Reforming Independent Counsels

Over the years, I have been exploring different ways that the institution of an independent (or special) counsel can be reformed. See, e.g. here and here. On the one hand, ...

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The Propriety of Presidential Impeachments, Past and Present

July 19, 2018 Constitution / History / POTUS 0

Yesterday, as part of my series of posts about taking seriously the constitutional power of impeachment, I reviewed briefly what I have said in the past about impeachment of federal ...

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Don’t Blame the Constitution for Your Loss of Liberty

Some people want to blame the intrusive, overreaching federal government we have today on the Constitution. Many cite a quote fro 19th-century anarchist Lysander Spooner drive home their point: “But ...

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Big Spenders Get Worse Every Year: The History of Growth Since 1940

In March of 2018, President Trump signed into law a $1.3 trillion omnibus spending bill to avoid shutting down the federal government. After signing the 2,200-page bill, the president proclaimed ...

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Founding Principles as Pillars of Our Foreign Policy – Panel presentation by the Federalist Society

The Federalist Society What role should Congress play in determining our country's foreign policy? On June 6, 2018, the Federalist Society's Federalism & Separation of Powers Practice Group and the ...

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The Struggle for American Independence: The Intolerable Acts

July 9, 2018 History 0

In this episode, I cover the Intolerable Acts – a series of laws passed by British Parliament in early 1774 to punish the colonies (especially Massachusetts), for the destruction of ...

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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

July 4, 2018 Government / History 0

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

July 3, 2018 Government / History 0

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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Saul Cornell’s Unfair Criticism of Originalists and Mike Ramsey

July 2, 2018 Constitution / History 0

Originalist critic Saul Cornell has written a new blog post attacking originalism. Cornell’s principal claim in this piece is that originalists misunderstand anti-originalist criticisms of originalism and his focus is ...

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