Delegated powers and strict construction

St. George Tucker was one of the most influential legal scholars of the early American republic. His View of the Constitution of the United States was the first extended, systematic commentary on the Constitution after it had been ratified by the people of the several states and amended by the Bill of Rights. And his…

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The President Does Not Have the Constitutional Power to Order Air Strikes in Iraq

The answer, in my view, depends on whether the U.S. can be “at war” with a non-state actor such as the Sunni rebel force in Iraq.  Here’s my analysis: (1) The President has executive power and commander-in-chief power, and thus can direct the military and conduct foreign relations, so long as he does not do…

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Are we Done Waiting Yet?

With the recent decision by the Supreme Court not to even hear the case against the indefinite detention provisions of the NDAA, I have to ask a familiar question to the majority of people who still value the Constitution: are you ready to take the responsibility to defend our governmental charter? We have the power;…

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Reno City Council takes action to nullify federal marijuana prohibition

RENO, Nev. – Last week, the Reno city council voted to lift a moratorium on medical marijuana dispensaries, effectively nullifying the blanket federal prohibition on cannabis. Nevada recognized medical marijuana as a legal means of treatment in November 2000. Last year, a bill was signed into law to authorize up to 66 more medical marijuana…

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What Do Founding Era Sources Reveal About the Second Amendment?

I spent last week vacationing in Florida. One of the things I really enjoy about getting away from the daily routine is the opportunity to catch up on reading. So, while lounging on the beach, I dug into founding era sources surrounding the proposal and ratification of the Second Amendment. Here are some things that…

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US Intelligence Agencies Operate Outside the Law

When it comes to its national intelligence community, the federal government has a major accountability problem. Agencies like the NSA and the CIA operate outside of constitutional bounds with little to no actual oversight. Trust in the Government Many perceive that every law Congress passes is constitutional. But Congress passes numerous laws despite James Madison’s…

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Getting Tired of the False Republican-Democrat Paradigm?

I’m not sure how much I can rely on a Facebook post to gauge of public opinion, but if it provides any indication at all, an editorial cartoon I posted last week reveals Americans have about had it with the Republican – Democrat paradigm. The cartoon depicts a car that just crashed into a wall…

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Federal Marshals Seize Florida Police Cellphone Tracking Records

Federal marshals recently seized a local police agency’s records on cell phone surveillance to keep it from public disclosure, demonstrating the importance of prohibiting dragnet surveillance at the state level. Sarasota, Fla. police were apparently secretly tracking individuals’ cell phones without a warrant using a device called a Stingray, according to the ACLU. “Stingrays track…

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Just Say YES To Industrialized Hemp

While you may have a personal issue with the legalization of this plant, the most important question to ask yourself is this; “Do you believe in the rule of law, based on the Constitution, or do you think it would be OK to chart a different course “just this one time?” Our nation was founded…

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We really need some help

This week, I’m personally stuffing, sealing, labeling and stamping 3000 direct mail pieces. This is a LOT of work, but it absolutely needs to be done.  On the one hand, the nullification movement is really growing strong – and this is covered in our upcoming “State of the Nullification Movement Report” which will be available…

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