Check Your Supreme Court Privilege
In my last post, I noted that Justice Ruth Bader Ginsburg had failed to recuse herself from the travel ban case and that she had failed even to issue an ...
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A Jeffersonian American Patriot is a State Patriot
One day in January 1811, Thomas Jefferson wrote to a French man of letters whose book he so much admired that he translated it into English and saw to its ...
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Constitutional Interpretation and the Impeachment Power
Last week, I began what I expect to be a series of posts on the constitutional power of impeachment. What is the proper understanding of the Constitution’s standard for impeachment ...
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Independence Day and what it means to all Americans
It is unfortunate that, for many Americans, Independence Day has simply become a holiday known as July 4th, and revolves around a gathering of family and friends with food and ...
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A Future Justice Kavanaugh and Executive Privilege
If a prosecutor one day decided to indict President Donald Trump, a future Justice Brett Kavanaugh might not be the one to stop it. Media reports, like this one over ...
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A Problematic Decision: Ruth Bader Ginsburg’s Failure to Recuse Herself in the Travel Ban Case
The travel ban has now been approved by a majority of the Supreme Court. While that puts to rest – at least for the time being – the constitutionality of ...
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The Founders on Federal Enforcement
Some people believe that all branches of the federal government should fully enforce all federal laws until they’re overturned by a court or repealed by Congress. But the Founders disagreed. ...
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Federal Wrecking Ball Destroying American Healthcare System
It’s not just Obamacare that’s the problem. Now federal regulations are interfering in the direct primary care market too. The federal government is a giant wrecking ball destroying the American ...
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Anti-Commandeering: An overview of five major Supreme Court cases
The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting ...
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The NSA Continues to Abuse Americans with a 300% Increase in Data Intercepted and Stored
One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of ...
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