Commentary: The Next American Economy

In few areas is economic policy’s inseparability from politics more manifest than in global trade. In the period immediately following ratification of the U.S. Constitution, for example, trade debates within the Washington Administration became quickly entangled with arguments about what should be America’s stance vis-à-vis the spreading global conflict between France and Britain in the French Revolution’s wake. Similarly, when Congress and the executive branch today develop or modify trade policy, whether in a liberalizing or protectionist direction, it inevitably has political ramifications for both America’s allies and its opponents in the world.

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Second Amendment Foundation Sues over Washington’s High-Capacity Magazine Ban

The Bellevue-based Second Amendment Foundation on Friday filed a federal lawsuit against Washington State Attorney General Bob Ferguson and several other officials, challenging the state’s ban on large-capacity magazines for handguns and rifles.

Senate Bill 5078 prohibits the sale of gun magazines with a capacity of more than 10 rounds, along with the manufacturing, distribution or import of such magazines in Washington.

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Commentary: The 25th Amendment Won’t Fix Our Biden Problem

Joe Biden waving on a stage

Despite widespread concern about his cognitive health, President Biden won’t be removed from office pursuant to the 25th Amendment. It would require an unlikely display of integrity from his Vice President and Cabinet, plus an implausible level of bipartisanship in Congress. Moreover, the claims of politicians and pundits aside, the involuntary ouster of an unfit president isn’t the purpose of the amendment. Its principal function is to guarantee that the executive branch of the government is at all times led by an official who is conscious and able to communicate. Thus, the first 3 of its 4 sections focus on keeping the presidency continuously occupied.

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Democrats Sue to Keep Three Incumbent Wisconsin Republicans Off 2022 Ballot for Alleged Insurrection Roles

Democratic Party activists in Wisconsin on Thursday filed a lawsuit in federal court demanding that Wisconsin Republicans Sen. Ron Johnson and Reps. Tom Tiffany and Scott Fitzgerald be barred from the 2022 ballot for highlighting abnormalities in the 2020 election process and their alleged attempts to interfere with the congressional certification of the results.

The plaintiffs allege the Republicans “used their public positions of authority to illegally foment an atmosphere meant to intimidate and pressure Vice President [Mike] Pence and Congress to take actions inconsistent with the facts and with their duties under the Electoral Count Act and the U.S. Constitution,” according to a report from the Epoch Times.

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Attorney General Brnovich Says Arizona Can Act on Its Own on the Border Since There’s an Invasion

State Representative Jake Hoffman (R-Queen Creek) asked Arizona Attorney General Mark Brnovich for a legal opinion on whether there is an “invasion” under the U.S. Constitution on the U.S. border with Mexico, allowing Arizona to defend itself. Brnovich responded affirmatively on Monday, saying it’s up to Governor Doug Ducey to initiate action. 

Hoffman told The Arizona Sun Times, “I’m glad to see that Attorney General Brnovich today agreed with my assessment that the crisis occurring on our southern border constitutes an invasion and a total failure by the Biden administration to fulfill its constitutional obligation to protect the people of Arizona.” 

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Arizona Gubernatorial Candidate Kari Lake Offers Groundbreaking Solution to Fix Border: Go Around Feds with an Interstate Compact

Kari Lake

Arizona gubernatorial candidate Kari Lake unveiled a border security plan aimed at circumventing the federal government through the creation of an interstate compact.

Titled “Defend Arizona: We will do what Washington will not,” her plan will bring states together to use Article I, Section 10 of the U.S. Constitution to “declare their territories as under invasion and declare it their sovereign right to secure the borders of the United States.” Lake told The Arizona Sun Times, “The people of Arizona and the people of this country are dying to have real solutions to bring sanity and the security back to the border.”

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Professor Claims Constitution Is the ‘Enemy’ of Democracy

The day prior to the one-year anniversary of the Jan. 6 Capitol breach, Politico magazine ran a guest column by a political science professor who argued the U.S. Constitution has become a threat to democracy.

Corey Robin, a professor at Brooklyn College and the City of New York Graduate Center, wrote a piece titled “Republicans Are Moving Rapidly to Cement Minority Rule. Blame the Constitution.”

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Commentary: American Citizenship Is Caught Between Creed and Clan

Our politics is currently overwhelmed with identity. Rights, votes, participation, all understanding of one’s place in the country is said to be based on one’s “identity.” The one identity that people shy away from is that of the American citizen. Who precisely is this person?

The American Constitution speaks in the voice of “We the People,” but never defines who that people might be, even if they already existed in 1787, even before the establishment of a “more perfect Union.” Who are these Americans? Who, as an individual, is an American? On the one hand, this is a simple question to answer. There is a legal definition of citizenship based on birth or naturalization, and some people simply are Americans and others are not. It is a matter of paperwork.

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Commentary: Court’s Legitimacy Depends on Overturning Roe v. Wade

When the U.S. Supreme Court takes up Dobbs v. Jackson Women’s Health Organization today, it will be asked to overrule Roe v. Wade, the court’s 50-year-old precedent that created a constitutional right to abortion.  Legions of commentators are turning out to defend Roe, claiming that the Supreme Court’s legitimacy depends on reaffirming it.  They are wrong.

The majority’s opinion in Roe has undermined the court’s legitimacy for nearly a half-century. Roe relied on dubious reasoning to remove a contentious policy issue from the reach of the American people, placing all abortion policy in the hands of the unelected and unaccountable judiciary. As a result, Roe has politicized the court and poisoned the judiciary. The most legitimate thing the Supreme Court can do is overrule Roe.

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Arizona State Rep. Jake Hoffman Asks Attorney General Brnovich for Legal Opinion on Biden Administration’s Failure at the Border

Arizona Rep. Jake Hoffman (R-Queen Creek) sent a letter to Arizona Attorney General Mark Brnovich requesting a legal opinion on whether the Biden administration has failed its obligations at the U.S. border with Mexico. He is concerned there is an “invasion” taking place due to the vast numbers of illegal immigrants entering the country, the increase in crime, and the control the drug cartels have over areas along the border.

He wrote, “In light of the efforts by the new federal administration of President Joe Biden to encourage, rather than discourage, illegal aliens coming to our country, including by crossing the Arizona border illegally, I am writing to ask for your formal legal opinion of whether or not the federal government has failed — intentionally or unintentionally — to uphold its obligations to protect our state from invasion under Article IV, Section 4 of the U.S. Constitution.”

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Chaplains Ordered to Interrogate Guardsmen Seeking COVID Vaccine Exemption

Religious, athletic and medical professionals in North America are facing increasing pressure to not only get vaccinated against COVID-19, but also censor their concerns to keep getting paid.

The U.S. Coast Guard developed an accusatory script for chaplains to use when quizzing service members on their requests for religious exemptions from vaccines.

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Pennsylvania Congressman Lamb Silent on National Archives Labeling Constitution for ‘Harmful Language’

The National Archives and Records Administration (NARA) has slapped “Harmful Language” warnings on online displays of American founding documents, including the Declaration of Independence and the Constitution—and U.S. Rep. Conor Lamb (D-PA-17) is keeping quiet about it.

The Star News Network emailed Lamb’s press office Friday to ascertain his view of the matter. Neither the congressman—who recently announced a bid for U.S. Senate—nor his staff have replied.

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Commentary: How States Could Assume Abandoned Responsibilities of the National Government

The COVID pandemic has witnessed the exercise of state “police powers” on a scale and scope unprecedented in America’s peacetime history. Out of fear of contagion, massive amounts of private property in the form of shops, restaurants, bars, and other businesses were peremptorily seized and shuttered. The rights of landlords to collect rents and evict tenants were suspended. The ability of people to cross from one state to another was hobbled by regulations, quarantines, and delays. And most of this was accomplished by governors and mayors acting by decree, with only the most tenuous of statutory authorizations.

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Commentary: The Case for the Unconstitutionality of Abortion

In the April issue of the conservative journal First Things, the esteemed natural law philosopher John Finnis wrote an essay titled “Abortion Is Unconstitutional.” Finnis’ basic argument was that the traditional conservative or originalist stance on abortion and the Supreme Court’s infamous 1973 Roe v. Wade decision—namely, that the Constitution is “silent” on the matter and that it is properly an issue for states to decide among themselves—is both morally insufficient and legally dubious.

According to Finnis, unborn children are properly understood as “persons” under the 14th Amendment’s equal protection clause, and state-level homicide laws, therefore, cannot discriminate by protecting live people but not unborn people. The upshot under this logic is that overturning Roe and its 1992 successor, Planned Parenthood v. Casey, would not merely return abortion regulation to the ambits of the various states, as earlier conservative legal titans such as the late Justice Antonin Scalia long argued. Rather, it would mandate banning the bloody practice nationwide.

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