Radio Interview: Nullification Movement Building Momentum

Last week, I appeared on the Scott Horton show to discuss six new laws that went into effect August 1. Four of these laws nullify specific federal acts in practice, and two others that went on the books placing significant roadblocks in the way of some federal programs. During the show, Scott and I talked…

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Obamacare Decisions Undermine American Constitutional System

With the Supreme Court saving Obamacare’s hide yet again, what does its decision and the actions of the administration in implementing the law mean for Congress’s authority to write legislation? More fundamentally, what do they mean for the constitutional system itself. From the beginning, Obamacare has been riddled with dubious political moves by both the executive…

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On Courts and Constitutionality in the Kentucky Resolution of 1798

One of the most common complaints of constitutionalists against the conduct of our federal government is that the judiciary at all levels routinely oversteps its boundaries, intruding into those areas that are beyond its constitutional reach. Though this is largely accepted by most Americans because of its long practice, this does not mean that what…

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Can the Federal Government Ban Anything?

Even though it is true that the government currently bans all kinds of things, I am asking a serious question. Let me expand and clarify it. Is the federal government authorized by the Constitution to make illegal the possession of any substance that it deems it to be harmful, hazardous, immoral, addictive, threatening, damaging, injurious,…

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Nullification In Effect: First Medical Marijuana Dispensary Opens in Nevada

SPARKS, Nev. (Aug. 4, 2015) – Nevada’s first medical marijuana dispensary opened last Friday, representing another step toward nullifying the federal ban on cannabis in practice in the Silver State. Nevada legalized marijuana for medical use more than a decade ago, but it wasn’t until 2013 that the legislature passed a bill allowing dispensaries to…

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Julian Ku on the Constitution and the Iran Deal

At Opinio Juris, Julian Ku defends the constitutionality of the Iran deal (expanding on his discussion in this podcast from the National Constitution Center [also featuring David Rivkin]). He makes two arguments: First, the terms of the agreement, which describe its obligations as “voluntary”, indicate that it is a nonbinding “political commitment”.  Even the UN Security…

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Today: North Dakota Hemp Law Goes into Effect, Nullifies in Practice Decades-Long Federal Ban

BISMARCK, N.D. (Aug. 1, 2015) – Today, a North Dakota law authorizing the farming, production, and sale of industrial hemp in the state goes into effect, nullifying in practice the federal prohibition on the same. Introduced by Reps. David Monson (R-10) and Alan Fehr (R-36) along with Sen. Tom Campbell (R-19), House Bill 1436 (HB1436) passed…

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New Minnesota Law Restricts ALPRs; Helps Block National License Plate Tracking Program

ST. PAUL, Minn. (July 31, 2015) – Tomorrow, a Minnesota law goes into effect that places strict limits on the use of automated license plate readers (ALPRs) by law enforcement in the state. It also places significant roadblocks in the way of a federal program using states to help track the location of millions of everyday…

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