Law

Anti-commandeering and nullification

by Michael Boldin | Jan 24, 2014 | Law, Nullification

This question just came in on our feedback forum, and I thought it was important enough to discuss that I’d share my answer here. QUESTION: Is the principle of anti-commandeering synonymous with nullification ANSWER: It depends on how you define the word...

Rule of Law and Judicial Activism

by Jared C. Clark, Esq | Jan 21, 2014 | Judiciary, Law

With Utah’s Marriage Amendment recently overturned by a federal court, many Utahns are doubtless wondering what exactly justifies (or not) the courts in overturning the voice of the People. The answer to this question lies in the concept of Rule of Law. Rule of...

The Worst Post on Recess Appointments?

by Michael D. Ramsey | Jan 14, 2014 | Constitution, Founding Principles, Law, Recess Appointments

There have been some great posts on the President’s side in anticipation of yesterday’s recess appointments argument (including those I linked to earlier by Eric Posner, Elizabeth Wydra and Sidney Rosdeitcher, plus this one in The Atlantic by Peter...

Recess Appointments on Monday

by Michael D. Ramsey | Jan 12, 2014 | Judiciary, Law

The Supreme Court argument in NLRB v. Noel Canning is on Monday, 1/13. Michael McConnell comments in the form of a model judicial opinion (affirming), at the Washington Legal Foundation website. Sidney Rosdeitcher (Brennan Center) dissents. I usually agree with...

Legal experts weigh in on #NullifyNSA campaign and state 4th Amendment Protection Act

by Michael Boldin | Jan 11, 2014 | Issues, Law, Surveillance

There have been some top constitutional experts making comments about our legislative proposal to NullifyNSA. Here’s a balance – pro and con – of the most prominent of late. 1. Randy Barnett, Georgetown Law – “State governments are free...

The Ninth Circuit on Foreign Relations Federalism

by Michael D. Ramsey | Dec 16, 2013 | Federalism, Foreign Policy, Law

The Ninth Circuit (Judge Harry Pregerson writing) had an interesting recent decision regarding foreign relations federalism in Cassirer v. Thyssen-Bornemisza Collection Foundation. The case involves California Code of Civil Procedure § 338(c)(3), which extends the...

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