Showing posts with label Commerce Clause. Show all posts
Showing posts with label Commerce Clause. Show all posts

Supreme Court Hides From Montana Gun Rights Issue

by Bob Unruh.        The High Court just says no to Tenth Amendment. Contending it is “fruitless” to expect that the federal government would rein in its own “lust” for tyranny, the instigator of a years-long conflict with Washington over the Interstate Commerce Clause says the battle is over. At least for now. Gary Marbut, president of the Montana     ... MORE

Barry Friedman: Guns, Pot And States Rights

Regulation is not prohibition.   Kansas recently adopted a so-called "Second Amendment Protection Act." The law provides that Kansans can ignore any federal law that attempts to regulate guns in Kansas if the guns in question were made in Kansas and stay there. It would apply, for example, to a federal ban on assault weapons. Yet more      ... MORE

Washington Times: The U.N. Is Coming For Your Guns

Obama administration is pushing for global arms control. The United Nations is deliberating over a treaty that will place comprehensive limits on the international weapons trade. The language of the draft agreement is so expansive it wouldn’t take an Obama-appointed judge very long to extend the treaty to cover the domestic firearms market ... MORE

VIDEO: The All-Powerful Commerce Clause

Politicians use it to control every facet of your life.

Gary Horne: What? The Magic Words Aren't Working!

The awful truth is beginning to dawn on the left. The magic words on which they have relied to make government grow may not work anymore. The consequences could be catastrophic for progressives. So it isn't hard to understand why the progressives would visualize a Supreme Court ruling against ObamaCare as "unprecedented." The case of Wickard  ... MORE

Adam J. White: Flunking Constitutional Law

Constitutional ignorance of presidential proportions. Last week, President Obama clumsily announced that it would be "unprecedented" for the Supreme Court to strike down "a law that was passed by a strong majority of a democratically elected Congress." This week, his words are already having an effect in the courts—but not the effect he hoped for.     ... MORE

Andrew C. McCarthy: Statism Goes To Court

Health care should not be a federal concern at all. Well, I can’t imagine that that — that the Commerce Clause would — would forbid Congress from taking into account this deeply embedded social norm.” This was Solicitor General Donald Verrilli on Day Two of the great Obamacare case. At issue was Affordable Care Act’s most controversial aspect:  ... MORE

Andrew Napolitano: The Real Question About ObamaCare

Can the government force you to eat broccoli?   This week, the Supreme Court measured Obamacare to see whether it fits within the confines of the Constitution. The big picture is whether the Constitution limits the behavior of the federal government to the plain meaning and historical context of the Constitution, or whether clever lawyers and politicians ... MORE

Thomas Sowell: Back To The Future?

What lies at the bottom of slippery slopes.   When a 1942 Supreme Court decision that most people never heard of makes the front page of the New York Times in 2012, you know that something unusual is going on. What makes that 1942 case -- Wickard v. Filburn -- important today is that it stretched the federal government's power so far that the Obama  ... MORE

Cal Thomas: Will The Supreme Court Protect Liberty?

What's at stake in the ObamaCare ruling.    Next week, the U.S. Supreme Court will hear three days of oral arguments in the healthcare lawsuit challenging the constitutionality of the Patient Protection and Affordable Health Care Act, otherwise known as "Obamacare." We now know the law was based on phony predictions about its cost. After    ... MORE

Damon W. Root: ObamaCare and Strict Scrutiny

The long slow death of conservative judicial restraint. In his recent opinion upholding the constitutionality of the Patient Protection and Affordable Care Act’s mandate that all Americans purchase health insurance, conservative 6th Circuit Judge Jeffrey Sutton adopted what used to be a very common conservative legal position: judicial deference. The battle over    ... MORE

Jacob Sullum: The Power To Mandate Almost Anything

Looking for limits. Opponents of the federal law requiring Americans to buy government-approved medical coverage face a daunting challenge. Because the U.S. Supreme Court has treated the power to "regulate commerce…among the several states" like Silly Putty since the New Deal, explaining why it cannot be stretched to cover the health insurance mandate is harder than you ... MORE

Thomas Bowden: Importance Of The Obamacare Litigation

What’s at stake in the Obamacare litigation? Much more, we are being told, than the viability of the Patient Protection and Affordable Care Act itself. What hangs in the balance, conservatives proclaim, is nothing less than the future of constitutionally limited government in America. Back in January, Judge Roger Vinson held that Congress exceeded its constitutional authority by  ... MORE