A Cancer On The Presidency: The Tragedy Of Richard Nixon

by Michael Liss Damp and clammy. Last week was the 49th anniversary of Richard Nixon’s resignation. Go back to your half-forgotten copy of Woodward and Bernstein’s The Final Days, or John Dean’s Blind Ambition, or Teddy White’s Breach of Faith: The Fall of Richard Nixon, turn pages, browse a bit, and see if you don’t…

Your Rights: Roberts’ Rules Of Order

by Michael Liss It has become a disturbing feature of some recent opinions to criticize the decisions with which they disagree as going beyond the proper role of the judiciary. …[W]e do not mistake this plainly heartfelt disagreement for disparagement. It is important that the public not be misled either. Any such misperception would be…

An Intemperate Man: The Impeachment of Justice Samuel Chase

by Michael Liss On their part they have retired into the Judiciary as a stronghold. There the remains of Federalism are to be preserved and fed from the treasury, and from that battery all the works of Republicanism are to be beaten down and erased. —Thomas Jefferson to John Dickenson, December 19, 1801 So frustrating, so…

Midnight Judges And Jefferson’s Battle Over The Federal Courts

by Michael Liss November 1800. In the Presidential rematch between John Adams and Thomas Jefferson we have a clear loser, but not yet a winner. John Adams will be returning home. Thomas Jefferson, thanks to a bizarre tie in the Electoral College with his erstwhile running mate, Aaron Burr, will have to wait for the…

How Do I Know My Youth Is All Spent?

by Michael Liss In the America I see, the permanent politician will finally retire…. We’ll have term limits for Congress. And mandatory mental competency tests for politicians over 75 years old. —Nikki Haley, age 51, announcing her candidacy. Yes, she did. Nikki Haley went there. Of course, her ostensible target is America’s best-known octogenarian (the…

Second Monday In October: The Legitimacy Crisis

by Michael Liss Simply because people disagree with an opinion is not a basis for questioning the legitimacy of the court. —Chief Justice John Roberts Ah, if only it were that simple. It’s not, so fasten your seatbelt because the men and women in black are back.   First, the good news. The Court welcomed its…

SCOTUS Rules That Elections Have Consequences

by Michael Liss In interpreting what is meant by the Fourteenth Amendment’s reference to ‘liberty,’ we must guard against the natural human tendency to confuse what that Amendment protects with our own ardent views about the liberty that Americans should enjoy. –Justice Samuel Alito Elections have consequences. Sometimes those consequences may be unintended, but they…

Shipwreck In The Making? A Brief But Harrowing Look At The Midterms

by Michael Liss Although Mother and Father were not much alike, both were revolted by vulgarity, boastfulness, conniving, and flattery. There was a family understanding that defeat was preferable to viciousness, that one’s achievements must be gained honorably. —Isaac Bashevis Singer I think we would all agree that Singer’s parents had all the right values…

Last Person Standing: The Presidential Succession Act Turns 75

by Michael Liss I have a terrific pain in the back of my head. —Franklin Delano Roosevelt, April 12, 1945. It was all so fast. Just moments earlier, FDR was sitting for an official portrait, reading the newspapers, writing a few notes. Now, after 12 years of turmoil, World War and Depression, he is gone,…

Your Rights: Disappearing

by Michael Liss Judge [Ketanji Brown] Jackson is an extraordinary person with an extraordinary American story[,] … [as well as] impeccable credentials and a deep knowledge of the law…, but I am unable to consent to the nomination. —Senator Ben Sasse (R-NE) At least Ben was polite about it. The rest of Judge Jackson’s hearing…

Your Rights In The Rearview Mirror

by Michael Liss Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to…