“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
First came 9/11, which the government used to transform itself into a police state. Then the COVID-19 pandemic hit, which the police state used to test out its lockdown powers. In light of the government’s tendency to exploit crises (legitimate or manufactured) and...
Never let a crisis go to waste. Politicians have always used emergencies to sneak in more power and control for themselves. And the current one is no different. The DOJ is asking Congress for powers that would represent an “unacceptable blow to Habeas...
A national emergency declaration, and many others on the state and local level too. Looking at the leading constitutionalist views of what can and can’t be done. Path to Liberty: March 18, 2020 PODCAST VERSION...
This may upset some pro-wall, pro-Trump people. Full disclosure: I am in favor of a wall and restrictions on immigration, massive restrictions on immigration, but it needs to happen legally, and Trump’s “emergency powers” position is not legal. We...
At Balkinization, John Fabian Witt (Yale) (guest blogging): National Emergencies, Then and Now. From the introduction: As most readers of this blog will have seen, President Trump said on Friday that he was considering declaring a national emergency to build a wall...