The state-level effort to turn off water and electricity to the National Security Agency (NSA) got a major boost today as legislators in Tennessee introduced a bill to ban the state from providing material support to the federal agency. A long-standing secretive NSA computing facility calls Oak Ridge home. According to NSA researcher James Bamford,…Details
The mass collection of all internet data will continue. The NSA will continue to undermine and sabotage encryption. The NSA will continue to try to pass warrantless data along to local law enforcement for non-terror investigations. The mass collection of phone records will continue as well.Details
“While media attention is focused on a possible effort to shut off water to the NSA data center in Utah, I’m introducing the Arizona Fourth Amendment Protection Act to back our neighbors up,” she said. “Just in case the NSA gets any ideas about moving south, I want them to know the NSA isn’t welcome in Arizona unless it follows the Constitution.”Details
The OffNow campaign will focus on state and local efforts to undermine the NSA’s ability to unconstitutionally monitor phone calls, emails and other private data.Details
In Federalist #46, James Madison explained how the states have powerful tools to resist the federal government.Details
Walter Williams writes: “The heartening news for us is that state legislatures are beginning to awaken to their duty to protect their citizens from unconstitutional acts by the Congress, the White House and a derelict Supreme Court. According to an Associated Press story, about four-fifths of the states now have local laws that reject or ignore federal laws on marijuana use, gun control, health insurance requirements and identification standards for driver’s licenses. Kansas Gov. Sam Brownback recently signed a measure threatening felony charges against federal agents who enforce certain firearms laws in his state.”Details
Because the logic of Justice Kennedy’s opinion for the majority in Windsor is novel, it is likely to confuse observers as it seems to have confused the dissenters. So in this post, I want to lay bare this logic, by explaining how it resembles, but also differs from, the federalism argument we made in our “Federalism Scholars” amicus brief (cited by the Court at page 23).
In our brief, we contended that DOMA was unconstitutional because (a) Congress had no enumerated power to regulate or “defend” marriage by imposing its definition on the states, and (b) DOMA was not necessary and proper for carrying into execution any of its enumerated powers. By operating in so sweeping and undiscriminating a manner, DOMA was exceeded its enumerated powers by enacting a law that by design interfered with the operation of the traditional state regulation of marriage. But overlooked in debates about our argument, we also made this federalism claim in the context of equal protection:Details