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Posts Tagged ‘United States Supreme Court’

On the June 27, 2015 episode of Exposing Faux Capitalism, I discussed the following issues:

Full analysis of the U.S. Supreme Court decision on same sex marriage that you won’t hear anywhere else, including the legal, historical, political, religious, biological and pop culture aspects.

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English: Antonin Scalia, Associate Justice of ...

From the November 27, 2012 interview with Supreme Court Justice Antonin Scalia on Charlie Rose:

  • 9m – Says he supports a reasonable, not a strict interpretation of the Constitution. This is, of course, how he justifies so called “reasonable” limitations on the enumerated rights in the Bill of Rights, such as “reasonable” gun control restrictions.
  • 17m – Says back in the good old days, judges used to lie when changing the meaning of the Constitution, but now they make it mean whatever they say it means
  • 18m – Says he has no more power to interpret the constitution than the President or the legislative branch
  • 19m – His Lincoln hypocrisy on habeas corpus, in criticizing it, yet ruling in Hamdan v. Rumsfeld (2006) that habeas corpus didn’t apply to a non-U.S. citizen detained at Guantanimo Bay, in the absence of a constitutional suspension by Congress, despite the U.S. Constitution restricting the power of the federal government, regardless of the citizenship or location of the detainee.
  • 35m – He expressed his surprise about Chief Justice John Roberts’ tax clause ruling in support for Obamacare
  • 37m – Claimed that the majority opinion in Bush v. Gore was based upon the Florida courts allegedly violating the Constitution, yet mentioned about the U.S. Supreme Court decision ending the vote counting so the U.S. wouldn’t be a laughing stock
  • 41m – Says judicial activism started under the Warren court
  • 46m – Says he had to do all of the originalist interpretation when he got on the court, since no one else was doing that
  • 49m – Charlie Rose said he promised Scalia he wouldn’t ask him anything he didn’t already know the answer to, showing how such interviews are tightly scripted and controlled

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Uncle Sam with empty treasury, 1920, by James ...

In their 2012 Index of Economic Freedom, Canada was ranked in 6th place, and the United States was ranked in 10th place.

With the upholding of Obamacare by the U.S. Supreme Court on June 28, 2012, I think it’s a very distinct possibility that the United States will fall off the Heritage Foundation’s 2013 Index of Economic Freedom Top 10 list, and that will be almost certain if the Bush tax cuts expire at the end of 2012.

Previously, I wrote the article, Canada more economically free than the United States for the third year in a row: Heritage Foundation.

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Image representing Research In Motion as depic...

If the January 2012 departure of RIM’s founder, Mike Lazaridis, wasn’t enough of an indication that RIM was dead, RIM’s first quarter 2012 results announcement sealed it by yet again missing expectations, reporting a huge loss, and most importantly, announcing that Blackberry 10 would be delayed yet again — this time to Q1 of 2013.

The comments on thestar.com and theglobeandmail.com were overwhelmingly negative, saying that it’s over for RIM.

Once RIM revised their forecast just weeks after their rapid and massive decline began in March 2011, I reflected on what was a fatal flaw with their business model. Being smaller than Apple and Google, their whole advantage was that they were theoretically capable of being more nimble in innovating and getting new products to market. They are also highly centralized, with around half of their employees in Waterloo, which also served to their unused advantage.

Once it was announced that their PlayBook tablet — originally scheduled to be released before the iPad 2 — would be released a month after the iPad 2, that sealed its fate in that they had absolutely no hope of being a serious challenger in the tablet market. Apple already had a dominating position in the marketplace, and to be beaten to market by a second version of Apple’s highly successful tablet put the nail in the coffin of RIM’s PlayBook.

There was word in May that RIM would be laying off between 2000 to 6000 employees, when they were already in mortal danger. The fact that it took until June 28 for them to officially announce 5000 layoffs is a further indication of how out-of-touch RIM’s upper management is as to the gravity of the situation.

Previously, on September 18, 2011, I wrote the article, RIM as a metaphor for U.S. decline.

I find it a fitting parallel that on the day RIM made their catastrophic announcement, the U.S. Supreme Court found Obamacare constitutional, further strengthening my metaphor.

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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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English: Supreme Court of Canada building, Ott...

Two very positive developments I’ve seen from Canada’s judiciary in the two months since the latter days of 2011 are Canada’s Supreme Court decision regarding the constitutionality of a federally mandated national securities regulator, and the Ontario Superior Court decision that the application of a three-year mandatory minimum sentence in one case amounted to “cruel and unusual punishment.”

Despite corporate-controlled mass Canadian media sources such as The Globe and Mail repeatedly telling Canadians that Canada is the only G-20 country not to have a national securities regulator, as if that’s supposed to make them feel bad, the Supreme Court of Canada unanimously decided that such a plan is unconstitutional, without the agreement of all provinces.

So what if Canada is the only G20 country not to have a national securities regulator? A national securities regulator in the United States didn’t stop the 2008 financial crisis that was the most significant since the Great Depression.

While a national securities regulator was unconstitutionally created in the United States in 1934 with the subsequent blessing of the United States Supreme Court, Canada’s Supreme Court stood for the Constitution, and for the better protection of the finances of Canadians with a decentralized financial regulatory system that is less susceptible to capture by corporations and more adaptive to positive change.

While the United States Supreme Court ruled 8-1 in 2011 that it was just fine for police to break down someone’s door without a warrant if they suspect evidence of drugs is being destroyed, an Ontario Superior Court judge ruled on February 13, 2012 that a three-year mandatory minimum sentence for possessing a loaded weapon amounted to “cruel and unusual punishment” in its application to a man who was holding one in the privacy of his own home, simply to show off the pictures to his friends on Facebook.

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