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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: students

Sham U.

04 Monday Apr 2016

Posted by perrinlovett in Other Columns

≈ Comments Off on Sham U.

Tags

America, Canada, freedom, higher education, students

Recently I wrote (again) of the terrible decline of academics in academia. This is becoming a pet subject of mine because of my tenuous ties to higher education and, more importantly, because education is critical in the quest for personal freedom. There’s a reason why they didn’t want slaves knowing how to read.

Here are some links, one based on the other, providing more evidence of the decline. They are derived from studies and experiences in Canada. I suspect American students are even worse off.

No offense, USC sweeties. Google.

Charles Hugh Smith takes a look at the insane and unrewarded growth in the costs of higher education. U.S. student debt has ballooned by $1 Trillion in the past decade – with nothing to show for the expense. Students emerge from the schools burdened with debt, knowing nothing, unprepared for employment in jobs that don’t exist.

Smith cites to an article by Ron Srigley, a professor at Prince Edward Island University in Canada. Srigley gives an insiders account of what education should be, what it used to be and what it has become. He explains the lack of reading, comprehension, and motivation on the part of students, grade inflation, the lack of substantive curriculum, administrative tyranny, and gradual loss of scholarly faculty.

Great works—of science, art, literature, philosophy, and history—are the giants on whose shoulders we stand in our efforts to become giants ourselves. The fact that such works may now plausibly be replaced by narcissistic and transparently self-promoting twaddle, or indeed by nothing at all, is a sign of the nihilism of the modern academy. This is the classroom in which our sons or daughters (or you) very likely sit each day…

  • Srigley.

Great works inspire great work and through great effort produce great minds. Today pandering and mediocre works produce nothing aside from years of debt repayment.

Smith wrote a book, The Nearly Free University, which outlines a better, modern alternative to the expensive, dreary and pointless university system. With technology and determination a student today can still receive a real liberal education, minus the costs and nonsense which accompany the “traditional” school experience. Please share this information with anyone you know in higher education, especially if he happens to be a university bound student. In addition to the mind, money and time are terrible things to waste too.

Death at the Academy

23 Wednesday Mar 2016

Posted by perrinlovett in Other Columns

≈ 2 Comments

Tags

America, college, culture, debt, education, freedom, government, internet, law, learning, Mississippi, political science, political theory, Second Amendment, students, stupidity, The People, University of Georgia

I used to want to teach law or political theory at the university level. Now I do not. Well, honestly part of me still does. However, I have come to the conclusion it isn’t going to happen anytime soon. For years – a decade or so – I had a search running at Higheredjobs.com. I recently turned it off.

After maybe 100 failed inquiry letters and several first (and last) interviews I realized there is a disconnect between me and the academic system. It’s a good thing. I would not fit in. I imagine being the only non-communist on the faculty might be uncomfortable. Less comfortable would be my students. As I have chronicled here modern university students are large toddlers, less concerned with learning than feeling safe.

There’s a new and better educational model anyway. It uses independence and technology for a new take on the classical school experience. Socrates and Aquinas would approve if they were still around. In their respective ancient days only those who desired to learn furthered their education beyond a rudimentary level.

Times had changed by the 1970s when my father was teaching at Mississippi State. The emphasis was primarily on learning but the post hippy culture was creeping in. Serious students mingled on campus with party animals. In the corners social revolutionaries plotted the future of safe spaces, inclusion, and sustainability (still not sure what they sustain – certainly not education). I remember the pretty girls and the copious amounts of coffee and cigarettes consumed by the faculty.

Times kept changing. By the advent of my tenure at the University of Georgia the counterculture was taking control. Still, those that wanted to learn could but it was frowned upon. I fell somewhere between the studious and the partyers. The pretty girls still got my attention. Things were worse in law school. There I joined, fully, the ranks of the studious. As a rebel of demented mental ability I sought out the fundamental theories and origins behind the law. I largely did so in secret and on my own.

Today the inmates run the asylum. Beyond math, science and engineering real learning is frowned upon. There’s a lot of frowning. Tell a pretty girl she’s pretty and you may be brought up on charges. Coffee still seems safe but nicotine is verboten. Say things like “I like guns” or “taxes are too high” or “people should work for a living” and the student crybabies will melt and the faculty will launch into hysterical tyrades.

To be a white man on campus results in treatment once reserved for the likes of Hester Prynne. Pride in Western tradition, morality and common sense are treated like leprosy.

The schools (as they are still called) waste resources on sports, safe spaces, counseling, women’s studies, black studies, gay black women’s studies and a host of other nonsense.

These are the universities mind you. From Harvard to Notre Dame to my beloved UGA the failure of education has spread like a cancer. The lower, primary schools (especially those run by government – most) are in even worse shape.

Notre Dame professor Dr. Patrick Deneen says even the best colleges, like his, are “committing civilizational suicide.”

“What our educational system aims to produce is cultural amnesia, a wholesale lack of curiosity, history-less free agents, and educational goals composed of content-free processes and unexamined buzz-words like ‘critical thinking,’ ‘diversity,’ ‘ways of knowing,’ ‘social justice,’ and ‘cultural competence.’

Our students are the achievement of a systemic commitment to producing individuals without a past for whom the future is a foreign country, cultureless ciphers who can live anywhere and perform any kind of work without inquiring about its purposes or ends, perfected tools for an economic system that prizes ‘flexibility’ (geographic, interpersonal, ethical).”

Frightening but accurate. What happened? What are the sane and the responsible to do?

Gary North did a fantastic job laying out the history and demise of American education. His conclusion is simple and right – “close the schools.” They have failed. They do the opposite of what was once intended. They are beyond the point of redemption. Close them all.

The public schools are in group two. They are likely to die, no matter what. The only economically relevant question today is this: “How long will voters authorize the tax money required to keep them on life support?”

 – North, March 19, 2016.

He mentions the modern, better alternative, guaranteed to deliver real learning – the online education. The Kahn Academy is the largest school in the world with 25 million students. It’s free to anyone. There are others like it. They are beginning to take a bite out of traditional, failed schooling.

MIT boldly put nearly all of its courses online for free, for anyone. Some books will need to be acquired. There will be a small expense associated though many, many books are completely free on Kindle. Any ambitious young person with a laptop and a very basic comprehension of English and fundamental math can literally educate themselves at little to no cost and at their own pace.

There are a host of other opportunities online like Udemy. It’s an outfit or concept like this I may end up going with. Or I might just publish books and/or create my own e-classes in topics that interest me. The sky is the limit.

Educrats and silly professors are panicked because of this increasing competition. No time wasted waiting on the lowest common denominator to catch up. No boredom. No anti-western indoctrination. No crushing student loans of money illegally printed out of thin air.

No need to wallow amid a bunch of weak socialists in a dangerous environment. I recently noted the progress of Georgia’s H.B.859, a bill that would allow free people to legally carry firearms at state colleges. At present these schools are gun free zones – the type of places where the majority of violence occurs. It happens because criminals have a monopoly on force in such places.  The bill would tilt the tables in favor of ordinary people.

As such, it is opposed by criminals and school faculty and staff lacking common sense. UGA law professor Sonja West wrote a hysterical piece for Slate decrying self-defense. Using backwards antidotal evidence and shaky psuedo legal reasoning she conveys her central thought: she does not like guns. At least not guns in private hands. It’s just terrible people might have a legal fighting chance to repel attacks; the Second Amendment be damned.

The hoplophobia and mania runs deeper at the Red and Black, UGA’s leftist student newspaper: “Donald Trump may be the 21st-century equivalent of Mussolini, but the real threat to democracy is right here in Georgia.”

That’s all I really need to quote. Having worn out the Hitler label the lefties are turning to Mussolini. The poor argument is that guns threaten democracy. Democracy is about as big a threat as one might contrive. Free people with guns are a check on violence and tyranny, democratic or otherwise. Pitiful.

There was a death at the academy. Learning died. Now the schools themselves are headed to the graveyard. I hope you will share this information with a young person and said person’s parents. Help save them from wasting time and money and from exposure to whimps, communists, and freedom haters. Help them learn and explore their world freely.

Law Schools: Deans, Dunces, and Degeneracy

28 Saturday Nov 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

abortion, Amercia, attorneys, children, Christians, communism, education, First Amendment, free thought, free-speech, hero, Hobos, idiocy, law school, Madison Gesiotto, Miss Ohio, Moritz College of Law, Natural Law, Nazis, Planned Parenthood, Political correctnous, socialism, students, THE Ohio State University, univerity, writing

This week I protested the wholesale stupidity and cowardice of high school administrators in Massachusetts. Sadly, I now have bigger fish to fry. Fry them I shall. Last night I read about the utter demise of the Moritz College of Law at THE (they put emphasis on that word) Ohio State University.

You may recall my reflections on my own Legal “Education” – a process which bears little resemblance to the legal profession and none to the actual law. Law schools obsess over “positive law,” meaning statutes and court decisions (particularly the courts). There the Natural Law is a heresy.

In general law schools are not worth attending. They offer three years of state worship, communism and idiocy in exchange for entry into a failed and depressing career. THE Ohio State law school provides an excellent example.

Until about 40 or 50 years ago American universities were places where ideas were exchanged and cultivated. Law schools were supposedly high bastions of legal theory. I say supposedly because they also served as gatekeepers for the attorneys’ professional monopoly. Many of our best lawyers – Jefferson, Adams, Spooner, etc. – did not attend law schools – they “read” or self studied the law while apprenticed to a practicing attorney. I digress…

Elementary and high schools provided the base education. They made sure graduates could read, write, add and think for themselves. They also instilled a sense of history and scientific wonder and civic appreciation. Colleges were where serious scholars furthered their learning. Graduate schools were reserved for the elite.

Everything has changed now. Grade schools today serve as temporary detention centers where the inmates are indoctrinated as they await entry into either real prisons, menial employment (becoming rarer), or college admissions. The colleges serve as hosts for semi-professional football teams, sex and drug parties, and havens for the mentally defective, otherwise unemployable people known as “academics.”

Colleges, to include law schools, babysit a generation of uneducated, uninterested, uninteresting weaklings. The students demand “safe spaces.” They obsess over trivial or purely imaginary sufferings of which they have no understanding. They are unfamiliar with free thought or the value of a question. The staff and professors, still mourning the loss of the Soviet Union, cater to this legion of wusses in a desperate bid to keep their own irrelevant jobs. They cater and coddle so long as the little snowflakes are politically correct. The free-thinker, the libertarian, the conservative, the proudly Caucasian and the Christian are considered enemies within.

Madison Gesiotto found out about the deplorable intellectual dishonesty and spinelessness of the Moritz College of Law the hard way. The stunning beauty queen (Miss Ohio USA) came to Moritz for the stunning purpose of furthering her education. A pro-life Catholic and an accomplished writer, she penned a story about the devastating effects of the abortion industry on the black community.

This was a triple sin. First, Christians are supposed to be silent should they even be allowed inside the temples of government worship. Second, abortion is a sacrament to the cult and never to be questioned. Third, and a recent development, the black community is not to be mentioned outside of glowing support for the black lives matter bullshit and other small sects of discontent.

A reasonable, thoughtful person would glean from Madison’s article her concern for black children, all children, murdered by the Satanic likes of Planned Parenthood. The American abortion trade was born of racist Nazi origin. One would think liberals and the modern race hustlers would declare war on rather than fully defend such an institution. Those black lives must not matter.

For her sincere concern and honest scholarship Madison received scorn and even a threat. “The government cannot take action against you for your offensive and racist article. But your colleagues can,” wrote some idiot on Madison’s Facebook page. Madison does not know the fool who posted this statement (smart enough not to be criminal but dumb enough for national condemnation) though she knows or suspects he is a student at Moritz.

I wrote to Madison too, informing her that her online stalker is a wuss and not to be feared. I can almost guarantee he sleeps with a nightlight – the kind who flits about in skinny jeans – the kind just brave enough to threaten a girl on the internet – the kind that finds girls “icky.”

We can tell a good bit about our e-vilgilante by his choice of words. He starts: “The government cannot take action against you …” He really wishes it could. He’s a socialist or Nazi at heart. Anything he deems inappropriate should be a crime. The government should take action.

“…for your offensive and racist article.” Up is down and black is white to these itty bitty babys. An article condemning the murder of several hundred thousand black children each year is racist. Does the bedwetter want them killed? Why? Perhaps his cry is a transferring admission of a conscious he is personally afraid of. And “offensive.” Lefties love nothing more than to be offended by something. Rather than threaten Madison they should thank her for giving them something to cry about.

“But your colleagues can.” Can what? Take what action? Whatcha pansies gonna do? They’ve done it. They sent a Facebook message. They have now exhausted their powers. One would hope they are now safely back in the safe room being safe. You can’t help but feel sorry for them. It’s like coming across a terminally injured rabbit (except the bunny thinks a bit more and isn’t afraid of girl bunnies).

Using this dork as a benchmark Madison has no colleagues at Moritz. She must stand out like a tree among weeds. That last line – the threat – was a subtle warning that politically incorrect thought and expression will be punished by the legal community. The sentiment was echoed by the school itself as I will note shortly.

So what? Madison can’t be kicked out for free speech (though that would rid her of all this stupidity). Perhaps the Ohio Bar will frown on her application. Odds are the review personnel are not smart enough or industrious enough to connect these dots. Even if they did, they can be sued just like a law school. Maybe Madison won’t have the luxury of slaving away 16 hours a day, 7 days a week for years at a big “prestigious” law firm. The kind of firm where, if you survive, they come to you one day and tell you you’re not moving up so it’s time to move out.  Horrors!

No, Madison’s future is secure. She was bright enough to make it on her own anyway. Now, as a victim of statist discrimination, she is a national sweetheart. People (most of us) still love real women and real Americans. She’s probably already had job offers. Maybe book offers. She will be on national television this weekend to explain her experience.

Now, let us look at the school itself. Feeling threatened Madison did what she was supposed to. She contacted the school and arranged a meeting with the dean. At the meeting she found herself confronted by three deans. They blew off her concerns for her safety and freedom and immediately attacked her and her article.

“This is a flawed article, it’s not a good legal piece, it’s not a good journalistic piece, either,” snorted her trio of over(tax)paid assailants. Like the Facebook bully these “academics” revealed a bit of their psyche and lack of mental horsepower. Their statement revealed a lack of understanding of journalism, legal or otherwise.

Dean Alan C. Michaels said he “takes any alleged threat against its students very seriously.” The thought bubble over his head continued, “except in this case. We’re going to abuse the victim here.”

Alan, who graduated from Harvard and Columbia, can be reached at (614) 292-0574. He’s a former prosecutor and criminal law specialist. Criminal. You know. Like threatening remarks criminal. Criminal negligence in refusing to investigate threats. Pitiful. If the roles were reversed, Madison would be in a holding cell somewhere. Pathetic.

Dean Kathy Seward Northern ((614) 292- 7750) alerted Madison she had reached out to the Moritz’s Black Law Students Association and found them not a threat to Madison. This was pointless as Northern knew the stalker was white and likely not a member of the BLSA. Her real intent was probably to fan emotions in the BLSA against Madison’s raaaaaaacism (defending black babies and all that). Her specialty is “environmental racism” whatever the hell that is.

The hidden agenda worked. The BLSA said they were OFFENDED by the racist article. Again, she made their day, showering them with glorious offense. Not mine. All this offense taking is beginning to offend me.

Northern told Madison (probably while looking down her nose) “that in her mind this article could be taken various ways and left questions to be answered.” Yeah, idiot, that’s what good journalism does. It provokes questions. Thoughts. Discussion.

The deans did recommend a “facilitated discussion” between Madison and her intellectual and emotional inferiors. She wisely refused. Such a session would have consisted of lowbrow freaks taunting the young woman (while maybe also flinging poo at her) while the deans looked on in smug approval.

A third dean was mentioned but remains unidentified. It’s as likely as not it was a homeless person pulled in off the street by Michaels and Northern. Hobos look and act much like law school deans. He obviously added nothing memorable to the conversation.

The Moritz website touts its faculty: “Brilliant scholars and devoted teachers, our professors are passionate about making lasting contributions in their fields of expertise and in the lives of their students.” I ponder their lasting contributions to Madison. Maybe they did teach her something – personal fortitude in the face of socialism.

Like a champion, Madison remains undeterred. She wrote another excellent article in her own defense. 

I am Catholic, I am conservative, I am an American, I am a woman, I am a millennial, I am a law student and I am proud.

I am not afraid to voice my opinions and refuse to be stifled by the unwillingness of others to accept views, beliefs or behaviors different from their own.

Madison, Washington Times.

You. Go. Girl.

Concerned Women for America and other groups have come to her defense. Not that she needs it. She has single-handedly defeated the fascists of Moritz. She did it by merely standing up to them. They have no power over her and will fear her going forward. They also have nothing to teach her though this incident has given her an education of sorts.

Madison is beautiful, brave, talented and a winner. She can’t be alone in academia. If there remain even a few like her, then the institution is not completely lost.

northern_kathyHobo-Costume1

The dynamic deanery.

 

Department of Whimp Studies

12 Thursday Nov 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Department of Whimp Studies

Tags

Amercia, children, college, free thought, free-speech, freedom, logic, offense, Political correctnous, students, The People, University of Georgia, whimps, Yale

In another century I recall walking up the hill towards Georgia’s north campus. It was a clear lovely morning. There, hanging by a noose from an ancient tree, was a mannequin clothed in ethnic African garb. Upon the corpse was affixed a sign protesting the atrocities in Somalia – this was during America’s failed intervention in that crumbled nation. Dramatic high political speech.

The hanging corpse faced downhill so as to be visible to the masses walking north from the student center and Sanford Stadium. Those at the library and the law school also had a good view. The body stayed there all day.

I think they left the beautiful tree when they erected yet another monstrous hall of learning on the hill – followed by another across the walkway. Progress.

A year or two later I was on the north campus quad, making my way to Brooks Hall. I smelled smoke and heard a commotion. Nearing the hanging tree I observed Brooks engulfed in flames.

The metal roof needed repairs and a roofer with a torch was called in. One thing led to another and then the whole structure needed repairing. It was almost a year before classes resumed therein.

Another time I trotted into the courtyard between the student center and the bookstore. There was a huge crowd gathered around the performance stage. On stage were a variety of smartly dressed loudmouths. A be-suited man was screaming into a microphone. I think it was Fred Phelps of Westboro Baptist fame. If not, he was a similar hate-monger.

“Fred” ranted and raved. The gathered students jeered and mocked. A woman on stage filmed the spectacle. A police officer looked on. He was there to keep the throng from assaulting the insulting preacher though he obviously sided with the insulted. All in all, the crowd was very well-behaved. The good behavior was rewarded with belittlement and abuse:

You, slut in the pants, thou shalt burn in hell!

Black man, ye shall no the fires!

Filthy sinner, I discern thoust to be a homosexual. God hates you!

You there, … I just don’t like your looks. Sinner!

Here, we have a witch!

A young man turned to the taunted, taunting crowd and asked them to show old Fred a little respect. The crowd booed laughingly. Fred turned immediately on his defender: “Silence! Ye heathen interrupter!”

On it went. I grew weary and shuffled away. The students gave as good as they got from Hell’s street preacher.

Again, that was another century. I swear people were differen then. Remember? It was called America.

Today, any of these incidents would be the genesis of great crisis. CNN would host a campus town hall telethon. Riots would ensue. Politicians would shriek. Climates would change.

By all accounts, over the past 25 years Americans in general have changed – young people and college students especially. They have become soft as butter and about as intellectual.

college-animal-house-330x500

Google.

National Review notes: Campus Commotions Show We’re Raising Fragile Kids. So it seems. Decades ago, armed with only flowers, college students would stand down the rifle-totting ranks of the National Guard. Now, they cower in fear of one of their own sporting a Raggedy Ann costume.

The Review’s article centers, primarily, on the stupidity at Yale.

A warning not to wear culturally insensitive Halloween costumes sparked an imbroglio at Yale, which went viral over the weekend. A lecturer asked in an e-mail, “Is there no room anymore for a child to be a little bit obnoxious . . . a little bit inappropriate or provocative or, yes, offensive?”

Students went ballistic. When an administrator (who is the lecturer’s spouse) defended free speech, some students wanted his head. One student wrote in a Yale Herald op-ed (now taken down): “He doesn’t get it. And I don’t want to debate. I want to talk about my pain.”

They can’t debate anymore. That requires logic. It’s all about them now. Their feelings. Their offense. Their pain. The Review has also deemed them Yale’s Idiot Children.

And what happens when large numbers of these delicate little flowers are set free to navigate their way through life? They feel unsafe and demand “safe spaces.” They feel threatened by uncomfortable ideas and demand “trigger warnings.” They might even want written rules or contracts to help them negotiate sexual relations.

In other words, this is the generation the mandarins of political correctness have been waiting for.

This tragedy is part of yet a greater tragedy in the making. As America’s young grow weaker, the world gets harder. There’s a lot of danger brewing out there – terrorists, welfare-driven migrations, economic upheaval, political machinations. If the darlings can’t stand the uncomfortable idea, they will never be capable of withstanding the uncomfortable action.

Things must change and quickly if an entire generation is not to be lost to whimpdom. They fate is bad enough. Worse, civilization may hang in the balance. Oops, didn’t mean to offend anyone by writing “hang.” Oops, wrote it again…

 

Gator Aid

09 Monday Nov 2015

Posted by perrinlovett in News and Notes

≈ Comments Off on Gator Aid

Tags

alligator, America, college, Constitution, race, students, stupidity

This morning’s coffee is struggling to power up my brain. So it is that my daily perusing of the news is a little off, maybe jaded.

For a few sleepy minutes I thought about commenting on this week’s university stupidity. I guess I just did… Missouri is having racial issues of unclear origin. Sad. At Yale, bastion of the vaunted Ivey League, students had difficulty with their own Halloween costumes. Very sad. Officials at Yale, Cornell, Syracuse, Vassar and Oberlin want to destroy Constitutionally protected rights. That may or may not have anything to do with costumes or racism. Pathetic.

I tire extra early this week of the same old American idiocy. You may look at the above links if you care.

Instead! I implore you to watch this cool video! It’s not everyday ones sees a giant alligator at Home Depot.

217

Channel 2, Houston.

A small, possibly insane woman wrestled down the magnificent 800 pound beast in a Houston suburb. Cue BOC’s Godzilla! With the help of a police officer, a dude(tte?) with a rope, and a forklift, the little lady got the dinosaur off to a new home far away from the annoying Christmas displays, lumber, and toilet parts of modern suburbia.

It’s a reminder that, despite the persnickety, ever offended higher “education” crowd, there are still some real Americans left. That, and some fable-worthy animals.

See you later, alligator!

Guilty: Students, Professors, and the Public Get Schooled by Big Brother

16 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Amerika, anarchy, bombs, Courts, crime, double jeopardy, drugs, due process, evidence, evil, freedom, government, injustice, Islam, justice, Justice Department, law, police, police state, prisons, probable cause, rights, schools, Sir. William Blackstone, State, statism, students, teachers, Temple University, terrorists, The People

Several years ago, when I was actively practicing law, I held a discussion with a class of highly motivated and intelligent high school students (mostly upperclassmen).  My subject matter was the economic and cultural chaos wrought by the modern police state.  To my joy the students, nearly every one of them, were not only aware of the issues I covered but were deeply concerned about the world they would soon enter as adults.  Many embraced good old-fashioned anarchy as a positive response to the daily deluge of state-imposed evil.

Another thing which struck me, and which I mentioned to the young people, was how much their public, government high school resembled a prison – both in physical appearance and in operation.  Of this too they were all to aware.

It was a nice, new, modern facility in one of the trendiest parts of town.  It was where the money went when they didn’t want the private school bills.  The halls were clean, the grounds attractive, the people were pleasant.  However, I noticed things which seemed better suited for a correctional facility than a place of education.

Back then I regularly traveled around to various prisons and jails.  Most have a familiar layout and feel.  So too did this shiny new hall of academia.  The building was made of interlaced concrete blocks, bare of ornamentation – like a prison. The rectangular halls, with classrooms on either side, were laid out in wings or pods, fanning from a central hub – like a prison.  The central hub housed the administrative office in what looked like a tall glass control tower – like a prison. Near the doors were metal detectors (not in use that day) – like a prison.  The building was patrolled by armed officers – like a prison.

I had met some of these officers, all certified in law enforcement, before in professional settings.  I tried several cases stemming from “criminal” school misconduct.  The cases usually involved drugs, alcohol, cigarettes or other earth-destroying calamities.  Every single one of them was also devoid or things like probable cause, evidence, due process, and common sense.  I beat every single case.  And, it took quite the beating to win them.

Another ancient legal protection absent from modern Amerika, especially concerning students, is the prohibition against double jeopardy.  The theory, best summarized by Sir William Blackstone in the late eighteenth century was the “universal maxim of the common law of England, that no man is to be brought into jeopardy of his life more than once for the same offence.” (Emphasis mine.)  This theory is but legend now.  Our children often face triple jeopardy over things that are not crimes in the first place.  Here’s a real world example (possibly a combination of different cases, all real):

Johnny saw the school psychologist who suggested Johnny be prescribed mind-altering psychotropic drugs for his nonexistent attention deficit (in reality Johnny was just a boy).  Johnny’s doctor prescribed the narcotics, which otherwise would be considered illegal under state and federal law.  Johnny became semi-addicted.  The drugs caused his brain to slow down.  While giving him the appearance of being calm and receptive the dope also seriously impaired his health, to include his judgment. Johnny became a zombie.

Now, under the influence of these otherwise illegal drugs, practically mandated by his school, Johnny ran afoul of the school’s idiotic policy on otherwise illegal drugs.  School regulations dictate that any and all medications prescribed to a student must be held for the student’s use in the keeping of the school nurse. Johnny so kept his medicine in the school’s care and keeping.  Remember, the drugs in question diminished Johnny’s ability to rationalize and act appropriately.

One day, under the influence of these dangerous narcotics, Johnny forgot to drop off a few of his pills with the nurse.  He kept them in his book bag.  Mind you that Johnny never had any troubles whatsoever with his teachers, his classmates, or anyone else.

Out of the blue, without warning, probable cause, or a warrant, along came the local Sheriff’s department and their trusty drug-sniffing dog.  My students told me periodic drug sweeps were common in the prison…er..school.  The dog did his unlawful job well and promptly located Johnny’s pills.  The pills he was forced to take.  The pills that impaired his ability to reason.  The pills that caused him to forget to follow the procedures of the school that forced him to take the pills. Johnny was in trouble.

Jeopardy the first: Johnny had to appear at an administrative school hearing and faced expulsion or a year at the “alternative” school – like the supermax prison of the school world. Jeopardy the second, under asinine state law, as a minor with a driver’s license, Johnny’s possession of “drugs” put his license at risk and necessitated another administrative hearing before a state officer.  Third, and worst, Johnny faced a criminal proceeding and the possibility of jail time.

Luckily, Johnny had a good attorney and beat the triple threat.  He was back in class, soon weened himself off the school dope, and became a college honors student.  Others in the system are often not that lucky.  Maybe you know one of them. Maybe you were one of them.  Others have noticed this phenomenon and written about it.

Today John W. Whitehead wrote: Public School Students Are the New Inmates in the American Police State.

From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

If your child is fortunate enough to survive his encounter with the public schools, you should count yourself fortunate.

Most students are not so lucky.

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

Whitehead.

Whitehead notes the utterly insane militarization of the school police, who shouldn’t even exist in the first place:

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

As Whitehead states, the stories of abuse are “legion.” Students are being harassed, detained, and arrested for anything and everything.  One student was recently arrested for showing off his homemade clock at school.  Specifically, he was showing the clock off to his engineering teacher, who was duly impressed. Despite the fact the clock was obviously a time keeping device and impressed the shop teacher, its owner, a 14-year-old, was handcuffed and hauled away by police.

_85589317_4163c0e1-3c48-44ab-af0f-c53360632e81

Child Arrested for Chronometer Possession.  BBC.

The boy in question was a known Muslim and some feared his clock was a bomb. The criminal case was dismissed after the clock was verified to be a clock not a weapon.  I imagine the boy still faces school discipline in addition to the trauma he suffered during the incident.

This story almost makes sense.  Americans today face the threat of Islamic terror, largely because their government constantly stirs the Islamic world to the point of terrorism.  The same government then trains, equips and funds the known terrorists.  Worse, the government, almost out of malicious hate for the people, then import migrants from the areas where they have fostered hate and terror.  You can see this is definitely a problem.  But, it’s a problem with the state not with an aspiring young engineer.

Your government does not care, at all.  Frequently neither does the media nor the television-numbed people themselves.  Obey those laws!  Trust the state! Arrested means guilty, period!

William L. Anderson today recounts the horror story of the arrest and unlawful prosecution by the U.S. “Justice” Department of Xiaoxing Xi, Chairman of the physics department of Temple University, on espionage charges: Paranoia and Pernicious Prosecutions: The Department of Injustice Continues its War Against the Innocent.

The once-glorious standard of American criminal law – guilty beyond a reasonable doubt – no longer exists de facto in U.S. courts, and especially in federal courts. Furthermore, federal intervention in certain legal areas – and especially when highly-politicized accusations of sexual assault are made – has made it extremely difficult for charged individuals to mount a defense, even when a charge is ludicrous on its face.

Let me further explain. Had there been a trial federal prosecutors would have presented their evidence and Dr. Xi would have had to then rebut with his evidence. However, as became painfully obvious, prosecutors had no evidence. Instead, they had “evidence” that on its face was untrue because they had the wrong material. One imagines that prosecutors and their “expert” witnesses would have given jurors a lot of scientific terminology that would have been confusing, and when jurors are confused, they usually end up siding with the prosecution, since most Americans believe that an indictment itself is “proof” of guilt.

It would have been up to Dr. Xi and his defense to prove that federal agents had presented the wrong set of blueprints. The feds would have falsely claimed that theirs was the correct set, even though by then they surely would have known they were presenting false claims. This last point is important, because it is a crime to knowingly present false information to a jury, but prosecutors never are disciplined for doing just that.

Anderson.

As Anderson notes, the feds dropped their case once it was obvious they had no evidence.  Xi pretty much lost everything – his reputation, his position, his peace of mind as an innocent American – all because of groundless charges brought without evidence.  Evidence is (or used to be) critical for a criminal case and conviction.  In my career I had similar criminal cases in federal and state courts fall apart due to a complete lack of evidence.  More on some of those in another column or two.

Many do not care about standards of evidence, due process or about the rights of people in general.  See: here, and here, and here.  That last “here” link is to a story I did about an innocent man shot by the police in Atlanta in his own home for no reason.  That narrative has played out yet again:

Fearing for their lives, California deputies opened fire on a man who was recording them with a cell phone from the garage of his home Friday, claiming they thought it was a gun.

Sacramento County sheriff’s deputies then searched the man’s home, finding no guns, before they apologized and went on their way.

Fortunately, Danny Sanchez survived the shooting, ending up with only bullet fragments in his legs, which he was having removed through surgery on Friday.

And although deputies apologized to Sanchez, they are pretty much unapologetic for their actions because, you know, officer safety.

 Carlos Miller, PINAC News.

Pitiful action by pitiful men.  Scared of a cellphone.  “Sorry we shot you.  Well, have a good day, sir!”  And the lemmings among you will still praise the deputies and chastise the victim.  “He should have obeyed the law!”  He did.  “You have to respect the police!”  No known disrespect even after they almost murdered him. Reality is doing a really poor job convincing the state-worshipers their’s is a false god.

For you, the sane, eye with distrust the machinations of government: its foreign policies; its immigration policies; all its policies; its schools; its courts; its police. All the laws and all the agents serve but the government and its owners. You and I are either obedient servants or criminal enemies of the state.

Note: This article was originally intended as two separate parts. As the subject matters – schools as prisons and more prosecutorial/police misconduct are related, I combined them, here.  This also promotes reading economy.  You’re welcome.

Far Beyond Control

13 Wednesday May 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 4 Comments

Tags

America, anarchy, army, Bush, churches, Clinton, Congress, Courts, crazy, crime, Democrats, election, executive, fear, fools, freedom, George Carlin, government, law, law. people, military, Obama, Patriot Act, police, politicians, Posse Comitatus Act, republic, Republicans, Ron Paul, sheep, Sixth Circuit Court of Appeals, special forces, standing army, students, taxes, terror, Texas, U.S., veterans, voting

“Your” government is officially far past the point where it could be possibly reigned in. Next year must hold in store an election.  I keep hearing and reading that the Republicans and Democrats are preparing their usual assortment of tired psychopaths from which the little people are to select their future “leadership.”  It could be that I have stepped through a worm hole to the past because I keep hearing names like Bush and Clinton.

As George Carlin used to say, “this is the best we can do.”  It will never get better. Incredibly, it gets worse every four years.  I gave up on voting and political participation a long time ago.  I stand by my statement that the last, best chance we had to save the Republic was to elect Ron Paul President in 2008.  We missed it.  Today, I lead a happy life of personal anarchy.  My only involvement with the government is paying taxes and evading the traffic cops.  It works well.  The sheep still don’t see it.

You may have seen or read about the increasing militarization of government forces – the blurring of lines between domestic police and the standing martial army.  I wrote about it previously.

pi052704a1

(USA! USA!  Google.)

Speaking of blurred lines, I, being a recovering attorney, am THE expert on the Posse Comitatus Act (PCA).  The PCA was put into place many, many years ago to halt the use of military forces from providing ordinary law enforcement within the territorial confines of the U.S.  It has not worked.

Law after law and action after action have provided a myriad of exemptions to the PCA. Drugs, terror, riots, training – you name it.  The PCA is moot.

So it is today that most highly trained, deadliest and most feared elements of our armed forces – the special forces – are on the streets training with local police agencies.  It’s like Barney Fife meeting the Seals in Mayberry.  Otis better watch out.

The purpose of elite military forces is to carry out daring missions ABROAD (not at home) in order to disrupt enemy activities with minimal effort or notice.  They are the last force one should want operating amidst the people at home.  This too is lost on the MTV-watching public.

The people are afraid of everything.  Should the government announce pillow cases are tools of terrorism, the people will dutifully burn pillow cases in the town square.  The fools will demand and cheer as the government bombs pillow factories in places like Libya and Iraq.  Imaginary specters are fought with ferocity and pomp.

Meanwhile, real threats go virtually unnoticed.  Recently, the same week that saw the U.S. military engage in various live terror trainings in the Southwest (against fictitious enemies) saw real terrorists attack a cartoon convention in Texas.  Thankfully, for us, the sane, Texas is not Paris.  In the Lone Star State, muslin extremist face summary execution from even lone police officers.  Don’t mess with Texas.  But, no-one else has drawn the corollary (or disconnect) here.  The vaunted military trains for an attack the police can’t handle at the same time the police handle an attack the military can’t.  So it goes.

The sheep graze on.  Fox News, radio talkers and modern “churches” have instilled in the ignorant people a sense of worship for all things military, all things government – so long as it’s the American military and government.  When two groups of drunks meet at the beach, and fight, the sympathy of the nation goes to that group of martial disposition.  No mind is given to reality.

The Sixth Circuit Court of Appeals has just tried to put the brakes on the monstrosity known as the USA Patriot Act.  The Act was intended to grant additional unchecked power to the central government.  Some in the Judiciary have noted this and its underlying illegality.  It does not matter, as Ron Paul notes.  The Bush/Clinton/Bush/Obama/Bush/Clinton/Etc. executive is above the law and will refuse to abide by any Court ruling which limits their authority.  The Courts, truly least of the three branches, are powerless to enforce their rulings.  The Congress, fat, bribed and stoned into complacency, will do nothing.  The sheep graze.

So, pontificate as you will about the coming election.  I may listen but I won’t respond. I’m not rude, it’s just that I don’t believe in fairy tales no matter how entertaining. Next November, you go out and waste your time and energy, saving us from the other side. Afterwards, you may find me at the local bar or cigar shop doing what I do.  Or, you could just join me in freedom land.  Your choice.

Constitutional Law

13 Wednesday Mar 2013

Posted by perrinlovett in Legal/Political Columns

≈ 3 Comments

Tags

16th Amendment, abortion, activists, America, anarchy, Anti-Federalists, Articles of Confederation, attorneys, Bill of Rights, case-law, Coca-Cola, commerce clause, Congress, Constitution, Constitutional Law, Courts, dissent, Dred Scott v. Sandford, drones, due process, equal protection, Federal Reserve, First Amendment, freedom, General Welfare Clause, Germany, government, Jacobson v. Mass., Japan, John Marshall, judges, law, law school, legal education, Liberty, liberty interests, Max Tucker, McCulloch v. Maryland, Michael Bloomberg, murder, National Security, Natural Law, Necessary and Proper Clause, New York, Ninth Amendment, ObamaCare, patriotism, philosophy, professors, Rand Paul, republic, rights, Roe v. Wade, science, scrutiny, Second Amendment, slavery, States, stict construction, students, Supreme Court, tariffs, taxation, taxes, Tenth Amendment, The People, United States, voting, War Between the States, Washington, wheat, Wickard v. Filburn, World War II

This article is an extension of my recent columns on The Constitution, https://perrinlovett.wordpress.com/2013/03/08/the-united-states-constitution/, and Legal “Education,” https://perrinlovett.wordpress.com/2013/03/12/legal-education/.  One would think that the matter of Constitutional law would have been covered in my article on the Constitution itself – unless one also read my treatise on law schooling.

Oddly, in my experience, the Constitution itself is not required reading for Constitutional law classes. Rather, some imported parts of the document are set forth in the text-book used by the professor. This strikes me as intellectually dishonest and unwise, akin to using a dangerous power tool without first reading the directions. Herein, I briefly cover the usual course material from such as class. The professors, many of whom have never been in a court, let alone argued for or against the Constitution, regurgitate the rulings of different courts regarding a limited number of subjects. While there is an occasional discussion of the reasoning behind the opinions, they are generally viewed as sacred, unswerving law. Rare instances where history has determined the rulings to be invalid (i.e. Dred Scott v. Sandford, 60 U.S. 393 (1857)– slavery is okay pre war between the States) are swept under the proverbial rug, written off as mistakes made due to the prevailing thoughts of the cases’ times.

tribe conlaw

(Prof. Laurence Tribe’s ConLaw Book.  Google Images.)

As I have written elsewhere, no reference to Natural Law is made and no critical thought is given to the “why” behind the laws. As Max Tucker wrote recently, any student who dares to pose dissenting views or arguments is detested noticeably by the other students and the faculty. Rarely, student are given the opportunity to delve into the deeper meanings of the cases they study. I was fortunate to be able to write a short essay on the effects of Scott, in which I decried its universal sadness and the role it played in the schism in our nation circa 1861. Part of my essay was read aloud to the class by our professor – another rarity, a former practicing attorney. My points were well accepted. Of course, I had the benefit of over a century of progress on my side. Other topics, which require hypothetical deconstruction, are roundly ignored.

As with all other areas of the law, Constitutional law has degenerated into a study of the constantly shifting case-law which arises under the Constitution.  By the way, I always capitalize the “C” in Constitution out of reverence for the document and its place in our Republic (I do the same for “Republic” too).  I have explained my philosophical troubles and doubts about the Constitution but, due to my sworn allegiance to it, I am honor-bound to defend its ideals.

Case-law study is important and has a valid place in the legal practice.  After all, most attorneys make a living pushing various issues in courts through individual cases.  Each provision of any law is subject to some interpretation as part of its application to the circumstances of the real world.  The trick of “strict construction” application of the Constitution is to adhere as closely as possible to the text and plain meaning of the old parchment.  I follow strict construction as my approach to most laws, in and under the Constitution.  The first fork of any analysis is to determine if the issue scrutinized is compatible with the underlying law.  If the two are compatible, then the analysis shifts to application of your set of facts to the law.  If there is an incongruity, then it is necessary to decide whether the law is improper or if the facts are insufficient for action.

Here’s a brief, over-generalized example, ripped from the recent headlines!:  Mary lives in New York City; she is an avid consumer of Coca-Cola beverages, particularly in large volumes.  Mary went to the corner store in Hell’s Kitchen and ordered a 40-ounce frozen Coke treat.  She was informed by the clerk that a drink of such heft was just outlawed by the wise and magnanimous mayor of NYC, Michael “Soda Jerk” Bloomberg.  Mary, offended and hurt, contacts an attorney in order to take action against the mayor and the city.  Her attorney files a lawsuit seeking an injunction or some other remedy to force the city to curb its policing of soft drink size.  Upon reviewing the case, a judge decides that NYC’s ordinance is too vague to be enforceable and strikes it down accordingly.  Mary happily continues on her guest for obesity.  This represents proper application and analysis of the law and the facts – in this case Mary’s freedom to drink liquid sugar in peace.

Had Mary had a more pressing cause – say a desire to legally and permanently rid herself of a troublesome in-law and she requested her attorney file a similar action to invalidate New York’s statute against murder, her attorney would have likely declined the case.  If he was a fool, and filed an action anyway, the attorney would lose as any court would side with the law irregardless of Mary’s malicious desires.  While it is proper to allow peaceful people to purchase and consume products of their desire, it would be improper and an affront to Natural Law, to allow someone to kill another person without good cause (i.e. self-defence). 

These examples are extremely simple, but they demonstrate my core points.  The problem in the law has arisen from the over deference to certain laws as applied to the real world.  Today, the Constitution is not interpreted as strictly dictated by its own terms or by my previous explanation of the powers it grants.  As I noted before, a few select clauses have been given immortal omnipresence to the extent the entire document has been rendered a nearly lost cause.  All of these clauses give extra, unintended authority to the government to regulate and control everything.  Through various cases over the years, the courts have essentially made up the law or, at least by their interpretation of the laws, have allowed over-reaching actions of the government to stand as legitimate.

Popular of late is the criticism of “activist judges” who take on the role of a legislator in their quests to rewrite the laws of Congress.  Some courts have gone so far as to divine new rights and powers mentioned nowhere in the Constitution.  Roe v. Wade, 410 U.S. 113 (1973) is a poster case for such activism.  In Roe, the Supreme Court opined that abortion of unborn children is a right of pregnant women.  This right stems, allegedly, from the women’s “liberty interest” in their own bodies.  While not found in the text of the Bill of Rights (or elsewhere), this right does exist and should be protected.  However, the right, like all rights, has limits.  The high Court did not adequately consider the rights of the unborn children to be secure in the integrity of their own bodies during its decision.  Instead, the Court issued an incomprehensible psuedo-scienticifc approach to determined when a life becomes a life.  Medical science has definitely answered any related questions in favor of the unborn.  However, as is, about 1 Million children are murdered every year thanks to the Roe decision.  This was a case of improper balancing of competing interests under the umbrella of the law.

I do not roundly condemn “activists.”  Sometimes it is advantageous for a jurist to heavily scrutinize the law if the law actually impinges on protected rights.  The New York soda decision is a good, if oddly worded, example.  Problems happen when judges do not universally review the impact of a law, standing or undone.  It is also impermissible in a Republic for a court to institute new law – the domain of the legislature only. 

I will herein briefly explain a few of those key clauses and ideas of the Constitution which have given the federal government unlimited power over your lives.  These are the basis for Constitutional study in law schools.  In summary it suffices to say that they can and do anything they please, without hinderance.

The General Welfare Clause

This clause purportedly allowed Congress to use its defined powers for the betterment of all people.  It has been held it “has never been regarded as the source of any substantive power conferred on the Government of the United States or on any of its Departments.”  Jacobson v. Massachusetts, 197 U.S. 11 (1905).  However, in conjunction with other provisions, the clause has been used to justify countless spending sprees directed towards the profit of a select few, often at the expense of the People.

The Commerce Clause

Congress has the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress.” Constitution, Art. I, Section 8, Clause 3.  Rather than regulating commerce between the listed entities, this clause has been egregiously abused to empower Congress to regulate anything which can conceivably occur wishing any of the stated territories.  The poster case of the clause is Wickard v. Filburn, 317 U.S. 111 (1942) in which the Supreme Court declared that wheat grown by a farmer may not necessarily be used privately by the farmer because such use (bread baking) might negatively affect interstate commerce, the ability of bread companies to sell the farmer bread.  While defying belief, this case and its ilk are recited as if dictated by Jesus by law professors coast to coast.  The Commerce Clause saw minor setbacks in the 1990s but it remains as the basis for most criminal and civil statutes enacted by Congress.  Arguing against commerce connections in court is as successful as herding alley cats.  I know this from personal experience.

The Necessary and Proper Clause

This clause, known also as the “elastic clause,” appears in Article I, Section 8, Clasue 18.  It provides that Congress can authorize the steps required to implement their other enumerated powers.  The Anti-Federlists argued against this provision, fearing it would allow the central government to assume endless power in the name of affecting those valid programs instituted under the named authorities.  Turns out they were right.  In conjunction with the Commerce Clause, the Necessary and Proper clause has been used to justify federal intrusion into everything.  It was necessary and proper to prohibit farmers from utilizing their own crops to preserve commerce, and so forth.

National Security

“Patriotism” is regarded as the last refuge of a scoundrel.  Frequently, it is the first.  There exists an idea that an allegation that a legal measure is warranted in order to preserve security or defeat some enemy regardless of any other factors.  Frequently, the government will assert this as a defense in a court case in order to avoid any discussion of the underlying subject matter (torture, internment of citizens, etc.).  This tactic usually stops the case dead in its tracks.  In a true emergency such a policy might serve a valid purpose.  However, as we now are told we live under perpetual threat of all sorts of impropriety, the argument is used as a universal repeal of our rights.  History indicates that “emergencies” never go away.  For instance, 68 years after winning World War II, we still station troops in Japan and Germany.  We also have a portion of our incomes withheld prematurely for taxation purposes – this was supposed to be a temporary war-time measure of WWII.  History also shows that a government will do anything to maximize its power under a security “threat,” including the manufacture of threats from nothing.

Taxation

“That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create….”  Chief Justice John Marshall, McCulloch v. Maryland, 17 U.S. 316 (1819).  Governments have proven themselves able to destroy just about anything, they create next to nothing.  Originally, our government was funded by tariffs and import fees and simple requests to the States for assistance.  The advent of the 16th Amendment gave Washington awesome power to take as much money as the need from the people’s labors.  The illegal Federal Reserve scheme allows them to create additional monies at will.  The courts have constantly upheld the power of taxation even when Congress didn’t know they were implementing a tax.  See: The Obamacare decision, Slip Opinion 11-393, June 28, 2012.  Taxation gets its own law school class – where it is worshipped like a god.  Dissenters are frowned upon as heretics (I know…).

A Few Rights

Over the years, several levels of scrutiny have been assigned to several pet rights.  I am suspicious of each of these levels and will not bore you with their application.  For the most part they apply rights based on classification of persons and against the backdrop of government “interests.”  It is interesting that usually deference is given to a particular law; the law is presumed Constitutional absence some showing that it is an abuse impermissible under one of the abstractly devised levels of scrutiny.  I would prefer deference to the Liberty of the People, with the government left to prove conclusively their law does not infringe that right or that any infringement is necessary in order to secure greater liberties for all.

Most Constitutional law teaching about “rights” center on the First Amendment.  There is usually a class devoted singularly to the subject.  The First is worthy of great attention.  However, too often the cases studied thereunder tend to regard outrageous acts.  Rather than securing rights to fundamental speech for example, such as protesting abortion, educating potential jurors, and protecting free speech during an election, the courts have wasted much time protecting things like naked dancing and wearing offensive sloganed t-shirts. 

Voting rights, due process, and equal protection in general have also received great review.  However, given the steady deterioration of fundamental due process and equal protection, it is obvious there is a systemic bias towards the government over the free people.  For example, Rand Paul’s protests aside, next to nothing has been done in response to the President’s plan to murder Americans in America using drones and no legal process.  The scheme is likely to survive (hopefully unused) due to deference to vague assertions of “national security.”

The rest of the Constitution is left in the dark void of undecided law.  It is either taken for granted that such matters will be resolved in due course by the courts or simply that the provisions have no effect.  In law school I was bluntly told that the Second, Ninth and Tenth Amendments didn’t exist.  I found this hard to believe.  Now, with several positive court cases to lean on, the Second has been given some legitimacy though many “scholars” still remain grounded in the ancient, misdirected past.  On Tuesday, March 19, 2013 I will attend a symposium on the Second Amendment, replete with reference to these lost interpretations.  I have several questions sure to generate discussion and maybe laughter among the gathering.  Join me if you will.

If you teach Constitutional law, incorporate the actual text into your class. It could be a prerequisite, covered at the beginning of the semester and then referred to during the subsequent discussion of cases.  Attorneys need to familiarize themselves with the text of the Constitution, everyone else should too.

Together, each of us acting as we may, we may be able to slowly restore a rational teaching and application of the Constitution.  Perhaps someday we will return to the looser confines of the Articles of Confederation, allowing the member States of the Union (closer to their respective citizens) to affect policies towards the People.  With an eye towards ultimate freedom, I can envision an even less restrictive society.  I am reminded that “anarchy is better than no government at all.”  I’m not sure society is ready for that level of responsibility yet.  Someday…

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Perrin Lovett

From Green Altar Books, an imprint of Shotwell Publishing

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