ChrisWeigant.com

Archive of Articles in the "The Constitution" Category

Friday Talking Points [496] -- OMG Omarosa!

[ Posted Friday, August 17th, 2018 – 17:07 PDT ]

Omarosa was wholly created, as a media personality, by Donald Trump. He absolutely loved her backstabbing and underhanded play on his reality show, The Apprentice. He loved her act so much that he brought it with him to the White House. Now that she's turned against him, however, he isn't loving her act quite so much anymore. Sad!

Read Complete Article »

I Am Not An Enemy Of The People

[ Posted Thursday, August 16th, 2018 – 18:04 PDT ]

I am not an "enemy of the people." I am not an enemy of The People. Parse it or capitalize it however you like, I am still not an enemy of the people.

Read Complete Article »

Friday Talking Points [495] -- Lost In Space

[ Posted Friday, August 10th, 2018 – 17:19 PDT ]

President Donald Trump, when speaking of his idea to create a "Space Force" branch of the U.S. military, invariably sounds like an adolescent boy raving about his favorite science-fiction film. Perhaps this is why he sent Vice President Mike Pence and Secretary of Defense James Mattis out this week to announce that the Pentagon will (reluctantly) be going along with Trump's idiocy. Trump even unveiled six prototype logos for the new Space Force, all of which look like they were designed by someone who had just woken up from a coma entered into at some time in the early 1960s.

Read Complete Article »

Friday Talking Points [494] -- It's Always Silly Season Now

[ Posted Friday, July 27th, 2018 – 15:44 PDT ]

The beginning of August, in any normal political year, is when we would usually devote at least one column to trying to predict what the upcoming "silly season" will bring. August may be the dog days for most folks, but in politics it is usually the silliest season of the year. Congress scarpers off to enjoy a month-long vacation, which leaves a vacuum of political news in Washington, which leaves political reporters and commenters desperate for an angle to write about -- any angle at all. This normally leads to focusing on some extraordinarily silly subject matter (to the exclusion of all else), for weeks on end -- hence the season's unofficial name. But these are not normal times, of course, and part of the abnormality that Donald Trump has ushered in is such a vast extension of the silly season that it can now be accurately said to have encompassed the entire calendar year. There is no more silly season anymore, in other words, because it is now silly season all the time. Just check Trump's Twitter feed on any given day, if you require proof.

Read Complete Article »

Everybody Agrees We Have The Freedom To Disagree

[ Posted Wednesday, July 4th, 2018 – 15:44 PDT ]

In these tribalistic political times, it can be very hard to see it but there are still things we all largely agree upon. For instance: blowing up a bunch of fireworks is really cool, and we should all get together to enjoy the spectacle at least once a year. Who could be against such a deeply-rooted American tradition, after all?

Read Complete Article »

Friday Talking Points [490] -- Full Court Press

[ Posted Friday, June 29th, 2018 – 17:04 PDT ]

Liberals had a very bad week at the Supreme Court last week. There's no denying it. Almost all of the final decisions of the year went against them, and that was before the news of Justice Anthony Kennedy's impending retirement hit Washington like a bombshell. Fears that President Donald Trump will pick an ultra-conservative to replace him mean that bedrock decisions such as Roe v. Wade are now hanging in the balance. Democrats are vowing to fight hard against the next justice's confirmation, but this is quite likely a fight they are going to lose.

Read Complete Article »

Democrats Need To Campaign More On Judicial Picks

[ Posted Tuesday, June 26th, 2018 – 17:21 PDT ]

Gerald R. Ford once famously pointed out that the practical definition of what constituted grounds for impeaching a president (since it is only vaguely defined in the Constitution itself) consisted of whatever a majority of the House of Representatives decided were valid grounds for impeachment (Ford, on the House floor, before he became Nixon's vice president: "The only honest answer is that an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history"). Likewise, it almost appears self-evident that defining what is constitutional and what is not can be similarly reduced to whatever a majority of the Supreme Court decides is constitutional, at the present time. Dred Scott was constitutional -- right up until it wasn't -- because a Supreme Court had determined it was. It took a shift of opinion on the highest court to reverse this. Again, this should all be pretty obvious to even the most causal observer of American history. Which is why, in fact, the conservative movement has focused so intently on the judicial branch for the past three decades and more. This began at the height of the anti-abortion movement during Ronald Reagan's time in office, and it continues today on the right side of the spectrum. But for some unfathomable reason, liberals have never matched this level of political fervor about judicial appointments. But now the stakes are higher than ever.

Read Complete Article »

"Zero Tolerance" Legal And Political Fallout Will Continue

[ Posted Monday, June 25th, 2018 – 17:15 PDT ]

President Trump probably thought that a decisive move from him would end all the fuss over his "zero tolerance" policy on immigration. He signed an executive order, therefore the problem would thus go away. But this isn't how things work in the real world, where the fallout is going to continue for the foreseeable future. There will be two major arenas where this is going to play out: in the courtroom, and on the political stage.

Read Complete Article »

Friday Talking Points [487] -- Trump Hands Democrats Enormous Midterm Gift

[ Posted Friday, June 8th, 2018 – 18:08 PDT ]

As usual, there was a whole lot of political news this week, as President Trump continues to flail his way around the world in multiple unhinged ways. But this week, our eye was caught by the story that the Trump Justice Department has announced it is now conspiring to hand Democrats the midterm elections. Maybe Trump should appoint a special prosecutor to look into or something?

Read Complete Article »

Supreme Court Takes The Cake

[ Posted Monday, June 4th, 2018 – 16:40 PDT ]

Today, the Supreme Court punted. Or, to be more properly seasonal, they ruled that a runner didn't touch second base so they invalidated his home run. The case before them was Masterpiece Cakeshop versus Colorado Civil Rights Commission, a test case that dealt with the limits of the freedom of religion and the state's right to regulate commerce to assure equal treatment under the law for all. However, the ruling did not directly address that weighty constitutional issue, but rather ruled that the state behaved improperly in its decision-making process. They didn't rule on the decision itself, in other words, but rather how it was arrived at. This is the big reason why the ruling was not another 5-4 decision, but rather 7-2. If the high court had ruled on the actual question before them, no matter how they ruled it most probably would have been another close 5-4 split.

Read Complete Article »