More seriously, Ramesh, I think you misunderstand my post. I believe that Congress has the obligtation to properly invoke the source of its alleged constitutional authority whenever it enacts legislation the authority for which is not glaringly obvious. Such authority should not be assumed. Moreover, such statements are particularly important if the ultimate check on Congress is not the courts, but the people. Second, I don’t believe that Congress’ Section V power is subordinate to the Court’s interpretation, but it is subordinate to the substantive guarantees of the Fourteenth Amendment. Here again, if Congress wishes to advance a non-obvious understanding of the Amendment as a justification for legislation, it should assert the basis of its understanding. It has not done so here, and — as you know — I do not believe that the text of the Constitution can justify such an extension of federal power.
Will this be the week? With bated breath, we wait to find out whether we’ve reached the moment, after the Labor Day end of summer, just as the critical midterm races heat up, when President Trump will follow through on his threat to declassify and publicize key FISA-gate documents — in particular, the ... Read More
NRPLUS MEMBER ARTICLE There’s a Bob Newhart sketch you probably know: A woman walks into a therapist’s office and says that her life is being spoiled because she spends all of her time obsessing over the fearful possibility that she will be buried alive in a box. His ... Read More
So now what? We have a name and an accusation, which is an improvement over the status quo ante. If you’re going to make an allegation of misconduct, this is how you do it: publicly, and attached to as much information as you have. Eternal shame on those who made specific calls before they knew what was being ... Read More
Paul Manafort’s guilty plea in the District of Columbia makes perfect sense. We’ve been speculating about its likelihood since Manafort was convicted three weeks ago on eight felony counts of bank and tax fraud in the Eastern District of Virginia. There was nothing to be gained for Manafort or Special Counsel ... Read More
If you’re a long-time Republican voter, you’ve likely by now heard the growing and insistent and highly concerned media refrain: Republicans who truly care about America will vote for Democrats this fall. In RealClearPolitics last month, columnist Froma Harrop addressed the woes of Republicans in the age ... Read More