Obama deserves credit for helping to push the struggle for same-sex marriage to a successful conclusion, for appointing some highly capable judges (despite flaws in their judicial philosophy), and for causing the Supreme Court to establish some valuable precedents protecting federalism, property rights, and religious freedom (albeit, often unintentionally). On the other hand, we may well have occasion to rue his overly expansive approach to executive power, particularly when it comes to initiating wars without congressional authorization.
Now that the Electoral College has made Trump’s 2016 win final, this a good time to start thinking about what powers he will have when he comes into office in January.
The Founders understood the incentive faced by Congress and the president to exceed the constitutional limits on their power.
So far, in 2016, he has granted 493. Consequently, the President’s current total for commutations (673 – almost all for drug offenders) is greater than that of several of his predecessors combined and more than any single president has granted since Calvin Coolidge.
In this seventh installment in his series on religious liberty, Prof. Mark Hall explains how legislators have carved out exemptions to the Controlled Substances Act to protect religious ceremonies involving controlled substances.
It was a wild week. Here are some highlights! Roger Pilon of the Cato Institute speaks on the philosophical foundations of the Constitution in this podcast. NYT criticizes Gary Johnson for Aleppo gaffe, misidentifies Aleppo three times. Read the story of how refugees in Hong Kong helped hide Edward Snowden for weeks following the NSA leaks. […]
For more of Spooner’s libertarian anarchist criticism of the US Constitution, check out his “No Treason: The Constitution of No Authority.”