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 [...]

I’m at a loss. I don’t know what world can justify this, and can only hope that my readers will be just as appalled as I am, because I have nothing to add. WASHINGTON (AP) — Former Treasury Secretary Henry Paulson testified on Thursday that he pressured Bank of America Corp. last year to go [...]

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 [...]

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 [...]

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’ [...]

The Obama Administration is adopting some of the same legal theories that President Bush used to enhance the powers of the Presidency: A federal appeals court rejected the Obama administration’s attempt Friday to stop a judge in San Francisco from reviewing a challenge to the wiretapping program ordered by former President George W. Bush. Hours [...]

Ezra Klein, who is a majoritarian: Rather, I’d argue that the central question is “legitimacy.” We have a party-based electoral system that, particularly in the Senate, pushes towards a relatively even division of power. The question then becomes whether we’re more comfortable with the consequences of a system where the minority can block good policy [...]

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, [...]