Monthly Archive: April 2013

Irregular Constitutional Order

I’ve seldom agreed with Hugh Hewitt so strongly—and readers know I agree with him a lot—as I do on repealing the medical device tax through regular constitutional order and not the usual rendering of pig lips and cow parts.  Hewitt has a post today on the issue at his blog.  Here’s a key exchange from Hewitt’s interview yesterday with Rep. Kevin Brady, chairman of the Ways and Means health subcommittee, who agrees with Ways and Means chairman Dave Camp on […]

Real States

One way we define a “state” here in the USA is as a unit of regional government. But states are also ways that we define ourselves as local communities and from which we take...

It’s done, woo hoo!

The Marriage (Definition of Marriage) Amendment Act (2013) passed it’s third reading last night 77-44, legalising gay marriage in New Zealand. The Act won’t go into effect until later this year, as it still needs to receive the Royal...

The judge as moral philosopher

Reviewing Supreme Court Justice Antonin Scalia and Bryan A. Garner’s Reading Law: The Interpretation of Legal Texts in the Claremont Review of Books, David Forte exposes Justice Scalia’s famous legal positivism as moral philosophy by another name.  “They call false,” Forte writes of Scalia and Garner, “the ‘notion that the quest in statutory interpretation is to do justice,’” and they, like Alexander Hamilton, prefer judges to be “‘bound down by strict rules and precedents.”  But judging, Forte pushes back, is […]