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Holes In the Constitution

Holes In the Constitution

In his famous dissent in Olmstead v. United States, Supreme Court Justice Louis Brandeis in 1928 called the right to be left alone the most comprehensive of rights and the right most valued by civilized men. He was referring to the right to be left alone from the...

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Twilight’s Last Gleaming

Twilight’s Last Gleaming

When a presidential debate devolves into an argument over golf scores and afterward the public argues about the candidates’ mental acuity or personal honesty, when the question for voters is who is the sharper debater rather than who would be more faithful to the...

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Julian Assange Is Free!

Julian Assange Is Free!

“I prefer the tumult of liberty to the quiet of servitude.”-- Thomas Jefferson (1743-1826) It wasn’t until 1969 that the Supreme Court’s modern First Amendment jurisprudence made it clear that whenever there is a clash between the government and a person over the...

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War and the Constitution

War and the Constitution

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged? Can the United States legally attack an ally? These questions should be front and center in a...

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War and the Constitution

War and Indifference

Which is more destructive to personal liberty, a government that engages in secret wars or a public and news media that are indifferent to it? In the current American toxic stew of anti-Russian hatred and beating of war drums -- in President Joe Biden’s America -- we...

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The Tyranny of the Majority

The Tyranny of the Majority

“Which is better -- to be ruled by one tyrant three thousand miles away or by three thousand tyrants one mile away?”-- Rev. Mather Byles (1706-1788) Does it really matter if the instrument curtailing liberty is a monarch or a popularly elected legislature? This...

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Is Your Car Spying on You?

Is Your Car Spying on You?

I predict future happiness for Americans,if they can prevent the government fromwasting the labors of the people underthe pretense of taking care of them.-- Thomas Jefferson (1743-1826) Last week, Sens. Ron Wyden of Oregon and Edward Markey of Massachusetts revealed...

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Killing the Constitution

Killing the Constitution

In the last days of East Germany, when government officials detected that their power was unraveling, they ratcheted up enforcement of the nation’s reporting laws. The reporting laws made it a felony to know of a crime and fail to report it. It was also a crime to...

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The Right to Assembly

The Right to Assembly

Last week, the Supreme Court effectively abolished the right to assembly in three Southern states. By refusing to hear an appeal of a speaker accused of being liable for what a protester did in an audience the speaker addressed, the court exposed all protest...

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Taking Easter Seriously

Taking Easter Seriously

“That God, which ever lives and loves,One God, one law, one element,And one far-off divine eventTo which the whole creation moves.”-- Alfred Lord Tennyson (1809-1892) When American colonists were oppressed by British governance, the word most frequently uttered in...

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Can Congress Ban TikTok?

Can Congress Ban TikTok?

“Congress shall make no law … abridging the freedom of speech.”  --First Amendment to the U.S. Constitution When James Madison set about to draft the Bill of Rights -- the first 10 amendments to the U.S. Constitution -- he was articulating what lawyers and...

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My Dinner With the Pope

My Dinner With the Pope

I spent last week living and studying at the Vatican as a guest lecturer at the Pontifical Academy of Social Sciences, or PASS. PASS is an organization of scholars that explores ideas of interest to the Vatican. Last week, PASS addressed the philosophy of St. Thomas...

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Taking Rights Seriously

Taking Rights Seriously

“If all mankind minus one were of one opinion,Mankind would be no more justifiedIn silencing that one person,Than he, if he had the power,Would be justified in silencing mankind.”  -- John Stuart Mill (1806-1873) The world is filled with self-evident truths --...

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