Archive | August, 2017

Constitutionally, Trump’s Opinion on Afghanistan Shouldn’t Matter

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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 […]

The Liberal Case for Absolute Freedom of Expression

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Despite the emotional appeals of the thought-police, and their shallow justifications for violent suppression of certain ideas, the case for unbridled free expression remains compelling. In fact, any quest for truth requires it. To limit free expression is to potentially bury the truth and mire society in an endless cycle of banality.

Feds Are Actually Limited in Using Funding to “Coerce” States

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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 […]

How the Federal Fight Against Sanctuary Cities Undermines the Constitution

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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 […]