I’m a bit late to the party, but significant discussion has been made about a potential “repeal amendment” to the Constitution. Advocated by Randy Barnett, he suggests that it is a necessary counterpunch to the 16th and 17th Amendments, which together increased the Federal government’s ability to raise revenue to do what it likes while [...]

David Nolan, co-founder of the Libertarian Party and author of “The World’s Smallest Political Quiz” (to which the result is plotted on the “Nolan Chart”) is running against none other than the most recent Republican presidential nominee, Sen. John McCain for his senate seat. KTVK-3TV hosted a debate last Sunday which included Sen. McCain along [...]

I do not support Ken Buck in the Colorado senate race and I will not vote for him. Actually, between his extreme position on abortion, on banning common forms of birth control, and his sexist comments he made about his primary opponent, I think he is quite a jackass. But even as much as I [...]

In his post that started this debate, Brad Warbiany makes this point about the idea that the individual states have the power, or at least the right, to make declarations as to the Constitutionality of Federal laws: Nullification is the civil disobedience of Federalism. Is it legal? No. After all, the Supremacy Clause and judicial [...]

This post is a part of our continuing series Point/Counterpoint. I am taking the position that state Nullification of federal law is a legitimate action, and Doug Mataconis will respond tomorrow with a rebuttal. In memory of James Kilpatrick, we’ll dedicate this installment to him. In federal politics, states are party to an uneasy compact [...]

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject [...]

This past Monday, Samuel Alito, writing for the majority (with separate concurring opinions from Clarence Thomas and Antonin Scalia) in the case McDonald vs. City of Chicago and Village of Morton Grove; handed down what in 30 years will I believe, be held as one of (or perhaps half of a pair of, or the [...]

This is a segment in The Liberty Papers’ continuing “Point/Counterpoint” series. This post is the rebuttal to my co-contributor Michael Powell’s post here, making the point that “states’ rights” are an antiquated and poisoned concept. When I saw Michael’s post this morning, I was a little bit surprised. I was expecting him to make the [...]

Two contrasting stories out of the Supreme Court today, that bring home the fact that jurisprudence in this country is profoundly… hopefully not irreparably… broken. First, from the New York Times: NO MORE LIFE SENTENCES FOR MINORS WHO HAVEN’T MURDERED…. In yet another 5-4 ruling, the Supreme Court said this morning that incarcerated minors can’t [...]

As the debate over health care reform approaches it’s final hours in the House of Representatives, there’s been much discussion over the past week over a rather obscure topic — the internal operating procedures of the House of Representatives, and specifically the apparent intention of House Democrats to use something that has been called “deem [...]

From tonight’s State of the Union address: “Last week, the Supreme Court reversed a century of law to open the floodgates for special interests — including foreign corporations — to spend without limit in our elections,” Obama said. “Well I don’t think American elections should be bankrolled by America’s most powerful interests, or worse, by [...]

Brad just asked what people are reading today.  President Obama just provided some interesting reading material indeed. Here’s the opening text from an Executive Order dated January 11, 2010: EXECUTIVE ORDER ESTABLISHMENT OF THE COUNCIL OF GOVERNORS By the authority vested in me as President by the Constitution and the laws of the United States [...]

A recent article in the Washington Examiner by John Labeaume details the differing approaches to earmarks that two of most libertarian members of Congress have. This difference came out in a vote on an amendment that Flake wrote to H.R. 3791 which was the Fire Grants Reauthorization Act of 2009. The Flake amendment would ban [...]

One of the most pernicious clauses of the Constitution that has, through creative interpretation led to an expansion of the power of the Federal Government far beyond where it was intended is the Necessary and Proper Clause, which sits at the end of Article I, Section 8 and states as follows: To make all Laws [...]

Recently, Cato Institute Vice-President Gene Healy, author of , which I recently reviewed, spoke on Freedom & Prosperity Radio about his book and the rise of Executive Branch power in the United States. The whole interview is worth listening to.

Over the past 30 years, America has seen Presidential scandals ranging from Watergate to Iran-Contra to Travel-gate, Whitewater, the Lewinsky scandal, and the Valerie Plame affair. We’ve learned the truth about some of the truly nefarious actions undertaken by some of most beloved Presidents of the 20th Century, including the iconic FDR, JFK, and LBJ. [...]

From Ian Millhiser, who derides “tenthers”, the folks who actually believe the 10th Amendment was designed as a meaningful check on the federal government. More important, there is something fundamentally authoritarian about the tenther constitution. Social Security, Medicare, and health-care reform are all wildly popular, yet the tenther constitution would shackle our democracy and forbid [...]

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 [...]

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 [...]