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…
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…
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…
BISMARCK, N.D. (July 30, 2015) – A North Dakota law drastically restricting the use of drones by state and local law enforcement goes into effect Saturday, thwarting a crucial aspect of the federal surveillance state. House Bill 1328 (HB1328) requires law enforcement agencies to obtain a warrant before deploying a drone for surveillance purposes with…
With all the inroads made by the federal government against liberty, sometimes it is easy to forget the small victories that show the battle is not lost. One such area is the right to keep and bear arms. Although he has achieved many “accomplishments” during his presidency, including the passage of the Affordable Care Act…
(July 29, 2015) – Patients facing life-threatening illnesses will have more treatment options open to them in Alabama, North Dakota and Minnesota on Saturday thanks to new laws that tear down federal roadblocks going into effect this week. These new “Right to Try” laws effectively nullify in practice some Food and Drug Administration (FDA) rules that stop…
In sum, the Iran deal is unconstitutional (a) because the President has not taken sufficient action to assure that it is nonbinding under international law, and (b) even if it is nonbinding under international law, it should be only a commitment of the current President and should not purport to be an undertaking of future Presidents for whom the current President cannot speak.
The California Assembly has an opportunity to send an historic and powerful asset forfeiture reform bill to Governor Jerry Brown for a signature. Senate Bill 443 (SB443) passed the Senate 38-1 in June, and already passed unanimously out of the Public Safety Committee in the Assembly earlier this month. BUT, inside sources close to the…