Category: The Constitution

Still Dreaming of Watergate II

[fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] [fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] Of all the asinine and, at times, almost psychotic misstatements about the bone-crushing victory the president has won, the prize goes, with admirable historical symmetry, to John Dean. It was Dean who led the destruction of lawyer-client privilege in … Continued

Constitutional Fairyland

[fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] [fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] Another week, a new harvest of insane Democratic pre-electoral hobby horses. Various of the numberless swarm of presidential aspirants in that party have glibly chimed in with their views of how to modify American government to assure a permanent … Continued

Democrats Advance to the Rear and Take America to the Woodshed

[fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] [fusion_text columns=”” column_min_width=”” column_ rule_style=”default” rule_size=”” rule_ ] The announcement by House Speaker Nancy Pelosi (D-Calif.) that she was opposed to impeaching the president unless something unexpected and mortally damaging to him arises, has almost unimaginably transformed her into a force for good sense in Congress. Maybe … Continued

Clarence Thomas: “Freedom Man,” Free at Last

In his farewell address, President Ronald Reagan recalled a Vietnamese refugee who upon leaving his leaky boat for the American rescue ship, yelled out, “Hello, American sailor. Hello, freedom man.”    That image of American military power in the cause of justice is replicated in the stormy seas raised by administrative state today: our “freedom … Continued

Should the FBI Run the Country?

Since the media would doubtless answer that loaded question, “It depends on the president,” let us imagine the following scenario. Return to 2008, when candidate Barack Obama had served only about three years in the U.S. Senate, his sum total of foreign policy experience. And he was running against the overseas old-hand, decorated veteran, and … Continued

Dump The National Emergencies Act

One of the more revelatory aspects of the Trump era is how the national media, after taking an extended nap between 2009 and 2017, now are very worried about constitutional overreach by the executive branch. Presidential power-grabs—which were super cool just five years ago when Barack Obama threatened to use “a pen and a phone” … Continued

The Mental State of the Ruling Class

In some ways, Todd Henderson is living the dream. He has worked as an engineer, a management consultant, a practicing lawyer, and ended up as a professor at his alma mater, the University of Chicago Law School, focusing on business regulation and securities law. Now he can add mystery novelist to his curriculum vitae with … Continued

Originalism and Birthright Citizenship

Republicans have long proclaimed their belief in constitutional originalism. Like low taxes, it’s become a mantra, but one wonders how serious they are. Originalism has consequences, and if embraced, a large part would involve undoing court-created rights that have restrained the political branches, particularly the states. Another large part would require scaling back the federal … Continued

The Left Trashes the Constitution: Sacking the Senate

The Democrats’ trashing of the Constitution did not end with the Kavanaugh confirmation battle but now rambles on with their denunciations of the fundamental institutions of American republican government. They will continue their attack on the electoral process with their disparagement of the Electoral College. Next up, we hear rumblings about the supposed “undemocratic” nature … Continued