Constitution

Mr. Paul Goes to Washington

Featured image Rand Paul has electrified conservatives nationwide and much of official Washington with his old-fashioned filibuster of President Obama’s nomination of John Brennan to head the CIA. Paul is a libertarian, and his filibuster is a protest against what he views as the Obama administration’s unconstitutional usurpation of power. He is right about the broader point: the Obama administration has a long history of lawless disregard of the Constitution and federal »

That Constitution Thing Again

Featured image As if the DC Circuit Court opinion striking down Obama’s recess appointments weren’t enough of a blow to liberals, there is the fun constitutional controversy over presidential elections bubbling up again.  Liberals who have long hated the Electoral College and want it abolished in favor of direct popular vote are suddenly . . . in love with the EC just as it is.  Why?  Because noises by some solid blue »

A Liberal Comes Clean: We Hate the Constitution

Featured image I frequently bait the law professoriate with the axiom that if you really want to understand constitutionalism, and the U.S. Constitution in particular, don’t take constitutional law at an elite law school.  There you will only receive systematic mis-instruction in the subject.*  Joe Knippenberg reminds me that my AEI colleague Walter Berns always said that the problem with law professors is that they taught constitutional law, not the Constitution.   Hence »

Flanking Maneuvers, Part 2

Featured image A few days ago in “Flanking Maneuvers” I discussed how the states might be where the resistance to Obama might be most dramatic and effective, and pointed to imminent events in Michigan as an example.  The reaction of the Left and their union goons (but I repeat myself) shows how serious they take this challenge to their power.  They’ve reacted with their usual grace and calm reason.  Not.  (Over at »

7th Circuit Finds Constitutional Right to Carry Guns

Featured image Until today, Illinois was the only state that prohibited virtually all residents from carrying firearms, either openly or concealed, outside the home or other narrowly circumscribed locations. This morning a panel of the 7th Circuit Court of Appeals ruled the Illinois statute unconstitutional under two recent Supreme Court cases, District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010). The »

Uncommon Knowledge with Antonin Scalia

Featured image Supreme Court Justice Antonin Scalia visits Uncommon Knowledge for a wide ranging interview including “the living Constitution,” Roe v. Wade, the constitutionality of the death penalty, the proper reading of the Second Amendment, and the true meaning of stare decisis. The occasion of Justice Scalia’s appearance is the publication of his new book, written with Bryan Garner: Reading Law: The Interpretation of Legal Texts. At one point in the conversation, »

Obama Has the Wright Stuff

Featured image Obama famously pronounced that the radical Rev. Jeremiah “God damn America” Wright that emerged in the 2008 campaign “is not the Rev. Wright that I know,” but the new videos suggest that Obama knows exactly who Rev. Wright is, and has no problem with it.  Charles Kesler points out in I Am the Change that a close reading of Obama’s much-praised Philadelphia speech that supposedly threw Wright under the bus »

Holy Mama Cass: What Parallel Universe Is This?

Featured image If you look up “Living Constitution, advocates of,” one of the first entries you will find will be Cass Sunstein, perhaps the most famous (certainly one of the most published) left-leaning legal scholars of our time.  Consider just one of his many titles to get the gist of Sunstein: The Second Bill of Rights: FDR’S Unfinished Revolution and Why We Need It More than Ever.  Do I even need to »

On judicial restraint

Featured image Orin Kerr at the Volokh Conspiracy wonders whether, in the aftermath of the Supreme Court’s decision upholding Obamacare’s individual mandate, liberals and conservatives are about to swap positions on the proper role of the Supreme Court. For decades, Kerr notes, liberals have tend to view the power of judicial review as an unambiguously positive thing. If the exercise of that power entails striking down statutes, then good: it means that »

Hayward on the Interwebs Thursday Afternoon

Featured image So, I’ve had a few curious correspondents noting my absence from the page this week asking: Are you back in Bulgaria?  Is your power out again?  Did we miss another “derecho” storm or something?  Is the surf up in California?  Have you eloped? No to all of the above.  Like two weeks ago when I was teaching an intensive course on foreign policy at the Ashbrook Center in Ohio, this »