As a candidate, Pres. Trump called the war in Afghanistan "futile" and pledged to pull the U.S. out of the quagmire. But in a recent speech, the president announced a plan committed to extending and deepening U.S. military involvement in that country. Trump said he was now convinced “a hasty withdrawal would create a vacuum for..
Read moreThe Liberal Case for Absolute Freedom of Expression
Should society tolerate intolerance? Increasingly, many say no. A meme making its rounds on social media based on The Open Society and Its Enemies by philosopher Karl R. Popper argues that a tolerant society cannot tolerate intolerance. It features a cartoon image of a giant foot kicking a Nazi in the rear. Any movement that..
Read moreFeds Are Actually Limited in Using Funding to “Coerce” States
Sometimes emailers offer a good opportunity correct widely-held erroneous ideas. In a recent article, I asserted the federal government has very little power to force so-called "sanctuary cities" and states to enforce federal immigration law. Under a well-established legal principle known as the anti-commandeering doctrine, the courts have long held that the federal government cannot..
Read moreHow the Federal Fight Against Sanctuary Cities Undermines the Constitution
We all need to fight the temptation to abandon constitutional principles when they conflict with our policy preferences. I recently appeared on a radio show to talk about the Tenth Amendment and nullification. The conversation moved along marvelously as I explained Madison's blueprint, and how state and local governments can thwart unwarrantable federal actions (and..
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