23 States and Counting: Illinois Right to Try Act Signed as Law, Takes on Some FDA Restrictions

SPRINGFIELD, Il. (Aug. 11, 2015) Last week, Gov. Rauner signed a bill into law to nullify in practice some Food and Drug Administration (FDA) rules that prevent terminally ill patients from accessing experimental treatments. Introduced by Rep. Greg Harris (R-13) and 21 bipartisan co-sponsors, House Bill 1335 (HB1335) gives terminally ill patients access to medicines that…

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Radio Interview: The Texas Gold Depository and Nullifying the Federal Reserve

A couple of weeks ago, I appeared on “An Economy Of One” podcast to discuss the new Texas gold depository. Gary Rathbun and I discussed two important impacts the Texas depository will have. First, by controlling its own gold stores, it provides the state greater economic independence and autonomy. Second, it opens the door for Texans…

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Radio Interview: Nullification Movement Building Momentum

Last week, I appeared on the Scott Horton show to discuss six new laws that went into effect August 1. Four of these laws nullify specific federal acts in practice, and two others that went on the books placing significant roadblocks in the way of some federal programs. During the show, Scott and I talked…

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Obamacare Decisions Undermine American Constitutional System

With the Supreme Court saving Obamacare’s hide yet again, what does its decision and the actions of the administration in implementing the law mean for Congress’s authority to write legislation? More fundamentally, what do they mean for the constitutional system itself. From the beginning, Obamacare has been riddled with dubious political moves by both the executive…

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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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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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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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