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  • Author: Slade Mendenhall
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: The Objective Standard
  • Institution: The Objective Standard
  • Abstract: The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty, by Timothy Sandefur. Washington, DC: Cato Institute, 2014. 200 pp. $24.95 (hardcover). While the principles of liberty on which America was founded are under attack from so-called liberals and conservatives alike, and while expanding abuses of government power are too vast and complex for most Americans to fully follow, books by rational, knowledgeable professionals clearly and concisely explaining the problems and offering solutions are of immense value. Timothy Sandefur's The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty fits this bill. Sandefur, a principal attorney at the Pacific Legal Foundation and an adjunct scholar at the Cato Institute, bases his latest work on an underappreciated idea in American legal thinking. It is the idea that the Declaration of Independence—understood as a formal, legal, diplomatic document issued by the representatives of thirteen British colonies to the king of England—is part of the law of the land, just as are the Constitution and the Bill of Rights. In fact, argues Sandefur, the Declaration used to be seen as the “conscience of the Constitution,” and reviving this understanding of its position in the framework of U.S. law will go a long way toward establishing the moral and political context within which lawyers, judges, and Supreme Court justices should argue and interpret constitutional law. Sandefur's thesis is controversial and is not likely to be well received in modern courts and law classrooms. Most law schools teach students to view the Declaration as a mere manifesto or letter of aspiration. But Sandefur wages a compelling intellectual defense of the Declaration-as-law on two fronts: against leftists, who have ridiculously claimed that the document was drafted as a wink-and-nod effort by elite white men to put down minorities and the lower classes; and against conservatives such as Russell Kirk and neoconservatives such as Irving Kristol who, afraid of its “natural rights” language, dismiss the ideas of the Declaration and characterize it as an underhanded “ploy to lure the French” into conflict with the English (p. 14). Sandefur, pointing out the baseless nature of such criticisms, puts forth a strong argument for holding the Declaration as law and highlights the Founding Fathers' own understanding of it as such. . . .
  • Topic: Government
  • Political Geography: America, Washington, England
  • Author: C.A. Wolski
  • Publication Date: 03-2011
  • Content Type: Journal Article
  • Journal: The Objective Standard
  • Institution: The Objective Standard
  • Abstract: It is 1939 and England is in crisis—war looms, the government is in chaos, the people are in despair. All eyes turn to the country's reluctant, recently crowned monarch, George VI, to offer stirring words that will brace them for the coming storm. But there's the rub. The king suffers from a paralyzing stammer, and there are grave doubts that he will be able to deliver the speech that will unite his nation. Tom Hooper's Academy-Award winning The King's Speech is much more than a simple, inspiring wartime tale of a historical figure overcoming a physical and psychological ailment. The story of how Albert, Duke of York, later King George VI, overcame his stammer to give a series of rousing wartime speeches that united and inspired his nation is indeed the framework of the film. But at its heart, the film is the story of the power of the human mind and how hard work and perseverance—not miracles and wishes—are the bulwarks of the human spirit. The film opens in 1925. Albert (played by Colin Firth) must deliver the closing speech of the Empire Exhibition. The king's second son is terrified. He is led to the podium where his speech will not only be heard by the assembled crowd but is being simultaneously broadcast across the Empire. The time comes, and in what can only be described as sheer agony, Albert chokes out the first few words. He is next seen several months later at a session with a so-called “speech therapist” who insists that smoking will “relax the throat” and that stuffing one's mouth full of marbles is the “classic” cure for stuttering. Both remedies, unsurprisingly, fail. Albert, with the help of his wife, Elizabeth (played by Helena Bonham Carter), eventually lands himself in the offices of Lionel Logue (Geoffrey Rush), an Australian speech therapist, who promises that he can help Albert (whom he insists on calling “Bertie” to the prince's continuing disdain) overcome his stammer and speak clearly. The eccentric speech therapist delivers. Through hard work, setbacks, and triumphs, Logue, with sometimes unusual therapeutic techniques and a wry bit of psychoanalysis, treats the prince and helps him rediscover the confidence and self-esteem that had been robbed from him during his bleak childhood. The efforts culminate in the pivotal speech that Albert, as king, must give. Success is the only option—and the psychological tightrope the king must cross during this moment is more compelling than any explosive action sequence one might imagine. . . .
  • Topic: Government
  • Political Geography: Australia, England