Liberty Weekly Podcast

Bastard Jurisprudence: The English Common Law Perverted

Bastard Jurisprudence: The English Common Law Perverted

There are a few rights of passage in law school. Many of them occur in constitutional law.

For instance, constitutional law is where most students will learn for the first time that judicial review, the power to declare laws unconstitutional, was not a power granted to the Supreme Court by the Constitution. It is a power that the Supreme Court declared for itself in Marbury v. Madison, a decision interpreting an act of Congress.

Most law students are also shocked to learn that the Bill of Rights did not originally apply to the states. The Supreme Court merely interpreted the Fourteenth Amendment to mean that select provisions of the Bill of Rights (eventually most of them) applied to the states. The Fourteenth Amendment was drafted and ratified by Congress.

Also among these rights of passage are the abominable cases that your constitutional law professor lectured about in hushed disapproval. These are the cases that are an embarrassment to the bar. My colleague Dean amusingly calls these cases “anti-canon.”

As a very young radical in law school, I struggled—and continue to struggle—to make sense of what the principled view of constitutional law should be, especially given these abominable cases.

Of course, the correct answer is that the State is unfit to exist. This is because every State is necessarily predicated upon an illegitimate monopoly over legalized violence. However, this ethical principle does not always illuminate the correct intellectual path a young libertarian attorney should take. Like it or not, the State exists.

For a libertarian anarchist, it is a difficult, perhaps impossible, juxtaposition to concurrently maintain these three principles: 1) the Federal Government has no right to dictate a states’s own policy; 2) legislatures create illegitimate law by fiat—positive law; and 3) a judge’s duty is to say what the law is, and not what it should be, the latter being a dire violation of separation of powers—this is the sacred federalist axiom.

No better is this conflict exemplified than the contrast between two cases which are universally abhorred by “respectable jurists” throughout the United States.

In 1905’s Lochner v. New York, the Supreme Court struck down a New York state law which limited the number of hours bakers were allowed to work in a week. The Court found, inter alia, that the law violated the Equal Protection Clause of the 14th Amendment.

“Respectable jurists” across the country detest the Lochner Court’s decision because of its conservative activism in creating a “right to contract” that was not enumerated in the Constitution.

There is a problem with the federal government striking down a state’s legislature. The founding ethos of the American system rests upon the theory of popular sovereignty—the idea that a nation’s ultimate source of political power rests with its people. In the American system, the will of the people is (theoretically) expressed through their representatives in the legislature. As fellow anarchist libertarians, many of you likely scoff at this notion. I understand, but it is nothing to shake a stick at. The entirety of the western liberal tradition has culminated with this theory, from the ancient Anglo-Saxons to the Declaration of Independence

On the other hand, as a libertarian anarchist in *the current year,* it is more than apparent that a legislature may trample a man’s rights as utterly as any despot. The ruling in Lochner is satisfying in that the Supreme Court actually intervened on behalf of individual liberty.

That aside, a progressive Supreme Court may endorse a state policy which is completely antithetical to human liberty. The banner case for this is Buck v. Bell, perhaps the Supreme Court’s greatest abomination.

In 1927, the Supreme Court upheld a 1924 Virginia state statute providing for the sterilization of “mental defectives” who would, “become a menace” to society if discharged. Under this ruling, approximately 60,000 American citizens would be forcefully sterilized through the 1970s, when the policy was largely discontinued. The Buck ruling is arguably still binding precedent and could theoretically be used to justify forced vaccination.

I had actually set out to write this article as a deep dive on Buck v. Bell. I intended to lambaste the progressive ideology behind the eugenics movement and the Progressive Era of the Supreme Court. This is forthcoming.

Instead, this article took on a life of its own when I began to research Justice Oliver Wendell Holmes, Jr., the author of the Buck v. Bell opinion.

Holmes was a eugenicist. However, an honest examination of his judicial philosophy will not allow me to chalk the Buck decision up solely to a progressive-activist Supreme Court. The man was a complex beast.

No, the common thread running through all abominable Supreme Court decisions is not judicial activism, nor even the progressive agenda (although a common culprit). It is positive law.

Black’s Law Dictionary defines “positive law:”

Social perspective of a legal rule’s validity being authorized by law and socially accepted versus being based on natural or moral law. View of man-made law as posited by man for man, rather than being fair.

In Lochner, it was the New York legislature that created an affront to liberty by conjuring up policy by diktat. In Buck, the controversy began when the Virginia legislature passed a law allowing for the involuntary sterilization of the “unfit.”

Of course, if I could wave a wand and disappear the convention of imposed positive law, I would. Perhaps as an end-goal, but not a practical reality.

Instead, this practitioner must view the state of the law with cynical bemusement. Jurists and counselors grapple with mutant precedent borne by legislative fiat. The law is no longer tended, nurtured, and kept, as it was in the canon of English common law. It is synthesized, manufactured, and packaged.

The mire of this bastard jurisprudence beckons. As a practitioner, one must wade in the muck, but always with an eye for what once was and what could become again.

Is Secession *Really* the Libertarian Answer? Ep. 148

Is Secession *Really* the Libertarian Answer? Ep. 148

Some libertarian anarchists view even the act of secession as a political act which creates a new, albeit smaller, state. We examine the libertarian principles at play behind secession and examine the libertarian arguments against secession.

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Abominable SCOTUS Decisions Ep. 147 ft. Dean-O-Files

Abominable SCOTUS Decisions Ep. 147 ft. Dean-O-Files

Dean is a second year law student at Zoom University, School of Law. He has just finished his Constitutional Law class. He shares his experience in law school. We discuss the SCOTUS cases that your Constitutional Law professor is ashamed to teach. We also discuss the libertarian approach to the major areas on law. This is not one to miss.

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Show Notes:

The Liberty Weekly Podcast: The State of Modern Discourse Ep. 25 ft. Dean-O-Files

The Lex Mercatoria

Secured Transactions

The Blue Book

The Statute of Frauds

14th Amendment Jurisprudence

The Liberty Weekly Episodes on Lysander Spooner

William J. Watkins Jr. “Popular Sovereignty, Judicial Supremacy, and the American Revolution: Why the Judiciary Cannot be the Final Arbiter of Constitutions”

Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)

Lochner v. New York, 198 U.S. 45 (1905)

Roe v. Wade, 410 U.S. 113 (1973)

The Daubert Standard

Taxpayer Standing

Liberty Weekly: Interview with Mance Rayder

Liberty Weekly: The Truth About Warren v. DC Ep. 46

 The McDonald’s Hot Coffee Case: Not What You Think

Legal Eagle on YouTube Interview with Brent Wisner re Glyphosate

Andrew Kern: The Principled Libertarian

Qualified Immunity

Buck v. Bell, 274 U.S. 200 (1927)

2021 and the Black Future Ep. 146

2021 and the Black Future Ep. 146

Jose Galison invited me on his show, No Way Jose! for a recap of this incredibly crazy year. We covered a host of topics and realized that we didn’t get to half the stuff we wanted to talk about. I guarantee you we covered a bunch of stuff that you haven’t heard on other 2020 recaps!

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Show Notes:

Liberty Weekly: Lysander Spooner on Juries

Mark Passio: Demystifying the Occult Pt 2: Satanism & The Dark Occult

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Scott Horton on Iran-Contra, Mujahideen, and “Dark Alliance” Ep. 144

Scott Horton on Iran-Contra, Mujahideen, and “Dark Alliance” Ep. 144

https://youtu.be/q5rgHrbWa7U

I invited Scott Horton on to the show to talk about two chapters of history where even the established history is too crazy to believe: the Iran-Contra Affair and the CIA’s support for the Mujahideen in 1980s Afghanistan. We also discuss the Iraq Wars, the Iraq-Iran War, Gary Webb, some CIA drug running, and touch on the John Birch Society.

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Show Notes:

Scott Discusses Saddam’s Invasion of Kuwait with Andrew Bacevich

Wikileaks–April Glaspie Cable “We took no position on these Arab affairs.”

Margaret Tutwiler and John Kelly Regarding no defense treaties with Kuwait

Stephen Waltz on the Glaspie Cables

Dick Cheney: US Occupation of Iraq is a Bad Idea

A Clean Break: A New Strategy for Securing the Realm

COVER UP: Behind the Iran Contra Affair (Full Documentary)

Teenager Escapes Communist Romania, Warns the US is NEXT ft. Carmen Alexe Ep. 143

Teenager Escapes Communist Romania, Warns the US is NEXT ft. Carmen Alexe Ep. 143

One morning in the early 1980s an 18 year old Carmen Alexe packed her bags for a swim meet in neighboring Yugoslavia. She said goodbye to her parents and her sister. She was the only one who knew she could be saying goodbye for the last time. After the swim meet, Carmen fled to Italy and applied for political asylum. She eventually immigrated to the United States and started her own business. In 2008, she discovered Ron Paul. This is her story.

Episode 143 of the Liberty Weekly Podcast is Brought to you by:

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Show Notes:

Carmen Alexe: From Loose Money to Fettered People (Mises.org)

Carmen Alexe: I Grew Up in a Communist System. Here’s What Americans Don’t Understand About Freedom (Foundation for Economic Education)

Mises.org Profile: Carmen Alexe

FEE Profile: Carmen Alexe

Iraq and Afghanistan Veteran Discusses the Psychology of War Ep. 142

Iraq and Afghanistan Veteran Discusses the Psychology of War Ep. 142

I had the honor of speaking with Scott Spaulding about his experience during his two tours each in Iraq and Afghanistan. Scott gives us insight into what combat veterans feel and experience in war. He also discusses the experiences he had during his deployments that made him antiwar.

Scott is starting an incredible new project called “Why I am Antiwar” where he speaks to other veterans and antiwar activists about the experiences that made them antiwar.

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Show Notes:

The Rollo and Slappy Show: Episode 190 – From Marine to Antiwar Advocate: The Story of MDVet4Peace

Conflicts of Interest w/ Kyle Anzalone: Iraq and Afghanistan Vet Says the Wars Need to End

DefendtheGuard.us

https://bringourtroopshome.us/

Perpich v. DOD, 496 U.S. 334 (1990)

The Old Breed and the Costs of War: Eugene Sledge Speaks at Mises

Photo Credit: https://kjbattles.blogspot.com/2011/01/civil-affairs-winning-war-one-heart-at.html

The Politics of Control Ep. 141

The Politics of Control Ep. 141

Let’s face it, mask orders are only paving the way for forced or coerced vaccination. In this episode, Keith and I take a look at some of the ways totalitarian regimes have controlled their subjects in the past. We do this with an eye to the dark future.

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Show Notes:

Amy Klobuchar Cites Bunk COVID19 Numbers at ACB Confirmation Hearings

Alex Joes, Jay Dyer, and Others in Atlanta

Klaus Schwab: The Great Reset

Interview 1602 – James Corbett on Medical Martial Law, Solutions and Agorism

Interview 1600 – James Corbett Explains The Great Reset on The Highwire

CBS News: Plans for Iraq Attack Began on 9/11 by Joel Roberts

TRANSCRIPT: Donald Rumsfeld Testifies before 9/11 Commission re: September 4, 2001 Plan to Overthrow Taliban

Khalid Sheik Mohammed Red Cross Waterboard Report

Fauci on 60 Minutes: You Don’t Need a Mask!

Incubator Babies Lie

Truth in Advertising: Sinclair Broadcast Group Compilation

Liberty Weekly: Dissecting Anatomy of the State with Keith Knight

German Doctor Raided by Police During Livestream

Pregnant Australian Woman Arrested for Anti-Lockdown Social Media Post

Jill Lauerman: The Gestapo

Stasi Tactics: Zersetzung

News Roundup

News Roundup 1/21/21

US News Trump pardoned or granted clemency to several non-violent drug offenders before leaving office. [Link] Twitter banned the account of the Chinese Embassy in the US. [Link] Biden officially invited Taiwan’s ambassador to the US to his inauguration. A Taiwanese...

Blog

Cop Kills Cop

And gets away with it of course because not even government employees have any rights that another government employee is bound to respect. And you wonder why BLM and the Boogaloo boys raise their fists together half the time: the government is evil.

Name Dropped

Some wonderful ridiculous woman made this hilarious song about us all partying at Tom Woods' house: https://www.youtube.com/watch?v=FNk-XJvgtC4

Libya, North Africa Emerge As Cocaine Transit Hubs

You can't stop markets - where their is a buyer their will be a seller. The interventionists (mainly Samantha Power) in the Obama administration (the same ones that now populate the Biden Administration) used the cover of "Responsibility to Protect" to remove the...

The Memory Hole

Censorship has been in the news a lot lately. You have probably heard it mentioned in relation to Donald Trump. Twitter, Facebook, and many other online platforms permanently suspended his accounts last week. That's pretty wild, but there is a lot more worth talking...

The Scott Horton Show

1/15/21 Andrew Quilty on the CIA’s Afghan Death Squads

Scott interviews journalist Andrew Quilty about his recent piece for the Intercept, which details the horrific violence being carried out in Afghanistan by U.S.-backed militia groups. In several recent attacks, these "death squads" have raided religious boarding...

Free Man Beyond the Wall

Conflicts of Interest

COI #59 – Save the Whales and Yemen!

On COI #59, Kyle Anzalone discusses several recent news stories. A new study finds US sonar tests are killing whales in the Pacific. The sonar is for detecting submarines but it likely causing marine life to become beached and die. Several Senators in Guam are trying...

Don't Tread on Anyone

Liberty Weekly Podcast

Abominable SCOTUS Decisions Ep. 147 ft. Dean-O-Files

https://www.youtube.com/watch?v=eJpiZ1ByEmA&t=3759s Dean is a second year law student at Zoom University, School of Law. He has just finished his Constitutional Law class. He shares his experience in law school. We discuss the SCOTUS cases that your Constitutional...

2021 and the Black Future Ep. 146

https://youtu.be/ZfBebGgBGUQ Jose Galison invited me on his show, No Way Jose! for a recap of this incredibly crazy year. We covered a host of topics and realized that we didn't get to half the stuff we wanted to talk about. I guarantee you we covered a bunch of stuff...

Year Zero

Red, White, and Clear; An Interview With Me

Last Friday Mike Korbel asked me to be a guest on his podcast, The Invictus Mind. I’ve known Mike a few years and happily agreed to appear. We have a laid back informal chat about the growing technocratic state and how people may find avenues to free themselves from...


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