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Opinion Headlines

  1. Constitution [book review] “Betraying the Constitution” by Philip Hamburger 6-30-14Constitution – Obama unilateral changes to laws 6-24-14
  2. Constitution. LTE. “Let’s Restore Congress to Its Constitutional Function.” 11-21-14
  3. Constitution. “Highway to the Danger Ozone.” [As Obama rewrites the law, Congress and the courts push back.] 11-28-14
  4. Constitution. “In Defense of Pamela Geller.” By Bret Stephens. [A society that rejects the notion of a heckler’s veto cannot accept the idea of a murderer’s veto.] 5-12-15
  5. Constitution. LTE. “Can an Aversion to Criticism Ever Be Constitutional? “ 5-13-15
  6. Constitution. LTE. “Three Cheers for the 95% of PEN Who Support Charlie [Hebdo].” 5-12-15
  7. Constitution. “America the Indispensable.” By Rupert Murdoch. [Like so many naturalized citizens, I felt that I was an American before I formally became one.] 12-2-15
  8. Constitution. “The First Amendment Needs Your Prayers.” By Peggy Noonan. [Jumping on anyone who publicly expresses a religious feeling after the San Bernardino massacre. Where are we heading?] 12-5-15
  9. Constitution. LTE. “Because the Constitution Is What They Say.” 2-20-16
  10. Constitution. “The Never-Ending Battle Over How to Read the Constitution.” By Juan Willams. [Whether Supreme Court nominee Merrick Garland is a ‘centrist’ distracts from a much bigger issue.] 4-2-16
  11. Constitution. LTE. “Last Call To Save American Exceptionalism.” 4-9-16
  12. Constitution. LTE “The Original Intent: ‘Living’ Via Amendment.”   4-12-16
  13. Constitution. “Gawker’s Damage.”  [How Nick Denton’s website has hurt freedom of the press.]  6-13-16
  14. Constitution. “Pay to Play Goes to Court.”  [A lawsuit charges that tort-bar collusion with prosecutors is illegal.]  6-17-16
  15. Constitution. “#FirstWorldTorts.”  [Starbucks is accused of mass grande-latte fraud.]  6-25-16
  16. Constitution. “Teaching the ‘Habits of Democracy.’” (The Weekend Interview with W. Taylor Reveley 1V by Joseph Rago.)  [The head of Longwood University, host of 2016’s vice-presidential debate, says liberal arts – and educated citizens – can fix what ails our politics.]  7-2-16
  17. Constitution. LTE.  “Changing the Constitution and the Court, Too.”  7-30-16
  18. Constitution. “The ABA Overrules the First Amendment.”  By Ron Rotunda.   8-17-16
  19. Constitution. “Holding Prosecutors Accountable.” [Targets of due-process abuse are seeking vindication in court.] 8-20-16
  20. Constitution. “’Clean Power’ Plays and the Last Stand for Federalism.”  By David B. Rivkin, Jr and Andrew M. Grossman.  [What will be left of our constitutional order if the EPA’s plan passes judicial muster?]  9-26-16
  21. Constitution. “A Trump-Ryan constitutional Revival.”  By Christopher DeMuth.  [Wariness of Trump might inspire Republicans in Congress to give up lazy delegation and relearn the art of legislating.]  11-26-16
  22. Constitution. LTE.  “Jeb Bush, Trump and a Convention of States.”  12-3-16
  23. Constitution. “Five Ways to Restore the Separation of Powers.”  By David B. Rivkin Jr. and Elizabeth Price Foley.  [it isn’t enough for Trump to quickly rescind Obama’s executive orders.. Congress also needs to act.]  12-20-16
  24. Constitution. “Free Speech and Anti-Semitism.”  By Ruth R. Wisse.  [Obama’s anti-Israel politics show the need for the Anti-Semitism Awareness Act.]  12-30-16
  25. Constitution. “The constitution says Nothing About Behavioral Economics.”  By Todd J. Zywicki and Geoffrey A. Manne.  [A hair salon tells the Supreme Court that trendy research backs up its right to charge credit-card fees.]  1-10-17
  26. Constitution. “Kellyanne Conway and the Life of Her Party.” By Wm. McGurn.  [On abortion, the Trump aide breaks another Beltway convention.]. 1-17-17
  27. Constitution. “Trademark This, Said The Slants.”  [The Asian-American rockers have a free speech right to offend.]  1-18-17
  28. Constitution. Big Govt.  “The President’s Right to Say ‘You’re Fired.”  By Philip E. Howard.  [Today’s civil-service system violates the Constitution.  Trump has the power to fix it.]  1-30-17
  29. Constitution. “A Mosque for New Jersey.”  [Religious liberty is for every American, including Muslims.] 6-5-17
  30. Constitution. “The First Amendment Is for Neo-Nazis, Too.” (The Weekend Interview with Richard A Epstein by Tunku Varadarajan.[Curbs on ‘offensive’ speech are unworkable and would turn the public square into the grievance Olympics.] 8-26-17
  31. Constitution. “Virginia’s Unhappy Hour.” [The restrictions on drink specials violate the First Amendment.] 4-5-18
  32. Constitution. “Judges Can Check the Administrative State.” By Peter J. Wallison. [Courts are too deferential when unelected officials supplant Congress’s role and write the law.] 4-6-18
  33. Constitution. “The Culture That Sustains America’s Constitution.” [Without it, checks and balances are barricades of foam and counterweights of butterfly’s breath.] 7-3-18
  34. Constitution.  “How Conservatives Won the Law.”  (The Weekend Interview with Steven Teles  by Jason Willick)  [A liberal political scientist recounts the rise of the Federalist Society – and explains his sympathy for some of its ideas.]  7-21-18
  35. Constitution.  “Two New Lawsuits Seek to Stop Discrimination Against Religion.”  By Tim Keller and Michael Bindas.  [The cases seek to expand Supreme Court precedent and establish equality for sectarian education.]  8-21-18
  36. Constitution.  “Happy Constitution Day, if You Can Keep It.”  By Don Willett.  [The long-term survival of the Founders’ design depends on people, not parchment.]  9-17-18
  37. Constitution.  “Rewriting the Fourteenth Amendment.”  [Trump’s order on birthright citizenship violates the Constitution.]  10-31-18
  38. Constitution.  “Targeting the Electoral College.”  [Democrats tee up another constitutional norm for a rewrite.]  3-20-19
  39. Constitution.  “The Lovely but Unloved Electoral College.”  By Karl Rove.  [Abolishing it would import the worst aspects of European politics.]  4-11-19
  40. Constitution.  “A Supreme Debate on Speech.”  [The five conservatives preserve a key state-private distinction.]  6-19-19
  41. Constitution.  “’Scandalous’ Speech is Protected.”  [The Supreme Court hands the trademark Office another defeat.]  6-25-19
  42. Constitution.  “Sobriety About the Commerce Clause.”  [“…that the court (Supreme Court) long ago found that the 21st Amendment doesn’t override the rest of the Constitutional principles.]  6-27-19
  43. Constitution.  “A Short History of Census Taking.”  By John Steele Gordon.  [The first U.S. enumeration was in 1790. But Egypt began millennia earlier.]  6-29-19
  44. Constitution. “Trump, Twitter and the First Amendment.” [An appellate ruling blurs the line between private and public forums.] 7-12-19
  45. Constitution. “What Ever Happened to ‘We the People’?” by Adam Carrington. [There’s more to the U.S. Constitution than its amendments. Give the preamble some respect.] 9-17-19
  46. Constitution. “Even the Experts Are Poorly Informed.” [If Nate Silver can’t grasp the First Amendment, how can anyone be expected to make sense of trade policy?] 10-25-19
  47. Constitution. “Most Pleas Bargains Are Unconstitutional.” By Alan M. Dershowitz. [Harsh punishments for defendants who exercise their right to trial violate the Sixth Amendment.] 11-6-19
  48. Constitution. “A Centenary for Free Speech.” By Ilya Shapiro and Michael T. Collins. [Holmes’ dissent in Abrams v. U.S. set the stage for broad First Amendment rights.] 11-8-19
  49. Constitution. “Congress Is he King.” [“…we hope this goes to the Supreme Court. The Constitution’s separation of powers assumes co-equal branches …] 11-27-19
  50. Constitution. “Of Speech and Profanity.] [A company enforcing civility in the workplace isn’t government action.] 12-2-19
  51. Constitution. “I Hand Out the Constitution, and It Makes Me Feel Great.” By Caroline Koster. [Do yourself a favor and reread the country’s founding document. I have a few copies left.] 12-31-19
  52. Constitution. “The Living Constitution’ Denied the Vote to Generations.” By Frank Scaturro. [If only late 19th century courts had followed the original meaning of the 15th Amendment.] 2-3-20
  53. Constitution.  “Shut Up, They Advised.” By David R. Rivkin Jr. and Andrew M. Grossman. [A committee on judicial standards ignores the Constitution to rule against the Federalist Society.] 2-4-20
  54. Constitution. “Truth in Constitutional Amending.” [“…The ERA also isn’t necessary today…] 2-15-20
  55. Constitution. “Power In Numbers.” (Bookshelf by Lyman Stone.) “The Sum of the People” by Andrew Whitby. [Fear that census data might be used against religious minorities– as they were in the 1930s – is not a superstition to be mocked.] 3-30-20
  56. Constitution.  “A Coup of Her Own.”  [Nancy Pelosi’s nuclear option to protect the world from Trump.]  1-9-21
  57. Constitution.  “The 12th Amendment’s Dangerous Defect.”  By John Steele Gordon.  [What if it had been up to Congress to choose the president Jan. 6th?]   2-23-21
  58. Constitution.  “A Conservative Court Awakening.”  [The Justices take another step to reinforce the separation of powers.]   6-26-21
  59. Constitution.  “Portlandia vs. Texas.”  [“…There will be more of these interstate commercial fights as polarization and geographic segregation by politics increase…”]   9-9-21
  60. Constitution.  “Waiting for General Milley.”  [The Chairman of the Joint Chiefs has more explaining to do.]   9-16-21
  61. Constitution.  “The Amendment That Remade America.”  (The weekend interview with Randy Barnett and Evan Bernick by Tunku Varadarajan.  [The First?  The Second? No, the 14th – the basis for every claim against a state government for violating individual rights.  Two authors say it’s time to assert its original meaning.]   10-30-21
  62. Constitution.  “Religious Schools and the Constitution.”  [The Supreme Court could extend a landmark school-choice case.]  12-8-21
  63. Constitution.  “The Unconstitutional Convictions You Don’t Know About.”  By Clark Neily and Somil Trivedi.  [Though right to a jury trial is enshrined in the Bill of Rights and Constitution, it’s hardly ever enforced.]   12-13-21
  64. Constitution.  “Government Can’t Censor the Truth About Judges.”  By Thomas Berry.  [A well-intentioned bill to protect their privacy and safety runs afoul of the First Amendment.]  12-27-21
  65. Constitution.  “Constitutional Thunder Out of Louisiana.”  [A Fifth Circuit ruling on the SEC rebalances the separation of powers.]   5-23-22
  66. Constitution.  “Restoring a Constitutional Climate.”  [The Supreme Court sets guardrails on the administrative state.]   7-1-22
  67. Constitution.  “Parental Authority Gets a Boost From Dobbs.”  By Michael Toth.  [The constitution protects unenumerated rights that are ‘deeply rooted’ in history and tradition.]   7-28-22
  68. Constitution.  “The Philosopher Kings of North Carolina.”  [Four state Justices invent a way to undo constitutional changes.]   8-29-22
  69. Constitution.  “God Save Our Fundamental Freedoms.”  By Lois McLatchie.  [Scotland has been cracking down on free speech for some time.]   9-19-22
  70. Constitution.  “Why I Joined Lindell’s Legal Team.”  By Alan M Dershowitz.  [Respect for civil liberties and the Constitution is more important than partisan differences.]   9-23-22
  71. Constitution.  “Pence for the Constitution – Again.”  [He has principle on his side in resisting Jack Smith’s subpoena.]   2-18-23
  72. Constitution.  “Default on U.S. Debt Is Impossible.”  By David B. Rivkin jr. and Lee A. Casey.  [The Constitution makes clear that bondholders have to be paid, and other obligations aren’t ‘debt.’]   2-21-23
  73. Constitution.  “Progressives Convinced Us To Get a Gun.”  [It’s hypocritical to urge Americans to disarm while also failing to protect them from surging crime rates.]  4-24-23
  74. Constitution.  “The Constitution Protects ‘Harmful’ Speech.”  By Rahel Chiu.  [The Kids Online Safety Act would be a license for censorship.]   8-14-23
  75. Constitution.  “Judicial Values.”  (Bookshelf by Tai Fortgang.)  “How to Interpret the Constitution.” By Cass R. Sunstein.  [Opponents of originalism make much of the supposed ambiguities in the Constitution.  But is the text o the document really so unclear?]   12-13-23
  76. Constitution.  “The Standoff in Eagle Pass, Texas.]   [When Biden and Abbott clash, the Constitution is clear who must yield.]   2-3-24
  77. Constitution.  “Is There Any Remedy When You’re Censored?”  by Philip Hamburger.  [The Supreme Court has three opportunities this term to give teeth to the First Amendment.]   2-26-24
  78. Constitution.  “The Mayorkas impeachment Precedent.”    4-18-24
  79. Constitution.  “Defining Free Speech Down on Campus.”  [Progressives invoke a First Amendment they don’t understand.]   4-24-24

 

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