Category Archives: Justice

UPDATE (9/29): Amy Coney Barrett And Life On Earth

Abortion, Conservatism, Constitution, Justice, Law, The Courts

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“The restoration of law and order and the reverence for private property rights are the most powerful principles with which to unite main-street America, left and right, in the ramp-up to the November election.” (“Law and Order Unites Main Street America.“)

“This is what Republicans must remember, before they scamper down the judicial rabbit hole of abortion.” The kind of “reasoning” that could unseat Trump is if the credentialed conservative elites press the abortion issue. That would be political suicide.

And it may be upon us with the nomination of “Amy Coney Barrett, a judge on the U.S. Court of Appeals of the 7th Circuit, as President Trump’s nomination to the seat vacated by the death of late Supreme Court Justice Ruth Bader Ginsburg.” (Fox News)

Via Revolver News (which has replaced Drudge):

According to this think piece in Revolver:

Amy Coney Barrett may appear to promise the shock we all know the system deserves, but her nomination risks reframing the precarious Trump reelection effort from a winning battle over law and order, immigration, and left-wing political violence to a messy and poorly timed slog through well-worn battles that would be better and more effectively fought after Trump wins re-election.

It’s too late, but READ “The Case for Judge Bridget Bade.”

UPDATED (9/29):

Justice Ginsburg Preferred South Africa’s Constitution To The US Constitution

Constitution, Individual Rights, Individualism Vs. Collectivism, Justice, Law, Political Philosophy, South-Africa

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Justice Ginsburg Preferred South Africa’s Constitution To The US Constitution
By Ilana Mercer, February 17, 2012:

I would not look to the US constitution,” said US Supreme Court Justice Ruth Bader Ginsburg in an interview with Al-Hayat TV. “If I were drafting a constitution in the year 2012, I might look at the constitution of South Africa, Canada … and the European Convention on Human Rights.”

Al-Hayat’s correspondent had solicited Ginsburg’s advice on drafting the Egyptian constitution.

Go easy on Ginsburg. She shares a disdain for America’s founding document with millions, maybe even a majority, of her countrymen. The US Constitution is flouted daily by the people’s representatives, and has been amended and reinterpreted to the point of no return.

The governing documents that excite Bader Ginsburg’s admiration are documents of positive rights. The American Constitution is by-and-large a charter of negative liberties, as President Obama once described it derisively.

A positive right is state-manufactured, usually at the behest of political majorities. Rights to a job, water, clothes, food, education and medical care are examples. Some of the European covenants canvassed by Bader consider “freely chosen” desirable work as a human right. Ditto adequate “rest and leisure.” Once these needs are recognized as rights, they become state-enforceable, legal claims against other, less-valued members of society (“the rich”). Someone who hasn’t had a vacation, or has not reached his career apogee, gets to collect on such claims.

In the case of natural rights—the only founding truths the nation’s fathers could have conceived of, given their classical liberal philosophical framework—the duty is merely a mitts-off duty. My right to life means you must not murder me. My right to liberty means you dare not enslave me. My right to property means you can’t take what’s mine—not 35 percent of it, or 15 percent. Nada. And you have no right to stop me from taking the necessary acquisitive action for my survival, so long as I, in turn, respect the same restrictions.

As an instantiation of a constitutional democracy governed in accordance with state-minted rights, take the new South Africa, where almost everyone knows someone who has been raped, robbed, hijacked, murdered, or all of the above, in violation of natural law.

Not that you’d know it, but the poor South Africans enjoy a constitutional right to live free of all forms of violence, “public” or “private” in origin. Section 12 of their progressive constitution guarantees the “Freedom and Security of the Person.” Clearly “progressive” doesn’t necessarily spell progress, as nowhere does this wordy but worthless document state whether South Africans may actually defend this most precious of rights. If anything, self-defense can be an offense in progressive South Africa. The law dictates that in the course of adjudicating cases of “private defense,” the right to life (the aggressor’s) and the right to property (the non-aggressor’s—whose life, by this “logic,” is not at stake) be properly balanced.

“Before you can act in self-defense,” remonstrates a representative of the indispensable South African Institute for Security Studies, “the attack against you should have commenced, or at least be imminent. For example, if the thief pulls out a firearm and aims in your direction, [only] then you would be justified in using lethal force to protect your life.”

Implicit in the right to life is the right to self-defense. A right that can’t be defended is a right in name only. Alas, in constitutional South Africa, natural rights are merely nominal.

The same document allows a good deal of mischief for the ostensible greater good. It even has a clause devoted to “Limitation of Rights.” Since some citizens are more equal than others under the law of this tormented land, redistributive “justice” in South Africa is a constitutional article of faith. It sanctions the expropriation of land from one citizen in order to give to another, in the name of “social justice.”

Knowing what you now know about the South African Constitution—what is it do you suppose Bader-Ginsburg dislikes about one of the greatest documents of political philosophy?

From all accounts, it is that the US Constitution is principally a charter of negative liberties. Arrived at through reason (or revelation), natural (or negative) liberties are the only authentic rights to which man can lay claim. LIFE, LIBERTY, AND PROPERTY: These are the sole rights of man. Congress doesn’t grant them; they exist irrespective of it.

One’s life, liberty and the products of one’s labor were not meant to be up for grabs by greedy majorities. Rights always give rise to binding obligations. There are no free contraceptives, Mr. Obama. If a woman has the right to contraceptives, someone has to work to supply her with this “right.” If one is constitutionally entitled to an education, somewhere, some poor sod will be roped into funding this manufactured entitlement.

More fundamentally, if in exercising a “right” one transgresses against another’s life, liberty and property—then the exercised right is no right, but a violation thereof. Because my right to acquire property doesn’t diminish your right to do the same, the right of private property constitutes a negative right. Negative rights are real (or natural) liberties, as they don’t conscript or enslave me in the fulfillment of your needs and desires, and vice versa.

Unless undertaken voluntarily, state-manufactured rights violate the individual’s real rights. Positive liberties—as trumpeted by Bader, Obama, and practically the whole DC Sodom and Gomorrah—are rejected outright in the natural law, followed by the Founders.

Now, the occupants of the Bench who compiled the South African, Canadian and European documents would argue that making some—”the rich” in the West, whites in a black-dominated democracy—supply others with work, water, clothes, contraceptives, food, education and medical care will increase overall liberty in society.

THAT WON’T WASH. Liberty is not an aggregate social project. Every individual has rights. And rights give rise to obligations between all decent men, including those in power. That men band in a collective called “government” doesn’t give them license to violate individual rights.

Rights, as our Founding Fathers conceived of them, are not claims to economic goods, but freedoms to act in the procurement of these goods. From the fact that most Americans, Egyptians or Russians want others to fund or subsidize their lives, it does not follow that they have such a right.

The Constitution Ginsburg, Obama and the DC Sodom and Gomorrah trash each and every day was designed to minimize political overreach, not mandate heaven on earth.

Justice Ginsburg Preferred South Africa’s Constitution To The US Constitution
©2012 ILANA MERCER
WND & RT
February 17

NEW COLUMN UPDATED (9/25): Critical Race Theory Robs And Rapes Reality

Argument, Criminal Injustice, Individualism Vs. Collectivism, Justice, Law, Logic, Political Philosophy, Race, Racism, Reason

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NEW COLUMN is “Critical Race Theory Robs And Rapes Reality.” It appeared on Townhall.com, WorldNetDaily.com, The Unz Review, Newsroom For American And European Based Citizens, and is now featured on American Greatness.

It is the fourth and last in deconstructing the pernicious construct that is racism.

Your Anti-Critical Race Theory Analytical Ammunition:
1. ‘Systemic Racism’ Or Systemic Rubbish?
2. Was The Cop’s Knee On George Floyd’s Neck ‘Racism’? No!’?
3. “Ethnocidal ‘Critical Race Theory’ Is Upon Us Like White On Rice”
4. “Critical Race Theory Theory Robs And Rapes Reality”

An excerpt:

Inciting racial hatred against whites is all in a day’s work on CNN. It devolves into a more festive affair when a celebrity like DL Hughley joins the network’s conga-line of cretins.

In a July segment, the comedian, author of Surrender, White People!, regaled those CNN viewers of a masochistic mindset, by comparing “racism” to COVID-19.

Whitey, belched Hughley—who used to be witty and is now a drag—can be an asymptomatic carrier of racism. Just because you haven’t done anything racist, doesn’t mean you aren’t racist.

Pay no attention to the COVID-race comparison. It’s the Left’s lowbrow idea of an intellectual quip. Be mindful, however, of the “guilty if you do, guilty if you don’t” pop-jurisprudence. Collectively convicting an entire racial group for metaphysical crimes is the cornerstone of the Critical Race Theory.

Flouting Western judicial philosophy, Critical Race Theory says you are a racist without having committed racism, which is like being a murderer, robber or rapist without having murdered, robbed or raped.

How does that jurisprudence strike you?

It strikes the reasonable, fair-minded member of society as “less than human, less than coherent, less than sane.”

SYMBOLISM INSTEAD OF REALISM

Deconstructed, racism, as deployed by Critical Race racists, is purely a metaphysical affair. It doesn’t survive contact with reality, relying for its validation on a loose relationship with the real world.

You might say Critical Race Theory is anchored in symbolism and not realism.

Ditto Critical Race Feminism, a subspecies of Critical Race Theory, the symbolic nature of which I had traced in a 2001, Ottawa Citizen column:

Women’s studies courses and English departments have long been littered with [postmodernism’s] lumpen jargon. There, text is routinely deconstructed and shred. Subjected to this academic acid, Shakespeare, Tolstoy, and T. S. Eliot are whittled down to no more than ruling-class oppressors, their artistry reduced to the bare bones of alleged power relationships in society. All this glumness is due to a theory, no more, and one based on a partial and insular view of history [and reality].

To properly place the oppressiveness of all critical theory in perspective, a young man followed-up that column by writing me a personalized tale of desperation. He had the misfortune of drawing a skyscraper in art class. His creation was alighted on by his professor-cum-oppressor and right away called out for being a phallic symbol, offensive to womenfolk, meant as a symbolic assertion of his dominance qua male.

Where is reality in all this white noise? Nowhere. This nonsense exists solely in the heads of demented distaff and their house-broken, white, liberal, male accomplices. …

… READ THE REST. NEW COLUMN is “Racist Theory Robs And Rapes Reality.” It appeared on Townhall.com, WorldNetDaily.com, The Unz Review, Newsroom For American And European Based Citizens. It is currently featured on American Greatness.

UPDATED (9/25):

Dr.C. Fhandrich appeals to ‘dunderheads’ who dog this column, but fail to read it:

Dr.C. Fhandrich says:
September 21, 2020 at 3:21 pm GMT • 100 Words   ?

The absolute DUNDERHEADEDNESS, of millions of whites is evident in the fact that this brilliant little essay, which concerns the welfare and safety of whites in the very nation they founded, has to now had a mere 8 comments. What is it with so many “whites”? Too busy playing “paintball warrior”?Too busy debating what form of crack you should try? Too much in pain from taking the “knee” too often???

UPDATE II (12/5/022): If They Can’t Kill Directly, US Neocons Steal From Iranians To Starve ‘Em

Argument, Barack Obama, Foreign Policy, Iran, Justice, Middle East, Military, Neoconservatism, Political Economy

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If they are not permitted to invade countries not theirs, US neoconservative, Deep-State establishments, like the U.S. Justice Department, find ways to kill indirectly.

From their standpoint, American men and matériel should be allowed to reach all corners of the world. If they can’t move in directly for the kill, these mercenaries will find ways to kill indirectly.

The neoconservative faction is unperturbed by the fact that Iran has been crippled economically; that millions live below the poverty line there because of constant economic sanctions, cheered by chubby Michael Pompeo, US secretary of state.

Likewise, under Barack Obama’s reign of terror abroad—the Iranian currency lost 65 percent of its value and endured a SWIFT and devastating eviction from the Society for Worldwide Interbank Financial Telecommunication.

Iranians are starving, due to sanction. So, what does the US do? Steal the oil they own and are trying to sell to stay alive.

On Friday, the DoJ announced the U.S. had seized more than 1.1 million barrels of petroleum, owned by the Iranian Revolutionary Guard Corps, from four merchant tankers bound for Venezuela.

“The government announced today that it has successfully executed the seizure order and confiscated the cargo from all four vessels, totaling approximately 1.116 million barrels of petroleum. With the assistance of foreign partners, this seized property is now in U.S. custody,” reads a statement from the Department of Justice.
“These actions represent the government’s largest-ever seizure of fuel shipments from Iran.”

… A seizure order for the cargo from all four vessels was issued by U.S. District Court Judge Jeb Boasberg of the U.S. District Court for the District of Columbia,” reads the statement.

The nature of the political dispensation in Iran is none of America’s business. Poverty and hunger are widespread in “rich” America. Iranians do not fix on invading us and replacing our immiserating leaders.

Image: 57 Million Below the Poverty Line

UPDATE (8/17):
Facebook has censored my anti-starving-Iran post: https://lnkd.in/grX-57k My anti-starving-and-stealing-from-Iran blog post is here. Who would have thunk? It’s a pretty conventional, anti-starving-Iranian position, common among principled libertarians

Iranians have not killed and maimed and terrorized Americans; Saudi Arabians have!! For another, why suddenly such belief in what US intelligence “says” a/b anything? Lastly: regional conflicts. Let Israel & Saudis police their neighborhoods.

UPDATE (12/5/022) : And, we freeze Iranian assets. Why of course. We are America The Good. Ask Dinesh D’Souza. He’ll tell you in his hermetically “tight” argumentation style that because we are good, we can steal from other nations. I’m convinced. You?

Iranian frozen assets in international accounts are calculated to be worth between $100 billion[1][2] and $120 billion.[3][4][5] Almost $2 billion of Iran’s assets are frozen in the United States.[6] According to the Congressional Research Service, in addition to the money locked up in foreign bank accounts, Iran’s frozen assets include real estate and other property. The estimated value of Iran’s real estate in the U.S. and their accumulated rent is $50 million.[1] Besides the assets frozen in the U.S., some parts of Iran’s assets are frozen around the world by the United Nations.[1]