Tag: Constitution
Court Packing: The Left’s Orwellian Redefinition

Dictionary.com defines court packing as “an unsuccessful attempt by President Franklin D. Roosevelt in 1937 to appoint up to six additional justices to the Supreme Court, which had invalidated a number of his New Deal laws.” In recent article in Harper’s Bazaar, Chelsey Sanchez writes, “Simply put, court packing refers to the process of...
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Replacing RBG: A Lesson in Politics

Supreme Court Justice Ruth Bader Ginsburg’s death on September 18, less than two months before the upcoming presidential election, set off a major political controversy. Democrats argued that the appointment of her successor should wait until after the election and be made by the winner of the election. Most (but not all) Republicans argued...
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The Judeo-Christian Origins of Liberty

In his monumental book, Inventing the Individual: The Origins of Western Liberalism (Penguin, hardcover 2014; Harvard University Press, paperback 2017), American-born, British intellectual historian Sir Larry Siedentop (Keble College, Oxford University) argues that Western “classical liberalism” has been the child of Christianity. That is, the Judeo-Christian principles, understandings and intuitions, that evolved from the...
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July 4th or July 14th? Today’s Upheaval Isn’t George Washington’s Revolution

America is experiencing a revolution. But it is a far different revolution than the one we celebrate every Fourth of July. In fact, it has much more in common with the French Revolution of 1789 than the Spirit of 1776. The American Revolution is often called a lawyers’ revolution. This is based on the...
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George Floyd and the Future of Police Misconduct

The death of George Floyd at the hands of a police officer with a history of excessive force complaints has spurred protests, demonstrations, and riots across the nation. Peaceful protests are more than justified. However, the lawless riots are not; they are enacting the very injustices they claim to contest and on a colossal...
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Health, Wealth, and Liberty in the COVID-19 Era

Americans in many states are protesting the government mandates that require people to “shelter in place,” prohibit traveling, and shut down businesses. The issue is being framed as a trade-off between health concerns related to a very contagious virus and the economic costs resulting from the government-mandated shut-down of much of the economy –...
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Defense Production Act, the Constitution, and the Voluntary Way

President Trump initially seemed uncertain whether he would use the Defense Production Act (“DPA”) in the coronavirus situation. Then the head of FEMA announced on March 24 that the DPA would be used to speed up the production of coronavirus testing kits. Shortly after the FEMA announcement, a FEMA press secretary informed the public:...
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COVID-19 and Your Constitutional Rights

As federal, state, and local governments respond to the COVID-19 pandemic, citizens are being quarantined, governments are banning large gatherings of people, and international travel is being restricted. So far, domestic travel has not been restricted (except for those quarantined), but things are moving rapidly. One consequence of New York State’s ban on gatherings...
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Federal Confiscation Reflects Mission Creep and the Expanding Police State

In 2019, the Transportation Security Administration seized $181,000 in cash from an employee of a Tampa trucking company while he was going through a TSA checkpoint for a flight from Tampa to Cleveland. According to the employee and his employer, the worker was taking the cash to Cleveland to buy second-hand trucks for his...
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Impeachment and Presidential Power

It is easy to conclude that the impeachment proceedings against President Trump are politically motivated. Both the House and Senate appear split on the issue along party lines, so the outcome that the president is impeached by the House but not convicted by the Senate seems a forgone conclusion. The Constitution is vague enough...
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