Over 100 cases are in federal court challenging constitutional aspects of the Affordable Care Act. Most cases address a specific portion of the act and may alter a portion, but not overturn the entire law. Three cases have potential to doom the entire law. These cases involve the Constitution’s Origination Clause which requires that “…bills […]
Archives for February 2014
Constitutional Impeachment: An Alternative to Assassination
The Constitution‘s Impeachment Clause regarding the president and all civil officers of the United States is in Article II and reads: “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” The Constitution’s Article […]
11th Amendment Overrules the Supreme Court
The Supreme Court interprets the Constitution. If the Court makes an unpopular decision, the recourse is an amendment. This happened with the Eleventh Amendment. During the Revolutionary War a South Carolina merchant, Captain Robert Farquhar sold supplies to the State of Georgia on credit. Following the War, Georgia refused to pay Farquhar asserting that he […]
Book Review: The Second Revolution and The 2nd Amendment
“The laws that forbid the carrying of arms … disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an […]
What a President Can Legally Do With a Pen and a Phone, Part I
President Obama brought national attention to the idea of running the country by “executive order” with his now famous: “I’ve got a pen and I’ve got a phone”. He made that intent clear during the 2013 and 2014 State of the Union Addresses as well: “… if Congress won’t act soon … I will… I will […]
What a President Can Legally Do with His Phone and Pen, Part II
David Frost: you’re saying is that there are certain situations … where the president can decide that it’s in the best interests of the nation or something, and do something illegal. Richard Nixon: Well, when the president does it that means that it is not illegal.[1] “… if Congress won’t act soon … I will.” Barack Obama, […]