“Plaintiffs must realize that secrecy is yet another form of regulation, prescribing not ‘what the citizen may do’ but instead ‘what the citizen may know.’” US Appellate Court Judge Janice Rogers Brown “…the public has no interest in saving the government from the burdens of complying with the Constitution.” US District Court Judge Richard Leon […]
The First Republican Debate Group and the Constitution
August 9, 2015 by
President Obama has been criticized for overstepping constitutional boundaries with his governing approach dependent on his “pen” and his “phone”. The Supreme Court has made sweeping constitutional decisions regarding Obamacare and same sex marriage. Both the executive and the judiciary have been described as “lawless” in these and other contexts. That description principally addresses perceived […]
Book Review: The Partisan Divide: Congress in Crisis
February 4, 2015 by
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
July 23, 2014 by
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
June 26, 2014 by
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
March 2, 2014 by
“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
February 23, 2014 by
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
December 28, 2013 by
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
December 18, 2013 by
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
September 20, 2013 by
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 […]
