Constitution

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 »

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 »