Separation of Powers:

Another Constitutional Problem with Obamacare?

Another Constitutional Problem with Obamacare?

Back when the Patient Protection and Affordable Care Act was under consideration in Congress, there was talk about “death panels” the law would create to decide on what procedures would be authorized and what would not.  The use of the term “death panels” was roundly condemned as a scare tactic distortion of the proposed law.  [...]

Where’ the Work in Raising Five Sons?

Where’ the Work in Raising Five Sons?

So now let’s insult all the stay at home moms.  Writing in Sunday’s New York Times, Frank Bruni observes that “by the standards of Hilary Rosen, whose name and swipe at Ann Romney just possibly crossed your radar last week, my mother also never worked a day in her life, at least not after she [...]

Obama vs. Supreme Court

Obama vs. Supreme Court

PRESIDENT OBAMA SETS THE STAGE FOR A POLITICAL ASSAULT ON THE SUPREME COURT – Originally published on The Daily Caller 04/03/12 – President Obama says that the Supreme Court would be taking an “unprecedented, extraordinary step” by overturning the Patient Protection and Affordable Care Act (Obamacare), since the act was passed by “a strong majority [...]

Going It Alone at the White House

Going It Alone at the White House

Writing in today’s Wall Street Journal, Laura Meckler documents the ways in which the Obama Administration has expanded executive powers.

What Goes Around Comes Around

What Goes Around Comes Around

Professor and former federal judge Michael McConnell writes in today’s Wall Street Journal that Democrats should remember that President Obama’s executive overreach is precedent for overreach by Republican presidents in the future.  McConnell also confirms that the President’s “recess” appointments to the Consumer Financial Protection Bureau and the NRLB are almost certainly unconstitutional.

The need for new rules of military engagement

Republican members of Congress are pressing President Obama to comply with the War Powers Resolution by seeking Congressional approval for the military action in Libya.  The President ignores them on the implausible grounds that U.S. involvement in Libya is not hostile.  The problem, writes Charles Krauthammer in today’s Oregonian, is that we need new rules [...]

Badly Written Laws Require Judicial Activism

It’s rare that New York Times Supreme Court reporter Linda Greenhouse touts an opinion by Justice Antonin Scalia.   So when she does, conservatives and liberals alike should pay attention.  Greenhouse (and Scalia) hit the nail on the head in objecting that, while Senators routinely decry judicial activism in judicial confirmation hearings, vague, sloppily written legislation [...]

Fiscal Libertarianism and Divided Government

Fiscal Libertarianism and Divided Government

A few days ago, Jim Huffman argued that a “divided conservative vote is a sure prescription for a second Obama term.” From a fiscal libertarian perspective, however, it’s not clear that having a Republican in the White House is necessarily preferable to a second Obama term. The key assumption here is that Republicans will build [...]

Supreme Court Ruling Deals a Blow to State Sovereignty

Supreme Court Ruling Deals a Blow to State Sovereignty

By Jim Huffman – The United States Supreme Court’s recent decision in Brown v. Plata is certain to result in both praise and condemnation.  While there are clearly serious problems of overcrowding in the California prison, the critics have the better argument. The holding in the 5-4 majority’s opinion, written by Justice Anthony Kennedy, is [...]

The Supreme Court’s Prison Break

5/24/11 Wall Street Journal A 5-4 liberal majority orders the release of tens of thousands of prisoners. Yesterday the Supreme Court ordered California to release 46,000 convicted criminals—people who society has decided, through a fair and impartial judicial system, are dangerous or deserve to be punished. Justice Antonin Scalia, in a powerful dissent, calls it [...]