ChrisWeigant.com

Archive of Articles in the "The Bill of Rights" Category

Friday Talking Points -- A Shameful Display

[ Posted Friday, June 13th, 2025 – 17:55 UTC ]

It has been a week of dangerous precedents being set -- and it's not over yet.

One precedent that didn't get much media attention (but which is truly disturbing) was Donald Trump giving a nakedly political speech to American soldiers in uniform, where he pre-screened the crowd for both looks and ideology. One memo sent out before Trump arrived specified: "No fat soldiers." Another stated: "if soldiers have political views that are in opposition to the current administration and they don't want to be in the audience, then they need to speak with their leadership and get swapped out."

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The Battle For Hearts And Minds

[ Posted Thursday, June 12th, 2025 – 16:20 UTC ]

The most important battle over immigration policy isn't being fought on the streets of Los Angeles right now, but rather over the airwaves. This is the fight for public opinion, and it could go either way. If the public largely sides with Trump's immigration tactics, it will strengthen his hand. But if the public decides the tactics go too far then it will weaken him in the long run. How the events of this week are ultimately seen by the public could be the deciding factor. Is Donald Trump and his administration doing what the voters elected him to do, or is he vastly overreaching in a dictatorial fashion? That's the entire rhetorical battle in a nutshell.

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Journalists Targeted

[ Posted Tuesday, June 10th, 2025 – 16:24 UTC ]

There has been a very dangerous development in the Los Angeles protests, although so far it seems to be a series of isolated incidents as opposed to any sort of blanket policy. Journalists covering the protests and the police response have been targeted by police using what is now being called "less-than-lethal" weapons (non-lethal rounds such as rubber bullets). And so far, it appears that this targeting has happened not from the members of the National Guard or U.S. military (who have now been deployed, in a serious escalation of the situation by Donald Trump) but rather from local and state police forces. Which is almost more worrisome, since it can't be chalked up to the federal militarization of the response to the protests.

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A Court Decision To Make Everyone Happy

[ Posted Wednesday, May 21st, 2025 – 15:44 UTC ]

It is rare enough, these days, to find a story that everyone should be able to agree with and support, especially when it comes to federal court decisions and constitutional law. But today we actually have one, so we're going to ignore the frenzy of wheeling and dealing currently happening within the Republican Party over their Medicaid-gutting new budget bill and instead focus on a story it's almost impossible not to smile about.

The facts of the case come from a small town, where for some reason the town's "municipal code enforcement officer" decided to become an art critic, as it were. The town -- Conway, New Hampshire -- which assumably is run by either petty tyrants or just garden-variety curmudgeons, demanded a local business remove a bright and cheerful mural that had just been painted by local high school students. The business fought back, and a judge just agreed with the owner and told the town to knock it off and chill out (I am paraphrasing the legal language used, I admit...).

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Be Careful What You Wish For

[ Posted Thursday, May 15th, 2025 – 15:11 UTC ]

I've written about this subject before, where I used the phrase: "Be careful what you wish for" in the opening paragraph, so I thought I'd just use it as today's headline. Previously, I had written about an effort in the Senate to introduce a bill that would remove the ability of federal judges below the level of the Supreme Court to issue nationwide (or "universal") injunctions which banned government behavior while a case was being litigated. Here's how Republican Senator Josh Hawley explained the need for the bill he intended to introduce:

What needs to happen is one of two things: Either the Supreme Court needs to intervene and make clear there's only one court that can issue rules for the whole country, that's the Supreme Court, that's why we only have one of them. [O]r, if they won't do that, Congress needs to legislate and make clear that district courts do not have the ability to issue these kinds of injunctions.

Today, the issue was indeed argued before the Supreme Court. And the conservatives on the court seemed open to perhaps limiting or removing the ability of lower-court judges to issue such universal injunctions. To which I again say: Be careful what you wish for.

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Ed Martin's Confirmation In Serious Doubt

[ Posted Tuesday, May 6th, 2025 – 16:23 UTC ]

There was some good news today for all Americans who cherish the United States Constitution. Interim U.S. Attorney for D.C. Ed Martin's nomination to be permanently confirmed for the job is in trouble. Senator Thom Tillis -- a Republican who will be facing a tough re-election fight next year in North Carolina -- has announced he will not support Martin's nomination in the Judiciary Committee. So Martin's confirmation won't even make it out of the Senate committee responsible for vetting candidates. Since no Democrat is going to vote for him, it leaves Martin with only 11 votes for and 11 against -- which is not enough to make it out of the committee.

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Friday Talking Points -- 100 Daze

[ Posted Friday, May 2nd, 2025 – 17:30 UTC ]

Donald Trump hit two milestones this past week: his first 100 days in office, and his first quarter of negative G.D.P. growth. True to form, he celebrated the first of these with a rally, while blaming the second on Joe Biden. He even tried to front-load any bad economic news in the second quarter as Biden's fault too. Oh, and for good measure, Trump expressed a desire to become the next pope. Which would probably be fine with plenty of Americans -- as long as he quits his current job in order to do so.

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A Real Horrorshow [Part 2]

[ Posted Wednesday, April 30th, 2025 – 16:36 UTC ]

Which brings us to Trump's strongest point, albeit one where his polling is also falling fast. On the subject of the southern border, the public does approve of what Trump has been doing. But on the larger subject of immigration, Trump is underwater in most polls, after starting out his term with those numbers in the positive ranges.

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Friday Talking Points -- The Honeymoon Is Over

[ Posted Friday, April 25th, 2025 – 18:05 UTC ]

Let's start with some good news today, shall we?

Donald Trump's second-term honeymoon phase now seems to officially be over. As new polling continues to roll in (in advance of his 100-day mark next week), it seems to all be telling pretty much the same story. Trump is now in a neck-and-neck race for "fastest slide into disapproval ever" -- with himself. Only one other president in modern times has seen his job approval numbers with the public go underwater this fast, and his name was also Donald Trump (in his first term). It depends on the poll, but in some he's already worse than he was at this point in 2017. No other president was even in negative territory at this point, it bears mentioning.

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Constitutional Questions Matter

[ Posted Tuesday, April 22nd, 2025 – 15:53 UTC ]

There's a new poll out from the Annenberg Public Policy Center at the University of Pennsylvania which has some interesting data -- interesting both for what the data says about American public opinion as well as interesting because of the specific questions that were asked. Most public opinion surveys limit themselves to a few key indicators (presidential job approval being the biggest one), but this poll seemed designed to address some pertinent current issues in much more depth.

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