Constitution | Le·gal In·sur·rec·tion - Part 16
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Posted by William A. Jacobson on January 04, 2011 11 Comments

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...

Posted by William A. Jacobson on December 25, 2010 3 Comments

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...

Posted by William A. Jacobson on December 19, 2010 12 Comments

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...

Posted by William A. Jacobson on December 14, 2010 24 Comments

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...

Posted by William A. Jacobson on September 23, 2010 9 Comments

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...

Posted by William A. Jacobson on September 12, 2010 12 Comments

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...

Posted by William A. Jacobson on August 20, 2010 2 Comments

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...

Posted by William A. Jacobson on August 19, 2010 3 Comments

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):...

Posted by William A. Jacobson on June 08, 2010 18 Comments

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...

Posted by William A. Jacobson on May 24, 2010 4 Comments

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...

Posted by William A. Jacobson on May 18, 2010 10 Comments

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...

Posted by William A. Jacobson on May 04, 2010 11 Comments

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...

Posted by William A. Jacobson on April 25, 2010 4 Comments

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...

Posted by William A. Jacobson on March 24, 2010 16 Comments

In my post yesterday regarding the health care mandate, I suggested that if the courts held that the health care mandate were constitutional, then the Congress would have the power to declare weekly Blue Light Mandates.Given the potentially sweeping Congressional power to impose mandates, I...

Posted by William A. Jacobson on March 23, 2010 27 Comments

The mandate is front and center in the constitutional challenges to Obamacare's requirement that everyone purchase health insurance or suffer penalties.I've been posting about the mandate since last summer, since the mandate for the first time punishes and taxes the failure to engage in economic...

Posted by William A. Jacobson on March 21, 2010 28 Comments

Anyone who has read this blog before knows that since last summer I have focused on the mandate as the core evil in the various incarnations of the Democratic restructuring of the health care system.So much else that is wrong in the current bill set...

Posted by William A. Jacobson on March 08, 2010 4 Comments

via Electra at Livewyer-------------------------------------------- Related Posts:Coffee Party ParasitesCappuccino Party Follow me on Twitter and Facebook ...

Posted by William A. Jacobson on February 25, 2010 14 Comments

In the midst of whining about how sick and tired she is about progressives who whine, a blogger at Firedoglake writes that progressive activists need to be more like the Founding Fathers:I’m so torqued off right now I could spit. Perhaps it’s because I’m a...