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Archive of Articles in the "The Supreme Court" Category

Friday Talking Points -- Trump Humiliated By His Own Party

[ Posted Friday, March 15th, 2019 – 18:03 UTC ]

President Donald Trump just got humiliated three times in the same week. By his own party. Could this be a trend? One would certainly like to think so, but that may be premature (or overly optimistic).

Of course, it's debatable whether Trump can even be humiliated, because it's tough to humiliate someone who does not know the meaning of the word humility. You can call Trump many things (and we often do), but "humble" certainly isn't one of them.

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Friday Talking Points -- Trump Begins Building Stone Wall

[ Posted Friday, March 8th, 2019 – 19:06 UTC ]

President Donald Trump, as we all know, is a big fan of walls. Big, beautiful walls, according to him. But although he's never gotten Mexico to pony up a single peso for his border wall, and is still having trouble convincing Congress that it's the right thing to do, when future historians look back on this week, they might mark it as when Trump began constructing a metaphorical wall between his administration and Congress. Because the first big block of stone was just deposited on the White House lawn -- with 81 more big stone blocks waiting in the wings.

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It's High Time For A $15 Minimum Wage Bill

[ Posted Thursday, March 7th, 2019 – 17:26 UTC ]

Even though they haven't gotten nearly enough credit in the mainstream media so far, House Democrats are doing a pretty good job of "walking and chewing gum at the same time." They are investigating Donald Trump and everyone around him, as they were elected to do; but they are also producing some pretty impressive and forward-thinking legislative efforts as well. Their problem, though, is achieving much success in getting this message out in the media. What with Donald Trump's incessant tweeting and the presidential race beginning to take shape, the political media -- not the Democrats -- are the ones who seemingly can't manage to masticate and perambulate simultaneously.

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Anti-BDS Legislation Is Unconstitutional

[ Posted Tuesday, March 5th, 2019 – 17:41 UTC ]

The subject of Israel and American politicians' support for Israel is in the news this week, as the Democratic House votes to condemn anti-Semitism. It is doing so to punish one of its own members for not being sufficiently supportive of Israel, and for complaining about how American politicians' support for Israel has to be unquestioning and absolute.

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An Even Dozen Democratic Candidates

[ Posted Monday, March 4th, 2019 – 18:52 UTC ]

And then there were twelve....

It's been a few weeks since I last wrote about the Democratic presidential field, and we've had a few announcements in the meantime, so it's time once again to quickly run down who is running for president and who is not. If you think the answer to that first question is "pretty much everybody," well, you're not alone in thinking that. We're likely only about halfway through the announcement season, and we've already got a wealth of Democrats to choose from. It's already gotten to the point where sitting down with a blank piece of paper and listing them all is tough for even the wonkiest among us to do (I just tried this, even after I had been browsing the Wikipedia page on the subject, and I only managed to remember 11... I forgot to list Gillibrand...). And this is likely only going to get harder to do, as more and more people decide to jump in.

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Friday Talking Points -- Trump Unites Washington!

[ Posted Friday, March 1st, 2019 – 19:11 UTC ]

In a bizarre development this week, President Donald Trump brought unity to all the politicians in Washington. He managed this feat by failing to get any deal out of his much-hyped summit meeting with North Korea's murderous dictator Kim Jong Un. When news of this failure on the international stage reached Washington (in [...]

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Congress Taking Historic Steps To Retake Some Powers

[ Posted Tuesday, February 26th, 2019 – 18:24 UTC ]

Just before I sat down to write this, the news broke that the House of Representatives had voted (245-182) to nullify President Donald Trump's declaration of a national emergency at the southern border. But rather than focusing on the personality-driven nature of this particular vote, I think it is worth taking a step back and looking at it through a bigger-picture lens. Because this isn't the only historic action Congress is currently considering when it comes to retaking constitutional powers that it had previously handed over to the executive branch. Taken together with the upcoming Senate vote on ending American involvement in the war in Yemen, this represents what could be the beginnings of a historic shift in power back to the legislative branch, which would return some power to the legislature that the framers of the Constitution never intended the president to have in the first place.

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Friday Talking Points -- Muellermas Eve?

[ Posted Friday, February 22nd, 2019 – 18:25 UTC ]

The news media -- once again -- has been in a frenzy over the possibility that Robert Mueller will wrap up his investigation next week and issue his long-awaited report. They've gone down this road before, as have President Trump's legal advisors (who have been telling Trump the whole thing is going to be over very soon now for almost a solid year and a half). So you'll forgive us for not being all that convinced that this is indeed the time that Lucy won't pull the football away, and we'll finally get to kick it thumpingly down the field!

Perhaps we're being a wee bit too cynical? Maybe. But then again, maybe not. We'll see what next week brings.

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Truman's Supreme Court Ruling On Emergency Powers

[ Posted Monday, February 18th, 2019 – 18:48 UTC ]

But instead, today I'd like to look a bit further into the past, because there is one particular court case which everyone is going to be paying a lot of attention to in the upcoming weeks. The case is Youngstown Sheet & Tube Company v. Sawyer, usually now just referred to as the Youngstown case or "the steel case." The plaintiff was a steel company in Ohio and the defendant was the Secretary of Commerce Charles Sawyer. But the real defendant was President Harry Truman, who had directed the federal government to seize control of all the steel plants of the country, in order to avoid an imminent strike. Truman believed he had this power because American was in the midst of the Korean War at the time, therefore he reasoned he had presidential power to avoid disruptions to the war effort.

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Friday Talking Points -- Trump Throws His Biggest Hissy Fit Yet

[ Posted Friday, February 15th, 2019 – 18:28 UTC ]

Emergency! Ahh! Everybody run!

Sigh. Well, here we are. Not only has Donald Trump become the first president to order the military to do essentially nothing just to make a political point (see: midterms 2018, border deployment), he has now become the first president to declare a national emergency because he made a political promise he just couldn't keep. He couldn't keep it because -- counter to his own self-portrayal as a dealmaking genius -- Donald Trump is such a terrible dealmaker that he couldn't even get a Republican Congress to give him what he wanted, for two whole years. And if that isn't a national emergency, then what is?

Let's just take a moment to quickly review how we got here. Donald Trump began his presidential campaign warning about the flood of evil brown people who were coming to rape and murder us all in our own beds. He boiled this down into one call-and-response phrase to use at his rallies:

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