Subscribe to The Constitution In The News

Book Review: The Partisan Divide: Congress in Crisis

Much of my writing on the Constitution is inspired by an effort to bring Americans together in understanding our founding principles.  The Constitution itself is not Republican or Democrat, liberal or conservative, it is American, but too often today Americans spend more time being confrontational while failing to seek our common ground.  This situation is […]

Halbig & King, Not Just About Obamacare, But Who Makes Our Laws

Obamacare is clearly not out of the legal woods, as demonstrated by the Federal Appeals Court decisions of Halbig v. Burwell[1] and King v. Burwell[2] both decided on the same day and reaching different results.   In Halbig the court found that the IRS had written law rather than enforced it and the King court found […]

Fourth Amendment Victory: Cell Phones Cannot be Searched Without a Warrant

In an age of NSA surveillance, secret courts issuing secret warrants, IRS officials allowing private data to be made public and more, it is important to take notice when the Supreme Court steps up and unanimously limits government intrusions in line with the intent of the Founders. Applying 18th Century constitutional commands in the modern […]

Court Approves “Heckler’s Veto” over Flag Wearing Students

“Freedom has more often been lost in small steps by progressive incrementalism, than by catastrophic upheavals such as violence or war.” –James Madison. A cut was sliced into the First Amendment‘s Free Speech protections on February 27, 2014 by the US Ninth Circuit Court of Appeals. The court upheld a California high school’s decision to […]

Three Court Cases That Should Doom Obamacare

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 […]

Two NSA decisions: One for the Constitution, One for the Government

On December 27, Federal Judge William Pauley, of the Southern District of New York, admitted everything that, on December 16th, Judge Richard Leon indicated was wrong with the National Security Agency’s Data Collection and Surveillance[1] program and, unlike Judge Leon, decided the program was reasonable, lawful and constitutional. Pauley Admits the Dangers to Liberty, but Trusts the Government […]

Courageous NSA Ruling by Judge Leon Respects Privacy and Fourth Amendment

On December 16, 2013 US District Court Judge Richard Leon took on arguments[1] that over the years have been used to expand government intrusion into American life in ways that would have left James Madison “aghast”.[2] His opinion in Klayman v. Obama finds much of the National Security Agency’s (NSA) surveillance collection of “telephony metadata” […]

Obamacare Contraception Mandate Reaches Supreme Court

On August 3, 2011 the Department of Health and Human Services and the Internal Revenue Service jointly issued what has become known as the contraception mandate. This required all employer health plans, including religiously based hospitals, schools, charities and private employers, to offer:  “…all Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and […]

Considerations in Filing a Claim in the BP Oil Spill Settlement

Please Note: The Final and Firm Deadline for filing a claim is: June 8, 2015 For more information use the contact form at the end of this article.   The April, 2010 BP Deepwater Horizon oil spill affected nearly every industry around the Gulf of Mexico. Individuals, non-profit institutions and businesses not directly associated with […]

The BP Oil Spill Court Approved Settlement Process

Please Note: The Final and Firm Deadline for filing a claim is: June 8, 2015 For more information use the contact form at the end of this article.   On April 20, 2010, a blowout, explosion, and fire occurred aboard the Deepwater Horizon, an offshore drilling rig, engaged in drilling activities on the “Macondo Well” off […]