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The Barnes Brief: Friday, August 17, 2026
April 17, 2026
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Art of the Week

I. INTRODUCTION

*Tickets now for sale. Limited availability. https://www.1776lawcenter.com/

A. Art of the Week

  • The earth, shaded by the moon, from the photos by Artemis, by Musk’s SpaceX to explore the universe. Shades within shades, as the earth looks like a quarter-Moon from earth, but just in reverse. All is often just a matter of perspective. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “But the wisdom that is from above is indeed first pure, then peaceable, gentle, willing to yield, full of mercy and good fruits, without partiality and without hypocrisy.” James 3:17. 

D. Appearances

  • LIVE w/ Ed Dowd.
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  • LIVE w/ Baris & Massie.
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  • LIVE w/ Larry Johnson

II. THE EVIDENCE

*NOTE: 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

  1. Iran deal possibility. https://substack.com/home/post/p-194261430
  2. Studying the Blob. https://www.blobstudies.com
  3. Israel support collapses amongst non-Boomer evangelicals. https://www.jpost.com/christianworld/article-786545
  4. Oil economy understood.
  5. Ukraine-Russian war.

 *Bonus: Artemis imagery. https://www.nasa.gov/artemis-ii-multimedia/

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

  1. Comedic relief. https://vivabarneslaw.locals.com/post/7862387/title
  2. Appetizing images. https://vivabarneslaw.locals.com/post/7862324/title
  3. Economic realities. https://vivabarneslaw.locals.com/post/7862450/figured-i-d-share-a-very-local-economy-anecdote-from-my-area-i-m-a-homebuilder-in-the-ny-area
  4. Law school lessons. https://vivabarneslaw.locals.com/post/7862399/i-am-sick-again-so-i-havent-been-hugely-functional-but-yesterday-in-a-criminal-law-class-we-ran-th
  5. Oil breakdown. https://vivabarneslaw.locals.com/post/7862095/title

*Bonus: Meme magic. https://vivabarneslaw.locals.com/post/7861462/title

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: removal. https://www.supremecourt.gov/opinions/25pdf/24-813_3e04.pdf
  2. FISA fails. https://www.politico.com/news/2026/04/17/spy-powers-expiration-closes-in-as-house-procedural-vote-fails-00878317
  3. Surveillance state controls. https://conservativeladiesofamerica.substack.com/p/the-parents-decide-act-doesnt-let
  4. Trump admin sued w/ rare Quo Warranto petition. https://www.bloomberglaw.com/public/desktop/document/BROWNvDeLeeuwDocketNo126cv01249DDCApr142026CourtDocket?doc_id=X5I57TSSSN08PDAPHKTHG7DTO30
  5. Eastman disbarred. https://www.calbar.ca.gov/news/attorney-john-eastman-disbarred-california-supreme-court
  6. Livenation verdict. https://www.yahoo.com/news/articles/live-nation-verdict-faceplant-trump-132338276.html
  7. Ukrainegate. https://www.dni.gov/index.php/newsroom/press-releases/press-releases-2026/4154-pr-06-26
  8. Popular vote compact. https://digitalcommons.law.byu.edu/lawreview/vol2012/iss5/3/
  9. Boasberg shut down.  https://media.cadc.uscourts.gov/opinions/docs/2026/04/25-5452.pdf
  10. Savannah Hernandez. https://www.newsnationnow.com/crime/3-arrested-turning-point-usa-reporter-video-assault/
  11. ICE officer arrest. https://www.nbcnews.com/news/us-news/ice-agent-charged-assault-minnesota-metro-surge-immigration-rcna332210
  12. 1A & licensure. https://www.courthousenews.com/wp-content/uploads/2026/04/25-2991-shamrock-hills-v-Iowa-appelant-brief.pdf

*Bonus: Media censorship limited. https://www.ftc.gov/news-events/news/press-releases/2026/04/ftc-takes-action-restore-competition-digital-advertising-ecosystem

**Bonus Cop case in Chicago. https://abc7chicago.com/post/ex-new-york-city-police-sgt-erik-duran-sentenced-throwing-cooler-fleeing-suspect-eric-duprey-killing/18861401/

***Bonus Gallego scandal. https://ktar.com/arizona-news/ruben-gallego-misconduct-allegations/5848619/

D. Deep Dive: Iran War Prospects

  1. The strategic surprise. https://global21.substack.com/p/america-has-never-faced-an-adversary
  2. Iran as new power. https://www.nytimes.com/2026/04/06/opinion/iran-war-strait-hormuz.html
  3. A grand bargain. https://responsiblestatecraft.org/iran-us-ceasefire-deal/
  4. The Israel aspect. https://responsiblestatecraft.org/israel-ceasefire/#:~:text=In%20order%20to%20do%20that,to%20further%20Israeli%20regional%20ambition.
  5. The Emirati angle. https://libertarianinstitute.org/articles/the-united-arab-emirates-america-and-israels-frankenstein-monster/

*Bonus: The lego AI war. https://rumble.com/user/ExplosiveMediaa?e9s=src_v1_cbl

III. CLOSING ARGUMENT: The Power to Tax

  • The Preamble provides the purpose of the federal government to “insure domestic tranquility”, “provide for the common defense”, “promote the general welfare” and “secure the blessings of liberty to ourselves and our posterity.” These balanced interests find manifestation in the enumerated powers articulated within the rest of the Constitution. 
  • Article I, Section 7 provides for “bills for raising revenue” including the enumerated power “to lay and collect taxes, duties, imposes and excises.” Article I, Section 8 imposes two restraints on the power to tax beyond the purposive restraint “to raise revenue.” All “duties, imposts and excises” must be “uniform throughout the United States.” Article I Section 9 prohibits any tax or duty on exports from any state and no capitation or direct tax can be imposed “unless in proportion to the census.” 
  • The Ninth Amendment further limits those enumerated rights to tax to a taxing power that does not “deny or disparate others retained by the people.” 
  • The Sixteenth Amendment expands Congress power to tax “without apportionment” and “without regard to any census” if imposed “on incomes” regardless of the source of those incomes. Effectively, it removed a federal tax on “incomes” from the apportionment requirement of direct taxes even if those incomes derived from sources that would otherwise require apportionment under Article I. 
  • This leaves open the big question: what is “incomes” under the Sixteenth Amendment? Congress abdicates the issue by using a self-referential and circular definition of income, which under English common law tradition, would negate any income tax since no tax be imposed without unambiguous specificity as to what is being taxed. 
  • The twin decisions that govern this are a dissent and a majority authored by the same Justice a near quarter-century apart — the dissent by Justice White in Pollock and his majority opinion in Brushaber. White considered incomes limited to its original understanding by the voters when ratifying the Sixteenth Amendment, and thus focused not on incomes, but the source rule. He felt a tax on anything other than land and people (capitation) did not require apportionment for its Constitutional imposition. The closest we get is “gain severed from the source” when that source is property or the person. 
  • Hence, a critical term to freedom from imposition by the state remains ambiguous and unanswered — what exactly is “incomes” within the meaning of the Constitution? 
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The Weekend Barnes Brief: Friday, May 8, 2026
 
I. THE INTRODUCTION
 
A. Art of the Week
  • Venezia. The Atlantis-like ancient city with its bridges over canals, long boats mastered by the gondolier, the city whose balls made masquarade masks famous, where artisans of show-making spend a whole day to make a single show of artistic wonderment, a hidden restaurant in a corner alley uncovers the best Italian cuisine, and the city whispers of its centuries of stories from its cathedrals and water-hugging mansions of Casanova’s fame. 
 
B. Wisdom of the Week
  • You’re never out of the race. 
 
C. Cultural Recommendation of the Week
 
D. Appearances
 
 
 
II. THE EVIDENCE
 
A. Barnes Library: Weekly Curated Articles
 
 
B. Homework: Sunday Show Cases
  1. Malpractice. https://www.foxnews.com/us/iowa-woman-died-hernia-repair-nurses-dismissed-painful-post-surgery-symptoms-lawsuit
  2. Gates fake meat goes to court. https://texasagriculture.gov/News-Events/Article/10760/Opinion-Fake-Meat-Real-Trouble-Texas-Won-t-Bow-to-Billionaires-or-Bureaucrats
  3. DOJ sues Commierado for 2A.https://www.justice.gov/crt/media/1439591/dl
  4. DOJ promises action against Big Ag. https://www.fooddive.com/news/beef-prices-trump-antitrust-doj-investigation/819331/
  5. Democrat raided. https://courthousenews.com/fbi-raids-democratic-virginia-state-senators-office/
  6. Insider trading indictment. https://www.justice.gov/d9/2026-05/usa_v._fejal_et_al_-_indictment.pdf
  7. Insider trading investigation https://seekingalpha.com/news/4588393-doj-probes-26b-in-war-linked-oil-trades---report
  8. Pay for play investigations https://www.cbsnews.com/news/trump-pardon-recipients-democrats-congressional-investigation-pay-to-play/
  9. EU: must allow welfare for migrants. https://www.courthousenews.com/wp-content/uploads/2026/05/kh-inps-cjeu-judgment.pdf
  10. DEI may lose, even in Twin Cities. https://courthousenews.com/minneapolis-public-schools-struggles-in-trump-suit-over-dei-policy/
  11. China spies on trial. https://courthousenews.com/feds-describe-global-network-of-chinese-police-stations-at-nyc-spy-trial-opening/
  12. Tiger’s DUI: Implied Consent Constitutionality Questions. https://scholarlycommons.law.emory.edu/cgi/viewcontent.cgi?article=1401&context=elj
 
C. Deep Dive: The Economy
  1. Stock Market & Commodities: 
  2. AI Bubble & Capital Shift
  3. Housing
  4. Gold’s future. https://substack.com/inbox/post/196409142
  5. Inflation expectations. https://www.zerohedge.com/economics/inflation-expectations-jump-3-year-high-financial-pessimism-surges-ny-fed-survey
 
D.  Best of the Board
 
III. THE CLOSING ARGUMENT: Constitution Masterclass -- The 30,000 Cap
 
  • Article I, Section 2, Clause 3 provides: “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at least one Representative.”  Interpretations clash: was this intended to impose a cap on the number of people a member of the House could represent, or the number of Representatives that could ever be in the House? Equally, who can enforce the rights of Section 2 as applied to Representatives?
  • Congress capped the number of representatives by the Permanent Apportionment Act of June 18, 1929, and has not changed it since. A 1941 federal law provided the means to assign seats after the Census. States contested this when it lost a seat after the 1990 census due to this cap.  The Supreme Court acknowledged this was not a question submitted exclusively to the Legislative branch as a “political question” beyond its jurisdiction to resolve. Thus, the question turns to the import and intent of the 30,000 rule — is it a cap on the number of representatives or is it a ceiling on the number of people represented?
  • The phraseology can be read either way — that the restaint is on the “number of” Representatives in a ratio to the population rather than the population size represented by the District; or that the ratio intends a cap on the number of people represented by each representative. Linguistically, the former argument holds more sway; historically and philosophically, the latter argument proffers more persuasive evidence.
  • If we see it as sufficiently ambigious to turn to the Constitutional record, we find that the ratio of the house to the population was intended to be close to the people at a size no more than 30,000 people, reflected in the papers of the Founding Fathers themselves.
  • Indeed, the controversy over this language almost sunk the Constitution itself, despite the supporters arguing in Federalist Papers throughout that this was a minimum of people to be represented not merely a cap on the number of representatives in the House. So much so, that the very first amendment ever proposed was to clarify this point: that the minimum number of representatives must be proportional to the population in a strict ratio. Due to an editing error as passed by Congress, the amendment never passed, though mostly it faded as the Founding generation protected the intended ratio in fact.
  • The best plaintiff to seek such a relief would likely be a state without representation due to the absence of this maximum number of people per representative, given the prior case-law on the subject, or, of course, Congress itself could remedy the problem all by itself. 
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The Briefer Barnes Brief: Thursday, May 7, 2026
  • Art of the Day
Something majestic of a colorful Oriole in flight, the feeling of freedom in the outstretched wings to soar in the sky, beyond gravity and above the landed earth, ready to roam and reign while seeking a safe and strong landing place for a bit of a rest. 
 
  • Board Post of Note
 
 
  • Economics
Burry of Big Short fame: Yen trade unwinding impacts. https://substack.com/@michaeljburry/note/c-205215463
 
  • Politics
Tucker & Massie.
 
  • Law
 
  • World
Peruvian elections feature left-right battle. https://boz.substack.com/p/peru-presidential-election-polls
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The Briefer Barnes Brief: Wednesday, May 6, 2026

I. INTRODUCTION

  • A.  Art of the Day: Best way to start a day: early morning coffee. Maybe on a back porch. Maybe at a kitchen table. Maybe in a friendly diner. Maybe at a corner caffe. Maybe in a local coffee house. A tradition commenced in the hills of Yemen, it traversed the Islamic world until it reached Europe, where it turn the holy inspirational drink in the Turkish caves to the everyday place of chatter in the newborn cafes of Europe in the 17th century. Be that as it may, for many still, it signals the start of the day in a good way. 
  • B.  Board Post of the Day: https://vivabarneslaw.locals.com/post/7905561/title
II. THE EVIDENCE 

A.  Barnes Library

  1. Economy: Snider on gas prices.
  2. Culture: World Cup interest dims. https://www.forbes.com/sites/suzannerowankelleher/2026/05/05/hotels-world-cup-non-event-so-far/
  3. Politics: Massie mini-documentary.
  4. Law: Abortion pill at SCOTUS. https://www.scotusblog.com/2026/05/abortion-pill-dispute-returns-to-supreme-court/
  5. Geopolitics: Larry Johnson on Trump’s mixed signals. https://sonar21.com/ball-of-confusion-trumps-mixed-signals-on-iran/
*Bonus: Animated Fed history told by some friends of mine years ago that they gave away for free. 
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