Tag: Constitution

The Trouble With the Executive Branch

Article II of the Constitution—which sets the bounds of executive power—is notoriously short; the document imbues remarkably scant powers to the executive, and to the president in particular. Much of the text outlines procedural mechanisms, to do with the time, place and manner of elections, and behavioral limitations: duties the president is either compelled to…

The Senate is Broken, But Republicans Didn’t Break It

Senate Republicans invoking the nuclear option and requiring a simple majority for the approval of Supreme Court nominees has engendered a great deal of hysterical handwringing. Indeed, the terminology seems to demand such an overly dramatic response. The histrionics gets one point correct: the integrity of the Senate as a body has been utterly destroyed.…

Current Political Culture Undercuts Separation of Powers

The nascent Trump presidency is a veritable labyrinth comprised of twisting scandals and the pitfalls of internecine quarrels. Yet, the true crisis of modern government is missing from the gossip-driven scandalmongering that has become the exclusive domain of the daily news cycle. This is the clear lack of understanding from many members of the media…

How the death of federalism has affected understanding of the Bill of Rights

Debate over the Constitution has devolved over the past couple of centuries from an eloquent discourse, sometimes sophistic, to petty academic quibbling over whether emphasis on the Bill of Rights belongs to the powers denied the federal government or to those unenumerated and left in the hands of the states and people. The context of…

The Anti-Federalists were right

It is couth in intellectual political circles to speak of the Anti-Federalists as well-intentioned but ultimately wrong in their predictions of the doom that the Constitution spelled for freedom in America. Their often emotionally-saturated arguments are talked of as fear-mongering propaganda, a pejorative classification usually not attached to Federalist arguments for the Constitution. Perhaps this…

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