TGIF: Liberty Requires Nationwide Injunctions

TGIF: Liberty Requires Nationwide Injunctions

The government is always a threat. This we must never forget. In that light, I want to examine the recent U.S. Supreme Court ruling in Trump v. CASA, the 6-3 decision that sided with the Trump administration's position that a federal district court exceeded its congressional authority when it issued a temporary nationwide, or universal, injunction against Trump's executive order redefining the post-Civil War 14th Amendment clause that affirms birthright citizenship. The Supreme Court did not rule on the legality of that executive order. Rather, it ruled that the district court's temporary...

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TGIF: The US Empire’s 72-Year War on Iran

TGIF: The US Empire’s 72-Year War on Iran

The likely temporary Israel-Iran ceasefire notwithstanding, if you need proof of how despicable Donald Trump is, consider this: When asked last week if he would ask Israeli Prime Minister Netanyahu to stop bombing Iran, which had already said it would stop retaliating for Israeli attacks, Trump said, “I think it’s very hard to make that request right now. If somebody is winning, it’s a little bit harder to do that [than] if somebody’s losing. But we’re ready, willing and able, and we’ve been speaking to Iran. Israel is doing well, in terms of war, and… Iran is doing less well. It’s a little...

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TGIF: This Is America First

TGIF: This Is America First

The Trump battle cry is America First. Revealingly, it is not Americans First. The former signifies, implicitly if not explicitly, national collectivism; the latter, individualism. To the extent Trump has a political worldview, it is not individualist. We cannot doubt that. All of this is abundantly clear in his Iran policy, which is not just about Israel and Iran. This is not new. His seeming antiwar stance was an opportunistic political ploy. The Republican and Democratic wars of the 21st century were palpable fiascos, so of course he had to distance himself from them if he was to become...

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Phony Noninterventionists

Call me naive, but I increasingly suspect that much of today's "left" is not antiwar on principle. Rather, it's anti-American war because, in its view, America (not just the government) is rotten to the core: bourgeois, racist, patriarchal, heteronormative, blah, blah, blah. If left-wingers (Marxists, heavy or light) were in charge, they'd likely support foreign intervention under the right conditions, e.g., fighting apartheid in South Africa (which indeed was bad) or Pinochet (also bad) in Chile, or saving Maduro (bad too) from a middle-class uprising in Venezuela. In the 1960s and 70s the...

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TGIF: Magna Carta Day

TGIF: Magna Carta Day

I wrote this in 2015 to mark the 800th anniversary of Magna Carta, or Great Charter. In light of current events—featuring a president who aspires to unchecked power, despairs of the rule of law, and has discussed suspending the right of habeas corpus—the posting of this slightly modified version seemed appropriate. Magna Carta is remembered, somewhat fuzzily, for reining in the power of the government, for substituting the rule of law for the arbitrary rule of a man, and for a faltering step toward a decent  system of justice (presumption of innocence, burden of proof, trial by jury, and so...

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TGIF: On “Public Property”

TGIF: On “Public Property”

A dubious theory held by some libertarians has been knocking about. It goes something like this: The claim that government-controlled land is actually unowned—and thus not properly subject to government rulemaking—would lead to consequences that reasonable people would find abhorrent. Therefore, in the U.S. case, such land should be regarded as owned by Americans with the government as their representative. While privatization is the best course, it is unlikely to occur anytime soon. In the meantime, the government should make policy as though it were a private owner or the agent of private...

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