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Category: Constitution
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By Selwyn Duke Would you side with Chevron deference, or constitutional diligence? The establishment, including the mainstream media and Democratic Party, has made up its mind. To them, the “Chevron doctrine’s” demise, which takes the matter of settling ambiguous law’s meaning out of bureaucrats’ hands and places it back in judges’ laps, represents a crisis. Forget people…
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By Selwyn Duke The “Left hates the Constitution and constitutionalism,” I wrote in 2018. And there’s a simple reason for this: “The Constitution is a conservative document.” Contrary to what most think, “conservative” above only means that the document serves to maintain a status quo. It limits the change the government can effect, and the Constitution itself is…
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By Selwyn Duke “The Land the Law Forgot,” is what liberal legal scholar Jonathan Turley called New York in June. Oh, it’s not that it doesn’t have laws; it’s got so many, in fact, that studies found it to be our country’s least free state. It’s that N.Y.’s supposed law enforcers are ideological enforcers, using and going beyond the Empire…
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By Selwyn Duke Would you want to be ruled by a government of unelected Anthony Faucis? It’s a relevant question because, although it’s seldom framed this way, that’s precisely what the “Chevron doctrine” gave us for 40 years. Overturning almost 200 years of precedent — the precedent whereby our elected representatives made law and, if it…
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By Selwyn Duke “You’re entitled to your own opinions,” late senator Daniel Patrick Moynihan (D-N.Y.) once famously said — “but not your own facts.” This, apparently, would be news to the Cable News Network (CNN). That is, after interviewing Trump supporters on Sunday, a CNN reporter claimed their observation that the United States is a…
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By Selwyn Duke Years ago, comedian/commentator Bill Maher complained that too many Americans think the Ten Amendments are the Ten Commandments. (In reality, people such as Maher think the Ten Commandments are the Ten Amendments.) Yet now this sentiment is coming from someone who, one might hope, should know better: A constitutional law professor who…
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