Legal Insurrection
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Constitution  (Page 1)

Seven years of college and all they know is targeting “patriots” and those educating about the Constitution and Bill of Rights

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Posted by    Monday, May 13, 2013 at 8:46am

There is so much wrong with the IRS scandal at so many levels, it’s almost hard to know where to start.

It goes way beyond abuse of power, although it certainly is that.

It is, as Newt said this morning on Morning Joe, “culturally sick” (emphasis added):

“[Obama] also owes every tea party in...

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Extra-constitutional power is what they’ve always wanted (Update — blaming those ancient “white dudes”)

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Posted by    Monday, December 31, 2012 at 10:19am

An Op-Ed in The New York Times from Georgetown Law Professor Louis Michael Seidman, Let’s Give Up on the Constitution:

AS the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on...

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Transparent ref gaming of Sup Ct on gay marriage

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Posted by    Tuesday, December 11, 2012 at 8:44am

The big shock in the Supreme Court’s Obamacare ruling was not that the law was upheld.  Most people thought there was a substantial chance Justice Kennedy would side with the four liberal Justices.

But almost no one thought that it would be Chief Justice John Roberts who would be the swing vote,...

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Dying gasps of racial preference industry

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Posted by    Monday, November 19, 2012 at 2:00pm

Race-based discrimination is wrong, yet it is the foundation of the Affirmative Action industry, which has survived judicial scrutiny based on historical wrongs which have very little bearing on college students today.

Yet any attempt to tinker with racial preferences meets with a faily hysterical response, as reflected in a recent statement issued...

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16 seconds cannot change 16 years

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Posted by    Tuesday, October 30, 2012 at 6:29pm

The video below (h/t Hot Air) is getting a lot of exposure.

It presents, in 16 seconds, religious freedom analogies.

But it will make no impact with the Sandra Flukes of the world, who view free birth control as a human right. Someone has to be forced to buy it for them. And...

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Catholics 1, Obama 0 – Ct exempts company from contraceptive regs (copy of opinion)

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Posted by    Friday, July 27, 2012 at 9:38pm

Via Fox News:

The Catholic family that owns a Colorado-based company won a court victory in  their battle to stop the Obama administration from requiring them to provide  insurance coverage for abortion-inducing drugs, sterilization and contraception,  a mandate they say violates their religious beliefs and First Amendment  rights.

Hercules Industries, a Denver-based heating...

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Ground control to Starship Silver Lining

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Posted by    Saturday, June 30, 2012 at 8:00pm

There’s not much I can add to what I have already said about the unreality of the reaction to the Obamacare decision by the conservative silver lining crowd.

A growing chorus understands.

John Yoo:

Conservatives are scrambling to salvage something from the decision of their once-great judicial hero….

All this is a hollow hope. The outer...

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What if that huge conservative doctrinal achievement was mere dicta?

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Posted by    Friday, June 29, 2012 at 4:36pm

I have expressed my frustration with those who see some salvation in the supposed advancement of constitutional federalism in the ruling by Chief Justice Roberts and the four conservative dissenters that the Commerce and Necessary and Proper Clauses did not justify forcing people into commerce.

Those rulings arguably were not essential to...

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Mark Levin on Obamacare ruling

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Posted by    Thursday, June 28, 2012 at 9:25pm

Makes many of the points I made today, including rejecting the delusion that this was a victory:

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Stop the self-delusion

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Posted by    Thursday, June 28, 2012 at 6:43pm

Some well-meaning people are peddling the notion that today’s Obamacare decision was a long term victory, that we lost the battle but won the war, that there was some master plan by Chief Justice Roberts to gut the expansion of Commerce Clause power under the fig leaf of a majority ruling...

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Supreme judicial activism in restraint’s clothing

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Posted by    Thursday, June 28, 2012 at 3:30pm

The most disturbing thing about today’s decision is not that we lost on the mandate. The majority opinion on the Commerce Clause (the Chief Justice plus the conservative dissenters) was quite good, and vindicated those who mounted an argument as to “inactivity” to the derision of the law professoriate.

What is most...

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How right I was: “IRS The New Health Care Enforcer”

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Posted by    Thursday, June 28, 2012 at 12:30pm

On August 14, 2009, I tried to sound the alarm as to where Democrats’ health care proposals were heading.

At that time I was dealing with the precursors to what became Obamacare.  The congressional language distinguishing the mandate as a penalty and the political arguments that it was...

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The reaction

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Posted by    Thursday, June 28, 2012 at 12:12pm

Romney’s statement:

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To the Voting Booth!

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Posted by    Thursday, June 28, 2012 at 10:27am

Consider this Pep Talk IV.

Was it over when Harry Reid pushed Obamacare through at Christmas time in December 2009?

Not when voters took to the voting booth and elected Scott Brown.

Was it over when Nancy Pelosi and House Democrats were forced to accept the Senate version so that reconciliation could be used,...

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This time tomorrow

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Posted by    Wednesday, June 27, 2012 at 6:26pm

where will we be?

Big day here.

Will create an “open” post somewhere around 9:30 a.m. waiting to find out if the Supreme Court Kremlinologists have been right.

Or not.

Then will follow up with a post detailing my take on the decision.

Followed by the House vote to hold Eric Holder in contempt.

Predictions:  The internet...

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