Constitution

Mosby so far [With Comment by John]

Featured image Baltimore state’s attorney Marilyn Mosby has charged six Baltimore police officers with serious crimes in connection with the death of Freddie Gray on April 19. The New York Times account of the charges is here. The Washington Post enumerates the charges here and takes a look at Ms. Mosby here. The charges quickly followed both Gray’s death and the rioting of the mob in Baltimore. Ms. Mosby’s announcement of the »

Justice Kennedy sends mixed signals during argument on gay marriage

Featured image Today, as I mentioned here, the Supreme Court heard oral argument in Obergefell v. Hodges in which the issue is whether same-sex couples have a constitutional right to be deemed by the state “married” if that’s what they want. Lyle Denniston of Scotusblog filed this report on the argument. The Washington Post’s account is here. The argument confirmed the impression that the decision will be 5-4, with Justice Kennedy casting »

Justice Kennedy and gay rights

Featured image As I begin typing this, the Supreme Court is in the middle of oral argument in Obergefell v. Hodges, the gay marriage case. You can follow the progress of the argument at Scotusblog. Personally, I am not opposed to changing the definition of marriage to encompass same-sex unions. I consider this a low-risk accommodation to the reasonable desires of a large segment of our fellow Americans. But a change of »

Justice Alito on “The Constitution: An Introduction”

Featured image Michael Stokes Paulsen is the University Chair & Professor of Law at the University of St. Thomas in the Twin Cities. Through his contributions to professional publications, he has emerged as one our foremost scholars of American constitutional law. As of May 5, Professor Paulsen is also the co-author, with his son, Luke Paulsen, of The Constitution: An Introduction. The book’s Web site is online here. United States Supreme Court »

The Obama Administration’s Attack on the Constitution: Part 1, Immigration

Featured image When the history of Barack Obama’s presidency is written, his unrelenting attack on the Constitution will perhaps be the blackest mark against it. Our constitutional system is, in the end, fragile. It can scarcely withstand the repeated assaults, over a period of eight years, of an executive determined to ignore the law. Immigration is one of a number of areas where Barack Obama has trampled the Constitution without even the »

A Modest Proposal For Amendments to the Constitution

Featured image Barack Obama’s scofflaw administration has revealed some ambiguities or omissions in our Constitution–loopholes, if you will–that should be closed via constitutional amendment, to eliminate the possibility that future administrations may also act lawlessly. I have in mind three amendments that should accomplish that purpose. First, President Obama has asserted the power to issue decrees or executive orders that have the force of law. This seems plainly at odds with the »

Is Lindsey Graham a victim of “McCarthyism”?

Featured image He seems to think so. Responding to criticism by opponents of the Loretta Lynch nomination, Sen. Graham complained: Joe McCarthy said, if you don’t agree with me that that guy is a communist, then you’re a communist. I don’t buy that kind of logic. I don’t support the executive order. I don’t know whether McCarthy made the argument Graham ascribes to him, but opponents of the Lynch nomination aren’t using »

Disparate impact’s day in court

Featured image Yesterday, the Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. The issue presented is whether claims of “disparate impact discrimination” can be brought under the Fair Housing Act (FHA). As I explained here, disparate impact discrimination occurs when a policy disproportionately excludes or injures a particular group and the policy is not shown to be justified by legitimate interests. »

A day of reckoning for “disparate impact” housing discrimination cases

Featured image Next Wednesday, the Supreme Court will hear oral argument in a Texas case in which the issue is whether claims of “disparate impact discrimination” can be brought under the Fair Housing Act. The case is Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. “Disparate impact discrimination” occurs when a policy disproportionately excludes or injures a particular group and the policy is not shown to be »

House Votes to Restore Constitution

Featured image Following up on promises made during last year’s lame duck session, the House voted today to fund the Department of Homeland Security, and to prohibit spending to further President Obama’s illegal orders on immigration. The final vote was 236-191. The original DHS appropriations bill is here; the amendments that prohibit unconstitutional spending are here. The two principal amendments would bar DHS and other federal agencies from spending money to carry »

Obamnesty, what to do

Featured image There are as many ways to express disgust with President Obama’s unlawful amnesty as there are talented conservative pundits prepared to write about it. The real question is what, if anything, can be done to negate the amnesty. Impeachment is not the answer. The votes don’t exist to remove Obama from office. Nor should Republicans attempt impeachment. Doing so would probably hurt Republican standing in the run-up to the crucial »

Day of infamy, part 2

Featured image Megyn Kelly played a particularly effective video compiling statements of President Obama against the exercise of executive authority regularizing millions of illegals — precisely what he is about to do. The video is posted at here at Fox News Insider, which introduces it as follows: For years, he has called such action illegal; in fact, “The Kelly File” found 25 instances in which Obama said so on camera. “Today we »

Day of infamy

Featured image FDR famously characterized December 7, 1941, as a date that would live in infamy because of Japan’s attack on Pearl Harbor that day. By the same token, Barack Obama’s willful attack on the Constitution marks today as a date that will live in infamy because of the president’s willful violation of the limits on his power. (“Infamy” is the word that Peter Wehner attaches to Obama’s forthcoming action.) A certain »

Obama then and now

Featured image As John points out in the adjacent post, Nancy Pelosi now pretends not to know who the irrepressible Obamacare architect Jonathan Gruber is. Exercising her power as Big Sister, Pelosi has sent Gruber down the memory role. In his own way, Barack Obama raises an even more interesting epistemological issue. Obama? Obama? Who’s Obama? That’s the question that Obama’s previous disquisitions on the constitutional limitations on presidential authority raise in »

Leading Dem insider: Save America; scrap the Constitution

Featured image Harry Reid is a determined radical, intent on limiting freedom, overturning American traditions, and remaking our institutions in the name of crushing the opposition and empowering the left. His attempt to amend the First Amendment to curb free speech is a natural extension of his obliteration of longstanding Senate rules that promote deliberation and minority input. But Reid seems almost moderate by left-wing Democrat standards. Take Donna Brazile, vice-chair of »

Ordinary politics as corruption: the left’s new totalitarian hobby horse

Featured image Whatever one thinks about the conviction of former Virginia Gov. Robert McDonnell on fraud and extortion charges, there is little doubt that the legal theories that produced the conviction blur the distinction between criminal corruption and ordinary politics. Indeed, it is my view that the left sees no such distinction. To the extent that ordinary politics stands in the way of its agenda, the left perceives ordinary politics as, at »

Theory of the coup

Featured image Ross Douthat’s New York Times column this past Sunday eloquently warned against Obama’s threatened coup with respect to immigration law. Douthat characterized the action threatened by anonymous White House leakers as “executive fiat.” Douthat rightly condemned the threatened action as “lawless, reckless, a leap into the antidemocratic dark.” University of Chicago Law School Professor Eric Posner comes to Obama’s defense and responds to Douthat in the New Republic column “Obama »