Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.
Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.
https://reason.com/2025/08/14/was-the-bill-of-rights-a-bad-idea-some-founding-fathers-thought-so/
Tag: Constitution
Trump’s D.C. Goon Squads Are Un-American
“The initial images of bored Drug Enforcement Administration agents strolling past perplexed joggers on the National Mall were more clownish than carceral. Local street resistance to the occupation was limited to a drunk guy throwing a sandwich at a federal agent.
But inevitably, as this operation has dragged on, things have taken a darker turn. The sandwich-thrower was overcharged and rearrested in a needless, publicized show of force.
Masked federal agents have set up an unconstitutional checkpoint, violently arrested at least one delivery driver, and filmed themselves tearing down a banner protesting their presence in the city. Each day, more and more National Guard members pour into the capital.
The conversation about Trump’s declared crime emergency has understandably, albeit unhelpfully, provoked a lot of discourse about how safe D.C. is, whether a federalized local police department will make it safer, whether federal agents are being deployed in the right places and going after the right crimes, and on and on.
This incessant crime conversation has distracted from just how un-American Trump’s show of force in the nation’s capital is.
Uniformed troops and masked federal agents doing routine law enforcement at the command of the president is just not how we do things in the United States.
The entire point of the U.S. Constitution is to prevent the federal government from becoming a despotism, and one of the primary ways it does this is by limiting how many men with guns it has at its disposal.”
https://reason.com/2025/08/20/trumps-d-c-goon-squads-are-un-american/
After Another Delay, Trump’s China Tariffs Look Even Less Like a Legitimate ‘Emergency’
“To place huge new tariffs on imports from China, President Donald Trump claimed that those transactions are “an unusual and extraordinary threat” to the United States.
It’s a threat that the White House now says it can put off addressing for another 90 days.
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This is not just a rhetorical point but a question that’s central to the legality of the tariffs. In front of the U.S. Court of Appeals for the Federal Circuit last month, the Trump administration’s lawyer told skeptical judges that the president’s tariff powers rested upon the existence of an “unusual threat” that the president was taking action to “deal with.”
The latest delay in the China tariffs, then, seems to directly undermine that claim. If Trump wants to use the threat of tariffs to negotiate a new trade deal with China, fine, but then that’s not an emergency—and, as a result, those tariffs cannot be implemented with the emergency powers the president is currently claiming.”
https://reason.com/2025/08/12/after-another-delay-trumps-china-tariffs-look-even-less-like-a-legitimate-emergency/
On Sanctuary Cities, It’s Trump vs. the 10th Amendment
“Over the past three months, the Trump administration has filed lawsuits against Los Angeles, Illinois, Colorado, New York state, New York City, and other places for the express purpose of forcing them to abolish their “sanctuary city” policies and start aiding the feds in rounding up undocumented immigrants and enforcing federal immigration laws.
But unless the U.S. Supreme Court rapidly overturns several of its own precedents, including a recent one from 2018, all of these cases will be constitutional losers for President Donald Trump. Why? Here is how the late conservative legal hero and long-serving Supreme Court Justice Antonin Scalia once spelled it out.
“The Federal Government may neither issue directives requiring the States to address particular problems,” Scalia wrote for the Court’s majority in Printz v. United States (1997), “nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.”
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federal agents still retain their own independent authority to enforce federal immigration law inside of sanctuary states and cities, just as federal authorities retain the independent authority to enforce other federal laws in states and cities. The key point under Printz is that it is unconstitutional for the feds to compel local officials to lend them a helping hand in carrying out the enforcement of federal law.”
https://reason.com/2025/07/31/on-sanctuary-cities-its-trump-vs-the-10th-amendment/
Trump’s Longtime Republican Attack On Education w/ Brittany Coleman | MR Live | Majority Report
Trump is destroying the Department of Education and making it so they cannot fulfill their law-mandated duties. The Constitution states that Congress makes the laws, and the executive faithfully executes them. This is not faithfully executing them.
https://www.youtube.com/watch?v=and1R4YBDfc
Republican SCOTUS Justice’s BS Is EXTREMELY Dangerous
Supporters of textualism act like it is a simple way of reading the law, but judges who practice textualism often claim a clear text is ambiguous or an ambiguous text is clear based on what fits their political or ideological bias.
https://www.youtube.com/watch?v=jTSPi9CYjAQ
Debunking the Dangerous “Christian America” Myth
Mamy prominent founders did not believe in the supernatural claims of Christianity. They did not believe they were founding a Christian nation. Some wrote harshly about major parts of Christianity. They believed in religious liberty. Despite not believing and having harsh words, they were not necessarily anti-religion. Some were culturally Christian despite not believing. There was much disagreement among the founders. The Constitution they created was based on secular rights and the freedom of religion, rather than based on a particular religion.
https://www.youtube.com/watch?v=YAh6ykxtkXU
Supreme Court allows mass layoffs at Education Department as Trump seeks to close the agency
“A divided Supreme Court has cleared the way for the Education Department to fire almost 40 percent of its workforce four months after President Donald Trump ordered his administration to begin closing down the department.
The justices, by an apparent 6-3 vote announced Monday, lifted an injunction a federal judge in Boston granted in May against the firings. That judge found that the staff cuts were so drastic they would prevent the department from carrying out duties mandated by Congress. He also said the mass firings appeared to be part of Trump’s plan to eliminate the Education Department entirely, despite a lack of congressional authorization to do so.
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The high court’s majority offered no explanation for its decision, but all three liberal justices joined a 19-page dissent that accused the court’s conservative majority of favoring the Trump administration when considering emergency appeals.
“When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it,” Justice Sonia Sotomayor wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson.
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The majority stressed in that decision that the high court was not giving its legal blessing to any specific plan to downsize any particular agency. But now it appears to have done just that with the Education Department.”
https://www.politico.com/news/2025/07/14/supreme-court-education-department-ruling-00452134
The First Amendment Protects CNN’s Reporting on ICEBlock and Iran
“CNN published a story on Monday covering software developer Joshua Aaron’s ICEBlock app, which lets “users alert people nearby to sightings of Immigration and Customs Enforcement agents in their area.” CNN reports that the app, released in April, has amassed over 20,000 users. The app, which is only available on the App Store (Aaron is concerned about the mandatory data collection on Android devices), allows users to specify where they’ve spotted Immigration and Customs Enforcement (ICE) activity and alerts other users within a 5-mile radius via push notification. The function of the app is not dissimilar from Waze and Google Maps, which help drivers avoid encounters with police officers monitoring highways and roads for traffic violations.
The First Amendment protects ICEBlock, just as it does Waze and Google Maps. Even if it didn’t, it still would protect CNN’s coverage of it. Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression (FIRE), tells Reason that prosecuting CNN for reporting on ICEBlock “would be like prosecuting a news outlet for reporting on Virginia drivers illegally using radar detectors to avoid speeding tickets.” Moreover, the First Amendment protects the development and use of the ICEBlock app itself because “putting out general information that someone, somewhere might use to evade law enforcement” is not aiding and abetting but “just providing others true information,” says Terr.”
https://reason.com/2025/07/02/the-first-amendment-protects-cnns-reporting-on-iceblock-and-iran/
Either Repeal or Enforce—but Ideally Repeal—the TikTok Ban
“In 2024, Congress passed the Protecting Americans From Foreign Adversary Controlled Applications Act, which prohibited operating or hosting “a foreign adversary controlled application (e.g., TikTok)” within the United States. The law required TikTok to find a buyer by January 19, 2025, or else shut down operations within the United States.
Ultimately, neither happened…Trump issued the executive order on his first day, “instructing the Attorney General not to take any action to enforce the Act for a period of 75 days from today.” He has since issued two additional orders further extending the deadline
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“But no president has the authority to simply postpone the enforcement of a law passed by Congress. The fact that Congress seems content to let Trump decline to enforce it does not obviate the law itself. And for that reason, if Congress will not repeal the law, then it should insist Trump enforce it.”
https://reason.com/2025/07/07/either-repeal-or-enforce-but-ideally-repeal-the-tiktok-ban/