×
↓ Freedom Centers

Tag Archives: Constitution


Betsy DeVos Strikes a Blow for the Constitution

By David French • National Review

The proposed Title IX rules highlight how bad things have become on campus.
The Department of Education has issued its long-awaited proposed regulations reforming sexual-assault adjudications on college campus. Not only will these rules restore basic due process and fairness to college tribunals, but they also — given how basic the changes are — highlight just how ridiculous university kangaroo courts have become.

First and perhaps most important, the rules will not only require colleges to permit cross-examination of witnesses (including the accuser), but will also prohibit universities from relying on the statements of any witness who refuses to submit to cross-examination.

Cross-examination is so fundamental to adversary proceedings that it’s is simply incredible that some universities have been prosecuting and expelling students without permitting the accused’s representative to question his accuser. Continue reading


NBC’s Ken Dilanian: North Dakota, New York Having Same Number of Senate Votes ‘Has to Change’

by Aryssa Damron • The Washington Free Beacon

Ken Dilanian, a reporter for NBC News, tweeted on Monday that the idea of North Dakota and New York having the same amount of senators “has to change” because of the confirmation of Justice Brett Kavanaugh to the Supreme Court.

“It may not happen in our lifetimes, but the idea that North Dakota and New York get the same representation in the Senate has to change,” Dilanian tweeted, linking to a Washington Post article about the confirmation of Kavanaugh. “Senators representing less than half the U.S. are about to confirm a nominee opposed by most Americans”

Continue reading


The Ninth Circuit Protects Gun Rights and Stops Confiscation

By David French • National Review

Every now and then the Ninth Circuit Court of Appeals — arguably the nation’s most progressive federal circuit — can offer up a legal surprise. Yesterday, it gave us a legal shock, when a divided panel of its judges affirmed last year’s federal district-court injunction temporarily blocking enforcement of California’s confiscatory ban on so-called large-capacity magazines.

Under California law, any person who possesses a legally purchased magazine capable of holding more than ten rounds of ammunition must either remove the magazine from the state, sell it to a licensed firearm dealer, or hand it over to law enforcement. Those citizens who retained their magazines after the law went into effect risked a fine or up to one year’s imprisonment in county jail.

The district court’s 66-page opinion was a legal tour-de-force that not only dismantled California’s justifications for the ban, but also reiterated and reinforced the constitutional and historical basis for the right to keep and bear arms. As I wrote last year, this paragraph from the district-court opinion is nearly-perfect:

Continue reading


Manchin Praises SCOTUS Nominee Kavanaugh for Having ‘All The Right Qualities’ to Be Confirmed

By Cameron Cawthorne • Washington Free Beacon

Sen. Joe Manchin (D., W.Va.) on Wednesday praised President Donald Trump’s Supreme Court nominee for having “all the right qualities.” But he stopped short of giving a full endorsement, saying he will listen to his constituents about their opinions of the nominee.

Manchin appeared on West Virginia MetroNews, a statewide radio station, where host Hoppy Kercheval asked him whether he was going to to support nominee Brett Kavanaugh.

“Do you have a lean today?” Kercheval asked.

“No, I don’t have a lean. I think he seems to be a very fine person of high Continue reading


Partisanship & Violence In Congress: The Caning Of Senator & Abolitionist, Charles Sumner (1811-1874) (R-MA)

Partisanship and Violence in Congress — Not All partisanship Is Bad, but Some partisanship Is Catastrophic

By George LandrithConstituting America

Washington is a city that has long been known for partisanship. Even as respected and honored as he was, George Washington was viciously and unjustly attacked by partisans.

Thomas Paine who helped build support for America’s independence by writing the historic political pamphlet “Common Sense,” accused Washington of corruption and wrote that “the world will be puzzled to decide whether you are an apostate or an impostor; whether you have abandoned good principles, or whether you ever had any.”[1]

Partisans for Thomas Jefferson and John Adams viciously attacked each other with such labels as: atheist, tyrant, coward, fool, hypocrite, and weakling. Jefferson’s allies accused Adams of having a “hideous hermaphroditical character, which has neither the force and firmness of a man, nor the gentleness and sensibility of a woman.”[2] Adam’s partisans called Jefferson “a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw, sired by a Virginia mulatto father.”[3]

Continue reading


Was Gorsuch Worth A Trump Presidency? It’s Starting To Look That Way

By David Harsanyi • The Federalist

It’s odd, isn’t it, that so many of the folks who warn us about the authoritarianism of the GOP also happen to support an array of policies that coerce Americans to do things they don’t want to?

Take, for example, the four reliably liberal Supreme Court justices, all of whom believe it’s OK to compel Americans to pay dues to political organizations they disagree with, to coerce them to say things they abhor, and to compel them to create things that undermine their principles.

For some, myself included, the prospects of a court run by people who ignore the Constitution was the best argument for Donald Trump in 2016. The question was, “What’s scarier, a Trump presidency or a progressive Supreme Court?” I imagine the answer is becoming a bit clearer for many conservatives.

In three cases this term — the rulings Continue reading


Sorry, Liberals, But America Is Not A Democracy, And It’s Better That Way

By Clifford Humphrey • The Federalist

It is no secret that the United States is a severely divided nation. In fact, division seems to be one thing that unites Americans today. Across the country, citizens disagree on kneeling, bathrooms, guns, and free speech. Californians are so divided they are actually considering splitting up their beloved republic into three separate states.

The important question on matters of disagreement is: Who gets to settle these differences? The answer, of course, is “We the people,” but we are disagreeing more and more about what that phrase even means. This disagreement is based in part on the fundamental distinction between a democracy and a republic.

Our Founders did not believe that the people have a right to enact whatever laws the majority necessarily want, but, rather, that the people have a right to enact whatever laws the people as a whole think are just. That higher aspiration requires Continue reading


Preserving Our Republic as Federal Government Expands

By James L. Buckley • National Review

The following speech was delivered on January 27 in Old Saybrook, Conn., as an address to the William F. Buckley Jr. Program at Yale upon the inauguration of the James L. Buckley Award for Public Service.

Until the summer of 1965, I had lived a totally contented, interesting, and highly private life. Although I have always been interested in questions of public policy, I had never, ever given any thought to public service. Then something wholly unexpected occurred. I received a telephone call from brother Bill in which he informed me that he had decided to run for the office of mayor of New York City and, furthermore, that I was to serve as his campaign manager.

I told Bill that that last was preposterous: I was far too busy with my own work and, furthermore, I knew absolutely nothing about politics or the conduct of political campaigns. Bill, though, could be very persuasive. He explained, among other things, that as he could not possibly win, he didn’t expect the race to take very much of his time. Therefore, it would take even less of mine.

And that is how the leaders of New York’s Conservative party came to learn of my existence; and three years later, when hunting around to fill a gap, they persuaded me to run as a pro forma candidate for the U.S. Senate. As it would be an unwinnable race against a popular liberal incumbent, they assured me it would require little effort on my part. As it happens, it took a great deal of it, but I did surprisingly well. So, two years later, yielding to a Continue reading


The Honorable Antonin Scalia

ScaliaMost of all, the justice was a servant of the Constitution

by Horace Cooper    •    Washington Times

Justice Antonin Scalia’s passing extinguished a great light in American jurisprudence. As the tributes and fond remembrances all attest, America grieves this loss.

Appointed by President Reagan in 1986, Justice Scalia served the nation from the Supreme Court’s bench for three decades with a candor, wit and sagacity that few men in history can claim. No doubt that the good justice will be remembered for his pointed pen and rhetorical flair that made all his opinions — whether you agreed with him or not — well worth reading. Continue reading


Political Lies: Executive Orders by Another Name

double-face-obama-63825058778President Obama has issued a form of executive action known as the presidential memorandum more often than any other president in history — using it to take unilateral action even as he has signed fewer executive orders.

by Gregory Korte    •   USA Today

President Obama has issued a form of executive action known as the presidential memorandum more often than any other president in history — using it to take unilateral action even as he has signed fewer executive orders.

When these two forms of directives are taken together, Obama is on track to take more high-level executive actions than any president since Harry Truman battled the “Do Nothing Congress” almost seven decades ago, according to a USA TODAY review of presidential documents. Continue reading


Constitutional chutzpah

by Seth Lipsky     •     New York Post

barack_obamaThere are three ways something can become what the US Constitution calls the “supreme law of the land.” It can be made part of the Constitution by amendment, it can be passed by Congress as a law or it can be ratified by the Senate as a treaty.

President Obama can’t get his climate-change agreement made supreme law of the land by any of those constitutional routes. Not even close. The Republican House doesn’t want it. The Democratic Senate won’t act.

That’s because the people don’t want it. They’re no dummies. Even in drought-stricken California, the Hill newspaper reports, Democratic candidates for Congress avoid the climate-change issue.

This is driving Obama crazy. Continue reading


July 4, 1776 – Declaration of Independence

IN CONGRESS, July 4, 1776.Declaration of Independence

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Continue reading


Struggling to Show Anti-Koch Amendment Is “Reasonable”

A proposed Constitutional amendment would give Congress authority to regulate every dollar…

Pelosi Reidby Byron York

While much of Washington grapples with international crises, chronic economic troubles, and upcoming midterm elections, Senate Democrats are steadily pushing forward with what they hope will become the 28th Amendment to the United States Constitution.

The proposed amendment would give Congress authority to regulate every dollar raised, and every dollar spent, by every federal campaign and candidate in the country. It would give state legislatures the power to do the same with state races.

Framed by Senate Majority Leader Harry Reid as a response to campaign spending by the conservative billionaire Koch brothers, the proposed amendment, written by Democratic Senators Tom Udall and Michael Bennet and co-sponsored by 42 other Senate Democrats, would vastly increase the power of Congress to control elections and political speech. Continue reading


Liberals Champion Freedom of Speech — Except in Politics

by Michael Barone

Free speechI’m old enough to remember when American liberals cherished the freedom of speech guaranteed by the First Amendment.

They celebrated especially the freedom accorded those with unpopular beliefs and protested attempts to squelch the expression of differing opinions.

Today things are different. American liberals are not challenging the Supreme Court rulings extending First Amendment protection to nude dancers, flag burners and students wearing antiwar armbands. They are content to leave these as forms of protected free speech. Continue reading


What Does the Oregon Shooter Tell Us About Our Gun Laws?

second amendment_gun controlThis just in: Criminals don’t follow the law.

by Charles C. W. Cooke

KGW News has identified the Oregon shooter. He was just 15 years old.

What does this mean for our public policy? Well, pretty much nothing. Despite all of the chatter from the White House and beyond, “universal background checks” have absolutely nothing to do with this case. In Oregon, 15-year-olds are not allowed to purchase firearms of any sort – whether from stores or from private sources. Last year’s Toomey-Manchin proposal, which would have mandated checks for all private sales, would therefore not have applied to this case and could not have stopped this shooting. To pretend otherwise is downright dishonest.

We also know that the shooter broke a number of other laws. Continue reading