Note: This piece was originally written to counter anti-nullfication talking points in South Carolina. Nullification is historically, morally and philosophically the rightful remedy Doesn’t the Supremacy Clause make state nullification unconstitutional? No. The Supremacy Clause reads: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; …shall be the..
Read moreIt Looks Solid…But
I recently participated on a round-table discussion on the Tenth Amendment, political sovereignty, delegation of power and nullification on a talk show in Indiana. The panel consisted of me, two left-leaning lawyers and a right-leaning lawyer. I took two interesting observations away with me. Most telling was the fact that both of the lefties and..
Read morePlaying by the Rules
Have you ever tried to play a board game with a bunch of people who don’t really know the rules? Things usually start out OK, until somebody makes a questionable move. Then the arguments start, and things go downhill from there. Each player begins throwing out opinions and rule interpretations – all based on their..
Read moreI swear to protect and defend unicorns
Thursday marked the beginning of the 113th session of Congress, kicking off with Congress-critter swear-in day. All of the House members and one-third of the Senate took their oaths of office at noon. I wonder if a Guiness Book of World Record category exists for most people simultaneously telling a lie in one place? But..
Read moreBan Guns. Ban Booze.
In order to remain logically consistent, anybody favoring banning so-called “assault weapons,” or guns in general, must also support banning alcohol with equal passion. Ostensibly, gun banners hold their position based on a desire to protect lives and prevent tragedies. Obama alluded to this in a statement made in the wake of the horrible mass..
Read moreThe muddled thinking of a New York Times ‘intellectual’
Originally published at the Tenth Amendment Center On Dec. 30, the New York Times editorial page featured what has to qualify as one of the most intellectually vapid columns of the year. And considering the source, that’s saying something! Louis Michael Seidman says we simply must do away with our blind obedience to the Constitution!..
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