Some lower courts are ruling ObamaCare unconstitutional. The reason given is that it's wrong to force the individual to buy a product or service, such as health insurance. These decisions are all well and good. But the question remains: If it's wrong for government to...
Constitution
First-to-File: Is it Constitutional?
The following letter from a number of Law Professors deals with the Constitutionality of a First-to-File system as contemplated by the America Invents Act (H.R. 1249 and S. 23) June 17, 2011 By Email Speaker John Boehner Office of the Speaker H-232 U.S. Capitol...
Unconstitutionality of "First-Inventor-to-File" Provision in H.R. 1249
The following letter from a number of Law Professors deals with the Constitutionality of a First-to-File system as contemplated by the America Invents Act (H.R. 1249 and S. 23) June 17, 2011 By Email Speaker John Boehner Office of the Speaker H-232 U.S. Capitol...
The War on the Constitution
Challenges in court to the constitutionality of Obamacare have exposed the broader agenda of those who are committed to the permanent expansion of government power which that legislation represents. The specific legal issues are almost irrelevant because Obamacare is...
Constitutional Health Care
The writers of the U.S. Constitution were very much aware of the need to set firm and specific limits on the powers of government. Hundreds of years of the British Monarchy, and study of the failures of republican forms of government as far back as ancient Greece and...
Constitutional Contempt
At Speaker Nancy Pelosi's Oct. 29th press conference, a CNS News reporter asked, "Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?" Speaker Pelosi responded, "Are you serious? Are you...
Good Ideas vs The Constitution of the United States of America
Good Ideas During winter months, I work out 10 minutes on the treadmill and lift weights at seven stations four mornings a week. Over the years, during the spring through fall months, I racked up about 2,000 miles on my road bike. This level of exercise helps account...
Stimulus Package? The Hell with Our Constitution
Dr. Robert Higgs, senior fellow at the Oakland-based Independent Institute, penned an article in The Christian Science Monitor (2/9/2009) that suggests the most intelligent recommendation that I've read to fix our current economic mess. The title of his article gives...
The Supreme Court Versus The Constitution
Recent landmark court decisions are reminders that elections are not just about putting candidates in office for a few years. The judges that elected officials put on the bench can remake the legal landscape, change fundamental social policies and even affect the way...
Jesus in the Constitution?
A liberal friend phoned last week with his analysis of how the presidential race was shaping up. The news that morning was that both John Edwards and Rudy Giuliani had dropped out. "Same old," he said, referring to the likelihood that our choice in November will be...
Congressional Constitutional Contempt
Here's the oath of office administered to members of the House and Senate: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the...
Constitution Day
Each year since 2004, on Sept. 17, we commemorate the 1787 signing of the U.S. Constitution by 39 American statesmen. The legislation creating Constitution Day was fathered by Sen. Robert Byrd and requires federal agencies and federally funded schools, including...
Proposed Iraqi Constitution Will Not Bring Freedom to Iraq or Security to America.
As the world eagerly watches the Iraqi constitutional referendum, the Bush administration and its intellectual supporters herald the occasion as a historic step toward freedom in the Middle East and security for America. This view betrays an appalling ignorance of the...
Iraqis Should Look To American Founding Fathers When Writing Their Constitution
On December 15, 1791, 213 years ago, the American Bill of Rights was ratified. Thus ended a long and difficult process by which the American people first liberated themselves from tyranny and then established the first government in history founded on individual...
American Despotism: Emasculation of the American Constitution
No one’s private property is safe because what’s a public benefit is subject to wide interpretation.
The Purpose of an Iraqi Constitution
On December 15, 1791, 212 years ago, the American Bill of Rights was ratified. Thus ended a long and difficult process by which the American people first liberated themselves from tyranny and then established the first government in history founded on individual...
Private Property and the Iraqi Constitution
Official US support of such a system of governance reflects how far we have strayed from our Founding Father’s principle; the absolute protection of private property.
Constitutional Amendment to Ban Gay Marriage
"The family enjoys the protection of the state. Marriage is based on the free consent of the woman and the man; the spouses are completely equal in their family relations." This sounds much like an initial draft of a constitutional amendment for the United States...
The U.S. Supreme Court Against the Constitution
Lawlessness usually conjures up images of a wild frontier or mobs in the streets. But the painful reality is that the supreme examples of lawlessness in our times are in the august and sedate chambers of the Supreme Court of the United States. If you think the issue...
Ignorant About the American Constitution?
I'd like to enlist the services of my fellow Americans with a bit of detective work. Let's start off with hard evidence. The Federalist Papers were a set of documents written by John Jay, Alexander Hamilton and James Madison to persuade the 13 states to ratify the...
Commerce Clause Abuse: How Congress Circumvents Both the Letter and Spirit of the Constitution
Several weeks ago, under the title "Is It Permissible?" I discussed how Congress systematically abuses the Constitution's "welfare clause" to control our lives in ways that would have been an abomination to the Framers. Quite a few readers pointed to my omission of...
European Constitution vs.British Sovereignty
British Prime Minister Tony Blair has survived with a wrist slap the first parliamentary committee's report on the false claims he made about Iraqi weapons of mass destruction. But other, more determined, inquiries are underway, and a new imbroglio is brewing over...
A Constitutional Republic for Iraq
As the statue of Saddam Hussein came crashing down, President Bush told the Iraqi people, "You deserve better than tyranny and corruption and torture chambers. You deserve to live as free people. And I assure every citizen of Iraq: your nation will soon be free."...
Nike, Free Speech and the Constitution
Nike v. Kasky presents the Supreme Court with an opportunity to undo some of the constitutional damage resulting from the so-called "commercial speech doctrine," the Court's test for deciding whether self-interested speech is entitled to First Amendment protection....
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