• Is Originalism Too Hard An Enterprise? [No. 86]
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    Is Originalism Too Hard An Enterprise? [No. 86]

    One frequent complaint about originalism is that it’s quite a hard enterprise – it’s hard to do, it’s not going to succeed, it requires a lot of skills judges don’t have, it requires a lot of investigation into history, there are these hard questions about what kind of originalism to undertake. So the question is not is originalism too hard now. That’s certainly not the only question. The question is, what can one think of a world where originalism would become much easier? And originalism has already, in my view, becoming much easier for judges, it’s becoming much more refined because of the work that’s being done. Originalism depends on…

  • The Common Law Part I: What is Common Law and What Role Did it Play in England? [No. 86]
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    The Common Law Part I: What is Common Law and What Role Did it Play in England? [No. 86]

    The common law is a body of laws and authorities among the judicial branch that was kind of a common heirloom that the people of America brought with them when they began to set up their colonial governments. And, of course, aspects of the common law then informed so many aspects of the daily lives of the colonists, from tort, to contract, to property, to real estate, to ordinary criminal law, protections of defendants who are faced with accusations of crime. A large body of judge-made law that came from England. Now under the common law, even if these rules and regulations were developed by the courts, they were always…

  • Can Congress Sub-Delegate Legislative Powers? [No. 86]
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    Can Congress Sub-Delegate Legislative Powers? [No. 86]

    The Constitution of the United States divides up powers of government among different institutions. It vests all legislative powers herein granted in Congress; it vests the executive power in the President and through the President and subordinates within administrative agencies. And it vests the judicial power of the United States in Federal Courts. Question is, what are the contours of that power? If Congress gives certain authority, to the President, to administrative agencies, to courts, for that matter, to private citizens or foreign countries, is there a point at which Congress is giving those other entities the legislative power that the Congress is vested with under The Constitution. That question,…

  • Should Courts Defer to Political Branches? [No. 86]
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    Should Courts Defer to Political Branches? [No. 86]

    One popular notion about how to think about the courts is the idea of judicial restraint. The idea here is that when interpreting the Constitution, courts should be restrained and should defer to the judgments of Congress or the President or the state legislatures. I do not think that the courts should defer to the opinions of other branches about the meaning of the Constitution. But this is the way I think it should work is that the legislative branches or the political branches are entitled to govern, unless what they are doing violates the Constitution. And some things that they might do violate the very words, I mean, you…

  • Nick Offerman’s Political Comedy Routine
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    Nick Offerman’s Political Comedy Routine

    Offerman: Good evening They’ve left a gavel up here for me, it’s apparently a stout American white oak so things get unruly will call this room to order. Good evening it’s a great honor to be here, my sisters and I look forward to coming to this event every year since march of 2011 Syria…shit. Excuse me. Good evening. And thank you for having me here tonight it really is a great honor and don’t worry I’m being paid significantly less than Jill Abramson to do this job. I grew up in a small town. My late grandpa Ray was the mayor of my hometown Minooka, IL. I come from…

  • Ben Shapiro: Telos, Responsibility and Cultivation
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    Ben Shapiro: Telos, Responsibility and Cultivation

    I’m here today with Ben Shapiro. Ben and I met about eight months ago, eh? He came up to Toronto and gave a rousing talk and… Talk about political correctness at that point, quite a politically appointed political talk, and I got a couple of questions for you. One is what are you planning to do in 2018? What do you want to see happen in 2018, personally? And what are you aiming at, and why? So I’m aiming at broadening the reach of the the political messages that I espouse and the messages of, I think, personal responsibility and virtue that I try to espouse. I’m also working on…

  • Too Far? NAACP Magazine Shows Scalia With Confederate Bandana
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    Too Far? NAACP Magazine Shows Scalia With Confederate Bandana

    the calmer all of the n_ double a_c_p_’s official magazine features justice antonin scalia with the confederate bandana so the question is did they go too far why or why not so let me give you got some of the backstory here real fast why did they make this cover well it was in direct response to a comment that scalia made about the voting rights act he called it they perpetuation of racial entitlement i cringe just when i repeat it so those of you who know the history of the voting rights act know how profoundly ridiculous that comment is the voting rights act of nineteen sixty five…

  • Constitutional War Powers: Thomas Jefferson and the Barbary Pirates
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    Constitutional War Powers: Thomas Jefferson and the Barbary Pirates

    Immediately after the Revolutionary War, the US lost the protection of the naval forces of Britain and France in the Mediterranean. And the Barbary pirates were the naval forces of the, uh, satellite states of the Ottoman Empire, who essentially demanded tribute or would seize commercial vessels and hold as prisoners and hostages their crews, and sometimes even put them into slavery. Jefferson heard about the seizures of American commerce, and he realized that something had to be done, but he was against paying tribute or ransom. So, when the issue came up in Jefferson’s time, Jefferson did explicitly authorize the naval forces that Congress had provided him to defend…

  • GOP Candidate Pet-Killing Legislation
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    GOP Candidate Pet-Killing Legislation

    the nobody was there really well uh… in illinois is running for governor in there and he’s a republican you won the primary school confidence in the sense that you know when uh… the responses bill that i’ve been in favor proposed for awhile now what’s the bill about that’s not a big deal just mass euthanasia uh… acts dogs cats kittens pops that would appear to be a very bad move politically canady but if they are not reduces genius bilbray delivered right well come to find out yeah yet i was a bad mood and it turns out there’s places many dog owners in at illinois as voters…

  • Conservatives More Offended by Rainbow Flags Than Confederate Flags
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    Conservatives More Offended by Rainbow Flags Than Confederate Flags

    conservatives are more offended by rainbow flags which are a pro equality bro pro-gay rights pro LGBT rights flags than they are by Confederate flags this is a poll by Public Policy Polling you remember that story from about a month ago where two students were suspended in Washington state mind you were wearing Confederate flag the school and the reason they were wearing those flags is that another student had warned a gay pride flag to school to celebrate LGBT History Month well Public Policy Polling did a poll love conservatives this is a poll of conservative opinion in the US they ask do you think high school students…