NDAA: The National Defense Authorization Act. As a Tenth Amendment Legal Analyst says, it has “scary potential.” The act was signed into law by President Obama on December 31, 2011. The most troublesome provision in NDAA are Sections 1021 and 1022, which allows for the President to detain any person deemed a threat, without a…Details
It appears likely that congressional Republicans are eventually going to accept a tax increase in exchange forreal spending cuts smaller spending increases in the future. If and when that happens, Speaker Boehner should surround himself with Santa Claus, the Easter Bunny, and the Tooth Fairy at the press conference on the deal.
I could spend days explaining my pessimism, but I’ll just point to two pertinent examples of Congress being unable to control itself. First, we have the so-called Medicare “doc fix,” which was adeptly explained by Reason’sPeter Suderman earlier this week. In 1997, Congress created a formula (“sustainable growth rate”) to constrain physician reimbursements. But shortly after the formula started to do what it was intended to, Congress got cold feet:Details
Ben Swann takes a look at claims by a Florida State Senator and what he thinks of those who believe in nullification
Presently, at least 17 states have chosen not to setup insurance exchanges with respect to the Patient Protection and Affordable Care Law, commonly cited as Obamacare, primarily because they fear that doing so would bankrupt their state and they remain convinced that it is a serious intrusion on their constitutional jurisdiction—even freedom. Some were among the 26 states that suede the Federal Government for exceeding its constitutional authority. They may not know that they have one constitutional check left to exercise if they but have the will.
Those who spend any time with the Constitution know that the federal government is limited to a list of specific areas wherein Congress can legislate (Art. I, Sec. 8) and if a wanted power is not on that list, or not added thereto by way of an amendment to the Constitution, they are prohibited from legislating therein. All other powers not provided in that document are left to the states and to the people as per Amendment 10 of the Bill of Rights. Checks and balances were created in an effort to keep the federal government from creating its own authority and taking over everything. The Founding Fathers saw going off the list and doing something not authorized as tyranny.
Senators were especially charged to protect state sovereignty, the list, and the 10th Amendment, but Progressives in the early 20th Century weakened that protection by ratifying the 17th Amendment, which favored a popular vote for this office rather than, as it was before, having Senators selected by state legislatures who were purposely far more state sovereignty centered. State power was thereafter left unprotected and measures clearly of state jurisdiction and unlisted, such as healthcare, got through the badly damaged shield and became law.Details