Charles Kesler on Donald Trump Breaking Presidential Norms—8/23/18

August 28, 2018

In a recent op-ed for the New York Times, Charles Kesler, Claremont Senior Fellow and editor of the Claremont Review of Books (CRB), argues that most of President Trump’s alleged transgressions offend against the etiquette of modern liberal governance, not the Constitution. Dr. Kesler joins The Seth Leibsohn Show to discuss why breaking norms will renew democracy, not ruin it.

00:0000:00

John Eastman on nomination of Judge Brett Kavanaugh for Supreme Court

July 10, 2018

Dr. John Eastman, founding director of Claremont's Center for Constitutional Jurisprudence, analyzes Trump's selection of Judge Brett M. Kavanaugh to fill Justice Anthony M. Kennedy’s seat on the Supreme Court.

At the 6:05 minute mark, Dr. Eastman specifically evaluates the nomination in the context of the administrative state.

"One of the major fights in the Supreme Court right now, and my own Supreme Court litigation center has been on the forefront of this fight, is pushing back against unelected bureaucrats in administrative agencies that are basically ruling our lives, from morning to night, cradle to grave, without any legal authority.

"These administrative law doctrines that have developed over the last number of decades are finally being called into question. One of the things that stands out about Brett Kavanaugh’s career on the D.C. Circuit Court of Appeals is his willingness to question some of those doctrines as a violation of core constitutional separation of powers principles. That is where a very big fight is going on in the Supreme Court right now, and I think that may well have tilted the scale in his favor on the nomination."

00:0000:00

June tele-town hall: Supreme Court Term in Review

July 5, 2018
Dr. John Eastman, founding director of Claremont's Center for Constitutional Jurisprudence, and his guests discuss the major cases from the 2017-2018 Supreme Court term in this month's tele-town hall.
 
Dr. Eastman is joined by Professor Anthony T. Caso, director of the Constitutional Jurisprudence Clinic at Chapman University’s Fowler School of Law, which is sponsored by the Claremont Institute’s own Center for Constitutional Jurisprudence; and Carrie Severino, chief counsel and policy director of the Judicial Crisis Network.
 
Cases discussed include Trump, President of U.S. v. Hawaii, the case involving the legal challenge to President Trump’s executive orders restricting immigration from several terrorist hotbed countries; NIFLA v. Becerra, the First Amendment case which involved a California law that compels religious, pro-life entities to disseminate information about low-cost planning services, abortion included, to “ensure access to reproductive health services for all California women, regardless of income;” Janus v. AFSCME, another First Amendment case ruling that public employees could not be forced to pay dues or fees to public sector unions; and Masterpiece Cakeshop v. Civil Rights Commission, the case involving the wedding cake designer who refused to make a custom-designed cake for a same-sex wedding ceremony, citing his constitutional rights to free exercise of religion. 
 
Dr. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. He served as a law clerk with Justice Clarence Thomas in 1996-97.
00:0000:00

Charles Kesler on Thinking About Trump - 5/14/18

May 15, 2018

Charles Kesler, Claremont Senior Fellow and editor of the Claremont Review of Books (CRB), joins the Seth and Chris Show to discuss his new CRB essay, "Thinking About Trump."

00:0000:00

May Tele-town hall- Preserving the Law: Trump, Immigration and DACA

May 9, 2018
In this episode, Dr. John C. Eastman, founding director of the Claremont Institute's Center for Constitutional Jurisprudence, is joined by Ilya Shapiro, 2015 Claremont Institute Lincoln Fellow, senior fellow in constitutional studies at the Cato Institute, and editor-in chief of the Cato Supreme Court Review.
 
Up first, they discuss Trump, President of U.S. v. Hawaii. This is the legal challenge to President Trump’s executive orders restricting immigration from several terrorist hotbed countries, finally being heard on the merits by the Supreme Court after more than a year of legal wrangling in the lower courts. The oral argument for this case was held on April 25, the last day of the Court’s oral argument calendar for the term.
 
The two also discuss a couple of other immigration-related recent developments in the news. 
 
  • Does the president’s use of the National Guard in order to help patrol border violate the Posse Comitatus Act? Do governors have the authority to refuse to allow their states’ national guard to be called into such service by the president?
  • Can the current president cancel the DACA program? Three lower courts have now held that he cannot, without first going through the notice and comment rulemaking procedures of the Administrative Procedures Act. This is despite that the fact that the prior president himself implemented the program without going through the notice and comment rulemaking procedures of the Administrative Procedures Act. Is the president’s promise to cancel the DACA program illegal, or are the lower court injunctions against him doing so an example of judicial overreach, even lawlessness?
 
Dr. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. He served as a law clerk with Justice Clarence Thomas in 1996-97.
00:0000:00

April Tele-town Hall: Political Gerrymandering and Compelled Speech on the Docket

April 9, 2018

 

In this episode, Dr. Eastman is joined by David W. Casazza, a 2015 Claremont Institute John Marshall Fellow. Casazza is an associate with Gibson, Dunn & Crutcher, where he is a member of the Litigation Department and focuses on appellate and administrative law. Dr. Eastman is also joined by Denise Harle, who serves as legal counsel with Alliance Defending Freedom, where she is a member of the Center for Life.
 
Up first, they discuss Benisek v. Lamone, a Maryland partisan gerrymandering case before the Supreme Court this term. The case questions whether state officials responsible for Maryland’s 2011 congressional redistricting plan targeted the plaintiffs for vote dilution, because of their past support for Republican candidates in violation of the First Amendment’s retaliation doctrine. This case was argued on March 28, 2018.
 
Next, they discuss NIFLA v. Becerra, a First Amendment case before the Court this term. The case involves a California law that compels religious, pro-life entities to disseminate information about low-cost planning services—abortion included—to “ensure access to reproductive health services for all California women, regardless of income.” This case was argued on March 20, 2018, by Mike Farris, President of the Alliance Defending Freedom. Harle was a key part of ADF’s litigation team, which also included Dr. Eastman and the Center for Constitutional Jurisprudence as co-counsel.
 
Dr. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. He served as a law clerk with Justice Clarence Thomas in 1996-97.

 

00:0000:00

Charles Kesler on Trump’s First Year, “Never Trump,” and More - 3/18/18

March 19, 2018

Charles Kesler, editor of the Claremont Review of Books and Senior Fellow at the Claremont Institute, joins Backbone Radio with Matt Dunn. The two discuss Trump's first year in office, the present status of the "Never Trump" movement (a topic Kesler wrote on in his latest CRB Editor's Note, "Among the Never Trumpers"), and hypotheticals on the future of Conservatism. 

00:0000:00

March Tele-town Hall: Political Speech on T- Shirts and in Union Halls

March 8, 2018

In this episode,  Dr. John C. Eastman, founding director of the Claremont Institute's Center for Constitutional Jurisprudence, for our March tele-town hall. Dr. Eastman is joined by Ilya Shapiro, who is a 2015 Claremont Institute Lincoln Fellow, senior fellow in constitutional studies at the Cato Institute, and editor-in chief of the Cato Supreme Court Review. The two discuss Minnesota Voters Alliance v. Mansky, a case challenging a Minnesota election law which prohibits voters from wearing political apparel at a polling venue. Under this law, voters who wear such apparel are told to remove these items before they can enter the polling place and vote. If they refuse, election officials take down their names for possible prosecution and penalties. This case was argued on February 28, 2018. 

The two also discuss a First Amendment case before the Supreme Court this term, Janus v. American Federation, which questions whether Abood v. Detroit Board of Education should be overruled. The issue before the Court is whether public employee unions may continue to garnish workers’ paychecks to fund the political act of collective bargaining for taxpayer funded wages and benefits. This case was argued on February 26, 2018.

 Dr. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. He served as a law clerk with Justice Clarence Thomas in 1996-97.

00:0000:00

Panel: Trump, Executive Power, and the Bully Pulpit

February 26, 2018

Our distinguished panel looks at how President Trump has approached executive power in important and novel ways, paying special attention to how the President has asserted greater control over the administrative state, curbed the previous Administration’s use of “enforcement discretion” to effectively change law, and used the power of the “bully pulpit” to advance his objectives and inflame his critics. Claremont co-hosted this panel with The Heritage Foundation on February 22, 2018 in Washington, DC.

The panelists:

• John Fonte, Senior Fellow and Director, Center for American Common Culture at the Hudson Institute
• Adam White
, Research fellow, Hoover Institution; Director of the Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School
• Charles Kesler
, Editor, Claremont Review of Books; Senior Fellow, Claremont Institute; Professor of Government, Claremont McKenna College
• Ryan Williams (moderator), President, Claremont Institute
• Arthur Milikh (host)
, Associate Director, B. Kenneth Simon Center for Principles and Politics at The Heritage Foundation

00:0000:00

Ryan Williams on James Burnham and Conservatism - 2/6/18

February 8, 2018

Are you familiar with modern conservative political philosopher James Burnham? Though Burnham is a lesser known figure than men such as William F. Buckley Jr. and Russell Kirk, he played an important role in shaping the modern conservative movement. 

Ryan Williams, President of the Claremont Institute, joins The Seth and Chris Show to discuss Burnham and the history of the conservative movement.

00:0000:00