Obama’s Libyan Operations are Unconstitutional
The Constitution prescribes the rules about how the United States is to enter a war, and the Obama administration has violated those rules.
Nullifying Commerce Clause Abuse in Arizona
I predict that Arizona’s SB 1178 will startle our overlords in Washington, DC and deeply offend them in much the same way that the immigration act, SB 1070, did.
Ignoring History and Embracing Rhetoric: ThinkProgress Takes the Low Road Again
It’s time for ThinkProgress and others who love federal power to start telling the truth – even though they probably never will
All Legislative Powers Herein Granted
is the Congress the only institution of the federal government currently exercising legislative powers as required by the Constitution?
The Time to Rein in Spending is Now!
The debate in Congress over the extension of the Bush tax cuts has obscured the issue of government spending. After all, it is because members of Congress love to spend money that isn’t theirs that we “need” an income tax to begin with.
A Re-Write of the Bill of Rights through the Preamble
With the 219th anniversary of the adoption of the document known as Bill of Rights only hours away, every American who has graduated from high school should be able to explain the original intent of the Amendments in ten minutes or less.
The Congressional Power over Immigration: A Detective Story
Did the Founders’ Constitution give Congress the power to restrict immigration? Or was this a subject reserved to the states?
Amendment X: The False Truism
If the denial to the federal government of any undelegated power is indeed a truism, then why has that entity repeatedly exercised authority for powers it was never given by the states?
Roger Clemens Should Plead the 10th!
Has anyone ever refused to answer a question from a federal inquisitor on Tenth Amendment grounds? I don’t know, but I’d love to hear it from Roger Clemens…
Usurpation: The Weapon By Which Free Governments Are Destroyed
Whenever the people who make up the federal government, either as individuals, as departments or as branches, exercise power not expressly delegated to them as specified in the Constitution, they are usurping the authority of either the states or the people.
Due Process in Jeopardy
With its recent ruling in US v Comstock, the Supreme Court shows us that it takes liberty lightly
Three Deadly Weapons
In recent decades, Congress has assumed to itself undelegated powers never authorized by the Founders. They’ve done this through a twisting of three essential clauses of the Constitution
Endless Power and the Death of Freedom
The word “commerce†has wrongly been interpreted by the Supreme Court to cover every person that moves.
When Commerce is not Commerce
James Madison: “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.”
Immigration vs Naturalization
Article I, Section 8, Clause 4 of the Constitution empowers Congress to “establish an uniform Rule of Naturalization” – or, more simply stated, to make universal rules about giving foreign-born residents of the United States the “privileges of native” born residents.
Delegated. Not Surrendered.
Individuals from both sides of the debate are making some constitutional assertions that have no basis in fact. One of these is the claim that in adopting the Constitution, the States “surrendered†some of their sovereign powers to the federal government.
My Response to the Census
This letter was sent to the Census bureau on 03-19-10. Â To date, no response has been received.
Who’s Supreme? The Supremacy Clause Smackdown
This debate ultimately boils down to loose interpretation verses strict construction. Thomas Jefferson had the best line on this issue. When asked to read between the lines to “find†implied powers, Jefferson responded that he had done that, and he “found only blank space.â€
Census Is For Counting Not Prying
The purpose of the Census is that of counting the US population in order to apportion among the states the number of representatives in the US House of Representatives. That’s it. Nothing more. Nothing less.
When in Doubt, Don’t
Dear Uncle Sam, When you visit, please come in through the front gate and under the welcome sign. If the baggage you are carrying doesn’t fit through that Constitutional entryway, then I and my state are sorry to inform you that you’ll just have to stay the hell out.
The Sole and Express Purpose of the Census
Since the sole and express purpose of the Census, as stated in the Constitution, is for apportioning direct taxes and representatives among the several States, the question that needs to be addressed is – are these additional questions a legitimate constitutional exercise of power or just another usurpation of power?
Putting the Constitution Back into the Oval Office
Ron Paul: “A crucial policy that a president could enact to bring speedy improvements to government is ordering the bureaucracy to respect the 10th Amendment and refrain from undermining state laws.”
The Courts and the Commerce Clause: Obliterating Original Intent
Every piece of federal economic regulation from the Sherman Antitrust Act (1890) to all of the 1930s New Deal securities and banking law has been rationalized (made “constitutional”) by reference to the commerce clause.
The Commerce “Claws” and Obama Care
In 1937, the Supreme Court abandoned its attempt to set limits to the Commerce Clause power and to enforce theTenth Amendment. No longer would the Court be in the business of drawing a line between the federal and state authority, as it had been intended to do. Instead, it would allow Congress to do almost anything it wanted to do on the basis of the Commerce Clause.
