Constitution

Supreme Court blocks Biden’s eviction moratorium

Featured image The Supreme Court today blocked the Biden administration’s lawless moratorium on evictions. You can read the opinion and dissent here. Even if one believes that the moratorium constitutes good public policy, it seems beyond dispute that the executive branch lacks the power to mandate it. As the majority of Justices said in their unsigned opinion, “If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.” Biden »

Biden reverses course and extends eviction moratorium

Featured image The Washington Post reports that Joe Biden, bowing to pressure from the left, will extend the moratorium on evictions, after all. Initially, Biden had refused to do so because, as he acknowledged, he quite plainly lacks that authority. But now, he has decided to violate the law — indeed, the Constitution — and extend the moratorium. The Post states: The Biden administration has repeatedly insisted that it lacked the legal »

Feddie Night Fights, FedSoc Style

Featured image Forget Friday Night Lights. How about Feddie Night Fights—Federalist Society style? Two weeks from now, on Wednesday June 30 at 8 pm eastern time, I’ll be refereeing a Federalist Society student division online webinar on the issue of whether the Declaration of Independence should inform judicial interpretation of the Constitution. This is a live issue on the right, and I’ve written an outline of the two sides of this issue, »

Is Race Discrimination Illegal?

Featured image Most Americans naively believe that the 14th Amendment precludes our governments from discriminating on the basis of race. Sadly, that isn’t how the courts see it. Nevertheless, race discrimination is at least sometimes illegal, as a panel of the Sixth Circuit Court of Appeals held yesterday. The case relates to Joe Biden’s Restaurant Revitalization Fund, the terms of which are discriminatory. Hans Bader has the story: On Thursday, a federal »

The D.C. statehood gambit

Featured image Democrats seem intent on using the events of January 6 as a sort of Reichstag fire on which they can predicate a one-party state. They have H.R. 1. to federalize election law and facilitate fraudulent voting. They seek to pack the Supreme Court. And they propose turning the District of Columbia into a state. The D.C. statehood gambit has been around for a long time, but it answers to the »

Globalist dogma means the end of America, and for many that’s the goal

Featured image John Fonte has written an excellent article called “End Nationalism, End America.” For many on the left, that’s the point. They may dislike nationalism, but what they really can’t stand is America. Their target isn’t the nation state; it’s our nation state. That’s why they want to cede as much of our sovereignty as they can get away with to international bodies. Fonte writes: If progressive liberal esteem for the »

Washington: State, University, Statue

Featured image From the University of Washington, located in the State of Washington, comes news of leftist students wanting to tear down a statue of George Washington: The University of Washington’s Black Student Union has garnered nearly 8,000 signatures on a petition that demands the school remove a statue of George Washington, the school’s – and the state’s – namesake. Why? The usual: Statues in place at the University of Washington are »

Remembering the indispensable man

Featured image Today we celebrate the anniversary of the birth of George Washington. Of all the great men of the revolutionary era to whom we owe our freedom, Washington’s greatness was the rarest and the most needed. At this remove in time, it is also the hardest to comprehend. Take, for example, Washington’s contribution to the Constitutional Convention of 1787. Washington’s mere presence lent the undertaking and its handiwork the legitimacy that »

CRB: The Electoral College by dawn’s early light

Featured image This morning we conclude our preview of the new (Winter) issue of the Claremont Review of Books. Taking a rounded look at the presidential election and its aftermath, we have featured four essays directed at those with an open mind who seek to understand what happened. The posts featuring the essays earlier this week are here (Charles Kesler, “After January 6th”), here (Andrew Bush, “Why Trump lost”), here (William Voegeli, »

Richard Burr puts “Senate precedent” above the Constitution

Featured image Today, Sen. Richard Burr joined six other Republicans in voting to convict President Trump of an impeachable offense. I understand the vote of the other six and consider it defensible, though not how I would have voted. Unlike the other six, however, Burr previously voted that the trial should not proceed because it is unconstitutional to impeach a president who is no longer in office. But now, Burr has voted »

How much protection does Section 230 really provide Big Tech?

Featured image Big Tech companies, including Google and Twitter, are pulling the plug on disfavored posts, websites, and even people. They rely on section 230 of the 1996 Communications Decency Act to justify censorship. One way around section 230 is to enact state laws that ban viewpoint discrimination by tech companies. I discussed that project here and here. John followed up with this post about his efforts to advance such legislation in »

Rand rules

Featured image Chief Justice John Roberts will not preside over the Senate impeachment trial of President Trump: the text of the Constitution only requires the Chief Justice to preside over the trial of “the President.” The text of the Constitution only requires the Chief Justice to preside over a Senate impeachment trial of “the President.” Trump is no longer “the President.” Roberts’s presence is therefore not called for. Will private citizen Trump »

Roberts rules

Featured image Today comes word via Senator Rand Paul that Chief Justice Roberts will not preside over any Senate impeachment trial of President Trump: the text of the Constitution only requires the Chief Justice to preside over the trial of “the President.” Trump is no longer “the President.” Roberts’s presence is therefore not called for. Trump is of course a private citizen at this point. The constitutional text does not appear to »

Havens Garden Defies Shutdown Order

Featured image I wrote here about Larvita McFarquhar, a single mother who owns a bar and restaurant called Havens Garden in Lynd, Minnesota, a town of 448 in the southwestern part of the state. McFarquhar announced on Facebook that her establishment would be open for business with music and food service from 9 to 11 last night, despite last week’s order from Minnesota’s governor purporting to close all bars and restaurants and »

Podcast: The Three Whisky Happy Hour, with Uhlmann to the Rescue

Featured image If Trump wins the electoral college again on Tuesday while losing the popular vote (perhaps by a bigger margin than he did in 2016), the left will lose its mind. Well that’s a given, but they’ll really lose their mind about the electoral college. After hoisting a couple of toasts to the passing of Sean Connery and a second sour whisky shot for Britain going back on COVID lockdown, “Lucretia” »

Liberals Confirm They Hate the Constitution

Featured image Forget court-packing, abolishing the electoral college, or adding Puerto Rico and DC as states to provide more Democrats in the Senate (which they’d like to abolish in any case if they could): their real target is the Constitution itself. Apparently it isn’t “living” enough for the left, so they want to kill it completely. The New Republic magazine makes this abundantly clear in an article just out called “The Constitution »

The 25th for the 250th Time

Featured image News out today is that Nancy Pelosi wants to establish a commission that would evaluate the fitness of a President under the terms of Section 4 of the 25th Amendment: The legislation would create a commission to allow Congress to intervene under the 25th Amendment to the Constitution and remove the president from executive duties—with just 25 days to go before the Nov. 3 election. However, Pelosi suggested that the »