Every few years one side or the other complains that the President is over-reaching his authority. This almost naturally leads to the debate over “Implied Powers,” and whether or not they (the implied powers) exist (they do) or not?
In 2014, the world faced the specter of ISIL (or ISIS or IS) as the Islamic State overran vast swaths of territory in Iraq and Syria (the “Levant”) and begun to impose its version of Islamic Law on the local inhabitants who really just wanted to be left alone. When they (the locals) wouldn’t go along with the insane Islamic nut jobs, they (ISIL) began to commit mass murder on an industrial scale.
Reactions ranged from the idea that we – the United States – had a “moral” duty to step in, to the position that we should stay the heck out of yet another war in Asia. was the Islamic state an actual threat to the United States or its “national interests?”
How do we define the “National interests” that guide our foreign policy? Most of all, what does the Constitution have to say about not just the powers involved, but what, if anything, about the process?
Sausage making, as the process has been described, is not really pretty, and generally speaking not at all interesting.
But if you want breakfast, you have to break a few eggs. And grind up some pigs…
There is a reason why Soccer, or as the rest of the world labels it, futbol, has never really caught fire here in the States. Look, I follow EFL futbol (frankly, MLS isn’t even on the radar of acceptable soccer in the world). It’s not that the game is remarkably dull, with 0-0 (sorry, Nil-Nil) ties dominating the scores. It’s not. With a passion that rivals our love of the NFL, the fans live and die with each games sheet. Frankly, our corporate issue with the game is one of the tactics that gets used. Oddly enough, Americans use this tactic in politics every single day. In fact, “Play the Man, Not The Ball,” could very well be the motto of American Politics.
How so, you ask?
The annual “Article V convention” drum is being beaten again. As everybody pretty much believes that Nancy Pelosi will be the Speaker in January, those who believe that the only way to save the country is to reign in Congress are calling for their convention again. I get tired of it because (a) it’s not going to happen and (b) the people who are demanding it have no real clear plan for what they are doing. This is not 1786 in Annapolis. and these people are not George Washington, John Adams. Tench Coxe, George Mason or even Alexander Hamilton.
While Saudi Arabia prepares to execute an Indonesian woman for idiotic reasons, Pakistan’s Supreme Court welcomed the arrival of the 21st Century over the protests of its people who still believe that disease and bad luck are spread by magic spells and cooties. But don’t think that the limits of religious stupidity are found solely in the world of the PLRI. Believe me, it’s here in my backyard as well…
This past week the Chief Justice of the US Supreme Court ordered a stay, delaying the start of the trial of the case, Juliana v US. this is the second time that there has been a stay in the famous case, which seeks to force the US Government to pursue policies that would “keep warming in check.” Both the Obama Administration and the Trump administration (which submitted a 103-page argument to the Court asking for the stay) have argued that the case is problematic, in that it violates the separation of powers in the Constitution.
The plaintiffs, supposedly a group of young people, claim that their civil rights have been violated and they have demanded policy changes that would “protect their civil rights” from the effects of global climate change in the future.
This raises a number of questions, one of which is, what exactly is a “civil right?”