Friday, July 31, 2026
Doctor Fauci And The Fifth Amendment
Thursday, July 30, 2026
Political & Cultural Change Disguised As Constitutional Interpretation
Textualism is a theory in which the interpretation of the text is based primarily on the ordinary meaning of the legal text at the time of its enactment, where little consideration is given to non-textual sources, such as the intention of the law when passed, the problem it was intended to remedy, or questions regarding the justice or rectitude of the law.
Originalism is a legal theory in the United States which bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning.
There is a third, rare, theory: Strict Constructionism. Strict construction requires a judge to apply the text only as it is expressly written, i.e., read perfectly literally. This can contradict the commonly-understood meaning of a law. For example, consider a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison." This would commonly be understood as prohibiting the use of a knife to threaten or injure another person. However, read purely literally, the law would also mandate ten years in prison for dining and dashing if the diner were to use a knife to cut their food.
Theoretically most conservative jurists fall into the originalist camp. They understand that the text must be understood in light of what those who authored the text understood it to mean. They reject the concept of a "Living Constitution" adhered to by most liberal, Democratic-appointed judges.
"Theoretically" is the operative term. The current conservative majority on the Supreme Court appear to be originalist or textualist only when it supports modern conservative political goals. Originalists claim that if society changes sufficiently that the original text or its meaning is obsolete, then the text itself should be changed — by an amendment if it's a constitutional question, or by legislation if it's a matter of statutory interpretation. And they are quite strict about this when it comes to striking down liberal policies. When it comes to supporting novel conservative interpretations however, they are happy to deviate from the original interpretation and assign meaning to text that was never there. Reading recent Supreme Court decisions reveals previously unheard of rationales for overturning laws, or retaining others. The current push for the Unitary Executive Theory is one example.
Most of the federal government's departments were created by Congress to administer various government functions, functions that were written into law by Congress. This goes beyond the modern regulatory agencies and includes the Treasury and Justice departments. Since these departments and agencies are not creating new laws, but are executing laws created by Congress, they are part of the Executive Branch, which is headed by the president. Congress has passed laws partially shielding many of these agencies from partisan politics, for example, prohibiting the president from replacing some agency heads for political reasons. Previous administrations have accepted that this state of affairs. The Unitary Executive Theory pushed by the Heritage Foundation holds that the president is the executive branch and that has unalloyed power and authority over every aspect of the executive branch, despite laws to the contrary. The Supreme Court has supported this theory (albeit inconsistently) bolstering Trump's dictatorial, authoritarian mode of rule.
The founders would have been very surprised at this position. They were vociferously and consistently against the presidency having king-like powers and envisioned the president executing or implementing the law, not creating it, or ruling by fiat. The very structure of the Constitution limits a president, rather than giving him unlimited authority. It's clear that the current Supreme Court majority is interested primarily in advancing a conservative political and cultural agenda, not in "calling balls and strikes". This intersects in large part with Trump's agenda, but not completely. To those playing the long game, like the Heritage Foundation, and even Mitch McConnell when he was remaking the federal judiciary, Trump is a means to an end.
It's much easier to affect political and cultural change through one person, that through the often slow moving legislative process.
Monday, July 27, 2026
Inflation, Gas Prices, and The Cult
The problem with relying on Trump to fix the economy is that he has a third grader's grasp of economics. His unshakable belief that a trade deficit indicates that we are losing money and that tariffs are paid for by foreign governments is the most obvious recurring example. He also seems to be enamored of magical thinking believing — that his mere presence will solve any and all problems. He campaigned on ending inflation on Day One. He promised to return prices to pre-2022 levels. He vowed to cut energy prices in half. Those of us not in the thrall of Trump worship knew that the lingering high prices had little to do with any Biden policies and that there was little that Trump could do to fix them. A president isn't a magician with the ability to singlehandedly cause a boom or a bust. Ironically, with inflation and gas prices trending downward throughout 2023 and 2024, both the consumer price index and gas prices would have returned to normal if he had done absolutely nothing. By just coasting on the trends he could have claimed to have fixed the economy. Gas prices had dropped to well below $3.00/gallon and were expected to get even lower. But Trump did the two things that were guaranteed to cause prices to rise: impose irrational tariffs and start a war in the Middle East.
Unless every tariffed business suddenly voluntarily and altruistically decides to reduce their profits, the cost of tariffs will get passed on to the consumer. Not to mention the unpredictability and confusion that the constantly changing tariff rates cause. Businesses crave stability. They have to have enough information to make financial projections. Not only are the Trump tariffs being regularly found illegal by the courts, but Trump himself constantly changes his mind on who he is going to punish and by how much. The failure of the inflation rate to return to normal is entirely Trump's. Of course, the Iran War, with the Strait of Hormuz being blocked (by Iran and by the United States!) is the direct cause of the rise in gas prices. Trump has mocked "affordability" as fake news, and belittled (or is it be-liddl'ed) the concern over rising gas prices by assuring us that it's only temporary and true patriots are willing to pay the price.
Trump's justifications are unsurprising. Politicians always attempt to portray their screw ups in a positive light. The reactions of his supporters, even those who are negatively affected by his economy-busting policies, makes no sense. The villagers who had the torches, pitchforks and sickles ready to go, who were adamant that the economy was why they voted for Trump, now aren't as concerned about inflation or high gas prices. A common excuse is "inflation and gas prices were higher under Biden", which is true for the peak in 2022. Both inflation and gas prices were steadily decreasing, and would likely have continued to decrease if Trump, as I wrote in a previous paragraph, had done nothing. But the point that they intentionally miss is that even during the last half of 2024, when inflation was pretty much under control, and gas prices were actually lower than they are now, Trumpists were losing their minds about how terrible things were. Their other excuse is that "Biden caused it". Even if we concede that Biden caused the economic mess that Trump inherited, they brush off Trump's promises to fix it all. On Day One.
The most egregious example of Trumpists changing their tune when Trump changes his is their newfound support for foreign adventurism and their acceptance of the economic fallout from it. One of Trump's promises in his campaign was that he wouldn't start wars, he would end them. Despite that promise, the Trump Cult is now expressing thankfulness that we are now safe from a country we were never in any danger from and viewing skyrocketing energy prices as an acceptable tradeoff.
Yes, there are voices within the Republican Party and the MAGA base who are upset at the affordability crisis and opposed to the Iran War, and media jump on that as if the cultists are abandoning their leader. We've seen this before. There's some rumblings and a few people from the cult speak out, but pretty soon it all settles down and he reasserts his control.
Monday, June 22, 2026
Trump's War-Ending Scorecard
1. Israel-Gaza:
I wrote about this recently. In this article I showed how the supposed "New Dawn of Peace in the Middle East" was virtually identical to the cease fire that was in place when he took office in January which was over in March. This one has already been violated multiple times. Hamas has not agreed to several of the terms, in fact they were not consulted and had the "agreement" imposed upon them.
Update: ceasefire violations are continuing on a daily basis. None of the other items in the "20 Point Peace Plan" have been started, other than the weirdly named "Board of Peace", which has done nothing other than collect money. The Israeli government continues to not only allow Jewish settlers to steal Palestinian territory, but to abuse or kill individual Palestinians with impunity. This side of the Israeli-Palestinian conflict will surely blow up before long. Trump appears to have forgotten about Gaza or gotten bored with it.
2. Pakistan-India:
It wasn't a war, just another in the many border scuffles that these two countries have engaged in since their existence. India says that Trump has nothing to do with the cessation of hostilities which were negotiated directly between India and Pakistan.
Update: ceasefire has held
3. Rwanda-Democratic Republic of The Congo:
These two countries have had on again-off again periods of border fighting for years. As well as cease fires and "peace agreements" that are regularly violated. Peace talks are ongoing, as are the violations of the cease fire.
Update: The so-called peace agreement was signed with great fanfare at the "United States Institute Of Peace", recently named "Donald J. Trump Institute Of Peace" on Thursday December 4th, but fighting has not stopped, and has in fact escalated. The U.S. has imposed sanctions on Rwanda for actions that Trump claims to have ended.
4. Thailand-Cambodia:
After a week of cross-border fighting, Malaysia brokered a ceasefire. The only involvement by Trump was a threat to leave high tariffs in place.
Update: the cease fire and "peace deal" was suspended in November 2025. A new cease fire was instituted a month later. There has been sporadic cross border fighting since then.
5. Armenia-Azerbaijan:
These two former Soviet Republics have been fighting over where the border should be since they achieved independence. The biggest disagreement has been over Nagorno-Karabakh, an Armenian enclave within Azerbaijan. Azerbaijan effectively ejected all Armenians from the enclave, making the settlement of the conflict moot.
Update: No active fighting, but core issues have not been addressed, let alone solved
6. Egypt-Ethiopia:
Not even fighting, let alone a war. They're arguing over water use.
Update: there never was a war, not even border skirmishes. Still none.
7. Serbia-Kosovo:
Also no fighting. Trump is claiming that he stopped a war before it started.
Update: there never was a war, not even border skirmishes. Still none.
8. Israel-Iran "12 Day War":
Israel had been conducting preemptive strikes against Iran and it's regional non-state allies like Hezbollah in tandem with its war against Hamas. Israel and Iran traded missile strikes for 12 days, ending after Trump had our military drop a bomb on Iran's nuclear facility. Iran declined to escalate. There is no peace agreement, but their is a cessation of hostilities.
Update: Trump can hardly be called a peacemaker if he had to drop a bomb to get their attention. The War started up again in February 2026
So here's the score:
- Diplomatic disagreements that involved no fighting whatsoever and therefore there was nothing to end: 2
- Peace plan with a cease fire that is currently being violated: 3
- Fighting that stopped after we dropped a huge bomb on one side, but restarted again for some reason: 1
- Conflicts that involved decades-long border fighting that will likely continue, but the ceasefire is currently holding: 2
- Actual lasting peace: 0
Critical Thinking
Sunday, June 21, 2026
Israel & Palestine
Sunday, June 14, 2026
Toddler-In-Chief
I always have something to do, things to occupy my time. Even if I am in a situation where I'm just sitting waiting, I run through my mind ideas for blog articles, think through household finances or make plans for future adventures. My mind is always busy. I have a hard time imagining what it would be like to be bored. I just don't get it.
Yet we have a president, who has one of the most stimulating and arguably the most engaging and interesting jobs that you could have, who frequently complains about being bored with aspects of his job: intelligence briefings, details of the economy, and now the negotiations to end the war that he started.
Last year Trump was given the nickname "TACO", which stood for Trump Always Chickens Out, referring to his constant backing off from his insane tariff "policy". He gets an idea, makes a threat, and then backs off when confronted either with serious pushback, or if the process drags on too long he loses interest. He's like a toddler who always needs to be entertained.
I've written often about how Trump has functioned as an authoritarian and governed more like a dictator than a chief executive. And that has certainly been his preference. He has said that as president he can do whatever he wants. He has suggested that any action he takes is, by definition, legal. He barreled back into Washington with a pile of executive orders and an illegal, unaccountable, off-the-books deputy who purged the government agencies of anything he didn't like, as well as a Department of Justice that functions as his personal attack lawyers. He started a war without input from Congress that the majority of the country is against. The Department of Homeland Security has been transformed into a secret police. Yet he appears to lack the attention span to cement his rule.
Despite his administration's early moves to conduct end runs around court rulings, lately he has seemed indifferent to setbacks, and a lack of interest in fighting back is more common that the fight, fight, fight, attitude exemplified in the photo op from the staged assassination attempt in Pennsylvania. He grumbles and posts on Truth Social about corrupt judges, or endorses primary challengers for recalcitrant Republicans, but then he gets bored and moves on to the next shiny object. His incompetent and unqualified appointees are what's keeping the autocracy train on the rails — they're either true believers or are enthusiastic ass-kissers. They'll keep implementing what they think their master wants, until they make him look bad.
What all of this tells me is that even though Trump believed that he had unrestrained power, and could act without Congress, he could have been restrained if Congress as a body had resisted him. There was no way he could have primaried every Republican. But none of them wanted to be the few that he succeeded in getting rid off — they were afraid of his influence with a significant percentage of Republican voters. Part of it was that many, if not most, Republicans agreed with the ends, if not the means. They were willing to forgo constitutional principles to get what they wanted.
So, while I haven't changed my assessment that Trump is an authoritarian who is governing as a dictator, he lacks the attention span to stay focused on any meaningful plan. He is easily distracted and is more concerned with decorating than leading the nation.









