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(This essay is the second in a series of reflections on the meaning of the Declaration of Independence in honor of its 250th anniversary. The series will run until July 4, 2026.) I. โSuch has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government.โ My previous meditation explained the โpolitical philosophyโ of the Declarationโwhat the Declaration declared about political life in general. I ventured to call it a political theology, since it is grounded in the Natureโs…
If Donald Trump had a motto, it might be: Have carrots ready but start with sticks. With Learning Resources v. Trump, in which a 6-3 Supreme Court majority struck down Trumpโs largest group of tariffs, Americaโs judiciary has disarmed the president of one of his favorite sticks. He will no doubt find others. Yet the justices have struck an important blow for our constitutional separation of powers. They have made it clear that presidents who set themselves up as independent lawmakers generally make themselves law-breakers. This message comes across loud and…
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