Conservatives are riding high on recent Supreme Court decisions to overturn Roe vs. Wade and strike down restrictive policies on gun ownership in states like New York.
But regardless of his policy preferences, bestselling author and constitutional scholar Kevin Gutzman believes one of those decisions was incorrect, based on strict construction of the U.S. Constitution.
He joins me on today's episode to explain why.
Anyone who has read Kevin's books probably has an idea why he would be divided on these two decisions. If you haven't, I highly recommend the two I've linked to on the show notes page.
Kevin also gave me a heads up on yet another blockbuster SCOTUS decision that might be coming on something called, "the non-delegation doctrine," which we discussed way back on Episode 28.
This is a principle that says Congress cannot delegate its exclusive powers to another branch of government. It was destroyed by the New Deal, which erected myriad executive branch agencies and allowed them to "regulate," i.e, write rules that either prohibit or compel behavior. Calling this by another name does not change the fact that it
amounts to the executive branch legislating.
We'll have to wait and see how serious they are about returning the legislative power exclusively to Congress, as the Constitution requires.
Tomorrow, I'll have some fun with this issue in an exclusive blog post for my Patreon members. If you're not already a supporter, consider becoming one at patreon.com/tommullentalksfreedom.
Thanks for all your support.