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Constitution Tag

Posted by New Neo on December 15, 2018 37 Comments
Vox's Matthew Yglesias believes that Alexandria Ocasio-Cortez should run for president. Hey, why not? What could possibly go wrong? Oh, and if she's not old enough—and, at 29, she's not—then it's time to "fix" the Constitution.

Posted by William A. Jacobson on December 14, 2018 96 Comments
Reed O'Connor, a federal judge in the Northern District of Texas, just killed Obamacare. If the ruling holds up on appeal, Obamacare is dead. As a doorknob. Not just the mandate or some other particular provisions. He killed the WHOLE THING.

Posted by William A. Jacobson on October 30, 2018 152 Comments
Axios reports this morning that Trump is considering signing an Executive Order ending birthright citizenship for children of illegal immigrants:
President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil, he said yesterday in an exclusive interview for "Axios on HBO," a new four-part documentary news series debuting on HBO this Sunday at 6:30 p.m. ET/PT.
Here's the video clip teasing the interview:

Posted by Fuzzy Slippers on July 29, 2018 61 Comments
Michael Anton, a lecturer and research fellow at Hillsdale College and a former national security official in the Trump administration. Anton also was the pseudonymous author of The Flight 93 Election article that cause a stir prior to the 2016 election. Earlier this month, Anton penned an op-ed in the Washington Post in which he argued that birthright citizenship was not a constitutional requirement.  The op-ed generated a great deal of discussion, prompting Anton to explain and defend his argument to critics on both the left and the right.

Posted by William A. Jacobson on June 21, 2018 41 Comments
The Supreme Court in a 5-4 ruling that did not split on traditional ideological lines, upheld South Dakota's ability to require that out-of-state internet sellers collect state sales tax on goods sold into South Dakota. The case involved the internet retailer Wayfair and South Dakota. The case is being misrepresented in many media reports as involving whether states can tax internet sales. They can, and that was not in issue. The issue was whether states can force internet retailers to collect the sales tax and turn those proceeds over to the state.

Posted by Jared Samilow on February 01, 2018 17 Comments
U.S. District Judge Mark E. Walker in Tallahassee has ruled that Florida's process for restoring voting rights to convicted felons violates both the First and Fourteenth Amendments. The implications of the ruling, however, may not be so far-reaching since the judge hasn't yet decided on a specific remedy. The Order (pdf.) is embedded at the bottom of this post.

Posted by Jared Samilow on December 30, 2017 37 Comments
It's official: as of 12:00 a.m. January 1, 2018, the U.S. military will be open to transgender recruits—a change in policy that had been set in motion by Former Defense Secretary Ashton Carter in 2016. Last night, the Department of Justice announced that it would not ask the Supreme Court to stay several injunctions requiring the military to go forward with Carter's plan—at least until a "study" that President Trump ordered is completed.

Posted by William A. Jacobson on December 21, 2017 25 Comments
One of the earliest, and dumbest, mantras of #TheResistance since Trump won the election was that Trump's continued business interests violated the Emoluments Clause of the Constitution.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. [ARTICLE I, SECTION 9, CLAUSE 8]

Posted by William A. Jacobson on December 12, 2017 44 Comments
Georgetown Law Professor Randy Barnett had a tweet on December 5, 2017, that I've been meaning to write about. It reflects a subject I, and others, have been focusing on since election night -- the refusal of Democrats and #NeverTrump Republicans to accept the outcome of the election not just emotionally, but as to the transfer of power that continues to this day, over a year since the 2016 election. Here is Prof. Barnett's tweet, referencing the attempt by outgoing CFPB Director Richard Cordray preemptively to install Leandra English as Interim Director over the objections of the Trump administration.
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