Misusing the Post Office and Necessary and Proper Clauses to Justify the Federal Monster State
One way apologists for the modern federal monster state attempt to justify it constitutionally is to argue that the Necessary and Proper Clause (Article I, Section 8, Clause 18) is an “elastic clause” conferring vast “implied” power on Congress. Actually, as Constitution’s advocates during the ratification battles made clear, the Necessary and Proper Clause grants […]
The Fascinating Story of How the States Used the Constitution’s Amendment Procedure to Adopt Reform, 1789-1913
Common sense tells us that an out-of-control Congress is not going to rein in its own power. The American Founders predicted this might become the case, so they provided a way by which the state legislatures could propose and ratify corrective constitutional amendments without Congress being able to stop them. This is the “state-application-and-convention” procedure […]
Want to push back against federal overreach? Arm yourself with constitutional information Sept. 30
Want to help push back against federal government overreach? Dave Kopel and I will be offering a one-time public class on the Constitution in Colorado Springs. The program, co-sponsored by the Colorado Springs Gazette and the Independence Institute, is called “A Constitutional Guide to Fighting Federal Overreach; A program for the Grassroots.” The class will […]
Is it a “tax” or not a “tax”? The original understanding
On September 8 the U.S. Court of Appeals for the Fourth Circuit dismissed two suits challenging Obamacare without ever reaching the merits. In the case brought by the Commonwealth of Virginia, the court held that Virginia did not have standing to challenge the insurance mandate on individuals. In the case brought by Liberty University, the […]
II Submits Brief Destroying Basis for Suit against Colorado’s Taxpayer Bill of Rights
The Independence Institute, through Dave Kopel as legal counsel, has submitted an amicus curiae (“friend of the court”) brief opposing the lawsuit to overturn Colorado’s Taxpayer Bill of Rights. The brief destroys the plaintiffs’ claim that by allowing citizens to vote on tax increases, Colorado is violating the U.S. Constitution’s requirement that all states have […]
The latest Obamacare case was wrong to uphold Medicaid expansion—Part II
On August 12, the U.S. Court of Appeals for the Eleventh Circuit struck down Obamacare’s mandate that individuals buy insurance, but upheld the Medicaid mandates imposed on states. As I already have explained, the Medicaid ruling was wrong under the Constitution’s original meaning. In this post, I explain why the ruling also is incorrect even […]
The latest Obamacare case was wrong to uphold Medicaid expansion—Part I
As noted in my last post, on August 12 the U.S. Court of Appeals for the Eleventh Circuit struck down as unconstitutional the Obamacare mandate that citizens purchase health insurance. However, the Court upheld the law’s massive expansion of the Medicaid program. Medicaid—part the 1960s “Great Society” mishmash now so widely understood to be a […]
Yet Another Court Voids Obamacare’s Insurance Mandates
On August 12, the United States Court of Appeals for the Eleventh Circuit held that the insurance mandate in the “Obamacare” health control law is unconstitutional. The Court ruled that the mandate exceeded Congress’s Commerce Power, and was not a “tax” under Congress’s Taxation Power. The ruling came in State of Florida v. U.S. Dept. […]
Confused About an Article V Amendments Convention? New Article Provides Answers
As I predicted in this column, Congress’s continued inability to deal effectively with the debt crisis is AGAIN provoking interest in bypassing Congress with one or more corrective constitutional amendments. We could do this if the state legislatures use their constitutional power to bring about what the Constitution calls a “convention for proposing amendments.” I’m […]
Debt deal shows once more that Congress can’t do the job
The latest debt deal illustrates Congress’s utter inability to deal with the mess it has gotten itself into. As more and more Americans realize this, pressure will build for an interstate “convention for proposing amendments” to solve the problem. (The Constitution authorizes the state legislatures to force an interstate convention for this purpose.) Here’s where […]
Can the President Raise the Debt Limit Unilaterally? Hell no!
Some people are claiming that if Congress fails to raise the debt limit, the President can raise it himself unilaterally. The claim is not only wrong, but far scarier for America’s future than a default would be. Typical of those arguing this way is Bruce Bartlett, the formerly conservative economist who in recent years has […]
The Unintended Constitutional Mistakes of “Cut, Cap, and Balance”
When you write a constitutional amendment, the devil is in the details. “Cut, Cap, and Balance” prescribed some details for a Balanced Budget Amendment (BBA). But those details were poorly thought-out, and might have given America a devil of a problem. Fortunately, Senate liberals—too short-term greedy to recognize their own long-term political interest—defeated Cut, Cap, […]
