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Constitution Tag

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...

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. ...

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...

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...

Thanks to readers Robin and Michael for the link :--------------------------------------------Related Posts:How Liberal Journalists Think Liberal Taxes ExplainedFeminism ExplainedMeet The Liberal Elite.Follow me on Twitter, Facebook, and YouTubeVisit the Legal Insurrection Shop on CafePress!...

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...

Imagine a place where legislators who had been thrown out of office hurried to pass legislation they knew would not pass once the new Congress was seated in order to defeat the will of the people as expressed in recent congressional elections.Such a thing could not...

We have returned to the pre-Clinton policy of leaving it up to the military as to whether and on what terms servicemen and servicewomen may openly acknowledge same sex sexual orientation.  Contrary to popular media hype, repeal of the law does not itself require the...

Prof. Orin Kerr, writing at Volokh Conspiracy, believes there is a glaring error in the decision by Judge Henry Hudson of the U.S. District Court in Virginia holding the health care mandate unconstitutional (italics in original, bold text mine):I’ve had a chance to read Judge Hudson’s...

I have held off commenting on the GOP Pledge to America until I had a chance actually to read it, rather than press reports and punditry analysis.Now that I have read it, I'm in agreement with the approach, which amounts to A Thousand Points of...

Janet Daley at The Telegraph in Britain (h/t POWIP) has an interesting column on anti-Americanism in Europe, and how the Europeans just don't understand why we feel so strongly about our Constitution and personal freedoms.Daley makes some good points, but I particularly liked this portion of the...

In mid-June, when Obama went on television to announce that he would "inform" BP how much it had to contribute to a compensation fund for the Gulf oil spill, I predicted that the fund -- despite the grandstanding -- would not put much money in...

Around the time of the ruling in U.S. v. Arizona, I received several e-mails and comments from readers wondering why the District Court had jurisdiction, in light of Article III, Section 2 of the Constitution (emphasis mine):...

Stay on teleprompter, please. Because you can't kick someone's ass, even if you are President.It's in the Fourth Amendment to the U.S. Constitution:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, or getting their...

One of the difficulties of adhering to constitutional federalism is that liberals always, always want to use conservative acknowledgement of any acceptable role for the federal government as an excuse to require federal government control of just about everything. The slope is very slippery, indeed.In...

In Graham v. Florida, the Supreme Court held that it violated the constitutional prohibition against cruel and unusual punishments to imprison someone with no possibility of parole based upon crimes, other than homicide, committed while a juvenile.These lines (at page 40 of the pdf.) in...

Dana Milbank argues that conservatives are hypocritical in seeking government involvement in the Gulf oil cleanup, Through oil-fouled water, big government looks better and better:There is something exquisite about the moment when a conservative decides he needs more government in his life...

Puerto Rico is approaching a plebiscite on statehood, pursuant to congressional legislation which is under consideration. Pat at And So It Goes In Shreveport has a good post summing up the current politics of statehood for Puerto Rico.One person to keep an eye on is...