This government was intended to be comprised of three co-equal branches, applying checks on each other.
But the judiciary doesn't see it that way.
From Chief Justice Marshall on, they have inserted themselves everywhere, overruling the very memorializing document, the Constitution.
According to Justice William Brennan, the judge should make decisions based on social justice, and that moderns should not be bound by “a world that is dead and gone.”
Pompous, self-aggrandizing.....evil.
1. "Writing in the Harvard Law Review in 1977, Supreme Court Justice William Brennan, Jr., exhorted state judges to embrace activist interpretations of the law. .... Brennan is rightly seen as one of the fathers of the “living Constitution,” under which judges continually reinterpret the nation’s fundamental law “in light of conditions existing in contemporary society.”
2. .... in his Harvard Law Review article, Brennan also ventured onto ... a defense of the idea of constitutionally protected economic, or what legal scholars have come to call “positive,” rights—government guarantees of a material nature.
In the modern world, Brennan contended, the Fourteenth Amendment’s guarantee against deprivation of property “has come to embrace... such crucial expectations as a driver’s license or the statutory entitlement to minimum economic support, in the form of welfare.”
3. Brennan’s 1977 essay helped inspire a “positive rights” revolution in state courts.... state high courts have aggressively used vague state constitutional language—referring, say, to the general welfare—to force legislators to spend billions of dollars on new entitlements. And ... state courts have extended their imaginative jurisprudence to the fiscal battle over government pensions, securing extraordinary retirement protections for state employees at taxpayers’ expense.
Liberal legal scholars, meanwhile, want state judges to go still further, and mandate everything from universal health care to a guaranteed annual income for every citizen.
4. ... President Franklin Delano Roosevelt first popularized the notion of positive rights...in his 1944 State of the Union address. It was time, argued Roosevelt, for the nation to adopt a “second Bill of Rights,” which would add to the traditional protections of the Constitution a new set of economic guarantees. “True individual freedom cannot exist without economic security and independence,” Roosevelt said. “Necessitous men are not free men.” His proposed new rights included a “useful and remunerative job,” “a decent home,” “a good education,” and more.
a. ..... a development reflected in the newly formed United Nations’ Universal Declaration of Human Rights, adopted in 1948, which urged governments to secure for each citizen “the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing.”
Brennan's Revenge by Steven Malanga, City Journal Spring 2014
Lost in the discussion is the nature of the change in the Founder's America, to one in which the spiritual takes a back seat to the material.....
“positive,” rights—government guarantees of a material nature. "
What is the name for the political philosophy based on materialism?
"One of the first to notice the politicization of intellectuals was the French writer Julien Benda, whose 1927 'La trahison des clercs'—“the treason of the clerks,” with “clerk” understood in its medieval sense as an educated person distinct from the uneducated laity—gave a phrase to educated discourse.
Today, people most frequently use the phrase to signify the allegiance that intellectuals gave to Communism, despite the evident fact that the establishment of Communist regimes led everywhere and always to a decrease in the kind of intellectual freedom and respect for individual rights that intellectuals claimed to defend.
The Persistence of Ideology by Theodore Dalrymple, City Journal Winter 2009
http://www.city-journal.org/2009/19_1_otbie-ideology.html
But the judiciary doesn't see it that way.
From Chief Justice Marshall on, they have inserted themselves everywhere, overruling the very memorializing document, the Constitution.
According to Justice William Brennan, the judge should make decisions based on social justice, and that moderns should not be bound by “a world that is dead and gone.”
Pompous, self-aggrandizing.....evil.
1. "Writing in the Harvard Law Review in 1977, Supreme Court Justice William Brennan, Jr., exhorted state judges to embrace activist interpretations of the law. .... Brennan is rightly seen as one of the fathers of the “living Constitution,” under which judges continually reinterpret the nation’s fundamental law “in light of conditions existing in contemporary society.”
2. .... in his Harvard Law Review article, Brennan also ventured onto ... a defense of the idea of constitutionally protected economic, or what legal scholars have come to call “positive,” rights—government guarantees of a material nature.
In the modern world, Brennan contended, the Fourteenth Amendment’s guarantee against deprivation of property “has come to embrace... such crucial expectations as a driver’s license or the statutory entitlement to minimum economic support, in the form of welfare.”
3. Brennan’s 1977 essay helped inspire a “positive rights” revolution in state courts.... state high courts have aggressively used vague state constitutional language—referring, say, to the general welfare—to force legislators to spend billions of dollars on new entitlements. And ... state courts have extended their imaginative jurisprudence to the fiscal battle over government pensions, securing extraordinary retirement protections for state employees at taxpayers’ expense.
Liberal legal scholars, meanwhile, want state judges to go still further, and mandate everything from universal health care to a guaranteed annual income for every citizen.
4. ... President Franklin Delano Roosevelt first popularized the notion of positive rights...in his 1944 State of the Union address. It was time, argued Roosevelt, for the nation to adopt a “second Bill of Rights,” which would add to the traditional protections of the Constitution a new set of economic guarantees. “True individual freedom cannot exist without economic security and independence,” Roosevelt said. “Necessitous men are not free men.” His proposed new rights included a “useful and remunerative job,” “a decent home,” “a good education,” and more.
a. ..... a development reflected in the newly formed United Nations’ Universal Declaration of Human Rights, adopted in 1948, which urged governments to secure for each citizen “the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing.”
Brennan's Revenge by Steven Malanga, City Journal Spring 2014
Lost in the discussion is the nature of the change in the Founder's America, to one in which the spiritual takes a back seat to the material.....
“positive,” rights—government guarantees of a material nature. "
What is the name for the political philosophy based on materialism?
"One of the first to notice the politicization of intellectuals was the French writer Julien Benda, whose 1927 'La trahison des clercs'—“the treason of the clerks,” with “clerk” understood in its medieval sense as an educated person distinct from the uneducated laity—gave a phrase to educated discourse.
Today, people most frequently use the phrase to signify the allegiance that intellectuals gave to Communism, despite the evident fact that the establishment of Communist regimes led everywhere and always to a decrease in the kind of intellectual freedom and respect for individual rights that intellectuals claimed to defend.
The Persistence of Ideology by Theodore Dalrymple, City Journal Winter 2009
http://www.city-journal.org/2009/19_1_otbie-ideology.html
Last edited:
