Monday, May 26, 2014

Hamburger's new book on the Administrative State

Philip Hamburger has a new book out on the history of the administrative state. From an "originalist" perspective the administrative state is arguably unconstitutional, perhaps unquestionably so. But good luck in getting rid of it. I mean that only half facetiously; as a libertarian I really would like to see administrative agencies disappear. But I don't see it happening anytime soon.

Hamburger is famous for arguing against the concept of "Separation of Church and State." One common mantra of the anti-Separation crowd is that those words are not found in the Constitution. The counter is but the concept is. Likewise with "Separation of Powers." Those words are not found in the Constitution; but the concept is.

And administrative law violates the "Separation of Powers." The legislative, executive and judicial branches of government each has specific functions that the others may not perform. The problem with administrative law is that these "agencies" all perform quasi-legislative, executive and judicial acts as though they were some fourth branch of government (not mentioned in the US Constitution!).

Anyway you can hear Hamburger talk on the matter below.

Monday, May 19, 2014

New Paper From Mark David Hall

I received a message from Dr. Hall:
... I just published an article that readers of AC might find to be of interest. Here is the citation and the abstract. 
Mark David Hall, “Madison’s Memorial and Remonstrance, Jefferson’s Statute for Religious Liberty, and the Creation of the First Amendment,” American Political Thought. 3 (Spring 2014): 32-63. 
Jurists, scholars, and popular writers routinely assert that the men who framed and ratified the First Amendment were influenced by James Madison’s Memorial and Remonstrance (1785) and Thomas Jefferson’s Statute for Religious Liberty (1786). In this essay I demonstrate that there is little evidence to support these claims. Because these documents represent only one approach to church-state relations in the era, jurists and others who believe that the religion clauses should be interpreted in light of the founders’ views need to look well beyond these texts if they want to understand the First Amendment’s “generating history.”

Saturday, May 17, 2014

McDurmon on John Adams' Blasphemy

Check it out here. A taste:
Folks, this is utter blasphemy. In regard to Adams’ thought, it exposes him as an enlightenment rationalist and humanist. He is not only hostile to the incarnation of Jesus Christ, he wants it eradicated from society. He believes there can be no true progress of knowledge in the world unless it is Christ-free.

Sunday, May 11, 2014

Olson on Greece v. Galloway

I haven't had a chance to read the original decision. Though, Walter Olson's opinion on the matter at Secular Right seems quite "fair and balanced" for lack of a better term.

Sunday, May 04, 2014

Tara Ross: "This Week in History: Monroe’s birthday, Washington inaugurated, Rhode Island declares independence"

This is a writer to whom we ought pay more attention.


From the lack of posts, you can tell I've been busy. American Creation participants might want to discuss the articles in this link from John Fea from last Sunday. Lots of great stuff to read there.