2011/10/08

Binding precedent is unconstitutional

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It should be understood that binding precedent is not authorized or required by the Constitution, and indeed may be inconsistent with it bei...
2011/09/24

News from the Constitution Society 2011/09/24

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This has been a busy month. No lack of things to report. Here are a few of the salient ones. Nullification I was asked ...
2011/09/22

"Facial" or "as applied"?

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In the Volokh Conspiracy a post argues that a facial challenge to the constitutionality of an action, seeking to strike down the entire sta...
2011/09/11

Is it a "tax" or not a "tax"?

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Rob Natelson wrote an excellent article titled Is it a “tax” or not a “tax”...
2011/09/06

Roland intervenes in Texas redistricting case

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Jon Roland has filed a petition in intervention in Perez v. Perry , the current Texas redistricting case, similar to his intervent...
2011/08/13

Individual mandate goes down in the 11th

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The 11th Circuit Court of Appeals issued a 2–1 ruling August 12 striking down the individual mandate, in a suit brought by 26 state governme...
2011/07/31

A way around the debt ceiling

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The 14th Amendment misinterpretation, that exercise by Congress of the authority to incur debt implies a power to raise taxes or borrow ...
2011/07/21

Has John Marshall been understood?

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Rob Natelson, a former law professor and now a constitutional scholar at the Independent Institute, wrote an article titled " The ...
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2011/07/20

Does the Constitution Still Matter?

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The cover of the July 4, 2011 issue of Time magazine depicts a shredded Constitution superimposed with the question: “ Does it still matter...
1 comment:
2011/07/19

So you want to raise the debt ceiling?

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So you want to raise the debt ceiling? So you want to create more jobs here? (Part 1) So you want to create more jobs here? (Part 2) Play...
2011/06/29

Sixth Circuit upholds individual mandate

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Thomas More Law Center, et al. v. Obama, et al. , No. 10-2388 http://www.ca6.uscourts.gov/opinions.pdf/11a0168p-06.pdf This case is ins...
2011/06/22

Cigarette labeling and the Commerce Clause

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The recent rule laid out by the FDA for the labeling of cigarette packs with scary images of injury caused by smoking on the upper half of e...
1 comment:
2011/06/20

Case interpreting the Petition Clause

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The Supreme Court rendered a decision June 20, 2011, in Borough of Duryea v. Guarnieri This is probably the most significant case i...
1 comment:
2011/06/18

Individual Standing to Enforce the Tenth Amendment

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The unanimous opinion in Bond v. United States handed down by the United States Supreme Court June 16, 2011, may open federal courts to ind...
1 comment:
2011/06/09

Approaches to reading the Constitution

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This is a response to Saul Cornell, " Why the Right-Wing's Approach to Reading the Constitution Is Destroying This Country " ...
2011/05/31

Social Security is not an insurance program

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For those who have deluded themselves into thinking their payments into Social Security have earned them benefits, there is the Supreme ...
2011/05/26

Is TSA "Groping" Bill Junk Legislation?

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I testified against HB 1937 before the Committee for reasons discussed here .  It is a poorly conceived effort to solve this and other probl...
2011/05/24

The gravy train is at the end of the line.

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Social Security is not and never was any kind of insurance program. Your payments into it are not and never were premium payments for a re...
2011/05/22

No government-issued ID to vote

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Kansas SOS Kris Kobach has written this oped for the WSJ . But his reasoning is flawed. Here are my comments: There is a cri...
1 comment:
2011/05/16

Mistakes made regarding "sovereign citizens"

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CBS News had a segment, Who are "sovereign citizens"? My comment follows: Each side in this dispute is making its own mistakes ...
1 comment: