The President’s Power over Prisoners of War

Several excellent posts challenge the legality of the President’s exchange of five Taliban prisoners held at Guantanamo for a U.S. soldier held by the Taliban — see Josh Blackman here, Ilya Somin here (toward the bottom of the post), and especially Tim Sandefur here. As the posts explain, the exchange violated a U.S. statute that prohibits releasing any prisoners…

Continue ReadingThe President’s Power over Prisoners of War

North Carolina House Passes Bill to Withdraw from Common Core, 78-39

Raleigh, NC, June 4, 2014 — Today, the North Carolina House passed a bill that would end the state’s involvement in Common Core educational standards, effectively nullifying its implementation within the state. The vote was 78-39. House Bill 1061 (HB1061) went through two hectic days. On Tuesday, the House Education Committee rewrote the original bill…

Continue ReadingNorth Carolina House Passes Bill to Withdraw from Common Core, 78-39

To the Governor’s Desk: NH anti-spying bill passes unanimously

CONCORD, N.H., June 4, 2014 – Today, the New Hampshire House and Senate gave final approval to a bill which bans government officials from obtaining “information contained in a portable electronic device” without a warrant “signed by a judge and based on probable cause.” It now goes to the Governor’s desk for a signature House…

Continue ReadingTo the Governor’s Desk: NH anti-spying bill passes unanimously

Bond v. United States and the Commerce Clause

Monday’s unanimous (on the result) Supreme Court decision in Bond v. United States uses federalism principles to rule against the federal prosecution of Carol Ann Bond, who attempted to injure a romantic rival with toxic chemicals.  Briefly: The majority (Chief Justice Roberts, writing for Justices Kennedy, Ginsburg, Breyer, Sotomayor and Kagan) thought the statute in question — implementing…

Continue ReadingBond v. United States and the Commerce Clause

SC Gov. Haley signs bill to effectively nullify federal ban on industrial hemp

Yesterday, South Carolina Gov. Nikki Haley signed a bill into law that authorizes the growing and production of industrial hemp within the state, effectively nullifying the unconstitutional federal ban on the same.

Continue ReadingSC Gov. Haley signs bill to effectively nullify federal ban on industrial hemp

Judge Napolitano: US Troops to Nigeria is Illegal

Last month, President Obama committed some 80 armed American troops to Chad to assist in the efforts to find a group of Nigerian girls reportedly kidnapped by the Boko Haram group. According to Judge Andrew Napolitano, the president’s action was an illegal use of military force without Congressional approval – as the Constitution requires. WATCH…

Continue ReadingJudge Napolitano: US Troops to Nigeria is Illegal

To the Governor’s Desk: Illinois bill to ban warrantless cellphone tracking passes unanimously

SPRINGFIELD, Ill., June 2, 2014 – An Illinois bill which would ban law enforcement from obtaining cellphone location tracking information without a warrant passed its final hurdle in the state legislature last Friday. By a unanimous vote in both chambers, the “Freedom from Location Surveillance Act” now moves to the Governor’s desk for a signature.…

Continue ReadingTo the Governor’s Desk: Illinois bill to ban warrantless cellphone tracking passes unanimously