Constitution

Summon Mark Judge to Testify in Kavanaugh Hearings

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Preliminary Note: See my September 28 article “Brett Kavanaugh: A Black Mark on the Supreme Court?” and my blog post of today, "Trump's Sham FBI 'Investigation' of Kavanaugh." *** Now that Congress and President Trump have allowed a one-week delay in the Kavanaugh confirmation vote to permit further investigation, the FBI is ... [click for more]

Suspending the Constitution

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“That was when they suspended the Constitution. They said it would be temporary. There wasn't even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn't even an enemy you could put your finger on.”—Margaret Atwood, The Handmaid's Tale We can pretend that the Constitution, which was written to hold the government accountable, ... [click for more]

Constitutional Conservatives Fail the Drug Test

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The announced retirement of Associate Justice Anthony Kennedy from the U.S. Supreme Court (effective July 31, 2018) has conservatives salivating over the prospects of Donald Trump’s nominating a constitutional conservative to the Supreme Court. Although Kennedy was nominated to the High Court by Ronald Reagan, he has at times disappointed conservatives with some of his votes, especially ... [click for more]

The Constitution Is Not Neutral

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“The Constitution is not neutral. It was designed to take the government off the backs of the people.”—Justice William O. Douglas For those still deluded enough to believe they’re living the American dream—where the government represents the people, where the people are equal in the eyes of the law, where the courts are arbiters of justice, where the police are ... [click for more]

Is the Constitution Even Welcome Here Anymore?

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“The first time it was reported that our friends were being butchered there was a cry of horror. Then a hundred were butchered. But when a thousand were butchered and there was no end to the butchery, a blanket of silence spread. When evil-doing comes like falling rain, nobody calls out ‘stop!’ When crimes begin to pile up they ... [click for more]

What Americans Should Know about the Constitution

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Having just finished reading a new biography of H.L. Mencken, I was intrigued when I discovered that the Washington Post had an online section about politics called “Monkey Cage.” It was Mencken who said, “Democracy is the art of running the circus from the monkey cage.” “Monkey Cage’”s mission “is to connect political scientists and the political conversation by ... [click for more]

The Supreme Court’s Destruction of Liberty of Contract

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Found in Article I, Section 10, of the Constitution, the Contract Clause is a failed attempt to prevent the government from taking actions that would compromise the integrity of contractual obligations — failed, in large part, because of the 1934 Supreme Court case Home Building & Loan Association v. Blaisdell. Blaisdell is arguably the centerpiece of the Supreme Court’s ... [click for more]

The Supreme Court, Federalism, and Limited Government

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The Supreme Court has agreed to hear the case of whether a biological female who identifies as a male can use the boys’ restroom in a Virginia high school. Parties who are not satisfied with the decision of a U.S. Court of Appeals (or a state supreme court if it is deemed a constitutional issue) can petition the ... [click for more]

‘We the Prisoners’: The Demise of the Fourth Amendment

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“Our carceral state banishes American citizens to a gray wasteland far beyond the promises and protections the government grants its other citizens… When the doors finally close and one finds oneself facing banishment to the carceral state—the years, the walls, the rules, the guards, the inmates—reactions vary. Some experience an intense sickening feeling. Others, a strong desire ... [click for more]

Economic Liberty and The Slaughterhouse Cases

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Are economic rights and liberties among the “privileges or immunities” of citizenship protected by the Constitution’s Fourteenth Amendment? That was the simple question before the Supreme Court in the Slaughterhouse Cases, the opinion which is today almost uniformly denounced in the legal academy. Scholars of all political and interpretive commitments have come to reject Slaughterhouse as among the Court’s ... [click for more]