Category Archives: History

History, Law, Media Criticism, Political Commentary

“The Nuclear Option”

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The left brought it on itself by insisting on the politicization of judges. For a leftist, nothing can be outside politics, and political power takes precedence over the law. Fortunately, we may still have a chance to restore originalism, and the Constitution.

[Update early afternoon]

If judges want to make laws and bypass the legislature, let them be elected, not appointed for life.

Education, History, Law, Media Criticism, Political Commentary, Social Commentary

Who The People?

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Thoughts on the duty of the courts to enforce the Constitution and the law, from Glenn Reynolds. It’s based on new book by Randy Barnett.

[Late-morning update]

Actually, Neil Gorsuch is for the little guy:

It’s hard to see what Hirono, Senate Democratic leader Charles Schumer and all the other Democrats are talking about when they say Gorsuch doesn’t stick up for the little guy. But if you look more closely at his cases and the Democrats’ charges, you realize what the Democrats mean.

First, in Yellowbear, Little Sisters, Makkar, Carloss and the burping case, Gorsuch was ruling against government overreach. In Kelo, he praised the ruling against the government. And there’s the issue. When Democrats talk about being for the little guy, they often mean being for government power. The two concepts are inseparable in the liberal mind-set.

And when they conflict, they go for the government power every time. That’s why they shouldn’t be called “liberals.”