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Blog

Spokeo, Inc. v. Robins: A Possible Alternative Path to Standing

Normally to sue in federal court, a plaintiff must establish standing. There are three requirements for establishing standing: (1) an injury in fact, (2) a causal relationship between the injury and the defendant’s conduct, and (3) the injury would be redressed by a favorable court ruling.

05/18/2015
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Necessary and Proper Clause: A Declaratory Truth

The Necessary and Proper Clause is often called the “Elastic Clause” because it is believed to give Congress “implied powers” that government is assumed to possess without being mentioned in the Constitution. There is a problem with this view: a government that is able to expand its power through an “Elastic Clause” is more likely to abuse its power.

05/13/2015
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Is the Supreme Court the Supreme Law?

It has been assumed that once the Supreme Court issues a decision, the other courts in this country are bound to follow the decision for all future cases that fall within the announced rule. However, it can be argued that in most circumstances, neither the Constitution nor federal law requires other courts to follow the Supreme Court. Indeed, it has been the Supreme Court itself that has demanded that their decision be binding on future cases. This seems to be the type of usurpation of power is the type our Founders detested and the Constitution was meant to prohibit.

05/11/2015
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Next ObamaCare Challenge: The Origination Clause

“All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” – U.S. Constitution Article I, Section 7

04/06/2015
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Commerce Clause: Not a Grant of Unlimited Congressional Power

“To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes.”

04/03/2015
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Obama’s Private Army: Militarizing the Federal Agencies

Currently there are 73 federal agencies that have full-time armed officers with arresting authority. According to a 2008 report by the Department of Justice, there were 120,000 full-time law enforcement officers working for federal agencies and 24 different federal agencies employed at least 250 full-time officers. Federal agencies with at least 250 full-time officers included the U.S. Forest Service, U.S. Mint, U.S. Postal Inspection Service and the Veterans Health Administration.

03/20/2015
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Time for the Court to Address the Growth of the Administrative State

We have too long abrogated our duty to enforce the separation of powers required by our Constitution. We have overseen and sanctioned the growth of an administrative system that concentrates the power to make laws and the power to enforce them in the hands of a vast and unaccountable administrative apparatus that finds no comfortable home in our constitutional structure. The end result may be trains that run on time (although I doubt it), but the cost is to our Constitution and the individual liberty it protects. – Justice Clarence Thomas from his concurring opinion in Dep’t of Transportation v. Ass’n of American Railroads

03/13/2015
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Once Again, the Establishment Cries Foul Over a Stand for Principle

The "CRomnibus" government funding bill passed handily last weekend, but not before Senators Lee and Cruz had their say. In a controversial move, the two senators managed to put their colleagues on record voting for or against funding President Obama's latest unconstitutional executive power grab. Many Republican senators, however, protest too much, claiming that Lee and Cruz may have allowed the Democrats to pass a number of executive nominees because of their insistence upon making their point.

12/18/2014
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Watch SNL skewer Barack Obama's unconstitutional executive actions

The Saturday Night Live used its cold open last weekend to skewer the way President Barack Obama has redefined the lawmaking process through an unprecedented use executive orders and actions to get around Congress, the most recent example of which is the administration deferring action against some 5 million undocumented immigrants.

11/24/2014
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Supreme Court October 2014 Term Preview

The Supreme Court will begin its next term October 6 and will hear cases into June 2015. So far, the Court has accepted about 40 cases, which is about half of the expected argument docket.

10/06/2014

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