"10 Minutes Closer to Freedom" When it comes to the legal system, Americans make a federal case out of almost everything. But a guy in Iowa took a different route. When Iowa police violated his rights, he didn't run to the feds. He sued in state court under the Iowa Constitution. As a result, the..
Read moreA Big Win at the Supreme Court: Thoughts from Maharrey Head #113
"10 Minutes Closer to Freedom" If you care about state sovereignty, the Tenth Amendment, or limiting the federal government, the Supreme Court just handed you a huge victory! (It was also a big win if you want to legally bet on sports.) In this episode of Thoughts from Maharrey Head, I talk about the SCOTUS..
Read moreConstitution 101: The Judiciary and Judicial Review
The federal judiciary has arguably become the most powerful branch of the general government. Opinions issued by nine politically connected lawyers have redefined marriage throughout the entire United States, authorized the internment of American citizens and dictated what kinds of decorations cities can display in their parks. Federal courts were never intended to wield this..
Read moreGun People Need to Learn a Lesson from the Weed People
Gun people talk tough. "They can have my gun when they pry it from my cold, dead hand." But all the bluster disappears when talk turns to the Supreme Court and the possibility of an opinion that undermines the Second Amendment. The prospect of a Hillary Clinton Supreme Court nominee has turned millions of gun..
Read moreMore Madison; Less Tea Party Fundraising
The other day, I got a fundraising email from the Tea Party Patriots imploring me to pony up and help them "defend the Supreme Court." Our constitutional rights are in jeopardy if a conservative isn't nominated and approved to fill former Justice Antonin Scalia's shoes on the Supreme Court." If? Really? They make it sound..
Read moreThoughts from Maharrey Head #58: The Anti-Commandeering Doctrine
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I explain a legal principle known as the anti-commandeering doctrine that puts a Supreme Court stamp of approval on James Madison's blueprint to stop federal overreach through state non-cooperation. Last week, I talked about James Madison's blueprint to stop federal overreach, involving..
Read moreThoughts from Maharrey Head #38: Ask Me Anything
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I answer some listener questions. This week I am traveling, so I prerecorded an episode last weekend. I decided to do something a little different and tackle some listener questions. In this episode you will find out what piece of legislation I..
Read moreSupreme Court Hysteria
In the wake of Justice Antonin Scalia’s sudden and unexpected death, many on the right have gone into an absolute panic. There seems to be this sense that the very fabric of American constitutionalism could tear in half depending on whom Obama nominates to fill the newly created vacancy on the Court. It’s the “we..
Read moreThe Supreme Court: Living Under the Despotism of an Oligarchy
Thomas Jefferson observed, "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed...Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps." Yet many Americans still trust the..
Read moreThoughts from Maharrey Head #29: The Supreme Court Isn’t…
"10 Minutes Closer to Freedom" In this episode of Thoughts from Maharrey Head, I talk about the absurd, fallacious concept of absolute judicial supremacy. Most Americans believe the Supreme Court enjoys absolute supremacy in the American political system. After all, the word "supreme" is right in the name. They believe when the Supreme Court offers..
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