Author Archive

Is it time states use a constitutional check to stop Obamacare?

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 [...]


Drone Warfare and we Wonder Why they Hate us.

On October 6, an unmanned drone flew deep into Israeli territory before it was shot down. The drone, now thought to have been sent by Lebanon, who acquired it from Iran, raises awareness of the sanctity of a nation’s airspace. As the violation of airspace has traditionally been seen as an act of war, Israel [...]


The Treaty to Disarm all Americans Defeated. For Now

I used to believe that if you read and viewed news sources widely enough, which I do, you would have all the information to be properly informed. I depended upon this assumption. I defended and trusted this assumption. I teach Current Events every semester and find so much under-reported. Most of the “real news” is [...]


Communists and Founding Fathers Opposite on Democracy

Given our constant drift from a Republic to a Democracy, it might be well to review what historical philosophies most favored the latter form of government. The Founding Fathers and the Communists were total opposites on the word Democracy, one distained; the other loved. Guess which one hated and which one loved? First, those who [...]


End Run Around the Constitution Will Change How We Elect our President

Opponents of the Electoral College seek to alter a process that has worked for well over two hundred years. Unable to get two-thirds of the states to consider altering this part of the Constitution as required, some seek an end run around it instead. They say that the Electoral College is not democratic enough. They [...]


Obama gives Himself Control of all Communication Systems in the U.S.

President Barack Obama will assume control of U.S. communications should he feel that national security and/or emergency preparedness issues are present as per his executive order of July 6, 2012. There was no consultation with Congress whose constitutional right is to make all law (Art. I, Sec. I). Although not defined, control of all communication [...]


America is not a “Democracy.” Thoughts on the Electoral College

A recent ABC News-Washington Post poll disclosed that President Barack Obama leads challenger Mitt Romney by three percentage points in the race for president of the United States—well within the margin of error. If this race remains this close in November chances are the Electoral College, will once again, make the choice as it has [...]


How do you Know Something is True? Use Constants.

While on vacation in a neighboring state helping my son-in-law build a second bathroom for his soon to be family of six, I noticed more fully what I have always known; if your base is wrong so is everything else. Nothing was square, plumb or level. Things fit, and almost fall into place as if [...]


If Something is Wrong with a Law the Supreme Court will Stop it? Wrong!!

How many times have I heard that if something is wrong with a law of Congress the Supreme Court will stop it and that the Court is totally independent of Congress? Both views are decidedly incorrect. Supreme Court members may, in fact, agree that something is unconstitutional but they, by themselves, or as a body, [...]


What to do when the Supreme Court Fails?

What if the Supreme Court became an arbitrator trying to please both sides rather than “letting the cards fall where they may,” ruling alone on constitutionality as designed? In the end neither side is really happy and the Court’s function is blurred or discredited. What if preserving its own image became more important to justices [...]


Should we be frightened?

What follows are six major changes to traditional constitutional procedure that have happened the past six months, none of which through the change process required in Article V of the Constitution, but each will adversely affect the distribution of power in this country and how we define liberty in the future. This time period could [...]


Judicial Legislation or Activism at Its Worst

With respect to the Supreme Court’s ruling on National Health Care, Justice Anthony M. Kennedy said that the court majority “regards its statutory interpretation as modest. It is not.” Then, noticeably disturbed by the ruling, added. “It amounts to a vast judicial overreaching. It creates a debilitated, inoperable version of health care regulation that Congress [...]


Can States Opt out of Unconstitutional Federal Laws?

The U.S. Constitution requires that states remain a republic and gives the federal government authorization to mandate such (Art. IV, sec. 4), but does it work the other way? Can the states require that the federal government remain a republic and not turn into a socialist state? With the Affordable Care Act one seventh of [...]


Are the President’s “Kill List” Activities Constitutional?

Two things have brought drone warfare to public attention in an amplified way the last few days: our assassination of Abu Yahya al-Libi, Al-Qaida’s second-in-command, and The New York Times release of classified information showing that President Barack Obama, on a weekly basis, reviews a “kill list” and personally authorizes each kill. Is this Constitutional? [...]


Treaty to Give the Oceans to the United Nations Now Before the Senate

Like a bad penny that one cannot get rid of, the idea of giving the world’s oceans, some 70% of the globe, to the United Nations is once again before the Senate Foreign Relations Committee. The “full court press,” led by Committee Chairman John Kerry, heard testimony favoring the idea from Secretary of State Hillary [...]


Ruth Bader Ginsburg: Don’t Use U.S. Constitution?

On January 30, 2012, Supreme Court Justice Ruth Bader Ginsburg surprised many by advising those attempting to create a new constitution in Egypt not to use the U.S. Constitution as its model. “I would not look to the US Constitution, if I were drafting a constitution in the year 2012,” she told the Egyptian people [...]


Squat, Cough and Spread Your Cheeks! Is This Really Constitutional?

Are body cavity searches constitutional? In the recent Supreme Court, decision Florence v. County of Burlington, the Court ruled 5 to 4 that law enforcement may strip search those arrested for even minor infractions before incarceration, “even if the officials have no reason to suspect the presence of contraband” (Adam Liptak, Supreme Court Ruling Allows [...]


Is the Constitution Relevant to Local Government?

Several years ago, at a public debate for county supervisor in a California community, the public was invited to offer questions in writing. I did so and watched the monitor of the debate, with a puzzled look on his face, sideline my question in preference to others. I presumed it was because it had something [...]


Who Can Initiate War

Recent presidents have so mutilated the clear language of the Constitution as to the authority to make war that congressional pushback, even from the weak Congress we now have, was inevitable.   That pushback came in a recent Senate Armed Services Committee hearing when Joint Chief of Staff Chairman General Martin Dempsey inferred that the authority [...]


Government Spying on Your Social Media

Last week a young college student approached me after class with a very disturbing concern. He had just been interrogated by the FBI for making a video three years ago of him exploding a fire cracker and placing the video on YouTube for others to see. He thought that it would be funny. During the [...]


NDAA Obliterates Large Portions of The Bill of Rights

The Republican Presidential Primaries have obscured the President’s late December signing of the most damaging law to the Bill of Rights in my lifetime.  Known as the National Defense Authorization Act the over 600 page, $662 billion law “would require the military to hold suspected terrorists linked to Al Qaeda or its affiliates, even those [...]


Taxing Christmas: A satirical look ahead

The country is now 15 trillion dollars in debt. Many erroneously believe that the only way to solve this problem is to increase taxes rather than to cut spending. Judging by the extreme laws passed the last few years, more recently the Christmas Tree Tax unsuccessfully advocated by the President this winter, a tax on [...]


Anyone Who Said Something Against the Government Was Taken Away

Be grateful for your right to criticize the government, whether as a Tea Party Patriot or as Occupy Wall Street. This can be lost. It helps to remember that we can vote to make things much worse if we continue to travel further into socialism. Take Austria in 1938 for example, as related by eyewitness [...]


Mitt Romney’s Wall Street Advisors Raises Serious Questions

In October, Presidential contender Mitt Romney released the 20 names of those he had selected to advise him in foreign policy and national security matters, more than half of whom, eleven to be exact, are members of the elite, semi-secret Council on Foreign Relations.  It isn’t that most of these persons are not qualified to [...]