Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

March 22, 2010

Lawsuits Await As ObamaCare Passes

Shortly, ObamaCare will be the law of the land, then the next round in the battle begins: WASHINGTON — The battle over health care is poised to move swiftly from Congress back to the country as Democrats, Republicans and a battery of interest groups race to define the legislation and dig in for long-term political […]

Posted By: Doug Mataconis @ 9:31 am || Permalink || Comments Off || TrackBack URI || Categories: Commerce Clause,Constitution,Federalism,Healthcare,Politics,Supreme Court
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March 21, 2010

ObamaCare, The Constitution, And The Next Round In The Health Care Wars

The Constitutionality of ObamaCare is apparently a subject that neither Nancy Pelosi, nor any other Member of Congress has given any consideration to. In today’s Washington Post, however, Law Professor Randy Barnett takes a look at the probable Constitutional challenges to the health care bill: Can Congress really require that every person purchase health insurance […]

Posted By: Doug Mataconis @ 4:55 am || Permalink || Comments Off || TrackBack URI || Categories: Commerce Clause,Constitution,Federalism,Healthcare,Individual Rights,Legal,Liberty,Politics,Supreme Court
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January 28, 2010

Is America Ungovernable?

Fundamentally, decisions are the marriage of facts and values, and although any government may have access to the facts, it does not have access to my values.

Posted By: Brad Warbiany @ 4:20 pm || Permalink || Comments (14) || TrackBack URI || Categories: Democracy,Federalism,Freedom,Liberty,Theory and Ideas
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October 22, 2009

Is An Individual Health Insurance Mandate Constitutional ?

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.” […]

Posted By: Doug Mataconis @ 4:27 am || Permalink || Comments (6) || TrackBack URI || Categories: Commerce Clause,Constitution,Federalism,Healthcare,Individual Rights
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September 18, 2009

Are Health Insurance Mandates Constitutional ?

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 […]

Posted By: Doug Mataconis @ 9:43 am || Permalink || Comments Off || TrackBack URI || Categories: Commerce Clause,Constitution,Federalism,Separation Of Powers,The Nanny State
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September 17, 2009

Happy Constitution Day

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 […]

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August 17, 2009

The Nuance Of Medical Marijuana Raids In California

One of Obama’s campaign promises was to stop federal raids on medical marijuana dispensaries which were allowed by state law. Many pundits (myself included) have been lambasting him for not living up to that promise based upon stories like these: Police raids on medical marijuana dispensaries continue–and continue with federal help, despite an Obama promise […]

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August 12, 2009

Can The Country Survive?

Over at QandO, Dale Franks suggests that we’re careening towards a fork in the road. If we keep on at our current pace, we will reach that fork. Will we go left or right? Dale suggests both: I’ve also said before–and every time I do, people like Oliver Willis call me crazy for saying it–we’re […]

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July 29, 2009

Where’s The Authority ?

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 […]

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July 1, 2009

Common Ground for the Left and the Right on the Bill of Rights

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June 12, 2009

Charles Lynch Sentenced to 1 Year and 1 Day in Prison

Read the news story here and reason‘s coverage here. The video below is Lynch’s response: While I’m not happy that Mr. Lynch is doing time for legally dispensing marijuana under California’s compassionate use law, he certainly could have received a much harsher sentence (up to 100 years). U.S. District Judge George Wu should be commended […]

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May 20, 2009

Let Us Fail

California’s in a world of hurt, exacerbated by the fact that we didn’t offer to give the state a whole bunch more money during our ballot propositions yesterday. There are a lot of reasons for our pain, but it really comes down to a state that never quite understood TANSTAAFL. They’ve been sold the lie […]

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May 1, 2009

No Secession, No Legitimacy!

Many Republicans, having discovered that Bush’s policies are tyrannical, are making noises about wanting out of the fascist state that they were cheering on a few months ago. While we may wonder why it took the trivial matter of having people who have the letter D appended to their names on news reports executing Bush’s […]

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April 23, 2009

Is It Time For A Federalism Amendment ?

Law Professor Randy Barnett thinks so: In response to an unprecedented expansion of federal power, citizens have held hundreds of “tea party” rallies around the country, and various states are considering “sovereignty resolutions” invoking the Constitution’s Ninth and Tenth Amendments. For example, Michigan’s proposal urges “the federal government to halt its practice of imposing mandates […]

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April 22, 2009

Why Ron Paul Is Wrong About Secession

In the wake of Texas Governor Rick Perry’s off-the-cuff comments last week that seemed to suggest he viewed the idea of seceding from the Union favorably, Texas Congressman Ron Paul has waded into the fray. First, he made these comments in a video posted by his Campaign for Liberty over the weekend: Then he expanded […]

Posted By: Doug Mataconis @ 9:26 am || Permalink || Comments (52) || TrackBack URI || Categories: Constitution,Federalism,History
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April 20, 2009

The Constitution really DOES mean what is says

This morning, the 9th circuit court of appeals confirmed that the 2nd amendment is indeed incorporated against the states under the selective incorporation doctrine, in the case Nordyke Vs. King. This means that the 2nd amendment has a lawful status equivalent to that of the first, fourth, fifth, and other amendments which explicitly protect our […]

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April 18, 2009

Gov. Rick Perry’s Tenth Amendment Stance: Principle or Political Pandering?

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’ […]

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April 4, 2009

$1.00

This is the amount a jury awarded the America hating professor, Ward Churchill in his civil rights lawsuit against The University of Colorado. Despite charges of academic misconduct “deliberate and repeated plagiarism, falsification, and fabrication” Churchill and his legal team turned his dismissal from CU into a First Amendment free speech issue. Maybe I don’t […]

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March 18, 2009

Posse Comitatus Alert: Military Deployed in Alabama to Aid with Murder Spree Law Enforcement Activities

As I was just interviewed by the Associated Press pertaining to federal troops being sent to Samson, Alabama immediately following a rampage last week which left 11 people dead, I’d thought I’d collect my thoughts on the issue here. Preliminary reporting includes these stories: the initial AP piece, USA Today, LewRockwell.com, and CNS News. The […]

Posted By: Stephen Gordon @ 10:57 am || Permalink || Comments (9) || TrackBack URI || Categories: Constitution,Federalism,Government Incompetence,Military
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February 22, 2009

A Good Compromise On Gay Marriage ? Not So Much

David Blankenhorn and Jonathan Rauch, who come from totally opposite sides of the same-sex marriage debate, offer this compromise in a New York Times Op-Ed this morning: It would work like this: Congress would bestow the status of federal civil unions on same-sex marriages and civil unions granted at the state level, thereby conferring upon […]

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