Federalism, Separation of Powers, and Judicial Independence

       Federalist #78 highlights the importance of judicial independence, and the role that it plays in our nation’s system of checks and balances. Alexander Hamilton believed that the court needed to be independent in order to have the authority and ability to shut down legislation that gives the federal government extraconstitutional authority through the usurpation […]

Justice Gorsuch and the Rule of Law in His Own Words

“It is the role of judges to apply, not alter, the work of the people’s representatives.” Circuit Judge Neil Gorsuch, January 31, 2017 (After his nomination on January 31, 2017, Neil Gorsuch was confirmed by the Senate on April 7, 2017.  The title of this piece was altered to reflect that.) Over the next few […]

The Constitution, Art. I Section 1: All Legislative Power Granted to the Congress

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. This is the first sentence of the Constitution.  It appears quite simple.  The power to enact laws about the subjects listed in the Constitution is granted to the Congress, and the […]

Checks and Balances, Protecting Liberty Beyond Separation of Powers

The Founding Fathers were extremely suspicious of the concentration of government power in a single person or small group of people. To protect against concentrated power they designed the Constitution to separate the powers of government into three branches: legislative, executive and judicial, and divided sovereignty between the federal government and the states. For the […]

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 […]

The Constitution’s Twentieth Amendment: Limiting Lame Duck Mischief

The Twentieth Amendment to the US Constitution Explaining the need for the Twentieth Amendment is messy.  That is because despite the care taken in drafting, the Constitution left a few matters messy.  The Constitution provided terms of office for House members, Senators and the President.  It did not give dates for when those terms would begin.  It left […]

Howard Baker: A Profile in Courage We Need Today

The passing of Senator Howard Baker (R-TN) brings to mind a time when the US Congress was held in high esteem.[1]Senator Baker valued country above partisan politics. His passing provokes thoughts comparing the Congress of the 1970’s to the Congress of the 2010’s. A Distinguished Career Highlighted by a Famous Question Senator Baker served 18 […]

Book Review: The Conscience of the Constitution

I recently was fortunate to observe Tim Sandefur argue the unconstitutionality of Obamacare in the District of Colombia Court of Appeals under the Origination Clause.1 Following the arguments a symposium on the Origination Clause was held at the Cato Institute. After the symposium I met Mr. Sandefur and was introduced to his new book, The Conscience of the Constitution: The Declaration of Independence and the […]

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 […]

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, […]