I don’t always throw out or follow conspiracy theories, but what better way to get grassroots conservatives to support more and more centralized power than this? Run the borders like a sieve for years. Have a Republican president grant amnesty for millions. Continue running the borders like a sieve. Start putting the blame for the…
Can states legally – and successfully – shut off water to a federal agency, like we’ve been proposing to do with NSA spying? For years, lawyers at organizations like Electronic Frontier Foundation (EFF) and ACLU have told us in no uncertain terms that there’s no way they’d get on board with our effort to nullify NSA by turning off resources to the agency.…
Will Congress awake from its slumber and finally dust off the part of the Constitution directing the Legislative Branch to decide on matters of war and peace?
U.S. Attorney General Jeff Sessions and his obsession with unconstitutional marijuana prohibition is a glaring reminder of the fact that we either demand restoration of our Ninth & Tenth Amendment authority, rights, and responsibilities no matter reconstructions’ adulteration, or finally dismantle the facade we use to hide our true governance; bureaucratic socialism. Since the Republican…
LOS ANGELES. — The new federal marijuana policy announced by Attorney General Jeff Sessions Thursday will do little to maintain the federal government’s unconstitutional cannabis prohibition. In a one-page memo, Sessions rescinded the Obama-era Cole Memo and directed federal prosecutors in states with legal marijuana to decide how aggressively they want to prosecute federal law based on their own…
Sessions hates marijuana. He wants to crush legal marijuana in the states. But he's nothing but an impotent dinasour. Without help from the states and people he can't do it - no matter how many mandates and policy changes he issues.
Bundy arguments brought focus to three concerns: federal land within a sovereign state, the Constitution, and what is known as Jury Nullification.
So once again, Jeff Sessions has proven that he’s no friend to the Constitution. Earlier today, ABC news released a video exchange obtained through a Freedom of Information Act request. In it, a DOJ intern asked him why he’s supposedly so lax on gun control laws, but still wanted to aggressively enforce marijuana prohitibion. In…
In the New York Times, Saikrishna Prakash and John Yoo: Don’t Prosecute Trump. Impeach Him. As to prosecution, they argue: The Constitution imposes on the president the duty to “take care that the laws be faithfully executed,” which vests the authority to oversee all federal law enforcement. As Alexander Hamilton observed in Federalist 70, “good government”…
In the on-going debate over who now heads the Consumer Financial Protection Bureau (CFPB), the focus has been on whether the statute establishing the CFPB (the Dodd-Frank Act) overrides the Vacancy Reform Act (VRA). (Marty Lederman has a good discussion here). The debate highlights a broader point about textualism (and, by extension, originalism). Dodd-Frank says that…