After President-elect Joe Biden takes office and Donald Trump exits the White House, federal and state prosecutors will have to decide whether to charge the former president based on ongoing criminal investigations. Prosecuting a former head of state is no small matter and would be unprecedented in the United States. But the egregious nature of [...]
Joe Biden has won states worth 306 Electoral College votes, 36 more than the 270 needed to win, and received in excess of 5 million more popular votes than Donald Trump. Yet Trump insists the election was stolen from him and he is the victor. Trump started attacking the election months before it happened. He [...]
Once President-Elect Biden takes office, we will be able to say goodbye to new judges who self-identify as originalists. This change is important because in constitutional cases, originalism is either pernicious or irrelevant, and we should stop pretending otherwise. There is nothing wrong with the American people celebrating their link to the white, propertied males [...]
The United States has an invaluable asset: the rule of law and its historic role in protecting property rights. This essay highlights the fragile nature of this asset and explains why protecting this asset—particularly in the eyes of foreign investors—must be a priority for a new Biden administration (as it should be for the remainder [...]
In the days leading up to the 2020 presidential election, cries had already gone out to make Puerto Rico the 51st state. These calls were not simply a celebration of the non-binding referendum that Puerto Rico held on statehood on Election Day. They were, as well, a response to Democrats’ frustration with the balance of [...]
“The mass-man has no attention to spare for reasoning; he learns only in his own flesh.” – Jose Ortega y’Gasset, The Revolt of the Masses (1930) In the United States, prima facie, presidential elections represent a core fixture of democracy. Nonetheless, though necessary – and never more so than in the just-completed defeat of Donald [...]
Responding to the discussions on Reparations are replete while the appalling reality on the ground is not in doubt, to be of assistance and subject to the wisdom of people who have been working on this far longer than me I put on my Business School hat and put this practical and constitutional proposal together. [...]
The United States has just completed a historically divisive election. As I write, the winner of the presidential election is not yet definitively known, though it seems highly likely that Democratic candidate Joe Biden will ultimately prevail when all the votes are counted. Whatever the outcome, many millions of people will be deeply distressed at [...]
The election is over. The process has begun to transition to the next administration. What must be preserved is the Constitution of the United States. The cornerstone to the success of the Republic is the rule of law. Without it we are no different than any tinpot government in some dark corner of the world. [...]
One score and 7 years ago, a man from Arkansas, brought forth on SCOTUS, a new kind of Associate Justice, inspired by Opera, conceived in Liberty and dedicated to the proposition that all men and women are created equal. Now we are engaged in a kind of Political Civil War, testing whether this nation or [...]
