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Democrats Abandoned the Rule of Law. Under President Trump, Will They Help Restore It?

Libertarian legal scholar Randy Barnett on what Trump's victory means for the Supreme Court and our constitutional rights.

After Donald Trump's victory last night, "democrats [may become] interested in limiting the scope of federal power, and restoring the separation of powers," says Georgetown University Law Center's Randy Barnett.

"[When] they were holding power, [this] didn't seem to be a problem. Maybe they can now see the problem."

Barnett joined Nick Gillespie for a discussion of what Trump's victory means for constitutional rights and the Supreme Court.

Listen to the interview below, or better yet subscribe to our podcast at iTunes.

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  • Celexis||

    No.

  • Aloisius Kohalich||

    What's on the menu at the Reason cafeteria today? Crow? Make sure Shikha gets a double helping.

  • DJF||

    Where is Shikha?

    Is she still waiting for her internet connection to be hooked up in Canada?

  • BearOdinson||

    Hindu tears, with just a hint of curry.

    MMMMMMMMM!

  • croaker||

    How does curry do in a woodchipper. Something for a certain clown in the Southern District of New York who thinks he's an AUSA.

  • Rhywun||

    What's on the menu at the Reason cafeteria today?

    Squirrel.

  • Cdr Lytton||

    Again?! It's always squirrel stew.

  • tao 48||

    Hey Nick, Stop the Pants-Shitting and Learn to Love The Donald.

  • qjkxbmwvz||

    The shittier his pants, the warmer he'll be in the coming winter.

  • Fist of Etiquette||

    I'm sure that genie will go right back into the bottle.

  • Get To Da Chippah||

    I wonder how Harry Reid feels about the filibuster today.

    http://www.nytimes.com/2016/09.....-says.html

  • BearOdinson||

    It is time to end this outdated and undemocratic procedural tactic, uh I mean.....

    This is a cherished and time-honored tradition and is one of the most important of the "checks and balances" in our republic.

  • ||

    He is about due another ass whipping, isnt he?

  • Chipwooder||

    Oh, it's time for his workout?

  • Princess Trigger||

    Nuukular Oshon!

  • 0x90||

    McConnell: Senate will move swiftly to repeal Obamacare. Replacement? That may take a while

    Without a 60-vote majority, it's not clear how he's going to do that, unless he decided to do that thing he's been screaming about Harry Reid having done for nominations—nuke the filibuster. But one thing that he's never lost sleep over is being a hypocrite, so expect him to move to toss it.
  • tarran||

    Not likely. I think we're in Marius vs. Sulla territory.

  • Pro Libertate||

    Sure feels that way. Not yet, but much closer.

  • Pan Zagloba||

    Difference is, both were capable generals who commanded the loyalty of their men.

    How is gun ownership split between Trumpaloos and Clintonistas? The Armed Forces?

    I guess Clintonistas are counting on NYPD and Chicago PD and such?

  • Swiss Servator||

    The Chicago PD that wore T-Shirts saying "We kicked your hippy grandfather's ass in '68" when the NATO summit was there in '12?

  • Pan Zagloba||

    I'm trying to help! Who else do they have? Black Panthers? Farrakhan crowd? The True Klan (Democrat forever)?

  • ||

    By the way, there's a great biography of Sulla's opponent Mithradates called The Poison King that really shows just how utterly better the Roman Armies were than anything they faced in Asia Minor. Mithradates raised several giant armies and got smashed. Casualties were thousands for his side, and 47 for the Roman army. Just unbelievable.

  • Pro Libertate||

    Yeah, if this is another suggestion that there is any possible alliance between complete statists and libertarians, well, I gave at the office.

  • ||

    Every time the left loses like this there is a moment where people ask "NOW will they understand why it's important to limit federal power?"

    But they never do. Oh sure, they will bitch about whatever Trump does going forward and claim we need to limit this or that but as soon as they get back in power they will go right back to ignoring said limits.

    Fuck them sideways. I'm done pretending they are ever going to understand why the defense of individual liberty is important.

    STOP SAYING ITS GOING TO HAPPEN. ITS NOT GOING TO HAPPEN.

  • Doctor Whom||

    I've given up on trying to make that argument to them. They respond that it's necessary to elect the right Top! Men! and don't consider whether Top! Men! should make the decisions at all.

  • BearOdinson||

    I am pretty sure Lawrence O'Donnell and the rest of the progs in the MSM had 2 scripts ready this am:

    Trump win: "The founders envisioned the possibility of just such a tyrant. And that is why we have separation of powers and checks and balances."

    Hillary win: "Now if those obstructionist Republicans in Congress would just get out of the way and let Hillary get stuff done!"

  • BearOdinson||

    I am pretty sure Lawrence O'Donnell and the other progs in the MSM had 2 scripts ready this am:

    Trump win: "The founders envisioned the possibility of such a tyrant. That is why we have separation of powers, and checks and balances."

    Hillary win: "Now if those obstructionist Republicans in Congress would just get out of the way and let Hillary get stuff done!"

  • BearOdinson||

    Fuck the squirrelz. It didn't post my comment the first time.

  • Pan Zagloba||

    I couldn't post anything for hours.

    Probably for the best. I went in pretty chill last night. Five minutes of CNN (more CNN than last eight years combined) turned me into a frothing Trumpaloo.

  • Citizen X||

    My thoughts and prayers are with you.

  • Pan Zagloba||

    I am slightly hangover today, which makes me feel better.

  • TheZeitgeist||

    Watched White House Press Conference just now. Josh Earnest had to stop mid-sentence, seemingly gazed at things far away only he could see, before blurting out 'President-Elect Trump?' as if asking himself a question.

    Best WH presser I've seen from that guy.

  • BearOdinson||

    This is, I think, one of the most pleasing aspects of this. When most Rs voted for McCain and Romney, (yes I did), when they saw Obama won, it was "we need to do something different". Yes there was finger pointing and all of the political bs. But I love the overarching feeling of despair on the left. And in some cases a sort of stupor has come over them. Some of them literally can't believe it happened.

    "No one I know voted for Trump. How is this possible?"

  • Sevo||

    Well, it's not all bad:

    "Donald Trump's sweep could be a big setback to Tesla and Elon Musk"
    [...]
    "Trump has signaled that he will roll back regulations on fossil fuels, approve the Keystone XL oil pipeline, and boost the coal industry. In May he said that his energy platform would not "pick winners and losers." By default, analysts say, this is likely to benefit oil and gas companies that have dominated the energy sector for decades, whereas without government assistance, newer entrants such as Tesla will face an uphill battle."
    http://www.sfgate.com/business.....604424.php

    Maybe Musk could try competing on a level field.

  • Uncle Jay||

    RE: Democrats Abandoned the Rule of Law. Under President Trump, Will They Help Restore It?

    If you believe that, I'll sell you a bride I got in Brooklyn.

  • juris imprudent||

    Will she get me over a river?

  • croaker||

    She'll either send you up the river or sell you down it.

  • ||

    Is she hot? She has to be pretty hot to make up for the NY accent.

  • Lord Rollingpin||

    Why is the accent a problem, do American women talk a lot?

  • Uncle Jay||

    Democrats Abandoned the Rule of Law. Under President Trump, Will They Help Restore It?

    If you believe that, I'll sell you a bridge I got in Brooklyn.

  • lafe.long||

    Screw the bridge, tell me more about the bride.

  • Lachowsky||

    I'm more interested in the bride. how much you want for her?

  • Swiss Servator||

    I'll take the bride, rather than the bridge, thankee.

  • ThomasD||

    No bride, but how about a handsome goat?

  • ||

    " "democrats [may become] interested in limiting the scope of federal power, and restoring the separation of powers," says Georgetown University Law Center's Randy Barnett."

    Aaaaand the stupid just keeps getting deeper.

  • ThomasD||

    Hope springs eternal for people conditioned to think Republicans are both evil and stupid.

  • Citizen X||

    Democrats Abandoned the Rule of Law. Under President Trump, Will They Help Restore It?

    I wouldn't have thought so, but a ton of impossible things have happened in the past week, so what the fuck do i know.

  • Sal Paradise||

    Trump just needs a phone and a pen, right?

  • See Double You||

    They will. But once they get their guy in, they won't. Repeat ad infinitum.

  • AlmightyJB||

    They understand only power. Their focus will be on regaining it however they can.

  • AlmightyJB||

    They understand only power. Their focus will be on regaining it however they can.

  • Gilbert Martin||

    Democrats help restore the rule of law?

    Get back to me when they are willing to restore the actual meaning of the text of the interstate commerce clause and get rid of the absurd notion that it means the federal government has the power to regulate anything that anyone wants to claim "has an effect" on interstate commerce rather than just actual interstate commerce transactions and they would therefore be willing to invalidate every single law and regulation in existence today predicated on the erroneous expansive interpretation.

    Or when they are willing to acknowledge that general welfare means what James Madison said it meant:

    "With respect to the two words 'general welfare' I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators"

    The aforementioned would require a complete elimination of the New Deal and Great Society programs.

    THAT is what would be required to restore the rule of law.

  • croaker||

    While you're at it how about overturning Screws v US that keeps most cops from being prosecuted when they violate the civil rights of non-cops?

  • Malvolio||

    "He who fights monsters should see to it that he himself does not become a monster." I doubt the Democrats will heed that warning.

  • croaker||

    Maybe Trump can do something about that shit-for-brains US Attorney infesting the Southern District of New York.

  • Eman||

    Anyone making predictions about what trump's reign will look like is pulling it out of their whatever. We've never seen trump in ANY elected office. He might break the mold and actually follow through on some of his campaign promises. I doubt it, but its damn near impossible to make an informed guess with no data.

  • Curt2004||

    Hmmm... Maybe he'll bring a film crew into the white house and start a new reality TV show...

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