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The Barnes Brief: Friday, August 16, 2024
August 16, 2024
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Art of the Day

Schedule: Past & Prospective

Closing Argument: Economic Tea Leaves

Book Recommendation: The Saga of Uncle Earl https://www.goodreads.com/book/show/1150991.Earl_K_Long

Art of the Day: Fascinated with art and photography capturing water, bridges, windows, and doors, as expressing the possibility of life, the paths yet to pursue, the mysteries to be uncovered and the truths to be discovered, Monet’s water lilies and Japanese bridges always drew me in. A favorite museum of mine – like Frida’s house in Mexico City and Rodin’s in Paris – Monet’s in the French countryside attracted to visit the nearby lily pond he made famous and stand on that same bridge he spent so much time making immemorial. A place to get lost in thought as the archives of nature invite us into that window into our own soul, explore the water of the spirit, walk through that door into our inner world, bridging the nature around us to the soul inside, and it’s shared architect.

Wisdom of the Day: "The time is always right to do what is right." Earl Long. 

Introduction: Top 10 Headlines of the Week

  1. Trump team
  2. Housing woes
  3. Horrid current economy conditions
  4. Harris new plan
  5. Disney abuse
  6. Ukraine invades
  7. Perry death arrests
  8. Massive hack
  9. Biden crime admissions
  10. DNC tries to stop RFK on ballot

The Evidence: Top Ten Articles from The Barnes Library

  1. The promise of JD
  2. CRE troubles
  3. War on small business
  4. Price control debate
  5. Price control advocates
  6. Price control skepticism
  7. Price control criticism
  8. Price control doubts
  9. Price control queues
  10. Price control efficacy & equity

*Bonus: Aesthetic revolution

Homework: Cases TBD on Sunday

  1. Voter registration lawsuit https://mcusercontent.com/08cb3e52aa1308600f84d49ea/files/8827e8ea-0eb8-123c-23b9-5d39b2e8c0e4/1_2024_08_13_Complaint.pdf
  2. UAW charges Trump for Musk interview https://www.reuters.com/world/us/uaw-files-labor-charges-against-trump-musk-2024-08-13/
  3. EU threatens Musk https://x.com/lindayaX/status/1823052643733823640
  4. Pepsi class action https://www.courthousenews.com/wp-content/uploads/2024/08/ian-mccausland-v-pepsico-ruling-mtd.pdf
  5. Fourth Amendment victory https://www.ca5.uscourts.gov/opinions/pub/23/23-60321-CR0.pdf
  6. Scott Peterson innocence claim https://www.courthousenews.com/scott-peterson-makes-bid-to-clear-his-name-by-dna-testing-evidence-from-pregnant-wifes-murder/
  7. AI fake nudes https://www.courthousenews.com/wp-content/uploads/2024/08/nudify-websites-lawsuit.pdf
  8. Big Tech battle https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/16/23-2969.pdf
  9. Facebook censorship https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/09/21-16210.pdf
  10. Bank seizure https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111094414.pdf
  11. Legality of price controls https://scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2373&context=dlj
  12. Tik Tok ban https://sf16-va.tiktokcdn.com/obj/eden-va2/hkluhazhjeh7jr/2024.06.20%20-%20TT%20v.%20Garland%20-%20%5B2060743%5D%20Brief%20of%20Petitioners%20TikTok%20Inc%20and%20ByteDance%20Ltd.pdf

*Bonus: Arbitration abuse, ex. Disney

Closing Argument: Economic Tea Leaves

  • The Boston Tea Party manifested a political revolution rooted in an economic revolt. The economic tea leaves ever since signaled political change. 2024 tells a very interesting tale in the tea leaves of the economy.
  • Since its inception in the 1950’s, the University of Michigan’s consumer sentiment studies only dipped below 70 for extended time periods in the run-up to the 1980, 1992 and 2008 Presidential elections. In all three cases, the incumbent party lost the electoral college by 100+ vote landslides.
  • The current confidence index continues to trail in the sub-70s in the run-up to 2024. Amongst the working class, the current sub-60s confidence index only matches 2008 and 1980, two elections that didn’t end up competitive at any level come election day. The working-class negativity over the current economic conditions in the past year set a record low since the inception of the survey. Gallup’s aggregate economic confidence index follows the same path, with the lowest levels recorded since the Global Financial Crisis of 2008 and the recession of 1992.
  • A related concern focuses on the physical manifestation of the American dream: the family homestead. American’s confidence in their ability to buy a home currently sits at the lowest level ever in the history of the survey. Of note, similar data mirrors in American’s confidence to buy a car or significant household items.
  • This translates into other tangible ways beyond skipping vacations, meals out, a family night at the movies, that special gift on that special occasion, or a personal item of special interest – skipping meals and skipping medical appointments. A majority of working-class Americans report skipping on meals and medicine, as well as utilities like hot water, heat or air conditioning, in the last six months due to the inability of their income to keep with the cost of living in essential goods and services.
  • This is often compounded by a diminishing sense of security in their ability to retire, savings for emergencies, and rising debt levels, often borrowing from friends and family, loan sharks and payday lenders, high interest credit cards or high interest vehicle or furnishing providers. For younger Americans outside the affluent classes, this took on a double whammy as eviction delays ended, student loans came due, and stimulation checks disappeared.
  • This economic perception reflects their economic reality: food prices spiked 25% since Biden’s election, housing prices doubled in many markets, gas prices jumped 50%, and utility costs fled up, while access to credit shrunk, small businesses struggled and real wages and incomes fell. It’s a recipe no incumbent party has ever survived. Those that ignore it usually get their tea tossed. 
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Questions for Bourbon with Barnes: Tuesday, March 10, 2026

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The Barnes Brief: Weekend of March 6, 2026

I. INTRODUCTION

A. Art of the Week

  • Roulette wheel, around, around she goes, and where she ends, nobody knows. A line from a film favorite, The Good Thief. Einstein said it could only be beat in infinity, but as the character says in the film — Einstein didn’t believe in luck. The only game of chance I ever care to play, following the wisdom of my former client and old friend, Wesley Snipes: always bet on black. Let luck be a lady, and not abandon us yet. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “If wars can be started by lies, then peace can be started by truth.” Julian Assange. 

D. Appearances

II. THE EVIDENCE 

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles of Interest

  1. Trump kills MAGA. https://www.theamericanconservative.com/the-iran-war-has-ended-the-trump-coalition/
  2. Corny Cornyn. https://thefederalist.com/2026/03/05/10-times-john-cornyn-betrayed-trump-and-maga/
  3. Divorce Israel. https://prospect.org/2026/03/05/israel-america-alliance-iran-war-trump-rubio-netanyahu/
  4. Bye-bye One-Eyed McCain. https://unherd.com/newsroom/dan-crenshaw-lost-maga-voters-a-long-time-ago/?edition=us
  5. Delusions in Arabia. https://unherd.com/watch-listen/iran-strikes-expose-israels-permanent-war-doctrine/?edition=us

 *Bonus: Super Honey. https://www.goodnewsnetwork.org/scientists-make-a-super-honey-using-cocoa-bean-waste-for-chocolatey-heart-healthy-jolt/

B. Best of the Board: Five Fantastic Posts of the Week

  1. Wisdom. https://vivabarneslaw.locals.com/post/7745503/here-s-the-simple-calculus-1-if-you-can-t-question-it-it-s-a-psyop-2-if-they-call-you
  2. Art every day. https://vivabarneslaw.locals.com/post/7745081/title
  3. Proverb. https://vivabarneslaw.locals.com/post/7745312/my-conclusion-is-revolution-from-above-only-benefits-those-above
  4. Prayers. https://vivabarneslaw.locals.com/post/7744953/daily-morning-prayer-o-heavenly-father-forgive-us-of-our-sins-and-trespasses-give-president-trump
  5. Said it as well as anyone could. https://vivabarneslaw.locals.com/post/7744989/robertbarnes-epic-fury-nah-more-like-epic-frustration

*Bonus: Chase Hughes truth. https://vivabarneslaw.locals.com/post/7742399/great-quote-by-chase-hughes

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: Asylum review. https://www.supremecourt.gov/opinions/25pdf/24-777_9ol1.pdf
  2. SCOTUS: State immunity. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  3. SCOTUS: Trans disclosures. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  4. Massie’s Iran War Resolution. https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/38/text
  5. Trump tariffs challenged. https://www.courthousenews.com/wp-content/uploads/2026/03/dem-attorneys-general-sue-trump-tariffs-complaint.pdf
  6. Noem out. https://x.com/lukerosiak/status/2029613423592452409?s=20
  7. 9th Circuit affirms Trump on refugees. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/25-1939.pdf
  8. 9th Circuit affirms judicial limits on immigration review. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/24-4137.pdf
  9. Meta’s not so private glasses. https://www.courthousenews.com/wp-content/uploads/2026/03/bartone-vs-meta-complaint.pdf
  10. Tik Tok sale contested. https://www.courthousenews.com/wp-content/uploads/2026/03/public-integrity-project-tiktok-us-assets-sale-lawsuit-dc-circuit.pdf
  11. Win Against DEI. https://www.campusreform.org/article/judge-blocks-california-dei-speech-mandate/29494
  12. Zoning & county authority. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2022-01562-SC-R11-CV.pdf.

*Bonus: Psychic fortune telling turns sour. https://www.insidehighered.com/news/quick-takes/2026/03/04/professor-accused-murder-tiktoker-awarded-10m

**Bonus: Uber loses. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/04/25-228.pdf

***Bonus: Not so honest sleep gummies. https://www.courthousenews.com/wp-content/uploads/2026/03/perkins-procter-ruling-030526.pdf

III. CLOSING ARGUMENT: The SAVE Act Is Constitutional

  • Article I, Section 3 of the Constitution provides for Congress to regulate Congressional elections, providing that the times, places and manner for holding state rules governing such elections to federal legislative office  “may at any time by law” be altered by Congress. 
  • Article IV, Section 2 provides that citizens of each state must be entitled all the privileges and immunities of citizens in the several states, while Article IV, Section 4 requires the federal government to”guarantee to every state” a “republican form of government.” 
  • Amendment XIV recognizes “the right to vote” for “citizens of the United States,” with Section 5 giving Congress the power to enforce.  
  • Amendment XV recognizes the “right of citizens of the United States to vote”, again affording Congress the power to enforce. 
  • Amendment XIX recognize again “the right of citizens of the United States to vote” and provides Congress the power to enforce.  
  • Amendment XXIV again reinforces “the right of citizens of the United States to vote” with Congress afforded power to enforce. 
  • Amendment XXVI again reinforces “the right of the citizens of the United States to vote” with Congress empowered to enforce. 
  • The Safeguard American Voter Eligibility Act, the so-called SAVE Act, enforces these Constitutional protections and legislative powers. 
  • First, the SAVE Act does not purport to govern anything other than federal elections. 
  • Second, the SAVE Act focuses on limiting voting to “the citizens of the United States” with documentary proof required.
  • As such, the SAVE Act simply enforces the Constitutional protections for citizens the right to vote by assuring their vote isn’t diluted by non-citizens. 
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The Barnes Brief: Friday, February 27, 2026

I. INTRODUCTION

 

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The Barnes Brief: Weekend of February 20, 2026

I. INTRODUCTION

A.  Art of the Week

  • When Picasso painted me before I was born, his portrait of famous patron saint of the arts, Ambroise Vollard. The painting struck my brother when he first saw it in person, as a biographical portrait of yours truly. The intensive, internal self-reflection expresses a true self-recognition. My favorite portrait to this day, even if only of me across the psychic plains of time and space.  

B.  Recommendation of the Week

C. Wisdom of the Week

  • “I am a tariff man, with a tariff plan, standing on a tariff platform.” President William McKinley. 

D.  Appearances

II. THE EVIDENCE

  • A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles of Interest

  1. 1776 Law Center Survey: War Vote Mirrors Midterms https://www.bigdatapoll.com/blog/democrats-expand-generic-ballot-lead-in-february/
  2. Iran War risk. https://www.theamericanconservative.com/war-on-iran-is-the-opposite-of-realism/
  3. Welfare state fraud. https://www.liberalpatriot.com/p/the-democrats-fraud-problem
  4. Utility battles. https://prospect.org/2026/02/19/blackstone-private-equity-utility-acquisition-new-mexico-public-service-txnm-energy/
  5. Remembering Jessie Jackson. https://www.theamericanconservative.com/jesse-jackson-complicated-man/

*Bonus: Bald eagle rescued. https://abc7ny.com/post/nypd-officers-describe-rare-rescue-trapped-american-bald-eagle-icy-hudson-river-nyc/18616678/

B. Best of the Board: Five Fantastic Posts of the Week

  1. Bill Brown’s comedic relief. https://vivabarneslaw.locals.com/post/7704528/title
  2. Jonathan’s prayer. https://vivabarneslaw.locals.com/post/7704685/morning-daily-prayer-heavenly-father-i-thank-you-for-blessings-everyday-i-thank-you-for-my-beloved
  3. Meme magic. https://vivabarneslaw.locals.com/post/7704745/title
  4. Bountiful art. https://vivabarneslaw.locals.com/post/7704798/title
  5. Board thoughts on Iran war. https://vivabarneslaw.locals.com/post/7700010/board-poll-war-in-iran

*Bonus: Bondi mockery. https://vivabarneslaw.locals.com/post/7703469/spotted-all-over-washington-dc-while-i-normally-don-t-share-the-political-views-of-people-in-dc

**Bonus: Weekly Wisdom. https://vivabarneslaw.locals.com/post/7704649/the-intersection-of-politics-youtube-commentary-and-critical-traffic-infrastructure-https-you

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: Tariffs. https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf
  2. Facebook trial. https://courthousenews.com/safety-was-someone-elses-problem-ex-facebook-vp-says-in-teen-social-media-trial/
  3. Jury bias in Musk case. https://courthousenews.com/contempt-for-musk-clouds-jury-selection-in-twitter-takeover-trial/
  4. Amazon death. https://www.courthousenews.com/wp-content/uploads/2026/02/amazon-nitrite-washington-supreme-court-2.pdf
  5. Virginia redistricting stalls. https://www.courthousenews.com/wp-content/uploads/2026/02/tazewell-injunction.pdf
  6. British ex-royal arrested. https://courthousenews.com/ex-prince-andrew-arrested-on-suspicion-of-sharing-sensitive-documents-with-epstein/
  7. Firetruck monopoly. https://www.courthousenews.com/wp-content/uploads/2026/02/mke-v-fire-truck-manufacturers.pdf
  8. ICE churches. https://www.courthousenews.com/wp-content/uploads/2026/02/synod-v-dhs-ice-injunction.pdf
  9. Tina Peters denied bond. https://www.courthousenews.com/wp-content/uploads/2026/02/people-tina-peters-order-bond.pdf
  10. Slushie fraud. https://www.courthousenews.com/wp-content/uploads/2026/02/slush-puppie-forged-email-with-icee.pdf
  11. The HP merger case. https://business.cch.com/ald/USvHewlettPackardEnterpriseCo122025.pdf
  12. Tunney Act Trump DOJ risks. https://prospect.org/2025/07/29/2025-07-29-law-could-blow-open-trump-antitrust-corruption/

*Lobbyist disclosure laws. https://www.law.cornell.edu/uscode/text/2/chapter-26

**Lobbying disclosure guidelines. https://www.senate.gov/legislative/resources/pdf/S1guidance.pdf

***Transanity in Canada. https://vivabarneslaw.locals.com/post/7704549/tribunal-ruling-out-of-british-columbia-canada

III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Tariffs

  • Article I, section 7 enumerates the power “for raising revenue” to the legislative branch of Congress, commencing with the House and continuing onto the senate. 
  • Article I, section 8, clause 1 enumerates the power “to lay and collect taxes, duties, imposts and excises” to the legislative branch in Congress. 
  • Article I, section 8, clause 3 enumerates the power “to regulate commerce with foreign nations” to the legislative branch in Congress. 
  • Article I, section  8, clause 5 enumerates the power to “fix the standard of weights and measures” to the legislative branch in Congress. 
  • Article I, section 8, clause 10 enumerates the power to “define and punish” those “offenses against the law of nations” to the legislative branch in Congress. 
  • Article I, section 8, clause 11, enumerates the power to “declare war” as well as “grant letters of marque and reprisal” and “make rules concerning captures on land and water,” to the legislative branch in Congress. 
  • Article I, section 8, clause 18 enumerates the power to “make all laws” that “shall be necessary and proper” for effectuating those other enumerated powers itemized above in the tariff context. 
  • Article I, section 10, clause 2 prohibits states from imposing any imposts or duties on imports or exports except as necessary for inspections. 
  • In aggregate and in particular, the Constitution enumerates to the legislative branch the power to tariff. Hence, any claim of Presidential power to tariff must derive from delegated authorizations issued by Congress. This runs into the NonDelegation doctrine. 
  • Article I, Section I enumerates “all legislative powers” must be exclusively “vested in a Congress” not the executive or judicial branch of government. Thus, the act of a tariff imposition by the President must be both exclusively authorized by Congress and not be a “legislative act” within the meaning of Article I, Section 1. That construction depends largely on the Supreme Court’s construal of it over time, which is beyond the plain text of the Constitution.  
  • Short answer: had Trump stayed strictly within the tariff authorization delegations of Congress, and without looking like “making law” in the process, then his tariffs could win judicial assent. Trump’s failure to follow those guidelines — as advised to do by Commerce Secretary and Epstein Class graduate Howard Lutnick, whose sons profit billions from the court striking down the tariffs — buried his chance at tariff approval by the Supreme Court, unfortunately. 
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