I am a little puzzled by Ed Whelan’s post below. That Congress can proscribe conduct in federal territories and was able to condition the admission of Utah and other states on the abolition of polgamy hardly establishes that marriage is or was a “federal” issue. By Ed’s logic, the federal government would have a plenary police power because it has such authority over federal territories and can impose nearly any condition on the entry of new states. Utah was required to create and maintain public schools as a condition of its entry into the union, but this hardly establishes a federal power to impose such requirements on pre-existing states or transforms public education into a federal issue. Like other aspects of family law, marriage has been a state matter except in those instances in which there is a clear federal nexus — such as interstate travel, presence in a federal territory, or the need to define a family unit for purposes of the federal income tax. On this point, I believe Rauch is correct.
The actor Jussie Smollett continues to talk about the alleged January 29 attack on him during a frigid night in Chicago, giving Good Morning America his fullest description yet of his claims. It differs substantially from what he told police initially after the alleged assault. Smollett told GMA that the ... Read More
Majority Leader Mitch McConnell said Thursday that President Trump will sign the homeland-security-spending bill pending before Congress while simultaneously declaring a national emergency in order to fund his long-promised border wall. The spending bill, which provides just $1.35 billion for the construction ... Read More
Everybody needs a vacation, and after Hamilton maybe Lin-Manuel Miranda needed one more than most. At some point, though, relaxing becomes loafing. Miranda has a wonderful gift, but what he’s done with it lately is unconscionable. This week marks four years since Miranda’s musical masterpiece Hamilton ... Read More
In 1994, the Clinton administration decreed a bright shining future for education. Its Goals 2000 legislation proclaimed that by that year America's high-school-graduation rate would be 90 percent and American students would lead the world in math and science achievements. Sen. Daniel Patrick Moynihan (D., N.Y.) ... Read More
1. Kirsten Gillibrand’s maternal grandmother was Polly Noonan, who became the longtime trusted aide of Erastus Corning II, Albany’s “mayor for life” from 1942 to 1983. Former New York governor Mario Cuomo once characterized their relationship this way: “Corning was the de facto leader. Polly was the ... Read More