Category Archives: Natural Law

TV Judge Napolitano’s Nonsensical Indictment Of Trump Border Policy

IMMIGRATION, Law, Left-Liberalism, libertarianism, Natural Law, UN

Judge Napolitano is a left-libertarian. Always said so. On this site, I have often  exposed and argued against  his lefty exploits. Here he essentially asserts that if X trespasses into your home, you can’t, in natural law, remove him. Crap. I hazard that, were you to research this bit of Napolitano legalism, you’d find he’s hiding/finessing certain aspects of due-process jurisprudence.

UPDATE (7/2): I might not have phrased my words above well. Responses on Facebook certainly indicate so. My bad. I am a huge proponent of natural law. However, I think Napolitano here is not articulating natural justice at all, but is full of it. His is more legalism than natural law. I am sure there is a state-passed law somewhere that judges like him can use to criminalize what President Trump is doing. I doubt it’s natural law. Where in natural law does it imply that trespassers have to be kept in their natural clans and formations? That nonsense would be the purview of the positive law, most certainly “international law.”

Of course, “Libertarian and leftist protest over any impediment to the free flow of people across borders is predicated not on the negative, leave-me-alone rights of the individual, but on the positive, manufactured right of human kind to venture wherever, whenever.”—ILANA (May 1, 2009)

NEW COLUMN: Applauding The Donald’s Ongoing Creative Destruction

Constitution, Democrats, Donald Trump, Left-Liberalism, Natural Law, Republicans, The Courts, The State

Applauding The Donald’s Ongoing Creative Destruction” is the current column, now on WND.COM.

An excerpt:

Big Media, the policy veterans and the chancelleries across Europe and Britain are constantly complaining: Donald Trump has had the temerity to defy their international order, summit—and seek peace—with their enemies, and mess with the multilateral maze they call agreements. He even declared, early in June, that the US would be far better off if it negotiated bilateral trade agreements.

Or, in Trump speak, “country-on-country agreements.”

But what does an entrenched punditocracy, a self-anointed, meritless intelligentsia (which is not very intelligent and draws its financial sustenance from the political spoils system), oleaginous politicians, slick media and big money care? They’ve all worked in tandem to advance a grand government—national and transnational—that aggrandizes its constituent elements, while diminishing those it’s supposed to serve.

These political players have built the den of iniquity Trump keeps trampling. Against these forces—NAFTA, NATO, FBI, DOJ, CIA, a whole alphabet soup of acronyms that stands for the Permanent State, national and international—is Trump, still acting as a political Samson that threatens to bring the house crashing down on its patrons.

And his latest. Trump’s judicial appointments, in particular, might just prove to be “his most enduring legacy,” lamented the liberal Economist. These certainly threaten to cement the Supreme Court’s originalist bent:

.. No president has confirmed more federal appellate judges (12) in his first year than Donald Trump. He has also seen six federal district-court judges confirmed, and one Supreme Court justice, Neil Gorsuch. Another 47 nominees await confirmation; 102 more federal judgeships remain open for Mr. Trump to fill. With two of the Supreme Court’s liberal justices, and its one unpredictable member (Anthony Kennedy) aged 79 or older, the president [will] get to name another justice [maybe two] …

Published in June of 2016, “The Trump Revolution: The Donald’s Creative Destruction Deconstructed” made the case that Donald J. Trump is the quintessential post-constitutional candidate.

In the “Opening Statement” titled “Welcome To The Post-Constitutional Jungle,” oldies will recognize a nod to the Guns N’ Roses classic, “Welcome to the Jungle,” as well as to broadcaster Mark Levin’s coinage.

We inhabit what Levin has termed a post-constitutional America. The libertarian (and classical conservative) ideal—where the chains that tether us to an increasingly tyrannical national government are loosened and power is devolved once again to the smaller units of society—is a long way away.

Where the law of the jungle prevails, the options are limited: Do Americans get a benevolent authoritarian to undo the legacies of Barack Obama, George W. Bush and those who went before? Or, does the increasingly ill-defined entity called The People continue to submit to Demopublican diktats, past and present?

The quintessential post-constitutional candidate, Trump’s candidacy was for the age when the Constitution itself is unconstitutional. Like it or not, the original Constitution is a dead letter, having suffered decades of legislative, executive and judicial usurpation.

The natural- and common law traditions, once lodestars for lawmakers, have been buried under the rubble of legislation and statute. However much one shovels the muck of lawmaking aside, natural justice and the Founders’ original intent remain buried too deep to exhume.

The Constitution has become just another thing on the list of items presidential candidates check when they con constituents.

The dissembling words of many a presidential candidate notwithstanding, the toss-up in the 2016 election was, therefore, between submitting to the Democrats’ war on whites, the wealthy and Wal-Mart, or being bedeviled by mainstream Republicans’ wars on the world: Russia, China, Assad and The Ayatollahs. Or, suffering all the depredations listed and more had Candidate Clinton been victorious. …

… READ THE REST. “Applauding The Donald’s Ongoing Creative Destruction” is the current column, now on WND.COM

NEW COLUMN UPDATED (YIPPEE!): Trump Must Stop ‘Refugee Caravan’ Invasion With Executive Order

Donald Trump, Homeland Security, IMMIGRATION, Law, Natural Law, The State

Trump Must Stop ‘Refugee Caravan’ Invasion With Executive Order” is the current column, now on  Townhall.com. 

An excerpt:

Planning for a show-down, a column of 1,500 Central Americans, largely from Honduras, has been beating a path to the Mexican-American border.

Some report that the column has been halted; others dispute that. Interviewed by Reuters in Mexico, a sojourning mother of seven—what are the chances none is an MS13 gangster?—signaled her intention to proceed to the US, if only to teach President Trump a lesson.

Yes, “Make America Great Again” to you, too, Colindres Ortega.

Organizers and participants in this farce aim, very plainly, to publicly demonstrate that the US doesn’t have borders. Led by anti-American agitators, the procession catalyzed the urgency of action to stop an ongoing invasion.

Whether it arrives or not, the caravan is a positive bit of theatre. For one thing, the actors are quite correct. The US doesn’t have borders. For another, the caravan vividly exposes the antagonists in this ongoing tragedy: our overlords in DC. All of them.

To narrow the indictment a tad, note the extent to which the Democrats and their news media have avoided mentioning or covering the caravan. At a time when Democrats are fielding populists like Conor Lamb (who won in Pennsylvania) and former rodeo champion Billie Sutton (he hopes to govern South Dakota)—the mess on the border damns them like nothing else.

It’s these villains who’ve agreed to laws that permit anyone—other than white South Africans—to arrive at that border, do their Les Misérables act, claim to face a “credible fear” back home, get a court date, and bolt like so many rabbits, to be seen again only at the voting booth, the welfare office, the DMV and at DACA demonstrations. They’re the malcontents holding up signs that read “America is racist.”

What all the veiled allusions to “catch-and-release loopholes in American immigration law” imply is this: Ostensibly, there’s no way to turn interlopers away once they plonk themselves on the US border, demand a translator and spin some yarn.

So far, President Trump has “signed a proclamation ordering the deployment of the National Guard to the border with Mexico.” This changes nothing. It remains illegal to defend the border by turning these particular trespassers away.

Other than stare these brazen people down, what will the National Guard do? Change diapers, as they did during the 2014 rush on the border?

Flash back more recently to January of 2016, when candidate Trump began alluding to “President Obama’s irresponsible use of executive orders” having paved the way for him, Trump, to also use them freely if he won the presidential race.

“Amen,” I said at that time—provided Trump uses executive power to repeal lots of laws, not make them. …

“… READ THE REST.  “Trump Must Stop ‘Refugee Caravan’ Invasion With Executive Order” is now on  Townhall.com.  Read it also on  WND.com, the Unz Review, Constitution.com, and others.

UPDATE (4/7/018): YIPPEE! JUST WHAT I ASKED FOR IN NEW COLUMN.

“Memo” or “executive order,” who cares? “Trump has sighed memo ending Catch And Release immigration policy.” A wish come true.

Of interest:

UPDATED (12/8): Flynn’s ONLY Sin Was Lying To Liars, Not Colluding With Russians

Ethics, Government, Law, Natural Law

THE NEW COLUMN, “Flynn’s ONLY Sin Was Lying To Liars, Not Colluding With Russians,” is now on WND.com. An excerpt:

Retired US Army Lieutenant General Michael Flynn’s sin was lying to liars, not colluding with Russians.

When he spoke to Russian Ambassador Sergey Kislyak, following Donald Trump’s 2016 election, former National Security Advisor Flynn was discharging a perfectly legal and patriotic duty to the electorate.

In a fit of pique, then-President Barack Obama had expelled Russian diplomats from the United States. K. T. McFarland, Flynn’s deputy in the Trump transition team, worried that Obama’s expulsion of the diplomats was aimed at “boxing Trump in diplomatically,” making it impossible for the president to “improve relations with Russia,” a promise he ran on. For her perspicacity, McFarland has since been forced to lawyer-up in fear for her freedom.

To defuse President Obama’s spiteful maneuver, Flynn spoke to Ambassador Kislyak, the upshot of which was that Russia “retaliated” by … inviting US diplomats and their families to the Kremlin for a New Year’s bash.

A jolly good diplomatic success, wouldn’t you say?

Present at the Kislyak meeting was Jared Kushner, the president’s son-in-law. Kushner likely instructed Flynn to ask Russia to disrupt or delay one of the UN Security Council’s favorite pastimes: passing resolutions denouncing Israeli settlements. Kushner, however, is protected by Daddy and the First Daughter, so getting anything on Jared will be like frisking a seal.

One clue as to the extent of the Federal Bureau of Investigation’s violations, here, is that Flynn had committed no crime. Laying the cornerstone for the president-elect’s promised foreign policy—diplomacy with Russia—is not illegal.

Perversely, however, lying to the US Federal Government’s KGB (the FBI), a liar in its own right, is illegal.

The US Government enjoys a territorial monopoly over justice. If you doubt this, pray tell to which higher judicial authority can Flynn appeal to have his state-designated “criminal” label reconsidered or rescinded? Where can he go to recover his standing?

Nowhere.

By legislative fiat, the government has turned this decent man and many like him into common criminals. …

… READ THE REST. “Flynn’s ONLY Sin Was Lying To Liars, Not Colluding With Russians” is now on WND.com.

UPDATE (12/8): READER writes at WND about the punchline to the column:

“‘Is this the rule of law, or the law of rule?’ READER writes: “Bastiat could have written that. Magnificent conclusion to your article. Prose of a poetic quality. Terrifically written.”