Category Archives: Law

Africa BC And AC (Before And After Colonialism)

Africa, Law, Private Property, Propaganda, Technology, The West

“Africa BC And AC (Before And After Colonialism)” is the latest column, now on The Daily Caller.

From their plush apartments, over groaning dinner tables, pseudo-intellectuals have the luxury of depicting squalor and sickness as idyllic, primordially peaceful and harmonious. After all, when the affluent relinquish their earthly possessions to return to the simple life, it is always with aid of sophisticated technology and the option to be air-lifted to a hospital if the need arises. Is there any wonder, then, that “the stereotype of colonial history” has been perpetuated by the relatively well-to-do intellectual elite? Theories of exploitation, Marxism for one, originated with Western intellectuals, not with African peasants. It is this clique alone that could afford to pile myth upon myth about a system that had benefited ordinary people.

What is meant by “benefited”? Naturally, the premise here is that development, so long as it’s not coerced, is desirable and material progress good. British colonists in Africa reduced the state of squalor, disease and death associated with lack of development. To the extent that this is condemned, the Rousseauist myth of the noble, happy savage is condoned. Granted, Africa’s poor did not elect to have these conditions, good and bad, foisted on them. However, once introduced to potable water, sanitation, transportation, and primary healthcare, few Africans wish to do without them. Fewer Africans still would wish to return to Native Customary Law once introduced to the idea that their lives were no longer the property of the Supreme Chief to do with as he pleased. …

… When all is said and done, the West is what it is due to human capital—people of superior ideas and abilities, capable of innovation, exploration, science, philosophy. Human action is the ultimate adjudicator of a human being’s worth; the aggregate action of many human beings acting in concert makes or breaks a society. Overall, American society is superior to assorted African and Arab societies because America is still inhabited by the kind of individuals who make possible a thriving civil society. …

Read the rest. “Africa BC And AC (Before And After Colonialism)” is now on The Daily Caller.

Travel Ban II Overturn: When Legal Reasoning Is Lost

Justice, Law, Reason, Religion, The Courts, The West

Alan Dershowitz doesn’t grasp the extent to which traditional western legal reasoning has broken down, or is being dismantled, in American courts. Likewise, conservatives rabbit on about liberal judges. Replace them and respect for the Constitution will be restored.

But there’s much more to the fact that, “A federal district judge in Hawaii has just issued a Temporary Restraining Order (TRO) blocking the key provisions of the President’s revised Executive order that pauses the refugee program and admittance of foreign nationals from 6 terrorist hotbeds (Syria, Iran, Sudan, Libya, Somalia, and Yemen) until thorough vetting can be put in place.” (Via ACLJ. RELATED: “ACLJ Goes to Court, Files 2 More Briefs Defending Revised National Security Executive Order.”)

You have a court that is seeking to establish a precedent, whereby taking “statements made during a political campaign” are used to “strike down a faithfully constitutional executive order,” as Dershowitz put it. (“Dershowitz: Why the Supreme Court will uphold Trump’s travel ban.”)

To CNN, Dershowitz said this:

… here you have a judge who is finding statements made during a campaign, if you can take the statements into account, Trump loses if the statements are devastating. But if the court rules that you can’t take those statements in account and you have to look only at the text of the order, then Trump wins because the court is dead wrong when it says it’s unconstitutional if it includes six countries all of which are 90 percent Muslim. That’s perfectly constitutional because that’s what Obama did. So, what the court rules if Obama does it, it’s constitutional, but if Trump does it, it’s unconstitutional because of what Trump said during the campaign. That is a fascinating constitutional issue.

WRONG. This legal brain storm is not fascinating; it’s frightening, because absent from it are certain fundamental givens of Western legal reasoning.

As Hawaii’s Trump travel ban ruling (full text) stands, the American Bill of Rights belongs to THE WORLD, and was written to enrich the American immigration-law industry and its clients the world-over.

UPDATED: Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals

Constitution, Critique, Donald Trump, Homeland Security, IMMIGRATION, Iran, Justice, Law, Neoconservatism

“Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals” is the current column, now on Townhall.com. An excerpt:

Read the judicial rules for radicals issued by the United States Court Of Appeals for the Ninth Circuit, in affirmation of the ban on The Ban. It follows the Executive Order issued by President Donald Trump, with the imprimatur of 62 million voters, to protect the nation from foreign terrorists entering into the United States. Two states objected to the president’s undeniably badly written Order, which, while upholding negative rights—and neither denying natural rights nor minting positive ones—was nevertheless replete with administrative errors.

Acting as coequal partners in the administrative tyranny the president is trying to break, the two states issued a temporary restraining order against “Protecting the Nation from Foreign Terrorist Entry into the United States.” (I can already hear the election midterm ads.)

In the corner for the Deplorables was a government lawyer. August Flentje Esq. had “argued” (if you can call it that) for an emergency stay of the Washington State district court’s temporary restraining order against the president. The three Ninth Circuit jurists who heard the case said no.

CAREER GOVERNMENT LAWYERS. If you’re good at what you do, you look to make it in the private sector (as our president did, before he did us a favor). If not, you seek sheltered employment (as President Trump’s predecessor did). Clearly, clerking for the Supreme Court, as August Flentje had done, doesn’t mean a whole lot.

In presenting the oral arguments for the president and the people, Flentje evinced a level of incompetence that spurred the Bench to the heights of usurpation. For example, when The Court caviled about an alleged lack of evidence for the necessity of the “travel ban,” not only did Flentje fail to provide it, but he failed to question the need for this evidence based on the scope of the president’s constitutional, executive power in matters of nation security.

Mr. President: You promised to hire the best. Alan Dershowitz is champing at the bit. Kris Kobach would kill it in any court. (Jonathan Turley is soft. Don’t touch Fox News’ tele-judges.)

Helped by the poor job stumblebum Flentje did in arguing the president’s prerogative and position, the Ninth Circuit judges usurped President Trump’s constitutional authority, substituting their own judgment for his. The three refused to lift the ban on the ban and reinstate an Executive Order that was never meant to be subjected to judicial review, in the first place.

GEORGE W. BUSH’S LAWYER. Those on the Right who opposed George Bush during his presidency (check) were vindicated yet again. In the nooks-and-crannies of our command-and-control judiciary, Bush had squirreled away a jurist as bad as John G. Roberts Jr.

Recall, Roberts, chief of the country’s legal politburo of proctologists, rewrote Obama’s Affordable Care Act. He then proceeded to provide the fifth vote to uphold the individual mandate undergirding the law, thereby undeniably and obscenely extending Congress’s taxing power. (Lazy government worker Paul Ryan still hasn’t come up with an alternative to ObamaCare, one that’ll prevent the Left from torching the country. Patience. It’s only been eight years.)

The unelected Bush appointee under discussion is from my State of Washington. District Judge James L. Robart, like Bush, would wrestle a crocodile for an illegal immigrant. Or, for potential immigrants, preferably from Iran, Iraq, Syria, Yemen, Libya, Somalia, and Sudan.

Having been granted standing by the Ninth Circuit to appeal President Trump’s Executive Order, Robart, as explained by a Daily Caller contributor, “hinged his entire ruling on a concept called parens patriae, …

… READ THE REST.  “Coequal in Tyranny: The Ninth Circuit’s Rules for Radicals” is the current column, now on Townhall.com.

Best tweet:

Best retort to #9thCircuit nutters: US can bomb the 7 Muslim countries. That's constitutional. It can't peacefully disassociate from them. https://t.co/c1JG0qdhgl

Posted by Ilana Mercer, Author on Thursday, February 9, 2017

FACEBOOK:

Noah Purcell, you don’t represent Washington State. You, the tech execs and social justice clientele are having a ‘moment.’ Enjoy! It won’t last! You didn’t even have standing to bring the case. You’re asserting the rights of people who are not even Americans. You’re a joke. The 9th circuit is a joke.

Don’t Forget, Judicial Activist James Robart Is A Bush-Appointed Judge

Bush, Donald Trump, IMMIGRATION, Justice, Law

Via The Daily Caller:

President Trump was correct in excoriating liberal activist federal judge James Robart for his grossly legally defective temporary restraining order against President Trump’s temporary travel ban. Beyond excoriation Robart needs to be impeached and removed from the bench for judicial incompetence.

Robart reached far beyond his judicial authority in even supposing that the State of Washington had standing to appeal President Trump’s order in the first place. Robart hinges his entire ruling on a concept called parens patriae, a term meaning “A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.” Ordinarily used by states to protect children and those who are incapacitated, Robart here tries to invoke this state-level power against the Congress and the President.

RELATED Centralized Judicial Tyranny: Bush-Era Judge (& Tech Execs) Moves Against Trump Immigration Order

But preparation was lacking: