Юриспруденция, право
Различные книги в жанре Юриспруденция, право
Lawless
In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more.Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. “We can’t wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution’s checks and balances.President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, “The buck stops here.” When confronted with allegations that his administration’s actions are illegal, Obama responds, “So sue me.” Lawless shows how President Obama has betrayed not only the Constitution but also his own stated principles. In the process, he has done serious and potentially permanent damage to our constitutional system. As America swings into election season, it will have to grapple with finding a president who can repair Obama’s lawless legacy.
The Permission Society
Throughout history, kings and emperors have promised “freedoms” to their people. Yet these freedoms were really only permissions handed down from on high. The American Revolution inaugurated a new vision: people have basic rights to life, liberty, and the pursuit of happiness, and government must ask permission from them. Sadly, today’s increasingly bureaucratic society is beginning to turn back the clock and to transform America into a nation where our freedoms—the right to speak freely, to earn a living, to own a gun, to use private property, even the right to take medicine to save one’s own life—are again treated as privileges the government may grant or withhold at will. Timothy Sandefur examines the history of the distinction between rights and privileges that played such an important role in the American experiment, and how we can fight to retain our freedoms against the growing power of government. Illustrated with dozens of real-life examples—including many cases he litigated himself—Sandefur shows how treating freedoms as government-created privileges undermines our Constitution and betrays the basic principles of human dignity.
Twisting Title IX
This is the story of how Title IX, a 1972 law intended to ban sex discrimination in education, became a monster that both the federal government and many college administrators treat as though it supersedes both the U.S. Constitution and hundreds of years of common law. It's a story about the victims of this law—men and women both—and of the unaccountable government bureaucrats at the Departments of Education and Justice who repeatedly prioritize an extreme brand of politics over free speech, fundamental fairness, and basic human decency. But while help may come too late for many of the present victims of Title IX abuse, there are still measures that colleges and courts can take to curb these abuses until Congress acts—or we see a Presidential administration that cares more about restoring justice and the rule of law than it does about sex and gender politics.
Terms of Engagement
The Constitution was designed to limit government power and protect individuals from the tyranny of majorities and interest-group politics. But those protections are meaningless without judges who are fully committed to enforcing them, and America’s judges have largely abdicated that responsibility. All too often, instead of judging the constitutionality of government action, courts simply rationalize it, as the Supreme Court did in upholding the Affordable Care Act, which represented the largest—and most blatantly unconstitutional—expansion of federal power since the New Deal.The problem lies not with the Constitution, but with courts’ failure to properly enforce it. From the abandonment of federalism to open disregard for property rights and economic freedom, the Supreme Court consistently protects government prerogatives at the expense of liberty. The source of this error lies in the mistaken belief on both the left and the right that the leading constitutional value is majority rule and the chief judicial virtue is reflexive deference to other branches of government. This has resulted in a system where courts actually judge the constitutionality of government action in the handful of cases they happen to care about, while merely pretending to judge in others.The result has been judicial abdication, removing courts from their essential role in the system of checks and balances so carefully crafted by our Founders. This book argues that principled judicial engagement—real judging in all cases with no exceptions—provides the path back to constitutionally limited government.
The Cure for Obamacare
This Broadside will look at the changes that can be made to halt the full implementation of the law over the next few years, including repealing parts of the act that are unpopular with members of both parties. These parts are the medical device tax, IPAB, the new 3.8 percent tax on unearned income, to name a few.Also covered will be potential reforms to Medicare and Medicaid, two major entitlement programs that, if not reformed to ensure sustainability for those who really need these programs, will be bankrupt by 2024. There are a number of important lawsuits that will come before the courts this year on issues such as the exchanges, employer and individual mandates, and the contraception mandate. These will be highlighted and their potential impact on the law will be discussed.Finally, there is the issue of defunding the Medicaid expansion and the federal tax subsidies which, unless changed, will add tremendously to the cost of health care in this country. With the current fiscal crisis, these programs must be scaled back.Like welfare reform, the battle to bring about meaningful health care reform is a long-term fight. We must not give up. The election of 2016 will be very important for the future direction of health care. A reform plan will be offered. If Obamacare is not repealed and replaced, the U.S. will be on the road to a single-payer, “Medicare for All” system such as exists in Canada. We, too, will face long waiting lists, rationed care, and a lack of access to the latest technology and treatments. Examples will be given. America will be on the “Road to Serfdom” and there will be no off-ramp.
The Truth About Gun Control
Who is sovereign in the United States? Is it the people themselves, or is it an elite determined to rule citizens who are seen as incapable of making choices about their own lives? This is the central question in the American gun-control debate.In this Broadside, David Kopel explains why the right to keep and bear arms has always been central to the American identity – and why Americans have always resisted gun control. The American Revolution was sparked by British attempts to confiscate guns. After the Civil War, the U.S. changed the Constitution to defeat the nation’s first gun-control organization, the Ku Klux Klan. When Hitler and Stalin demonstrated how gun registration paves the way for gun confiscation, which paves the way for genocide, Americans resolved to make sure it never happens here.Gun control is not an issue of left vs. right or urban vs. rural. The right to bear arms is crucial to prevent large-scale tyranny by criminal governments and small-scale tyranny by ordinary criminals – and to protect our Constitution.
The Fallacy of Net Neutrality
“There is little dispute that the Internet should continue as an open platform,” notes the U.S. Federal Communications Commission. Yet, in a curious twist of logic, the agency has moved to discontinue the legal regime successfully yielding that magnificent platform. In late 2010, it imposed “network neutrality” regulations on broadband access providers, both wired and wireless. Networks cannot (a) block subscribers’ use of certain devices, applications, or services; (b) unreasonably discriminate, offering superior access for some services over others. The Commission argues that such rules are necessary, as the Internet was designed to bar “gatekeepers.” The view is faulty, both in it engineering claims and its economic conclusions. Networks routinely manage traffic and often bundle content with data transport precisely because such coordination produces superior service. When “walled gardens” emerge, including AOL in 1995, Japan’s DoCoMo iMode in 1999, or Apple’s iPhone in 2007, they often disrupt old business models, thrilling consumers, providing golden opportunities for application developers, advancing Internet growth. In some cases these gardens have dropped their walls; others remain vibrant. The “open Internet” allows consumers, investors, and innovators to choose, discovering efficiencies. The FCC has mistaken that spontaneous market process for a planned market structure, imposing new rules to “protect” what evolved without them.
