John G. Malcolm
- Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
- Contributor, The Daily Signal
Washington, D.C.
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VP, Meese Institute for the Rule of Law at Advancing American Freedom; former VP, Institute for Constitutional Gov't at Heritage. Opinions expressed are my own.
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Articles by John G. Malcolm
Did Fauci properly take the Fifth? The Senate could put that claim to the test
Republicans likely have the votes to hold Fauci in contempt, which would refer the matter to U.S. Attorney Jeanine Pirro Dr. Anthony Fauci , the point man for America's pandemic response who was once the doyen of Hollywood (see here and here ), turned in a less-than-stellar performance before the Senate Homeland Security Committee. After giving a short, entirely self-serving opening statement during which he accused Committee Chair Sen.
Political News and Conservative Analysis About Congress, the President, and the Federal Government
Let’s start with the Constitution’s Naturalization Clause (Art. I, Sec. 8, Cl. 4), which provides Congress with the “power … To establish an uniform Rule of Naturalization … throughout the United States.” Likewise, the Supreme Court has long recognized Congress’s plenary authority over immigration. Congress has enacted a body of laws, which federal officers are charged with enforcing, addressing who should be admitted to or excluded from the country and who can be deported.
Pardon Me: When Congressional Witnesses Plead the Fifth
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Wisconsin’s Democrat AG Is Still Waging Fani Willis-Style Show Trials Against 2020 Election Lawyers Original
The lust for political vengeance against anyone who provided assistance to Donald Trump in the 2020 election is still in full swing in Wisconsin, as evidenced by an ongoing abusive criminal prosecution that has now reached the state supreme court with motions over possible misconduct by the trial judge and a request for two biased members of the high court to recuse themselves from the case.
Trump's AI Executive Order is a Step in the Right Direction
President Donald Trump issued an executive order Dec. 11, titled “Ensuring a National Policy Framework for Artificial Intelligence.” Its broadly stated goal is “to sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework.” With more details to come, we hope Trump’s approach properly respects federalism established in the Constitution as a critical safeguard for our liberty. First, a little background on this fast-moving area.
Reagan's originalist revolution changed the Supreme Court forever
OPINION: As they celebrate the 250th anniversary of the Declaration of Independence next year, many Americans will remember fondly the patriotism and pageantry of the 1976 bicentennial. Few people were even aware of the bicentennial of 1987, the 200th anniversary of the signing of the Constitution. Yet by the end of President Reagan’s administration, the originalist revolution was underway. Indeed, with the benefit of hindsight, the preceding three years changed the course of the Constitution.
Commentary: How 'originalism' Became the prevailing view at the US Supreme Court
It is easy to take for granted that the current Supreme Court has a majority of committed originalists. But only four decades ago, such a court would have been unimaginable. Who deserves credit for this remarkable change? “If we can envision a Mt. Rushmore of originalism," Justice Samuel Alito wrote in a new book that we co-edited, "the three visages we would see carved in stone are those of Robert Bork, Edwin Meese III, and Antonin Scalia.” kAmyFDE:46 $42=:2’D C6>2C<23=6 E6?FC6 @?
Commentary: How 'originalism' Became the prevailing view at the US Supreme Court
The U.S. Supreme Court Building stands on June 14, 2024, in Washington, D.C. Anna Moneymaker Getty Images/TNS It is easy to take for granted that the current Supreme Court has a majority of committed originalists. But only four decades ago, such a court would have been unimaginable. Who deserves credit for this remarkable change?
Commentary: How 'originalism' Became the prevailing view at the US Supreme Court
It is easy to take for granted that the current Supreme Court has a majority of committed originalists. But only four decades ago, such a court would have been unimaginable. Who deserves credit for this remarkable change?
Commentary: How 'originalism' became prevailing view at US Supreme Court
It is easy to take for granted that the current Supreme Court has a majority of committed originalists. But only four decades ago, such a court would have been unimaginable. Who deserves credit for this remarkable change?
I Live in D.C. I’m Glad Trump Sent In the National Guard To Fight Crime.
As a longtime resident of Washington, D.C., I’m supposed to be outraged that President Donald Trump ordered the deployment of federal forces, especially the National Guard, to fight crime and address the fact that the D.C. government “has lost control of public order and safety in the city,” as he described it. On the contrary, I’m glad he has done it.
Trump’s Tariffs Are Down, But Are They Out?
Recently, two federal courts ruled against the Trump administration’s imposition of tariffs under the International Emergency Economic Powers Act.
Supreme Court Hands Trump Win in Fight Against Rogue Administrative State
As Americans began to prepare for Memorial Day weekend, the Supreme Court quietly handed President Donald Trump a significant victory in the fight to rein in the rogue D.C. bureaucracy. In a short, two-page order, the Court stayed a district court order that directed Trump to reinstate two federal officials whom he had fired. Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted for the stay.
Only SCOTUS Can Rein In The Judicial Coup
The Supreme Court heard oral arguments on May 15 on what has become a debilitating, critical crisis: the issuance of nationwide injunctions en masse by federal district court judges. Notably, the overwhelming majority of those judges are Democrat appointees who seek to prevent President Donald Trump from doing what he was elected to do: govern. According to a lawsuit tracker by the Associated Press, more than 200 lawsuits have been filed against Trump’s executive orders.
The Legal Services Corporation: Principled and Conservative or Liberal Running Dog?
Politics The Legal Services Corporation: Principled and Conservative or Liberal Running Dog? A response to “Mr. Musk, Please Defund the Legal Services Corporation.” Loading the Elevenlabs Text to Speech AudioNative Player... A recent opinion piece in The American Conservative calls for the defunding of the Legal Services Corporation (LSC), relying on mischaracterizations and misinformation to attack an institution that plays a crucial role in our justice system.
Judge can't stop Trump pause on spending
Shortly after taking office, President Donald Trump, quite sensibly, paused some federal spending programs to see whether they are lawful and advance America’s interests, which he had promised voters he would do. That temporary delay, however, set off a firestorm among the liberal states and organizations that, as recent disclosures have revealed, have benefited immensely and unjustifiably from the government’s largesse.
Judge’s Order Blocking Trump’s Spending Pause Should Be Quickly Set Aside on Appeal
Shortly after taking office, President Donald Trump, quite sensibly, paused some federal spending programs to see whether they are lawful and advance America’s interests, which he had promised voters he would do. That temporary delay, however, set off a firestorm among the liberal states and organizations that, as recent disclosures have revealed, have benefited immensely and unjustifiably from the government’s largesse.
New Trump Indictment Adjustments Reflect Supreme Court Ruling
Special Counsel Jack Smith has had a busy week. He filed his brief with the U.S. Court of Appeals for the 11th Circuit asking that court to overturn Judge Aileen Cannon’s dismissal of his indictment in the classified documents case against former President Donald Trump. Cannon dismissed that indictment because she found that Smith had been unconstitutionally appointed to his position and, as a result, did not have the power to bring the indictment at all.
Travel Ban Is President's Authority
The Supreme Court has agreed to hear the government’s appeal of the so-called travel ban shortly in October — welcome news for those who value the rule of law and separation of powers.
Let’s Not Get Constitutional
In response to President Biden’s July 30 op-ed, “My plan to reform the Supreme Court and ensure no president is above the law”: During his 36 years as a senator, eight years as vice president and nearly four years as president, Mr. Biden never proposed any “reforms” to the Supreme Court. Now, just before the end of his term, he has seen the light and suggested a series of radical changes that would undermine the independence of the one branch of government that is supposed to be apolitical. Why?
Federal Judge’s Dismissal of Trump Classified Documents Case Appears to Be on Solid Constitutional Ground
In a major setback for President Joe Biden’s Justice Department, the federal judge overseeing the criminal case brought by special counsel Jack Smith against former President Donald Trump for willful and unlawful retention of national defense information under the Espionage Act and for obstruction of justice threw out the superseding indictment and dismissed all of the 42 charges against Trump and two other defendants.
Supreme Court Clarifies Scope of Presidential Immunity, Giving Trump (and Future Presidents) Substantial Victory
In what is undoubtedly one of the most significant constitutional decisions it has ever issued with respect to the separation of powers and the powers of the presidency, the Supreme Court issued a 6-3 decision Monday saying that former presidents are entitled to broad immunity from criminal prosecution after they leave office for acts committed while in office. The decision in Trump v.
Supreme Court Rules for Jan. 6 Defendant, Implications for Trump Case
The Supreme Court decided a case Friday that will affect the prosecutions of around 350 individuals charged in connection with the events at the Capitol on Jan. 6, 2021. And the decision could also well affect two of the four charges brought by Special Counsel Jack Smith that are pending against former President Donald Trump in federal court in Washington, D.C. The case arose from the prosecution of Joseph Fischer, who attended the “Stop the Steal” rally on the Ellipse on Jan.
Supreme Court Decides Legislatures, Not Judges, Should Address Homelessness
The Supreme Court issued a 6-3 decision Friday holding that the government may punish the homeless by fines or imprisonment for trespassing or camping on public property. In 2013, the city of Grants Pass, Oregon, had a population of roughly 38,000 and as many as 600 homeless individuals on any given day. Many of these individuals clustered in encampments that all too frequently serve as a hotbed of disease, addiction, and rampant crime committed by and against the encampment dwellers.
Hunter Biden's Plea for Jury Nullification
The criminal trial of President Joe Biden’s troubled son Robert Hunter Biden on three gun charges in a Delaware federal district court is troubling, but not for the reasons you might expect. The trial itself is unremarkable and playing out like any trial where the evidence of guilt, both direct and circumstantial, is overwhelming.
Trump Convicted: So What Happens Now?
Former President Donald Trump was convicted of 34 felony counts when the jury rendered its verdict Thursday, the first time a former president (also the presumptive Republican presidential nominee) has been convicted of a crime. The Rubicon has been crossed, and many people have weighed in with reactions, including The Heritage Foundation. Trump will appeal, following what he called “a rigged, disgraceful trial.” “We will fight for our Constitution,” the former president said.
13 Federal Judges Boycott Columbia University
LawCommentary 13 Federal Judges Boycott Columbia University SocietyCommentary Americans Should Thank a Cop During National Police Week—and the Rest of the Year, Too PoliticsNews Video EXCLUSIVE: DOJ Attorney Expressed Concerns About Conservative Media Coverage of Biden Admin Persecuting Christians, Pro-Lifers EconomyCommentary Bipartisan Proposals Seek Accountability for Hundreds of Billions in Improper Federal Payments Is it proper for federal judges to boycott hiring students who attend a...
Americans Should Thank Cops During National Police Week—and the Rest of the Year, Too
This week, Atlanta cops embodied the city’s motto, “Resurgens,” which means “rising again.” Responding to a distress call about an armed man in the Capitol View neighborhood, three cops were shot in the line of duty on May 11. This National Police Week (May 12-18), we should be grateful that it appears that they will all recover. Many cops aren’t so lucky. Sgt.
Supreme Court to Make Significant Rulings on Power of Administrative State, Presidential Immunity, More - Commentary
Oral arguments are over at the Supreme Court for this term. Although the rallies and protesters have dispersed (for now, anyway), the justices remain frantically at work on the numerous opinions they have yet to hand down. With several closely watched cases still pending, it will likely be a historic finish to this Supreme Court term. The court heard 61 arguments in 69 cases this term (some of the cases were consolidated for oral argument), 20 of which the court has already decided.
Supreme Court Faces Historic Finish to Eventful Term
Oral arguments are over at the Supreme Court for this term. Although the rallies and protesters have dispersed (for now, anyway), the justices remain frantically at work on the numerous opinions they have yet to hand down. With several closely watched cases still pending, it will likely be a historic finish to this Supreme Court term. The court heard 61 arguments in 69 cases this term (some of the cases were consolidated for oral argument), 20 of which the court has already decided.
Big questions before Supreme Court in Trump’s presidential immunity case
The nine Supreme Court justices have a major question before them. Is a current or former president immune from prosecution? Former President Donald Trump is facing prosecution for alleged efforts to overturn the results of the 2020 election. Trump argues that his actions as president are protected from prosecution under presidential immunity.
Supreme Court to Decide If City May Ban Sleeping in Public
The Supreme Court heard oral argument Monday in the case of City of Grants Pass v. Johnson, which raises the issue of how states and localities may deal with the problem of homelessness. The U.S. Court of Appeals for the 9th Circuit held that it violates the cruel and unusual punishment clause of the Constitution’s Eighth Amendment for a city (in this case, Grants Pass, Oregon) to fine someone for sleeping on public property if no bed is available at a secular shelter.
Democrats' Call for Justice Thomas' Recusal Is Naked Political Ploy
In their latest attack on the integrity of the U.S. Supreme Court, House Democrats are urging Justice Clarence Thomas to recuse himself from a case involving former President Donald Trump’s eligibility to appear on Colorado’s Republican primary ballot. Their reasoning is simple, but dangerously misguided: Because Thomas’ wife, Ginni, has expressed opinions about Trump and the 2020 election, he should be barred from adjudicating any case involving Trump and elections.
The Outsize Influence of Big Law’s Liberal Tilt
There’s a big-money influence operation going on behind the scenes at the Supreme Court—just not the one you’ve heard about. Motivated partisans keen to discredit the Supreme Court’s conservative justices pound the table and rail on about a “dark money” conspiracy that uses gifts and front groups to reshape the law to the benefit of big business and right-wing billionaires.
Supreme Court Case Could Affect Criminal Charges Against Trump
SecurityNews EXCLUSIVE: Phone Calls and Social Media Posts Drive Record High Illegal Immigration, Top Border Patrol Officials Report SocietyCommentary Biden Admin’s Pronoun Police Demand Employees Deny Biology SecurityCommentary The BorderLine: Is There Really a Link Between Climate Change and Mass Migration?
The DOJ’s latest ploy to get Biden re-elected: Get Trump in the Supreme Court Original
The Supreme Court should reject special counsel Jack Smith’s latest ploy to short-circuit the 2024 election. Smith petitioned the Supreme Court this week to intervene prematurely in the trial proceedings against Donald Trump. Smith charged Trump in August with attempting Jan. 6, 2021, to block the peaceful transfer of power.
Bari Weiss' Tour de Force Is a Battle Cry to Save the West
Bari Weiss, the former New York Times editorial writer, delivered a tour de force speech explaining the West’s current war of ideas and laying out what we must do to save our civilization. Speaking at the Federalist Society’s annual National Lawyer’s Convention, Weiss spoke after receiving a prize named after Barbara K. Olsen, a victim of the Sept. 11, 2001, terrorist attacks.
Reconsidering the Wisdom of an Article V Convention of the States
In early August of this year, a few of my Heritage Foundation colleagues and I joined representatives from 49 states in Williamsburg, Virginia, for a two-day “Simulated Convention of the States” to consider potential amendments to the U.S. Constitution. This was the second such simulated convention, the first having occurred in 2016. Given Williamsburg’s significance during the Revolutionary War and the Founding,REF the setting seemed fitting.
Education Secretary Miguel Cardona can’t stop poking the bear Original
One has to wonder why Education Secretary Miguel Cardona is so committed to trolling and provoking parents on Twitter. This kind of behavior is sadly to be expected from teachers union leaders, but one would think the head of the Education Department might at least pretend to care that the Democratic Party — his party — just watched a 21-point lead on the issue of education evaporate right before their eyes. Rather than reflect on why that might be, Cardona can’t stop adding fuel to the fire.
Wisconsin parents pull daughters from school sports over trans safety concerns
Some Wisconsin parents have pulled their daughters from their school sports team over safety concerns that a transgender student would participate alongside them and share their changing areas. The names of the students and their sport have not been released for privacy reasons, according to multiple reports, but parents are speaking out after a school in the Green Bay Area Public School District considered the transgender student's inclusion into a team with biological women.
DeSantis's New College of Florida trustees move to eliminate gender studies department
The board of trustees at the New College of Florida voted to abolish the school's gender studies department Thursday, marking the latest effort by the conservative trustees to redirect the college's mission. The board, which was filled with conservative trustees by Gov. Ron DeSantis (R-FL) earlier this year, voted 7-3 to eliminate the gender studies department, 27 years after it was first established in 1995.
The Left’s relentless, unjustified assaults on the Supreme Court’s legitimacy
In recent years, the Supreme Court has been the target of a relentless and strategic campaign aimed at undermining its credibility and impartiality. Left-wing publications such as ProPublica, Slate, and The Guardian have led an orchestrated assault against the high court’s Republican-appointed justices, and their message has been amplified by Senate Democrats. Their motive?
The left’s relentless, unjustified assaults on the Supreme Court’s legitimacy
The post The Left’s Relentless, Unjustified Assaults on the Supreme Court’s Legitimacy appeared first on The Daily Signal. In recent years, the Supreme Court has been the target of a relentless and strategic campaign aimed at undermining its credibility and impartiality. Left-wing publications such as ProPublica, Slate, and The Guardian have led an orchestrated assault against the high court’s Republican-appointed justices, and their message has been amplified by Senate Democrats. Their motive?
Strong trade policy can counter China and support American jobs
We’re at a critical juncture for trade policy . When I began serving in Congress in 2007, the global and trade policy landscape looked much different. Under President George W. Bush, we increased the number of U.S. trade partner countries from three to 16. Since then, we’ve seen new agreements with Colombia, Panama, and South Korea , and the renegotiation of the North American Free Trade Agreement . At times, United States-Mexico-Canada-Agreement negotiations seemed hopeless.
Lina Khan's FTC is waging a war against the free market
The Federal Trade Commission under Chairwoman Lina Khan is out of line and in need of new leadership. The FTC is being run by left-wing ideologues who challenge every corporate merger and want to use antitrust law to break up America’s most successful companies. The Biden administration should recognize that this government agency is treating companies as if they are presumed guilty of commerce crimes and have to prove their innocence. The most recent example of FTC overreach is the case of Amazon.
The Left's war against the Supreme Court
The Left is throwing yet another temper tantrum. This time, their anger and hatred are being aimed at the Supreme Court . It’s easy to see why. From overturning Roe v.
What’s Next in the Hunter Biden Case
Despite the Hunter Biden plea deal falling apart in federal court last week, the case will almost certainly not go to trial, legal experts say. Still, the investigation could expand if the House Oversight and Accountability Committee probe into the Biden family business deals turns into a criminal referral, former federal prosecutor Robert Ray said.
Why a judge refused to rubber-stamp the shady Hunter Biden plea deal
A funny thing happened in the courtroom of U.S. District Court Judge Maryellen Noreika last week. Hunter Biden ’s lawyers and the Department of Justice tried to pull a fast one on her, but she refused to play her designated part, declining to “rubber stamp” an intentionally opaque plea agreement. Plea agreements are generally straightforward.
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