Constitution

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 »

President . . . Mike Pompeo?

Featured image As I’ve been watching all the commotion of possible election chaos in November, and the various wild scenarios being played out involving military coups, or the ascension of Speaker Nancy Pelosi to the presidency on January 20 if the election is somehow not settled by then. I’ve been pondering one possibility that I’m surprised has drawn little attention. And it is quite relevant to the demands some Democrats apparently want »

Podcast: The Three Whisky Happy Hour—”The Frigate 93 Election?”

Featured image I know we promised listeners that last week’s episode would be the beginning of a three-part series on liberal education rightly understood, but the passing of Justice Ginsburg has thrown us off our plan. But rather than go in for the usual punditry about confirmation battles and the effect this will have on the election, Lucretia and I decided to step back and take on a truly radical perspective on »

Federal Judge Rules Pennsylvania’s Stay-Home Order Unconstitutional

Featured image Over the last six months, many have wondered: how can governors issue executive orders closing businesses and directing us to remain in our homes, except as the government permits us occasional outings? What happened to the Constitution? Federal judge William Stickman addressed those questions today, as he ruled substantial portions of Pennsylvania Governor Tom Wolf’s shutdown orders unconstitutional: The declaratory judgment says “(1) that the congregate gathering limits imposed by »

PL Podcast: The Three Whisky Happy Hour, with Guest Bartender John Yoo

Featured image Settle in for an extra-long bonus episode, as Lucretia and I depart from our nascent Islay-Highland-Irish whisky flight format because we have a guest bartender and malt master on with us for this weekend’s episode—John Yoo! John not only knows the deep history of fine Japanese whiskies, but also the Constitution and presidential power. He has a terrific new book coming out on Tuesday, Defender in Chief: Donald Trump’s Fight »

DOJ defends fairness in sports

Featured image Earlier this year, Idaho enacted the Fairness in Women’s Sports Act. It goes into effect next month. The Act contains two main provisions. First, covered athletic teams shall be expressly designated as one of the following based on biological sex: (a) Males, men, or boys; (b) Females, women, or girls; or (c) Coed or mixed. Second, “[a]thletic teams or sports designated for females, women, or girls shall not be open »

“Americans Don’t Get Ruled”

Featured image Michael McHaney is a state court judge in Clay County, Illinois. On Friday, he ruled from the bench in a case brought by a Clay County small business owner against Illinois Governor J.B. Pritzker, contesting the validity of Pritzker’s shutdown order. Via RedState, these are excerpts from Judge McHaney’s ruling: Since the inception of this insanity, the following regulations, rules or consequences have occurred: I won’t get COVID if I »

Normal Americans Consider the Shutdown

Featured image Rebellion against governors’ irrational and unscientific shutdown orders is growing across the country. As we have noted before, the revolt is especially strong in rural areas. What is striking is how sane and thoughtful the critiques from red America are, compared with the submissive hysteria that dominates most urban areas. This is just one example among many, an account in the Mille Lacs Messenger, a central Minnesota newspaper, of a »

Trump/Barr DOJ strikes another blow for religious freedom [UPDATED]

Featured image In response to the Wuhan coronavirus, Breea Clark, the Democrat mayor of Norman Oklahoma, locked the city down. When she decided gradually to reopen Norman, the ban on churches and other houses of worship from holding religious services — as well as a general ban on “large gatherings” — remained in place. Restaurants, retail stores, and salons were allowed to reopen if they adhered to social distancing policies, but regular »

Appeals court invents fundamental right to a basic minimum education

Featured image The U.S. Court of Appeals for the Sixth Circuit, in an opinion signed by a pair of judges appointed by Democratic presidents, has found that the U.S. Constitution somehow confers on citizens a fundamental right to an education that “plausibly provides access to literacy.” Judge Eric Murphy, an excellent Trump appointee, dissented. The lawsuit arises out of Detroit, Michigan. The plaintiffs are students in Detroit’s worst performing schools. They claim »

Common sense about states rights during a pandemic

Featured image Attorney General Barr went on Hugh Hewitt’s radio show yesterday. He discussed possible conflicts between federal law and what state governors are doing in response to the Wuhan coronavirus. Barr stated: Well, they can be in tension, and there are potentials for collision. I think you know, when a governor acts, obviously states have very broad police powers. When a governor acts, especially when a governor does something that intrudes »

More Online Resources to Pass the Time

Featured image Two items to help you pass the lockdown. I have started rolling out for VIP members a few short custom videos drawn from my classes that many readers have long asked for, with more to come, but I decided I would share with all of our readers my most recent short background video (10 minutes) that I prepared for my students about the famous 1978 Penn Central case, which is »

Hayek on Emergency Powers of Government

Featured image People are rightly wondering about the legal and constitutional authority to impose strict lockdowns on both the population and the economy, and more broadly wondering whether, like “emergencies” in the past, our current response will lead to a permanent expansion certain kinds of government power (and spending!), and thus yet another ratchet to larger government and a further diminution of individual liberty. Many “temporary” measures and policies seem to have »

House lacks standing to enforce McGahn subpoena, appeals court rules [UPDATED]

Featured image As Scott noted this post, the U.S. Court of Appeals for the District of Columbia ruled yesterday that that Article III of the Constitution forbids federal courts from resolving the dispute between the House of Representatives and the executive branch over whether former White House Counsel Don McGahn must comply with a subpoena to testify before the House. The decision is, of course, a victory for President Trump. It means »