional rights, and why they have never been recognized?
Can the Constitution’s First Amendment be an effective counterweight to the enormous, ever-growing power of the federal government?

The answers to these and countless other questions about our Constitution and its interpretation will, for good or ill, determine much about the future of the United States of America.

Those who would fight for that future must learn the answers to these and many other constitutional questions. They must acquire, on a layperson’s level, a basic understanding of the Constitution's genesis, its written text, the manner in which it has been interpreted, and the consequences of that interpretation.


SYLLABUS

1 Formation of the American Republic
Events leading to the Declaration of Independence, the text and meaning of the Declaration of Independence, the Continental Congress, the Constitutional Convention, the text of the Constitution, the battle over ratification in the Federalist Papers and state conventions, the achievement of the first Congress, and the Bill of Rights ratification debate.

2 The American Constitutional System
An explanation of what "constitutional law" is, and where it comes from. The written document and why the Supreme Court is its final arbiter.

Federalism: the relationship and tensions between the federal and state governments, with examples showing federal legislation affecting matters which were supposed to be within the powers of the states.

Separation of powers: the relationship and tensions between the three supposedly equal branches of government — legislative, executive and judicial — with examples of where the “more equal” branch, the Supreme Court, refereed battles between the other two branches and, in the bargain, expanded its own powers.

Judicial supremacy: primarily Chief Justice John Marshall's opinion in Marbury vs. Madison, which established the principle of Judicial Review.


3 Congress and Its Powers

The source, nature, and scope of Congress’s power.

Congress’s power to regulate interstate commerce.

Congress’s war, foreign affairs, and related powers.

Congress’s other, miscellaneous powers.

4 The Presidency And Its Powers
The President's “chief executive” and “faithfully execute” power. The President's power as Commander-in-Chief.

5 The Judiciary And Its Powers
The source, nature, and scope of judicial power. Limitations, if any, on judicial power.

6 Intergovernmental Relations
The “horizontal” relationship between the states, and the requirement of “full faith and credit.”
Constitutional Limitations on Congress's Power
Textual limitations on the power of Congress, including slavery, and the writ of habeas corpus.
Constitutional Limitations On The Power Of The States
The few textual limitations of the power of the states, including the prohibition on their impairing contracts.

7 Prohibitions On Both Congress And The States: The Bill Of Rights
Introduction to the Bill of Rights.
The Bill of Rights applies only against the federal government.

8 The First Amendment
Speech.

Press.

Religion.

9 The Eighth Amendment
Cruel and Unusual Punishment.

10 The Fourteenth Amendment
Procedural due process: notice and opportunity to be heard.
Substantive due process: contraceptives and abortion.
Equal protection of the law. race, gender, sexuality.


GENERAL INFORMATION

Lectures

The ten lecture series will be presented on Sunday evenings, from 5:00 PM to 7:00 PM Pacific Time.

The dates are as follows: September 13, 20, 27;
October 4, 11, 18, 25;
November 1 (Note: This is the first day of Daylight Saving Time).
November 8, 15.

Each lecture will be two hours in length (like most current movies), with no breaks.

Because the lectures are not given in person, it will not be possible for listeners to ask on line questions. However, questions may be submitted by email. Depending on their quantity and relevance, there may be an eleventh session, at no additional cost, solely for the purpose of answering a selection of them.

How to listen

The lectures will be delivered live through gotowebinar.com.

Persons considering taking the lecture series are encouraged, before registering, to check out the Webinar site for all details regarding the communication aspects. Webinar’s system works well and its customer service is extremely good, unhurried, and available 24/7. It is the responsibility of registrants to understand and properly utilize that system to access the lectures.

Upon registering with Professor Holzer for the lecture series and providing an email address (see below), gotowebinar.com will send all registrants via email complete information about how to tune in each week, what the Webinar computer system requirements are, etc.

Registrants will not have to download any software. Essentially, they will need only to click on a link that the Webinar folks provide.

It’s that simple: Send a check, receive the link, follow the instructions, click at the appropriate time …….. and arm yourself with an understanding of American constitutional law.

Cost

The total cost for the entire lecture series—ten lectures of two hours each—is $100.00.

Checks should be payable to Henry Mark Holzer.
.
After registering, refunds will not be made except for technical glitches that make listening impossible.

Registration

To register for the lectures, please send your check, complete contact information, and a working email address to: Henry Mark Holzer, 42750 Baracoa Drive, Indio, CA, 92203.

Professor Holzer’s blog is www.henrymarkholzer.blogspot.com. It is essential that everyone who registers for the lectures also registers to receive his blog because it will be one of the methods by which he will communicate with registrants.