For a guy who is willing to – with a unilateral stroke of his pen from his own desk – change definitions to ban what used to be legal, give legal status to people who didn’t have it, and even increase taxes….

The idea that Barack Obama can’t move people out of Gitmo because “Congress won’t fund it” is laughable.

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Boehner’s Plan for Netanyahu to Address Congress is Unconstitutional

As has been widely reported, House Speaker John Boehner has invited Israel’s Prime Minister Netanyahu to address the U.S. Congress.  If Congress does host the speech, would it be unconstitutional?  Peter Spiro at Opinio Juris suggests that it would.  I agree.

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Missouri Bill Seeks to Effectively Nullify Obama’s Executive Orders

A bill prefiled for introduction in the Missouri State House for 2015 could effectively nullify federal executive orders signed into existence by the President. House Bill 255 (HB255), by State Rep. Tim Remole (R-Excello), seeks to rebuke what is seen by many as federal lawlessness from the executive branch. The full text of the bill is as follows: Any…

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James Madison on “Parchment Barriers” and the defense of liberty

Although in the Federalist Papers James Madison urged ratification of the U.S. constitution, he was also concerned about things it left undone. He thought that many of his contemporaries were too focused on the threats posed by the executive branch, which he thought understandable given the fact that they had just fought a revolutionary war against…

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