CNN resurrected the old-school hatchet-job template for nullification articles this week. Andrew Kaczynski and Chris Massie breathlessly reported Alabama Republican congressional candidate Roy Moore "signed onto a resolution in 2010 affirming the right of states to nullify, or void, federal law." We haven't seen an anti-nullification story following this script in quite a while. But Kaczynski and..
Read moreTrump Following in Obama’s Footsteps with Healthcare EO
When Pres. Trump issued an executive order phasing out DACA last month, the administration made it a constitutional issue, accusing Pres. Obama of overreaching his authority when he created the Deferred Action for Childhood Arrivals (DACA) by executive order in June 2012. Now Trump is following in Obama's footsteps with his planned EO to expand access to..
Read moreNow’s the Time to Defend Constitutional Barriers
Caveat emptor. Seize the day. Or as Rahm Emanuel famously said, "You never want a serious crisis go to waste. And what I mean by that it's an opportunity to do things that you think you could not do before." The tragic shooting in Las Vegas has created yet another serious crisis, and politicians are already tripping..
Read moreIt’s Time to Break Up the Government Monopoly
People all over the world love to play Monopoly. As of 2013, Hasbro had sold more than 275 million Monopoly games in 111 countries. The game-maker produces it in 43 different languages. San Francisco jeweler Sidney Mobell created a version the game valued at $2 million, featuring a 23-karat gold board and diamond studded dice...
Read moreConstitutionally, Trump’s Opinion on Afghanistan Shouldn’t Matter
As a candidate, Pres. Trump called the war in Afghanistan "futile" and pledged to pull the U.S. out of the quagmire. But in a recent speech, the president announced a plan committed to extending and deepening U.S. military involvement in that country. Trump said he was now convinced “a hasty withdrawal would create a vacuum for..
Read moreThe Liberal Case for Absolute Freedom of Expression
Should society tolerate intolerance? Increasingly, many say no. A meme making its rounds on social media based on The Open Society and Its Enemies by philosopher Karl R. Popper argues that a tolerant society cannot tolerate intolerance. It features a cartoon image of a giant foot kicking a Nazi in the rear. Any movement that..
Read moreFeds Are Actually Limited in Using Funding to “Coerce” States
Sometimes emailers offer a good opportunity correct widely-held erroneous ideas. In a recent article, I asserted the federal government has very little power to force so-called "sanctuary cities" and states to enforce federal immigration law. Under a well-established legal principle known as the anti-commandeering doctrine, the courts have long held that the federal government cannot..
Read moreHow the Federal Fight Against Sanctuary Cities Undermines the Constitution
We all need to fight the temptation to abandon constitutional principles when they conflict with our policy preferences. I recently appeared on a radio show to talk about the Tenth Amendment and nullification. The conversation moved along marvelously as I explained Madison's blueprint, and how state and local governments can thwart unwarrantable federal actions (and..
Read moreMaine Governor Wants Feds to Bring the Hammer Down on His Own State
Gov. Paul LePage is doing it wrong. Instead of protecting the people of Maine from overreaching and unconstitutional federal overreach, he's begging the feds to trample on his state's sovereignty. You see, the Republican governor doesn't like marijuana. And he doesn't like the fact that the people of his state voted to legalize weed. He wants..
Read moreThe Constitution: A Tool for Decentralization and Liberty (Video-Speech)
On July 18, I spoke at the Libertarian Party of Kentucky District 3 meeting in Louisville, Ky. and explained why I believe the Constitution is so important. In a word - decentralization. (more…)
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