Fourth Amendment Origins: Court Battles Lead to Revolution
“The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.” Sir Edward Coke,[1] 1604 “They who can give up essential liberty...
View ArticleAn Agency Theory of The Constitution as a Power of Attorney
“[W]e must never forget that it is a constitution we are expounding.” Chief Justice John Marshall, McCulloch v. Maryland (1819) Reviewing the 200 years of “expounding” the Constitution has undergone...
View ArticleCourageous NSA Ruling by Judge Leon Respects Privacy and Fourth Amendment
On December 16, 2013 US District Court Judge Richard Leon took on arguments[1] that over the years have been used to expand government intrusion into American life in ways that would have left James...
View ArticleTwo NSA decisions: One for the Constitution, One for the Government
On December 27, Federal Judge William Pauley, of the Southern District of New York, admitted everything that, on December 16th, Judge Richard Leon indicated was wrong with the National Security...
View ArticleConstitution’s “Origination Clause”: Why Revenue Bills Start in the House,...
This is Part 1 of a three part series discussing the Constitution’s Origination Clause. Part 2 explains the Senate procedure of ”gut and replace”. Part 3 explains why “gut and replace” violates the...
View ArticleConstitution’s “Origination Clause”: Why Revenue Bills Start in the House,...
For Drafters of the Constitution, a vexing problem was to establish a government that would give life to the philosophies of the Declaration of Independence and meet the practical political...
View ArticleConstitution’s Origination Clause: Why Revenue Bills Start in the House, Part 3
Part 1 examined the history and purpose of the US Constitution‘s Origination Clause. Part 2 introduced the Senate practice of “gut and replace” that pretends to comply with the Origination Clause....
View ArticleWhat a President Can Legally Do With a Pen and a Phone, Part I
President Obama brought national attention to the idea of running the country by “executive order” with his now famous: “I’ve got a pen and I’ve got a phone”. He made that intent clear during the...
View ArticleBook Review: The Second Revolution and The 2nd Amendment
“The laws that forbid the carrying of arms … disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants;...
View Article11th Amendment Overrules the Supreme Court
The Supreme Court interprets the Constitution. If the Court makes an unpopular decision, the recourse is an amendment. This happened with the Eleventh Amendment. During the Revolutionary War a South...
View ArticleConstitutional Impeachment: An Alternative to Assassination
The Constitution‘s Impeachment Clause regarding the president and all civil officers of the United States is in Article II and reads: “The President, Vice President and all civil officers of the...
View ArticleThree Court Cases That Should Doom Obamacare
Over 100 cases are in federal court challenging constitutional aspects of the Affordable Care Act. Most cases address a specific portion of the act and may alter a portion, but not overturn the entire...
View ArticleThe Government May Be “Shut Down” But The Constitution Is Hard At Work
Despite a century long[1] effort to eviscerate and ignore the Constitution, the government “shut down” demonstrates the document’s stubborn staying power. As the news media works to “analyze” who will...
View ArticleBook Review: The Conscience of the Constitution
I recently was fortunate to observe Tim Sandefur argue the unconstitutionality of Obamacare in the District of Colombia Court of Appeals under the Origination Clause.1 Following the arguments a...
View ArticleUS Constitution’s Twenty-Seventh Amendment: 202 Years in the Making
The First Freedom of the First Amendment is the Freedom of Religion. The Right to Bear Arms is famously in the Second Amendment. The American Bill of Rights has an almost majestic quality by being...
View ArticleConstitutional Question Resolved For a Pay Raise
On April 4, 1841 William Henry Harrison became the first United States president to die in office. The Constitution did not address critical questions regarding succession and the status of Harrison’s...
View ArticleFourth Amendment Victory: Cell Phones Cannot be Searched Without a Warrant
In an age of NSA surveillance, secret courts issuing secret warrants, IRS officials allowing private data to be made public and more, it is important to take notice when the Supreme Court steps up and...
View ArticleTwentieth Amendment: Limiting Lame Duck Mischief
The Twentieth Amendment to the US Constitution Explaining the need for the Twentieth Amendment is messy. That is because despite the care taken in drafting, the Constitution left a few matters messy....
View ArticleConstitution’s Twenty-Third Amendment: DC Residents Cast Votes for President
The Constitution provided for a seat of government for the United States. It did not provide voting rights for those living there. The Constitution’s Article I, Section 8, clause 17 empowered Congress...
View ArticleConstitution’s 25th Amendment: Resolving Issues About the Vice-President
When the Constitution was drafted in 1787, the office of vice-president was created as an afterthought, as a solution to potential problems with the Electoral College. The Constitutional Convention...
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