Constitutional Barr

Attorney General William P. Barr spoke to the Federalist Society.   They have not yet released a transcript.   This speech is not as long as the speech he gave last month at Notre Dame.  It is very much worth your listening time.

Working in an overall theme of “Originalism,” he spoke with a focus on the Executive Branch.   This audio file has dead air for the first fifteen minutes. There is an Introduction, and then A.G. Barr launches into some background material about the Founders and the Constitution. Then he addresses contemporary situations beginning at about 40 minutes. He pivots to the Judicial Branch at 55 minutes. Please listen to the whole thing.   Here are some excerpts:

“In waging a scorched-earth ‘no holds barred’ war of “Resistance” against this Administration, it is the Left that is engaged in the systematic shredding of norms and undermining the rule of law.” …

“With very few exceptions, neither the Constitution, nor the Administrative Procedures Act, or any other relevant statute, calls for judicial review of Executive motives. They apply only to Executive actions. …”

“The idea that the Judiciary acts as a neutral check on the political Branches to protect foreign enemies from our government is insane.”

https://fedsoc.org/conferences/2019national-lawyers-convention?#agenda-item-19th-annual-barbara-k-olson-memorial-lecture

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15 thoughts on “Constitutional Barr”

  1. Blah, blah, blah…what is the purpose of this speech? What difference does it make? FYI: I’m not trying to be rude here (I’m just venting frustration), but I’ve been listening to similar kinds of speeches for years now and nothing actually changes—this is just mental masturbation for so-called conservatives. At this point in the death spiral of America the constitution is an irrelevant, meaningless piece of paper—it has no power to save us. The only thing that I care about is action with observable and verifiable results. Sorry for raining on the parade, but this is my honest reaction to the speech.

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  2. Black Prince, I am sympathetic to your view. However, the investigation is not complete. My hope is Bar is prepping the left for what is to come. If the justice dept’s investigations turn out to be a ( no reasonable prosecutor thing) then Bar is blowing smoke. Until then I will remain hopeful on this front.

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  3. Kevin Schulte:
    Black Prince, I am sympathetic to your view. However, the investigation is not complete. My hope is Bar is prepping the left for what is to come. If the justice dept’s investigations turn out to be a ( no reasonable prosecutor thing) then Bar is blowing smoke. Until then I will remain hopeful on this front.

    I understand, KS, but I’ll only believe it when I see it, not before—I’m done with deceiving myself. And even if Barr is sincere and isn’t blowing smoke and even if he manages to actually do something, I remain very pessimistic as I don’t think that whatever actions he takes will be enough to reverse course. I’m thoroughly convinced now that the system is incapable of righting itself—there is too much corruption and decay—we need to look elsewhere if we are to have any hope at all. Our options are not pretty.

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  4. Black Prince:

    WillowSpring:
    This and his speech on Religious freedom give me a lot of hope…

    Just to be clear, do you think that it is realistically possible to save the country by working within the current system?

    I think Barr might be our last chance to at least attempt to save the country using legitimate Constitutional approaches. If this impeachment effort continues to flop and Trump is reelected we might get another chance to operate within the Constitution. I won’t venture what might come next.

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  5. Black Prince:

    Kevin Schulte:
    Black Prince, I am sympathetic to your view. However, the investigation is not complete. My hope is Bar is prepping the left for what is to come. If the justice dept’s investigations turn out to be a ( no reasonable prosecutor thing) then Bar is blowing smoke. Until then I will remain hopeful on this front.

    I understand, KS, but I’ll only believe it when I see it, not before—I’m done with deceiving myself. And even if Barr is sincere and isn’t blowing smoke and even if he manages to actually do something, I remain very pessimistic as I don’t think that whatever actions he takes will be enough to reverse course. I’m thoroughly convinced now that the system is incapable of righting itself—there is too much corruption and decay—we need to look elsewhere if we are to have any hope at all. Our options are not pretty.

    Y’all are overlooking the dozens of cases that are proceeding under A.G. Barr’s guidance to oppose assaults on the Executive Branch from both Congress and the lower courts.  He is putting up a vigorous defense, and already has quite a lot to show for his efforts.

    Team Trump has been hamstrung by lawfare and the rulings of hostile judges.   A.G. Barr is taking those cases to the Supreme Court, and he is winning.   I look forward to more winning.

    If President Trump wins re-election, I expect to see an avalanche of winning.   That is why all y’all must pull as hard as possible to boost President Trump to re-election, and also boost Republicans, no matter how sorry, to victory in Senate races.

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  6. Bob Thompson:
    I think Barr might be our last chance to at least attempt to save the country using legitimate Constitutional approaches.

    You’re probably right, but the point is academic—even if Barr plays all his cards right and does everything possible within his power as AG, it won’t even come close to doing what is necessary to fix the fundamental issues with the country.

    Bob Thompson:
    If this impeachment effort continues to flop and Trump is reelected we might get another chance to operate within the Constitution.

    Not interested. I’m sorry if I come across as brash, but I don’t believe for a nanosecond that anything is going to be different if Trump wins a second term—I’m not buying the lies anymore. There’s an old saying: “a bird in the hand is worth two in the bush”. By some miracle Trump won the last election and that was precisely the time to take out the wreaking ball and go to town—waiting for a second term (which, for many reasons, is not guaranteed) to finally take off the gloves is completely insane in this toxic environment. I’m sick and tired of all the promises on the right. For what it’s worth, I don’t blame Trump—he has an impossible task.

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  7. MJBubba:

    Black Prince:

    Kevin Schulte:
    Black Prince, I am sympathetic to your view. However, the investigation is not complete. My hope is Bar is prepping the left for what is to come. If the justice dept’s investigations turn out to be a ( no reasonable prosecutor thing) then Bar is blowing smoke. Until then I will remain hopeful on this front.

    I understand, KS, but I’ll only believe it when I see it, not before—I’m done with deceiving myself. And even if Barr is sincere and isn’t blowing smoke and even if he manages to actually do something, I remain very pessimistic as I don’t think that whatever actions he takes will be enough to reverse course. I’m thoroughly convinced now that the system is incapable of righting itself—there is too much corruption and decay—we need to look elsewhere if we are to have any hope at all. Our options are not pretty.

    Y’all are overlooking the dozens of cases that are proceeding under A.G. Barr’s guidance to oppose assaults on the Executive Branch from both Congress and the lower courts.  He is putting up a vigorous defense, and already has quite a lot to show for his efforts.

    Team Trump has been hamstrung by lawfare and the rulings of hostile judges.   A.G. Barr is taking those cases to the Supreme Court, and he is winning.   I look forward to more winning.

    If President Trump wins re-election, I expect to see an avalanche of winning.   That is why all y’all must pull as hard as possible to boost President Trump to re-election, and also boost Republicans, no matter how sorry, to victory in Senate races.

    The constitution and supreme court are only relevant in an environment where people have respect for them—that ship has long since sailed in America.

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  8. Black Prince:

    MJBubba:

    Black Prince:

    Kevin Schulte:
    Black Prince, I am sympathetic to your view. However, the investigation is not complete. My hope is Bar is prepping the left for what is to come. If the justice dept’s investigations turn out to be a ( no reasonable prosecutor thing) then Bar is blowing smoke. Until then I will remain hopeful on this front.

    I understand, KS, but I’ll only believe it when I see it, not before—I’m done with deceiving myself. And even if Barr is sincere and isn’t blowing smoke and even if he manages to actually do something, I remain very pessimistic as I don’t think that whatever actions he takes will be enough to reverse course. I’m thoroughly convinced now that the system is incapable of righting itself—there is too much corruption and decay—we need to look elsewhere if we are to have any hope at all. Our options are not pretty.

    Y’all are overlooking the dozens of cases that are proceeding under A.G. Barr’s guidance to oppose assaults on the Executive Branch from both Congress and the lower courts.  He is putting up a vigorous defense, and already has quite a lot to show for his efforts.

    Team Trump has been hamstrung by lawfare and the rulings of hostile judges.   A.G. Barr is taking those cases to the Supreme Court, and he is winning.   I look forward to more winning.

    If President Trump wins re-election, I expect to see an avalanche of winning.   That is why all y’all must pull as hard as possible to boost President Trump to re-election, and also boost Republicans, no matter how sorry, to victory in Senate races.

    The constitution and supreme court are only relevant in an environment where people have respect for them—that ship has long since sailed in America.

    The people on our side desperately want to respect the Constitution and the Supreme Court.  If you expect our people to fight for western civilization, we have to demonstrate to them that we have exhausted all peaceful means to maintain the ship of state.

    You seem too eager to see America descend into a violent civil war.   I prefer to forestall that day as long as possible.

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  9. MJBubba:
    The people on our side desperately want to respect the Constitution and the Supreme Court.

    That might be true, but unfortunately, there is more than one side.

    MJBubba:
    If you expect our people to fight for western civilization, we have to demonstrate to them that we have exhausted all peaceful means to maintain the ship of state.

    I don’t believe that’s true.

    MJBubba:
    You seem too eager to see America descend into a violent civil war.   I prefer to forestall that day as long as possible

    I actually don’t think that there will be a violent civil war (at least not one started by the right—they don’t have the cojones). If it doesn’t collapse under its own weight, I expect that America will simply drift into irrelevance as some other power (perhaps China) dominates the world.

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  10. Black Prince:
    I actually don’t think that there will be a violent civil war (at least not one started by the right—they don’t have the cojones). If it doesn’t collapse under its own weight, I expect that America will simply drift into irrelevance as some other power (perhaps China) dominates the world.

    There might be a significant generational issue that may reduce any chance of major organized violence.

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  11. Bob Thompson:
    There might be a significant generational issue that may reduce any chance of major organized violence.

    Absolutely…generational and/or demographic…I just don’t see organized violence by the right to “save the republic” in the cards.

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  12. Black Prince:

    Bob Thompson:
    There might be a significant generational issue that may reduce any chance of major organized violence.

    Absolutely…generational and/or demographic…I just don’t see organized violence by the right to “save the republic” in the cards.

    What violence we have seen thus far is from the Left designed to stop messaging by the Right.

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