Monday, December 30, 2019

Memo I to Nancy Pelosi

(She is a pill, but I misspelled her name. Mea culpa.)

Finem respice.

Hint: Both are Latin.

Memo I to Nancy Pelosi

Finem respice.

Hint: It's Latin.

Sunday, December 29, 2019

Another description of the Washington, DC, elite: "quinta columna"

During the Spanish civil war, in 1936 a rebel general boasted that his forces would take Madrid because his four infantry columns would be joined by underground sympathizers already in the city. A newspaper reporter dubbed them as the "Fifth Column," and the term stuck. It can be aptly applied to the deep state, which subverts today's government while more open columns -- the media, faithless judges, cultural institutions -- openly attack the current administration.

Saturday, December 28, 2019

Memo for the 2020 election

"The foundation of all democracy is that the people have the right to vote. . . . At the bottom of all the tributes paid to democracy is the little man, walking into the little booth. . . ."

Winston S. Churchill

Friday, December 27, 2019

The justice was mistaken

"The rise of administrative bodies probably been the most significant legal trend of the last [19th] century and perhaps more values today are affected by their decisions than by those of all the courts, review of administrative decisions apart. They also have begun to have important consequences on personal rights. . . . They have become a veritable fourth branch of the Government, which has deranged our three-branch legal theories as much as the concept of a fourth dimension unsettles our three-dimensional thinking." (Holzer italics.)

Robert H. Jackson, Associate Justice of the Supreme Court of the United States; Chief America prosecutor at the post-World War II Nuremberg War Crimes Trials.

Justice Jackson was mistaken because, as time has shown irrefutably, congressionally-created  independent agencies--possessing combined executive/administrative power (commissioners and staff), judicial power (administrative law judges) and legislative power (rule-making)--do not mimic the separate Articles I (legislative), II (executive) and III (judicial) of the Constitution of the United States of America.

The independent agencies stand outside the Constitutional framework. As such, rather than being a fourth branch of government, independent agencies are a parallel government, with little Article III oversight and thus even less accountability.

Thursday, December 26, 2019

Are you sure?

"Nothing is more certain in modern society than the principle that there are no absolutes, that a name, a phrase, a standard has meaning only when associated with the considerations which gave birth to the nomenclature." (Holzer italics.)

Fred M Vinson, Chief Justice of the Supreme Court of the United States

Among the many recipients of this blog are some of my former constitutional law students. They may recall that whenever a student made this ridiculous statement, I would ask "are you certain.?" The responses were usually very entertaining.

Tuesday, December 24, 2019

Memo II to the House of Representatives democrats

"Life is made up of a series of judgments on insufficient data, and if we wanted to run down all our doubts, it would flow past us. But the rock on which a democratic state is most apt to split is that passion of faction which will admit no mediation, and demands the extinction of all opposition." (Holzer italics.)

Judge Learned Hand.

Monday, December 23, 2019

Memo to the House of Representatives democrats

"In law, it is good policy to never plead what you need not, lest you oblige yourself to prove what you can not."

Abraham Lincoln

Saturday, December 21, 2019

Democrats and inferences

"An Inference, though never so rational, should go no farther than to justify a Suspicion, not so far as to inflict a Punishment. Nothing is so apt to break with Stretching, as an Inference; and nothing so ridiculous, as to see how Fools will abuse one." (Italics in original.)

George Savile, First Marquess of Halifax.

Friday, December 20, 2019

Re Pilosi's refusal to perform her constitutional duty

"We will not sell, or deny, or delay, right or justice to anyone. (Holzer italics).

Magna Carta (1215), Clause 40.

Thursday, December 19, 2019

Rawls, Rand........and "White Privilege"

"The new 'theory of justice' [of John Rawls] demands that men counteract the 'injustice' of nature by instituting the most obscenely unthinkable injustice among men: deprive 'those favored by nature' (i.e., the talented, the intelligent, the creative) of the right to the rewards they produce (i.e., the right to life)--and grant to the incompetent, the stupid, the slothful a right to the effortless enjoyment of the rewards they could not produce, could not imagine, and would not know what to do with it."

Ayn Rand.

Tuesday, December 17, 2019

Holmes, J. on "due process"

"Whatever disagreement there may be as to the scope of the phrase 'due process of law'," there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard."

Associate Justice of the Supreme Court of the United States, Oliver Wendell Holmes, Frank v. Morgan, 237 U.S. 309, 347 (1954).

Monday, December 16, 2019

Re the impeachment fever..........

"The difficulty of proving a fact will not justify conviction without proof." John Marshall, Chief Justice of the Supreme Court of the United States."

Wednesday, July 3, 2019

Douglas MacArthur at West Point, May 12, 1962

No human being could fail to be deeply moved by such a tribute as this, coming from a profession I have served so long and a people I have loved so well. It fills me with an emotion I cannot express. But this [Thayer] award is not intended primarily to honor a personality, but to symbolize a great moral code — the code of conduct and chivalry of those who guard this beloved land of culture and ancient descent. That is the animation of this medallion. For all eyes and for all time, it is an expression of the ethics of the American soldier. That I should be integrated in this way with so noble an ideal, arouses a sense of pride and yet of humility which will be with me always.

“Duty, Honor, Country” — those three hallowed words reverently dictate what you ought to be, what you can be, what you will be. They are your rallying point to build courage when courage seems to fail, to regain faith when there seems to be little cause for faith, to create hope when hope becomes forlorn.

Unhappily, I possess neither that eloquence of diction, that poetry of imagination, nor that brilliance of metaphor to tell you all that they mean.

The unbelievers will say they are but words, but a slogan, but a flamboyant phrase. Every pedant, every demagogue, every cynic, every hypocrite, every troublemaker, and, I am sorry to say, some others of an entirely different character, will try to downgrade them even to the extent of mockery and ridicule.

But these are some of the things they do. They build your basic character. They mold you for your future roles as the custodians of the nation's defense. They make you strong enough to know when you are weak, and brave enough to face yourself when you are afraid.

They teach you to be proud and unbending in honest failure, but humble and gentle in success; not to substitute words for action; not to seek the path of comfort, but to face the stress and spur of difficulty and challenge; to learn to stand up in the storm, but to have compassion on those who fall; to master yourself before you seek to master others; to have a heart that is clean, a goal that is high; to learn to laugh, yet never forget how to weep; to reach into the future, yet never neglect the past; to be serious, yet never take yourself too seriously; to be modest so that you will remember the simplicity of true greatness, the open mind of true wisdom, the meekness of true strength.

They give you a temper of the will, a quality of the imagination, a vigor of the emotions, a freshness of the deep springs of life, a temperamental predominance of courage over timidity, an appetite for adventure over love of ease.

They create in your heart the sense of wonder, the unfailing hope of what next, and the joy and inspiration of life. They teach you in this way to be an officer and a gentleman.
And what sort of soldiers are those you are to lead? Are they reliable? Are they brave? Are they capable of victory?

Their story is known to all of you. It is the story of the American man at arms. My estimate of him was formed on the battlefield many, many years ago, and has never changed. I regarded him then, as I regard him now, as one of the world's noblest figures; not only as one of the finest military characters, but also as one of the most stainless.

His name and fame are the birthright of every American citizen. In his youth and strength, his love and loyalty, he gave all that mortality can give. He needs no eulogy from me, or from any other man. He has written his own history and written it in red on his enemy's breast.

But when I think of his patience under adversity, of his courage under fire, and of his modesty in victory, I am filled with an emotion of admiration I cannot put into words. He belongs to history as furnishing one of the greatest examples of successful patriotism. He belongs to posterity as the instructor of future generations in the principles of liberty and freedom. He belongs to the present, to us, by his virtues and by his achievements.

In twenty campaigns, on a hundred battlefields, around a thousand campfires, I have witnessed that enduring fortitude, that patriotic self-abnegation, and that invincible determination which have carved his statue in the hearts of his people. From one end of the world to the other, he has drained deep the chalice of courage.

As I listened to those songs, in memory's eye I could see those staggering columns of the First World War, bending under soggy packs on many a weary march, from dripping dusk to drizzling dawn, slogging ankle-deep through the mire of shell-pocked roads, to form grimly for the attack, blue-lipped, covered with sludge and mud, chilled by the wind and rain, driving home to their objective, and for many, to the judgment seat of God.

I do not know the dignity of their birth, but I do know the glory of their death. They died unquestioning, uncomplaining, with faith in their hearts, and on their lips the hope that we would go on to victory.

Always for them: Duty, Honor, Country. Always their blood, and sweat, and tears, as we sought the way and the light and the truth. And twenty years after, on the other side of the globe, again the filth of dirty foxholes, the stench of ghostly trenches, the slime of dripping dugouts, those broiling suns of relentless heat, those torrential rains of devastating storms, the loneliness and utter desolation of jungle trails, the bitterness of long separation of those they loved and cherished, the deadly pestilence of tropical disease, the horror of stricken areas of war.
Their resolute and determined defense, their swift and sure attack, their indomitable purpose, their complete and decisive victory — always victory, always through the bloody haze of their last reverberating shot, the vision of gaunt, ghastly men, reverently following your password of Duty, Honor, Country.

The code which those words perpetuate embraces the highest moral law and will stand the test of any ethics or philosophies ever promoted for the uplift of mankind. Its requirements are for the things that are right, and its restraints are from the things that are wrong. The soldier, above all other men, is required to practice the greatest act of religious training: sacrifice. In battle and in the face of danger and death, he disposes those divine attributes which his Maker gave when he created man in His own image. No physical courage and no brute instinct can take the place of the divine help which alone can sustain him. However hard the incidents of war may be, the soldier who is called upon to offer and to give his life for his country is the noblest development of mankind.

You now face a new world, a world of change. The thrust into outer space of the satellite spheres and missiles mark a beginning of another epoch in the long story of mankind. In the five or more billions of years the scientists tell us it has taken to form the earth, in the three or more billion years of development of the human race, there has never been a more abrupt or staggering evolution. We deal now, not with things of this world alone, but with the illimitable distances and as yet unfathomed mysteries of the universe. We are reaching out for a new and boundless frontier. We speak in strange terms: of harnessing the cosmic energy; of making winds and tides work for us; of creating unheard synthetic materials to supplement or even replace our old standard basics; to purify sea water for our drink; of mining the ocean floors for new fields of wealth and food; of disease preventatives to expand life into the hundreds of years; of controlling the weather for a more equitable distribution of heat and cold, of rain and shine; of spaceships to the Moon; of the primary target in war, no longer limited to the armed forces of an enemy, but instead to include his civil populations; of ultimate conflict between a united human race and the sinister forces of some other planetary galaxy; of such dreams and fantasies as to make life the most exciting of all time.

And through all this welter of change and development your mission remains fixed, determined, inviolable. It is to win our wars. Everything else in your professional career is but corollary to this vital dedication. All other public purposes, all other public projects, all other public needs, great or small, will find others for their accomplishment; but you are the ones who are trained to fight. Yours is the profession of arms, the will to win, the sure knowledge that in war there is no substitute for victory, that if you lose, the Nation will be destroyed, that the very obsession of your public service must be Duty, Honor, Country.

Others will debate the controversial issues, national and international, which divide men's minds. But serene, calm, aloof, you stand as the Nation's war guardians, as its lifeguards from the raging tides of international conflict, as its gladiators in the arena of battle. For a century and a half you have defended, guarded and protected its hallowed traditions of liberty and freedom, of right and justice. Let civilian voices argue the merits or demerits of our processes of government: whether our strength is being sapped by deficit financing indulged in too long, by federal paternalism grown too mighty, by power groups grown too arrogant, by politics grown too corrupt, by crime grown too rampant, by morals grown too low, by taxes grown too high, by extremists grown too violent; whether our personal liberties are as firm and complete as they should be; these great national problems are not for your professional participation or military solution. Your guidepost stands out like a tenfold beacon in the night: Duty, Honor, Country.

You are the leaven which binds together the entire fabric of our national system of defense. From your ranks come the great captains who hold the Nation's destiny in their hands the moment the war tocsin sounds.

The Long Gray Line has never failed us. Were you to do so, a million ghosts in olive drab, in brown khaki, in blue and gray, would rise from their white crosses, thundering those magic words: Duty, Honor, Country.

This does not mean that you are warmongers. On the contrary, the soldier above all other people prays for peace, for he must suffer and bear the deepest wounds and scars of war. But always in our ears ring the ominous words of Plato, that wisest of all philosophers: "Only the dead have seen the end of war."

The shadows are lengthening for me. The twilight is here. My days of old have vanished — tone and tint. They have gone glimmering through the dreams of things that were. Their memory is one of wondrous beauty, watered by tears and coaxed and caressed by the smiles of yesterday. I listen then, but with thirsty ear, for the witching melody of faint bugles blowing reveille, of far drums beating the long roll. In my dreams I hear again the crash of guns, the rattle of musketry, the strange, mournful mutter of the battlefield. But in the evening of my memory always I come back to West Point. Always there echoes and re-echoes: Duty, Honor, Country.

Today marks my final roll call with you. But I want you to know that when I cross the river, my last conscious thoughts will be of the Corps, and the Corps, and the Corps.

Monday, July 1, 2019

Eugenics, abortion.....and Justice Clarence Thomas

On August 11, 2009 I wrote a blog entitled “Adolf Hitler, The Buck Sisters, and The Four Horsemen” (, I wrote of the Nazis’ use of eugenics to rid the Third Reich of “undesirables,” and of how American eugenics proponents achieved a Supreme Court victory approving the practice in the United States. “Three generations of imbeciles are enough,” the Court majority said.

On August 20, 2009 I wrote a blog entitled “Yesterday the Imbeciles. Today the Elderly. Tomorrow the Unborn”

On February 19, 2019 I wrote the following blog, entitled “Baby-Killing Precedents.”

Back in the Seventies and Eighties when I taught constitutional law at Brooklyn Law School, I enjoyed bedeviling my students by eviscerating Griswold v. Connecticut (contraceptives) and its  successor Roe v. Wade (abortion), two of the most constitutionally indefensible decisions ever to soil the pages of the U.S. Reports. 

Before reading the Court’s opinion, the class’s discussion began with a textual search for "The Right of Privacy" somewhere in the Declaration of Independence, Constitution of the United States, and Bill of Rights. Nope. Not anywhere there. 

Next, we would scrutinize Justice Douglas’s majority Griswold opinion for any Supreme Court precedent that had found "The Right of Privacy" somewhere, anywhere, in the Declaration of Independence, Constitution of the United States, or Bill of Rights. Nope. Not anywhere there, either.

As we used our magnifying glasses, we learned of the majority’s “penumbras” and “emanations,” constitutional nuggets that had somehow lain hidden for a couple of hundred years in several otherwise textually-clear amendments of the Bill of Rights.

Needless to say, none of the students could justify the majority opinion any more than Douglas and his majority brethren did.

So the “pro-choice” students—mostly young New York City females—began to talk policy and morality: Abortion was good policy and perfectly moral. In support of both, they recited the mantra of a woman’s penumbral- and emanational-based "right" to do what she wanted with her body—which was (and is) a euphemism for destroying a fetus. Then, no surprise, the discussion got hot. I deliberately began asking modestly “So abortion in, say, the first month of pregnancy is OK?” Sure. Absolutely. You better believe it. A woman’s right….don’t you know?” Etc.
By now you can guess where I went from there, day-by-day, week-by-week, month-by-month.

Inevitably, by pregnancy's mid-term some students were beginning to see the trap, and dropped out of the Socratic dialogue, evidently uneasy about where their professed pro-choice policy/morality stance was leading them.

But some held their ground until the denouement

"So," I asked with as much fake innocence as I could muster, "if a woman has a 'privacy' right to do whatever she wants with her body, she can destroy her baby any time she chooses, even though the infant is outside her body, the mother and child still attached by the umbilical cord?" 

After a few gasps died away, to their credit some students said "no"

Others did not. 

Whether the approval by some of such barbarism was an effort to be consistent, or not to agree with the professor, or for other reasons, it was clear to me that there were some who believed infanticide was, in principle, morally acceptable policy.

Sadly, I wasn't surprised then and I'm not surprised now that there are those (e.g., Virginia's governor and Governor Cuomo and the New York Legislature) who believe it is the government--not the sovereign individual--that decides whose freedom and even one's life is to be sacrificed for the benefit of others. For an example, a moments-before pregnant mother suffering not the joy of birth, but instead experiencing motherhood-remorse who can now in New York and doubtless soon elsewhere sacrifice a baby to whatever her psychological needs are (or may be, what, a day later, a month, a year?) Think slavery, conscription, polygamy, suicide, for whose lives and freedom has been, and is, sacrificed to the needs of others.

My attempts through writing and teaching to continue the work of others in exposing the anti-life premises and consequences of eugenics and abortion are dwarfed by comparison with Justice Clarence Thomas’s recent brilliantly devastating concurring opinion in KRISTINA BOX, COMMISSIONER, INDIANA DEPART- MENT OF HEALTH, ET AL. v. PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., ET AL ( ). (Scroll down a few pages.)

Sadly, today there are too few truth-tellers, let alone those in a position to be heard by the many. Justice Thomas has done a potentially game-changing service not only to the Court and the American people, but to those of us who respect life—in all its forms.