An unconstitutional "law" is no law at all, which puts most of the federal register to the legal trash. But, since the federal government doesn't recognize the constitution, the only way to render those federal acts null and void in practical effect is to resist and nullify them on a state, local and individual level.
Earlier this year, the Harvard Journal of Law and Public Policy published my article showing that the Constitution’s Recess Appointments Clause limits presidential vacancy appointments far more than President Obama (and most prior Presidents) have claimed. I posted earlier on the same subject here. The issue is before the Supreme Court right now. The Recess Appointments Clause states in part…
This post continues my thoughts on Originalism and the Good Constitution by John McGinnis and Michael Rappaport (part 1 is here). One of the most important parts of Originalism and the Good Constitution is methodological rather than normative. In Chapter 7, the authors argue that original meaning depends not just on the original meaning of the words themselves but on…
Governor Sandavol, Its time you removed the Blm and the forest service from the state of Nevada. These federal agencies are criminal enterprises. Lock and Load your Constitutions boys. Required Reading. Our problem is that Americans do not understand what has been happening in the west , particularly west of the 100 meridian for over […]
I like that McGinnis and Rappaport frame the core question of constitutional adjudication as a choice among (a) originalism, (b) a "living constitution," or, as they frequently call it, "judicial updating", or (c) judicial deference to political branches.
Trying to solve these questions by judicial reasoning rather than historical inquiry converts them from questions about what the framers wrote to questions about what the judge thinks is best.
Via Derek Muller at Excess of Democracy, last week the Tenth Circuit found a guarantee clause claim justiciable. Here is the opinion in Kerr v. Hickenlooper, which is challenge to Colorado’s constitutional limits on the legislature’s power to tax. Additional thoughts from Garrett Epps at The Atlantic: Can the U.S. Government Declare a State Constitution “Un-Republican”? Previous thoughts on this case…
Madison - along with Jefferson and other founders - told us that it is the duty of each individual and each branch of government to determine constitutionality. Not just the federal courts.
NO, the Supreme Court isn’t the only branch tasked with determining the constitutionality of “laws” Here’s Ronald Reagan’s Attorney General on the subject: “Constitutional interpretation is not the business of the Court only, but also properly the business of all branches of government. The Supreme Court, then, is not the only interpreter of the Constitution.…
President Thomas Jefferson said his "oath to protect the constitution" REQUIRED him to refuse to enforce the Sedition Act at "every stage."