Tag: Constitution

Historical Nuance & America’s Founding

It’s always important to define one’s terms before delving into an explanation of anything. I would like to begin with a definition of the following word: Nuance: A subtle or slight degree of difference, as in meaning, feeling, or tone. Expression or appreciation of subtle shades of meaning, feeling, or tone. Nuance needs to be applied to history, especially in the current atmosphere where many are angry over injustices that have occurred in American history. There are three attitudes one… Read more »

Liberty or License?

Some people are beginning to grumble about the stay-at-home orders during this COVID-19 era. Protests are beginning to pop up in various state capitals. The concern, they say, is that their liberty is being trampled by authoritarian government. At this juncture, it might be beneficial to define terms. Noah Webster, America’s first lexicographer, offered in his 1828 dictionary a key distinction between the words “liberty” and “license.” He divided liberty into various types, one of which was “civil liberty,” the… Read more »

Impeachable Offenses: A History (Part 3)

In my previous two posts, I offered insights on impeachable offenses from the preeminent expositor of the Constitution in early America, Supreme Court Justice Joseph Story, and from one of the most learned legal scholars of the twentieth century, Raoul Berger. In this, my final post dealing with the subject, I turn to what the House of Representatives concluded during its investigation of Richard Nixon’s potential impeachment. Yes, that House conclusion was written when Democrats controlled the House, but it… Read more »

Impeachable Offenses: A History (Part 2)

In my last post, I drew from my book, Mission: Impeachable, on whether an impeachment and removal from office required the violation of a specific law. I quoted Supreme Court Justice Joseph Story (served 1812-1845) who, in his Familiar Exposition of the Constitution, noted that the history of impeachment, both in theory and in practice, had never laid down such a requirement. Story was the most eminent constitutional commentator of his day, and his view needs to be taken seriously…. Read more »

Impeachable Offenses: A History (Part 1)

We are in the midst of another impeachment drama, the third in my lifetime. The first, that of Richard Nixon, didn’t reach a full House vote or a Senate trial due to Nixon’s wise decision to resign. The second, that of Bill Clinton, went to the Senate but suffered from the tribalism that so affects us still today, with not even one Democrat voting to remove him from office. After that failed attempt to turn the presidency over to VP… Read more »

On Honoring Government

Let me clarify something today. I can almost hear some readers of this blog thinking, “He criticizes the president and Congress so much that he can’t really have any respect for the government.” The opposite is true. I have the highest regard for the federal government. This comes from a reading of the Constitution, the debates over its ratification, and the character of many of those who helped bring it to pass. I believe the form of government set up by… Read more »

Article 2 Says What?

Last week, President Trump spoke to a crowd of young conservatives at a Turning Point USA (TPUSA) conference in Washington, DC. In the process of criticizing former special counsel Robert Mueller, he said the following: “Then I have an Article 2, where I have the right to do whatever I want as president.” He was referring, of course, to the second article in the US Constitution. Well, I’ve read the Constitution (I won’t speak for President Trump as to whether… Read more »