Tag Archives: Constitution

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 […]

Constitutionally, Trump’s Opinion on Afghanistan Shouldn’t Matter

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As a candidate, Pres. Trump called the war in Afghanistan “futile” and pledged to pull the U.S. out of the quagmire. But in a recent speech, the president announced a plan committed to extending and deepening U.S. military involvement in that country. Trump said he was now convinced “a hasty withdrawal would create a vacuum for […]

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 […]

Maine Governor Wants Feds to Bring the Hammer Down on His Own State

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Gov. Paul LePage is doing it wrong. Instead of protecting the people of Maine from overreaching and unconstitutional federal overreach, he’s begging the feds to trample on his state’s sovereignty. You see, the Republican governor doesn’t like marijuana. And he doesn’t like the fact that the people of his state voted to legalize weed. He wants […]

Thoughts from Maharrey Head #98: Fourth of July Fireworks and Nullification

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“10 Minutes Closer to Freedom” In this episode of Thoughts from Maharrey Head, I talk about how my Independence Day fireworks experience demonstrates the power of nullification. Despite all of the successes we’ve had at the Tenth Amendment Center over the last few years, whenever I talk about nullification, somebody wants to argue, “It will […]

James Madison and the Necessary and Proper Clause

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“Necessary and proper” ranks among the most abused clauses in the Constitution. It has been dubbed the “elastic clause” because of the perception that it allows the scope of federal power to expand. The federal government began abusing this clause within years of ratification. In 1800, James Madison countered these early abuses, forcefully arguing that […]