Tuesday, December 18, 2007

Subprime Solution

I should say "less than ideal" to be perfectly clear.

The Federal Reserve announced a "sweeping response" to the mortgage meltdown today; read the whole story here.

So, in summary, the Fed is acting to protect consumers from lenders who want to make them mortgages. Here's the key "reforms":

The proposal would restrict lenders from penalizing risky borrowers who pay loans off early, require lenders to make sure these borrowers set aside money to pay for taxes and insurance and bar lenders from making loans without proof of a borrower's income. It also would prohibit lenders from engaging in a pattern or practice of lending without considering a borrower's ability to repay a home loan from sources other than the home's value.


While we're at it, shouldn’t government, at some level, protect people from credit card offers? How about protection from signing up for the wrong insurance coverage? Or, a true scourge of our times, icy roads? Clearly, walking or driving this time of year is dangerous; are we to bear that risk all by ourselves?

I’ve bemoaned this problem before. But until we start to be self-governing once again, this is only going to get worse.

The State Says No

Is there any end to the interference in people’s lives? This rather innocent sounding story is another piece of evidence (we’re probably up to Prosecution Exhibit # 741,389 by this point) that the increasing growth of external government in Western Europe is bordering on the insane. And Democrats want us to be more like the Europeans?

Candidly, I think Friday is a stupid name. But I think the court interfering in people's lives to this degree is even stupider.

Saturday, December 15, 2007

Oklahoma Video

Here's a video detailing more on the Paul Jacob indictment in Oklahoma.

Friday, December 14, 2007

What's Going on With Those Sooners?

I've been hearing a lot of things going on in Oklahoma these days. It sounds more and more like Oklahoma is the front line in some of the more pitched political battles going on across America.

I heard that there was a petition going around to end race-based preferences; you can learn more by clicking here.

Then, Paul Jacob, long-time political activist and defender of citizen's rights, was indicted for supporting a Taxpayer Bill of Rights.

Hopefully our brother Terry will keep us in the loop as he hears about these things going on in his home state.

Wednesday, December 12, 2007

The Simple Things

I absolutely love stories like this. While this probably belongs on my personal page, I figured more people would see it here, so I'm asking forgiveness instead of permission, LOL.

Anyone who's spent time around babies will tell you that "they know." I'm fascinated that the researchers crafted the test as they did, and while not surprised, I'm delighted that the results seem to reinforce personal experience.

Monday, December 10, 2007

Book Review: Samuel Adams

I just finished the delightful Samuel Adams: Father of the American Revolution, by Mark Puls.

The book follows chronologically the life and political career of Samuel Adams. While he saved little, if any, of his letters and writings, we're able to see the man by the piecing together of letters from John Adams and Thomas Jefferson, and his Massachusetts friends and allies such as James Otis and Joseph Warren.

We're left with the image of a man so devoted to his countrymen and their cause that he suffered financial hardships, personal insults, and the wrath of the most powerful empire on earth, all without seeking glory or a simple thank-you. Some favorite parts of the book:

Adams, using the pen-name of Valerius Poplicola ("friend of the people") wrote: "Is it not high time for the people of this country explicitly to declare whether they will be freemen or slaves? It is an important question, which ought to be decided. It concerns us more than anything in this life."

A British Colonel, Fenton, sought out Adams with a discreet message: he would be richly rewarded and receive public advancement if he would cooperate. Fenton gave Adams this frank advice: he should not provoke his majesty any further. Adams replied: "Sir, I trust I have long since made my peace with the king of kings. No personal consideration shall induce me to abandon the righteous cause of my country. Tell Governor Gage it is the advice of Samuel Adams to him no longer to insult the feelings of an exasperated people."

Oh! And this great story:

For several years, James Otis had been under the care of family in Andover, Massachusetts. He would often turn to his sister and say that "I hope when God Almighty in his providence shall take me out of time into eternity, it will be by a flash of lightning!" On May 23, 1783, a fierce thunderstorm characteristic of the early summer season in New England descended to darken the skies. Otis struggled to the door to behold the clashing elements and the exploding thunder, reminiscent of the cannon fire of the revolution. Between loud thunderclaps, a bolt of lightning, which Mercy thought appeared like a darting serpent, struck Otis in the chest. Electricity shot through his body, and he fell to the floor, dying instantly.


Overall, a well-done take on the "Father of the American Revolution." Arguably one of the most important of our founding fathers.

Imprimis - November 2007

As long as they keep sending me quality materials, I'm going to keep blogging on them.

"A Return to the Constitution" by Hillsdale President Larry Arnn is the title of the November edition of Imprimis. Read the whole thing here.

Mr. Arnn: while there is "no major national force, at least no political force, united to support constitutional government..." we're on our way to trying to bring that back in style. With a little time, a lot of hard work, and the blessings of Providence, we think the future looks pretty bright.

Those Hidden Costs

I had lunch with a gentleman I consider a friend last Friday. He's a libertarian, and a really sharp guy, and I always enjoy our discussions. Never heated, always challenging, he's fun to talk with about a wide range of topics. He routinely comes back to a topic that is near and dear to his heart: the hidden (and high) costs of regulation. Truly, there are numerous examples that would illustrate just how absurd this can be (witness that the government regulates how much water is in every flush of your toilet - assuming you're not living in an old house as I am).

Yet, I saw this article today, and read it mostly out of a desire to read something that would reinforce my thoughts on the disparity between our culture and that of China. And wouldn't you know it? I found something in common.

"The Qingping market is dirty," said a Guangzhou-born taxi driver, surnamed Mo. "It's dirty because it's old, and the government is unwilling to put up enough money to fix it."


Ah, yes, the ever-loving "government." Of course, as anyone who reads here knows, I am referring to the external variety. Like it or not, until we find a means of reintroducing the self-government gene to people, and since men aren't angels, we're going to require some external government.

And while my libertarian friend might cringe, this got me to thinking about the high costs of no regulations. Remember the SARS epidemic in 2002? The same article notes that 8,000 people worldwide were infected, and 800 died. Maybe SARS wasn't that deadly (sounds like the winner of the "worst slogan in the world" contest). But how about the next virus that springs up because of the filthy conditions in some of these markets?

All of which leads me back to familiar ground. Until someone can show me otherwise, balanced government remains the only means I have been able to discover that has the ability to revive self-government and ensure a rebirth of this Republic.

Friday, December 07, 2007

That Which Is Not Seen

Bush announced the other day a plan to "fix" (I use that word in the most unflattering of ways, such as: "there was no beating the house in Vegas because the games were fixed") the mortgage crisis in the United States.

A key part of the plan involves freezing interest rates on mortgages that were "teaser" rates to induce people to borrow (also called by their proper name, "adjustable rate mortgages").

(deep breath)

There's a lot being written about this. A rather favorable analysis can be read here, and a rather unfavorable one can be read here.

I can't help but wonder if there's a bigger issue, however. No surprise to anyone who reads this blog, but I immediately focused on the destructive way this plan affects self-government. If people aren't responsible for taking on enormous debt loads, what's to stop them from making other bad choices? If investment banks aren't responsible for trading in securities without accounting for the inherent risks in those securities, what's to stop them from making other bad investment decisions? And more importantly, is there any crisis that the government shouldn't bail people out of?

I have always remarked that one of the great things about the US economy is that we take our punishment. Unlike the Europeans or even the Japanese - who were mired in a decade-long recession - when we over-reach, we get beaten up and knocked down quickly. And hard. But we get back up. And we're stronger for it. But maybe not anymore. Maybe we're going the way of the Japanese or the Europeans. Time will tell, but I think this bail-out is a disaster on many levels, particularly those which are not readily seen.

Thursday, December 06, 2007

Webster's On a Roll

Please go to Webster's blog and check out this post.

In fact, the most recent 2-3 posts are all very good. Looks like our friend Terry has been chomping at the bit to get these up.

I also noticed that one of his featured posts is my interview with Dr. Kevin Gutzman; thanks for the link-up, Terry.

Wednesday, December 05, 2007

Founding Brilliance

I love it when I get a hold of a quote like this that speaks to us so clearly as if to answer our problems. Courtesy of the Patriot Post:

"An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others."

-- James Madison (Federalist No. 58, 1788)

(Emphasis mine)

Saturday, December 01, 2007

On Virtue

I've been sitting on this quote for some time, as I tend to do, with the intention of posting something on the topic. Let's hear from Mr. Madison, courtesy of the Patriot Post:

"Is there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks-no form of government can render us secure. To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea, if there be sufficient virtue and intelligence in the community, it will be exercised in the selection of these men. So that we do not depend on their virtue, or put confidence in our rulers, but in the people who are to choose them."

-- James Madison (speech at the Virginia Ratifying Convention, 20 June 1788)


I find it natural that the Founding Generation was as concerned with virtue as they were; yet, sad that we seem to have departed so starkly from their example. Can you imagine a leading politician of our time exhorting the people on virtue? How soon would he or she be chastised? Or denounced as a "hypocrite" (one of the Left's favorite smears) because of something he or she had done in their life?

Another Founder famous for his opinion on the necessity of virtue is the second cousin of our second President. Says Samuel (from the FQD at the Patriot Post):

A general dissolution of principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy. While the people are virtuous they cannot be subdued; but when once they lose their virtue then will be ready to surrender their liberties to the first external or internal invader.

Reference: The Writings of Samuel Adams, Cushing, ed., vol. 4 (124)


Note that he mentions "external or internal" threats. It is no secret to any of the regular readers here that I see the two biggest threats facing us to be the march of Liberalism and Islam; I wonder if we were as virtuous a society as the founding generation how we'd be handling these threats. Cowering in fear? Appeasing? Bowing before the commissars of political correctness?

Here's my take on that indispensable quality, virtue. We've discussed in prior posts what self-government is. I generally distill it to the dual virtues of self-restraint and self-sufficiency. Read the Founders and you'll realize that our form of government is created for a self-governing people. And that it's wholly inappropriate for a dependent people. Any wonder we're facing the problems governmental that we are?

But virtue isn't lost, and in fact, it may be making a comeback. Imagine my delight at this story from the Tribune about purity dances. Where families are strong and God is a part of the family, virtue seems to survive. Notwithstanding the usual sniping of the Left, such as this:

In this new counterculture, trouble-prone pop stars such as Britney Spears and Lindsay Lohan are outcasts. In their place, 1 in 6 teens are signing virginity pledges, though 88 percent of them break that vow before they marry, according to a federally funded national longitudinal study of adolescent health.
(emphasis mine)

Well, why bother, goes the logic of the Left, if they're just going to fail? Here's why: maybe aiming for purity doesn't guarantee success, but maybe young girls will enter marriage with fewer partners.

"Girls are going into marriage with 12 sexual relationships. That brings so much baggage and regret that it breaks down the marriage," said Janet Hellige, a volunteer who organizes the biannual Father-Daughter Purity Ball sponsored by The Christian Center in Peoria. "Girls have a wonderful gift to give, and we don't want them to give all of themselves away. What we want them to do is present themselves as a rose to their husband with no blemishes."


Virtue is indeed indispensable for healthy families and a free Republic. But don't count on your children hearing that from anybody other than you, their parent (or Aunt, Uncle, or other relative). It's incumbent upon us to ensure that our children have a moral, as well as an intellectual foundation before they go out into the world. I would submit that a child with no moral foundation is at a greater risk than a child who cannot read, yet you'll never see a "program" designed to correct the former deficiency.

Friday, November 30, 2007

The Organization That Never Quits

Clearly the best bang for my buck has been my membership in the Federalist Society. They keep hammering me with outstanding information, so I've got to share some of it with you.

First, this book is on my list. Judging by the brief description, it seems a must-have for every Originalist library. This list of mine, by the way, seems to be ever-expanding. Maybe one day I'll start making a dent, but I fear by then I'll have a positively Jeffersonian library, such that my heirs will not know what to do with it all.

Then, there's this, the recap of the National Lawyers Convention just held this month. Yeah, I know what you're thinking, but before you start in with the lawyer jokes, the theme this year was "Shining City Upon a Hill: American Exceptionalism." I tell you, I couldn't have written it better myself. Yes, and there is audio and video available for your enjoyment. I only hope that the Barbara K. Olson Lecture next year is as good - I hope to be there next year in person.

There's podcasts, a State Court watch, and I just got my issue of Engage in the mail. Guaranteed to be the best $50.00 you'll ever spend.

Sounds Like A Tyrant To Me

Of course, I'm kidding. Well, more accurately, I was being sarcastic. You see, Lincoln remains one of my favorite Presidents. Here's a quote from him I had e-mailed to me by a contact with the Federalist Society.

"If the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, ... the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal."

-Abraham Lincoln (arguing for limiting the impact of the Dred Scott decision)


As we've discussed before, most recently here, it is the duty of all branches of government to uphold the Constitution. For that matter, it is the duty of each and every one of us citizens to do the same.

Ah, Here We Go Again - the "Youths"

The trouble with being busy is that you end up sitting on stories. The trouble with sitting on stories is that they get blogged about by writers better than you.

Nevertheless, I remain undaunted, if a little tardy on this post on the easily enraged "youths" in France.

You can read the BBC's take on the events in Villiers-Le Bel a town of 26,000, here.

It appears that there was an accident in which two teenagers died when their motorcycle hit a police cruiser. According to the BBC:

Relatives of the two dead teenagers insisted that police had rammed their motorcycle, and then abandoned them to die.

However, police say the motorcycle was going at top speed and was not registered for street use, while the two boys - who have been named only as Moushin, 15, and Larami, 16 - were not wearing helmets and had been ignoring traffic rules.


Moushin, huh? Sounds to me like some of those Irish youth who are always stirring up trouble all over Europe.

But most interesting is this article, which indicates that on average nearly 100 cars are burned every night in France. Did I read that right?

About 138 cars around France were burned overnight, which Ribeiro called almost "normal." Police say as many as 100 cars are burned every night around the country.


I shudder to think about what's going on when the burning of as many as 100 cars every night is considered normal. Just another jour in the life of the relig... nah, too easy.

Thursday, November 29, 2007

The GOP CNN/YouTube Debate

I missed the debate but read most of the transcript and heard quite a bit of the exchange in the car on talk radio this afternoon. The AP story is here.

There were some interesting things to take away from this debate. Like it or not, the conventional wisdom that the primary is becoming a two-man race might just be right if the degree of sparring is any indication. I like that the crowd booed Rudy - I think he's bad for conservatives.

I liked this exchange:

Mike Huckabee, who has also come under GOP criticism for some of his immigration policies while governor of Arkansas, defended benefits he supported for children of illegal immigrants, including allowing children to be eligible to apply for college scholarships.

"Are we going to say kids who are here illegally are going to get a special deal?" Romney asked.

Huckabee objected, saying the benefit was based on merit. "We are a better country than to punish children for what their parents did," he said.


And especially this, which Romney needed to say (and he may have to say it again):

"I was wrong, I was effectively pro-choice," said Romney, who has said he changed his stance in 2004 during debates on stem cell research. "On abortion, I was wrong."

"If people are looking for somebody in this country who has never made a mistake ... then they ought to find somebody else," he said.


And in a statement rife with implications, Ron Paul indicated that he wouldn't run as an independent. This is great news because he won't get the nomination, and assuming his supporters have some sense of decency, this will be additional votes to defeat whoever the Dhimmicrats nominate.

While I'll tune in for the general election debates, I've not been inclined to catch the primary ones. Anyone out there who caught the debate, I'd be curious how this one stacked up to the prior debates.

Tuesday, November 27, 2007

Since Men Aren't Angels

Government - the external variety - is necessary.

There is a not insignificant sentiment that exists that supposes that the law is arbitrary; indeed I've argued with many people I consider friends on the improper absolute that suggests that free men should be free from external government. While the body of laws governing the Republic undoubtedly contains some arbitrary legislation, it is worth repeating that morality is a component inseparable from the law.

I have been sitting on this quote for a couple of days, waiting for a time when I'd have a few precious minutes to share the wisdom contained therein. And from one of my favorite Founding Fathers, no less. Enjoy, courtesy of the Patriot Post:

To grant that there is a supreme intelligence who rules the world and has established laws to regulate the actions of his creatures; and still to assert that man, in a state of nature, may be considered as perfectly free from all restraints of law and government, appears to a common understanding altogether irreconcilable. Good and wise men, in all ages, have embraced a very dissimilar theory. They have supposed that the deity, from the relations we stand in to himself and to each other, has constituted an eternal and immutable law, which is indispensably obligatory upon all mankind, prior to any human institution whatever. This is what is called the law of nature....Upon this law depend the natural rights of mankind."

-- Alexander Hamilton

Saturday, November 24, 2007

When You've Got Two Quarterbacks

My brother Pat reminded me of this conventional football wisdom. When a team says that it has two quarterbacks, it really doesn't have a quarterback: when you've got one, you know what I mean. Chicago has had lots of seasons where we've got two quarterbacks. Teams like Dallas, and (Lord forgive me) Green Bay have one quarterback.

It's a little like that with the GOP this year. We were discussing this article by Jonah Goldberg; it's likely to make Ron Paul people happy and Huckabee people unhappy. That is, if you're willing to discount the body of evidence that's out there that links Ron Paul to Truthers and Deniers. Golberg's point about ideology aside, I don't find Ron Paul to be a better alternative to Mike Huckabee. That Paul hasn't denounced his connections and/or support from some of the fringe groups that endorse him equates to a deafening silence.

But here's the point we came to: there's no stand-out candidate this year. One can - and we did - find fault with each of them. We're faced with the prospect of choosing the least damaging or least likely to offend the principles of conservatism. The point to take away from this is that the primaries are extremely important this year, and the consequences of who we choose are enormous.

Thursday, November 22, 2007

Thanksgiving 2007

God bless you all and your families this Thanksgiving and always. Let us recall the advice of His Excellency, Gen. Washington:

It is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favors.

Monday, November 19, 2007

Interview With Dr. Kevin Gutzman

Dr. Kevin Gutzman, author of the recently reviewed Politically Incorrect Guide to the Constitution, was kind enough to answer some questions I had upon completion of his book.

Dr. Gutzman is associate professor of American history at Western Connecticut State University. He received his Master of Public Affairs from the University of Texas, his J.D. from the University of Texas School of Law, and his M.A. and Ph.D. in American history from the University of Virgina. Dr. Gutzman is the author of Virginia's American Revolution: From Dominion to Republic, 1776-1840 and was a featured expert in the documentary film John Marshall: Citizen, Statesman and Jurist. He as written scores of articles and encyclopedia entries, as well as reviews of books, films, and exhibitions for magazines academic and popular.

The following is the text of our interview via e-mail.

MT: Dr. Gutzman, thanks for agreeing to answer some questions in this format.
KG: You are welcome.

MT: I’d first like to ask you if you think the Judiciary is “broken” in the sense that it isn’t working the way it is supposed to; and if so, what do you see as the leading cause of this?

KG: The problem is not the judiciary, but the tradition of judicial review. Over time, what was originally conceived as the federal judiciary’s role in enforcing the Constitution against Congress – that is, in preventing Congress from legislating in areas intended to have been reserved to the states – has come to be a wide-ranging legislative role. The federal courts rarely act as protector of the states against a Congress rapacious for power, but instead usually join Congress in grabbing power intended to be reserved to the states. The result is that instead of a decentralized government in which the overwhelming majority of policies affecting Americans on a daily basis are made by elected, state legislators, we have come to have a highly centralized government in which many important questions are decided by unelected, unaccountable lawyers: federal judges.

MT: How did this begin? What were the origins of judicial review and the courts siding with Congress against the states?

KG: The power of judicial review, of judges’ deciding whether acts of Congress were consistent with the federal Constitution, was said by Federalists during the ratification debates to be inherent in the Constitution. However, they did not say that it would be exercised against state statutes, as it has been since Fletcher v. Peck (1810). Fletcher involved a completely specious construction of the Contracts Clause of Article I, Section 10 of the Constitution, and ever since then, federal courts have felt increasingly at liberty to strike down state laws on the flimsiest of bases.

The Ur-text of federal courts siding with Congress against the states is John Marshall’s opinion for the Supreme Court in McCulloch v. Maryland (1819). In that case, Marshall was at great pains to “correct” the interpretation of the Constitution offered in oral argument by Luther Martin, counsel for Maryland, who happened to be one of the Constitution’s chief authors; according to Marshall, who was not a Philadelphia Convention delegate, Martin was simply mistaken to think that the powers of Congress were limited to those listed in Article I, Section 8, but extended to various implicit grants of power. When James Madison read Marshall’s opinion, he correctly noted that if people had known that this construction would be given to the Constitution, it never would have been ratified. I provide a detailed account of the most important state’s ratification dispute in Virginia’s American Revolution: From Dominion to Republic, 1776-1840 (Lexington, 2007).

MT: I thought on multiple occasions that your book stood as a pretty strong indictment of our educational system, both primary and the university level. What are your thoughts on this, and on the way a person is educated in the legal profession in the 21st century?

KG: Legal education in America is, when it comes to the Constitution, simply inappropriate. Constitutional law is treated as a common law field, one in which what matters are solely the precedent established by federal courts. What should be taught, however, is what the Constitution meant to the people at the time it was being ratified. It is, after all, what the people ratified, and not what the judges made of it, that is “the supreme law of the land.” At least, that is the theory.

People who study the Constitution below the law school level typically study it in the same way as do prospective lawyers: by reading huge volumes of court precedents. One literally would know more about the Constitution by reading it without reading the typical constitutional law casebook than he would be reading the casebook, so this mode of instruction is highly problematic. Once an error is written into the body of judicial opinions “implementing” the Constitution, it is unlikely ever to be corrected, and so future students are taught the error as if it were accurate. In effect, erroneous opinions operate as constitutional amendments.

MT: What are your thoughts on the provisions for removing judges from office? Are they too high a hurdle? What should constitute “good behavior?”

KG: The problem here is not the Constitution itself, but Senate precedent. Unfortunately, the Senate decided in the impeachment trial of Justice Samuel Chase two centuries ago that “high crimes and misdemeanors,” the grounds for which an impeached federal judge can be removed from office, must be indictable crimes. As the great Raoul Berger demonstrated in his Impeachment, however, the Senate erred: a “high crime” or “high … misdemeanor” was a political offense in the English system from which the phrase was borrowed by the Philadelphia Convention — such as, say, amending the Constitution under the guise of interpreting it. By that standard, federal judges such as Earl Warren or William Brennan heartily deserved impeachment.

MT: What are your thoughts on corrective action for addressing some of the missteps of the Judiciary as you mentioned in your book?

KG: The Constitution provides four mechanisms for correcting the courts’ errant ways: 1) constitutional amendment; 2) restriction of courts’ jurisdiction; 3) the appointment process; and 4) impeachment.

Constitutional amendment is, of course, difficult, but should be used more frequently. It was a grave error for James Madison to counsel Thomas Jefferson after the Revolution of 1800 that there should not be an American tradition of amending the Constitution to correct recent errors, and I think that his advice should be abandoned.

Restriction of courts’ jurisdiction is, by and large, entirely in Congress’s discretion. Since the Constitution does not require that there be any federal courts other than the Supreme Court or that they have original jurisdiction beyond the few types enumerated in Article III, Congress could at will deny federal courts jurisdiction over, say, cases involving the burning of flags or the notification of parents that their children have had abortions. This remedy requires only a majority in each house of Congress.

The Senate has essentially abdicated its responsibility throughout most of American history in relation to the appointment of federal judges. It should play a major role in ensuring that the president appoints not merely able, but also constitutionalist candidates. Few senators seem to believe that this is incumbent upon them.

Finally, I have been on record since 1990 in favor of a campaign of impeachments of lawless federal judges. It would do the country quite a lot of good, go a long way toward restoring the federal Constitution, if Congress undertook to remove the foremost judicial legislators from office. It would also serve, as the French say, pour encourager les autres!

MT: It seems that the other branches of government sometimes act as if upholding the Constitution is the responsibility of the Judiciary alone. What do you think it will take before the other branches of government begin to uphold the Constitution?

KG: We certainly should not leave the impression that the judiciary is the only problem. Presidents feel free to propose unconstitutional laws, to act as if the law did not apply to them, to wage war without involving Congress in the decision-making process, and in various other ways to violate the Constitution. Congress feels free to legislate in any way that comes to mind, regardless of the Tenth Amendment’s reservation of powers to the states. Yet, since they have the power of judicial review, for the courts to be directed into the right path would go a long way toward correcting the other branches’ misbehavior.

MT: The contributors and readers of this blog are firm believers in the principles of balanced government. What are your thoughts on the prospects of balanced government as a political movement?

KG: By “balanced government,” I presume that you have in mind a situation in which each branch of the federal government is in the proper relationship to the others? I agree with the great Virginia senator and political theorist John Taylor of Caroline, who said that far more important than checks and balances — some form of separation of powers — within the federal government was the principle of division of powers — the assignment of responsibility in only a few areas to the center, with most reserved to the states — between the states and the federal government. Alas, this most significant of American governmental principles is now largely abandoned. However, one can hope for its resuscitation, and the first step toward that goal is to educate Americans at large about their real constitutional heritage.


Thanks again to Dr. Gutzman. I take full responsibility for any misspellings or other formatting errors as I'm exhausted and posting late; and accidents do happen. Be sure to get your copy of the Politically Incorrect Guide to the Constitution; it is very well-done and a necessary part of any library.