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Delusive Libertarianism:
  'libertarianish'
    Is Not A Word

30 Jul

U.S. Con.; Art. VI; Clause II: James Madison

James Madison seemed to be of the belief that treaties could overrule Constitutional text, and there were indeed theoretical instances where it would be appropriate.

James Madison In The House Of Representatives.
April 6, 1796.
He proceeded to review the several topics on which the Message relied. First. The intention of the body which framed the Constitution…
I. [...]

26 Jul

US Constitution; Article VI.; Clause 2

A treaty made “under the Authority of the United States” is “the supreme Law of the Land”. Does this mean a treaty can overrule Constitutional text as the force of law?
United States Constitution; Article VI.; Clause 2: 
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all [...]

07 Jul

The Bush Administration’s Treatment Of Detainees Is A Tyranny

Natural Rights Are Universal
There is a grave misconception about the headwaters source of liberty presently being tossed around by those who defend the obscene travesty that is the netherworld condition the detainees from the Global War On Terror (GWOT) have been illegitimately forced into. Our Natural Rights are NOT defined by The Constitution. [...]

29 Jun

Contemporary Conservatism’s Continuing Collaspe

Conservatives used to possess honour, standing their ground come hell or high water, upon the firm foundations of their immutable principles. Conservatism, as a political theory, has become noxiously contaminated over the last two plus decades. This is attributable to the Republican Party’s ends-testing for only electoral wins, which fomented The Big Three-Ring [...]

18 Jun

Boumediene Hyperbole

In the aftermath of Boumediene v. Bush, the rampant mendacity of the Bush Administration continues ever onwards. BuShills spew half-truths, mistruths and outright lies. These then get ejaculated into right-sided echo-chambers; and there within the closets of contemporary conservatism, mutual stroking rituals begin in earnest, as wee-willy-wankers’ circle-jerking spew enhancement.
The jerkin’ lil gherkins [...]

18 Jun

Looney-Con Yoohoos’ Revisionary Mental Apocalapses

John Choon Yoo’s June 17, 2008 Wall Street Journal Op/Ed vehemently oppositional to the Supreme Court’s decision in Boumediene v. Bush, “The Supreme Court Goes to War“, is not surprising for its content. The number of individuals who exist on the right-side of the Bipolar Political divide that quote it, and the standard formula [...]

17 Jun

Senator Feinstein: Habeas Corpus and Boumediene

Remarks about Habeas Corpus and Boumediene v. Bush made by Senator Dianne Feinstein (D-CA) on the Senate floor, June 12, 2008.

Congressional Record: June 12, 2008 (Senate)
DOCID:cr12jn08-150cr12jn08-150; Pages S5573-S5586
Mrs. Feinstein: I thank the Chair.
This morning, the Supreme Court struck down as unconstitutional the portion of the Military Commissions Act of 2006 which denied habeas corpus rights [...]

17 Jun

Senators Bingaman and Dorgan: Boumediene v Bush

Remarks made by Senator Jeff Bingaman (D-NM) and Senator Byron Dorgan (D-ND), Thursday June 12, 2008, on the Senate floor after hearing about the Supreme Court Decision, Boumediene v Bush.

Congressional Record: June 12, 2008 (Senate)
DOCID:cr12jn08-147; Page S5548

Habeas Corpus
Mr. Bingaman: Mr. President, I will speak very briefly here to call to the attention of all Senators [...]

15 Jun

James Madison Broom: Habeas Corpus circa 1807

James Madison Broom was a Federalist Congressman from Delaware, 1805-1807. This was during Jefferson’s 2nd term as President, and there was concern that Spain was moving to take New Orleans by force. While this was occurring it was discovered that Aaron Burr had been making plans to revolt against America, and make [...]

14 Jun

Justice Joseph Story: Commentary on Habeas Corpus

(NOTE: Footnotes have been renumbered from the original text)

§ 1332. The next clause is, “The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.”
§ 1333. In order to understand the meaning of the terms here used, it will be [...]

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