Inspired by Saul Steinberg's View of the World from 9th Avenue Ernest Miller has produced a graphic depiction of The Constitution According to Bush (.pdf).
Recent Bluessky Posts- Jotwell Jurisprudence: Carlos Bernal, The Object of Legal Interpretation, JOTWELL (May 1, 2026) (reviewing Francisco J. Urbina, The Object of Interpretation, 114 Geo. L.J. __ (forthcoming 2026), available at SSRN (Feb. 11, 2025)), juris.jotwell.com/the-object-o.... May 1, 2026 Jotwell
- Jotwell IP: Lisa Larrimore Ouellette, Clinical Trial Transparency and Patent Prior Art, JOTWELL (Apr 30, 2026) (reviewing Dennis Byrski & Lucy Xiaolu Wang, Marketing Authorization and Strategic Patenting: Evidence from Pharmaceuticals, 247 J. Pub. Econ. 105415 (2025)), ip.jotwell.com/clinical-tri... April 30, 2026 Jotwell
- Had one been elected promising national health that would have been strong evidence of a winning coalition for it. That sort of thing becomes a self-fulfilling prophecy sometimes. Electoral campaigns are not the moment to discuss the nuts and bolts of horse-trading. They're the time to inspire. April 29, 2026 Michael Froomkin
- Emma Cave, Keeping Pace with Technological Advances, JOTWELL (April 29, 2026) (reviewing Neera Bhatia, Technology, Health, and Law in Life and Death Before the Cradle to Beyond the Grave (2025)), health.jotwell.com/keeping-pace.... April 29, 2026 Jotwell
- Seems to me there ought to be a problem if large numbers of women whose married names didn't match their birth names will need to get a passport in order to vote, and that passport will come with a partisan portrait. www.thebulwark.com/p/exclusive-... April 29, 2026 Michael Froomkin
I’m not a constitutional scholar, so where the hell does it say anywhere in the Constitution that the president can unilaterally and secretly assume dictatorial powers in his role as commander-in-chief? (I reference the infamous DOJ memo asserting that the commander-in-chief need honor no national or international laws, treaties, nor be bound by constitutional checks and balances if they would “impede the war effort”; i.e., dictatorship). Nor can I find it stated that such power can be bestowed by the legislative or judicial branches, assuming one might justify it via case law or legislation. That earlier CICs like Lincoln or FDR exceded their authority is irrelevant, as their precedents were illegal.
Am I reading too much into this, or have we just undergone a “shadow” coup? If so, why aren’t the president and his cronies being tried for treason?
“Treason” charges would require some evidence that Mr. Bush has made war on the United States, not merely that he has betrayed the country’s ideals.
A grand jury to investigate Rumsfeld for war crimes, however, would seem to be in order. In the unlikely event that Kerry grows balls, perhaps Rumsfeld could be arrested on inauguration day, and held as a illegal enemy combatant until the Republicans in Congress restore our civil liberties.
Thanks, Brian…
But why stop with Rummy–Kerry could bag the whole Republican Party along with Pat Robertson as “enemies of the state.” Pat, by the way, said God told him Bush would win in a landslide, so I guess Kerry’s balls are moot.