marcusbrodyspen.bsky.social
@marcusbrodyspen.bsky.social
There’s no unum without the pluribus.
Pinned
You can call it a democracy, you can call it a republic, but if it’s not from the habeas corpus region, it’s just sparkling dictatorship.
The Constitution had to establish a government to be independent from England, but sought to create the weakest possible government, one that was strictly limited in its ability to tread on the rights on the people. The people tell the gov what to do, not the other way around.
June 21, 2025 at 7:36 PM
Good decision yesterday from a three-judge panel in the Fifth Circuit, barring (for now) implementation of a Louisiana law requiring prominent display of the Ten Commandments in every public school classroom. It’s unconstitutional under the Establishment Clause of the First Amendment. Well written.
June 21, 2025 at 7:03 PM
Amendment-a-Day: Tenth: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
June 7, 2025 at 8:13 PM
Amendment-a-day: Ninth. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Added to address fears that spelling out *some* rights would mean any rights NOT spelled out were not guaranteed.
June 2, 2025 at 6:25 PM
Amendment-a-day: 8th. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Brief, aimed directly at King George’s tyrannical practices. Poor people can spend years in harsh prisons for minor offenses, or none. America must work on this.
May 31, 2025 at 3:20 PM
Amendment-a-day: Seventh: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
May 29, 2025 at 11:00 PM
Amendment-a-day: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature…
May 29, 2025 at 2:26 AM
A lot to unpack in the Fifth Amendment. No compulsory self-incrimination, which helps guard against coerced confessions, a chronic problem in the colonies. No double jeopardy, i.e., trying people again and again for the same crime until convicted.
May 28, 2025 at 1:36 AM
Amendment-a-Day: Fifth. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;…
May 28, 2025 at 1:31 AM
Amendment-a-Day: Fifth.
May 28, 2025 at 1:29 AM
This Memorial Day, I join all good Americans in giving special thought to those gave the last full measure of devotion for the cherished principles of our nation, for liberty and justice for all. May God shed his grace on our nation, and crown our good with brotherhood.
May 26, 2025 at 4:33 PM
Amendment-a-Day: The 4th.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation…
May 25, 2025 at 2:58 PM
Amendment-a-day: Third. “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” Mostly forgotten now, but the Colonists were furious at the King’s troops taking over their homes. Dictators beware.
May 24, 2025 at 4:46 PM
Amendment-a-day: The Second Amendment states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
James Madison added the Second Amendment to give peace-loving Quakers an exemption from the militia…
May 23, 2025 at 9:23 PM
An Amendment-a-Day: The First Amendment protects the people against the government treading on rights of speech, religion, the press, assembly, and petitioning the government for redress of grievances. It’s not unlimited, but it is a BIG protection for the people. These 5 are core American rights.
May 22, 2025 at 6:12 PM
Life, liberty, property. What rules guarantee that the government cannot take these precious rights from us unjustly? Due Process rules. Carey v. Piphus, US Supreme Court, 1978.
May 19, 2025 at 3:12 AM
Today is Armed Forces Day. Remember those who serve. May they serve the virtues of Truth and Justice.
May 17, 2025 at 5:31 PM
The rule of law is right there on the cover.
May 17, 2025 at 3:52 PM
“Ye shall do no untighteousness in judgment, in mete-yard, in weight, or in measure.” Due process for Moses and his people, including the foreigner, whom you must love as yourself. Leviticus XIX:33-35.
May 17, 2025 at 3:46 PM
“If a stranger [foreigner, immigrant] sojourn with thee in your land, you shall not vex him. But the stranger that dwelleth with you shall be unto you as one born among you, and thou shalt love him as thyself; for ye were strangers in the land of Egypt…”
Leviticus XIX:33, 34. Birthright cutizenship.
May 17, 2025 at 3:42 PM
The Lord told Moses to provide due process for immigrants.
May 17, 2025 at 3:38 PM
“In America the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.” Thomas Paine, Common Sense, 1776
May 16, 2025 at 5:21 PM
When you’re trying to be Louis Quatorze (with the tacky taste of Louis Quinze), make sure you don’t overshoot the mark to Louis Seize.
May 15, 2025 at 5:41 PM
You can call it a democracy, you can call it a republic, but if it’s not from the habeas corpus region, it’s just sparkling dictatorship.
May 10, 2025 at 9:26 PM
An American is outraged to get a parking ticket and can’t wait to have his day in court. But what if you were wrongly arrested and thrown in jail? You want to prove your innocence in a court of law. Your friends run to court and say, “Judge, get him out! Let him speak!” That’s habeas corpus.
May 10, 2025 at 1:54 PM