Unpacking the Supreme Court?

By |2021-04-22T10:04:23-05:00April 11th, 2021|Categories: American Republic, Constitution, Politics, Supreme Court, Uncategorized|

Despite controlling neither the sword nor the purse, the Supreme Court has been able to wield considerable power by in effect legislating rather than simply judging. To lessen and perhaps gradually eliminate battles like “Roe v. Wade,” why not reduce the number of Supreme Court justices to five? During the 2020 campaign, which saw the [...]

Violence and Savagery

By |2021-04-08T10:13:28-05:00April 11th, 2021|Categories: 2nd Amendment, American Republic, Mark Malvasi, Senior Contributors|

In the process of taming the wilderness of the New World by violent means, Americans absorbed and bequeathed to future generations some of the savagery that they determined to eliminate. Their purpose was to establish and maintain a civilization, but we have now lost this sense of purpose. Savagery is the product, then, not of [...]

Repeal the Seventeenth Amendment?

By |2021-03-23T11:19:31-05:00March 28th, 2021|Categories: American Republic, Constitution, Politics|

The lava-like drift toward not just democracy but mass democracy might one day culminate in government by plebiscite. If that’s where American government is headed, we have all the more reason to turn in the opposite direction. And a good first step in that direction would be to repeal the 17th Amendment. Constitutional amendments are [...]

The Meaning, History, & Purpose of the Second Amendment

By |2021-03-16T11:37:16-05:00March 16th, 2021|Categories: 2nd Amendment, American Republic, Constitution|

The right to bear arms protects every other right. Without its preservation, a nation would easily succumb to tyranny. As long as this right is upheld, protected, and exercised lawfully, the torch of liberty may continue to burn. “A well-regulated Militia, being necessary to the security of a Free State, the right of the people [...]

After Trump’s Trial, What Next for Due Process Under the Democrats?

By |2021-03-09T15:57:39-06:00March 9th, 2021|Categories: Constitution, Presidency, Senior Contributors, Thomas R. Ascik|

According to the Constitution, due process, and everyday legal practice, Donald Trump did not receive a fair trial in the Senate. And beyond that: What did the impeachment trial look like? According to the Supreme Court, “Justice must satisfy the appearance of justice” (Offut v. United States). So, what’s next for the courts under Democratic [...]

Sharing the President’s (Nuclear) War Powers?

By |2021-03-08T01:46:45-06:00March 7th, 2021|Categories: American Republic, Congress, Constitution, Joseph Biden, Politics, Presidency|

Suggestions that Congress use Article I Section VIII to restrict the president’s power to engage in war, nuclear or otherwise, are both unconstitutional and imprudent. Last week, 30 Congressional Democrats sent a letter to President Biden asking him to “review the ways in which you can end the sole authority you have to launch a [...]

The Mixed Constitution in Crisis

By |2021-02-08T16:22:56-06:00February 8th, 2021|Categories: American Republic, Constitution, Government, Politics|

Our founders were heirs to a great “mixed constitution” tradition—a tradition that insisted on balance and harmony among parts of the state to prevent anarchy and tyranny. Today that balance is threatened by the concentration of power in the same political party in the legislature and the executive, by proposals for radical judicial reform, by [...]

The Arbitrary Interpretation of Life, Liberty & the Pursuit of Happiness

By |2021-01-21T15:12:58-06:00January 21st, 2021|Categories: American Republic, Constitution, Politics|

What was the understanding of the American Founding Fathers of the natural rights endowed by the Creator to life, liberty and the pursuit of happiness? Unless one dissects the etymology of such words, unfortunately arbitrariness becomes the decisive factor in interpreting them. “The intellectual nature of the human person,” according to the Vatican II Pastoral [...]

Impeachment Inferno: Can President Trump Be Tried After Leaving Office?

By |2021-01-20T11:07:40-06:00January 18th, 2021|Categories: Constitution, Donald Trump, Presidency, Thomas R. Ascik|

In passing its resolution impeaching President Donald Trump just seven days before he leaves office, the House of Representatives has embarked on a new American legal, constitutional, political, and historical journey. An End Without a Means In its political haste to impeach President Trump, the House Democratic majority (along with ten Republicans) decided that an [...]

In Defense of the Old Republic: The Problem of the Imperial Presidency

By |2020-11-20T09:41:32-06:00November 15th, 2020|Categories: Constitutional Convention, Featured, Federalist Papers, George W. Carey, Government, Presidency, Timeless Essays|Tags: |

The dangers associated with the imperial presidency are compounded by an awareness that, while new and more expansive theories of executive authority are seriously advanced, the office is not attracting individuals of high moral and intellectual character. The Philadelphia Constitution may be dead, but the basic problems which troubled the Framers—e.g., preserving the rule of [...]

Why Do We Have an Electoral College?

By |2020-11-01T19:07:15-06:00November 2nd, 2020|Categories: Constitution, Electoral College, Politics, Timeless Essays|Tags: , |

The modern Electoral College may not be exactly what the Founders intended, but it fits the spirit of their decentralized federal system. During the debates over the ratification of the Constitution, Alexander Hamilton remarked in Federalist 68 that the method of presidential selection was “almost the only part of the system, of any consequence, which [...]

“The Reactionary Imperative” Revisited

By |2020-10-18T16:54:10-05:00October 21st, 2020|Categories: American Republic, Conservatism, Constitution, Government, M. E. Bradford, Politics|

In “The Reactionary Imperative,” Mel Bradford calls for a return to the roots of American order. Sadly, a return to a revised form of the Articles of Confederation is all but impossible. Hope, however, lies in a revivification of the principles of the Old Republicans of Thomas Jefferson’s day. Mel Bradford published a collection of [...]

The Administrative Revolution & the End of Democracy

By |2020-10-07T07:14:07-05:00October 7th, 2020|Categories: Alexis de Tocqueville, American Republic, Civil Society, Constitution, Democracy, Democracy in America, Government, Great Books|

If Alexis de Tocqueville were alive today and observing the situation of America, he would probably not be surprised that the democratic ethos of civil society, the township, and the autonomous local county have been crushed by the royal prerogatives of the executive and the administrative bureaucracy built around it. Most Americans are somewhat familiar [...]

America Must Return to the Noble Traditions of Her Founders

By |2020-12-03T13:36:18-06:00September 27th, 2020|Categories: American Founding, American Republic, Books, Constitution, Declaration of Independence, History, Politics, Slavery|

That it is the founding principles themselves to which we can turn to recover from the great evils of slavery, of the loss of virtue and moral standard, and of grotesque dehumanization should be a measure of the gratitude we owe to our Founding Fathers for their magnificent achievement. Robert R. Reilly is the author [...]

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