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…
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,…
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…
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…
Written by the great American poet, Walt Whitman, TO THE STATES urged people, cities and states to RESIST. We call that nullification – something northern abolitionists did to great success in the 1850s. FULL POEM: To The States, or any one of them, or any city of The States, Resist much, Obey little, Once unquestioning…
(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…