Can the Federal Government Ban Anything?

Even though it is true that the government currently bans all kinds of things, I am asking a serious question. Let me expand and clarify it. Is the federal government authorized by the Constitution to make illegal the possession of any substance that it deems it to be harmful, hazardous, immoral, addictive, threatening, damaging, injurious,…

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Julian Ku on the Constitution and the Iran Deal

At Opinio Juris, Julian Ku defends the constitutionality of the Iran deal (expanding on his discussion in this podcast from the National Constitution Center [also featuring David Rivkin]). He makes two arguments: First, the terms of the agreement, which describe its obligations as “voluntary”, indicate that it is a nonbinding “political commitment”.  Even the UN Security…

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New Minnesota Law Restricts ALPRs; Helps Block National License Plate Tracking Program

ST. PAUL, Minn. (July 31, 2015) – Tomorrow, a Minnesota law goes into effect that places strict limits on the use of automated license plate readers (ALPRs) by law enforcement in the state. It also places significant roadblocks in the way of a federal program using states to help track the location of millions of everyday people through pictures of their license plates.

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Two Reasons the Iran Deal Is Unconstitutional

In sum, the Iran deal is unconstitutional (a) because the President has not taken sufficient action to assure that it is nonbinding under international law, and (b) even if it is nonbinding under international law, it should be only a commitment of the current President and should not purport to be an undertaking of future Presidents for whom the current President cannot speak.

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