The Rule of Law

The greatest distinguishing factor between countries in which there is some freedom and those where authoritarian governments manage personal behavior is the Rule of Law. The idea that the very laws that the government is charged with enforcing could restrain the government itself is uniquely ...

Bad Days for Freedom

Presently in America, nearly half of all households receive either a salary or substantial benefits from the government. Presently in America, nearly half of all adults pay no federal income taxes. Presently in America, the half that pay no income taxes receive the bulk of their income courtesy of ...

A Vast New Federal Power

If you drive a car, I’ll tax the street, If you try to sit, I’ll tax your seat. If you get too cold, I’ll tax the heat, If you take a walk, I’ll tax your feet. —The Beatles in “The Taxman” Of the 17 lawyers who have served as chief justice of the ...

Restraining Arizona, Unleashing the President

When the Obama administration decided that it had no interest in preventing the movement of undocumented aliens from Mexico into the southwest United States, the State of Arizona decided to take matters into its own hands. Based on a novel theory of constitutional law, namely, that if a state is ...

Barack Obama

Can the President Rewrite Federal Law?

Here we go again. Is the Constitution merely a guideline to be consulted by those it purports to regulate, or is it really the supreme law of the land? If it is just a guideline, then it is meaningless, as it only will be followed by those in government when it is not an obstacle to their purposes. ...

Squealing Versus Killing

If you are still listening to those in the political class who are falling over each other to condemn leaks from the government to the media, you’d think the leaks had revealed private information in which the public has no legitimate interest, or perhaps a planned secret government mission ...

What if the Constitution No Longer Applied?

What if the whole purpose of the Constitution was to limit the government? What if Congress’s enumerated powers in the Constitution no longer limited Congress, but were actually used as justification to extend Congress’s authority over every realm of human life? What if the president, ...

Congress and Secrecy

You know this story. Congress cannot get its act together, again. It is facing a government shutdown by this Saturday, again. It has retreated to secrecy, again. It seems redundant and ridiculous to say “here we go again,” and yet that’s what’s happening. Congress, which is ...