Constitution – Blue Cereal Education

Federalist #78 and the Importance of Judicial Precedent

Blue Cereal — Fri, 22 Jul 2022 12:31:48 +0000

We might debate whether or not Hamilton was correct to consider the judicial branch the “weakest” of the three, but the more important point here is that lifetime appointments of justices was intended to provide consistency in the nation’s highest court. Notice also his assumption that one of the primary purposes of the Court is to protect the “general liberty of the people” and act as the “citadel of the public justice and the public security.” While Hamilton was speaking primarily of national government (it would almost a century before constitutional protections were automatically assumed to apply at the state and local level as well via the Fourteenth Amendment), this understanding of the judicial branch is antithetical to the idea that defending the Constitution requires stripping away established protections in order to better facilitate state-level abuse of personal liberties.

Is That A Right?

Blue Cereal — Thu, 16 Jul 2020 20:17:38 +0000

Don’t get excited – I’m not diving into current events or anything. (I’m far too demure for such things.) In fact, I’m intentionally avoiding the subject at the moment because any effort I make to write rationally about what we’ve become ends up as a spittle-spewing, obscenity-laden rant and, worse, totally off-brand. Those of you … Continue reading

“Have To” History: A Wall of Separation

Blue Cereal — Wed, 18 Dec 2019 16:06:49 +0000

The First Amendment contains six specific protections, somewhat related, and presumably so very important that they all tied for first when the Framers were debating what to guarantee the mostiest mostest. These are the biggies that squeezed in ahead of militias and quartering of soldiers, and even beat out due process in order of presentation. The right to protest. The right to associate with whomever you wish, including but certainly not limited to political organizations of any and all stripes. Freedom of the press and of speech – absolute linchpins to any nation hoping to maintain the slightest credibility as a true democracy.

But coming ahead of all of them – earning the first two slots in all of Amendment-dom – are the twin ‘freedom of religion’ clauses.