We now have a glimpse of the War Powers Resolution promised by Sen. Tim Kaine (D., Va.), which is reportedly scheduled for a vote in the Senate on Tuesday. The resolution purportedly ends all combat operations against Iran … until you reach the very end where there is a hole that you could drive a combat task force through. Continue reading “More Bark Than Bite: Kaine’s War Powers Resolution is an “Imminent” Failure”
Category: Constitutional Law
There was an important ruling last week by Magistrate Judge William B. Porter of the Eastern District of Virginia in favor of the press regarding the handling of files and materials taken in a search of the home of a Washington Post reporter. Judge Porter ruled against the Trump Administration in what he called an “unsupervised, wholesale” search of the files of Hannah Natanson, who covers the federal government for The Post. Instead, the court itself will conduct the review in camera. Continue reading “Court Rules for Washington Post Reporter in Major Win for the Press in National Security Case”
Below is my column in Fox.com on the move this coming week to introduce a war powers resolution to end the attacks in Iran. The task, however, will be far more challenging in light of the escalation of hostilities. With the loss of American personnel, the choice is even more stark politically for these members. President Donald Trump has left Congress with only fight or flight options. Continue reading “Fight or Flight: How Trump Boxed in Congress on War Powers”
The Wall Street Journal just published a comprehensive book review of Rage and the Republic: The Unfinished Story of the American Revolution. It is a thoughtful and well-written discussion of the book that I recommend to readers. Continue reading “Wall Street Journal Reviews “Rage and the Republic””
Below is my column on Fox.com on the legal authority for Operation Epic Fury. There are good-faith arguments that such attacks should require declarations of war. However, President Donald Trump can rely on his predecessors, including Presidents Clinton, Obama, and Biden for the authority to carry out these attacks.
Here is the column: Continue reading “Epic Fury: Trump Can Rely on Past Democratic Presidents for the Authority to Attack Iran”
Below is my column on the tariff decision and the question of who will pay the costs in the aftermath of the decision. While many Democratic politicians and pundits were positively gleeful about the costs, any refunds or policy changes are unlikely to follow anytime soon.
Here is the column: Continue reading “The Supreme Court has Ruled on Tariffs, but Who Will Ultimately Pay?”
Last year, I wrote a column expressing concerns over the move to release the Epstein files en masse, including grand jury material. The files include a wide range of tangential figures and unsupported allegations common to criminal investigations. Politicians eager to capitalize on the scandal would likely show little concern for the underlying facts in “outing” names and repeating unproven allegations.
That fear was realized this week with the chest-pounding speech of Rep. Ro Khanna (D., Cal.) on the House floor in which he took credit for outing six “wealthy, powerful men” who he suggested were actively shielded by the DOJ from public exposure. After the DOJ unredacted the names at his request, he read them on the floor. It turns out that four have nothing to do with Epstein. Continue reading “Ro Khanna and the Impunity of “Wealthy, Powerful Men””
In August, some of us expressed doubts over the ruling of San Francisco-based U.S. District Judge Trina Thompson enjoining an effort to end Temporary Protective Status (TPS) for migrants from different countries, citing sufficient racial animus. Now, a unanimous panel just stayed that order in a major win for the Trump Administration, which will now be allowed to revoke deportation protections for citizens from Nicaragua, Nepal, and Honduras. Continue reading “Ninth Circuit Lifts Injunction on the Trump Administration Over Ending Temporary Protective Status for Immigrants”
California Gov. Gavin Newsom has become increasingly Orwellian in his declarations of success. Last week, Newsom was proclaiming the great success of his high-speed train to nowhere – a project delayed by decades, reduced to a fraction of the original plan, and set to cost tens of billions over budget.
This week, he is proclaiming victory after a court struck down his signature law requiring federal agents to unmask. The preliminary injunction issued Monday by Senior status Judge Christine Snyder against California’s No Secret Police Act was a victory for the Trump Administration. However, it should still appeal Judge Snyder’s flawed decision. In other words, the Administration won for the wrong reason. Continue reading “The Trump Administration Just Won the Mask Decision . . . Now it Should Appeal”
I am delighted that the New York Post decided this week to run a long excerpt from my new book, “Rage and the Republic: The Unfinished Story of the American Revolution.”
I wanted to share the full excerpt and a clip from the audiobook below. Continue reading “New York Post Publishes Long Excerpt From “Rage and the Republic””
Below is my column in The Hill on the importance of capitalism to not just the foundation but the future of our Republic. The Trump Accounts could prove critical in the revival of capitalism in the United States.
Here is the column: Continue reading “Adam Smith and The Importance of Capitalism in the Founding and the Future of the American Republic”
With polling showing over 80 percent of Americans in favor of voter ID laws, it is hard to come up with reasons why you need an ID to board a plane but not vote in a federal election. That was particularly glaring this week when Sen. Jon Ossoff (D-Ga.) required people to show an ID to attend his campaign events after opposing an ID requirement to vote. So if you want to hear Ossoff speak against voter ID, you will have to show your ID. Now Rep. Jamie Raskin (D-MD) has a rather bizarre argument: the Safeguard American Voter Eligibility (SAVE) Act, if passed, would likely violate the 19th Amendment to the Constitution. Continue reading “Raskin: Voter ID Law May Violate the 19th Amendment in Denying the Vote to Women”
Below is my column in Fox.com on my book, Rage and the Republic, which Simon & Schuster released today. The book discusses the increasing talk of revolutionary change on the left, a crisis of faith on the 250th anniversary of our Declaration of Independence.
Here is the column: Continue reading “Rage and the Republic: The Rise of the American Jacobin”
Today, my book, Rage and the Republic: The Unfinished Story of the American Revolution, has finally hit the shelves. I am delighted to report that the book opened the week on Monday at 4th on Amazon’s bestsellers before the release. It was also ranked 1st on the History, Constitutions, Democracy and other subject categories. I am deeply grateful to everyone who has ordered the book, which was released to coincide with our 250th anniversary of the Declaration of Independence. Continue reading “Rage and the Republic Becomes an Amazon Bestseller on First Day”
In a significant victory for the Trump Administration, a panel of the United States Court of Appeals for the Eighth Circuit lifted the injunction of U.S. District Judge Katherin Menendez, who prevented officers from arresting, detaining, pepper-spraying or retaliating against protesters in Minneapolis without probable cause.
Continue reading “Trump Administration Wins Appeal of ICE Injunction in Minnesota”