One of the things that bothers me about the ACA/Obamacare is that it relies heavily on the Commerce Clause of the constitution rather than the government’s power to levy taxes. This is also the weakness that the Supreme Court may exploit in striking down the law. The Commerce Clause In part, the choice to rely…
Constitution
Why I Still Revere an Imperfect Constitution
Recognizing that the U.S. Constitution is imperfect and rejecting Constitutional originalism are not reasons to throw the document out. Let me explain some of the reasons that I think the Constitution does need to be defended as the foundation of our government and how I think we can do so. 1. Its survival. The United States has…
An Imperfect Constitution
For those who imagine the original Constitution was perfect or nearly perfect, two examples to consider: 1. Slavery is the most obvious way in which the Constitution was far from perfect. For a nation predicated on liberty, a founding document that protected hereditary chattel slavery constitutes a huge injustice. To the extent that the preservation…
Constitutional Originalism
Over the last decades, certain conservative political and legal activists have been very effective in selling a vision of the original Constitution as (1) basically perfect and (2) perfectly clear. From this perspective, the only modern approaches to the Constitution are to either (a) maintain it or (b) degrade it. This perspective has been effective in…
What Separates Me From the Religious Conservatives
I am an active church-goer, a Christian believer who has spent time proselyting for my faith. But my politics almost never align with those conservative Republican evangelicals who get so much attention in the Republican Party. Why not? I think the answer boils down to some fundamental differences in perspective: 1. Religious Belief v. Political Belief…
How Much Democracy?
Democracy, most basically ‘rule by the people,’ is an easy thing to support in principle. But in practice it can be an awfully tricky concept to implement. This post is the first in a series examining the principles of democracy and democratic systems. First, a bit of historical background in preparation for the next piece…
A Nation Without Courts
Newt Gingrich is running as an ideas man, as ‘the smartest person in the room’ wherever he goes. Recently he boasted that one of his campaign documents was “the most thorough statement of the Constitution and the balance of power, I think, that’s been written by a political figure since Lincoln’s first inaugural in 1861.”…
Of Senate Obstructionism
A few days ago, former Senator Judd Gregg penned an opinion piece in The Hill about the events of October 6. As an example of historical amnesia deployed for partisan ends, this piece provides an excellent opportunity to correct some misconceptions about the Senate and its rules. Read the piece here and then return for…
Citizenship as a Foundation
In my last post I suggested that the concept of citizenship could provide the basis for a system of valuing individual worth, a system which was sometimes complimentary with and sometimes constraining of capitalism. In explaining this system of citizenship, I’ll start with the three qualifications I outlined earlier: It does not require a radical…
Commander in Chief
I watched the Republican debate last night and had plenty of thoughts that I won’t share here. But one thing that really stood out to me was the way in which they dodged military-related questions, both those having to do with “don’t ask, don’t tell” and items of foreign policy. Their most common refrain was…