AN OKLAHOMA CASE WILL DEFINE THE FUTURE OF PUBLICLY FUNDED RELIGIOUS SCHOOLS—UNPACKING LAST WEEK’S SUPREME COURT ARGUMENT   INTRODUCTION Last week the Supreme Court heard arguments in a case wherein the Oklahoma Charter School Board and St. Isidore of Seville Catholic Virtual School challenged a ruling by the Oklahoma Supreme Court. The school had entered…

ARE JUDGES ABOVE THE LAW? OF COURSE NOT   INTRODUCTION AND OVERVIEW On January 21st, 2025, Acting Deputy United States Attorney General Emil Bove issued an “all-hands” memorandum throwing down a gauntlet and reasserting the federal Executive Branch’s exclusive authority to enforce immigration law without interference from the political motivations of state and local actors…

THE SUPREME COURT EMERGENCY OR “SHADOW” DOCKET IS IN HIGH GEAR   INTRODUCTION President Trump’s agenda to address the excesses of the Biden administration on crime, immigration, DEI, and “education” has led to an unprecedented slate of US District Court orders enjoining actions of the Executive that, in large part, are overbroad, arbitrary, and obviously…

TARIFFS AND THE EMERGENCY POWERS OF THE PRESIDENT—AN UNLIKELY CHALLENGE EMERGES   INTRODUCTION On Friday, April 4th, in the Northern District of Florida, attorneys of the New Civil Liberties Alliance (NCLA) filed a challenge to President Trump’s Executive Orders imposing across-the-board tariffs on our three largest trading partners—China, Mexico, and Canada. An examination of the…

THE FIRST AMENDMENT AND THE ALIEN NON-CITIZEN—A PRIMER   INTRODUCTION Recent Executive Orders of the President have placed a historic focus on Executive authority around immigration. Antisemitic rhetoric from students given the privilege to study here, who have not been naturalized, has tested and will test the limits of due process in connection with their…

THE TdA REMOVALS DRAMA AND JUDGE BOASBERG—WHO GETS TO DECLARE A “PREDATORY INCURSION,” AND WHO GETS TO PROTECT OUR NATIONAL INTERESTS?   INTRODUCTION It appears that the opposition to the President’s Proclamation based on and in reliance upon the Alien Enemies Act overlooks, in convenient fashion, key issues necessary to a real analysis of this…

Aerial view of the Terrorism Confinement Center (CECOT). This file is licensed under the Creative Commons Attribution 3.0 Unported license. THE ALIEN ENEMIES ACT—ALMOST AS OLD AS THE CONSTITUTION AND A STILL VIABLE LAW FOR A STRONG EXECUTIVE TO INVOKE TO PROTECT THE HOMELAND   INTRODUCTION On Friday the President issued a Proclamation that is…

THE UNIVERSITY OF VIRGINIA FINALLY EMBRACES THE REALITY OF EQUAL PROTECTION OF THE LAWS—IT IS ABOUT TIME   INTRODUCTION Last week, and apparently as the result of President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (which bans DEI from not only the federal government but from any entity, private or not, receiving…

THE APPOINTMENTS CLAUSE AND DOGE—A BRIEF OVERVIEW AND ANALYSIS   INTRODUCTION Last week U.S. District Judge Chutkan, who seems to be the Trump and January 6th “duty judge” in the DC District Court, denied a temporary restraining order to fourteen (14) state Attorneys General who sought to enjoin the actions of the Department of Governmental…

George Washington THE EXECUTIVE AUTHORITY OF THE PRESIDENT—PART TWO—THE UNITARY EXECUTIVE   INTRODUCTION The current Democrat chorus of “chaos” and the gnashing of teeth over the Administration’s goal of fiscal responsibility is setting the stage for a historic review of the structure of the Constitution and a restoration of the original constitutional design. In this…

ICE Arrest THE EXECUTIVE AUTHORITY OF THE PRESIDENT—PART ONE—THE IMMIGRATION WARS   INTRODUCTION In Part One of this two-part “Into the Weeds” series, the fundamentals of the role of the Executive Branch and its vast and nearly exclusive authority and power over the subject of immigration and the status of aliens will be examined. An…

Air route traffic controllers at work at the Washington ARTCC DEI IS UNCONSTITUTIONAL AND HAS INFLUENCED FEDERAL HIRING DECISIONS, INCLUDING AT THE FEDERAL AVIATION ADMINISTRATION, FOR YEARS   INTRODUCTION AND BACKSTORY There is no question that when George Floyd died from the combined effects of years of drug abuse and the reckless negligence of a…

The Statue of Liberty BIRTHRIGHT CITIZENSHIP—WHEN THE NOBLE INTENT OF THE RECONSTRUCTION CONGRESS WENT IN AN UNINTENDED DIRECTION   INTRODUCTION In furtherance of a campaign promise and to tackle the concerns of many constitutional scholars and some in the political class, President Trump signed an Executive Order on January 20th purporting to direct Homeland Security…

Dr. Martin Luther King at a press conference. WOULD MARTIN LUTHER KING HAVE EMBRACED “EQUITY,” OR WOULD HE HAVE SEEN IT AS INJURIOUS TO HIS COLOR-BLIND DREAM OF TRUE EQUALITY?   INTRODUCTION When on April 4th, 1968, Dr. King was assassinated, the full progress and effects of the Civil Rights Act of 1964 had little…

Manhattan Criminal Courts Building by Americasroof is licensed under CC-BY-3.0 PRESIDENT-ELECT TRUMP SHOULD NOT APPEAR AT JUDGE MERCHAN’S “PUBLIC INTEREST” SENTENCING ON JANUARY 10th   INTRODUCTION If you thought that Judge Engeron, who presided over Letitia James’s Stalinesque civil case against the Trump Organization, was a partisan party to pure politics, Judge Merchan is the…

The Seal of the President of the United States from Wikipedia. TERROR IN THE NEW YEAR—TRUMP’S JOB ONE IS CLEAR   INTRODUCTION My plan was to write yet another take on 2024 as the year the rule of law and due process were sacrificed at the altar of political expediency. I woke up to the…

Portrait of Henry VIII in 1540, by Hans Holbein the Younger THE BIDEN PARDONS—HUNTER AND THE CROOKED JUDGE WILL BE FORGOTTEN WHEN WE SEE HIM MASS PARDON DEPORTABLE ALIENS—BUCKLE UP FOR THE RIDE   A BRIEF BACKGROUND ON THE PARDON POWER—The English Monarchy bled into the Republic It is widely understood that the Executive unilateralism…

Portraits of Thomas Jefferson and George Mason. THANKSGIVING FOOD FOR THOUGHT: A NOTE ON THE PURSUIT OF HAPPINESS   Over a year from the date that the Minutemen engaged British regulars in Lexington, Massachusetts, the Continental Congress formed a committee to formalize and to give effect to Richard Henry Lee’s motion that…   “These United…

A portrait of Alexander Hamilton A WALK THROUGH THE APPOINTMENTS CLAUSE AND THE COMING STORM   The election of Donald Trump to the Presidency will see a reformulation of government as we know it. The changes will reinvigorate the economy and attack the enormous waste in the federal government as well as its unending expansion.…

“I Voted” by Vox Efx is licensed under CC-BY-2.0 THE PEOPLE’S COURT USING THE ELECTORAL PROCESS RENDERED A VERDICT OF ACQUITTAL IN THE TRUMP LAWFARE CASES AND SENTENCED DEI TO DEATH   The German philosopher Immanuel Kant once said:   “Science is organized knowledge; Wisdom is organized life…”   The election of Donald Trump in…

“Panorama of United States Supreme Court Building at Dusk” by Joe Ravi is licensed under CC-BY-SA 3.0 THE COLORADO BALLOT CASE: A TRUMP VICTORY OR A ROAD MAP TO ANOTHER CIVIL WAR IF CONGRESS BLOCKS THE ELECTORAL COLLEGE COUNT IN THE EVENT HE WINS   OVERVIEW & INTRODUCTION This summer in Trump v. Anderson, 144…

“A Kawasaki R160B northbound F train arriving at Forest Hills-71 Avenue.” by Electric2010 is licensed under CC BY-SA 4.0. THE PEOPLE OF THE STATE OF NEW YORK V. DANIEL PENNY—A STUDY IN PROSECUTORIAL LAWLESSNESS   OVERVIEW & INTRODUCTION   Alvin Bragg and Letitia James, the two most powerful law enforcement authorities in the increasingly woke…

“John Joseph Moakley United States Courthouse, Boston” by David Apri is licensed under CC BY-ND 2.0. MEXICO IS COMING FOR YOUR GUNS   AND YOU THOUGHT IT WAS JUST THE DEMOCRATS Mexico routinely ranks among the top five countries in the world in the category of gun-related homicides. Of course, this is due to the…

A TALE OF TWO CASES   TRUMP DERANGEMENT SYNDROME INFECTS THE NEW YORK STATE JUDICIARY AND COLLIDES WITH THE EIGHTH AND FOURTEENTH AMENDMENTS—CASE 1   On February 16, 2024, Judge Arthur F. Engoron of the New York Supreme Court, the trial-level court in the New York judicial system, issued his decision in People v. Trump.…

THE BASELESS ATTACKS ON THE LEGITIMACY OF THE UNITED STATES SUPREME COURT CONTINUE—THE REPUBLIC UNDER SIEGE   OVERVIEW & INTRODUCTION   Not surprisingly, the New York Times on September 15th posited that Chief Justice Roberts put his thumb on the scale of justice by urging in a memo that the Court review cases that directly…

SPRINGFIELD OHIO IS NOT ABOUT CATS, DOGS, AND DUCKS; IT IS A LIVING EXAMPLE OF WHAT THE BIDEN-HARRIS-GARLAND TEAM HAS DONE TO DESTABILIZE COMMUNITIES AND DESTROY THE RULE OF LAW.   OVERVIEW & INTRODUCTION   On April 16th, 2024, the U.S. House of Representatives Committee on the Judiciary released a report—with undeniable statistical and legal…

THE NEW YORK TIMES PLATFORMS AN ATTACK ON THE REPUBLIC AND HIGHLIGHTS HOW MUCH WE HAVE LOST OUR WAY   OVERVIEW & INTRODUCTION   On August 31st, 2024, book critic and constitutional moron Jennifer Szalai published a piece in the New York Times that posited that the Constitution “was one of the biggest threats to…

Riley Gaines speaking with attendees at the 2023 Pastors Summit. From: Wikipedia | Gage Skidmore. This file is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license. THE TITLE IX DISMANTLING IN THE NAME OF POLITICAL EXPEDIENCY MAY HAVE HIT A WALL   OVERVIEW & INTRODUCTION   Over the weekend, Riley Gaines, the gifted…

From Wikipedia. On Thursday, Sept. 19, 2019, U.S. Supreme Court Justice Neil Gorsuch spoke at the LBJ Presidential Library as the sixth annual Tom Johnson lecturer. “OVER RULED – THE HUMAN TOLL OF TOO MUCH LAW”- JUSTICE GORSUCH’S BOOK IS A CALL TO RETURN TO THE CONSTITUTIONAL DESIGN AND MADISON’S DREAM OF A TRUE REPUBLIC…

From Wikipedia. Photograph of “The Minute Man,” a statue by Daniel Chester French erected in 1875 in Concord, Massachusetts. THE ARBITRARY EXERCISE OF JUDICIAL POWER: THE FOURTH CIRCUIT COURT OF APPEALS DESTROYS THE SECOND AMENDMENT ON A TUESDAY.   OVERVIEW & INTRODUCTION On Tuesday, August 6th, the Fourth Circuit Court of Appeals was compelled, in…

Colt AR-15 Sporter Lightweight rifle. This file is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license. A GREAT WEEK FOR THE SECOND AMENDMENT IN THE UNLIKELIEST OF PLACES THANKS TO THE CLARITY AND FORCE OF BRUEN AND HELLER   OVERVIEW & INTRODUCTION In N.Y. State Rifle and Pistol Ass’n v. Bruen, 597 U.S.…

JTF Guantanamo photo by Navy Petty Officer 1st Class Michael Billings MILITARY COMMISSIONS AND GUANTANAMO ARE IN THE NEWS IN THIS POLITICAL SEASON, AND IT IS INDEED POLITICS THAT HAS DEPRIVED THE COLLECTIVE AMERICAN PUBLIC OF BOTH JUSTICE AND CLOSURE FOR BOTH 9/11, THE USS COLE ATTACK, AND OTHER ACTS OF WAR.   OVERVIEW &…