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Constitution 101: Federal Highway Funding Unconstitutional

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With a single headline, I just relegated myself to the political fringe. Federal highway funding is unconstitutional. Most people immediately dismissed this statement as out of hand. Extreme. Kookie. This illustrates just how far Americans have strayed from our constitutional roots. Notice what I did not say. I didn’t suggest the federal government shouldn’t fund […]

Constitution 101: First Amendment Establishment and Free Exercise Clauses

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… The establishment clause of the First Amendment probably counts as the provision in the Bill of Rights most twisted from its original purpose. The establishment clause was intended as a further limitation on federal power, prohibiting the establishment of […]

Constitution 101: Nullification

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So far in the Constitution 101 series, we’ve established that the Constitution created a limited federal government meant to exercise only specific, enumerated powers. All other authority remains with the states and the people. We also discussed the fact that the people stand as the sovereign in the system, and the Constitution was ratified by […]

Commerce Clause Does Not Trump the Second Amendment

Over the last couple of weeks, I’ve read comments from several “legal experts” asserting that the Constitution’s commerce clause allows for the regulation of firearms.  Granted, the Supreme Court would likely agree with that assessment. The Court has basically stretched the commerce clause to the point that it allows the federal government to do anything […]