The Ark Of The Covenant Deserves Reverence And Respect, Especially Today

Daily Caller With days and weeks filled with law practice, political goings on, serving as President of the National Rifle Association, and other issues relating thereto, I find myself, like many of my colleagues, with little time for matters of the mind. I was, therefore, extremely grateful to a friend who last week invited me to a celebration in New York City for the unveiling of one of the most beautiful works of religious art I have ever seen – the Ark of the Covenant constructed as close as humanly possible to its biblical criteria and dimensions. Being able to view up close this astonishingly beautiful and gold-laden artifact was itself worth the visit to the Big Apple. It was, however, the speakers that made the evening event truly valuable. Many of the presenters, including a number of Rabbis and biblical scholars, amongst who was Christian Coalition founder and current chairman of the Faith and Freedom Coalition, Ralph Reed, were (at least in my experience) more inspiring and thought-provoking than any presentation or essay by a political leader in the modern era (with the possible exception of several speeches by Ronald Reagan, including his second inaugural address describing the “American Sound”). It was truly invigorating to step back from politics and controversies of the day and cogitate for those few hours on matters of import that far transcend such current events in importance to each of us as individuals as well as to our country. The closest in oratorical proximity to politics that figured into last Wednesday evening’s celebration came in the form of thanksgiving to the United States...

When It Comes To The Second Amendment, The More Things Change, The More They Stay The Same

Daily Caller I recently returned from the National Rifle Association’s (NRA) 153rd annual meeting in Dallas, Texas, an event at which hundreds of retailers and manufacturers of firearms, firearms accessories, archery equipment and camping gear set up shop and attracted more than 72,000 visitors, including many families with children of all ages. As was the case at every NRA annual meeting I have attended since becoming a Board member in 1998, the overarching theme was safe and responsible use and ownership of firearms. On Monday, May 20th, immediately following the annual meeting and exhibit hall, I was elected by the 76-member Board of Directors to serve as NRA President for the 2024-25 year. I accepted this honor at a time of great challenge and opportunity for the NRA and its more than four million dues-paying members — also recognizing that every year is one of challenge and opportunity for the NRA. The fact is, when it comes to defending the Second Amendment (and indeed, all the rights guaranteed to us by our Bill of Rights), our opponents never sleep, and a win one day is guaranteed to be followed by another challenge the next. Thus it has been since the founding of our great nation.  Thankfully for freedom-loving and law-abiding citizens, just as our adversaries never sleep, neither does the NRA in confronting challenges in the legislative, legal and regulatory arenas. And, since the turn of this century, those challenges have come also from the United Nations and other international organizations. Here at home, the recent prosecution of former President Trump by Manhattan District Attorney Alvin Bragg illustrates the manner by which...

Marijuana Set To Be Unshackled

Townhall Will wonders never cease? The federal Drug Enforcement Administration (DEA) reportedly is considering moving marijuana from the most highly restricted class of “Controlled Substances” – Schedule I – where it has resided for more than half a century, to the far-less restrictive category as a Schedule III drug.  This reclassification, if actually implemented, truly would represent a sea change in federal drug policy, which since 1970 has been defined by the Nixon-era Comprehensive Drug Abuse Prevention and Control Act of 1970, of which the Controlled Substances Act is found at Title II. As with much federal regulatory power, Uncle Sam’s control over drugs, including “controlled substances” and all manner of prescription medications, is implied – deriving from numerous laws passed by the Congress and upheld by the U.S. Supreme Court as legitimate under the so-called “commerce power” found in Article I, Section 8 of the Constitution.  Despite the otherwise clear limiting language in that Section of the Constitution that congressional power to legislate extends only to “commerce” between states, ever since President Franklin Roosevelt’s “New Deal” in the 1930s, all three branches of the federal government have eagerly gobbled up powers clearly never dreamed of by those who wrote and ratified that document. The final bulwark against this deluge was essentially destroyed in 1942, when the High Court found constitutional under the Commerce Clause, the federal government’s power to regulate the price of wheat grown by a farmer in Ohio (Roscoe Filburn) even though none of his product was used or sold beyond the borders of the Buckeye State.  The tortured reasoning that underpinned the Supreme Court’s decision in Wickard v. Filburn, provided a...

‘Hush Money’ Case Against Trump Is Bad On The Law and On the Facts

Townhall An adage learned early in the career of a trial attorney is, “if the law is not on your side, argue the facts, and if the facts are not on your side, argue the law, but if neither the facts nor the law are on your side, make sure you get your fee up front and in cash,” because you are almost certain to lose your case.  Manhattan District Attorney Alvin Bragg is paid by Big Apple taxpayers regardless of whether he wins or loses a case, but he deserves to lose the so-called “hush money” case against former President Donald Trump because neither the law nor the facts justify this prosecution. Although the trial in the case, styled “THE PEOPLE OF THE STATE OF NEW YORK against DONALD J. TRUMP, Defendant,” is in its early stages, any reasonably objective analysis of the applicable facts and the law leaves one with far more doubt than could be considered “reasonable”  that the 45th President of the United States committed even a single one of the 34 criminal acts alleged by Mr. Bragg.  Media attention focuses on virtually every real or perceived aspect of what happens inside the courtroom of Judge Juan Merchan, down to and including the thermostat setting and Trump’s posture; such irrelevancies are fodder for media pundits on both sides of today’s ever-present partisan political divide. It is, of course, not surprising that conservative media outlets believe Trump to be absolutely and unquestionably innocent, while their liberal counterparts can hardly contain their glee at the former President’s predicament and wish him a speedy trip to Riker’s Island. Much...

Biden’s Contempt for the Rule of Law Laid Bare in Move to Close Imaginary ‘Gun Show Loophole’

Townhall President Biden’s family, individuals within his Administration, and his political supporters will defend him aggressively when former President Trump and others in the GOP deride him for his many gaffes and policy blunders. Mainstream media pundits will continue to cover for him when presented with inescapable evidence of his advanced age. There is, however, one trait exhibited repeatedly by the current President that is beyond dispute or defense even by his most ardent supporters – Biden’s utter disdain for the rule of law. This disturbing characteristic was on full display recently with the signing of a regulatory “rule” placing further limits on the Second Amendment without bothering to secure the legislative approval to do so as required by the Constitution. Constitutional Law 101 reminds us that of the three branches of our government, only the Legislative is empowered to pass, amend, or change laws. In fact, the very first operative sentence of the Constitution makes this abundantly clear, vesting All legislative Powers in the Congress; not in the presidency and not in the Courts. Once the Congress has spoken by passing legislation, and once signed by the president, it becomes the law of the land and can be changed only by subsequent act of Congress. It is black-letter law that a president cannot, consistent with the Constitution and the principle that America operates as “a government  of laws, and not of men,” simply change terms defined and codified in statutes to suit his policy preferences. This is, however, exactly what the Biden Administration has done with long-standing firearms laws which provide that if individuals or businesses regularly and...