“ At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method. The showing, however, is always the Government’s to make. A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights. The right’s existence is all the reason he needs. ”

Benson Everett Legg, United States District Judge, Woollard v. Sheridan [pdf]

Everything is a Remix: Part 4

On innovation and intellectual property regimes

“ Iran had been the preeminent state sponsor of terrorism against United States interests for decades. Throughout the 1990s - at least - Iran regarded al Qaeda as a useful tool to destabilize U.S. interests. As discussed in detail below, the government of Iran aided, abetted and conspired with Hezbollah, Osama bin Laden, and al Qaeda to launch large-scale bombing attacks against the United States by utilizing the sophisticated delivery mechanism of powerful suicide truck bombs. Hezbollah, a terrorist organization based principally in Lebanon, had utilized this type of bomb in the devastating 1983 attacks on the U.S. embassy and Marine barracks in Beirut, Lebanon. Prior to their meetings with Iranian officials and agents, Bin Laden and al Qaeda did not possess the technical expertise required to carry out the embassy bombings in Nairobi and Dar es Salaam. The Iranian defendants, through Hezbollah, provided explosives training to Bin Laden and al Qaeda and rendered direct assistance to al Qaeda operatives. Hence, for the reasons discussed below the Iranian defendants provided material aid and support to al Qaeda for the 1998 embassy bombings and are liable for damages suffered by the plaintiffs. ”

Judge John D. Bates, 28 November 2011 (via the Long War Journal)

The Road to the U.S. Supreme Court

I am having flashbacks to when I worked as a paralegal. All this is way too familiar.

This Saturday, we celebrate the 224th birthday of the Constitution written by the Framers in Philadelphia. In paying tribute to this inspired document, I want to talk about how we should think about the Constitution, and why that matters.

Usually, our defense of the Constitution is presented as a defense of America’s founding principles and values, and rightfully so. But our constitutional system is not just a collection of principles; it embodies an approach to government with profound practical implications for both our freedom and our prosperity. When that system is threatened, both freedom and prosperity suffer.

Freedom is lost by degrees, and the deepest erosions usually take place during times of economic hardship, when those who favor expanding the sphere of government abuse a crisis to persuade free citizens that they should trade in a little of their liberty for empty promises of greater economic security….

What makes our Constitution such an extraordinary document is that, in making the United States the freest civilization in history, the Founders guaranteed that it would become the most prosperous as well. The American system of limited government, low taxes, sound money and the rule of law has done more to help the poor than any other economic system ever designed.

I want to talk today in particular about the last of those – the rule of law, which is absolutely essential to all the other benefits of our system, to the prosperity and freedom of our country, and to the well being of all Americans, especially the most vulnerable….

The great difficulty we encounter in striving to meet Aristotle’s ideal was best summed up by James Madison: “if men were angels, no government would be necessary. And if angels were to govern men, neither external nor internal controls on government would be necessary.”

But, as Madison reminded us, men are no angels, and government is “administered by men over men.” Grounded in a proper understanding of human nature, our Founders tackled this challenge head-on with a brilliant Constitution and a healthy separation of powers, binding all men to the same set of laws and preventing any one man or group of men from gaining enough power to declare themselves above the law.

The Constitution secures other rights long understood to be essential to the rule of law, such as the right to due process, meaning that the laws of the land must be transparent, consistent, and equally applied to all men, so that no man may be arbitrarily deprived of life, liberty or property.

This constitutional cornerstone of our free society is also a critical precondition for a free and dynamic economy. Without the rule of law to safeguard the ownership of property and the enforcement of contracts, it makes little sense for an investor to put his capital at risk helping an entrepreneur to pursue a dream, advance an idea, and ultimately grow a business that creates good-paying jobs for Americans.

For decades, the U.S. economy has been a magnet for investors, entrepreneurs, and workers, because we enjoy some of the strongest and most transparent legal protections in the world. These protections provide a stable environment for business investment – stability that is undermined when the discretionary power of bureaucrats is enhanced….

If we succumb to this view that our problems are bigger than we are – if we surrender more control over our economy to the governing class – then life in America will become defined by a new kind of class warfare: A class of bureaucrats and connected crony capitalists trying to rise above the rest of us, call the shots, rig the rules, and preserve their place atop society at the expense of working Americans, entrepreneurs, and the small businesswoman who has the gall to take on the corporate chieftain.

The Constitution’s Framers knew that there is a human inclination to increase personal power at the expense of law, so they created Congress as a decentralized and internally divided institution, but they granted it ample authority to secure the rule of law in every case. Congress holds the power of the pen as well as the purse. It has the power necessary to address attacks on the rule of law in our executive bureaucracies and even in the courts. The Constitution provides us with the power to solve these problems; what we need, is the will to do it.

The solution, the defense of the rule of law, will have to involve alternative ways to address the public problems that too many on the Left want to solve by delegating power to bureaucrats. For every government curtailment of our liberty through the discretion of bureaucrats, there are alternative reforms that could address the same problems within the framework of the rule of law, and indeed they could address those problems more effectively.

Rep. Paul Ryan (via Ricochet)

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