Hedges v. Obama: The Supreme Court digs its head deeper into the sand

On Monday, the Supreme Court declined to consider Hedges v. Obama, a constitutional claim challenging a law that could enable theindefinite military detention of US citizens—within the US—without trial, charge, or evidence of crime. The decision is remarkable, both for its implications for fundamental rights, and its reflection on judicial independence.

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Obama and Holder: Making Killing “Legal”

Welcome to the strange new world of Barack Obama’s war on terror, in which there are no declarations of war against countries that foment or harbor enemy activities, as the Constitution authorizes, and in which the president claims the powers of a king by killing whomever he wishes under a rationale that his lawyers wrote for him and that he has desperately tried to keep secret.

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Nullification: Massachusetts in 1855 and Missouri in 2014

Northern states carried out arguably the most successful non-compliance campaign defying a federal act in history with their opposition to the Fugitive Slave Act of 1850. Today, a Missouri bill takes a page from that playbook to stop state cooperation with federal enforcement of unconstitutional gun laws.

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Reserved to the states respectively, or to the people

EDITOR’S NOTE: St. George Tucker was one of the most influential legal scholars of the early American republic. His View of the Constitution of the United States was the first extended, systematic commentary on the Constitution after it had been ratified by the people of the several states and amended by the Bill of Rights. And his Blackstone’s Commentaries, from which the following excerpt originates, was the major treatise on American law in the early 19th century. Lawyers arguing before the Supreme Court of the United States would frequently cite to Tucker’s Blackstone - more often than any other commentator until 1827.

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