Calder v. Bull: The Forgotten Case That Shaped Eminent Domain Debates

Calder v. Bull (1798) is not a case that directly created or established the concept of eminent domain. Instead, it is a significant case in the context of constitutional law, particularly concerning the limitations on legislative power, and it laid some foundational principles that have been referenced in subsequent eminent domain cases.

In Calder v. Bull, the Supreme Court addressed issues related to the Constitution's Ex Post Facto Clause and the Contract Clause. It dealt with a Connecticut state law that retroactively invalidated certain wills and contracts. The Court's decision upheld the power of states to pass laws impairing the obligation of contracts in certain circumstances.

While Calder v. Bull is not directly related to eminent domain, it is important in the broader context of property rights and governmental powers. It reinforced the principle that the government has the authority to regulate and even take private property for public use under certain conditions, provided that it adheres to constitutional limitations, including those related to due process and just compensation.

Eminent domain, as a concept, has its roots in English common law and predates Calder v. Bull by centuries. The idea that the government can take private property for public use dates back to ancient legal traditions. In the United States, the Fifth Amendment to the U.S. Constitution explicitly addresses eminent domain, stating that private property shall not be taken for public use without just compensation.

Calder v. Bull did not create eminent domain but contributed to the broader understanding of government power, limitations on legislative action, and the importance of due process and constitutional protections when the government exercises its authority to take private property for public use.

Federalist Paper #4: The Perils of a Disunited America

Federalist Paper #4, authored by John Jay, is a part of the influential Federalist Papers series, written to advocate for the ratification of the United States Constitution. In this article, we delve into the key arguments presented in Federalist Paper #4, which highlight the dangers of disunity among the American states and the urgent need for a strong federal union to safeguard the nation's security, prosperity, and well-being.

Relevant Excerpts from Federalist Paper #4

The Necessity of Unity for Security: Jay emphasizes the importance of unity in providing for the common defense: "The safety of the people of America against dangers from foreign force depends not only on their forbearing to give just causes of war to other nations, but also on their placing and continuing themselves in such a situation as not to invite hostility or insult." Jay argues that maintaining national security depends not only on avoiding provocation but also on presenting a united front that discourages aggression from foreign powers.

Economic Prosperity through Union: Jay outlines the economic advantages of union: "The commercial spirit is a spirit of enterprise. The merchants are the grand instruments by which revenue is to be levied on the people. It is a state of peace, but it can be disturbed by war; it is a state of well-being, but it can be disturbed by invasion." Jay underscores the idea that a unified nation can better protect and promote economic prosperity. A strong federal government can ensure the peaceful and secure environment necessary for economic growth and commerce.

Avoiding Conflict among States: Jay argues that without a strong union, individual states could become competitors rather than partners: "When small republics are organized under a single government, it is apt to become oppressive, and to be too meddlesome. It is apt to interfere in the internal affairs of the members and in the commerce between them." This quote highlights the potential pitfalls of fragmented governance, where individual states may engage in conflict, protectionism, or interference in each other's affairs.

Federalist Paper #4 is significant for various reasons:

National Security: Jay's emphasis on the importance of unity for national security was particularly relevant in the post-Revolutionary War era when the United States was still vulnerable to external threats.

Economic Prosperity: The paper underscores how a united nation can better promote economic growth and commerce, making a strong case for the economic advantages of union.

Avoiding Inter-State Conflicts: Jay's warning against the potential for conflicts and interference between states underlines the dangers of a disunited America.

Promotion of the Constitution: Federalist Paper #4, like the rest of the series, contributed significantly to the broader discussions that led to the ratification of the United States Constitution. It appealed to the practical benefits of a strong federal government and a unified nation.

Federalist Paper #4, authored by John Jay, underscores the perils of disunity among the American states and the urgent need for a strong federal union to safeguard national security, promote economic prosperity, and prevent inter-state conflicts. The arguments presented in this paper were instrumental in the promotion of the U.S. Constitution and continue to be relevant in discussions about the importance of a strong federal government in maintaining the security and well-being of the nation.

The Constitution Party in America: A Beacon of Constitutional Conservatism

 

In the tapestry of American politics, third parties often rise to champion specific ideologies and principles. The Constitution Party, founded on a staunch commitment to constitutional conservatism, stands as a distinctive force in the political landscape.

A Historical Overview:

The Constitution Party, formerly known as the U.S. Taxpayers' Party, was founded in 1992 by a group of conservative activists who believed that the Republican and Democratic parties had strayed from constitutional principles. The party's foundational belief is that the U.S. Constitution provides a framework for limited government and individual liberty.

"The Constitution Party, as a matter of principle, advocates a federal government that is constitutionally limited to a few defined functions and has a high regard for the balance of powers as established by the Founders." — Constitution Party National Platform.

Platform:

Constitutional Governance: The Constitution Party advocates for a strict interpretation of the U.S. Constitution and believes that the federal government should adhere to its enumerated powers.

Limited Government: The party seeks to reduce the size and scope of the federal government, promote fiscal responsibility, and limit government intrusion into citizens' lives.

Pro-Life: The Constitution Party is staunchly pro-life and opposes abortion.

States' Rights: Emphasizing the principle of federalism, the party supports the devolution of power to state and local governments.

Second Amendment: The Constitution Party is a strong supporter of the Second Amendment and the right to bear arms.

Notable Election Victories:

Michael Peroutka (2004): Michael Peroutka, running as the Constitution Party's presidential candidate in 2004, garnered significant attention and support from constitutional conservatives. "We hold that the time has come for a new, genuinely 'second' party, conceived in liberty and dedicated to the proposition that there is no freedom without respect for law." — Michael Peroutka, Constitution Party Presidential Candidate, 2004.

Elected Officials: While the Constitution Party has not achieved widespread electoral success, it has had some success at the local and state levels, with elected officials holding various positions across the country.

Relevance and Influence:

The Constitution Party remains relevant as a voice for constitutional conservatism and limited government in American politics. While it has not won major national elections, its platform attracts individuals who prioritize strict adherence to the Constitution and the protection of individual rights. "We are not extremists. We are mainstream Americans. We believe our Founding Fathers got it right, that the Constitution is not a 'living, breathing document.' It is, as they said, a contract." — Darrell Castle, Constitution Party Presidential Candidate, 2016.

The Constitution Party's history is rooted in a deep commitment to constitutional principles and limited goveolitics continue to evolve, the Constitution Party remains a steadfast advocate for its vision of constitutrnment. Its influence may not be as visible as that of the major parties, but it serves as a vital reminder of the importance of adhering to the constitutional framework that underpins American democracy. As American politics continue to evolve, the Constitution Party remains a steadfast advocate for its vision of constitutional conservatism.

#1 Hit Video Short for the Week of 04/14/2023

 

The Anti-Federalist author Cato believed that strong state governments were essential to preserving the structure of the Constitution of the United States and upholding liberty.

The Goldwater Institute: Advancing Freedom and Limited Government

The Goldwater Institute, founded in 1988, is a renowned conservative and libertarian think tank that champions individual liberty, free-market principles, and limited government. Named after former U.S. Senator Barry Goldwater, the institute is dedicated to advancing conservative policy solutions and protecting the rights and freedoms of individuals. In this article, we will delve into the organization's history, founders, prominent figures, goals, and notable accomplishments.

Founders and Early History:

The Goldwater Institute (https://www.goldwaterinstitute.org/) was founded by a group of visionary leaders, including Darcy Olsen, Eric Crown, and John Norton. Inspired by the principles of liberty and personal responsibility espoused by Senator Barry Goldwater, these founders sought to create an organization that could advocate for limited government, free-market economics, and constitutional conservatism.

Prominent Figures:

1. Darcy Olsen: As one of the co-founders and former President and CEO of the Goldwater Institute, Darcy Olsen played a pivotal role in the organization's early development and influence.

2. Clint Bolick: Clint Bolick is a prominent attorney, author, and advocate for school choice and civil liberties. He served as the Vice President of Litigation at the Goldwater Institute and contributed to the institute's legal initiatives.

3. Victor Riches: Victor Riches served as the President and CEO of the Goldwater Institute and was instrumental in expanding the organization's influence and reach.

Goals and Mission:

The Goldwater Institute's mission is to promote the principles of individual freedom, limited government, and free-market capitalism. Its key goals and principles include:

• Advocating for policies that reduce government intervention in the economy and protect personal liberty.
• Promoting school choice and education reform to empower parents and provide students with quality educational options.
• Defending economic freedom and advocating for policies that encourage entrepreneurship and job creation.
• Protecting the rights of individuals through litigation, research, and policy advocacy.

Prominent Accomplishments:

The Goldwater Institute has achieved several notable accomplishments, including:

1. School Choice Advocacy: The Goldwater Institute has been a leader in the school choice movement, advocating for education savings accounts, charter schools, and tax-credit scholarship programs to provide parents with more educational options.

2. Legal Initiatives: The institute has successfully litigated cases in defense of property rights, economic liberty, and free speech. One notable case involved successfully challenging a burdensome licensing scheme for teeth-whitening services in Arizona.

3. Legislative Reforms: The Goldwater Institute has influenced policy changes in various states, including reforms to licensing requirements, healthcare regulations, and pension reform.

4. Publication of Research: The institute produces a wealth of research reports, articles, and books that provide insights into conservative policy solutions, economic freedom, and individual liberty.

The Goldwater Institute, named after the conservative icon Barry Goldwater, has become a powerhouse in advancing conservative and libertarian principles in the United States. With a dedication to limited government, individual freedom, and free-market capitalism, the organization has made a lasting impact through advocacy, litigation, and research. Its work in education reform, property rights, and economic freedom has contributed to the development and implementation of conservative policy solutions, leaving a lasting imprint on American politics and governance.

The Weekly Standard: Where Wit Met Wisdom in the Conservative Realm

In the realm of conservative publications, "The Weekly Standard" has long been a vivacious force, infusing the often serious landscape of political discourse with a dash of wit, a dollop of insight, and a heaping serving of intellectual depth. Founded in 1995 by William Kristol and Fred Barnes, this magazine quickly became a beacon for conservative thought, offering a unique blend of commentary, analysis, and a liberal sprinkling of humor.

The Architects of Insight:

"The Weekly Standard" didn't just appear on the scene; it burst forth with the intellectual prowess of its founders, William Kristol and Fred Barnes. Kristol, known for his sharp political acumen, and Barnes, revered for his insightful commentary, laid the foundation for a magazine that didn't just report the news; it dissected it with a surgeon's precision, leaving no nuance unexplored.

Wit and Wisdom:

What sets "The Weekly Standard" apart is its ability to marry wit and wisdom seamlessly. In an era where news can often feel like a never-ending cascade of information, this publication manages to cut through the noise with a clever turn of phrase and an irreverent sense of humor. It's not just about the facts; it's about the art of storytelling, and "The Weekly Standard" is a master craftsman.

Prominent Voices and Pundits:

Over the years, the magazine has been home to a cadre of prominent voices in the conservative arena. Writers like Christopher Caldwell, Andrew Ferguson, and Jonathan V. Last have graced its pages, contributing to a vibrant chorus of conservative thought that resonates far beyond the pages of print.

Bold Stance and Bold Covers:

"The Weekly Standard" has never shied away from taking a bold stance on issues that matter. Its covers, adorned with striking visuals and headlines, are emblematic of its commitment to engaging with the pressing matters of the day. Whether challenging prevailing conservative orthodoxy or critiquing the latest political absurdities, the magazine's covers are a testament to its fearless editorial spirit.

In Pursuit of Excellence:

The pursuit of excellence is woven into the very fabric of "The Weekly Standard." It's not just about reporting the news; it's about elevating the discourse. The magazine has been recognized with numerous awards, a testament to its commitment to journalistic integrity and thoughtful analysis.

The Sunset of an Era:

In a twist that many lamented, "The Weekly Standard" ceased publication in 2018. Its closure marked the end of an era, leaving a void in the conservative media landscape. However, its legacy lives on in the archives, a testament to the impact it had on shaping conservative discourse during its vibrant run.

"The Weekly Standard" wasn't just a publication; it was a vibrant conversation that unfolded on its pages. It was where wit met wisdom, where humor coexisted with insight, and where the serious business of political commentary was approached with a twinkle in the eye. Though its presses may have stopped, its spirit continues to echo in the corridors of conservative thought, a reminder that, in the world of ideas, even the most profound discussions can benefit from a touch of lively banter.

Readers can still find some articles from The Weekly Standard here: The Weekly Standard Archive