Washington Post columnist William Raspberry used to reach into his bag of journalistic conceits every so often and write a column reporting on his latest conversation with his favorite cab driver—a fictional character, or so I always thought. Well, I’ve got America’s Smartest Mailman, and he’s a real guy. ASM said to me yesterday, “you know when that Detroit judge said there are ‘no powers not created by the Constitution’? Well, did it ever occur to her that the power she claims to overturn a presidential decision can’t be found in the Constitution either?”
Dead right, ASM. The power we call “judicial review” is at best an inference from the Constitution’s text, and depending on how much breadth and muscle you want to give it, that power rests on a far weaker basis than the president’s authority, as commander in chief, to eavesdrop on the nation’s enemies during wartime.
How do I know he’s America’s Smartest Mailman? Every other week he takes his break in his truck at the end of our block, and reads my National Review before he delivers it. Hmm. Maybe I should give him a gift subscription for his own copy.