Posts Tagged ‘judge’

Andrew NapolitanoFrom his February 18, 2014 appearance on the Tom Woods Show, Judge Andrew Napolitano said (at 16:04):

Even when Lew Rockwell and you, and I, are dining together, I am the most libertarian person in the room.


The long answer is that I am the quintessential Rothbardian. I believe that you have the right to avoid the state, to avoid the government, the absolute moral right to do so.

For more on Judge Napolitano, see my article, Dr. Stan Monteith on Judge Andrew Napolitano: “Is he another plant in the conservative movement?”, in response to Judge Napolitano’s statement that the first American to shoot down a drone flying over their house where their kids are playing would be an “American hero.”

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Sandra Day O'ConnorIn her March 5, 2013 appearance on Charlie Rose, she said in reference to her “swing vote” capacity on the Court (at 9:29):

The Court was divided in such a way that a single vote could turn it from an affirm to a reverse.

Except that Justices and judges don’t cast votes — they render legal opinions — that is, unless she’s referring to their effective behaviour these days, in casting political votes on legal cases, such as Bush v. Gore (2000) and Roe v. Wade (1973), which is completely contrary to the U.S. system of separation of powers.

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On the December 9, 2012 episode of Exposing Faux Capitalism with Jason Erb, I interviewed Marc Stevens, voluntaryist, author and radio host.

This was a fascinating interview where he made some compelling arguments as to why there is no such thing as a state in existence anywhere in the world today, and he pointed out the inherent conflict of interest of judges, prosecutors and even defense attorneys, and he has a $5000 challenge to anyone who can prove the existence of a state and citizens of that state.

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United States ConstitutionOn the November 4, 2012 episode of Exposing Faux Capitalism with Jason Erb, I interviewed constitutionalist judge Douglass Bartley of douglassbartley.wordpress.com and author of the four-volume series, The Kiss of Judice: The Constitution Betrayed: A Coroner’s Inquest.

We discussed the following clauses and provisions of the United States Constitution:

  • The two general welfare clauses
  • The interstate commerce clause
  • The necessary and proper clause
  • Congress’ power to coin money
  • The meaning of “bills of credit”
  • The prohibition against ex post facto laws
  • The division of powers between the legislative, executive and judicial branches of government
  • The legal tender cases and tender clause that apply to the States

I was heartened to receive a request from a U.S. attorney to get in contact with Judge Bartley, as the U.S. can return to its constitutional roots through change from the outside of the judicial process, but the process can be aided by more courageous attorneys and judges taking a stand in favour of the Constitution they swore an oath to uphold.

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Robert Bork argues that competition law is fun...

In 1987, during his Supreme Court Justice nomination hearings, Judge Robert Bork said (starting at 03:40):

I cite to you the Legal Tender Cases. Scholarship suggests — these are extreme examples, admittedly — scholarship suggests that the Framers intended to prohibit paper money. Any judge who today thought he would go back to the original intent, really ought to be accompanied by a guardian rather than be sitting on a bench.

Ironically, he was deemed to be too conservative, and a right-wing judicial activist by his top detractors like Senator Joe Biden and Senator Ted Kennedy.

This demonstrates that even so-called originalist and conservative judges don’t intend to uphold their oath of office when it’s politically difficult to do so, and why change needs to come externally.

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