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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J.P. Morgan makes it easier for rich to take out mortgages

"J.P. Morgan Chase & Co. is loosening its underwriting criteria for big mortgages, as lenders ramp up competition to grab a bigger share of the high-end housing market. The nation’s largest bank plans to announce as soon as Tuesday that it is lowering the minimum credit score and down payment it requires for mortgages as big as $3 million. At the same time, some big banks are backing away from smaller loans where they see higher regulatory costs and litigation risks. By dollar volume, jumbo mortgages given out by lenders last year accounted for about 20% of all first-lien mortgages. That is up from 5.5% in 2009. The last time jumbo mortgages accounted for a larger share was in 2005." Continue reading

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The Next Financial Disaster Starts Here

"Because junk bond ETFs appear liquid, most investors don’t see the danger. They think they can sell their junk bonds ETFs just as easily as they could sell shares of Apple. But if too many people decide to sell junk bonds at once, it could overwhelm the market and cause prices to crash. None of this has been a problem yet because junk bonds have been in a bull market. According to Bank of America, junk bonds have gained 149% since 2009. But all bull markets eventually end. And when this one ends, junk bonds could cause massive losses to investors who don’t know about these risks." Continue reading

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Central Banks and Our Dysfunctional Gold Markets

"First, it remains unclear whether or not much of the gold that is being sold as shares and in certificates actually exists. Second, paper gold can theoretically be printed into infinity just like regular currency — although private-sector paper-gold sellers have considerably less leeway in this regard than central banks. Third, new electronic gold pricing — replacing, as of this past February, the traditional five-bank phone-call of the London Gold Fix in place since 1919 — has not necessarily proved a more trustworthy model. Fourth, there looms the specter of the central bank, particularly in the form of volume trading discounts that commodity exchanges offer them." Continue reading

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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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Federal District Court Judge Orders State Dept to Produce ALL Clinton Email Records!

BREAKING: Federal Judge Request All Clinton Email Records By AM on August 3, 2015 A Federal Judge ordered the State Department to request that Hillary Clinton and her top aides confirm, under penalty of perjury, that they have produced all government records […] Source: http://conservativepost.com/breaking-federal-judge-request-all-clinton-email-records/

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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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