Via Derek Muller at Excess of Democracy, last week the Tenth Circuit found a guarantee clause claim justiciable. Here is the opinion in Kerr v. Hickenlooper, which is challenge to Colorado’s constitutional limits on the legislature’s power to tax.Details
Robert J. Pushaw (Pepperdine University – School of Law) has posted Obamacare and the Original Meaning of the Commerce Clause: Identifying Historical Limits on Congress’s Powers (University of Illinois Law Review, Vol. 2012, No. 1703, 2012) on SSRN. Here is the abstract:Details
President Thomas Jefferson said his “oath to protect the constitution” REQUIRED him to refuse to enforce the Sedition Act at “every stage.”Details
I think it is not surprising that the leading current commentaries supporting the President — including the four mentioned above — focus on modern needs or on practice long after ratification. The founding-era meaning is clear and straightforward. Cecere’s weak attempt to show otherwise actually confirms it.Details
The Amendment can therefore claim no warrant to democratic legitimacy through original popular sovereignty. It was added to the Constitution despite its open failure to obtain the support of the necessary supermajority of the American people.Details
Congress had authority to build the interstate highway system. But the construction of other roads and of ground transportation facilities was reserved to the states. The debates over the Constitution’s ratification amply confirm these conclusions.Details
The major argument used by those that oppose Nullification is the Constitution’s supremacy clause.
But in fact, the arguments for the supremacy clause ARE the arguments for nullification.Details