Most governments in human history presume that the government is all-powerful, and then carves out certain restrictions where it cannot act. Our constitution does exactly the opposite.
Harvard’s Laurence Tribe turns Clarence Thomas and his recent dissent in the Pennsylvania election case into a cartoon caricature. This is sophistry, not legitimacy.
Federalism is like a diet and the coming entitlement crisis may yet make federalism weight watchers of us all.
Instead of criminalizing our sharp political differences, we can restore them to the political realm.
Simply put, it is too easy to vote.
The successful public relations campaign against the Electoral College means there will be little outrage over compromising a process that the Democrats already consider illegitimate.
What remedy do democratic systems provide for a corrupt and tyrannical people?
Democrats and President Obama abandoned prudence as part of political persuasion in 2016 and so they failed to get their nominee confirmed. Now they are angry that Republicans and President Trump are using it effectively.
Opposition to the degrading ethos of proceduralism is precisely why Trump was elected and has the support he has.
Today’s anti-racists share in common the zeal of yesterday’s temperance advocates. For the fundamental evil of reformist revolutionaries is certainly not being drunk on alcohol but rather being drunk on power.
The right to recall can be enacted and states should take the lead to regain power over the swamp.
Even all the powers of a concentrated, entrenched establishment, corrupted political institutions, and monopolized media and education systems could not defeat the Madisonian constitutional system.
Reversing the administrative state will take a major effort. Recognizing that it exists and that it is not merely unconstitutional but in fact anti-constitutional is at least a beginning.
Too often the courts have deferred to executive branch officials, acting through the administrative state—or “the swamp,” as President Trump likes to call it. That may be about to change.
Article II gives the president sweeping powers to conduct foreign affairs and negotiate with leaders of other nations. It does not grant any such power to unelected bureaucrats to act in ways that demonstrate they approve or disapprove of foreign policy—even when they are "deeply troubled" by it.
Instead of conservatives becoming government cheerleaders for a Republican in the White House, hostility to the Republican president from the deep state has fueled an even deeper and more thoroughgoing skepticism of government power among Trump’s supporters.
In defense of the U.S. Constitution.
Our Constitution does not guarantee unanimity. That would risk tyranny. But it affords an opportunity for justice and the general good to prevail.
Losing democratic control over the intelligence community would be the end of self-government.
In the wake of the Gilroy, El Paso, and Dayton shootings, politicians and the press are calling for assault weapons bans and "red flag" laws. Surely, though, guns aren't the only objects in need of banning. Here are a few modest proposals.