The Normalcy of American Wars

The war in Iran is unlawful and unconstitutional, but in post-World War II America, it is normal. Here is the backstory. When President Donald Trump decided to begin bombing Iran last June, he did not state a coherent or lawful reason for doing so. His director of...

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The American Presidency and Perpetual War

One of the defining failures of modern American government has been the steady erosion of Congress's constitutional authority over war. The Constitution grants Congress — not the president — the power to declare war. Congress decides to go to war. The president wages...

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War and Constitutional Indifference

Since its inception, the government of the United States has inexorably exceeded its powers under the Constitution. All three branches have been complicit in a consistent pattern of constitutional indifference. Congress has regulated in areas of governance nowhere...

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A Republic or an Empire?

The Declaration of Independence of July 4, 1776, embraces two value sets. The first is natural rights, and the second is limited government. After 250 years, neither value has survived, and the opposite of each currently prevails in America. Thomas Jefferson drafted...

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A Requiem for Privacy

When President Donald Trump appointed an obviously unqualified friend, a home builder executive, to be acting director of national intelligence, he inadvertently triggered attention to Section 702 of the Foreign Intelligence Surveillance Act. The director of national...

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A Nation of Suspects

Some of the recent legal challenges to the use of surveillance by the Department of Homeland Security upon Americans have resulted in the revelation of truly terrifying behavior by the government, in direct defiance of the Fourth Amendment to the Constitution. We now...

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When Killing Becomes Commonplace

"It is forbidden to kill; therefore all murderers are punished unless they kill in large numbers and to the sound of trumpets." — Voltaire (1694-1778) Last week, when the Pentagon resumed its attacks on small boats in the Caribbean and eastern Pacific Ocean, the media...

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The Trump Surveillance State

The Fourth Amendment protects all persons from warrantless government searches and seizures of their persons, houses, papers and effects. It requires that warrants be supported by probable cause of crime and specifically describe the place to be searched and the...

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American Heresy

"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness ... They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be...

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Killing and Indifference

Is personal freedom a reality or a myth? Does the government execute the will of the governed or the will of those who finance its officials? Does the Bill of Rights restrain the government? Are the levers of government power pulled by those the governed have elected...

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