Chief Justice Roberts Again Rewrites Law, Avoids Duty to Hold Government’s Feet to the Constitutional Fire

Bond was a case about the scope of the treaty power—can Congress do something pursuant to a treaty that it can’t otherwise do?—and yet the majority opinion avoided that discussion altogether in the name of a faux judicial minimalism.

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Don’t Count On the Courts (Or Congress Either)

Georgetown University Law Center professor Randy Barnett nailed it in a short post on the Volokh Conspiracy Blog this week.

Much as I believe that the NSA bulk data seizure program is unconstitutional because it is an “unreasonable” general warrant, the preferable remedy would be a congressional fix. Moreover, I agree that we should never count on the courts to save us.

Barnett crams a lot of truth into a single sentence.

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Jefferson and Madison on the Role of the Federal Courts

Today, it is commonly accepted that the U.S. Supreme Court has the sole and final say as to whether or not a federal law is constitutional (after it winds through the lower federal courts).  Recently, for example, the Court upheld the Affordable Care Act as constitutional under the auspices that the individual mandate is a tax.  This commonly accepted notion is wrong.

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Our hands or not at all: Supreme Court denies NDAA lawsuit

STATEMENT FROM PEOPLE AGAINST THE NDAA

BOWLING GREEN – On September 12th, 2012, Federal District Judge Katherine B. Forrest issued a permanent injunction against enforcement of Section 1021 of the 2012 National Defense Authorization Act. In July 2013, the 2nd Circuit ruled the plaintiffs did not have standing to challenge that law.

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