The ‘Hundred Days’ Humbug

President Trump is criticized for things he has done and for things he has left undone. What is unreasonable is the additional arbitrary standard to which he, like all modern presidents, is held liable: what he has accomplished, and failed to, in his first hundred days in office. Why is the figure of

By | 2017-04-28T23:18:49+00:00 April 27th, 2017|

How the Obama Precedent Empowered Trump

Donald Trump was elected president by sizing up the Electoral College, and the voting public, and then campaigning accordingly. A number of the things that explain Trump’s election also point to unique opportunities to overturn the Obama legacy. This, in turn, explains why the Left is understandably upset about the unprecedented scope of

By | 2017-04-28T21:28:12+00:00 April 27th, 2017|

How to Actually Fix SCOTUS

Judge Gorsuch of the Tenth Circuit Court of Appeals has recently been confirmed as Justice Gorsuch of the United States Supreme Court. Since then, there have been laments in the pages of The New York Times that the Supreme Court is “broken,” while others insist that the Court’s politicization and status as a

By | 2017-04-21T16:37:31+00:00 April 16th, 2017|

Crime, the Gallows, and Trump

  In Henry Fielding’s novel Tom Jones, one Ensign Northerton quarrels with our hero and, without warning, deals him a seemingly mortal blow. Placed under arrest, the assailant begins to consider the consequences of his crime. Fielding writes that Northerton: had a great antipathy to those close winter quarters in the Castle of

By | 2017-04-21T00:01:19+00:00 April 13th, 2017|

Judicial Independence in the Government of the People

The most critical form of judicial independence, that is the independence to decide the law in a fair and impartial way even if that means deciding it in favor of a hated accused criminal, is rarely defended in popular media. But the concept is very popular  when used in favor of progressive political preferences, to

By | 2017-04-11T04:02:14+00:00 April 8th, 2017|

What Plagues Gorsuch’s Critics is Ignorance, Not Originalism

Ken Levy, an associate professor of law at Louisiana State University, recently took to the pages of the New York Times to lend his voice to the fevered, en vogue, and media-driven fusillades against Supreme Court nominee Judge Neil Gorsuch and his judicial philosophy: originalism. He also echoed Senator Diane Feinstein who, last week, smeared

By | 2017-04-03T06:55:45+00:00 April 1st, 2017|

The Supreme Court Plays Fast and Loose with the Eighth Amendment

Tuesday’s Supreme Court ruling represents another victory for Progressive liberalism’s “post-constitutionalism.” The case, Moore v. Texas, affirmed prior holdings that mentally challenged individuals cannot be subjected to the death penalty without violating the Eighth Amendment’s ban on “cruel and unusual punishment.” The case involved a death penalty case from Texas involving a conviction for murder

By | 2017-04-04T13:34:26+00:00 March 30th, 2017|

Constitutional Buffoonery from the Federal District Courts

The temporary nationwide injunctions placed on President Trump’s most recent executive order, issued March 6 (“Protecting the Nation from Foreign Terrorist Entry into the United States”) by two federal district courts are the latest skirmishes in progressive liberalism’s war against the idea of the sovereign nation-state and the exclusive citizenship that attaches to “separate and

By | 2017-04-03T05:45:59+00:00 March 27th, 2017|