Defending the Judeo-Christian Heritage, limited government, and the American Constitution
Saturday February 6th 2016

Posts Tagged ‘law’

Bastiat: God, ‘The Law’, and the Rights of Man

Bastiat: God, ‘The Law’, and the Rights of Man

LIBERTY LETTERS WITH STEVE FARRELL Sometimes secularism sounds legitimate. One of the more thoughtful arguments used by proponents of a secular state, or of a state that mandates the removal of all religious and moral speech and symbols from public life, is Frenchmen Frederic Bastiat’s 1840 classic treatise, “The Law.” Periodically, [...]

Morality and the Law: A Partnership

Morality and the Law: A Partnership

BY STEVE FARRELL “I suppose persons who mouth the slogan think they are saying something profound. In fact, if that is an argument at all, it is so superficial that an educated person should be ashamed to use it. As should be evident to every thinking person, a high proportion of all legislation has a moral base. That is true of all the [...]

Has the President Exceeded His Authority on Immigration?

Has the President Exceeded His Authority on Immigration?

JOHN A. SPARKS, CENTER FOR VISION AND VALUES In the State of the Union address, President Obama declared: “We can’t put the security of families at risk by taking away their health insurance, or unraveling the new rules on Wall Street, or refighting past battles on immigration when we’ve got a system to fix. And if a bill comes to my desk [...]

The Mistake of Unilateral Divorce

The Mistake of Unilateral Divorce

BY PHYLISS SCHLAFLY Many Americans fondly remember Ronald Reagan as one of our greatest presidents, and rightly so, but in my new book, Who Killed the American Family?, I talk about one great mistake he made when he was governor of California. Reagan’s mistake was signing a change in that state’s divorce law in 1969. The change was [...]

Conflict Between the Circuits on Gay Marriage

Conflict Between the Circuits on Gay Marriage

JOHN A. SPARKS, CENTER FOR VISION AND VALUES A month ago, the U.S. Supreme Court refused to hear a collection of cases which raised the question of traditional marriage vs. same-sex unions. Now, a Sixth Circuit Court of Appeals decision may have changed all of that. By voting 2-1 to uphold same-sex marriage bans in four states under the [...]

Abuse of Dominance by Patentees: A Pro-Innovation Perspective

Abuse of Dominance by Patentees: A Pro-Innovation Perspective

ALDEN ABBOTT, HERITAGE FOUNDATION Antitrust issues (referred to interchangeably here as competition issues) are an increasingly important consideration for intellectual property (IP) owners. Such issues can arise in numerous transactions involving IP rights, including from refusals to license, exclusive licenses, royalty provisions, field of [...]

The Body of Liberties—1641

The Body of Liberties—1641

Background of the American Revolution In December, 1641, the Puritans pass the first code of law in New England. This session continued three weeks, and established 100 laws, which were called the Body of Liberties. They had been composed by Mr. Nathaniel Ward, (sometime pastor of the church of Ipswich: he had been a minister in [...]

Cicero: One Law for All

Cicero: One Law for All

DAILY DABBLE IN THE CLASSICS, CICERO Cicero (106-43 BC) In the last years of the Roman Republic, Marcus Tullius Cicero, penned his dialogue De Legibus (On the Laws). Regarding the Nature of Man, of Justice, of Right, of True Law and of the Framer and Proposer of this Law, Cicero testified: Of all these things respecting which learned men [...]

Will Congress Allow Hawaii to Expand Racial Discrimination?

Will Congress Allow Hawaii to Expand Racial Discrimination?

ILYA SHAPIRO, CATO INSTITUTE I’ve written before about the curious and recurring desire of some Hawaiians to treat other Hawaiians differently based on the quantum of “native Hawaiian” blood they have coursing through their veins. In 2005, the U.S. Commission on Civil Rights issued a scathing report saying that Hawaii was “in a [...]

Elect Good Men Who Will Obey and Uphold the Law

Elect Good Men Who Will Obey and Uphold the Law

CALLED UNTO LIBERTY, 20TH CENTURY SERMONS, HEBER J. GRANT I pray for our country and ask the Lord to bless those who preside in the nation; in the states, in the cities, and in the counties. I pray God to inspire the people that they will obey His commands, and elect good men to office; that they will bury their political differences and seek [...]

Of the Countries Subject to the Laws of England

Of the Countries Subject to the Laws of England

FOUNDERS CORNER LIBRARY, MAJOR WORKS Commentaries on the Laws of England (Vol. 1 of 4), Introduction, Section 4 1765-1769 The kingdom of England, over which our municipal laws have jurisdiction, includes not, by the common law, either Wales, Scotland, or Ireland, or any other part of the king's dominions, except the territory of [...]

Justice Scalia on Anonymous 911 Tipsters

Justice Scalia on Anonymous 911 Tipsters

TIM LYNCH, HERITAGE FOUNDATION Today, the Supreme Court decided Prado Navarette v. California, a Fourth Amendment search case.  The Fourth Amendment limits the government’s power to stop and search people and the question in this case was whether the police overstepped their authority. Highway patrol pulled over a pick-up truck and [...]

Of the Nature of Laws in General – William Blackstone

Of the Nature of Laws in General – William Blackstone

FOUNDERS CORNER LIBRARY, MAJOR WORKS (1765-1769) Commentaries on the Laws of England (Vol. 1 of 4), Introduction, Section 2 Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, [...]

On the Study of the Law, by William Blackstone

On the Study of the Law, by William Blackstone

FOUNDERS CORNER LIBRARY, MAJOR WORKS Commentaries on the Laws of England (Vol. 1 of 4): Introduction, Section 1 Lecture delivered at Oxford at the opening of the Vinerian lectures, 25 October 1758 Mr. Vice-Chancellor, And Gentlemen Of The University, The general expectation of so numerous and respectable an audience, the novelty, and (I [...]

Liberty In Law

Liberty In Law

LIBERTY LETTERS WITH STEVE FARRELL Katherine Lee Bates For generations, in the singing of Katherine Lee Bates "America, the Beautiful," (1) Americans encouraged each other to exercise freedom responsibly, to understand the need for law and moral restraint. Not a bad idea. To understand why, the hymn reminds us that those who gave us our [...]

Fifty Years Ago Yesterday …

Fifty Years Ago Yesterday …

WALTER OLSON, CATO INSTITUTE …the U.S. Supreme Court handed down what was to become one of its most celebrated tort reform decisions. A profitable national manufacturer had been sued in a distant rural state in which it was decidedly unpopular, resulting in a runaway jury verdict which it sought to challenge on appeal. Pointing out the [...]

Joseph Story, the Natural Law, and Modern Jurisprudence

Joseph Story, the Natural Law, and Modern Jurisprudence

DIARMUID F. O'SCANNLAIN, HERITAGE FOUNDATION Abstract Joseph Story As a natural law thinker, Supreme Court Justice Joseph Story believed that human nature is inherent and unchangeable. Story wrote that God fixed the laws of mankind’s being, and thus it is “altogether unchangeable in its first principles.” But whereas Story’s [...]

The Test of Right and Wrong – Albert E. Bowen

The Test of Right and Wrong – Albert E. Bowen

Called Unto Liberty, 20th Century Sermons, Albert E. Bowen Are there not, in reality, underlying, universal principles with reference to which all issues must be resolved whether the society be simple or complex in its mechanical organization? It seems to me we could relieve ourselves of most of the bewilderment which so unsettles and distracts [...]

A Sermon for the General Day of Election: David Tappan

A Sermon for the General Day of Election: David Tappan

Called Unto Liberty, David Tappan: 1792, Founding Era Sermons The son of a Congregational minister, Tappan was born in Manchester, Massachusetts, and was graduated in 1771 from Harvard. In 1774 he was ordained pastor of the church in the third parish of Newbury, where he remained for eighteen years. He then became Hollis Professor of Divinity at [...]

The Direct Definition of a Slave – Samuel Adams

The Direct Definition of a Slave – Samuel Adams

FOUNDERS CORNER: SPEECHES, PAMPHLETS, LETTERS, QUOTES Sam Adams, July 16, 1788 For your use I subjoin the following creed of every good American :—I believe that in every kingdom, state, or empire there must be, from the necessity of the thing, one supreme legislative power, with authority to bind every part in all cases the proper object of [...]

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