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On Common Law and the Constitution.
What, exactly, is Common Law?
Vic Biorseth, OWM; Thursday,
April 17, 2014
https://www.catholicamericanthinker.com
I was reading an old article (1/6/07) in First Things (at http://www.firstthings.com/article/2007/01/common-law-liberty-rethinking-american-constitutionalism) by Robert F. Nagel. It was about some of the rational ideas contained in a book by James R. Stoner titled Common-Law Liberty: Rethinking American Constitutionalism. What stirred my curiosity was the explored dichotomy between straight common law and the growing tendency to form policy from the bench.
New to me were the twin notions that common law depends on legal precedent, and that common law is increasingly seen as part of an “exalted image” jurists and constitutional scholars have of themselves. It may be this “image” that corrupts common law with purely subjective inferences, based on supposedly newly acquired “knowledge” of changing culture.
Roe v. Wade, we would all agree, was a judicial abomination. But Planned Parenthood v. Casey, which could have overturned Roe v. Wade, didn’t, and the reason was Constitutional Jurisprudence; the value placed upon legal precedent. And that is to say, common law. Roe v. Wade, in the first place, should not have been adjudicated at the federal law level, because no such law ever existed before Roe v. Wade, and abortion is outside the limited and enumerated powers of the federal government. That makes it a matter of local community standards. Thus the right to abort someone became federal common-law legal precedent, in a case that should not have even been adjudicated at the federal level.
Another area of significant interest touched on freedom of speech, in which the Court seems to be constructing protections for “defamation, profanity and fighting words” into an absolute right. To me, no right should be absolute. Everything should have reasonable limits. In multiple pages in this site I have opposed absolute rights to speech as well as religion, culminating in the Outlaw Marxism and Outlaw Islam pages. It seems to me that we should not be legally required to tolerate systems that seek our national doom, and the doom of the very constitution that grants us the rights of freedom of speech and religion.
While I would not oppose anyone’s right to promote Marxism
or to evangelized Islam in the public square, I would oppose any such person the right to entry into
any candidacy, office or armed force that requires an oath to defend the
constitution. Marxism and Islam clearly
oppose the constitution, so adherents could not honestly take such an oath
anyway. Nor should they be allowed any position of trust in our society. We should not be legally required to invite our own avowed conquerors or murderers to dinner.
As usual, I seem to be in the minority here. Read the article yourself and let me know your thoughts.
Have a blessed Holy Week.
Sarcastic Acronym Hover-Link Footnotes: For the convenience of those readers using devices that lack a mouse, these footnotes are provided for all webpages, in case any webpage contains any hover-links. (If you don't have a mouse, you can't "hover" it over a link without clicking just to see the simple acronym interpretation. Click any footnote link to see the acronym and a detailed explanation; "Hover" the mouse over it just to see the simple interpretation.)
SLIMC1 Secularist Liberal Intellectual Media ComplexGESGOEAEOT2 Gradually, Ever So Gradually, Over Eons And Eons Of Time
PEWAG3 Punctuated Equilibrium's Wild-Assed Guess
TTRSTF4 Them There Real Scientifical-Type Fellers
TTRSPTF5 Them There Real Smart Perfesser-Type Fellers
TTRSJTF6 Them There Real Smart Journalistical-Type Fellers
SNRTACBT7 Surely No Right Thinking Adult Could Believe Today
STNSEACPB8 Surely Today No Serious Educated Adult Could Possibly Believe
WDN9 We Don't Know
BMDFP10 Baboons, Mongrel Dogs, Filthy Pigs and ...
HBAACOTE11 Human Beings Are A Cancer On The Earth
ACLU12 Anti-Christian Litigation Union
FLORMPORIF13 Flagrant Liar, Or, Mindless Parrot, Or, Innocent Fool
MEJTML14 Marxist Ends-Justify-The-Means Liar
IEJTML15 Islamic Ends-Ends-Justify-The-Means Liar MPAV16 Marxist Principles And Values
WBESSWG17 Wise, Benign, Elite, Super-Scientific World Governance
TRMITM18 The Reason Man's In This Mess
IYI19 Intellectual Yet Idiotic
TTRSCBTF20 Them There Real Smart Catholic Bishop Type Fellers
IACMPVND21 Illegal-Alien-Criminal Marxocrat-Party-Voting Nation-Destroyers
PEJTML22 Palestinian Ends-Justify-The-Means Liar
PSYOP23 "Psychological Operation" Mind Trick
CDC24 Covid Developmentally Challenged
LGBTQ+ Every Letter Represents A Serious Psychotic sexual Identity Disorder
HEJTML26 Hedonist Ends-Justify-The-Means Liar
SEJTML27 Scientistic Ends-Justify-The-Means Liar
[All Web Pages listed in Site Map by date-of-publication;
oldest at the top, newest at the bottom of the list.]
Culture=Religion+Politics; Who Are We? Vic Biorseth
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Date: Tue Aug 19 2014
From: Vic Biorseth
Comment:
Changes pursuant to changing the website URL
and name from
Thinking Catholic Strategic
Center to
Catholic American Thinker.
Pulled the trigger on the 301 MOVE IT option June 1, 2014. Working my way through all the webpages. .
Regards,
Vic
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Obama’s New Nazi-Communist Alliance
Moscow Terror Attack is Another KGB Operation to Fool the West
Terrorist Attack in Baltimore By Cliff Kincaid
The presence and influence of powers, principalities, and demons in our age of apostasy into godlessness
Christendom and Protestant America’s Apostasy into Paganism A Timeline
System of Lies: Ideological Paradise on Earth and Why the Bloody, Violent Dream Will Not Die
Prayer Against Wicked Ideologues Rescue us, O Lord!
Trump is a Marked Man By Cliff Kincaid
The evil materialist faith of global Luciferianism, Technocracy, Socialism, and Marxism
Trump is Destroying Reagan's Legacy By Cliff Kincaid
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Never be lukewarm.
Life itself demands passion.
He who is indifferent to God has already forfeited his soul.
He who is indifferent to politics has already forfeited his liberty.
In America, religion is not mere window dressing and citizenship is not a spectator sport. Do not allow our common destiny as a whole people to just happen without your input.
Seek the Truth; find the Way; live the Life; please God, and live forever.
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Enter ye in at the narrow gate: for wide is the gate, and
Broad is the way that leadeth to destruction, and many there are who go in
thereat. How narrow is the gate, and strait is the way that leadeth to life:
and few there are that find it! Beware of false prophets, who come to you in
the clothing of sheep, but inwardly they are ravening wolves.
Jesus
Christ; Matthew 7:13–15
Related WebPages
This group of links
show articles exposing the infiltration of evil into the Church, larger
Christianity, the American government, Political Parties, the larger
Culture, and Western Civilization
The Infiltration of Evil Pages
Showing
how Evil advances in culture by one little "accommodation" at a time,
to the point where supposedly good men of high stature eventually come
to support it under other names, through corrupted language.
On Cultural Desensitization to Strategies of Cultural Destruction. The systematic psychological desensitization of a nation's citizenry to the reality of mortal threats to nations.
The Infiltration of Evil Pages highlight the hidden advance of our cultural destruction. Mighty nations, invincible in battle, may be taken down by slow parasitic infiltration of evil.
On the Coming Total Global Reset. This Global Reset will touch every aspect of human life, and nothing will be the same again.
Gay Marriage: What the hell is gay about it? It isn't Gay Marriage, it's Homosexual Marriage. If you surrender the language you lose.
Disorder and Confusion from the White House. And from the Vatican, too? The growing disorder in Obama's America, and in Pope Francis' Catholic Church.
The "Top Down" Catholic Revolution by Bishops Against Established Doctrine. The "Bottom Up" Catholic Revolution by Laymen For Established Doctrine.
Anathematizing anathema: the predictable result of the denial of evil. In a world that denies the existence of evil, anathematizing anathema itself is the only anathema allowed.
On Glorious Adult Judgmentalism, and Our Disastrous Loss Of It. The desire to "Find Common Ground" precipitates our slow, steady, sure decline into pure evil.
The Grand Conspirators, gathering riches and power through treachery and deceit. The Grand Conspirators behind collapsing currencies, environmental panic, social revolution and the end of nations.
Farewell America? No friendly nation will bid "Farewell America" as we go under, for all friendly nations will be too preoccupied with their own deadly emergencies.
American Faith: What it was in the beginning, what it is now, what it should be. If Modern American Faith is not to be Christian, then, what exactly is it to be? Nothingness?
The cultural road to Sodom: Wide, smooth, straight and downhill all the way. Asking the questions, is America already the New Sodom, and is there any way back to simple decency?
Property = Wealth = A Penny Saved = A Fundamental Human Civil Right. Wealth Redistribution = confiscating private property from those who earned it to benefit those who did not earn it.
What does income inequality, or any inequality, have to do with morality? When did we become so stupid? Income inequality, wealth gaps, etc., are not moral issues.
Imperfect Cliven Bundy v. all the Perfect White Commentators. Perfection is not of this world, but the next; unless you're a White Journalist, Pundit or Commentator.
The Class Warfare Lies of "Social Justice" infecting theology and philosophy. Most every time Social Justice is invoked, you are about to hear some Class Warfare Lies.
Decision Point: Will You (We) Stand in Truth, or Lay Down with The World? The exact same Decision Point at which Nineveh was saved, and Sodom and Gomorrah were lost.
On Common Law and the Constitution. What, exactly, is Common Law?
The Contraception Perversion: The Deep Root Cause of All Sexual Perversions. Every form of sexual perversion has its roots in the original perversion of Artificial Contraception.
How many "Practicing" Catholics are really only Lip Service Catholics? Lip Service Catholics like to look Catholic and sound Catholic, but they are fraudulent Catholics.
"Unfettered Capitalism" does not exist; so why is the term so popular? Unfettered Capitalism is a nonsensical term. The moment it is fettered it is no longer Capitalism.
Do detractors even know what Trickle Down economic theory is? Those who condemn Trickle Down economic theory either don't understand it, or they are trying to fool someone.
Marching nations into the Great Collective under the banner of Social Justice. Does Social Justice mean collective property, collective labor, collective rights and collective salvation?
Presenting Yankee Economics to Ranking Catholic Churchmen and others unfamiliar. Yankee Economics 101: A light description for those who never experienced it.
Wayward bishops and complicit journalists corrupted Catholic culture. Evil grew as a leaven in the clergy and corrupted Catholic culture from within.
Establishment Democrats, Establishment Republicans, and Establishment Bishops? Supposedly Catholic, Inside-the-Beltway, Big Government, Progressive, Establishment Bishops.
On the Objective Reality of God, Objective Reality versus Subjective Empiricism, which holds that Reality is subject to Human Perception.
Death to the Church of Nice. Long Live the One, Holy, Catholic and Apostolic Church.
Religion in Culture: the vitally important factor no longer recognized today. Secularists oppose religion in culture. But then, secularists oppose both religion and culture.
Cardinal Dolan's Church of Sodomy: destroying New York Catholicism from the top. Cardinal Dolan is doing to New York Catholicism exactly what Comrade President Obama (peace be upon him) is doing to Constitutional America.
The Culture of Death always wears a false but alluringly innocent smiley face. The Culture of Death, where Madam Hillary loves Scripture and your Living Will won't necessarily kill you.
Thinking of Bai MacFarlane and the upcoming Synod on the Family. Whatever emanates from the Synod, the Bai MacFarlane family tragedy brings it all into proper focus.
Incremental Tyranny advances as we Tea Party-ers cheer our imagined victories. How we always greet more Incremental Tyranny with a cheer, a whoop and a happy-dance.
Catholic American Treason: Bishops join Republcrats in Obamunist treason. Bishops participate in the destruction of American sovereignty, in acts of Catholic American Treason.
On The Evil One's Mal-Formed Compassion and Malignant Mercy. In malignant mercy we see that evil and untruth can infiltrate and commandeer even the virtues.
Promoting Moral Depravity: the popular sport of the intellectual elites. Almost no one knows they are promoting moral depravity, but almost everyone is.
The Pathological Liars of the Left. What do common criminals, Marxists and Moslems have most in common? They are all pathological liars.
Disinformation differs from miss-information by being deliberate and deceptive. Deliberate Disinformation moves America and the World deeper and deeper into error.
Evil is, definitively, Falsehood; Evil is the Opposite of permanent Truth. Evil convincingly argues Religion out of Politics in this temporary, passing world, where Satan reigns.
On the Stupidity of Evil, and the Connection between Evil and Stupidity. Evil is Opposition to God, and Opposition to God is just Glaring Stupidity.
Truth Denial: Über-elitist, high intellectual, super sophisticated Stupidity. Evil = Falsehood; the opposite of Truth. It is not possible to oppose reality and not be stupid.
Nito Gnoci
Linda Kimball
The evil materialist faith of global Luciferianism, Technocracy, Socialism, and Marxism
Prayer Against Wicked Ideologues Rescue us, O Lord!
System of Lies: Ideological Paradise on Earth and Why the Bloody, Violent Dream Will Not Die
Christendom and Protestant America’s Apostasy into Paganism A Timeline
The presence and influence of powers, principalities, and demons in our age of apostasy into godlessness
Nihilism…All That Exists is Matter and Energy The Worldview that Caused the Collapse of Christendom and Protestant America
Revisiting Nihilism: The Will Turned Toward Evil and the Destruction of Western and American Civilization
The enemies of God, reality, truth, western civilization and our souls Linda Kimbal column
The Last Hour and the New World Order Prayer
Our Call to Battle: Rise of the Spirit of Antichrist Prayer Article: “And this is that spirit of antichrist, whereof ye have heard that it should come; and even now already is it in the world.” (1 John 4:3)
God to Mankind: NOW Do You See the Stupidity, Depravity, and Evil in Your Hearts?
Raising the New Tower-- Occult Evolution: Antediluvian, Babylonian and Modern Expressions
Psychopathy and the Western and American Tyranny of Evil Leftist Progressive Myths
Supernatural Genesis 1-11 vs. Pagan Darwinism God and Liberty or Fallen Mankind and Tyranny
Luke 21: 29-31: Some Signs Of America's Abandonment And Spiritual Bondage
Eternal Paradise Or Hell? How And Why Both Choices Are Freely Made
Luciferian Humanists: Citing the Genesis Account is Evil "Any country grounded in Judaeo-Christian values can't be overthrown until those roots are cut ... "
Who is intolerant because ashamed: Creationists or Evolutionary Theists?
Death of the Christian God in Hearts of All Humans Why America and W. Europe are Committing Suicide
THE WORLDVIEW OF EVIL SPIRITS - an article by Linda Kimball MAGICAL MYSTERY CHURCH
Pagan-Darwinian-Materialism Redoubt of Miserable Self-Deceived Non-Self Nihilists
Americas' Spiritually Dead, Deep State and Ruling Class Nihilists Walking Dead Parasitic Idolaters
Doctrines of Demons and the Modern Pagan and Pantheist Antithesis The West's Greatest Threat
Gnosis: The Main Expression of Paganized Christianity in the New Age Inner Knowing, Self-Salvation
Our Age of Malicious Perversion How Truth, Meaning, and Reality Have Been Perverted
The Serpent's Gnostic Luciferian Elite Oligarchy and Global Powers Demonic Darkness Over the West and America
The Creation Model Versus Modern Pagan Models
2 Corinthians 10:5
What Kind of God Do You Believe In?
2 Cor. 10:5 Destroying 'scientific' arguments for false Gods
Evil Spirits, Death of God, Satanic Inversion Pagan America's Reality of Madness, Demonic Bondage, and Non-Self
Judgment and Wrath The Biblical Explanation for Madness and Evil
The Worldview of Evil Spirits Revolution, Evolution, Materialism, Nihilism, New World Order, and More
Gnosis The Main Expression of Modern Paganized Christianity
America's Transformation Into A Mystical Pantheist God-State What the Death of God Has Wrought
Message to All Wearied Truthtellers: Let Isaiah Be Your Inspiration the Remnant
The Triune God, Supernatural Heaven, Souls, Hell, and Demons Do They Exist?
Teachings of Demons The Aeon of Horus, Reign of God-Men, and End of the Christian God
Revelation 2:7" ...the closing of a steel door – a solemn, cataclysmic slamming of a door."
Systemic Nihilism: End of the Human Race Eternal Damnation of Human Souls
Infernal Apocalyptic Atmosphere Over America Disintegration into nothing
Global and Ruling Class Criminal Elitists Their Ring of Power and Pact with the Spirit of Death and Hell
Blessed is the Man Who Does Not Listen to Falling Stars Who Follow After Damnable Heresies
Darwinism: An Abomination Aborting and Rotting the Church. The falling away and apostasy from the one true and personal Holy Triune Creator God has not ended
The Evil One and the Impenitent Who Receive His Mark“. And the LORD God formed man (and) breathed into his nostrils the breath of life; and man became a living soul.” Genesis 2:7
The Fall of Mankind, the Religion of Evolution, and the Antichrist. "Pride goes before destruction and a haughty spirit before a fall." Proverbs 16:18
Why Secular Liberals Actively Promote Evil. Mentally Retarded Liberals
Cultural Marxism. The Many Hidden Faces of Living Active Communism
The Devil, the Big Bang, Evolution, Extraterrestrials and the Genesis Problem
The Ascension To Power Of Misogyny. Hatred of Women
Gnostic Chiliastic Evolution: Satan's Alternative Plan of Salvation. The Great Reset
Why Proclaiming Jesus Christ the Word Became Flesh is Offensive. The Technocratic Utopian World Order
The Divine Androgyne, Pandemonium, and the Battle for Our Souls. Satan's Rising New World Order
America's Modern Pagan Oligarchy, Aztec Gods, and Human Sacrifice. Isaiah 57 Revisited
The Peace Symbol: Occult Sign Meaning Death Against Christians. Hatred of Jesus Christ and Christianity
Americas’ Spiritually Desolate, Parasitic, Ruling Class Nihilists. Satan and Powers and Principalities
Global Oligarchy, Forces of Darkness, and the Spirit of Antichrist. Forces Darkness Within Church and State
Darwinism: Idol of mind symbolizing hatred of Triune Creator God. And Logical End of America
Is the World a Computer Simulation in the Minds of Robotic Overlords? Magic Science, Transhumanists, Gnostic Physicists.
Your soul: Cost of admission to the Progressive Pagan City of Man. New Egypt, Babylon, Sodom and Gomorrah
Iron Curtain Over American Minds Progressive Marxisms’ Ideological Utopia
Satan’s New World Order Blueprint and Key Strategy. Christian Capitulation To the Serpent's Consensus Process
Chaos, Breakdown, Demoralization, Destruction: America's New Normal. How it came about and where we are going.
Demonic Darkness: America's Invisible Wave of Evil. Staring into the abyss
Cain, Marxism, Leftism and America's ruling class of 'superior' humans. The dragon they have in common
Modernist Christians in a Man-Centered Universe. Scientific Neutrality and Biblical Deconstruction
The Connection Between Baphomet and Why Researchers Are Creating Interspecies Embryos. 2 Corinthians 10:5
Isaiah 57 revisited: America's progressive pagan elites. Staring into the Abyss
Evolutionary Theism Implies That Christ is Wrong About Creation. "For if you believed Moses, you would believe Me, for he wrote about Me. But if you do not believe his writings, how will you believe My words?" John 5:46-47
Utopianism. Progressive Utopian Cultural Marxism Poisoning Minds, Churches, Schools, Politics
Acts 17:18-19-modern pagan and pantheist antithesis of the Word of God Ecclesiates 1:9 "What has been is what will be.."
Trotsky's Permanent Revolution From Hell In America. The Soviet System in America
Why Transgenderism Is Being Forced Upon America and Our Children. The Divine Androgyne
The Evil Eye Of Envy: Why Being ‘White’ Is Offensive To Some People. No Vice Worse Than Envy
Absolute Nothingness and Non-Self: The Reigning Worldview of Global Power Elites and Western Ruling Classes
What is Evil? Man-made alternative realities
Cliff Kincaid
Trump is Destroying Reagan's Legacy By Cliff Kincaid
Trump is a Marked Man By Cliff Kincaid
Terrorist Attack in Baltimore By Cliff Kincaid
Moscow Terror Attack is Another KGB Operation to Fool the West
Obama’s New Nazi-Communist Alliance
On the "Days Of Rage" Planned For The 2024 Marxocrat Party Convention Some of you just couldn't believe that the formerly Democrat
(Confederate) Party had already gone totally Communist before the 1968
Party Convention
Making Russia Great Again By Cliff Cinkaid
De-Nazification and De-Communization in Russia The The mutual non-aggression Hitler-Stalin Pact, which started World War II, has been carefully “forgotten”
Climate Emergency To Produce a New World Order By Cliff Kincaid
The Next Phase of Obama’s “Permanent Revolution” By Cliff Kincaid
Evil in the White House In This War, The Enemy Is In The Ranks, Standing Right Next To You
Satanism, Communism: What's The Difference? Look To The Roots Of Communism
Fox Is the Leading "Trans" Channel There are some rather peculiar goings-on at the Fox News Channel.
Trump and His Communist Enemies The Demonized Joe McCarthy Turned Out To Be Accurate In Everything He Claimed: Fox News Is Wrong About Him And About Much More
The Five Stooges on Capitol Hill They Think We Need Even More Doped No-Hopers In The American Intelligence Community
The Biden Doctrine of Demoralization and Defeat By Cliff Kincaid
A Republican Church Committee? Do Pro-American Republicans Even Know Who Frank Church Really Was?
A Top to Bottom Housecleaning of America When we clean our house, my wife has a slogan, “Top to bottom,” meaning you have to target the whole house. The same advice applies to nations.
China's Mass Murder Experiment Phase Two
Bury The Dead And Move On Fuggedaboutit!
9/11 Truth This is the real 9/11 Truth: Our “intelligence” agencies are infiltrated.
Moving Toward Gorbachev’s “World of Communism” It's called the Monster Plot.
The Errors of Russia, the Dupes of Putin, and Another Holocaust Can The Increasingly Faithless Free World Be Saved From Russia?
World War Quietly Conquering A Distracted and Blithely Unaware World. Could it actually be Satan's world war on despised humanity?
Stand With Ukraine Against Russia and China By Cliff Kincaid
Tucker Carlson Carlson Gets His Comeuppance. Tucker's View: It is not moral for us to intervene in support of any nation's (Ukraine's) democratic self-determination and against Soviet military expansion.
The Need for Secure Borders. Have we so easily forgotten what borders are for? Have we forgotten that evil exists in the world? Have we forgotten how to keep apart from this evil?
Can Ukraine Survive Putin and Biden? Can America? Can the Free World? Can Faith in God?
The Soviet Union: Back From The Dead The Return of the Evil Empire
Could an American Surrender be in the offing with Biden at the wheel? Is this not the perfect time for Communism to strike, with Commies now governing America, China and Russia? What would Biden do?
Abortion and Communism. If you ever wondered where all the popular abortion-contraception-sexuality-perversion nuttiness came from, look to Marx's Communist Manifesto.
The Secret Life of Martin Luther King, Jr. A life almost totally at odds with his reputation as a minister of the Gospel.
"We belong to the Church militant; and She is militant because on earth the powers of darkness are ever restless to encompass Her destruction. Not only in the far-off centuries of the early Church, but down through the ages and in this our day, the enemies of God and Christian civilization make bold to attack the Creator's supreme dominion and sacrosanct human rights." --Pope Pius XII
"It is not lawful to take the things of others to give to the poor. It is a sin worthy of punishment, not an act deserving a reward, to give away what belongs to others." --St. Francis of Assisi
Truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.—Winston Churchill
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.—Ayn Rand
Atheist Genesis:
In the beginning there was nothing, and nothing happened to nothing.And then nothing accidentally exploded and created everything.
And then some bits of everything accidentally encountered other bits of everything and formed some new kinds of everything.
And then some bits of everything accidentally arranged themselves into self-replicating bits of everything.
And then some self-replicating bits of everything accidentally arranged themselves into dinosaurs.
See?
(See The Darwinism Pages)
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