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Archive of Articles in the "The Constitution" Category

Friday Talking Points -- The End Of The Impeachment Road

[ Posted Friday, January 31st, 2020 – 17:34 UTC ]

As of this writing, nothing has been officially decided yet in the Senate impeachment trial. However, one thing seems almost certain at this point: there will only be 49 votes, maximum, in favor of calling witnesses. Both Lisa Murkowski and Lamar Alexander have announced that they will not be voting for witnesses, which leaves all 47 Democrats together with only Mitt Romney and Susan Collins. Murkowski may have been persuaded to vote no because if she had voted yes it would have set up an uncomfortable situation for Chief Justice Roberts, who would have to decide whether to break a 50-50 tie or not (with the safe money being on "not"). In any case, that's how things stand as I begin writing this.

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Constitutional History Being Made

[ Posted Wednesday, January 29th, 2020 – 18:31 UTC ]

Some constitutional history was made this week -- and it had nothing to do with President Donald Trump, because presidents have absolutely no role in amending the Constitution itself. That power is reserved to Congress and the legislatures of the states. And Virginia's state legislature just officially ratified the Equal Rights Amendment. In doing so, they became the 38th state to ratify, which seems to meet the constitutional requirement that three-fourths of the states ratify an amendment in order for it to be adopted as part of the Constitution. This is a fairly momentous occasion, which coincides with the other constitutional history being made in the Senate this week, as only the third-ever presidential impeachment trial continues.

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Friday Talking Points -- My Impeachment Reactions So Far

[ Posted Friday, January 24th, 2020 – 18:19 UTC ]

Since there's really only one story this week, we're going to totally forgo our usual format here and instead share our thoughts on the impeachment trial of President Donald Trump in the United States Senate. Other things happened in the world of politics this week, but they all pale in comparison to the constitutional theater playing out live on television for seemingly-unending hours. We're even going to forgo our much-beloved editorial "we" this week, to better focus on our personal reaction to the third-ever presidential impeachment trial in our history.

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Friday Talking Points -- Republican Senators Prepare To Violate A Sworn Oath

[ Posted Friday, January 17th, 2020 – 17:46 UTC ]

This doublethink continued this week, as every sitting senator (except the one who was absent due to a family medical emergency) swore a solemn oath to be an impartial juror -- an oath that several Republicans have already publicly promised to utterly disregard. Because, you know, all that business about being for law and order and all that tut-tutting over the sins of "moral relativism" is so 1990s.

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Friday Talking Points -- The Madman Theory, Personified

[ Posted Friday, January 10th, 2020 – 18:29 UTC ]

We've said it before and we're sure we'll have to say it again before the year's out, but President Trump is the personification of what Richard Nixon used to call the "Madman Theory" of foreign policy. Back then, it was a bluff -- if Nixon acted crazy enough, then perhaps the North Vietnamese would think he was so crazy he might just drop a nuclear bomb on them. This would tend to restrain them more than if they were sure he wouldn't.

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Precedent Trump

[ Posted Thursday, January 9th, 2020 – 18:23 UTC ]

Today, I'd like to step back from a day-to-day analysis of Donald Trump's actions in order to look at a slightly bigger picture. Because at this point, it almost seems like we should all start calling him "Precedent Trump," since he is setting so many of them for future presidents to either use or abuse at will. Republicans who now slavishly insist upon supporting anything and everything Trump does -- no matter how outrageous, no matter how disruptive -- should be warned that future presidents (Democratic ones most definitely included) may one day point to current GOP behavior while insisting that they have exactly the same rights that Trump has claimed for himself. Because this is always the ultimate test of supporting any expansion of presidential powers: would you support a president of the other party doing such a thing? Again, Republicans would do well to consider this in the Trump era, because it's my guess that some of these precedents are going to come back to bite them later on. And it'll be pretty tough for them to argue against these precedents after so wholeheartedly supporting them now.

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Friday Talking Points -- On The Brink

[ Posted Friday, January 3rd, 2020 – 18:23 UTC ]

As we sit down to write this, America is on the brink... of a lot of things, all at once. Largest among these: we are now on the brink of another war in the Middle East, this time with Iran. We could also be on the brink of a North Korean nuclear test or I.C.B.M. launch, which would probably signal a disastrous end to the Trump diplomatic bromance with Kim Jong Un. We're on the brink of a presidential impeachment trial in the Senate -- only the third one in our entire history. We're on the brink of a presidential primary season. And we're on the brink of a new political decade. All are pretty momentous, meaning that 2020 could turn out to be even more chaotic than the three years which preceded it. There's a scary (or just plain exhausting) thought, indeed.

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Looking Ahead To The Next Decade

[ Posted Thursday, January 2nd, 2020 – 16:34 UTC ]

I'm writing my first 2020 column looking ahead to not the new year but the entire next decade. Before I begin, I have to admit that I'm one of those pedants who point out (every ten years) that turning a zero on the year doesn't actually mean the start of a new decade, since there was no "year zero" at the start. Technically, the 201st decade won't be over until New Year's Day, 2021. Hmmph. But I realize I'm in a tiny minority, so for the purposes of this column I will bow to the prevailing notion that the 2020s began yesterday. And in American politics, a new decade means new dividing lines for the House of Representatives.

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My 2019 "McLaughlin Awards" [Part 2]

[ Posted Friday, December 27th, 2019 – 19:41 UTC ]

Welcome back to the second and final installment of our year-end awards columns! If you missed last week's column, you should probably check that out, too.

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My 2019 "McLaughlin Awards" [Part 1]

[ Posted Friday, December 20th, 2019 – 19:05 UTC ]

Welcome back once again to our year-end "McLaughlin Awards," named for the awards categories we lifted from the McLaughlin Report years ago. We've added a category here and there over time, but it's still the same basic list.

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