In episode 2 of Thoughts from Maharrey Head, I consider the constitutional ramifications of "net neutrality" regulations. Last week, the FCC unilaterally voted to regulate Internet service providers under a scheme known as "net neutrality." This raises a number of constitutional questions. Does the FCC have the constitutional authority to impose such regulations? Can Congress..
Read more133 Words or Less: There Was a Dress
Once upon a time, in a place called Oceania, there was a dress. The people of Oceania were fascinated by the dress. They spent hours each day discussing the coloring of the dress, and contentious debates often erupted. Was it gold and white? Or was it blue and black? Scientists delved into the reasons for..
Read morePodcast: Taking on the Anti-Nullifiers
In the inaugural episode of my podcast Thoughts from Maharrey Head, I take on the anti-nullifiers. They label us morons and call our efforts to limit federal power through state action illegal. But the anti-nullifiers are wrong. We're not morons, and we're not breaking the law. In this episode of Thoughts from Maharrey Head,..
Read moreConstitution 101: Privileges and Immunities
Article IV, Section 2 of the Constitution states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." Often referred to as the "comity clause," Alexander Hamilton called it "the basis of the union." In his paper Origins of the Privileges and Immunities of State..
Read more133 Words or Less: I Love the Constitution Until I Don’t
This quote from a Facebook comment sums up everything wrong with the “conservative” movement in America. I’m all for state's rights, but sometimes a federal rule makes sense! News flash: you aren’t really “all for state’s rights.” This particular individual wants the federal government to force every state to recognize every other state’s conceal-carry permit...
Read moreConstitution 101: Federal Highway Funding Unconstitutional
With a single headline, I just relegated myself to the political fringe. Federal highway funding is unconstitutional. Most people immediately dismissed this statement as out of hand. Extreme. Kookie. This illustrates just how far Americans have strayed from our constitutional roots. Notice what I did not say. I didn’t suggest the federal government shouldn’t fund..
Read moreObama’s AUMF Is Not Constitutional
Yesterday, Pres. Obama sent a request to Congress for an authorization to use military force against ISIS. The sudden push for congressional authorization for war with ISIS seems a bit odd considering the president asserts he needs no such authorization, especially given the fact that the U.S. has engaged in military options against ISIS since..
Read moreConstitution 101: First Amendment Establishment and Free Exercise Clauses
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... The establishment clause of the First Amendment probably counts as the provision in the Bill of Rights most twisted from its original purpose. The establishment clause was intended as a further limitation on federal power, prohibiting the establishment of..
Read moreConstitution 101: Natural Born Citizen
Article II Sec. 1 of the Constitution lays out requirements for the presidency, including a stipulation that “No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.” We find little debate about the reason..
Read morePolitical Sand Castles
Even as an adult, I love building sand castles. Having spent a big chunk of my life in Florida, I’ve built a lot, probably more than 100. Not one remains today. Now, this doesn’t exactly count as a profound revelation. Of course my sand castles didn’t survive. I built them out of sand. They lacked..
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