January 20, 2018

Darth Cheney, unleashed.

Dick Cheney’s memoir, “In My Time,” is out today. As Daniel Henninger at the WSJ says No one should have expected that Dick Cheney’s memoir would be anything but frank. Make that brutally frank. Such as this characterization of Secretary of State Condoleezza Rice’s description to President George W. Bush of her proposed nuclear-weapons agreement with […]

John Adams: From Boston to Guantanamo to DOMA

Michelle Mumford looks at the Defense of Marriage Act (“DOMA”) and its Defense in the context of the Honorable Monroe G. McKay, Senior Judge on the United States Tenth Circuit Court of Appeals, address to a group of young lawyers at the Utah State Bar’s annual Law Day luncheon on the theme of “The Legacy […]

Terror Alerts in a time of elections

There are October surprises (“some unforeseen or otherwise dramatic development that prompts millions of voters to rethink their assumptions and allegiances“) and there are terror alerts. During the Bush Administration, initially because of nationwide fears after 9/11, terror alerts began with corresponding increases in “chatter” amongst the terrorist networks, as intercepted by our intelligence agencies. Because it often […]

Amending the Constitution? A B.F.D.

With Constitution Day just passed (September 17th), hopefully we’ve all increased our awareness about the governing document for our nation’s political processes.  Written over two hundred years ago, the US Constitution is now the oldest written constitution.  And yet, it is still important, if not essential, to our nation’s governance. Included among its clauses is guidance […]

“Don’t create a passive President”: Looking at “Signing Unconstitutional Laws” by William Baude (part 3, Conclusion)

Part three of my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… today we are looking at the risks associated with signing unconstitutional laws. What are the risks? Even if, enlightened as he may be, the President signs the law with no intention of acting or executing it, there is […]

Justice Clarence Thomas: the Justice you’d want to hang with

I’ll make no secret of it–in my limited interactions with the illustrious members of the US Supreme Court, I’ve come to the conclusion that Justice Clarence Thomas would be the most enjoyable to hang out with.  At a Q&A with Chief Justice Roberts, when asked about working with the other justices of the Supreme Court, […]