Was Justice Scalia an Old Originalist?
He is something of a transitional figure, who established one innovation but retained the traditional theory in other ways.
DetailsWall of Separation: Myth?
The biggest misunderstanding is not even the concept of the “Separation of Church and State” itself, but a misunderstanding of federalism, the construction of the US Constitution, and the first 10 Amendments (i.e. the Bill of Rights).
DetailsOklahoma governor puts taxpayers’ money where her mouth is
Oklahoma governor Mary Fallin just set an important precedent. By rejecting $54.6 million in federal money to begin implementation of ObamaCare, the governor has firmly set herself against the unconstitutional law and with the citizens of her state. From Fox News: To make it clear Oklahoma will develop its own plan, the state will not accept a $54.6 million…
DetailsNew 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 most legitimate form of democratic expression left in America: the New England town meeting. (Which have been held in the Sedgwick town hall since 1794.)
According to one report, the residents of Sedgwick voted to enact a law that not only permits
“Sedgwick citizens…to produce, process, sell, purchase, and consume local foods of their choosing,”
but declares that
DetailsSouth Carolina reps see the light on Commerce Clause
Two state representatives in South Carolina are pushing back against a federal ban of incandescent light bulbs set to begin in January of 2012. There is no constitutional authority for Congress to impose such a ban on the citizens of the several states, and it’s nice that South Carolina noticed. From NetRightDaily: “State Representatives Sandifer and Loftis are taking the lead…
DetailsSupreme Court gets the Constitution right, for once
In an overwhelming 8-1 decision, the Supreme Court has ruled in favor of the odious Westboro Baptist Church and the First Amendment. That is, the amendment which protects ALL speech, not just politically-correct, state-approved speech. Bravo. The nine highest-paid federal judges in the land have proved themselves capable of comprehending the plain language of the Constitution. Why then, we…
DetailsVA Senate Kills Intrastate Commerce Act Without a Vote
Another year, another trip to the Senate Death Star for the Intrastate Commerce Act (HB1438). Without even recording a vote, the elected “representatives” on the Senate Commerce and Labor Sub-Committee #1 left Virginia residents and businesses exposed to the economic and regulatory ravages of every federal agency from the EPA to the FDA to the BATF. When will…
DetailsVirginia Blogger Calls Tenthers “Intellectual Boobs”
Dan Casey of the Roanoke Times recently embarrassed himself with a juvenile, ad hominem attack on the Tenth Amendment movement titled “The Whole Tenth Amendment Business is Dumb and Crazy.”
While it’s unclear whether Casey actually expected his “arguments” to be taken seriously, it is clear that he cannot make his point through the use of logic or fact. Therefore, Casey’s piece is chock full of historical inaccuracies, mis-characterizations and outright falsehoods regarding the original intent and meaning of the Constitution.
So many, actually, that I cannot list them all here. However, I did respond point by point in a piece of my own to be published soon.
Here is a sample:
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