Law

Yes on 122: Arizona Voters have an opportunity to opt-out of federal programs

by Shane Trejo | Jul 10, 2014 | Anti-Commandeering, Ballot Measures, Elections, Issues, Nullification

This fall, Arizona voters have the chance to honor the spirit of James Madison by voting Yes on Proposition 122. If passed, the state constitutional amendment would make the feds enforce, enact and pay for its unconstitutional actions and programs on their own. If...

NLRB v. Noel Canning and Originalism

by Michael D. Ramsey | Jul 1, 2014 | Constitution, Judiciary, Law, Recess Appointments

First, congratulations to co-blogger Mike Rappaport for having two of his articles cited multiple times in yesterday’s recess appointments decision, NLRB v. Noel Canning. Second, my quick takeaway is that the case is a win for originalism. True, the majority...

Oklahoma Reaffirms Gold and Silver As Legal Tender Under New Law

by TAC News | Jun 11, 2014 | Constitutional Tender, Federal Reserve, Issues, Law, Nullification

OKLAHOMA CITY, June 11, 2014 – Oklahoma Gov. Mary Fallin has signed a bill into law that declares gold and silver as legal tender within the state. Signed last week, Senate Bill 862 (SB862) was introduced by Sen. Clark Jolley and Rep. Gary Banz, with...

A Partial Defense of the Majority Opinion in Bond v. United States

by Michael D. Ramsey | Jun 6, 2014 | Constitution, Judiciary, Law, Treaty Power

Chief Justice Roberts’ majority opinion in Bond v. United States has been sharply criticized (see here and here), so I’ll say few words partially in its favor. The case has seemed odd from the beginning because the federal statute at issue implements the...

Bond v. United States and the Commerce Clause

by Michael D. Ramsey | Jun 4, 2014 | Commerce Clause, Constitution, Judiciary, Law, Treaty Power

Monday’s unanimous (on the result) Supreme Court decision in Bond v. United States uses federalism principles to rule against the federal prosecution of Carol Ann Bond, who attempted to injure a romantic rival with toxic chemicals. Briefly: The majority (Chief...

Some Responses on McCutcheon and Campaign Finance Legislation

by Michael D. Ramsey | Apr 10, 2014 | 1st Amendment, Law

Michael Perry writes: I share your originalist misgivings about the plurality and Thomas opinions in McCutcheon. However, a reader of your most recent post on the mattermight conclude that you have bought into the “expected applications” version of...

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