Federal judge: Challenge to ObamaCare mandate can go to trial
Possibly the biggest story of the day, even though it’s barely getting coverage: A federal judge ruled Thursday that parts of a lawsuit by 20 states seeking to void the Obama administration’s health care overhaul can go to trial, saying he wants hear additional arguments from both sides over whether the law is unconstitutional. In a [...]
It’s Time to Nullify Federal Court Decisions
As a supporter of laws like SB1070 and other state and local efforts to curb illegal immigration I am disturbed by the trend that federal courts are now weeding through state laws and deciding if they are constitutional or not. Whether or not you support state efforts to curb illegal immigration you have to agree [...]
Wheat, Weed, and ObamaCare
From Reason.TV – “How the Commerce Clause Made Congress All-Powerful”
The Paternal Power
I’m sure most people remember how free they felt the day the left home and lived on their own. At first it might have seemed a bit scary because you had to pay bills and survive independently of your parents but after a while you felt a new sense of freedom in your own life. [...]
Courts aren’t the final arbiter
Opponents of state sovereignty and the states’ power to nullify unconstitutional law argue that federal courts have held nullification unconstitutional. Jillian Rayfield, in a brilliantly unbiased article *insert sarcastic tone* on TMPDC.com writes: This “tenther” group touts state sovereignty and nullification — the idea that a state can override a federal law it deems unconstitutional (a [...]
Discussion: Original Jurisdiction
All of the information below is referenced by Publius-Huldah’s Blog, which uses it to conclude, ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial of the Case Against Arizona & Governor Brewer. US Constitution, Article 3, Section 2 In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall [...]
Federal Judge Allows 10th Amendment Obamacare Suit to Proceed
Writes Ilya Somin at Volokh: Federal District Judge Henry Hudson’s opinion refusing to dismiss Virginia’s lawsuit challenging the constitutionality of the Obama health care plan has several interesting aspects. The suit focuses primarily on a challenge to the “individual mandate” element of the plan, which requires most American citizens and legal residents to purchase a [...]
Is Obama Care Illegal?
Well, of course it is…but Dom Armentano makes an interesting case that under status quo, it’s not – but yet – still horribly immoral and wrong. Here’s an excerpt: To find the mandates in Obama Care illegal and, indeed, to roll back the bulk of economic regulation on business, would require a radical rethinking of [...]
Federal Court Makes Rare Ruling in Favor of the 10th Amendment
A Federal Judge today ruled in favor of the Tenth Amendment, which is an unusually rare result. What was the issue? DOMA and gay marriage. From the WSJ blog: U.S. District Judge Joseph Tauro ruled that the federal Defense of Marriage Act, which prevents the federal government from giving pension and other benefits to same [...]
Standoff in Hawaii: Census Taker Arrested
From the Hawaii Tribune-Herald: A battle is brewing between the state and federal governments over a Census taker arrested in Puna for misdemeanor trespassing. The U.S. Attorney’s office filed papers Thursday in federal court in Honolulu to take the case of 57-year-old Russell Haas out of Hilo District Court. That will pit the feds against [...]
Disposing the Doctrine of Judicial Supremacy
In addition to Robert Nagel’s column on rejecting judicial remedies for our political disagreements (posted earlier on the Tenther blog), National Review Online has also treated us to two columns by Prof. Robert Lowry Clinton. The first, “Judicial Supremacy and the Constitution,” disposes of the doctrine of judicial supremacy by looking at the Supreme Court’s [...]
Against Judicial Supremacy
Much has been made of the coalition of state attorneys-general suing the federal government over the constitutionality of the recently enacted health care bill. But while many of us are happy to see the state governments taking some form of action to preserve their powers and to protect the liberties of their citizens from federal [...]
Supreme Court of the United States or The World?
The United States Supreme Court leftists have once again decided to crush the Constitution and the 10th Amendment by striking down a juvenile sentencing law simply because they don’t like it personally and–the most outrageous reason–because they cited the fact that other countries have long since abandoned this practice. And this despite the fact that [...]
The Case Against Case Law
Today when you hear the term Constitutional Scholar or Constitutional Expert you get the image of someone who has studied the Constitution and perhaps the Ratification Debates as well as the federalist papers. Someone who has studied the philosophers whose opinions were crucial to how our nation was to be governed like Blackstone, Cicero and [...]
Bypassing Posse Comitatus
David Franke writes: An executive order signed by President Clinton and used by President George W. Bush purportedly allows U.S. Special Forces to bypass the Posse Comitatus Act. We have to say “purportedly” because—of course—key parts of the executive order are classified. Scahill asks the natural followup question: “To what extent are U.S. Special Forces [...]
Constitution Where Art Thou?
I can already hear everyone I know bitching at me about this blog post. This will, to me, prove who really stands for liberty and who is ready to sell out the Constitution when it suits their needs. The phrases like “don’t tread on me” and “give me liberty or give me death” can only [...]
Shooting for Self-Defense?
First, a couple of news items that are actually something to cheer about concerning our rights to defend our liberties: Arizona is allowing concealed carry without a permit, and the Colorado Court of Appeals ruled that the University of Colorado has no authority to bar students or visitors from lawfully carrying guns on campus. This [...]
Lawsuits are a Distraction
Jon Roland of Constitution.org had this to say about the lawsuits that AGs are filing on the health care bill There are a few minor things that might be won through litigation, if it were properly pleaded, but the suit filed is incompetent, little more than political posturing. The courts are not going to oppose [...]
Scalia: ‘No Right To Secede’
So many official conservatives fall into the category of double agents for the regime: Sarah Palin, Dick Armey, Glenn Beck, and so on. And here Antonin Scalia denies secession. He is replying to a screenwriter’s query about a possible court case on secession: I am afraid I cannot be of much help with your problem, [...]
Is Secession Constitutional?
On LewRockwell.com, Brian Stanley wrote an interesting article on Texas v White and the court system’s view of the Constitutionality of secession. Here’s an excerpt: In the 1868 case of Texas v. White, 74 U.S. (7 Wall.) 700, a case dealing with the title to some U.S. bonds, the Supreme Court ruled that Texas’, and hence [...]
Justice Alito Was Right?
So says Judge Andrew Napolitano – on the recent Citizens United case, that is. Here’s an excerpt of his recent article: The 20-year-old ruling had forbidden any political spending by groups such as corporations, labor unions, and advocacy organizations (like the NRA and Planned Parenthood, for example). Ruling that all persons, individually and in groups, [...]
New England Nullification Tradition Marches On
Though many living in New England today might be loathe to admit it, there is a long history of nullification being used in the region to defy unconstitutional federal edicts. This week, the town of Sedgwick, Maine voted to carry on that proud tradition by nullifying certain federal agricultural regulations. They did so through what might be the [...]
Mar 10, 2011 | Categories:Announcements, Big Brother, Big Government, Commentary, Constitution, Delegated Powers, Drug War, Economics, Federalism, Founding Fathers, Founding Principles, Government, Judiciary, Law, Liberty, Nullification, Originalism, Sovereignty Movement, State Sovereignty | Tags: 10th Amendment, 10th Amendment Movement, Decentralization, Enumerated Powers, food freedom, Nullification | 1 Comment »