Executive Decision – Town Hall

By |2023-05-20T09:41:06-04:00September 22nd, 2007|

https://www.townhall.com/Columnists/HoraceCooper/2007/09/22/executive_decision

President Bush’s announcement of the name of the person who would replace Attorney General Alberto Gonzales was eagerly anticipated by many in Washington. Gonzales, caricatured as inept and bumbling by critics of the President, had decided in August that he wouldn’t continue in his designated role as Washington’s whipping boy du jour. In the end the President’s choice of Judge Michael Mukasey wasn’t a surprise as much as it was a stinging acknowledgement of the complete political breakdown that has taken place in Washington – a breakdown that increasingly is trampling all over the executive’s appointment power. If after 2008 the Democrats win […]

Put Your Lack of Money Where Your Mouth Is

By |2023-05-20T09:41:07-04:00September 13th, 2007|

The subtext of yesterday’s Joint hearing in the House featuring General Petraeus and the coming Senate hearing, is the position that the Democrats in Congress will take when the dust settles. Some Democrat warhorses, like Senator Kennedy, staked out their position in advance of the hearings and the “Petraeus Report.” But for the Liberals to actually DO anything will require the consent of their back benchers in both Houses. And, that is very much an undecided outcome.

When the United States engages in military action, the Constitution requires two forms of congressional consent. One is a declaration of war, a joint resolution […]

Using Courts as a Weapon against America

By |2023-05-20T09:41:14-04:00August 27th, 2007|

The supposedly anti-war organization, A.N.S.W.E.R., has just filed suit against the District of Columbia for fines imposed on the organization for defacing public property with its rally signs. Anyone who has traveled at all in D.C. is aware of the A.N.S.W.E.R signs, since they are plastered on light boxes and light poles, especially in the downtown area. The D.C. Department of Public Works has imposed fines in excess of $10,000.

The organization claims that its signs are posted with “a water-soluble glue that is easily removed.” The fact that some of this group’s signs from rallies years ago are still tenaciously clinging to […]

Leahy/Schumer Threaten Judicial Neutrality

By |2023-05-20T09:41:15-04:00August 24th, 2007|

Recent comments by Senators Leahy and Schumer critical of Justices Roberts and Alito demonstrate the senators' significant misunderstanding about the role of the Supreme Court and reveal their own flawed judicial philosophy.

What Is An American? A Primer

By |2023-05-20T09:41:21-04:00August 1st, 2007|

A recent article in The Sunday Paper – “What is an American? Immigration debate reveals patriotism-and nationalism” – has been brought to my attention. In this article, my essay on what it means to be an American, first published at National Review Online in the days following the September 11, 2001, terrorist attacks on our country, was cited. I thought this was a good time to republish that essay here:

What Is An American? A Primer

You probably missed it in the rush of news last week, but there was actually a report that someone in Pakistan had published in a newspaper there […]

Washington Post Has No Clue Why the Supreme Court Exists

By |2023-05-20T09:41:23-04:00July 29th, 2007|

In Sunday’s paper, the Washington Post has an article with the title, “Fewer See Balance in Court Decisions.” The article is based on a poll conducted by the Post and ABC News. Its findings were that “about half the public thinks the Supreme Court is generally balanced in its opinions.” But since that isn’t the point the paper wants to make, it highlights the fact that the number of citizens who think the Court is “too conservative” has increased to 31%.

Both the writers of this article and the editors who put it in print have no clue why the Supreme Court […]

An Open Letter to Senator Specter

By |2023-05-20T09:41:37-04:00July 3rd, 2007|

Dear Senator Specter,

I am writing to you as the Ranking Republican on the Judiciary Committee. It’s useless to write to Chairman Patrick Leahy, because his views are the same as a minority of the Supreme Court Justices — whatever outcome in any case benefits the Democratic Party is fine with him, regardless of what that does to or with the US Constitution.

You, at least, say that you are interested in accurate analysis of the constitutional issues presented. I’ve read a couple of your books and I must say that your scholarship, except in the area of Scottish law, leaves a great deal to be desired.

But, […]

Supreme Court's School Segregation Decision

By |2023-05-20T09:38:58-04:00June 29th, 2007|

Executive Summary

The Seattle District case, decided 28 June by the Supreme Court, is unique in the way that the 5 Justice majority and the 4 Justice dissent attack each other for abusing the Court’s prior cases, essentially of intellectual dishonesty. The majority holds that assigning children to a school solely on the basis of their race, offends the Constitution. The minority would hold that school administrations have the right to do that, in the interests of “diversity.”

Both sides claim to be in the tradition of the classic decision, Brown v. Board of Education, and accuses the other side of betraying that decision.

In my judgment as […]

The Day the Wall Came Down

By |2023-05-20T09:39:01-04:00June 12th, 2007|

Twenty years ago today, then-President Ronald Reagan stood at the Brandenburg Gate in West Berlin, West Germany. He bristled at the inclusion of “West” in the names of the city and nation, forced upon the world as they were by a wall, built by the communists in the East. More, he bristled at the totalitarianism of East Germany and the Warsaw Pact – where the communist ideology necessitated the building of the Berlin Wall, armed with razor wire and machine guns aimed, not at the West, but inward to the east in order to cut down those who would flee to freedom.

Reagan gave a speech […]

Judge Tarred by Liberals

By |2023-05-20T09:39:02-04:00June 8th, 2007|

US District Judge Leslie Southwick comes before the Senate Judiciary Committee today on his nomination to move up to the Fifth Circuit Court of Appeals. When Judge Southwick was nominated to the District Court, his approval was unanimous. But now, the Democrat left has attacked him for being “against” homosexuals and blacks.

Both charges have to do with just two of the more than 7,000 decisions he participated in as a Judge on the Mississippi Court of Appeals. In both cases, he joined the opinion, but did not write it.

In one, the appeals court approved a trial court decision granting custody of a child […]

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