Blog Posts


When Does The Sun Set On Racial Classifications?

There’s some crazy sort of death-spiral on display in American politics before our very eyes, and I cannot figure out what it is, or what to do about it. It is enough to note it, and submit the pathology to scrutiny.
As always, a good place to start the diagnostic...


Suggestions for a Commission on the January 6 Riot/Insurrection

The acquittal of Donald Trump was a foregone conclusion in his first and second impeachment trials. Now Senators are suggesting that a bipartisan commission study the riot/insurrection of January 6, 2021. Such a commission would produce a report similar to that produced after the 9/11...

Can We Impeach the Impeachers?

The Senate trial in the second impeachment of Donald J. Trump is unlike any other trial in American history. It is so unique, I wonder whether it should be a trial at all. There is nothing like it in our jurisprudence.
The former president has been accused by the House of...

How Would Jefferson Vote On Trump's Impeachment?

It’s an open question in my mind whether Donald J. Trump committed a high crime or misdemeanor justifying impeachment. Were he a private citizen, I would say there is no question his speech on January 6, 2021, was protected. He no more incited a riot than do cheerleaders at a pep...

Time For A Reckoning With John Locke?

I’ll never forget the thrill of first reading John Locke’s Second Treatise of Government, first published in 1689. (Its actual title is An Essay Concerning the True Original, Extent, and End of Civil Government; the essay is routinely published with an essay attacking Robert...

Will Trump Testify At His Second Impeachment Trial?

Although the second impeachment trial of Donald Trump has yet formally to begin, I can say this much: The House managers’ impeachment trial brief wins my vote as the better of the two briefs filed.
First a word on process.
An impeachment...

Trump's Efforts To Dismiss Are Likely To Fail. That's A Shame

In a normal court case, a party is free to raise whether a court has jurisdiction over the subject matter at any time. The court itself can raise the question. Once a court determines it lacks subject-matter jurisdiction, the case ends immediately. If there is no power to hear a case,...

Marjorie Taylor Greene Isn't What Ails Us

The cancer attacking the fabric of American political life is not Marjorie Taylor Greene. It runs far deeper than that. There is a broader crisis of legitimacy in the land. Congresswoman Greene, like former president Donald Trump, is a symptom, not the cause. Ad hominem attacks on both...

Here's How Trump Can Lose The Impeachment Trial

News that Donald Trump and his impeachment defense lawyers have decided to go their own separate ways raises questions about what will, and will not, take place at the impeachment trial set to begin on February 9 in the United States Senate.
Trump’s five lawyers apparently...

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