Amicus Brief in Tuaua v. United States

Last week I joined a group of distinguished scholars on this amicus brief filed in support of plaintiffs/appellants in Tuaua v. United States, the Samoan citizenship case now at the D.C. Circuit.  As I’ve discussed before, the issue is whether the Constitution allows the United States to treat inhabitants of American Samoa (a U.S. territory) as something less than American citizens (they are called “non-citizen nationals”).

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Surprisingly, FDA gets the commerce clause right?

A May 16th Food and Drug Administration news release reported that U.S. Marshals had seized more than $11,185,000 worth of unapproved drugs. They did this at the request of the FDA because the medications are unapproved and misbranded drugs under the Federal Food, Drug, and Cosmetic Act.

The FDA complaint for forfeiture in paragraph 3 states, “articles of drug, as described in the caption, which articles were shipped in interstate commerce from outside the state of Ohio.”

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Necessary and Proper Clause in an Establishment Clause case

I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and Proper Clause in his concurring opinion in Town of Greece v. Galloway, an Establishment Clause case that received wide publicity. This was the thirteenth citation in the third Supreme Court case in the past 11 months.

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Unconstitutional acts, not law.

An unconstitutional “law” is no law at all, which puts most of the federal register to the legal trash. But, since the federal government doesn’t recognize the constitution, the only way to render those federal acts null and void in practical effect is to resist and nullify them on a state, local and individual level.

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