14 Questions for Trump HHS Nominee Alex Azar
12. Is Obamacare’s Independent Payment Advisory Board constitutional? 13. Should seniors be able to opt out of Medicare without
Federal Proposal to Regulate Electric Power Rates Largely Unconstitutional
A proposal to expand federal regulation of electric power rates is largely unconstitutional. On Sept. 28, 2017, the U.S. Secretary of Energy Ernest Moniz proposed new rulemaking to the Federal Energy Regulatory Commission (FERC). Under the authority granted the secretary under the Department of Energy Organization Act, RM18-1-000, he proposes that the FERC should use…
How the 17th Amendment Ruined the Senate
With the Graham-Cassidy healthcare bill to repeal Obamacare flaming out, not even getting a vote, one might wonder whether it was a lousy bill or if something else were amiss. As the bill seemed like pretty decent legislation, its failure to get a vote may be due to what the U.S. Senate has become. Today’s…
A Bad Supreme Court Term for Originalism?
With the 2017 Supreme Court term underway, it’s time to consider its originalism implications. One might think that originalists would be optimistic with Justice Gorsuch — apparently a strong textualist originalist — joining the Court. But I suspect that, at least on the headline cases, it will be a bad term for originalism, based on…
Now Is the Time to Defend Our Parchment Barriers
Now is the time to stand firm on constitutional principles. Stand up and say no to the usurpers. Remember, the power you give them today they will have forever.
The Constitution and Escalating War in Afghanistan
Recent presidents have usurped all of the military powers of Congress unto themselves and Trump is doing the same. It is a dangerous slippery slope and clearly exceeds constitutional authority regardless of who inhabits the White House.
Donald Trump should learn from John Tyler
Tyler faced a near coup by his cabinet and was expelled from the Whig Party for vetoing their crappy legislation. What did he do? He gladly accepted their resignations, appointed his "state's rights" buddies to his cabinet and moved on.
James Comey: Liar
In the wake of the James Comey firing, let's not forget that he lied to all of us about NSA Spying.
President Trump Takes the Wrong Side on Obamacare
While we side with the constitution – meaning any “replacement” for Obamacare should be rejected, and only full repeal is acceptable… By pushing the AHCA and attacking the House Freedom Caucus, President Trump is siding with supporters of big-government instead of those who want less. He could have taken the opposite approach, and attacked the…
Tenth Amendment Center Responds to White House Press Secretary’s Comments About Federal Marijuana Enforcement
Shortly after claiming that Pres. Trump is a “firm believer in states’ rights,” White House Press Secretary Sean Spicer today said it’s likely the Justice Department will try to ramp up federal enforcement efforts against recreational marijuana states. In response, Tenth Amendment Center executive director Michael Boldin said: “Here’s a tip, under the Constitution, there’s…
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