Tag Archives | Constitution

Sohrab Ahmari-ism, Courtesy of David French

The battle between the “liberal” conservatives—that is, those who still believe in free markets and civil liberties—and the illiberal nationalist conservatives has been out in the open ever since Sohrab Ahmari launched a broadside against “David French-ism,” naming the National Review writer as his avatar for the supposed cultural weakness of “classical liberalism.” So a […]

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Salon of the Refused, Episode 11

Episode 11 of my video and podcast series, Salon of the Refused, is now available. I talk with Ilya Shapiro, director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, about the Timbs v. Indiana ruling and the possible revival of the Privileges or Immunities Clause. The conversation includes: the rise of […]

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“I Didn’t Need to Do This”

Five Things You Need to Read Today 1. The National Emergency Emergency I declare a national emergency of presidents declaring national emergencies. Before President Trump declared ordinary conditions on the border to be a “national emergency,” there were already 28 active “national emergencies” giving the president special powers, and most have been in effect for […]

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An Index of Unconstitutionality

I recently said some (more) bad things about President Trump, so naturally the next thing that happens is that I come across news about one of the good things about this administration: Donald Trump has broken a record for the fewest executive agency regulations issued during a year. CEI regulations guru Clyde Wayne Crews Jr. […]

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The Party of Dred Scott

Are Republicans ready to become the party of Dred Scott? I ask because that’s what Michael Anton—a conservative intellectual, former Trump administration official, and fanatical supporter of the president—just advocated in the Washington Post. Even worse, he implies that Trump should do it by executive fiat, in defiance of the Supreme Court. This is not […]

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Freedom Is Indivisible

The biggest news this week is that the left has officially turned against the First Amendment and freedom of speech—and just in time for the Fourth of July! If you’re on the right, it is not news that the left wants to shut us up. The only change is that this goal is being announced […]

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The Supreme Court Completes Its Inversion of the Commerce Clause

In its ruling on South Dakota v. Wayfair—basically, the ruling that means you will now have to pay goddamned sales tax on everything you buy online—the Supreme Court has completed the long arc of its interpretation of the Interstate Commerce Clause. It has taken a constitutional provision whose original purpose was to limit the power […]

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Donald Trump’s One-Man Trade War

Even the New York Times has been forced to recognize the totally surprising, unexpected, and completely predictable fact that Donald Trump’s anti-regulation drive has been a big boost to the economy. One of the main reasons is an increase in certainty for businesses. Even if existing regulations are not really being rolled back, at least […]

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“The Advantage of Being Armed”

Editor’s Note: Subscribers may recognize that the article below is partially based on comments I published last year in response to a controversy within the Objectivist movement. I was motivated to expand this to a larger piece, not just because it is relevant to the wider debate right now over gun control, but also because […]

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Gerrymandering the Electorate

The events since the Parkland shooting have convinced me that we need to change the Constitution to eliminate an ill-considered Amendment that has done more harm than good. We need to repeal the 26th Amendment and raise the voting age back to 21. That’s the opposite of what a lot of people are advocating. Seeing […]

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