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Trump Following in Obama’s Footsteps with Healthcare EO

U.S. President Donald J. Trump and Former U.S. President Barack Obama wait to exit the east front steps for the departure ceremony during the 58th Presidential Inauguration in Washington, D.C., Jan. 20, 2017. More than 5,000 military members from across all branches of the armed forces of the United States, including reserve and National Guard components, provided ceremonial support and Defense Support of Civil Authorities during the inaugural period. (DoD photo by U.S. Air Force Staff Sgt. Marianique Santos)

When Pres. Trump issued an executive order phasing out DACA last month, the administration made it a constitutional issue, accusing Pres. Obama of overreaching his authority when he created the Deferred Action for Childhood Arrivals (DACA) by executive order in June 2012. Now Trump is following in Obama’s footsteps with his planned EO to expand access to […]

How the Federal Fight Against Sanctuary Cities Undermines the Constitution

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We all need to fight the temptation to abandon constitutional principles when they conflict with our policy preferences. I recently appeared on a radio show to talk about the Tenth Amendment and nullification. The conversation moved along marvelously as I explained Madison’s blueprint, and how state and local governments can thwart unwarrantable federal actions (and […]

Subverting the Constitution: Madison on General Welfare and Common Defense

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The words “provide for the common defense and general welfare” rank among the most abused phrases in the Constitution. I often refer to this as the “anything and everything clause.” Partisans on both the political left and right use “general welfare and common defense” to justify all kinds of federal actions, from wars to social […]

The Evolution of Sovereignty in American Political Thought: States’ Rights

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This is part 2 of a 2-part series examining the evolution of American political thought as it relates to sovereignty in the political system. You can read part 1 HERE. In the years leading up to the Revolutionary War, and continuing through the post-war era, Americans conceived and developed a revolutionary political idea. They came […]

The Evolution of Sovereignty in American Political Thought – Part 1

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This is part 1 of a 2-part series examining the evolution of American political thought as it relates to sovereignty in the political system. When Americans talk about the Revolution, they generally mean the fight with the British. But there was a more fundamental revolution that began long before the first shot was fired and […]

Thoughts from Maharrey Head #61 – The Real American Revolution

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“10 Minutes Closer to Freedom” We usually think of the American Revolution as the war with the British. But there was an even more fundamental revolution that began long before the first shot was fired – a revolution in political thought. I talk about it in this episode of Thoughts from Maharrey Head. In an […]

Thoughts from Maharrey Head #56: The Great “One Nation” Debate

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“10 Minutes Closer to Freedom” In this episode of Thoughts from Maharrey Head, I explain that the United States aren’t “one nation,” that the Pledge of Allegiance is not an authoritative statement of American founding principles and why it matters. I created a firestorm when I published an article taking Hillary Clinton to task for […]

Thoughts from Maharrey Head #54: What Is Necessary and Proper?

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“10 Minutes Closer to Freedom” I this episode of Thoughts from Maharrey Head, I talk about the Constitution’s necessary and proper clause. Hint: it doesn’t mean anything and everything. Politicians and legal academics often call the necessary and proper clause the “elastic clause” because it supposedly expands the powers of the federal government. In fact, […]

Words You Should Never Utter – “Federal Bathroom Policy”

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“Federal bathroom policy…” Words no American should ever utter. Ever. And yet here we are. Last week, the Obama administration issued bathroom directives to all public schools in the United States. Today, I eagerly await White House direction on how to wipe my butt. I challenge anybody to reconcile presidential bathroom directives with Madison’s words […]