CONCORD, N.H. (Nov. 30, 2017) – A bill prefiled in the New Hampshire House would ban sobriety checkpoints in the state. The law would not only end constitutionally dubious “searches” in New Hampshire, it would also thwart federal programs that heavily influence state traffic laws. A coalition of five representatives prefiled House Bill 1283 (HB1283)…
In the on-going debate over who now heads the Consumer Financial Protection Bureau (CFPB), the focus has been on whether the statute establishing the CFPB (the Dodd-Frank Act) overrides the Vacancy Reform Act (VRA). (Marty Lederman has a good discussion here). The debate highlights a broader point about textualism (and, by extension, originalism). Dodd-Frank says that…
LANSING, Mich. (Nov. 29, 2017) – Yesterday, I testified before the Michigan House Committee on Judiciary in support of a bill that would ban “material support or resources” for warrantless federal surveillance programs, an essential step for states to take in a time when the federal government seems unlikely to ever end their own spying. Rep.…
12. Is Obamacare’s Independent Payment Advisory Board constitutional? 13. Should seniors be able to opt out of Medicare without
According to a recent Fox News report, it appears increasingly likely Congress will have enough bipartisan support to push through “common sense” federal gun control legislation in 2018. If this happens, state action can effectively nullify these federal gun laws and render them ineffectual. Sen. John Cornyn (R-Texas) and Chris Murphy (D-Conn.) have crafted legislation…
It is often suggested that as soon as the Supreme Court weighs in on a particular issue, it can no longer be revisited and whatever opinion is rendered must be treated as an eternally binding edict. If one adopts to this position, they must then accept the following: that free blacks are not citizens and…
It took me just moments to come up with these. That means there are way more than seven.
PROVIDENCE, N.H. (Nov. 21, 2017) – A bill pre-filed in the New Hampshire House would require courts to fully inform juries of their right to vote “not guilty” when “a guilty verdict will yield an unjust result.” A coalition of eight representatives pre-filed House Bill 1443 (HB1443) for the 2018 legislative session. The legislation would amend…
Yesterday in 1863, Abraham Lincoln gave his famous Gettysburg Address, a speech commonly considered one of the most recognized and commonly recited pieces of English text. Truthfully, Lincoln’s oratory served as an erroneous reinvention of the union that conflicted greatly with the widespread understanding reached during the time of the founding generation. While Lincoln declared…
On Nov. 1, I spoke to the Oakland County, Mich. Campaign for Liberty meeting via Skype to talk about the power of local activism. I followed a call-in by Ron Paul, so I definitely had to be on my A-game! I think I at least held my own. The discussion centered on local activism I’m…