In sum, the Iran deal is unconstitutional (a) because the President has not taken sufficient action to assure that it is nonbinding under international law, and (b) even if it is nonbinding under international law, it should be only a commitment of the current President and should not purport to be an undertaking of future Presidents for whom the current President cannot speak.
What role does the Declaration have in constitutional interpretation, if any? When it comes to understanding the meaning of the Constitution, many Americans don’t give the Declaration of Independence the first thought. But some argue that as the founding American document, everything hangs on it, and we must interpret the Constitution exclusively through the Declaration.…
The California Assembly has an opportunity to send an historic and powerful asset forfeiture reform bill to Governor Jerry Brown for a signature. Senate Bill 443 (SB443) passed the Senate 38-1 in June, and already passed unanimously out of the Public Safety Committee in the Assembly earlier this month. BUT, inside sources close to the…
WASHINGTON (July 27, 2015) – On Thursday, the U.S. House passed a bill that would crack down on so-called “sanctuary cities.” This Republican push advances a preferred policy of conservatives, but obliterates state sovereignty and clearly violates the well-established anti-commandeering doctrine. Many American cities refuse to help the federal government carry out enforcement of some…
We Americans no longer carry gold and silver money in our pockets and purses as our grandparents did during their lives. But we still carry the history, legacy and spirit of those gold and silver coins in our language – with more meaning than you might imagine. “Sound money” has a clear message recognized for…
Apparently, some people are still getting up in arms over the idea of other people marrying without the permission of our wise overlords and modern-day ephors in government. What’s tragic and infuriating, however, is that such protestation isn’t just from the usual suspects, but from publications that would otherwise advocate for greater liberty. Over at Reason magazine, senior…
CONCORD, N.H. (July 24, 2015) – A bill prohibiting law enforcement from obtaining location data from electronic devices without a warrant in most cases became law in New Hampshire this week. The new law not only protects privacy in New Hampshire, but also takes an important first step in addressing the growing federal surveillance state.…
After listening to the Confederate flag debate for several days, I was left feeling like neither "side" of the issue really captures the crux of the matter.
HONOLULU, Hawaii (July 23, 2015) – Medical marijuana dispensaries will open in Hawaii in 2016, representing another step toward nullifying the federal ban on cannabis in practice in the Aloha State. On July 14, Gov. David I. Ige signed HB321 into law. The bill sets up the framework for operating retail medical marijuana dispensaries in…
THOMAS JEFFERSON wondered how the country would respond if its government passed a law that was clearly unconstitutional. As Secretary of State under George Washington, he had already witnessed the wheels of government trying to enlarge provisions in the Constitution in order to give the administration unchecked powers to tax and spend. Washington established the…