Unconstitutional: The War Powers Resolution of 1973
Under the Constitution, the president has no authority to declare war, even if Congress tries to delegate that power to the executive branch.
Was Marbury v. Madison Good for American Government?
Take any American history or political science course and you are certain to talk about the landmark Supreme Court case of Marbury v. Madison. I could probably also surmise that you will be told this is precisely the role the Constitution gave the judicial branch. That, of course, would be wrong, but this would be…
To the Governor: Nebraska Passes Right to Try Act Rejecting Some FDA Restrictions on Terminal Patients
LINCOLN, Neb. (April 19, 2018) – On Wednesday, the Nebraska legislature gave final approval to a bill that would set the foundation to nullify in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. Sen. Bob Hilkemann (R-Omaha) introduced Legislature Bill 117 (LB117) last year and…
Hey Kids, The Constitution Isn’t a Smorgasbord
It seems the kids who wanted the federal government to violate my basic rights are unhappy because a government entity is violating their basic rights. A Marjory Stoneman Douglas High School student tweeted out a photo of herself holding a clear backpack issued by the school in the wake of the tragic shooting last month.…
The Struggle for American Independence: The 13 Colonies
People tend to view the colonies as essentially homogeneous, but in fact, they differed significantly in their cultures, religions, economies and political views.
Louisiana House Passes Bill to Make Medical Marijuana Legalization Permanent
BATON ROUGE, La. (Apr. 19, 2018) – Yesterday, the Louisiana House passed a bill that would make the state’s medical marijuana program permanent. Final passage into law would take a big step toward nullifying federal cannabis prohibition in effect. Rep. Tanner Magee (R-Houma) introduced House Bill 823 (HB823) on April 3. Under current law, the…
Podcast: Baseball, the Constitution and a Lawyer You Can Trust
Last week, I warned you about trusting lawyers to explain the Constitution. On this week’s episode of Thoughts from Maharrey Head, I make an exception to that general advice. I’m also explain what a baseball rule can teach us about constitutional interpretation. You can subscribe to Thoughts from Maharrey Head for free on iTunes. Just click HERE. SHOW…
Michigan Bills Would Reform Civil Asset Forfeiture; Federal Loophole Remains
LANSING, Mich. (Apr. 18, 2018) – A bill introduced in the Michigan House would reform asset forfeiture laws to prohibit the state from taking property without a criminal conviction in most cases. Rep. Pete Lucido (R-Shelby Township) introduced House Bill 5779 (HB5779) on Apr. 11. The legislation would reform Michigan law by requiring a criminal…
City of Berkeley Passes Ordinance Taking on Surveillance State
BERKELEY, Calif. (April 18, 2018) – The city of Berkeley, Calif., has passed a local ordinance that sets the stage to limit the acquisition and use of spy gear by law enforcement and other city agencies. The Surveillance Technology Use and Community Safety Ordinance ensures there will be public notice and debate before the city acquires…
Signed by the Governor: Alaska Law Legalizes Industrial Hemp Despite Federal Prohibition
JUNEAU, Alaska (April 18, 2018) – Last Friday, Alaska Gov. Bill Walker signed a bill into law legalizing industrial hemp and creating a licensing program for its cultivation in the state. The new law takes another step toward nullifying federal prohibition on the plant in practice. Sen. Shelly Hughes (R) filed Senate Bill 6 (SB6)…
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