Constitution  (Page 10)

Dissenting Justices

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Posted by  ▪  Saturday, February 18, 2012 at 1:06pm 2/18/2012 at 1:06pm

Breaking News — two Supreme Court Justices who voted against the Citizens United decision now believe the decision should be reconsidered.

It is headline worthy at WaPo:

In other news, Water is Wet!

 
 
 

Obama desperately seeks a crisis to take advantage of

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Posted by  ▪  Wednesday, January 4, 2012 at 4:11pm 1/4/2012 at 4:11pm

Obama’s recess appointment of Richard Cordray to the new Consumer Financial Protection Bureau correctly is portrayed as a naked power grab.

First, the Senate is not in recess.  Harry Reid and other Democrats in the past treated the current Senate pro forma business status as not being in recess.

Second, the Dodd-Frank legislation which...

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Bad facts make bad law, Anwar al-Awlaki edition

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Posted by  ▪  Friday, September 30, 2011 at 10:48am 9/30/2011 at 10:48am

From David Dayen at Firedoglake:

We’ll hear this was necessary because of Awlaki’s operational role, and his part played in the Fort Hood massacre and the Christmas Day bombing attempt.  In reality, many experts saw Awlaki as a public figurehead, a man who could speak in front of a video camera and...

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Clarence Thomas on verge of victory

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Posted by  ▪  Tuesday, August 30, 2011 at 11:52am 8/30/2011 at 11:52am

That’s a theme in a very worthwhile article about Thomas written by Jeffrey Toobin in The New Yorker:

These tempests obscure a larger truth about Thomas: that this year has also  been, for him, a moment of triumph. In several of the most import...

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11th Circuit strikes down Obamacare mandate

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Posted by  ▪  Friday, August 12, 2011 at 1:18pm 8/12/2011 at 1:18pm

This is the big case involving 26 states.  In January, Judge Roger Vinson struck the entire law finding that the mandate could not be severed from...

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Economic destruction by Commerce Clause – farm equipment edition

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Posted by  ▪  Tuesday, August 2, 2011 at 5:20pm 8/2/2011 at 5:20pm

One of the great unwritten stories of the damage to the economy from team Obama is the relentless attempt to regulate areas that have not previously been regulated.

The health care mandate received a lot of attention and breaks new ground, but there are countless other areas that mostly fly under...

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Polyamory – at least be honest about it

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Posted by  ▪  Thursday, July 21, 2011 at 11:05am 7/21/2011 at 11:05am

I told you so:

Once society decides that one-man, one-woman no longer is the “arbitrary” standard, on what rational basis do we stop at one-and-one?

Jonathan Turley in The New York Times, One Big, Happy Polygamous Family:

…. Utah and eight other states make polygamy a crime, while 49 states have bigamy statutes that can...

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GOP-Backed Patent Reform Ignores the Constitution, Costs $1 Billion +, and Taxes Innovation

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Posted by  ▪  Friday, June 24, 2011 at 3:13pm 6/24/2011 at 3:13pm

You probably haven’t heard about yesterday’s passage of the “America Invents Act” in the House, but as the bill goes into reconciliation after gaining the support of all but 67 Republican Representatives and three Republican Senators (along with two Democratic Senators and 50 Democratic Representatives), it’s important that you know what it...

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First He Whispered Sweet Nothings In Your Ear

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Posted by  ▪  Wednesday, April 20, 2011 at 9:45am 4/20/2011 at 9:45am

Via Prof. Bainbridge:

Not again.  How could he?

 

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Citizens United Weighs Heavily On Their Bumpers

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Posted by  ▪  Saturday, April 2, 2011 at 12:52pm 4/2/2011 at 12:52pm

The Citizens United case weighs very, very heavily on their minds and their bumpers.

Spotted in Ithaca today:

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Obama’s Explanation of Why He Did Not Need Congressional Authorization

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Posted by  ▪  Tuesday, March 22, 2011 at 10:22am 3/22/2011 at 10:22am

…. for the attacks on Libya sounds an awful lot like his explanation of why the health care mandate is constitutional.

Just as the Obama administration tied the decision of an individual not to purchase health care insurance, through a series of connections and chains of causation, to the health care costs and availability...

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Supreme Court Rules For Westboro Baptist Church

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Posted by  ▪  Wednesday, March 2, 2011 at 10:41am 3/2/2011 at 10:41am

The U.S. Supreme Court, in an 8-1 ruling (Alito dissenting), ruled in favor of the right under the First Amendment for protesters from the Westboro Baptist Church to picket near the funerals of soldiers.

Here is a key piece of the Opinion, written by Chief Justice Roberts:

“The “content” of Westboro’s signs plainly...

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Executive Branch DOMA Power Grab

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Posted by  ▪  Wednesday, February 23, 2011 at 3:26pm 2/23/2011 at 3:26pm

The decision by the the Department of Justice to refuse to defend the Defense of Marriage Act is a massive power grab by the Executive Branch.

The Justice Department is tasked with representing the “government” is the broad sense in legal matters coming before the courts.  There is no congressional Justice Department. ...

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All Your Thoughts Are Belong To U.S.

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Posted by  ▪  Wednesday, February 23, 2011 at 12:25am 2/23/2011 at 12:25am

That seems to be the import of the ruling by federal Judge Gladys Kessler in upholding the Obamacare mandate in a suit brought by a group of private plaintiffs in Mead v. Holder (pg. 45, emphasis mine):

As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity,...

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If You Hate The Health Care Mandate, How Can You Love Federal Tort Reform?

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Posted by  ▪  Sunday, February 13, 2011 at 4:07pm 2/13/2011 at 4:07pm

Medical malpractice tort reform is one of those supposed remedies frequently mentioned as a cure to lowering health care costs. 

Currently being debated is H.R. 5 (most recent mark up here) which would create a federal medical malpractice reform modeled on what has taken place in California, including caps on non-economic...

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Obamacare Unconstitutional – How Did This Happen?

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Posted by  ▪  Tuesday, February 1, 2011 at 11:33am 2/1/2011 at 11:33am

Thanks to readers Robin and Michael for the link :

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More Dumbed-Down Talk About The Constitution From A You-Know-Who

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Posted by  ▪  Tuesday, January 4, 2011 at 9:25am 1/4/2011 at 9:25am

More dumbed-down talk about the Constitution from Tea Parties liberal columnists, this time Amanda Terkel (formerly of Think Progress) writing at HuffPo with the headline:

Scalia: Women Don’t Have Constitutional Protection Against Discrimination

Gee, Scalia must hate women.

Except that the headline is a good example of a half-truth.  Scalia’s point is the fairly...

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