King v. Burwell: Senator Nelson’s Letter, The Irrelevant “Bombshell”
by Michael Cannon, CATO Institute The plaintiffs in King v. Burwell claim the Patient Protection and Affordable Care Act only offers premium subsidies, as the statute says, “through an Exchange...
View ArticleThe Myth of Marbury v Madison
The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it’s held that the Court...
View ArticleKing v. Burwell: The Latest Obamacare Mess at the Supreme Court
When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it was the kind of case in which the legislative intent was clear, but for one reason...
View ArticleMisreading McCulloch v. Maryland
The common understanding of the landmark McCulloch v Maryland case is that it argued in favor of broad congressional “implied” powers. But, an important scholarly paper shows this standard narrative to...
View ArticleMontana Gov. Bullock Vetoes Anti-Commandeering Bill: Ignorant of the Law, or...
Either Montana Gov. Steve Bullock doesn’t understand the constitutional relationship between his state and the federal government, or he’s a liar. On Friday, Bullock vetoed a bill that would have...
View ArticleNot So Fast: Court Ruling on NSA is no Victory
Many cheered headlines declaring that a federal appellate court struck down an NSA bulk surveillance program Thursday, thinking it means the end of the massive spy program. It doesn’t. In fact, it...
View ArticleThe Original Meaning of “Legislature” in the Constitution
Although Chief Justice Roberts’ Dissent in the Arizona Legislature Case Cited My Research, I Actually Agree With the Majority! In my last post, I discussed the effect on Colorado’s Taxpayer’s Bill of...
View ArticlePot Legalization: Obama, SCOTUS Defend Local Control Against GOP Attacks
by Ryan McMaken, Mises Institute The nullification of federal drug laws by Colorado, Washington, Oregon, and Alaska has for years been flipping the usual narrative on political parties in the United...
View ArticleThe President, the Court and Immigration
In 2014, President Barack Obama signed 12 executive orders directing various agencies in the departments of State, Justice and Homeland Security to refrain from deporting some 4 million adult...
View ArticleFederal Court Nullifies Federal Marijuana Laws Because States Did It First
The impact of state laws legalizing marijuana despite federal prohibition continues to grow and reverberate through the American political system from the bottom up. In 1996, California became the...
View ArticleWho Made the Supreme Court King?
The following is based on an excerpt from my book Out Last Hope: Rediscovering the Lost Path to Liberty. For the last 100 years, most Americans have assumed the federal court system, and ultimately...
View ArticleAn Unconstitutional “Gun to the Head”
Withholding federal highway funds from the state of California over its so-called “sanctuary state” policies would violate the Constitution and modern Supreme Court precedent. In conservative circles...
View ArticleSupreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth...
Earlier today, the Supreme Court issued its decision in Murphy v. NCAA. The Court’s opinion was rare in that it not only struck down a federal law that infringed on the reserved powers of the states,...
View ArticleBill Bradley, Call Your Bookie
In 1992, Congress passed a statute authored by then-Sen. Bill Bradley of New Jersey, who was a former Princeton University and New York Knicks basketball superstar, prohibiting the states from...
View ArticleAnti-Commandeering: An overview of five major Supreme Court cases
The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting federal...
View ArticleWhy “Precedent” Is a Bad Measure of a Law’s Worth
by Gary Galles, Mises Institute Whenever the Supreme Court’s end-of-the-term “announcement season” comes around, I am reminded of the importance of handling precedent correctly under a Constitution...
View ArticleIt’s Up to Us to Protect Our Gun Rights
The federal courts are so appallingly bad at upholding the U.S. Constitution and the Bill of Rights that when they seemingly get things right for once, it’s hard not to celebrate. However, we must...
View ArticleCity Council Should Bring Public Accountability to Police Surveillance
The city of Lexington sued me because I asked some questions about its surveillance technology. It sounds crazy, but in effect, that’s what happened. Now, after both the attorney general and a circuit...
View ArticleHow Heller Botched the Second Amendment
Ask any gun enthusiast about the basis or origins of our right to keep and bear arms, and many will undoubtedly bring up the landmark case District of Columbia et al. v. Heller, decided by the United...
View ArticleKing v. Burwell: Senator Nelson’s Letter, The Irrelevant “Bombshell”
by Michael Cannon, CATO Institute The plaintiffs in King v. Burwell claim the Patient Protection and Affordable Care Act only offers premium subsidies, as the statute says, “through an Exchange...
View Article