In sum, there are at least two ways the Court in Bond can accommodate federalism without undermining national foreign policy. It can construe ambiguous treaties not to reach purely local conduct. And it can require Congress to make a plausible showing that federal regulation of local conduct is needed to prevent material breach of treaty obligations. Either approach would allow Bond to win the case without undermining national treaty power.Details
Originally published at American Thinker
Democrats tell us that ObamaCare is “the law of the land,” and that the Supreme Court declared it constitutional, and that we should get used to it — it’s here to stay. Actually, the Court found ObamaCare unconstitutional on two counts, but let it pass anyway.
The problem for defenders of ObamaCare is that its court challenges just keep coming. One place to check up on them is the website Health Care Lawsuits. In September, American Enterprise Institute ran an article by Chris Conover headlined “Will the Courts Derail Obamacare?” The article covers several of the ongoing court challenges to ObamaCare, including the status of each case. (The article also ran at Forbes.)
On October 5, National Review ran a terrific article by former federal prosecutor Andrew McCarthy that addresses a specific legal challenge:Details
At the National Constitution Center’s “Constitution Daily” blog, Doug Kendall and Tom Donnelly (Constitutional Accountability Center): Big Battles Brewing over the Constitution’s Original Meaning. From the introduction: For decades, debates over the Constitution divided along familiar lines. Progressives professed faith in a “living Constitution,” while conservatives claimed fidelity to originalism. In recent terms, however, this dynamic…Details
At Concurring Opinions, Marco Simons (EarthRights International) has this post on the Daimler v. Bauman case (argued at the Supreme Court 10/15): Is There a Constitutional Right to Corporate Separateness? Mr. Simons and I have been on opposite sides of some cases in the past, but I think there is something to his originalist argument here: The Ninth Circuit…Details
If a person reads Adolf Hitler’s Mein Kampf, does that make him a fascist?
If a person reads Karl Marx’s Das Kapital, does that make him a Marxist?
Of course not! Many individuals may just want a better understanding of these beliefs regardless of their personal views.
How can one offer criticism about a subject when this person doesn’t understand what he is criticizing?
Every day, we are bombarded by people on Facebook, all trying to get our attention and asking us to “like” their page. These pages can be about movie stars, authors, models, television shows, sports teams, universities, and yes, even political groups.
Since there are political based pages, they can also vary by party, movement, individual candidates or even individual causes. The Tenth Amendment Center even has its own Facebook page, which you can access HERE.Details
Minutes after midnight on Wednesday, Senator Mike Lee (R-Utah) rose to give his colleague Senator Ted Cruz (R-Texas) a breather from what was already a marathon speech warning of the “train wreck” that is resulting from the collision of the American economy with the oppression of ObamaCare.
While the remarks delivered by both men were eloquent, engaging, and educational, Senator Lee’s impromptu descant on the unconstitutionality of the Supreme Court’s rewriting of the original healthcare legislation was particularly noteworthy.
For nearly an hour and without a teleprompter, Senator Lee rightly accused the Supreme Court of having “rewritten” ObamaCare, converting it from a penalty into a tax, thus placing it, as Senator Cruz said, “in a different stream of jurisprudence.”
Parenthetically, one wonders if “former law professor” Barack Obama could have stood for nearly an hour in the middle of the night and delivered an unrehearsed lecture on the Constitution without the use of a teleprompter.
Speaking of the court’s ruling last year on the constitutionality of the Affordable Care Act, Senator Lee said, “Those five lawyers wearing black robes, who we call justices, were no more empowered than the queen of England to impose a tax on the American people.”
“This was a lawless act,” he added.
It was indisputably a lawless act of unconstitutional lawmaking on the part of the black-robed oligarchy.Details
In noting the principal amicus briefs in Bond v. United States, I overlooked this one on behalf of Chemical Weapons Convention Negotiators and Experts. As described in this news release from Indiana University: In the brief, the arms control experts support the U.S. government’s position that, properly interpreted, the treaty requires states parties, including the United States, to apply its prohibitions on…Details
Lecture presented by Marshall DeRosa at the Ludwig von Mises Institute’s “Reassessing the Presidency” seminar. This lecture series addresses the much neglected reality that the executive department of the U.S. government has always been the sum total of the American welfare-warfare state. Event held at the Mises Institute in Auburn, Alabama, October 16-17, 1998. http://mises.orgDetails
In yet another indication that ObamaCare must be repealed, a federal judge ruled last week that a challenge to the healthcare “law” filed by the state of Oklahoma may proceed.
According to a report in the Washington Times, the suit filed by the Sooner State “claims the federal government is unlawfully extending tax credits to states that opted not to set up their own insurance exchanges under the new health care law.”
In his order, U.S. District Court Judge Ronald A. White refused to rule on the merits of the case, but simply permitted the challenge to proceed along the path of adjudication.
Although not all of the state’s assertions were accepted by White, among those that the judge did sign off on was the claim that the state as an employer would be harmed by the administration’s application of various provisions in the Affordable Care Act (ACA).
Specifically, Oklahoma Attorney General Scott Pruitt argues that President Obama is permitting federal healthcare agencies to ignore the letter of the law in order to benefit the federal government. The Washington Times explains the government’s alleged errant interpretation:Details