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Scalia and the Constitution
by Caleb Verbois
The original Originalist.
Tag: "Constitution of the United States"
Antonin Scalia’s Death: Inestimable Loss for Constitutionalism
by Dr. John A. Sparks
Requiescat in pace.
Has the President Exceeded His Authority on Immigration?
by Dr. John A. Sparks
by Dr. John A. Sparks on Jan 30, 2015 in Featured, Government & Politics, Law & Justice, The Economy 
Twenty-four states say Yes, he has.
The Post-Constitutional President
by Frank J. Gaffney, Jr.
Team Obama insists that next month’s presidential election is “a choice, not a referendum.” It sure seems to be with respect to the two candidates very different views on the Constitution. Mitt Romney makes plain at every turn his commitment to that document, while Barack Obama’s conduct in office has marked him as the post-constitutional […]
A Whirlwind Tour of the Supreme Court’s Commerce Clause Jurisprudence
by David J. Porter, J.D.
There is a widely held view that Congress has virtually unlimited power to legislate, especially concerning economic matters. Consider, for example, the passage of the controversial Patient Protection and Affordable Care Act two years ago. While Congress’ power to regulate the economy is not completely unbounded, it is very far-reaching indeed. However, it was not […]
Obamacare: Will It Withstand Constitutional Scrutiny?
by Dr. John A. Sparks
The U.S. Supreme Court is now poised to review the Patient Protection and Affordable Care Act, better known as “Obamacare.” The nine Justices will hear oral arguments totaling an unprecedented five-and-a-half hours beginning on March 26, 2012 and concluding on March 28. The usual allocation of time for Supreme Court oral arguments is just 60 […]
God and Man at CPAC: Facing the 2012 Election
by Dr. Marvin Folkertsma
Amidst the hoopla, cheers, and ear-piercing whistles of enthusiastic approval for Republican presidential nominees at this year’s Conservative Political Action Conference, several themes emerged. The most important of these centered on the conflict between what may be titled American foundationalism versus contemporary progressivism. Foundationalism embodies a family of concepts ordered hierarchically from God, the Declaration […]
Obama the Groper: Get Your Hands Off Our Rights!
by Matthew Tsakanikas
The newspeak and apologetics of HHS Secretary Kathleen Sebelius came straight out of George Orwell’s 1984. After pretending that President Obama allegedly reversed his mandate (his mandate that persons of good will should be forced to pay for abortifacients, sterilizations, and contraceptives), newspeak Kathy explained: “The President reached-out to religious groups.” It seems this Barack […]
President Obama and Justice Ginsburg on America’s “Rather Old Constitution”
by Dr. Paul Kengor
I’ve gotten some very interesting emails regarding President Obama’s mandate commanding Roman Catholics (and many evangelical Protestants) to violate their consciences by providing mandatory contraception, sterilization, and abortion-inducing pharmaceuticals. The emailers noted that Obama’s action will force Catholics to challenge the president in court, particularly given that bishops are saying they will not comply with […]
Supreme Court Sides with Church in Landmark First Amendment Ruling
by The Becket Fund
Today the Supreme Court decided its most important religious liberty case in twenty years, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission. The government lost 9-nothing as the Court unanimously rejected its narrow view of religious liberty as “extreme,” “untenable” and “remarkable.” The unanimous decision adopted the Becket Fund’s arguments, saying that […]
Obamacare: Constitutionally Infirm
by Dr. John A. Sparks
A three-judge panel of the U.S. Eleventh Circuit Court of Appeals has ruled that the key feature of the Patient Protection and Affordable Care Act, better known by many as “Obamacare,” is unconstitutional. The “individual mandate” portion of the legislation — a provision which requires all Americans to purchase health insurance or suffer a monetary […]
An Open Letter to the Libyan Rebels: Don’t Copy Our Mistakes
by Robert Struble, Jr.
Libyan rebels take heed. Since relatively little remains left over from the Gaddafi regime, the transition process provides the first chance in the Arab Spring for national replanting in newly plowed soil. Neither Egypt nor Tunisia enjoys such an opportunity. Lest your opportune moment be let slip, cautions and recommendations carry more urgency. Invariably the […]
The Folly of More Centralized Power
by Ray Nothstine
Americans’ satisfaction and feeling of connection with Washington has dwindled to an all time low. According to a recent Rasmussen survey, only 17 percent of likely voters believe that the federal government has the consent of the governed. The numbers are hardly surprising. Congress recently cut a deal to saddle Americans with trillions of dollars […]
Time for a Return to Checks and Balances
by Ken Connor
In December, 2007, the Boston Globe published a Q&A with then-candidate Barack Obama in which the subject of Executive War Powers was addressed. “In what circumstances, if any,” Charlie Savage asked, “would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress?” Mr. Obama’s answer was unequivocal in its condemnation […]
Monarchy and the American Constitution
by John Médaille
No matter how good a system is “on paper,” it must arise from a people’s own experience and tradition. We do not preserve the idea of tradition by destroying it — no matter how flawed it might be — and imposing an alien system. On the other hand, tradition is neither something fixed for all […]
Atheist Throws in Towel: 6-year Campaign vs. Pledge of Allegiance “Over”
by The Becket Fund
Atheist activist Dr. Michael Newdow announced on his website that after 6 years of litigation in federal courts, his constitutional challenge to the Pledge of Allegiance in California public schools is “over.” Newdow indicated for “reasons that are best not divulged” that he would not appeal the case to the Supreme Court. That leaves intact […]
Second Federal Judge Rules Against ‘Obamacare’ in 26-state Lawsuit
by Matthew Cullinan Hoffman
A second federal judge has ruled that President Barack Obama’s health care reform law, which subsidizes abortions, is unconstitutional. U.S. District Judge Roger Vinson, a Reagan appointee, ruled that the law violates the Constitution by requiring Americans to purchase health insurance or face a penalty, a provision that is set to begin in 2014. “I […]
