War Powers
This isn’t Defense. It’s the Constitution Betrayed.
He wanted a president for life – the ultimate big-government founder. Yet Alexander Hamilton’s position on war powers makes every modern president look like theyโve completely betrayed the constitution. The standard they buried. Original sources. Direct...
Originalism, Nonoriginalism and Venezuela
From an originalist perspective, I think itโs clear that President Trump did not have the constitutional power to take the actions he took against the Maduro government in Venezuela. As argued at lengthย here, the Constitution allocates to Congress โ and by implication...
A Trumpian Headache
President Donald Trump’s use of the U.S. military to kill persons on speed boats in international waters, or in territorial waters claimed by other sovereign nations โ all 1,500 miles from the U.S. โ has posed grave issues of due process. The...
When States Had Backbone: The Militia Showdown They Never Teach
Does the federal government have unilateral power to call forth the militia? During the War of 1812, New England states not only said no, but they used the principles of the 10th Amendment to actively interpose and resist federal demands for mobilizing the militia....