NO TRIAL: Senate Democrats Quickly Dismiss Impeachment Articles Against Mayorkas

Within 20 minutes of convening to hold an impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas, Democrats in the Senate steamrolled through motions and voted to dismiss the first article of impeachment brought against him.

Shortly thereafter, they dismissed the second article as well, without ever hearing evidence or conducting a trial.

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Commentary: Trump Should Love the Colorado Ruling

Trump Colorado Supreme Court

The Colorado Supreme Court, acting as supplicants for the enemies of Donald Trump seeking the most extreme remedy for driving the former president into the ditch, may have just unwittingly gifted the former president a Rocky Mountain high – in the polls. 

This time, four left-wing Colorado justices attempting to kneecap Trump were not even going to wait on due process – the very foundation of law – to effectively declare Trump guilty of insurrection, a crime for which he has not, repeat not, even been charged. After believing their attempts to wipe Trump off the ballot would be a knockout punch, it is the left that is about to get walloped to the canvas with a right hook. 

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Supreme Court to Consider Whether Agency’s In-House Trials Violate the Constitution

The Supreme Court will consider next week whether the Securities and Exchange Commission’s (SEC) use of in-house judges violates the right to a jury trial guaranteed in the Seventh Amendment.

Congress empowered the SEC to use its own in-house administrative law judges (ALJs) to try cases brought by agency enforcement when it passed the Dodd-Frank Act following the 2008 financial crisis. George R. Jarkesy, who has been caught in the SEC’s administrative proceedings since the agency charged him with fraud relating to his investment activities in 2013, challenged that grant of power as unconstitutional.

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Commentary: The Left Would Grab Your Guns in a Minute If Patriots Stopped Defending the Constitution

The Left constantly reassures Americans that they do not want to take away firearms, but actions speak louder than words.

In September, New Mexico Gov. Michelle Lujan Grisham (D) used an emergency public health order to suspend the Second Amendment for 30 days in Albuquerque and the surrounding Bernalillo County. Grisham knew fully well that she was violating the Constitution (in fact, she happily admitted so). A handful of gun control advocates quickly condemned her unprecedented decision, but not because they respect the Constitution.

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Newsom’s Identity Politics Pick to Fill Feinstein’s Seat Isn’t from California, Raising Constitutional Questions

California Governor Gavin Newsom has tapped Laphonza Butler, a far left abortion-on-demand activist, to fill the Senate seat long held by Democrat Diane Feinstein, who died Friday. There’s one very big problem. Butler, a lesbian who fits Newsom’s identity politics-driven pledge to pick a black woman to serve out Feinstein’s current term, isn’t a resident of California.

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Commentary: Georgia Indictment Is the Dems’ Latest Bid to Jail Trump, Imprison the Constitution

Rather than simply try to defeat Donald J. Trump, Democrats want him to die in prison. Neo-totalitarian Democrat campaign operatives masquerading as local, county, and federal prosecutors have deployed four criminal cases against the former president. The New York Post calculates that if he is convicted on all 91 charges he faces, Trump would spend 712 years behind bars. The surprisingly spry 77-year-old could enrage his critics even further, live until at least 2735 A.D., and regain his freedom at age 789.

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FIRE: Street Preacher’s Arrest at Pennsylvania Pride Event and Subsequent Dismissal Is a Free-Speech Lesson

Charges were dropped this week regarding Christian street preacher Damon Atkins who was arrested for speaking negatively about an LGBTQ pride-flag-raising he attended at Reading, Pennsylvania City Hall on Saturday. 

“After review of the video of the incident, including body-worn cameras, and a review of the case law, we did not believe we could prove a criminal case of disorderly conduct,” Berks County’s District Attorney’s office said in a statement.

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Pennsylvania Republicans Will Soon Nominate Carluccio or McCullough for Supreme Court

In Tuesday’s Pennsylvania primary, Republicans will nominate either Carolyn Carluccio or Patricia McCullough for a seat on the state Supreme Court. 

Despite their contentious campaign, the two women have much in common, including extensive legal careers and generally conservative judicial perspectives.

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Nearly 700 Professors Sign Letter in Opposition to Teaching About America’s Founding, Constitution

On Tuesday, an open letter was circulated that featured hundreds of North Carolina professors declaring their opposition to any requirement that students learn about the United States government and its founding documents.

As reported by Fox News, exactly 673 professors from the University of North Carolina (UNC) Chapel Hill signed the letter as legislation works its way through the North Carolina legislature that would mandate the teaching of such courses. The professors claim that such a law would violate the school’s “academic freedom.”

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Free Speech Advocates Win Case for Political Expression in Pennsylvania Park

A federal court on Wednesday ruled that local authorities wrongly forbade political activists from gathering candidate-petition signatures at Fort Hunter Park in Harrisburg, Pennsylvania.

Last June, the Keystone Party of Pennsylvania’s candidate for state House District 104 Dave Kocur worked alongside party board member Kevin Gaughen in asking park visitors to sign petitions to get Kocur on the ballot. Park security guards directed them to stop. After the activists refused, citing their constitutional right to free expression in a public forum, Dauphin County Parks Director Anthea Stebbins ordered them to desist, explaining that the county disallows any political activity at Fort Hunter. 

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Pennsylvania Lawmaker Proposes Forcing Social Media to Police ‘Unwelcome’ Speech

A Pennsylvania legislator is asking her colleagues cosponsor a measure to police “unwelcome” speech on social-media platforms. 

In a memorandum describing her emerging bill, state Representative Darisha Parker (D-Philadelphia) wrote that her policy “would require social media network companies to establish and maintain effective and transparent complaint procedures for reporting hate speech content.” She further stated the legislation would “mak[e] it clear that hate speech is unwelcome on social media in Pennsylvania.”

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FIRE Presents ‘Free Cheesesteaks for Free Speech’ to Philadelphians

On Wednesday, hundreds stopped by Foundation for Individual Rights in Education (FIRE) tables on 9th Street in South Philadelphia this weekend for two things Philadelphia has generated lots of over the years: cheesesteaks and liberty. 

FIRE, a Philadelphia-based institution since its founding in 1999, held the “Free Cheesesteaks for Free Speech” event as part of a larger $3.1-million pro-free-expression campaign featuring broadcast ads, billboards and digital promotions. The group, which initially focused on fighting speech restrictions on college campuses and recently broadened its mission to include other forums, hopes the effort will raise awareness of ongoing battles to honor the text and the spirit of the First Amendment. 

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Republicans Andy Biggs, Ken Buck, and Matt Gaetz Explain Why They Voted Against Parents Bill of Rights Act: ‘The Federal Government Should Not Be Involved in Education’

The U.S. House passed the Parents Bill of Rights Act Friday, with most House Republicans voting in favor of the bill that would require school districts to give parents access to their children’s curricula and reading lists, to inform parents of any violence occurring on campus, and to notify parents if their child is sharing a bathroom or locker room with a student of the opposite biological sex.

The measure passed by a vote of 213-208, with five Republicans voting no. Representatives Mike Lawler (R-NY-17); Andy Biggs (R-AZ-05); Matt Gaetz (R-FL-01); Ken Buck (R-CO-04); and Matt Rosendale (R-MT-02) all voted against the legislation.

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Politically Diverse Groups Back Free Speech at Pitt After Pennsylvania Lawmakers Urge Event Cancellation

After two Pennsylvania lawmakers last week called for cancelling upcoming conservative appearances at the University of Pittsburgh, a politically diverse array of voices are responding in favor of free speech. 

Representatives Jessica Benham (D-Carrick) and Malcolm Kenyatta (D-Philadelphia), who co-chair the state House LGBTQ+ Equality Caucus, denounced the state-related university for permitting the presence of speakers who oppose liberal views of transgenderism. The guests they find objectionable include Cabot Phillips, senior editor of the The Daily Wire news organization, who is scheduled to speak this Friday; Riley Gaines, a former college swimmer and critic of biological males competing in women’s sports, who will appear on March 27; and Michael Knowles, a Daily Wire commentator, who will debate transgender economist Deirdre McCloskey on April 18. All speakers are being sponsored by student-led associations. 

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Commentary: A Trump Arrest Imperils the American Idea

Peril awaits the America I love if the 45th president of the United States is arrested or even “just” arraigned. When a former American president is targeted by the politically despicable woke, we all face disaster.

We have rules in the American game. Most of those rules are set forth explicitly in our Constitution, its amendments, and two centuries of binding judicial opinions interpreting, adding to, or deleting rules. One might call those rules “America’s Written Law.” And then there are unwritten rules one might call “America’s Oral Law,” the traditions that have been handed down from generation to generation. How can we know what these Oral Laws of America are if they are not written anywhere? We just do.

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State Senators Propose Pennsylvania Law Against Social Media Censorship

Pennsylvania State Senators Doug Mastriano (R-Gettysburg) and Scott Hutchinson (R-Oil City) Thursday announced they would reintroduce a bill proposed in the last legislative session designed to prevent social media platforms from censoring Pennsylvanians. 

Mastriano and Hutchinson introduced the original measure in May 2021. They secured the cosponsorship of four other senators, all Republicans, but the bill did not receive a vote in the Senate Consumer Protection and Professional Licensure Committee. The two lawmakers said new developments impelled them to try again in the new session. They cited the recently released “Twitter files,” internal documents pertaining largely to the social-media company’s decision in late 2020 to deny users access to a New York Post story concerning Joe Biden’s son Hunter’s personal computer.

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Trump Calls for ‘Termination’ of Election rules in Constitution after Release of the Twitter Files

Former President Donald Trump called for the termination of the Constitution’s rules regarding elections after the release of information about the suppression of the Hunter Biden laptop story in 2020.

“So, with the revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in working closely with Big Tech Companies, the DNC, & the Democrat Party, do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION?” Trump wrote on TRUTH Social.

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Commentary: The 13th Amendment Doesn’t Provide Basis for National Abortion Protection

After Dobbs, where can pro-choice advocates look in the Constitution to support abortion? One professor believes she has found the answer in the Thirteenth Amendment, the provision banning slavery that was ratified in the immediate aftermath of the Civil War. Lisa Crooms-Robinson, a professor at Howard University School of Law, reasons out of a wish for Congress to pass the Women’s Health Protection Act of 2021. The bill, among other provisions, would codify the abortion protections found in Roe v. Wade and Planned Parenthood v. Casey, both of which the court just overturned.

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Commentary: The Collapse of Roe v. Wade

Whole Woman’s Health in front of Supreme Court

“I don’t think the country will stand for it,” said President Joe Biden, commenting in early June on the expected collapse of Roe v. Wade. “If in fact the decision comes down the way it does, and these states impose the limitations they’re talking about, it’s going to cause a mini-revolution and they’re going to vote these folks out of office.”

Contrary to Biden’s prediction, the collapse of Roe v. Wade marks not the beginning of a revolution but the end of one. Until that monstrous decision, which led to the deaths of over 62 million unborn children, the American people had the power to pass laws against abortion and did so in most of the states. The Dobbs decision simply returns that power to the people — a blow not against “democracy,” as the hysterics on the left claim, but for it.

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U.S. Supreme Court Overturns Roe v. Wade: ‘The Constitution Does Not Confer a Right to Abortion’

The U.S. Supreme Court has overturned Roe v. Wade, the 1973 landmark ruling that created a right to abortion nationwide, and now returns issues about abortion to the individual states.

In the case of Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito wrote the majority opinion, released Friday, that was joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

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Civil Rights Commissioner to University of South Carolina: ‘Diversity’ Program Excluding White Students Violates Civil Rights Act and Constitution

A University of South Carolina (USC) business school “diversity” program that appears to have accepted students of all races, except white, received the attention of one of the U.S. Civil Rights Commissioners, who wrote to inform the school’s interim president such racially exclusionary policies violate both the Civil Rights Act of 1964 and the U.S. Constitution.

Speaking for himself, and not the entire U.S. Commission on Civil Rights, Peter Kirsanow wrote Thursday to Harris Pastides, USC interim president, about the Business Success Academy at the school’s Darla Moore School of Business.

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Commentary: Yes, They’re Coming for Your Guns

handgun with ammo

Perhaps, like me, you’ve always had a sneaking suspicion that the un-American Left is ignorant of many things. But then they open their mouths and remove all doubt. 

The most recent example comes from the gaping maw of Elie Mystal on MSNBC, where he claimed that, like everything else in this country apparently, the Second Amendment is the creation of long-dead, racist white supremacists who supported it for the sole purpose of putting down slave revolts keeping the enslaved populations in bondage. Of course, there is as much “truth” to that as there is in the 1619 Project. Progressives use such revisionist history to discredit the founders so that they can dismantle the founders’ republic.

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Supreme Court Rules Boston Violated First Amendment over Rejection of Christian Flag

On Monday, the Supreme Court ruled unanimously that the city of Boston was in violation of the First Amendment over its attempt to ban the Christian flag.

Axios reports that the opinion was written by outgoing Justice Stephen Breyer. In the opinion, Breyer states that the city government of Boston “violated the Free Speech Clause of the First Amendment” by forbidding a Christian organization from flying the Christian flag in front of city hall, which Breyer said constituted discrimination “based on religious viewpoints.”

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Commentary: King Joe Can’t Transfer Student Loan Debt

Transferring hundreds of billions of dollars of student-loan debt—as Joe Biden is reportedly considering—would be unjust, indiscriminate, and remarkably irresponsible. It would force everyday Americans who didn’t take out those loans to shoulder their burden in the form of higher taxes or increased national debt (which, inevitably, leads to higher taxes). But none of this matters as much as the worst thing about such a potential action: It would be a naked violation of our constitutional forms, a move more monarchical than republican.

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Commentary: The ‘American Enlightenment’ Succeeded, But It Might Also Fail

Who hasn’t noticed that current trends have been leading us away from human happiness? We will be better prepared to make the desperately needed corrections if we recapture the forgotten power of the American idea offered in Robert Curry’s Common Sense Nation. Curry introduces us to the English, French, Scottish, and American Enlightenment. That will equip us to distinguish between the path that leads to ordered liberty and the other path that is now leading us toward chaos.

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Commentary: Another January 6 Narrative Goes Boom

Large group of people storming Washington D.C. in protest on January 6.

How does a mob “illegally storm” the Capitol building when police let them in? That is the latest narrative-shifting question the media wants desperately to avoid after a federal judge on Wednesday found a January 6 defendant not guilty for his conduct during the protest at the Capitol that day. 

Matthew Martin was arrested in Santa Fe, New Mexico on April 22, 2021; he later was charged with the four most common misdemeanors related to the Justice Department’s prosecution of Capitol protesters: entering a restricted building, disorderly conduct, violent entry, and parading in the Capitol building.

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GOP Sen. Collins Says She’ll Vote to Confirm Ketanji Brown Jackson to Supreme Court

Republican Sen. Susan Collins says she’ll will vote to confirm Judge Ketanji Brown Jackson to the Supreme Court, guaranteeing President Biden’s judicial nominee at least a slim path toward confirmation.

Jackson will need 51 votes in final Senate vote – with the chamber evenly split among 50 Democrats and 50 Republican. With no GOP support, Vice President Kamala Harris would cast the decisive, tiebreaker vote.

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Justice Reporter Who Called Constitution ‘Trash’ Heads Up Dark Money Group Spending Millions to Support Jackson SCOTUS Nomination

A pundit who called the Constitution garbage is a leader of a dark money group funding a million dollar campaign to confirm President Joe Biden’s nominee to the Supreme Court, according to tax documents provided to the Daily Caller News Foundation by Americans for Public Trust.

Demand Justice seeks to nominate left-wing judges to American courts. Most recently, the group is pushing for the confirmation of Ketanji Brown Jackson to the Supreme Court.

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Renowned Constitutional Scholar: Ongoing Border Crisis Fits Constitution’s Definition of an Invasion

A renowned constitutional scholar said what is happening now at the southern border does constitute an “invasion” under the U.S. Constitution.

“The kind of organized entry that we are seeing now where you got some of the gangs down in Mexico facilitating it and getting paid to put people across the border, that does qualify as an invasion even when no arms are involved,” Rob Natelson, the Independence Institute’s senior fellow in constitutional jurisprudence, said.

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Commentary: Sotomayor Is the 21st Century Roger Taney

Justice Sonia Sotomayor

The U.S. Supreme Court on December 10 handed down its much-awaited opinion in Whole Women’s Health v. Jackson. I’ll bottom-line the result as simply as possible.

The court concluded that Texas abortion providers may maintain a pre-enforcement challenge to the law at issue, S.B. 8, but only as against state licensing board officials, not other state officials such as the attorney general, judges, or court clerks. The decision to allow suit against the licensing officials was 8-1 (Justice Clarence Thomas alone would have directed the district court to dismiss the suit as against all defendants). The decision to preclude suit against the attorney general and court clerks was 5-4 (Chief Justice John G. Roberts and the three Democratic appointees were in the minority and would have allowed pre-enforcement challenges to proceed against the attorney general and court clerks).

I say all that just for context; the technical dimension of the opinion has been picked over thoroughly by legal academics and commentators since it was released. On that front, I don’t have much, if anything, to add.

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Commentary: ‘Unprecedented’ Capitol Protest Sets New Precedents

Capitol protest

Unprecedented: It is the word most often applied to the events at the Capitol on January 6.

In his remarks that afternoon, as the chaos was still ongoing, Joe Biden warned that “our democracy is under unprecedented attack.” House Speaker Nancy Pelosi (D-Calif.), Attorney General Merrick Garland, and leaders of both political parties also describe the four-hour mostly nonviolent disturbance at the Capitol complex as something without precedent. 

“On January 6, 2021, the world witnessed a violent and unprecedented attack on the U.S. Capitol, the Vice President, Members of Congress, and the democratic process,” wrote Republican and Democratic senators in a joint committee report released earlier this year.

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Commentary: The Navy’s New Emphasis on ‘Diversity’ Puts the Nation at Risk

group of Navy members sitting on bleachers

After the 2020 summer of riots, the U.S. Navy’s Chief of Naval Operations stood up Task Force One Navy (TF1N) on July 1, 2020. After a six-month effort, the final 142-page report was submitted on January 28, 2021 Its two operating assumptions are, first, that the Navy, as an institution, is systemically racist, and, second, that “Mission readiness is stronger when diverse strengths are used and differing perspectives are applied.” Notwithstanding several key military principles—such as unit cohesion, strict discipline across the chain of command, and, well, uniforms—the Navy is now ideologically committed to the mantra that “diversity is strength.”

Not surprisingly, considering the key entering assumptions, the task force report identified problems with Navy systems, climate, and culture; and submitted almost 60 recommendations aligned with four lines of inquiry: Recruiting, Talent Management/Retention, Professional Development, and Innovation and STEM (as well as a fifth line for miscellaneous recommendations).

One should be skeptical, however, about the entire exercise and the recommendations that flow from it. It inaccurately depicts the proud institution of the United States Navy as systemically racist—a slander that has more potential to undermine morale, good order, discipline, and military effectiveness than any geostrategic adversary. 

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