Over at Findlaw, Cornell University Law Professor Michael Dorf criticizes the libertarian argument that a government requirement that every citizen purchase health insurance is unconstitutional:
A federal statute that was already in effect in 1994 provides that “all citizens shall have . . . an obligation to serve as jurors when summoned for that purpose.” To [...]

Former Republican Senator Bill Frist starts out the U.S. News And World Report article in which he comes out in support of a government requirement that each American have health insurance with what can only be described as a fair degree of irony:
I believe in limited government and individual responsibility, cherish the freedom to choose, [...]

After a piece last month in the Washington Post, which I wrote about here, lawyers David Rivkin and Lee Casey are back with a piece in the Wall Street Journal expanding on their argument that a requirement that every American buy health insurance would be unconstitutional. This time, they argue that, even under current commerce [...]

Two Hundred Twenty Two years ago in Philadelphia, the Constitution Convention in Philadelphia completed it’s work.
At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results, and as Benjamin Franklin emerged from the long task now finished, asked him directly: “Well Doctor, what have we got, [...]

Walter Williams asks a question that, unfortunately, nobody in power bothers to ask anymore:
A president has no power to raise or lower taxes. He can propose tax measures or veto them, but since Congress can ignore presidential proposals and override a presidential veto, it has the ultimate taxing power.
The same principle applies to spending. A [...]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. – Amendment X – Powers of the States and People. Ratified 12/15/1791.
Texas Governor Rick Perry (R) in his support of HCR 50, a resolution reaffirming Texas’ Tenth [...]

Orrin Hatch is undoubtedly merely responding to his constituents’ demands with this nonsense. The Utah Utes finished 13-0 last season, with notable wins over Michigan, Oregon State, ranked teams TCU and BYU, and a BCS bowl defeat of Alabama. It’s a pretty impressive resume. They were the only undefeated team in Div [...]

Judicial Watch, which was a thorn in the side of the Clinton Administration back in the 1990’s, has filed a lawsuit alleging that Hillary Clinton is ineligible to serve as Secretary of State:
WASHINGTON — A conservative watchdog group filed a lawsuit Thursday arguing that Hillary Rodham Clinton cannot legally serve as secretary of state, even [...]

This could get interesting:
A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those [...]

In what seems to be a follow-up to yesterday’s kerfuffle about Barack Obama’s comments about the Warren Court and redistribution of wealth, there’s now an audio clip of him from the same radio program discussing what he called a “fundamental flaw” in the Constitution:

I think it’s a remarkable document…
The original Constitution as well as the [...]

Eugene Volokh writes about a case in New Mexico that demonstrates the extent to which the right to decide who you do business with has been eroded in the name of so-called anti-discrimination laws:

Elaine Huguenin co-owns Elane Photography with her husband. The bulk of Elane’s work is done by Elaine, though she subcontracts some of [...]

The Cato Institute’s William Niskanen points out that limited government is unlikely to fare well regardless of who’s elected in November:
An administration and Congress of either party is likely to approve a federal program of universal health insurance. Such a program was endorsed by most of the presidential candidates in both parties, was implemented by [...]

That’s the interesting legal question posed by a case out of Vermont:
The federal government is asking a U.S. District Court in Vermont to order a man to type a password that would unlock files on his computer, despite his claim that doing so would constitute self-incrimination.
The case, believed to be the first of its kind [...]

Today’s New York Times reports that the Senate is about to consider a proposal to ban candy, soda, and fatty foods from the nation’s school cafeterias:
Federal lawmakers are considering the broadest effort ever to limit what children eat: a national ban on selling candy, sugary soda and salty, fatty food in school snack bars, vending [...]

He supports a Federal law banning smoking in public places.
Governor, do me a favor, please read this document, especially this part, then read this Amendment, and this one.
Now, tell me, where exactly does the Congress of the United States get the authority to regulate smoking in public places ?

Today, the Supreme Court upheld a nationwide ban on the controversial abortion procedure that has come to be called “partial birth” abortion:
WASHINGTON — The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench.
The 5-4 ruling said the Partial Birth [...]