The Origination Clause: Die Harder, ObamaCare!

Chief Justice John Roberts could begin his next Supreme Court decision regarding ObamaCare with the following statements: "Whoops, ObamaCare is unconstitutional.  As ObamaCare involves taxes, the House -- not the Senate -- was constitutionally responsible for originating ObamaCare." If Roberts … [Read more...]

Got Religion? HHS’ Mandate and the Founders’ “Religious” Employers

First Amendment: Congress shall make no law…prohibiting the free exercise [of religion]…or abridging the freedom of speech…or the right of the people peaceably to assemble… Lawyers at the U.S. Department of Health and Human Services (HHS) must ignore the First Amendment’s original meaning.  Since … [Read more...]

Hell or Horsewhipping? Religious Authority versus Government Force

In the United States, critics of such religious authorities as Catholic leaders often accuse religious authorities of “forcing” their followers to obey religious rules. For instance, the New York Times editorial board recently claimed that, by opposing the Obama administration’s … [Read more...]

Schools, Roads, and Bridges: You Can Build Those!

On July 13, 2012, President Barack Obama made the following remarks to Virginia voters while arguing for big government and higher taxes in the United States (emphasis added): Look, if you were successful, you didn't get there on your own…There was a great [public school] teacher somewhere in your … [Read more...]

Centro Tepeyac: Pro-Lifers’ First Amendment Martyr?

The First Amendment: Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble... On February 2, 2010, the Montgomery County (Mo Co) Council in Maryland commanded Centro Tepeyac and other area pro-life centers to "post at least 1 … [Read more...]

Medicine Chests, Guns, and 20¢: Precedents for ObamaCare?

Yesterday, the Washington Post’s Ezra Klein argued ObamaCare (2010) has legal precedent in supposed purchase-of-product mandates Congress passed in the late 1700s.  Similar to ObamaCare’s individual mandate to purchase health insurance, early Congresses passed such mandates to groups or individuals … [Read more...]

Via Mo Co, Maryland: Shrinking Local Governments

In President Barack Obama’s era of big government, many upset voters have justifiably focused on shrinking federal and state government.  However, voters should also shrink many local governments.  Just consider Montgomery County (Mo Co), Maryland, among America’s biggest local … [Read more...]

Copy the Thermometers? Scarcity and Rights to Medical or Health Care

If the good can be [copied or] taken (shared) without displacing the original, it is always nonscarce. If taking the original means that it can no longer exist in the possession of the original owner or possessor, it is a scarce good. -Jeffrey Tucker & Stephan Kinsella, 2010 For the past 70 … [Read more...]

Via RomneyCare: Do States Have Unlimited Powers?

Originally Published on American Thinker [T]he action of the state legislature is said to be valid and constitutional unless it comes into conflict with some provision of either [the] state or national Constitution. -W.F. Dodd, Yale Law Journal, 1919 Do state legislatures have unlimited powers?  It … [Read more...]

The ObamaCare Absurdity and the Creation of New Powers

An applicable individual shall[,] for each month beginning after 2013[,] ensure that the individual and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month…. If an applicable individual fails to meet the requirement…for [one] or … [Read more...]