When the Opposition Becomes the Witness History occasionally presents an unusual situation. Sometimes the strongest witness is not the supporter. Sometimes the strongest witness is the opponent. That is precisely what makes President Andrew Johnson’s veto messages so important. Johnson opposed the Civil Rights Act of 1866. He opposed it forcefully. He vetoed it. He …
THE JOHNSON FILE: When the Opposition Becomes the Witness Read More »
Why the 250th Anniversary of America Demands Constitutional Reflection Nations celebrate anniversaries. Great nations examine themselves. As America approaches the 250th Anniversary of the Declaration of Independence, citizens across the Republic will celebrate the birth of the Nation. There will be speeches, ceremonies, parades, commemorations, and reflections upon the extraordinary journey that began in 1776. …
Why America Should Pause Before Judgment Every great nation eventually reaches moments that demand as much reflection as action. Moments when the questions before it are so significant, and the consequences so far-reaching, that wisdom requires more than speed. Wisdom requires examination. Wisdom requires patience. Wisdom requires the courage to pause long enough to ensure …
THE GREAT, 14th Amendment MORATORIUM: Why America Should Pause Before Judgment Read More »
Imagine a room. Not a courtroom. Not a political convention. Not a television studio. Not a social media platform. A simple room. A room devoted to questions. A room devoted to evidence. A room devoted to constitutional inquiry. Now imagine that every theory concerning birthright citizenship is invited into that room. Every judicial opinion. Every …
A Constitutional Question for the Republic Americans have long understood a simple principle. Before responsibility is assigned, before judgment is rendered, and before consequences are imposed, the facts must fit the case. No court worthy of respect begins with a verdict and then searches for evidence. No jury worthy of confidence begins with a conclusion …
When the Medicine Is Given to the Wrong Person Most people understand a simple truth. A good medicine given to the wrong patient can produce the wrong result. The problem is not necessarily the medicine. The problem is the diagnosis. If a doctor mistakes one patient for another, even the best treatment can become ineffective. …
THE WRONG PATIENT” When the Medicine Is Given to the Wrong Person Read More »
The Question That Every Interpretation Must Answer Every serious constitutional question eventually arrives at a moment of testing. A point where theories must be examined. A point where assumptions must be challenged. A point where arguments must demonstrate that they are capable of surviving scrutiny. The present controversy surrounding birthright citizenship is no different. For …
Why America Should Understand the Foundation Before Accepting the Outcome Throughout American history, the Nation has repeatedly learned that important decisions often produce consequences far beyond those originally anticipated. Sometimes those consequences are beneficial. Sometimes they are harmful. But in either case, wise societies attempt to understand the foundation of a decision before embracing the …
The Cost of Getting It Wrong: THE QUESTION BEFORE THE CONSEQUENCES Read More »
Why America May Be Looking at the Lock Instead of the Treasure For more than half a century, Americans have argued about a lock. Lawyers have argued about it. Judges have argued about it. Politicians have argued about it. Presidents have argued about it. Today, millions of ordinary Americans argue about it as well. The …
What President Andrew Johnson’s Veto Messages Reveal About the Civil Rights Act of 1866 For more than a century, Americans have debated the meaning of the Fourteenth Amendment’s Citizenship Clause. Entire legal theories have been built upon the phrase “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Yet …
“The Smoking Gun: What President Andrew Johnson’s Veto Messages Reveal” Read More »