Rand Paul on Lochner, Buchanan v. Warley, and Oliver Wendell Holmes

Embedding the video isn’t working, so here’s a link to the relevant remarks (courtesy of Breitbart.com).

I haven’t had a chance to blog about this, but Sen. Paul and everyone else who complain that defining “due process” for a drone strike as review within the executive branch is completely contrary to what due process has meant throughout American history are correct, and it’s astounding (or maybe all too predictable) that so many critics of Bush Administration policies have been silent about this. UPDATE: Here’s the key point, courtesy of co-blogger Nick Rosenkranz: “As a matter of grammar and structure, the Due Process Clause … is, at least at its core, a conditional check on executive power …. The central function of the clause is to create a check on such deprivations …. Here the check is generally judicial. Due process generally cannot be purely intra-executive …. All executive power is vested in a single person, and so an intra-executive check on executive power is not really any check at all.”