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Tenth Amendment Center: Interview: The Wars Drag On

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November 28, 2020

I recently appeared on the Conflicts of Interest podcast hosted by Kyle Anzalone to talk about the pernicious impacts of America’s endless, unconstitutional wars.

Kyle and I discussed the ongoing U.S. military actions in Yemen and Somalia and their constitutional ramifications. We discussed constitutional war powers, how Congress has pawned off its responsibility to the president and why the founders didn’t want a single individual making decisions about war and peace. We also touched on the cost of these endless wars.

Kyle and I also talked about some of the big wins for nullification in the November elections and touched on the growing momentum behind the Defend the Guard bill to limit National Guard deployments to foreign combat zones without a congressional declaration of war.

For Further Reading

The Unconstitutional War in Yemen Grinds Life and Liberty Under Its Wheels

Trump’s Quiet Little War in Somalia

Thirty-Six and Counting: More States Legalize Marijuana Despite Federal Prohibition

Defend the Guard legislation

The post Interview: The Wars Drag On first appeared on Tenth Amendment Center Blog.

Mike Maharrey
November 28, 2020 at 02:50PM

Tenth Amendment Center

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Tenth Amendment Center: Was Justice Scalia an Old Originalist?

September 28, 2017

...from Tenth Amendment Center One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a provision and a belief that significantly constraining judges is essential to the task of originalism. The newer originalisms – I use the term “newer originalisms” rather than the “new originalism” because new versions of originalism differ from one another – have abandoned these two characteristics. The newer originalisms tend to focus on the original public meaning – focusing on a more textual than intentionalist approach. And the newer originalisms no longer hold (or act like) significantly constraining judges is essential. If the original meaning is permissive – if it is unclear, vague, or delegates power to judges – then that is the original meanin

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Tenth Amendment Center: Interview: The Wars Drag On

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