The virtue of the emerging constitutional jurisprudence

"The virtue of the emerging constitutional jurisprudence of the right is that it is addressing just those issues. It is returning to the 'first principles' of the matter to show, at bottom, the respective domains of law and politics. Judges who actively recognize and enforce those principles are not engaged in judicial activism. They are doing what they are sworn to do by their oath of office."
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Public School Dinosaurs
Blowing Over?
Roberts' Rules of Order
http://www.cato.org/dispatch/08-03-05d.html#2

"President Bush invigorated proponents of teaching alternatives to evolution in public schools with remarks saying that schoolchildren should be taught about 'intelligent design,' a view of creation that challenges established scientific thinking and promotes the idea that an unseen force is behind the development of humanity," the Washington Post reports.
http://www.washingtonpost.com/wp-dyn/content/article/2005/08/02/AR2005080201686_pf.html

"Although he said that curriculum decisions should be made by school districts rather than the federal government, Bush told Texas newspaper reporters in a group interview at the White House on Monday that he believes that intelligent design should be taught alongside evolution as competing theories."

In "Unnatural Selection," David Boaz, executive vice president of the Cato Institute, writes: "In 1925, the Tennessee legislature passed a law forbidding teaching in public school 'any theory that denies the story of divine creation of man as taught in the Bible.' A young teacher, John T. Scopes, taught the theory of evolution in a high school biology class and was arrested for violating the new state law. [This] illustrates the problem with a one-size-fits-all monopoly school system. Lots of Tennesseans wanted their children taught the Biblical story of creation. But there were others, probably a minority, who wanted their children to learn the scientific consensus in biology class. Because the school system was a state monopoly, they couldn't both get what they wanted.

"In [this] case and others across the country, school officials and parents disagree about what's best. Who decides? Under our current system, the school board or the legislature makes a decision for the whole district or state. Under a system of school choice, parents could choose the school that best fit their child's needs -- with or without school uniforms, with or without school prayer, teaching evolution or creation, and so on. We'd have no more trials of teachers, and fewer dissatisfied parents."
Blowing Over?

"'Although we have already seen a record-setting seven tropical storms during June and July, much of the season's activity is still to come,' Gerry Bell, a National Oceanic and Atmospheric Administration (NOAA) meteorologist, told reporters," CNN.com reports.

"A study published this week in the science journal Nature said hurricanes have become more destructive during the last 30 years and their growing intensity could be caused by global warming. The report by Kerry Emanuel of the Massachusetts Institute of Technology (MIT) said the duration and wind speed of hurricanes increased by 50 percent."

In "Sowing the Hurricane Whirlwind," Patrick Michaels, Cato senior fellow in environmental studies, writes: "News loves hurricanes. They usually form far, far away, providing at least a week of stories. And they often start with a bang. It's incredible stuff. But they usually weaken considerably by the time they get to the states, owing to our more northerly latitude and the fact that hurricanes don't do well when much of their circulation is over land, which has to happen when they approach North America.

"That doesn't stop the hype machine. While we like to count up property damage and losses, no one mentions the fantastic revenue that these storms generate for the media, or that the constant drumbeat of Charley-Frances-Ivan, Charley-Frances-Ivan must have political repercussions."
Roberts' Rules of Order

"John G. Roberts Jr. said in a questionnaire released yesterday that he was first interviewed as a potential Supreme Court nominee in April and was questioned by Vice President Cheney in May, showing that the White House had been focusing on him months before a seat came open," the Washington Post reports.

"Roberts echoed the views of President Bush in describing his judicial philosophy. Roberts said that he views the role of judges as 'limited' and that they 'do not have a commission to solve society's problems, as they see them, but simply to decide cases before them according to the rule of law.'"

In "Needed: Active Judges -- Not To Be Confused With Judicial Activists," Roger Pilon, vice president for legal affairs at the Cato Institute, writes: "That is the view that the Rehnquist Court [began] to revive. And that is what drives modern liberals to the wall, because in the end it challenges the New Deal's politicization of the Constitution, which they thought was now 'settled law,' however inconsistent with the Constitution itself.

"The virtue of the emerging constitutional jurisprudence of the right is that it is addressing just those issues. It is returning to the 'first principles' of the matter to show, at bottom, the respective domains of law and politics. Judges who actively recognize and enforce those principles are not engaged in judicial activism. They are doing what they are sworn to do by their oath of office."

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