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” […]

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Time to Put a Stop to Impeachment Talk

A push is underway for the Democrat-controlled House of Representatives to hold a vote on whether to impeach the Republican President Donald Trump. Of course, we have been through this before, but with a majority of Republicans voting to impeach President Bill Clinton, a Democrat. It takes only a majority in the House to bring […]

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RINO Droppings: The Legacy of California’s Girlyman Gov

Tani Cantil-Sakauye, chief justice of the California Supreme Court, is giving up her Republican Party registration. The cause, she explained, was the confirmation hearings for U.S. Supreme Court Justice Brett Kavanaugh. But Cantil-Sakauye was not disturbed by the sleazy charges Democrats unleashed against the Trump nominee, which evidently she believed. Instead, California’s chief justice wondered […]

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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 […]

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Kavanaugh: Too Soon to Be Reading Tea Leaves

Justice Brett Kavanaugh. Savor those words: They are the culmination of a harrowing ordeal—for Kavanaugh, his family, and the entire nation. At his despicable confirmation hearing, Kavanaugh was subjected to a pummeling more brutal than the gauntlets faced by Robert Bork and Clarence Thomas, combined. Kavanaugh’s replacement of moderate Justice Anthony Kennedy, long the fickle […]

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Reasserting Self-Government and Sovereignty Won’t Be Easy

We are all aware that our politics is broken. There is more hate dividing Americans than in recent memory, and especially is there corrosive ire directed at our president and those he has appointed, particularly to judicial office. If our politics is riven, however, the cause may be deeper, and it may lie in a […]

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John Roberts Will Be the New Anthony Kennedy

John Roberts will be the new Anthony Kennedy. He stopped short of admitting as much in his recent rejoinder to President Trump, claiming there are no “Obama judges” or other politically motivated federal judges—a statement untrue on its face. But the implication was clear. He has already had a trial run as the swing vote—in […]

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In the Case of Trump vs. Roberts, the President Prevails

Who gets it right, President Donald Trump or Chief Justice John Roberts? The president earlier this week attacked “Obama judges,” whom he believes are erroneously interpreting the law and the Constitution to frustrate his administration’s policy initiatives. The chief justice told the Associated Press on Wednesday there is no such partisan thing. All federal judges, […]

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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 […]

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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 […]

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