Experience and Reason

The following is Madison’s summary of a truly excellent speech by John Dickenson, a delegate from Delaware to the Constitutional Convention:

Experience must be our only guide. Reason may mislead us. It was not Reason that discovered the singular & admirable mechanism of the English Constitution. It was not Reason that discovered or ever could have discovered the odd & in the eye of those who are governed by reason, the absurd mode of trial by Jury. Accidents probably produced these discoveries, and experience has given a sanction to them. This is then our guide. And has not experience verified the utility of restraining money bills to the immediate representatives of the people. Whence the effect may have proceeded he could not say; whether from the respect with which this privilege inspired the other branches of Govt. to the H. of Commons, or from the turn of thinking it gave to the people at large with regard to their rights, but the effect was visible & could not be doubted-Shall we oppose to this long experience, the short experience of 11 Years which we had ourselves, on this subject. As to disputes, they could not be avoided any way. If both Houses should originate, each would have a different bill to which it would be attached, and for which it would contend. -He observed that all the prejudices of the people would be offended by refusing this exclusive privilege to the H. of Repress. and these prejudices shd. never be disregarded by us when no essential purpose was to be served. When this plan goes forth it will be attacked by the popular leaders. Aristocracy will be the watchword; the Shibboleth among its adversaries. Eight States have inserted in their Constitutions the exclusive right of originating money bills in favor of the popular branch of the Legislature. Most of them however allowed the other branch to amend. This he thought would be proper for us to do.

This is so excellent that I simply had to share it.  You can read Madison’s journal of the debates online in a number of places; this particular speech can be found at Yale’s Avalon Project – Madison Debates – August 13.

Last Day of Biglaw

Today was my last day as an associate at BakerHostetler. I have really enjoyed getting to know the wonderful people there over the last year and change.

Tomorrow, I will be starting in my new position as a staff attorney at the Texas First Court of Appeals, here in Houston. I am looking forward to the new and different challenges and opportunities there.

A Lesson in Constitutional Interpretation

In light of the current debate on Capitol Hill, the quotation of the day comes from the Supreme Court’s majority opinion in D.C. v. Heller:

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.

h/t Aaron Spuler at Weapon Blog for reminding me of this passage.

Election 2012: Please Vote

I have been quiet about this year’s election, but not for lack of caring.  The last few months have been extremely busy for me; to my shame, my busy schedule has meant that I have been silent about what is likely the most important presidential election in more than 30 years, not to mention extremely important battles for control of Congress, many governorships, and thousands of other state and local elections.

The first and most important thing that I want to say is this: go vote.  Voting for our executive, legislative, and — at the local level, anyway — many judicial and administrative offices is a huge part of what makes this country special.  It made America unique at the time of her founding, and it still makes us unique today for the orderly, peaceful, and overwhelmingly honest and fair way in which we manage transitions of power.  So, vote.  Please.  If you don’t, you can’t complain when whomever we elect does things you don’t like.  Yes, you may still have the constitutional right to complain about it, but the choice not to vote is a choice to waive any moral right to whine about the outcome.  At the very least, it waives any chance of the rest of us taking you seriously.  If you care about how this country — or your state, or your city — is run, go vote.

As for my take on the election, well, I don’t expect to persuade anyone here and now, but I have to share my thoughts anyway, just in case.

I am a conservative first and foremost, in the tradition of Edmund Burke.  My heroes are people like Ronald Reagan and Russell Kirk.  In this post, if I can accomplish nothing else (beyond reminding you again to go vote), I hope to outline briefly why conservatism is the only safe choice for this election.  I am not going to delve into social issues such as abortion, not because they are not important, but because, realistically, how we vote in this election has little to no impact on these issues.

Our nation is at great risk, due to years of inattention to the federal budget, a military with aging equipment and little new materiel coming online, and a foreign policy that is naive at best and timid, even spineless, at worst.  Government increasingly intrudes upon the lives of average citizens, making it harder and harder to afford a good education; harder for our teachers, schools, and universities to pursue knowledge and learning rather than focusing first and foremost on the bottom line; harder to get and keep a good job; harder to start and run a business; and harder even to exercise everyday rights such as freedom of speech, freedom of religion, and freedom of conscience.  Every new statute, rule, regulation, executive order, permit requirement, or other government action serves only to make government’s powers larger at the expense of the rights of the people.  More startling still, those powers are increasingly concentrated in a national — not federal — government, of which, as Reagan warned, the states are becoming mere administrative districts.  Our democratic federalism is dying, and it is being replaced by a monolithic, paternalistic government of bureaus, administrations, agencies, and czars.

The result is this: our official national debt is 16 trillion dollars — that’s $16,000,000,000,000 — and counting, or more than $51,000 per citizen.  But the real story is far, far worse.  By the standards that public companies must use (known as GAAP), the government has unfunded liabilities in excess of $120 trillion, or more than $1,058,000 per taxpayer.  And it only gets worse; every time the government passes a “stimulus” package which fails to stimulate, engages in quantitative easing, or even repairs a pothole, that number — and your share of it — gets bigger.  This is scary enough when we are only talking about legitimate functions of government, such as defense and administration of a justice system.  But that’s not all we’re talking about; we are also buying countless handouts to private parties, pork-barrel projects, and a reality in which more people than ever are on food stamps, even as it gets harder for employers to offer good jobs due to the crushing regulatory and tax burdens they face.

To fund all of this, we are borrowing trillions of dollars from China, Japan, Brazil, Russia, Taiwan, Switzerland, and so on.  Even worse: the single biggest creditor of the United States government is our own Social Security system, which, when combined with other federal pension systems, holds 5 trillion dollars in federal debt.  Who will be left holding the bag for that?  Our children and even my own generation, because the debt train will run out of track long before we reach retirement.  We need to spend less.  We need fiscal responsibility, but our elected officials don’t seem to have any.

Meanwhile, our military is weak.  Our navy and coast guard have aging ships, and fewer of them than anytime in the last decades.  The air force is flying old and increasingly obsolete planes, leaving us entirely dependent on drones to project air power; it’s not the same, and it’s not enough.  The army drives vehicles that are ill-equipped for a world of IEDs and fighting wars in which the enemy does not always do us the courtesy of wearing uniforms.  Our ever-faithful marines are underfunded, with all of the problems of the other forces.  Our elected officials seem to think the military is an obsolete relic of a dangerous world that no longer exists, which we can always “turn on” again if the world becomes dangerous.  Yet that same military is engaged in multiple undeclared wars and countless “peacekeeping” missions, even as our nation’s diplomatic representatives come under attack and die due to a lack of security.  We need to maintain a strong defense, but we are at risk of losing it.

We need a foreign policy that other nations respect, even if they do not find it pleasant.  There is a reason that President Obama has been endorsed for reelection by the likes of Putin, Chavez, and Castro, and it is not that they think he is strong.  We need a president who recalls that he is President of the United States of America, not of the world, and who bows to no one.

Our country was founded on a simple idea: the people, not their rulers, are supreme.  They have endowed the government with certain powers; the government has not bestowed upon the People the rights that they received from their Creator.  The Founding Fathers gave us an intricate system, balancing the need for unity with the demands of individualism, local needs with national interests, and the need for a strong government with the even more important need that it never be too powerful.  It’s time to reclaim their great idea, and restore a government of the people, by the people, and for the people, not of technocrats and career politicians, by the same, for the same.

It’s time for some real hope and change — hope for a stronger future, in which America is prosperous, strong, and free, and in which Americans do not fear their own government’s excesses.  It’s time for a real conservative.  Not a neoconservative who runs up our debt and needlessly engages in protracted wars, not a statist who sees government as the solution, but a Reaganite conservative who sees government for what it is: the problem, not the solution.

As in 2008, I am again endorsing Mitt Romney and other Republican candidates for office.  Governor Romney is a proven leader and strong conservative, as is his running mate, Paul Ryan.  They are merely men, with no pretensions to be more than men, but they are good men and proven leaders.  I honestly believe that this presidential ticket is the most genuinely conservative ticket this country has seen since Reagan proclaimed that “it’s morning in America.”  They are the right choice for America in this election cycle.  When you vote, please vote for these proven leaders and all of the others who want to get this country back on track by restoring the proper balance between the People and their government.

If you are so inclined, please consider donating to help Governor Romney and Representative Ryan bring real hope back to America.

The First Thing We Do…

The first thing we do, let’s kill all the lawyers.
~ Dick, in Shakespeare, Henry VI, Part 2, Act IV, Scene 2

I am always amused when I get campaign literature from various folks attempting to smear some candidate or another as “a trial lawyer.” Being a trial lawyer myself, I tend to have a flickering sense that I should be somewhat offended. But then I remember that this kind of campaign literature gives good insight into the candidates promoting it, who, hypocritically, are very often trial lawyers turned into politicians. I then get a good chuckle out of the whole thing as the literature in question enters the trash compactor (or paper shredder, depending on how strong that first reaction was).

Last Day

As many of you already know, today was my last day as an associate at Baker Botts. I had many great opportunities there over the last three and one-half years and will miss my many wonderful friends, colleagues, and mentors.

On June 18, I will be joining the litigation section of Baker Hostetler, here in Houston. I am looking forward to the new challenges and new opportunities there.

Musings on History

Never assume that a logical connection exists between some instance of what is and some ideal of what could be. Some things cannot be redeemed, but are best destroyed or simply left alone. Indeed, many of history’s saddest chapters began with efforts to turn a present but dying evil into a lively engine for good.

Article on Cultural Property

HistoryNet has an article on the topic of cultural property and who owns it. The article, The War Over Plunder: Who Owns Art Stolen in War?, addresses some of the same topics I addressed in my comment for the Chicago Journal of International Law at the Law School of the University of Chicago, Keeping the Barbarians Outside the Gate: Toward a Comprehensive Agreement Protecting Cultural Property Internationally, 9 Chi. J. Int’l L. 627 (2009), so I thought I would mention it here.

From The Shack to the Courthouse

Since I’ve mentioned the popular novel The Shack in a number of posts, it seems worthwhile to mention the latest real-life twist in the novel’s story. According to the LA Times, The Shack‘s author, William Paul Young, has sued pastors Wayne Jacobsen and Brad Cummings; the start-up the three created to publish the book initially, Windblown Media; and the book’s current publisher, Hachette. Young alleges that he is owed $8 million in royalties through December 2008, as well as other relief. Windblown has counterclaimed for $5 million. Meanwhile, Jacobsen and Cummings have filed an amended copyright filing with the Library of Congress.

I will refrain from commenting on the legal issues (or the legal posture of these cases, which is more than a little muddled in the article), but am posting this merely for general interest.

h/t: Tim Challies

Calmness, Continued

I have not been posting much on here, lately, ironically because I am not super-busy, despite having a lot of opportunities for professional development and a lot of fun experiences. Life has remained at a good, non-frantic pace since the last entry, and we have been relishing the free time. That said, I plan to start updating this more often, again. The blog is a very useful thing when I’m actually using it, which is far too rarely.

Question for my readers, assuming I still have any: I want to brush up on my foreign language skills and, ideally, acquire additional languages down the road. I’m looking at the Pimsleur Comprehensive materials, and have liked what I’ve heard so far. Has anyone used these? I know what all the reviews say, but would like opinions of friends before purchasing anything.