There is a point in the decline of republics when the problem is no longer that government breaks its own laws. Governments will always behave unlawfully. The deeper problem comes when the constitutional machinery designed to prevent those acts stops functioning — when spending becomes detached from arithmetic, presidential power becomes detached from law, and […]

When a government agency comes to an internet service provider demanding information about Americans because of what they have said on social media, the provider should discard the demand, close the door or hang up the phone. The government is not entitled to rummage through the political opinions, associations, criticisms and angry rhetoric of anyone […]

“The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness… They conferred against the Government the right to be let alone — most comprehensive of rights and the right most valued by civilized men.” ~ Justice Louis D. Brandeis (1856-1941) The rapid spread of public surveillance cameras represents something far more consequential than a new […]

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 national intelligence and his own CIA had publicly […]

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 it. Over the past several decades, presidents of both major parties have […]