Writings & Commentary


Miami Herald & Politifact 3/15/17
Is being in the United States unlawfully a ‘crime’?

NBC News Digital 3/7/17

Trump Entry Ban on Sounder Legal Footing, Experts Say

Politifact 3/6/17
Trump’s travel ban executive order, take 2

Politifact 2/14/17
Did court find no indication of terrorism from seven nations in Trump order?

NBC Philadelphia
Allegiance and today’s policies

Foreign Policy Research Institute 2/1/17
Executive Order 13769: America at Its Best and Its Worst


US News & World Report

WHYY
The Trump Presidency

La Razon
The Trump Presidency

Philly.com
$60 million Bible center planned for Independence Mall

WKYC News Radio


KCBS

WOCA Talk Radio
Allegiance and today’s policies

WKYC 
Could the electoral college elect Hillary Clinton instead of Trump?

BBC with Jon Sopel 12/16/16
The Supreme Court >

Politifact 12/15/16
Websites offer false headlines about treason ‘charges’ for Trump, Comey, others>

NY Post 11/23/16
Several Electoral College Democrats trying to block Trump>

TIME Magazine 11/21/16
The Debate Over Japanese Internment Is Deeply Flawed

Neither side presents an accurate picture of the detention—
or the Supreme Court’s response > 

NY Post 11/23/16
Several Electoral College Democrats trying to block Trump

Philadelphia Magazine 11/17/16
Constitutional Can-Do and Can’t-Do List >

Philadelphia Magazine 11/16/16
Yes, the electoral college can put Hillary Clinton in the White House >

Factcheck.org 11/15/16
Could Electoral College Elect Clinton? >

San Francisco Chronicle 11/16/16
Drive for California secession gets bump from Trump election >

SiriusXM 11/11/16
What a Trump Presidency Means for the Supreme Court >

Politifact 10/27/16
Newt Gingrich misleading in saying Bill Clinton paid $850,000 ‘penalty’ >

Houston Chronicle

Breakfast Show with David and Will 11/8/16 >

The Nick Ferrari Show 11/7/16 >

TIME 7/25/16
Theodore Roosevelt’s Lessons for Today’s Politics


The gloves are off in the 2016 Presidential race, yet this week the City of Brotherly Love — Philadelphia — will host the Democratic National Convention. On the surface, it seems unfitting. There’s been little love so far in the presidential campaign. Trump blames Clinton for our plight. She blames him for inciting prejudice. If there’s one point of agreement, it’s that America is in crisis. If there’s one common goal, it’s sweeping change. Do we need a savior or do we the people need to save ourselves first? Read more >

Kermit Roosevelt on America’s History of Illegal Detention
and Federal Authority in Wartime
Read Article >

The New York Times 5/18/16
Liberal Supreme Court Justices Have Little Reason to Compromise. Read more >

Penn Live 5/5/16
Here’s what’s wrong with Pat Toomey’s opposition to Merrick Garland
Toomey’s main argument is that the American people should be allowed to participate in the selection of Justice Scalia’s successor. This sounds reasonable, but it is in fact a direct attack on the U.S. Supreme Court. Read more >

Time 2/19/16
Donald Trump Is Wrong About Torture
Many Americans seem to be suffering from compassion fatigue, ready to sacrifice values for safety. Case in point: the increasing support of Donald Trump, whose wildly misguided national-security proposals often single out ethnic groups and conflict with our nation’s ideals. Read more >

The Hill 1/1/16
Remembering our resolution
As we usher in 2016, Americans are looking for change — change in our political landscape, change in the way the country approaches its problems, and change in our own lives. New Year’s is a time for ambitious personal goals, for the idea that we can at a stroke remake something fundamental about ourselves. Suggestions are all around: five steps to a new body, a new America, a new you.

It sounds so simple. Put the right superfoods in your smoothie, the right person in the White House, and better days are ahead. Read more >

The Strand 12/28/15
What I learned writing historical fiction

Why do people write? Why do they tell stories, and why do other people like to read them? There are lots of reasons, but I’ve come to believe that one of the main ones is that stories help us make sense of the world. Life is messy and chaotic; if there’s a point to it all, that point is sometimes very hard to see. We try to impose meaning on our lives by placing experience within a narrative frame. We see our lives as stories—there are heroes (usually us!) and villains (those jerks!), rising and falling action, unexpected twists and reversals of fortune. And if we’re lucky, there’s a big theme that gets developed as the story goes on. Read more > 

The Daily Beast 12/17/15
Japanese American internment’s ugly lessons

Recently, there has been much discussion of the World War II detention of Japanese and Japanese-Americans. Whether it’s how to treat Syrian refugees, disloyal Americans, or Muslims generally, political figures from retired General and Democrat Wesley Clark to Republican front-runner Donald Trump have suggested that we might learn something from—and even emulate—the internment program that drove more than 100,000 innocent people from their homes and confined them in camps.

I studied the World War II program in the course of writing a novel about it. I learned how our great country lost its way, and about the psychological and political dynamics that make similar things happen over and over again. Repeatedly, in the past, we have reacted out of fear and perpetrated injustice. We have come to regret those episodes; we promise they will not happen again. But they always do, and they will continue to happen until we learn the right lessons from our history. I called my novel Allegiance, because the real challenge in such times is to keep faith with our Constitution and our heritage. Here are four points that can help us to stay true. Read more >

Roanoke Times 11/20/15
Paris and the past

The attacks that struck Paris on Friday — like the ones days earlier in Beirut and Baghdad — were horrifying, tragic, and evil. But one thing they were not is unprecedented. Both France and the United States — to say nothing of Lebanon and Iraq — have experienced the terror of shocking attacks before. This gives us the opportunity to learn from the past. Unfortunately, in the emotion of the moment, some people seem to be drawing the wrong lessons from our history. Read more >

Pittsburgh Post-Gazette 10/25/15
Being tough, doing wrong: The shame of mass incarceration 

Why does the United States incarcerate a higher percentage of its citizens than any other country in the world? Why, in the aftermath of the Sept. 11 attacks, did we turn to an interrogation regime modeled on the torture practiced by North Korea and the Soviet Union? Why, during World War II, did we remove over 100,000 birthright citizens from their homes and detain them in camps? There is a common thread to these three policies, but it is not what you might think.  Read more >

The Hill 10/21/2015
A medal for Mitsuye Endo

Who are the heroes of our Constitution? In times like these, it is more important than ever that we remember the mistakes of the past and honor those who fought against them at the time. One president took Mitsuye Endo’s freedom, and that of thousands of other Americans. For another to give her the Medal of Freedom would be an appropriate symbolic recompense for her, and a helpful reminder to us all. Read more >

Washington Times 11/2/15
Americans, without distinction. Birthright citizenship is a core constitutional principle 

Birthright citizenship is under attack. Recently, Republican presidential candidates, including Donald Trump, Ted Cruz and Rand Paul have expressed skepticism about its application to the children of undocumented immigrants. Birthright citizenship has as good a claim as any constitutional principle to be the heart of who we are as a people, and an attack on it is an attack on that American identity. What is going on now is what happens in every time of fear and national insecurity. We try to decide who are the true Americans and who are dangerous imposters. We succeed only in identifying people who are different and harming innocents out of our own fear. Read more >

Slate
JUSTICE CINCINNATUS: DAVID SOUTER—A DYING BREED, THE YANKEE REPUBLICAN

NY Daily News
The Constitution protects us all

The Christian Science Monitor
California’s same-sex marriage case affects all of us. It forces us to consider why we have rights

CNN
Can Texas defy Supreme Court’s same-sex marriage ruling?

The Washington Post
The Voting Rights Act and the Second Redemption 

The Washington Post
Marriage, Loving and the Law

The Sun Sentinel
WHO IS PROTECTED BY OUR CONSTITUTION?

BOOKS BY KERMIT ROOSEVELT
Learn more >

SCHOLARLY WRITINGSPenn Law, Kermit Roosevelt