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{ Category Archives } Law

Hugo Black and the Klan

Future U.S. Supreme Court justice Hugo Black joined the Robert E. Lee KKK Klavern No. 1 at dusk on September 11, 1923.  There were 1,750 initiates and 25,000 spectators that night.  But this was a time when all white protestant males were joining the Klan.  Black went on to support some of the most effective [...]

Supreme Court Clout

Joel Osteen, Rick Warren and Tony Robbins speak to over 100,000 people a month eleven  months a year but their combined cultural heft is miniscule compared to that of a few paragraphs of text written by a dissenting U.S. Supreme Court judge.  This judge can easily effect the lives of every citizen in the country [...]

Spousal Equity

If wives get one half of their husband’s net worth in big divorces even though they were not working in the executive office at GM or GE  because they are on the home front enabling the success of their mate via their management of the domestic scene,  perhaps they should also share the ignominy and [...]

McCulloch v. Maryland

The U.S. Supreme Court opens the door to consolidation and growth of the federal government serving a useful function for a young republic but for the past fifty years our gargantuan government has relinquished its power to globally controlled financial institutions that have gutted the American middle class.  The logic, traced back to McCulloch v [...]

John Marshall – Hardship

John Marshall was always sensitive to the hardship of individuals who could not afford to seek redress from distant courts.  With this in mind he often settled cases within their own jurisdictions that might have been candidates for an appeal to a higher but distant court.  Marshall’s sensitivity to logistical and financial challenges of individuals [...]

Timely Nutrients

All growing things have different needs at different ages.  Newborn mammals need milk.  Later in life milk can become toxic if ingested at all.  When concrete is fresh it needs moisture for thirty days to cure properly after that moisture is unnecessary.  A tree needs new branches and leaves then after eighty years any further [...]

John Marshall’s Madeira

Dissention during Marshall’s tenure as chief justice of the U.S. Supreme Court (1801-1835) was resolved at the dinner table with copious amounts of wine supplied by the hogshead from Marshall who purchased it in one hundred gallon lots from Europe in order to sauce his brethren, to synchronize their minds on the weighty matters before [...]

Dartmouth College v. Woodward – 1819

Since when is a college a corporation?  This was U.S. Supreme Court justice John Marshall’s assertion.  A college is a single entity in a fixed location with a mission to educate youth not to make a profit.  To make such an assertion about the “individual” nature of a corporation in the guise of a small, [...]

Negro Seaman Act – 1822

The great divide between Jeffersonian republicans and Federalists regarding states rights is manifest in this legislation.  Federalist theory asserts that the U.S. Constitution reflects the will of the people not the states.  The Republican “Compact” theory asserts that the national government is a compact between the states.  How can one separate the states from “The [...]

Johnson v. Mc Intosh – Mohare’

Johnson v McIntosh (Cherokee Indians in Georgia who occupied land that became subject to a major gold rush were taken from them and distributed to adjacent counties. Fifteen years ago I invented a quasi-mystical fortune-telling procedure called Mohare’ (Missouri -MO  Hand-HA  Reading-RE)  As I tell it, a band of eastern European gypsies migrated to the [...]