“The government of the United States can claim no powers which are not granted to it by the Constitution, and the powers actually granted must be such as are expressly given or given by necessary implication.”
I want to mark John A. Bingham’s belated January 21 birthday with some of his most significant quotes from 1866 thru 1875 I have come across over the years from such sources as Congressional Globe, House Reports, public speeches and letters. Some will be an eye opener since they are so contrary to what scholars […]
The recent Ninth Circuit en banc decision in Gonzalez v. Arizona illustrates current erroneous understanding of the Elections Clause under Section 4 of Article I. At issue in this case was Arizona’s Proposition 200 that required prospective voters in Arizona to provide proof of U.S. citizenship in order to register to vote in both State […]
Summary: The prohibition against cruel and unusual punishments is a check against extralegal tribunals or discretionary acts of judges in imposing illegal and cruel punishments that are unknown to established law as practiced under the infamous court of Star Chamber. I thought it was about time to address the well-established ancient understanding of the Eighth […]
Since recess appointments have been getting a great deal of press attention lately, and because it appears Obama and Congress don’t have a firm understanding of the actual text and history of the clause; I thought would quickly explain the constitutional purpose of the recess clause beginning with its earliest roots. The recess clause to […]
Justice Thomas pointed out what many should already know from his lone dissent from the court’s denial of certiorari in Utah Highway Patrol Association v. American Atheists Inc. on Monday: Federal Establishment clause jurisprudence is “in Shambles.” The court’s refusal to hear the case brings to an end a lawsuit that has been contested since […]
“[A]ssembly to be peaceable, the usual remedies of the law are retained, if the right is illegally exercised.” —William Rawle I wish to briefly address the assertion the folks occupying Wall Street – and elsewhere – are merely exercising their First Amendment right to peaceful assembly. The constitutional provision to peaceably assemble extends no further […]
Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”) is a religious school in Redford, Michigan who terminated employment of a teacher and commissioned minister named Cheryl Perich after a disability-related leave of absence for narcolepsy. Perich taught a full secular curriculum along with religion and lead students in prayer. Perich filed a complaint with the Equal […]
Remember that trucking provision under NAFTA (The North American Free Trade Agreement), which was ratified in November of 1993, allowing Mexican trucks to access border States highways by 1995 and to all US highways by 2000? The trucking provision of the agreement has never been fully implemented due to safety concerns of Mexican trucks, which […]