The Art of Tetman Callis

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Entries Tagged as 'The American Constitution'

Get it right

June 26th, 2018 · No Comments

“The honesty of the press is as great an object to society as the freedom of it.” – Thomas Paine, “The Forester’s Letters” (emphases in original)

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Tags: Politics & Law · The American Constitution · Thomas Paine

For instance, kidnapping children and holding them hostage

June 24th, 2018 · No Comments

“Immediate necessity makes many things convenient, which if continued would grow into oppressions. Expedience and right are different things.” – Thomas Paine, “Common Sense”

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Tags: Politics & Law · The American Constitution · Thomas Paine

Long live the king

June 23rd, 2018 · No Comments

“In free countries the law ought to be king; and there ought to be no other.” – Thomas Paine, “Common Sense”

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Tags: Politics & Law · The American Constitution · Thomas Paine

Choose your poison, it chooses you

June 20th, 2018 · No Comments

“Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state an intolerable one for when we suffer, or are exposed to the same miseries by a Government, which we might expect in a country without Government, our calamity is heightened by reflecting […]

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Tags: Politics & Law · The American Constitution · Thomas Paine

From the specific to the general

June 19th, 2018 · No Comments

“The cause of America is in a great measure the cause of all mankind. Many circumstances have, and will arise, which are not local, but universal, and through which the principles of all lovers of mankind are affected, and in the event of which their affections are interested.” – Thomas Paine, “Common Sense”

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Tags: Politics & Law · The American Constitution · Thomas Paine

Keeping and bearing

June 17th, 2018 · No Comments

“The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance of power is the scale of peace. The same balance would be preserved were all […]

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Tags: Politics & Law · The American Constitution · Thomas Paine

Going all goo-goo eyed

June 9th, 2018 · No Comments

“Dignities and high sounding names have different effects on different beholders. The lustre of the Star and the title of My Lord, over-awe the superstitious vulgar, and forbid them to inquire into the character of the possessor: Nay more, they are, as it were, bewitched to admire in the great, the vices they would honestly […]

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Tags: Politics & Law · The American Constitution · Thomas Paine

Just another industry

May 9th, 2018 · No Comments

“Courts acknowledge that running a prison is an inordinately difficult undertaking that requires expertise, planning, and the commitment of resources, all of which are peculiarly within the province of the legislative and executive branches of government. Courts must therefore accord substantial deference to the professional judgment of prison administrators, who bear a significant responsibility for […]

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Tags: Economics · Politics & Law · The American Constitution

Form is function

April 28th, 2018 · No Comments

“It is the essence of fascism to have no single fixed form—an attenuated form of nationalism in its basic nature, it naturally takes on the colors and practices of each nation it infects. In Italy, it is bombastic and neoclassical in form; in Spain, Catholic and religious; in Germany, violent and romantic. It took forms […]

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Tags: Adam Gopnik · Politics & Law · The American Constitution

The good artist borrows, the best artist steals

April 20th, 2018 · No Comments

“No one owns anyone’s culture, and that to believe otherwise is to deprive us of the human fullness and richness we all deserve. To reconcile this insight with an equally compelling American truth—that racial injustice is our inheritance and our responsibility—is the challenge for every artist and critic, black or white.” – George Packer, “Race, […]

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Tags: Economics · Lit & Crit · Politics & Law · The American Constitution

The crux of the matter

March 29th, 2018 · No Comments

“Race was—is—the fundamental American issue, underlying not only all matters of public policy (economic inequality, criminal justice, housing, education) but the very psyche of the nation.” – Nathaniel Rich, “James Baldwin & the Fear of a Nation”

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Tags: Economics · James Baldwin · Lit & Crit · Politics & Law · The American Constitution

Good luck, buddy

March 20th, 2018 · No Comments

“Now the commencement speakers will typically also wish you good luck and extend good wishes to you. I will not do that, and I’ll tell you why. From time to time in the years to come, I hope you will be treated unfairly, so that you will come to know the value of justice. I […]

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Tags: Politics & Law · The American Constitution

There’s no switch

March 17th, 2018 · No Comments

“Ethical people are ethical at the core. That identifies who they are. Ethics cannot be engaged and disengaged at will.” – William C. Stewart, Jr., Subrogation Recovery: Principles and Practices

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Tags: Politics & Law · The American Constitution

The default setting

February 16th, 2018 · No Comments

“When people do not understand something, they tend to take a negative view of it and assume the worst.” – Justice Michael B. Hyman, Wing v. Chicago Transit Authority, 2016 IL App (1st) 153517 (Dec. 29, 2016)

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Tags: Politics & Law · The American Constitution

Among other ways

February 15th, 2018 · No Comments

“A court abuses its discretion when it fails to exercise any discretion.” – Justice Mark Cady, State v. Hager (Iowa 2001)

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Tags: Politics & Law · The American Constitution

Priorities and interpretations

February 14th, 2018 · No Comments

“When the plain language of two statutes is conflicting, courts will attempt to construe them together if such a construction is reasonable. With that said, legislative intent remains paramount. To that end, the more specific statute controls over the general statute, and the more recently enacted statute prevails over the older statute.” – Justice Terrence […]

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Tags: Politics & Law · The American Constitution

Then there’s what you do with it

January 22nd, 2018 · No Comments

“A victory for the wrong reason is still a victory.” – Practitioner’s Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit, 2014 ed.

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Tags: Politics & Law · The American Constitution

So be careful

December 3rd, 2017 · No Comments

“A master is not justified in putting his tow to every test which she will survive, if she be fit. There is a zone in which proper caution will avoid putting her capacity to the proof; a coefficient of prudence that he should not disregard.” – Judge Learned Hand, The T. J. Hooper, Circuit Court […]

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Tags: Politics & Law · The American Constitution

Some other time

November 19th, 2017 · No Comments

“The morning of the election I thought about what it means to vote for a woman. Voting for a woman felt like voting for respect, for tolerance, for justice, for peace, for empathy, for righteousness, for equality, for color, for movement, for understanding, for listening, for strength, for kindness, for hope, for openness, for braveness, […]

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Tags: Politics & Law · The American Constitution

Proportionality

November 17th, 2017 · No Comments

“When a person exercises a common right, without negligence or malice, to render such action a nuisance, and therefore to hold the defendant liable, it must be such an act in itself as to be a nuisance to all or to a majority of the persons living in the neighborhood, and not simply, by exceptional […]

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Tags: Politics & Law · The American Constitution

Not to mention the MAD years

November 15th, 2017 · No Comments

“There had been a deep and unsubtle optimism among Americans. The Great Depression and Pearl Harbor created a different sensibility that suspected that prosperity and security were an illusion, with disaster lurking behind them. There was a fear that everything could suddenly go wrong, horribly so, and that people who simply accepted peace and prosperity […]

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Tags: Economics · Politics & Law · The American Constitution

Not so clever by half

November 12th, 2017 · No Comments

“If there is a choice in explaining a government action between a Machiavellian, clever, ingenious plot to achieve that result and sort of blind, bumbling, well-meant incompetence, choose number two all the time.” – Admiral Dennis Blair, Director of National Intelligence (interviewed by Kathy Gilsinan in The Atlantic)

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Tags: Politics & Law · The American Constitution

Distillation

November 2nd, 2017 · No Comments

“When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself […]

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Tags: Politics & Law · The American Constitution

For those keeping track

November 1st, 2017 · No Comments

“The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: ‘Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’ These provisions are universal in their application, to […]

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Tags: Politics & Law · The American Constitution

The thousand points of light

October 11th, 2017 · No Comments

“The hope of mankind does not lie in the action of any corporate body, be it ever so powerful, but in the influence of individual men and women who for the sake of a greater have sacrificed a lesser aim.” – Kenneth Walker, Diagnosis of Man

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Tags: Lit & Crit · Politics & Law · The American Constitution

Away all boarding parties

September 28th, 2017 · No Comments

“In the Year of Our Lord 1682 To ye aged and beloved, Mr. John Higginson: There be now at sea a ship called Welcome, which has on board 100 or more of the heretics and malignants called Quakers, with W. Penn, who is the chief scamp, at the head of them. The General Court has […]

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Tags: Economics · The American Constitution

The long way down

July 15th, 2017 · No Comments

“America has no real alternative to continuing imperial decline: the big questions are simply how fast and how peacefully. The problem is that the arms industries will fund any and every Presidential candidate and, whoever wins, those industries will demand to be fed. It is unclear, though, whether Americans at large are willing to accept […]

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Tags: Economics · Politics & Law · The American Constitution

Not just another word

July 13th, 2017 · No Comments

“What is free speech supposed to be free from? Political and legal restrictions, presumably. But commercial fraud, libel, perjury, declaiming in a stranger’s living room, and shouting ‘Fire!’ in a crowded theater are all uncontroversially restricted forms of speech, whose boundaries are nevertheless sometimes contested. Those contests are resolved—and hence the boundaries of ‘free’ speech […]

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Tags: George Scialabba · Politics & Law · The American Constitution

Newsmakers

June 26th, 2017 · No Comments

“There is a schizophrenia about the power of the press. At times, we still think of it as an objective bystander, narrating events—and many of its leading practitioners portray it this way. In American democracy, however, the press is part of the policy process. As Washington reporters from top newspapers and the networks know well, […]

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Tags: Daniel Benjamin and Steven Simon · Politics & Law · The American Constitution · The Forever War

Not all it’s cracked up to be

June 25th, 2017 · No Comments

“There are few more durable illusions in American life than the omnipotent presidency. For fear of appearing weak, incumbents rarely draw attention to the minimal powers accorded them by the Constitution and established practices of American government. Their critics in Congress and the public avoid mentioning this inconvenient fact because letting the executive off the […]

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Tags: Daniel Benjamin and Steven Simon · Politics & Law · The American Constitution · The Forever War