Voice For Liberty

Tag: Rule of law

  • For God’s Sake, Fellow Lawyers, Stand Up to Trump

    One-sentence summary: Three prominent attorneys call on the legal profession to defend the Constitution and the rule of law by resisting President Trump’s executive orders targeting law firms that have opposed him.

    In this opinion piece, attorneys John W. Keker, Robert A. Van Nest, and Elliot R. Peters condemn a recent executive order issued by President Trump that they argue is designed to punish the law firm Perkins Coie for its past representation of Hillary Clinton and other politically disfavored clients. They assert that the order is blatantly unconstitutional, violating the First, Fifth, and Sixth Amendments, and call attention to a federal judge’s swift action to temporarily block most of it.

    The authors explain that Trump’s order against Perkins Coie is part of a broader campaign, as he has issued similar executive orders targeting other prominent firms, such as WilmerHale and Jenner & Block, which have also taken legal action in response. These actions appear to be part of an attempt to intimidate the legal community and discourage representation of clients who challenge Trump.

    The authors sharply criticize the decision of Paul, Weiss — a traditionally justice-oriented firm also targeted by one of Trump’s orders — for capitulating rather than resisting. They claim that this response not only undermines the legal profession but also empowers Trump’s broader attack on the legal system. The authors express concern that other firms have hesitated to oppose Trump’s actions due to fear of political and financial retaliation.

    They urge the legal community to remember its professional obligations and moral duty to stand up for the rule of law, arguing that in the face of an increasingly autocratic executive, the courts and the lawyers who practice in them may be the last line of defense for American democracy. The authors emphasize that Trump’s attacks on lawyers, judges, and legal institutions reflect a belief in unchecked executive power — a threat they believe the legal profession must confront with unity and courage.

    Keker, John W., et al. “Opinion | For God’s Sake, Fellow Lawyers, Stand Up to Trump.” The New York Times, 30 Mar. 2025, www.nytimes.com/2025/03/30/opinion/perkins-coie-trump.html.

    Key takeaways:

    • President Trump issued an executive order targeting Perkins Coie, allegedly for its past legal work against him and his interests.
    • The order is widely viewed as unconstitutional and has been partially blocked by a federal judge.
    • Trump has issued similar orders against other law firms such as WilmerHale and Jenner & Block.
    • Some law firms, like Paul, Weiss and reportedly Skadden, have chosen not to resist and instead made concessions.
    • The authors call on lawyers and firms to defend the legal profession, constitutional principles, and the rule of law, even at potential personal or financial cost.
    • The authors see the legal community as a crucial bulwark against rising autocratic tendencies in the Trump administration.

    Most important quotations:

    • “It could not have been more blatantly unconstitutional than if a legal scholar had been asked to draft a template for an unlawful executive order.”
    • “If lawyers and law firms won’t stand up for the rule of law, who will?”
    • “Paul, Weiss’s choice was particularly disappointing because it further empowered Mr. Trump’s attack on our profession.”
    • “The common denominator among the president’s recent spate of actions is that he appears to believe he has absolute authority to govern by fiat.”
    • “Lawyers and big firms: For God’s sake, stand up for the legal profession, and for the Constitution.”

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  • Trump’s Fate Belongs in the Hands of 12 Ordinary Citizens

    This article, penned by Jesse Wegman on August 27, 2023, for The New York Times, delves into the significance of the jury system in the American democratic process, drawing parallels between the classic film “12 Angry Men” and the recent legal challenges faced by former President Donald Trump. The film, which revolves around the deliberations of a jury in a murder case, underscores the vital role that juries play in upholding the principles of democracy. The article emphasizes the impartiality of the jury system, where ordinary citizens are summoned to determine the guilt or innocence of an individual, irrespective of their personal biases.

    Wegman reflects on the recent events where Donald Trump was charged in Fulton County, Georgia, for his alleged involvement in racketeering related to overturning the state’s 2020 presidential vote. While impeachment efforts against Trump were thwarted by partisan politics in the Senate, and the 14th Amendment’s disqualification clause, which could potentially bar Trump from holding public office, remains a contentious issue, the author posits that a criminal jury might be the most democratic solution to ascertain Trump’s accountability for the events of January 6.

    The article underscores the sanctity of the jury system, where jurors, despite their familiarity with high-profile defendants like Trump, are bound by the law and procedural rules to ensure a fair trial. Constitutional scholar Akhil Reed Amar is quoted emphasizing the importance of juries as a means of political participation and self-governance. The Founding Fathers of America, recognizing the significance of juries, enshrined the right to a jury trial in the Constitution.

    In conclusion, while juries are not infallible, they offer a more objective avenue for justice than partisan politics. Entrusting the fate of individuals, even someone as polarizing as Trump, to a jury embodies the essence of a society governed by the rule of law, where facts and legal principles take precedence over biases.

    Wegman, Jesse. “Trump’s Fate Belongs in the Hands of 12 Ordinary Citizens.” The New York Times, 27 Aug. 2023.
    https://www.nytimes.com/2023/08/27/opinion/trump-prosecution-jury-courts.html

    Summary provided by ChatGPT

  • Power of Kansas cities to take property may be expanded

    Power of Kansas cities to take property may be expanded

    A bill working its way through the Kansas Legislature will give cities additional means to seize property.

    The bill is SB 338, titled “Rehabilitation of abandoned property by cities.” This bill has passed the Senate by a vote of 32 to eight. It has had a hearing in the House of Representatives.

    Wichitan John Todd is opposed to this bill and provided oral and written testimony this week to a House committee. In his testimony, Todd made these points, among others:

    • Senate Bill 338 appears to provide local governmental units with additional tools that they don’t need to “take” properties in a manner that circumvents the eminent domain statutes that private property rights advocates fought so hard to achieve in 2006.
    • The total lack of compensation to the property owner for the deprivation or taking of his or her property is missing in the bill.
    • Allowing a city or their third party take possession of vacant property they do not own and have not obtained legal title to is wrong.
    • Please take a look at a comparison between a free-market private sector solution as contrasted to a government mandated program to achieving affordable housing and the impact highly subsidized government housing solutions are having on adjacent home owners.

    Instead of being a problem, houses like these can present economic opportunity, says John Todd.
    Instead of being a problem, houses like these can present economic opportunity, says John Todd.
    In closing his testimony, Todd remarked: “In summary, cities in Kansas clearly have all the powers they need to deal with property issues through current law. By enhancing the power of cities and their appointed non-profit community redevelopment organizations to ‘take’ privately owned properties without compensation in an involuntary manner violates the individual private property rights that are essential for the rule of law and liberty to prevail.”

    Click here to view Todd’s written testimony and visual exhibits.

    Empty lots in northeast Wichita. Click for larger version.
    Empty lots in northeast Wichita. Click for larger version.
    Separately, Todd supplied a map of a portion of northeast Wichita. He remarked:

    I am told that there are over 100 vacant lots in this neighborhood represented by green color. It also shows “Poor” and “Very Poor to Unsound” properties in tan and yellow. SB 338 was touted to provide a tool to deal with blight. The point of this map is to demonstrate how the City of Wichita has been using existing law to deal with blighted properties, and how this law has facilitated the destruction of huge numbers of houses. Many had economic value, but there was no compensation to the property owners. My conclusion was that given the existing law, coupled with tax foreclosure sales, there was no need to give cities additional tools.

    What we have under existing law is actually a regulatory taking of private property with no compensation to property owners. Passage of SB 338 would expand those tools to allow cities or their chosen non-profit entities to seize vacant properties they do not have legal title to. The result for a property owner is a “regulatory taking,” ordered by the Kansas Courts with no compensation, allowing the city or the non-profit time to seek title through a mandated court order and judicial deed. Both are methods of forced government transfer and are wrong.

  • Rebuilding liberty without permission

    A forthcoming book by Charles Murray holds an intriguing idea as to how Americans can reassert liberty: Civil disobedience. Make the federal government an “insurable hazard.”

    I think it’s a great idea. For an easy introduction to this concept, listen to the Cato Institute’s seven-minute podcast of Murray speaking about these ideas.

    From the publisher:

    American freedom is being gutted. Whether we are trying to run a business, practice a vocation, raise our families, cooperate with our neighbors, or follow our religious beliefs, we run afoul of the government—not because we are doing anything wrong but because the government has decided it knows better. When we object, that government can and does tell us, “Try to fight this, and we’ll ruin you.”

    In this provocative book, acclaimed social scientist and bestselling author Charles Murray shows us why we can no longer hope to roll back the power of the federal government through the normal political process. The Constitution is broken in ways that cannot be fixed even by a sympathetic Supreme Court. Our legal system is increasingly lawless, unmoored from traditional ideas of “the rule of law.” The legislative process has become systemically corrupt no matter which party is in control.

    But there’s good news beyond the Beltway. Technology is siphoning power from sclerotic government agencies and putting it in the hands of individuals and communities. The rediversification of American culture is making local freedom attractive to liberals as well as conservatives. People across the political spectrum are increasingly alienated from a regulatory state that nakedly serves its own interests rather than those of ordinary Americans.

    The even better news is that federal government has a fatal weakness: It can get away with its thousands of laws and regulations only if the overwhelming majority of Americans voluntarily comply with them. Murray describes how civil disobedience backstopped by legal defense funds can make large portions of the 180,000-page Federal Code of Regulations unenforceable, through a targeted program that identifies regulations that arbitrarily and capriciously tell us what to do. Americans have it within their power to make the federal government an insurable hazard like hurricanes and floods, leaving us once again free to live our lives as we see fit.

    By the People’s hopeful message is that rebuilding our traditional freedoms does not require electing a right-thinking Congress or president, nor does it require five right-thinking justices on the Supreme Court. It can be done by we the people, using America’s unique civil society to put government back in its proper box.

  • For Wichita’s Longwell, flipping in the face of an election

    Campaign season provides an opportunity to see just how malleable candidates’ positions can be, leaving us to wonder if some have any firm and guiding principles.

    When Wichita City Council Member Jeff Longwell was asked about citizens exercising their constitutional right to challenge an ordinance passed by the council, Jeff Longwell said it was “disappointing,” and a “stunt.” He said that using this fundamental aspect of democracy causes citizens to “lose credibility.” (Wichita Eagle, September 14, 2011)

    Now that Wichitans are voting on controversial matter that was placed on the ballot using a similar procedure, Longwell told the same newspaper “I believe the voters should be allowed to decide this issue and I supported placing the issue on the ballot.”

    What caused the evolution from “disappointing” to “supported”? Why was one a “stunt” and another a simple exercise in democracy?

    It’s easy to see. The present issue — reducing the penalty for possession of marijuana — doesn’t involve money, at least to any appreciable extent. And even if it passes, it’s likely the state will try to block it from taking effect.

    But the 2011 issue involved Longwell voting for a taxpayer-funded giveaway to the special interests that fund his campaigns. His cronies, in other words. That is what really counts for Longwell, and it shows his lack of respect for the rule of law.

  • Who decides? When it comes to planning, is it the people, the politicians, or the bureaucrats?

    By Karl Peterjohn, Sedgwick County Commission

    The Wichita Eagle editorial page is unhappy with the county commission’s decision to terminate the county’s participation in the federal government’s “sustainability planning grant.” When this controversial grant was first voted upon by the county in 2010, it was rejected by a vote of three to two. This also led the county to withdraw from the Regional Economic Area Partnership (REAP).

    Karl Peterjohn
    Karl Peterjohn
    In 2011, a new county commission reversed this decision and decided to participate in this joint federal grant from three often controversial national agencies: Housing and Urban Development, Environmental Protection Agency, and Department of Transportation. HUD has played a key role in federal housing mandates and failed federal urban programs going back to the odious urban renewal era. The federal housing failures led to the 2008 financial crisis.

    EPA is focused on creating new and complicated federal mandates. These are having a small impact on improving environmental problems but are becoming a new power center for the leftist, statist agenda out of Washington, D.C.

    President Eisenhower said, “In preparing for battle, I have always found that plans are useless but planning is indispensable.” Ike also said, “A people that values its privileges above its principles soon loses both.”

    The key question for a free people who cherish their liberty is the question, who decides? Why is government planning, which up until the New Deal, was largely left to the private sector and local government becoming a federal problem?

    I believe that the state government is better than the federal government in trying to project what public needs might appear in the future. I believe that the local government, county or city, is better than the state government. I believe that a great deal of the current “planning,” should be left to the people and not the government.

    Today, there are over-lapping, and duplicative planning efforts underway. The new 20 year Comprehensive Plan that was presented to Sedgwick County earlier this month is one case. The city of Wichita is also involved in this effort. The members of this planning effort were appointed by the city and county managers and included a couple of elected officials as well as over 20 other private citizens.

    A 25 year transportation plan is being work on by the Wichita Area Metropolitan Planning Organization (WAMPO) for a region that includes all of Sedgwick County as well as Andover, Rose Hill, and Mulvane that covers western Butler and northern Sumner counties.

    A third plan was this “sustainability” planning grant that would be followed with an “implementation” grant. The fact that Sedgwick County has withdrawn from this plan does not guarantee that other cities and counties in this region could not continue to proceed in this process. The sustainability grant has continued despite the opposition to it from both Butler and Sumner county commissions. I believe the sustainability implementation grant, if it proceeds, would probably supersede the other two plans.

    REAP has been closely tied to this controversial “sustainability” grant. I want to repeat my reasons for voting against participating in this grant and REAP. I have voted against participating in this grant every time it has appeared on the county agendas in 2010, 2011, and again this year. I also opposed the doubling of the county’s dues for REAP membership. REAP’s legislative agenda has been cited as a reason for supporting this organization. I believe that each local government should have their own agenda. I oppose seeing REAP’s taxpayer funds from being used for statehouse lobbying.

    I firmly believe that local government’s role is to provide a firm rule of law where there is a level playing field in it with clear rules for everyone to build their future for themselves and their families. This is the very limited role of government for a free people in a liberty loving society.

  • Blubaugh, Mayor vote for licenses for undocumented workers to drive to their illegal jobs

    The Wichita city council voted to recommend that the Kansas Legislature create drivers permits for undocumented workers so they could drive to their jobs.

    In December the Wichita City Council voted to include drivers permits for undocumented workers in its legislative agenda. The item as presented to council members read: “RECOMMEND: The Wichita City Council supports legislation that provides a driver’s permit to undocumented workers for the sole purpose of obtaining vehicle insurance for work-related transportation.”

    In his remarks, as presented in the meeting minutes, Wichita Mayor Carl Brewer stated “he has given this a lot of thought and he is the one who has asked for it because he believes it is the right thing to do.”

    Wichita City Council Member Jeff Blubaugh
    Wichita City Council Member Jeff Blubaugh
    The measure passed four to three, with Council Member Jeff Blubaugh (district 4, south and southwest Wichita) voting along with the council’s progressive members.

    No matter what one believes about our immigration laws, it is illegal for undocumented workers to hold their jobs. Yet, the city wants to make it legal for them to drive to their illegal jobs.

    This also illustrates the problem with resolving our nation’s issues with immigration. We’ve shown that we’re not willing to enforce the laws we have. Here, the Wichita City Council takes steps to help illegal immigrants break our laws. Why do we expect people to respect and obey them?

  • The Overcriminalization of America

    The Overcriminalization of America

    How to reduce poverty and improve race relations by rethinking our justice system

    By Charles G. Koch and Mark V. Holden

    As Americans, we like to believe the rule of law in our country is respected and fairly applied, and that only those who commit crimes of fraud or violence are punished and imprisoned. But the reality is often different. It is surprisingly easy for otherwise law-abiding citizens to run afoul of the overwhelming number of federal and state criminal laws. This proliferation is sometimes referred to as “overcriminalization,” which affects us all but most profoundly harms our disadvantaged citizens.

    Overcriminalization has led to the mass incarceration of those ensnared by our criminal justice system, even though such imprisonment does not always enhance public safety. Indeed, more than half of federal inmates are nonviolent drug offenders. Enforcing so many victimless crimes inevitably leads to conflict between our citizens and law enforcement. As we have seen all too often, it can place our police officers in harm’s way, leading to tragic consequences for all involved.

    Continue reading at Politico.

  • Hate crimes should not be enhanced in Kansas

    Hate crimes should not be enhanced in Kansas

    A bill in Kansas proposes to toughen penalties for hate crimes, thereby judging people on their thoughts and beliefs rather on their actions.

    When a person commits a crime against another, the crime itself ought to be enough to earn the criminal a trip to prison. What the criminal was thinking, or even saying, at the moment ought not to be relevant in determining the severity of punishment or whether a crime was committed. That’s because in America we have the right to free speech, even hateful speech. We do not have, of course, the right to harm others, but speech shouldn’t count in reckoning harm.

    Kansas has hate crime laws that allow the motivation of the criminal to be considered as an aggravating factor in determining sentences. But proposed legislation, Senate Bill 1, seeks to mandatorily double sentences if hateful motives are suspected. The relevant part of the bill follows:

    (w) If the trier of fact makes a finding that an offender’s crime was motivated entirely or in part by the race, color, religion, ethnicity, national origin or sexual orientation of the victim or the crime was motivated by the offender’s belief or perception, entirely or in part, of the race, color, religion, ethnicity, national origin or sexual orientation of the victim, whether or not the offender’s belief or perception was correct, the sentence for such offender shall be as follows:
    (1) If the underlying crime of conviction carries a presumptive term of imprisonment, the sentence shall be double the maximum duration of the presumptive imprisonment term;

    If this bill becomes law, courts and juries will be asked to look into the heart of criminals, and if persuaded that even a sliver of motivation was due to something mentioned in the law, the criminal could face a sentence of double length.

    We ought not to punish people for their thoughts and opinions. Punish them for actual criminal violence. That should be enough.

    Even though hate crime laws seem to be of noble intent, the serve to perpetuate unequal protection before the law, and make bigotry an institution. In 1992 Jacob Sullum explained in Reason Magazine:

    But the promise of a liberal democracy is that members of minority groups will be protected from aggression, just like everyone else. If someone wrongs a Jew, or a black, he will be punished just as severely as if he had wronged a Christian or a white-and his motivation, whether bigotry, greed, or simple viciousness, won’t matter in either case. You correct unequal protection by making it equal, not by reversing it.

    By punishing opinions, hate-crime laws institutionalize the very bigotry they seek to prevent: They treat some individuals as second-class citizens simply because of the ideas they hold. And they treat some targets, such as Catholic churches, as more important than others, such as abortion clinics (leading, of course, to the charge that vandalizing an abortion clinic is a hate crime against women). Like affirmative action, hate-crime laws enforce a double standard in the name of treating individuals equally.