In this episode, the guys discuss the First Amendment “Religion Clauses”, which prohibit the establishment of a national church and guarantee the right to free exercise of religion. They spend some time looking at Madison’s initial draft of the amendment and how Congress simplified it in the text that was ultimately ratified, leading some contemporary readers to incorrectly see the Founders as drawing a high distinction between religious and political activities. Madison is really pushing two larger ideas. First, he’s effectively outlawing prior restraints by the federal government when it comes to the pulpit and the press. Second, he’s trying to spark pluralism, which he views as generative of greater energy and, as a result, greater creativity. Finally, the guys wrap up breaking down the historical meaning of establishmentarianism and why the free exercise clause was just intuitive to early Americans.
In response to the emerging evidence that Donald Trump directed and participated in the commission of federal crimes, all too many Republicans are wrongly comforting themselves with political deflection and strained legal argument. The political deflection is clear, though a bit bizarre. The recent wave of news ... Read More
At the outset, let’s get two things straight: First, there is something deeply disturbing about the Obama administration’s decision to open a counterintelligence investigation on retired lieutenant general Michael Flynn while he was working on the Trump campaign — and, ultimately, about the Justice ... Read More
Her comments came after she caused an uproar. Read More
Better late than never (I hope), my weekend column has posted on the website. It deals with the question whether General Michael Flynn actually lied to the FBI agents — including the now infamous Peter Strzok — when they interviewed him in the White House on his third day on the job as national security ... Read More
Lanny Davis, Michael Cohen's lawyer-turned-adviser, vigorously denied the allegation that his former client traveled to Prague during the 2016 election to arrange a payment for Russian hackers intervening in the election on then-candidate Trump's behalf. The allegation that Cohen traveled to Prague is a key ... Read More
In the run-up to the 2016 presidential election, Donald Trump was asked on many occasions whether he would “accept the results” of the election if he were to lose. Democrats and their media allies demanded that he make a solemn vow to “accept the results.” It was never entirely clear what anybody thought ... Read More