Trump And Vance Aren’t Defying The Constitution, They’re Following It
Democrats and pundits have exaggerated Vice President J.D. Vance’s remarks into a ‘constitutional crisis.’
Under the Constitution, “the President is invested with certain important political powers, in the exercise of which he is to use his own discretion.” For his decisions, “he is accountable only to his country in his political character, and to his own conscience.” His choices cannot be questioned in court because “the subjects are political. They respect the nation, not individual rights, and being entrusted to the executive, the decision of the executive is conclusive.”
Who penned these outrageous words? Democrats and many pundits might answer Vice President J.D. Vance. Over the weekend, Vance provoked an onslaught of criticism for suggesting that federal district judges “aren’t allowed to control the executive’s legitimate power.”
But the usual suspects would be wrong. The right answer is John Marshall, the greatest chief justice in Supreme Court history. And he did not squirrel this view away in a private journal. Instead, Marshall publicly explained that courts could not review presidential decisions on “political” subjects “entrusted to the executive” in a Supreme Court opinion.
Constitutionalism
.webp)
Religious Exemptions?: What the Free Exercise Clause Means
A conversation among three religious liberty scholars on the Free Exercise Clause’s original meaning.
.webp)
The American Revolutions of 1776
America's founding was animated by both the spirit of liberty and the spirit of religion — a philosophical and practical achievement worth understanding and attempting to recover today.
.webp)
Skrmetti and Chief Roberts's Immoderate Middle Ground Jurisprudence
In 2025, is there truly any consensus to be built?
It's Time to Revisit McDonnell Douglas
The McDonnell v. Douglas case replaced Title VII’s straightforward anti-discrimination language with an elaborate burden-shifting scheme that subjects businesses to frivolous employment claims.
