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…Details
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…Details
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 sex couples, is unconstitutional, reports the Associated Press.
Tauro wrote that the 1996 law ran afoul of the Constitution’s Tenth Amendment. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and in doing so, offends the Tenth Amendment,” Tauro wrote.
The problem, though, is that they don’t apply this same principle to everything. They should – and need to.
A few quick points.Details
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…Details
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…Details
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…Details
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…Details
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…Details
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…Details
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…Details