“Dred Scott” is a landmark decision because it answered questions regarding slavery that the Supreme Court had not previously addressed. It is also one of the most infamous decisions, furthering the great divide facing the nation regarding the question of slavery and moving the country further down the path toward the Civil War. Dred Scott [...]
President Joseph Biden’s creating and inserting of his student loan forgiveness program, which his Department of Justice solicitor general accurately just called a “benefit” program, into last fall’s midterms elections received a thorough hearing in the Supreme Court on Tuesday. In defense of the program, the government’s case turned on what statutory words normally mean [...]
James Harrington insists on the possibility of an empire of laws. The claim that institutional arrangements can force self-interested behavior to serve the common interest underlies the system of separated powers and checks and balances central to the American constitutional order. But is he right? Can this theory of “dividing-and-choosing” give us confidence? “Two [girls] [...]
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 constitutional inheritance is not merely a gift to be expended or consumed; it is a responsibility to be stewarded. This sense of intergenerational obligation—debts to the past and future—is the most solid and powerful grounding for originalism and respect for constitutional form. Today’s offering in our Timeless Essay series affords our readers the opportunity [...]
Even before the spectacle of Christine Balsey Ford's testimony before the Senate Judiciary Committee, the hearing for President Trump’s nominee to the U.S. Supreme Court, Brett Kavanaugh, was characterized not by political acumen, wit, cunning, or prudence, but by partisan obstruction, lawlessness, tantrums, hysteria, ignorance, frenzy, and anger. Protestors screamed vulgarities and trite slogans, proving [...]
The dual hearing of Christine Blasey Ford and Judge Brett Kavanaugh is portrayed as a mere "he said/she said," with the result hinging on relative credibility. Both appeared credible. But many liars and deceivers appear credible. That is part of our sinful condition. As the Bible says, "The heart of man is deceitful and desperately [...]
Until individuals, families, institutions, and government are restored to their proper roles, America will continue crashing through the debt ceiling… It is official: The national debt has now exceeded $21 trillion. The tragic news comes just six months after it hit $20 trillion last September 8. This problem is obviously not going away. By voting to suspend [...]
In the wake of President Trump’s decision to rescind DACA, prominent voices have been raised in moral indignation, painting him as a villain. But is that characterization fair? Much of the Catholic world is in an uproar over President Trump’s decision to phase out the DACA (Deferred Action for Childhood Arrivals) order enacted by former [...]
The constitutional inheritance is not merely a gift to be expended or consumed; it is a responsibility to be stewarded. This sense of intergenerational obligation—debts to the past and future—is the most solid and powerful grounding for originalism and respect for constitutional form… The essential question confronting American conservatism is what, precisely, it aspires to conserve. [...]
President Trump and many “conservative” Members of Congress believe that it is the duty of the federal government to see to it that every American receives healthcare, regardless of cost. Anyone opposing the healthcare entitlement must be willing, or even happy, to see people die in the streets… There is much noise coming from Washington [...]
We Americans are no longer members of a consensual society, devoted to limited government and the rule of law. So, is the filibuster still a guardian of our freedoms?… After eight years of the most radical President in American history, our “fundamentally transformed” nation can no longer afford to allow use of the filibuster for [...]
“Pat, sometimes it seems like our friends want me to go over the cliff with flags flying,” President Reagan once told me. Today, it is “Bibi” Netanyahu and the neocons howling “kill the deal” and “bomb Iran” who are shoving the Republican Party toward the cliff. The question, which may decide 2016, may be framed [...]
With Hillary Clinton scrambling to explain her missing emails, much of America is wailing, “Please don’t make us watch this movie again!” Why, then, would the Republican Party, with a chance to sweep it all in 2016, want to return us to the nightmare days of George W., which caused America to rise up and [...]