Law on Blog 
  corner   



HOME

ARCHIVES


[ Links ]
Covenant Media Foundation
SCCCS-BTS

[ Blogs That I Read ]
Rabbi Saul
Puritas
The Blog According to John
Presbytermark
Aaron's Baseball Blog
Whilin' Away the Hours
Dr. G's Blog
Le Sabot Post-Moderne Societas Christiana
Just Mark
Contra Tyrannus
CORRIGENDA
View from Peniel
Doug's Blog
40 Bicycles
The Whirlwind Musings of a Reformed Catholic

"The Law of the Lord is perfect, reviving the soul; the testimony of the Lord is sure, making wise the simple; the precepts of the Lord are right, rejoicing the heart; the commandment of the Lord is pure, enlightening the eyes." -- Psalm 19:7-8 (ESV) --
 

Tuesday, May 31, 2005

 
THE ABUSE OF A STATE'S POWER

Just to show that I am not totally against the federal government nor do I believe that the States are saints, the United States Supreme Court today granted a writ of certiorari (i.e. they've agreed to hear the petition) in this case. It should be a relatively easy decision to render in light of the old Constitutional order.

1. The Kansas Supreme Court has no jurisdiction in applying the federal Constitution to State cases unless explicitly granted by the document.

2. If this is the case, then the U.S. Supreme Court, which the Constitution explicitly grants jurisdiction in all cases that arise under the Constitution, has jurisdiction to review a State's Supreme Court interpretation of that constitutional provision, and overturn the case if necessary. This is not a denial of State's rights; this is the normal and natural supremacy that the U.S. Supreme Court has over the State in cases that explicitly arise under the federal Constitution.

3. If this is the case, then the State is simply out of luck, and would have to resort to a U.S. Constitutional amendment to overturn the decision. This would not be grounds for secession since everything was followed within the constitutional order. So no, I don't believe in secession for any reason.

4. In regards to this case, the Kansas Supreme Court overstepped its Constitutional authority.

5. The 8th amendment has no applicability to this case since the Constitution in general does not explicitly impose the Amendment's provisions on the State, nor is there anything within the 8th Amendment itself that place itself upon the States.

6. The U.S. Supreme Court, then, would vacate the decision and send it back to the State Court, claiming jurisdiction under the authority of Article III of the U.S. Constitution and under 28 USC 1257, duly and constitutionally passed by Congress; and claiming execution of judgment based on the Supremacy Clause.

So, and this is what is strange, if the Kansas death penalty is "cruel and unusual punishment" because of the section of law that is at issue, then the State of Kansas has a huge problem because apparently, under state constitutional law, there are no prohibitions against cruel and unusual punishments, or at least I couldn't find them. Maybe it's time for a state constitutional convention?






Monday, May 30, 2005

 

IN REMEMBERANCE

In memory of all thr troops who have given their lives in operations in Iraq and Afghanistan since September 11, 2001. May your sacrifices never be forgotten, besmirched, or ridiculed.


In memory of fellow Band Geek from Magnolia High School, Pfc. Roy D. Brown, Jr., 19, killed in 1989 during Operation: Just Cause. Your sacrifice will never be forgotten.


In memory of all those who fought in the Confederate States Armed Forces in the War of 1861, fighting in defense of principles believed to be fundamental to the existance of the United States Government and the Constitutional Order. Although your sacrifice has been demeaned by American revisionists and branded racists by those who are uninformed, may the spirit that you possessed, and the faith in God that Generals Lee and Jackson professed, once again flow through this country. May this country one day learn that just as the cause of Boston was the cause of everyone in the American colonies, that the cause of the South is truly the cause of the American Spirit of us all.




Sunday, May 29, 2005

 
THE FILLIBUSTER AND THE CONSTITUTION


Josh reposted an blog entry regarding the end of the fillibuster. On many of the points, I do agree. However, as much as I would like to see a rebellion against the federal courts, and they definitely deserve it, it won't happen for the simple reason that the majority of AMericans would reject the constitutional order that the country was originally founded on. That is not what we have today. The proof lies in how the Constitution, which created the United States of America, has been thrust upon the States. The Constitution did not create the States; they, as well as the United States of America, has existed before the ratification of the Constitution. The whole basis of calling the convention was to improve on the federal government that was created by the Articles of Confederation. The Constitution grants and restricts the power of the federal government. Therefore, when someone says that a college campus speech code violates the First Ammendment, under the old constitutional order, this would not be true. It would violate the State constitution, since every state has some free speech provision in their constitutions, but for the First Ammendment...the first few words show who it applies to: "Congress shall make no law..." Of course, that's not what kids are taught today, and until there is a change of mind and heart, we will constantly be ruled by the high priests of this age.

"The Cause of the South is the cause of us all" --A.H. Stephens.



Tuesday, May 17, 2005

 
SCORECARD

No to sound morbid, but these are some stories I've been following.

1. Scott Peterson, sentenced to death for the murder of Laci Peterson
2. Gregory Haidl, Keith Spann, and Kyle Nachreimer, convicted of sexual assault, among other charges.
3. Armando Avila, convicted and recommended death for the murder of 5 year old Samantha Runion

Three down, one to go:

David Garcia, awaiting trial for the murder of Burbank P.D. Ofc. Matthew Pavelka.

Do a Google search for any background info on these cases.



Monday, May 16, 2005

 
WHO ARE THE REAL AMERICAN IDIOTS?


Don't wanna be an American idiot.
Don't want a nation under the new media.
And can you hear the sound of hysteria?
The subliminal mind[screwed up] America.


Well, maybe they want the old media? As Michelle Malkin points out,

Newsweek lied; People died.

On the other hand, this shows how different Christianity and Islam truly are. Even though discredited, the stroey shows just how materialistic Islam is.



Saturday, May 14, 2005

 
AFRICA

I hear the drums echoing tonight,
But she hears only whispers of some quiet conversations.
She's coming in 12:30 flight.
Her moonlit wings reflect the stars that guide me toward salvation.
I stopped an old man along the way
Hoping to find some old forgotten words
Or ancient melodies.
He turned to me as if to say,
"Hurry, boy, it's waiting there for you."

It's gonna take a lot to drag me away from you.
There's nothing that a hundred men or more could ever do.
I bless the rains down in Africa.
Gonna take some time to do the things we never had, oh-oh.

The wild dogs cry out in the night
As they grow restless longing for some solitary company.
I know that I must do what's right
Sure as Kilomanjaro rises like Olympus above the Serengeti.
I seek to cure what's deep inside
Frightened of this thing that I've become.

It's gonna take a lot to drag me away from you.
There's nothing that a hundred men or more could ever do.
I bless the rains down in Africa.
Gonna take some time to do the things we never had, oh-oh.

"Hurry, boy, she's waiting there for you!"

It's gonna take a lot to drag me away from you.
There's nothing that a hundred men or more could ever do.
I bless the rains down in Africa.
I bless the rains down in Africa.
I bless the rains down in Africa.
I bless the rains down in Africa.
I bless the rains down in Africa.
Gonna take some time to do the things we never had.

---From the album, Toto IV



Tuesday, May 10, 2005

 
THOUGHTS ON LIGHT

My good friend Andrew posted an interesting question on why Light seems to represent universal goodness. I'm just throwing out some thoughts here, so maybe I might be missing the point of his question.

The one thing about being in darkness is that without light, one cannot see where he is going. I mean, once in awhile, I have travelled along I-10 to Phoenix at night, and it is pitch dark out in the Desert once you get past Palm Springs. With no moon out, you only have the headlights and tailights of cars, if there are any around you at the time. Your headlights only light up a small portion of the highway, enough to see the lane and the one of the two lines that mark the outside of the highway. Take away those lights, and you have no idea where you are going, or even if you are even on the right path. This is what happened JFK Jr. when his plane crashed a couple years ago on the way to Matrtha's Vineyard (I believe...it was one of those islands.) It became dark as he flew, and he was not qualified for insturmental flying in which you must rely on your insturments alone to guide you. WHy is this? Well, and this true where he was at, there is no light to show the horizon, which is pivotal to know when you are flying. Hence, with no horizon to guide you visually (of course, commercial jets are computer aided) you have no idea which way you are flying...if your flying straight and level or slowly and surely descending into the sea, or moving yourself into a tailspin. Furthermore, evil loves darkness. We use the darkness to cover our sins because no one can see what we are doing. It is much easier to sneak around in the dark than it is in the light.

Hence, light casts everything into the open. It shows the true state, and shows where you are. I guess that's one way to exlain how Christ is the Light of the World. When God brought his Son into the earth to die for sinners, it showed the true state of man and why he needs a savior to spare him for God's horrible and just wrath. In the dark, man is wicked and evil. Who knows the deceitfulness of his heart truly? A lot of us do not want to see that part exposed, so we continue to cover ourselves in darkness. For instance, if we truly would just get into evolution, and show how truthful it is, then there really is no God, and we are not his creation. Hence why the post-Christian world of the 1800's was ready for Darwin. It gave man a way to cover himself in darkness, at least temporarily. Why is it that Man is desperately searching for signs of life on Mars? It is extremely easy, once one considers worldview considerations. If evolution is true, then it must have happened somewhere else, somewhere in this vast universe, and if we could only find it, we can show that God is out of the picture. That's also why Man continues to try to create life. If man successfully created life, he will call himseld God: He is God.

But as God says, you are Man and not God. The Apostle Paul wrote that the knowledge of man is foolishness in the eyes of God. The Light of God exposes everything, and all knowledge that is not of God will become utter follishness. Man's sinful desires are exposed in the light for all to see. The evil deeds are exposed.

Why is it a universal sentiment through cultures? I think it's based on experience: one needs light to show the way, and this metaphor has been taken to other areas, like those whose thinking is warped. I thank God that Jesus is the light of the world.





This page is powered by Blogger.