Neil Gorsuch will be the next Justice to serve on the Supreme Court. This is no longer in doubt. The use of the filibuster to block the will of the majority of the Senate is dead. To some observers, this is a tragic commentary on our polarized politics. But the truth about the filibuster’s origin
At the Liberty Law Blog, Professor James R. Rogers makes a sweeping claim that Americans no longer believe in the principle of consent ensconced in the Declaration of Independence. While “Americans at the Founding took seriously the idea that their consent could be conferred by their representatives,” Americans today do not. On both left and
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
As Otto von Bismarck several times had occasion to observe, “Politics is the art of the possible.” On at least one occasion he added, “the attainable—the art of the next best.” Since, as Henry Kissinger once observed in a long essay on Bismarck, the Prussian colossus was a “revolutionary” who sought not to “adapt [his]
Neil Gorsuch is no Robert Bork—to the great chagrin of the Senate Democrats who are trying to block his confirmation to the U.S. Supreme Court. Thirty years ago, Senate Democrats derailed Bork’s nomination, claiming the judge’s judicial philosophy of “judicial restraint” was well beyond the mainstream. Today, Democrats are looking for any reason at all
Illegal immigration has plagued the United States for decades. The business, political, media, and academic elite in America today insist that the unfettered movement of all people will, among other things, lead to a greater level of innovation. According to this theory, whenever America becomes less inviting to foreigners, that talent chooses to go elsewhere.
Supreme Court justices sometimes devise overly clever “tests” in their opinions to determine the constitutionality of a law or government action. Here’s my one-pronged (and multi-part) Supreme Court minimal competency test, derived from Abraham Lincoln’s critique of Chief Justice Taney’s opinion in Dred Scot: Was Lincoln right in making the Declaration of Independence the basis of constitutional government?
Congress failed in 1805 to impeach Justice Samuel Chase. But circumstances have changed. The disquieting spectacle of three unelected judges (all appointed by President Barack Obama) enjoining the signature initiative of the newly inaugurated President Donald Trump, without even citing the statute—8 U.S.C. section 1182(f)—that expressly authorizes the action they just stopped, has focused
I suspect that nearly all readers of American Greatness are familiar with John Adams’ famous statement about the rule of law in his Constitution for the Commonwealth of Massachusetts, approved by the voters in 1780. “In the government of this commonwealth,” Adams wrote, “the legislative department shall never exercise the executive and judicial powers, or
The White House on Thursday released what officials variously described as a “skinny budget,” a “hard power budget,” and—most memorably—an “America First” budget that begins “a New Chapter of American Greatness.” (I’m partial to the last one.) As flattering as that sounds, the truth is President Trump’s first budget outline is far from “great.” The