Tag Archives: law

Our beloved Constitution has flaws. Only a very few, but these few have cost the Nation dearly, and, unless corrected, will continue to do so. It is very possible that unless corrected, they will lead to the Nation’s demise. These flaws have been and are being taken advantage of by the worst among us, and used against the rest of us. The electoral college, that most undemocratic of bodies, has, in just sixteen years, seated two of our most incompetent...

[unable to retrieve full-text content]Steve Hutkins at Save The Post Office This post was written in 2016 and slightly updated on Oct. 31, 2018, exactly two years ago today. The update started like this: According to this AP report today, alarms are already being raised about the rejection of many mail-in ballots in next week’s elections. Several of these […]

Mark Jamison, Retired NC Postmaster at Save the Post Office, October 29, 2020 In forestry the practice of tree girdling is well known. Although there are some circumstances where this can be a useful practice, in most cases the technique is used for nefarious ends. Girdling involves removing the bark and layers below the bark, usually around the trunk of the tree. The cut, when it includes the entire circumference of the tree, makes it impossible for the...

Steve Hutkins at Save The Post Office In response to several inquiries from members of Congress, the Office of Inspector General has issued a report on “Operational Changes to Mail Delivery.” The report discusses the Postal Service’s plan to eliminate 64 million work hours — the equivalent of 33,000 jobs — by implementing 57 cost-cutting initiatives. As discussed in this previous post, the plan represents one of the largest downsizing efforts in the...

The Philosophy That Makes Amy Coney Barrett So Dangerous, NYT, Erwin Chemerinsky, October 2020, Opinion Piece If I did not know this man personally, I would have never looked to him for help and also advice from time to time.  It was only through a friend I wrote with at the old Slate site, I had the chance to meet him. Professor Chemerinsky discusses the dangers of applying an originalism interpretation of the US Constitution. There is not much I can add...

An examination of the Framers’ arguments as to how the US Supreme Court would function: The Federalist Papers No’s. 78, 79, and 81 This is a follow-up on yesterday’s post regarding the history of the Judiciary under republics. In that post I pointed out that the concept of an independent judiciary is a modern one that started in the era of Britain’s Glorious Revolution of 1688, and was radically expanded by the US Constitution. How the framers...

From Mark Tushnet: Here’s a thought in the event that there is a Biden appointed commission on court reform.  What about a Joint Resolution on Judicial Power: “No court shall hold a federal statute unconstitutional unless it concludes that the statute is manifestly unconstitutional.” Tushnet discusses this suggestion and some limitations here. I am somewhat sympathetic to this idea.  I certainly agree with the substantive idea that underlies it; we have...

So, here is the thing about the arguments the Republicans are making regarding mail ballots based on this article at Slate. “the court held that Florida’s recount used procedures that violated “the equal dignity owed to each voter.” Because the standards used to recount ballots varied between counties, the court concluded, the process violated the U.S. Constitution’s equal protection clause. “ Being that “equal protection” is the issue as to getting a...

A brief history of the Judiciary under Republics; the radical departure of the US Constitution, and how to reform it now I’ll have a note up, probably at Seeking Alpha tomorrow, on new home sales, which get reported later this morning. In the meantime, especially with the likely confirmation of the 6th movement conservative Justice today, who will probably immediately start to rule on election issues, I want to flesh out in outline form my thoughts on...

Lauren Martinchek at Medium magazine has a brief article suggesting there is another reason why trump chose Amy to be the next SCOTUS Justice and why Republicans are in such a hurry to nominate her. It is an alarmist viewpoint; however, it does have a foundation to it and has merit for her to claim it. This may be old news to some readers. Pulling from the Washington Post, Beth Reinhard and Tom Hamburger lay the foundation from which Lauren lays out some...