Keyword: commerceclause

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  • Reid's Push To Nationalize Police Unions

    06/15/2010 5:27:06 PM PDT · by Kaslin · 28 replies · 490+ views
    IBD Editorials ^ | June 15, 2010 | WARNER TODD HUSTON
    In an effort to please union backers ahead of the 2010 midterm elections, Senate Majority Leader Harry Reid is quietly trying to nationalize rules governing every police, fire and first responder union in the nation. Through the benignly named Public Safety Employer-Employee Cooperation Act (H.R.413), Reid wants all first responders represented by collective bargaining rules emanating from Washington D.C. Naturally this legislation is being pushed as a matter of "national security." Democrats' union supporters will greatly benefit from nationalized rules for police and fire unions. This plan would replace with federal rules state laws on collective bargaining between state and...
  • Obama Begins "Lifestyle Health Modification" Program, Mandating Behavioural Changes in US Society

    06/13/2010 6:15:05 PM PDT · by kirbyu · 214 replies · 5,976+ views
    Zero Hedge ^ | 6-13-10 | Tyler Durden
    Last week, with little fanfare, among the ever deteriorating oil spill crisis, the White House quietly noted the issuance of an executive order "Establishing the National Prevention, Health Promotion, and Public Health Council", in which the president, citing the “authority vested in me as President by the Constitution and the laws of the United States of America” is now actively engaging in "lifestyle behavior modification" for American citizens that do not exhibit "healthy behavior." At least initially, the 8 main verticals of focus will include: smoking cessation; proper nutrition; appropriate exercise
  • Sting and Soros Hook Up For A Duet Of Pro-Drug Stupidity

    06/11/2010 11:39:21 AM PDT · by Mozilla · 12 replies · 447+ views
    Big Hollywood ^ | June 11, 2010 | Kurt Schlichter
    Seeing that George Soros and Sting are working together to “end the drug war” puts me in mind of a story an Army buddy who works in the DEA told me about busting in the door of a drug house only to find three occupants – the oldest four years old, having been left in charge while his “parents” went out to score meth. Yeah, drug use is a victimless crime – if you ignore the victims. Apparently not content to subsidize the whining of the nonentities at Media Matters, Soros is taking a break from his adventures in currency...
  • The Tea Party and the Drug War

    06/07/2010 11:20:04 AM PDT · by bamahead · 100 replies · 144+ views
    National Review ^ | June 7, 2010 | Jeffrey A. Miron
    Voter dissatisfaction with Republicans and Democrats is at historic levels, and the tea-party movement is hoping to play kingmaker in the November elections. The country’s current breed of discontent is ideal for the tea parties, because economic concerns are foremost, allowing the movement to sidestep the divisions between its libertarian and conservative wings. As the elections near, however, voters will want to know where the party stands not just on the economy but on social issues. A perfect illustration is drug policy, where conservatives advocate continued prohibition but libertarians argue for legalization. Which way should the tea party lean when...
  • Lawsuit to feds: Constitution says, 'No you can't'

    06/01/2010 7:08:59 PM PDT · by Man50D · 24 replies · 1,059+ views ^ | June 01, 2010 | Bob Unruh
    The newest legal brief in a court challenge to Obamacare, the president's nationalization of health care across the U.S., says the Constitution simply doesn't allow the federal government to demand a payment for not doing something. The case was brought by the Thomas More Law Center on behalf of several individuals. It challenges the government's plan to force individuals to buy health-care insurance and pay for abortions, among other issues, or be penalized. It was brought in the U.S. District Court for the Eastern District of Michigan and seeks an injunction to halt the plan. Named as defendants in the...
  • Poll: Legalization of pot favored

    06/01/2010 10:18:18 AM PDT · by South40 · 33 replies · 562+ views
    Orance County Register ^ | 6/1/2010 | Martin Wisckol
    California voters favor the legalization of marijuana for personal use 49 percent to 41 percent, according to a LA Times/USC poll. The measure will appear on the November ballot. However, one-third of backers say they favor it only “somewhat.” A poll last month by the Public Policy Institute of California found the measure in a statistical dead heat, 49 percent to 48 percent.
  • An inconvenient constitutional truth

    05/25/2010 6:44:21 AM PDT · by NaturalizedCitizen · 6 replies · 384+ views
    Politico ^ | May 25, 2010 | Robert Levy
    Rand Paul has taken a principled — but politically incorrect — position, for which he’s being pilloried. the Supreme Court upheld the 1964 act, the law has a disputable constitutional pedigree. The Civil Rights Act addresses the conduct of private individuals, so it is not easily shoehorned into the 14th Amendment, which constrains only government conduct. And the act has nothing to do with reducing state-imposed obstacles to the free flow of interstate trade — so it should not have been legitimized under an original understanding of the commerce clause. The remedy in such cases is either to amend the...
  • Feds ask Va. health reform lawsuit be dismissed

    05/24/2010 7:55:33 PM PDT · by ConjunctionJunction · 44 replies · 2,450+ views
    AP ^ | May 24, 2010 | Bob Lewis
    RICHMOND, Va. – President Barack Obama's administration on Monday asked a federal judge in Virginia to dismiss the state's lawsuit alleging Congress overstepped its constitutional bounds with the new health care reform law. Health and Human Services Secretary Kathleen Sebelius argued in a motion filed hours before a midnight deadline that the law is well within the scope of the Constitution's Commerce Clause. Virginia's Republican attorney general, Ken Cuccinelli, filed suit in U.S. District Court in Richmond less than eight hours after Congress enacted the law. It argues that requiring people to buy health coverage or pay a fee exceeds...
  • Feds: States' growing gun-rights movement a threat

    05/21/2010 12:01:45 AM PDT · by Jet Jaguar · 63 replies · 1,749+ views
    WND ^ | May 21, 2010 | Bob Unruh
    The federal government is arguing in a gun-rights case pending in federal court in Montana that state plans to exempt in-state guns from various federal requirements themselves make the laws void, because the growing movement certainly would impact "interstate commerce." The government continues to argue to the court that the Commerce Clause in the U.S. Constitution should be the guiding rule for the coming decision. The argument plays down the significance of both the Second Amendment right to bear arms and the 10th Amendment provision that reserves to states all prerogatives not specifically granted the federal government in the Constitution....
  • Legalizing Marijuana, So Politicians Can Spend More Money

    05/17/2010 9:29:02 AM PDT · by OneVike · 55 replies · 939+ views
    ChicoER Gate ^ | 5/17/10 | Chuck Wolk
    Come November, Californians will have the chance to legalize marijuana for the specific purpose of raising revenues via taxes. We all knew that it would be just a matter of time before the same individuals would get enough signatures to put the legalization of marijuana up for a vote by the California citizens. It is a bit ironic when you consider how militant the same individuals wanting marijuana legalized have gone on a witch hunt against tobacco products. The attack on the tobacco industry began over 50 years ago when the Surgeon General forced the tobacco company's to label...
  • The Federal Fat Police:Bill Would Require Government to Track Body Mass of American Children

    05/13/2010 6:53:18 AM PDT · by Sub-Driver · 45 replies · 701+ views
    The Federal Fat Police:Bill Would Require Government to Track Body Mass of American Children Thursday, May 13, 2010 By Penny Starr, Senior Staff Writer ( - A bill introduced this month in Congress would put the federal and state governments in the business of tracking how fat, or skinny, American children are. The will would require states that receive federal dollars for health programs to track the Body Mass Index of children ages 2 through 18 annually through records collected by their health care providers. The legislation also requires the states to pass that data on to the Department of...
  • US files first defense of health care law in court

    05/12/2010 5:11:25 PM PDT · by Nachum · 22 replies · 670+ views
    google ^ | 5/12/10 | RICARDO ALONSO-ZALDIVAR
    WASHINGTON — Critics who allege that Congress overstepped the U.S. Constitution by requiring Americans to carry health insurance are "flatly wrong," the Obama administration said Wednesday in its first court defense of the landmark health care law. Congress acted well within its power to regulate interstate commerce and to provide for the general welfare, Justice Department lawyers argued in a 46-page brief filed in federal district court in Detroit. For the courts to overturn President Barack Obama's signature domestic legislation would amount to unwarranted interference with the policymaking authority of Congress, they added.
  • Texas church challenging city code preventing Sunday worship

    05/11/2010 5:03:15 AM PDT · by markomalley · 23 replies · 602+ views
    EWTN News ^ | 5/11/2010
    A small Protestant church in Leon Valley, an enclave within the city of San Antonio, is challenging a zoning code that prohibits the church from holding Sunday worship services. The city code excludes religious assemblies from some zoning areas because they decrease the city’s tax revenue and interfere with commercial activity. In 2007, revisions to the city code excluded churches from most of the city to maximize tax revenues, the Becket Fund for Religious Liberty reports. Auditoriums, convention centers, private clubs and schools are free to locate in the city’s retail zones, but churches are not. The Elijah Group, an...
  • Florida Suit Poses a Challenge to Health Care Law

    05/11/2010 5:42:44 AM PDT · by Blue Turtle · 16 replies · 815+ views
    Some legal scholars, including some who normally lean to the left, believe the states have identified the law's weak spot and devised a credible theory for eviscerating it. The power of their argument lies in questioning whether Congress can regulate inactivity -- in this case by levying a tax penalty on those who do not obtain health insurance. If so, they ask, what would theoretically prevent the government from mandating all manner of acts in the national interest, say regular exercise or buying an American car?
  • Legalize pot? Get mom onboard Activists target women in push to legalize marijuana

    05/08/2010 5:22:01 PM PDT · by Bad~Rodeo · 309 replies · 2,654+ views
    msnbc ^ | Sat., May 8, 2010 | KRISTEN WYATT
    DENVER - Moms got tougher drunk-driving laws on the books and were directly responsible for passing and then repealing alcohol Prohibition. Now marijuana activists are trying to enlist the nation's mothers in legalization efforts with a sales pitch that pot is safer than booze. The nation's largest marijuana legalization lobby recently started a women's group. The Moms4Marijuana website draws thousands. And just in time for Mother's Day, a pot legalization group in Denver has created a pink-carnation web card asking moms to support legalization. These marijuana moms argue that pot is no worse than alcohol, that teens shouldn't face jail...
  • FDA Raids Amish Farmer Dan Allgyer

    04/22/2010 2:54:13 PM PDT · by EllenMarie · 248 replies · 4,246+ views
    Kinzers, PA-At 4:30 a.m. on Tuesday April 20, Amish farmer Dan Allgyer went outside to begin milking his small herd of dairy cows. On the normally quiet Kinzer Road in front of his farm, just a few miles from the Nickel Mines Amish massacre of 2006, several unfamiliar vehicles drove slowly past. Two months prior, on February 4, FDA agents had trespassed on Allgyer's farm, claiming to be conducting an "investigation." Allgyer had suspected they would be back at some point, because many other small dairy farms around the country have been similarly treated by the FDA. Following is Dan's...
  • The Constitution...Who Cares?

    04/20/2010 10:08:43 AM PDT · by EternalVigilance · 30 replies · 771+ views ^ | April 20, 2010 | David M. Berman
    We hear a lot about the Constitution today. The “Tea Party” has been bringing up the Constitution along with many talk radio personalities like Glen Beck, Rush Limbaugh, Mark Lavin, and Sean Hannity. I have been writing, and speaking about the Constitution for years. But two questions must be asked; 1) Who cares? & 2) Why should we care? These are very important questions since it is clear that at least 50% of Americans are clueless (I am being generous, there are a lot more that are clueless) about the principles of liberty and the founder’s brilliance in forming our...

    04/19/2010 11:25:28 PM PDT · by ForGod'sSake · 171 replies · 4,029+ views
    PRWeb ^ | April 19, 2010 | Tony Shreeve
    In a new twist on lawsuits against Obamacare, TN attorney Van Irion filed a national class action in Federal court. The suit challenges Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the Commerce clause precedent, arguing that current precedent in effect destroys the intent of the Constitution and specifically the 10th Amendment. (PRWEB) April 19, 2010 -- Over 10,000 Americans have joined a lawsuit against Obamacare ( In a new twist on lawsuits against Obamacare, TN constitutional attorney and congressional candidate ( Van Irion...
  • FDA plans to limit amount of salt allowed in processed foods for health reasons

    04/19/2010 9:18:34 PM PDT · by Ken H · 90 replies · 1,436+ views
    Washington Post ^ | April 20, 2010 | Lyndsey Layton
    The Food and Drug Administration is planning an unprecedented effort to gradually reduce the salt consumed each day by Americans, saying that less sodium in everything from soup to nuts would prevent thousands of deaths from hypertension and heart disease. The initiative, to be launched this year, would eventually lead to the first legal limits on the amount of salt allowed in food products. The government intends to work with the food industry and health experts to reduce sodium gradually over a period of years to adjust the American palate to a less salty diet, according to FDA sources, who...
  • Putting Obamacare on Trial - Health reform will be at the center of the upcoming Supreme Court...

    04/12/2010 8:47:35 AM PDT · by neverdem · 3 replies · 596+ views
    NATIONAL REVIEW ONLINE ^ | April 12, 2010 | Michael Barone
    Putting Obamacare on TrialHealth reform will be at the center of the upcoming Supreme Court hearings.  The retirement of Justice John Paul Stevens means that in coming months we’ll have another hearing on a Supreme Court nominee. But it’s not likely to be the sort of hearing we got used to in the two decades after Edward Kennedy declared war on Robert Bork in 1987. Nomination fights in those years centered on the issue of abortion. Many Republicans hoped and most Democrats feared that Republican nominees would vote to overturn Roe v. Wade. Democrats launched ferocious and often unfair attacks...
  • Congressional over reaching 1990 Gun-Free School Zones Act might shoot Obamacare in the heart

    04/06/2010 6:14:09 AM PDT · by jmaroneps37 · 27 replies · 1,747+ views
    The Collins Report ^ | April 6, 2010 | Kevin "Coach" Collins
    When a San Antonio high school senior was arrested for bring a .38 handgun to school in 1992 a chain of events started that some legal scholars believe will end up shooting down Obamacare. The kid’s conduct violated a relatively new law making the possession of a gun in a school a federal crime over and above any state law. The Gun-Free School Zones Act of 1990 and the Commerce Clause For reasons not immediately clear the kid fought the law all the way up to the United States Supreme Court where his conviction on the federal charge was overturned...
  • Vanity: Arizona Enacts Firearm Freedom Act!

    04/05/2010 5:46:59 PM PDT · by Still Thinking · 49 replies · 1,585+ views
    April 5, 2010
    Governor Jan Brewer (R) today signed HB2307, Arizona's version of the Firearms Freedom Act, making Arizona the sixth state, behind Montana and Tennessee, who passed theirs in 2009, and Wyoming, Utah, and South Dakota which did so earlier this year.For those not familiar, the FFA is a Tenth Amendment as much as a gun rights issue, declaring firearms and accessories manufactured, sold and used within the state to be beyond the reach of federal regulation.After Montana and Tennessee had the audacity last year to pass legislation after actually having read the Constitution, the ATF sent a letter to FFL's in...
  • Texas case could decide health care reform suit

    04/03/2010 9:53:07 PM PDT · by smokingfrog · 38 replies · 1,799+ views ^ | 4-3-10 | Dan Freedman
    A Texas high school student's decision to bring a .38-caliber handgun to school in 1992 could end up at the center of the legal fight over President Barack Obama's health care reform plan. Alfonso Lopez Jr.'s arrest at Edison High School in San Antonio set in motion a legal battle that may prove crucial to 13 state attorneys general fighting the new law. Lopez, a senior when he was arrested for handgun possession in March 1992, ended up facing federal charges of violating the Gun-Free School Zones Act of 1990. But the Supreme Court, on a 5-4 vote, threw out...
  • Elect more nonconforming libertarian-Republicans

    04/03/2010 10:51:43 AM PDT · by rabscuttle385 · 213 replies · 2,534+ views
    Renew America ^ | 2010-04-03 | Bonnie Alba
    "If you analyze it I believe the very heart and soul of conservatism is libertarianism." — Ronald Reagan Nonconformist: of or characterized by behavior or views that do not conform to prevailing ideas or practices. Recently Fox's Glenn Beck offered citizens a quiz to pinpoint where they fall in their political beliefs. The Nolan Chart ( provides questions which when answered honestly will place the responder somewhere on the political spectrum depicting conservative-libertarian-liberal-statist-centrist sections. Citizens who consider themselves conservative might be surprised to find they're somewhere between conservative and libertarian. Commentators have had a difficult time labeling tea party citizens....
  • Dopey Conservatives for Dope

    03/30/2010 7:53:02 AM PDT · by AIM Freeper · 96 replies · 1,109+ views
    Accuracy in Media ^ | March 29, 2010 | Cliff Kincaid
    The conservative website, owned by the Salem Communications company, a Christian firm, is distributing a column by Steve Chapman claiming that the legalization of marijuana will somehow undermine the power of the Mexican drug trafficking organizations and usher in a new era of peace and tranquility north of the border. The silly column more appropriately belongs on a website associated with George Soros, the moneybags behind the drug legalization movement. "Mexico is the biggest supplier of cannabis to the United States," he writes. "Control of that market is one of the things that Mexican drug cartels are willing to...
  • Notice of Hearing April 14 Health Care Lawsuit

    03/29/2010 8:20:39 PM PDT · by Elderberry · 105 replies · 4,386+ views
    Scribd ^ | 3/29/2010 | WILLIAM M. McCOOL, CLERK OF COURT
    WILLIAM M. McCOOL, CLERK OF COURT Case 3:10-cv-00091-RV-EMT Document 4 Filed 03/29/10 Page 1 of 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STATE OF FLORIDA, ET AL. VS UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al. NOTICE TAKE NOTICE that a proceeding in this case has been set for the place, date, and time set forth below: Place: United States Courthouse One North Palafox Street Pensacola, Florida 32502-5658 Room No: Date: Time: Courtroom Five April 14, 2010 9:00 a.m. CASE NO. 3:10cv91/RV/EMT Type of Proceeding: Rule 16 Scheduling Conference before Senior Judge Roger Vinson...
  • Courts Can Stop Obamacare

    03/28/2010 11:15:53 AM PDT · by raptor22 · 38 replies · 935+ views
    Washington Times ^ | March 28, 2010 | Daren Bakst
    Even if Republicans take over Congress in November, they'll probably lack the numbers required to repeal Obamacare over the veto of its namesake. In the short run, then, the only way to fight this massive expansion of federal government is through the courts. If the Supreme Court dares to rule the legislation unconstitutional, there will be cries from the liberals of judicial activism and political bias. Nothing, however, would be further from the truth. It's the members of Congress who, knowing and ignoring the constitutional problems with the health care bill, have put the courts in this unfortunate bind. They...
  • Health Care bill unconstitutional, SCOTUS challenge inevitable

    03/27/2010 4:19:57 PM PDT · by Danae · 74 replies · 1,897+ views ^ | 3-27-2010 | Dianna Cotter
    While the left is still cheering on the passage of its Holy Grail legislation (“Nationalized Health Care”), jubliation is still rampant in the socialst leaning streets of Portland Oregon. But reality is beginning to set in. However, in just the last few days, companies who must file disclose their obligations when any of their revenue expectations shift beyond a certain threshold, have begun to do so. Because of Nationalized Health Care, large companies including ATT, John Deere &Co., Caterpillar, AK Steel, 3M, and Valero Energy have all by law begun releasing their revised corporate outlooks because they have been dramatically...
  • Obama's constitutional malpractice: Health care plan would make the Founders sick

    03/24/2010 7:13:58 PM PDT · by Abakumov · 10 replies · 508+ views
    The Washington Times ^ | March 24, 2010 | Editorial
    The states fighting Obamacare in court are concerned with more than just health care. At stake are two fundamental views of the nature of the Constitution. In one, government power is limited. It enables and supports human liberty, serves as a referee to keep the game fair and punishes criminals who break the law. In the other view, government is a coercive mechanism that aims at perfecting a social vision in which personal freedom takes a back seat to the utopian plan where the ends justify the means. The lawsuits arising from the government health care takeover will help to...
  • Please Don't Kill The Healthcare Messenger

    03/23/2010 5:31:34 PM PDT · by jay1949 · 34 replies · 840+ views
    Annuit Coeptis ^ | March 23, 2010 | Jay Henderson
    Last August, I had the unpleasant task of predicting that “the healthcare wars will be over by 2012, and the Democratic left will have won.” It’s a while yet until 2012, but the passage of H.R. 3590 makes it virtually certain that this prediction will prove out. There's more bad news -- the chances of court actions overturning the law are virtually nil.
  • Elections Could End, Thanks to Obama

    03/23/2010 11:01:48 AM PDT · by molybdenum · 82 replies · 2,282+ views
    World Net Daily ^ | 3-23-10 | WND
    Talk-radio icon Rush Limbaugh today suggested the existence of U.S. elections is now threatened by a move he expects President Obama to pursue – a mass amnesty for illegal aliens – following the passage of his massive health-care reform plan. "The next big push will be amnesty for ... millions of illegal immigrants who are here," he said on his radio program. "Obama's gonna need their votes in 2012. The Democrats are going to need their votes in every election from now on – if we have elections, and I'm not joking. "The Constitution has just been ripped to shreds,...
  • Obamacare Is Dead and Here's Why [Obamacare Ongoing Thread]

    01/25/2010 11:27:02 PM PST · by JustPiper · 3,198 replies · 23,816+ views
    Town Hall ^ | 1-26-10 | Robert A. Levy
    As the Massachusetts blame game unfolds, the president’s unpopular health bill leads the list. But the substantive provisions of the bill were just part of the problem. Perhaps more important, voters were appalled by how the deal unfolded. Consider the pre-election giveaway to the labor unions. Negotiators agreed to exempt union contracts until 2018 from the tax on so-called Cadillac health-insurance plans. That backroom bargain not only outraged the voters, it also violated the Fifth Amendment to the Constitution, requiring the federal government to extend equal protection of the laws to all U.S. persons. Of course, not all voters...
  • Obama is AWOL in the Drug Wars

    03/18/2010 7:11:58 AM PDT · by AIM Freeper · 27 replies · 390+ views
    Accuracy in Media ^ | March 17, 2010 | Cliff Kincaid
    On March 1, Ethan Nadelmann of the Drug Policy Alliance had expressed pleasure that "Obama and his Drug Czar, Gil, have made it clear that they don't want to talk about marijuana at all." Nadelmann considered the silence to mean assent to his agenda of marijuana decriminalization and legalization. But just three days later, in a dramatic development, Gil Kerlikowske, the director of the White House Office of National Drug Control Policy (ONDCP), came out in strong opposition to almost everything that Nadelmann and his "progressive" backers represent. In a major speech on March 4, Kerlikowske denounced the use of...
  • Keep Your Laws Off My Body

    03/03/2010 7:07:39 AM PST · by Kaslin · 236 replies · 1,974+ views ^ | March 3, 2010 | John Stossel
    "It's a free country." That's a popular saying -- and true in many ways. But for a free country, America does ban a lot of things that are perfectly peaceful and consensual. Why is that? Here are some things you can't do in most states of the union: rent your body to someone for sex, sell your kidney, take recreational drugs. The list goes on. I'll discuss American prohibitions tomorrow night at 8 and 11 p.m. Eastern time (and again on Friday at 10) on my Fox Business program. The prohibitionists say their rules are necessary for either the public's...
  • Proposed Bill May Destroy Freedom of Access to Nutritional Supplements (McCain + a Democrat)

    02/25/2010 5:29:52 AM PST · by webschooner · 47 replies · 1,328+ views ^ | 2-19-2010
    McCain-Dorgan Bill could make nutritional supplements available only by doctor’s prescription; stifling natural product innovation. (FORT LAUDERDALE, Fla.) - Ironically, in the middle of American Heart Month 2010, the U.S. Senate is weighing a proposed amendment to the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321) that could deny freedom of access and mandate a doctor’s prescription for many dietary supplements, like purified fish oil, which could become seven times more expensive than it is today. Senators John McCain (R-AZ) and Byron Dorgan (D-ND) have dubbed their new bipartisan bill the “Dietary Supplement Safety Act of 2010.” A reading...
  • 'Constitutional' conservatives -- not

    02/24/2010 3:24:36 AM PST · by Scanian · 178 replies · 1,391+ views
    NY Post ^ | February 24, 2010 | JACOB SULLUM
    The day before last week end's Conservative Political Action Conference in Washington, a group of prominent conservatives gathered a few miles away at the Virginia estate of our first president. Their Mount Vernon Statement swears fealty to a "constitutional conservatism" that "applies the principle of limited government based on the rule of law to every proposal" and "honors the central place of individual liberty in American politics and life." If only they meant it. Constitutional conservatism certainly sounds better than "compassionate conservatism," which turned out to be code for big-government conservatism. And it is easy to hope that the thread...
  • ATF Tries to Revoke "Montana Made" State Sovereignty Laws [Firearms Freedom Acts]

    02/21/2010 9:46:46 AM PST · by fight_truth_decay · 155 replies · 4,631+ views
    National Association for Gun Rights Mail ^ | 02/20/2010 09:02:31 am | National Association for Gun Rights
    We all predicted this would happen. In a move typical for that fear-mongering organization with an ever-swelling acronym, the BATFE has written gun dealers in the states of Montana and Tennessee to let them know the BATFE will be disregarding the states' sovereign gun laws. The "Montana Made" law, just like Tennessee's Firearms Freedom Act, is very simple. Much of the claimed federal authority to regulate firearm sales and transfers stems from a liberal interpretation of every American tyrant's favorite subterfuge, the "interstate commerce" clause. In essence, this is what gives the BATFE its nasty teeth. With this in mind,...
  • Wyoming considering 2nd amendment nullification law - Jail Time for Federal Agents who violate

    02/16/2010 6:42:04 PM PST · by Jeff Head · 142 replies · 3,831+ views
    NAtional Expositor - 10th Amendement Center ^ | February 16, 2010 | Jeff Head
    In 2009 Montana and Tennessee passed state laws for the 2nd amendment nullifying Federal efforts. Now, Wyoming is on the verge of passing one with some teeth, and 21 other states are considering it. Come on Idaho and Texas and all you others. Time to step up to the plate and restore the Constitution! State Representative Allen Jaggi has introduced a “Firearms Freedom Act” (FFA) for the state – it’s filed as House Bill 95 (HB95). While the FFA’s title focuses on gun regulations, it has far more to do with the federal violations of the commerce clause. If...
  • Federal government responds to Montana Firearms Freedom Act

    01/22/2010 6:59:46 AM PST · by Still Thinking · 130 replies · 3,766+ views
    Cleveland gun Rights Examiner ^ | January 22, 2010 | Daniel White
    The United States government has filed a Motion to Dismiss the lawsuit filed by the Montana Shooting Sports Association and the Second Amendment Foundation. The suit was filed the support the Montana Firearms Freedom Act which declares that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states. The argument is that the Federal government has overstepped its authority in attempting to regulate and tax firearms that never cross a state border. The Feds counter that it is a valid exercise of commerse power because even sales of...
  • Health 'reform' vs. the Constitution

    01/16/2010 3:33:23 AM PST · by Scanian · 11 replies · 668+ views
    NY Post ^ | January 16, 2010 | George F. Will
    Although Democrats think their health-care legislation faces smooth sailing to implementation, there is a rock dead ahead -- a constitutional challenge to the legislation's core. Democrats who assume it is constitutional to make it mandatory for Americans to purchase health insurance should answer some questions: Would it be constitutional for the government to legislate compulsory calisthenics for all Americans? If not, why not? If it would be, in what sense does the nation still have constitutional, meaning limited, government? Supporters of the mandate say Congress can impose it under the enumerated power to regulate interstate commerce. Since the New Deal,...
  • Discussion on the intent of the Commerce Clause

    12/25/2009 1:56:41 PM PST · by Jim Robinson · 263 replies · 5,877+ views
    Dec 25, 2009 | Jim Robinson
    Senator Diane Feinstein (D-Calif.) said that Congress has the authority to mandate that people buy health insurance and that there is no constitutional limit on Congress’ power to enact such mandates, adding that this unlimited authority stemmed from the Commerce clause of the Constitution. And apparently 59 other Democrat senators agree with her. It is my understanding that the intent of the commerce clause is to assign the responsibility of regulating commerce (the transportation and trading of goods with foreign Nations, and among the several States, and with the Indian Tribes) to the central government, taking the law-making responsibility for...
  • Health Care Not In Constitution

    12/23/2009 5:08:51 PM PST · by Kaslin · 29 replies · 1,647+ views ^ | December 23, 2009 | INVESTORS BUSINESS DAILY Staff
    Self-Evident Truths: Sen. Dianne Feinstein says it comes under the Commerce Clause. Rep. Steny Hoyer says it's mandated by the "general welfare" clause. Despite liberal wishes, health care is not a right. The "living Constitution" that Democrats and their court appointees have given us may be the death of our freedoms. Their constitution adapts to the times and serves the whims of the elitists. The Constitution is supposed to limit government powers. It does not allow government to do anything it feels like doing. Cass Sunstein, the head of the Office of Information and Regulatory Affairs, is the author of...
  • Feinstein 'Assumes' Commerce Clause Gives Congress Unlimited Authority to Mandate Health Insurance

    12/23/2009 1:36:25 PM PST · by IbJensen · 120 replies · 2,614+ views
    CNS News ^ | December 23, 2009 | Fred Lucas
    ( – Senator Diane Feinstein (D-Calif.) said that Congress has the authority to mandate that people buy health insurance and that there is no constitutional limit on Congress’ power to enact such mandates, adding that this unlimited authority stemmed from the Commerce clause of the Constitution. The health care bills in both the House and Senate require that every American purchase a health insurance policy. At the Capitol on Tuesday, asked Sen. Feinstein: “Where in the Constitution does Congress get the authority for an individual health insurance mandate?” Feinstein said: “Well, I would assume it would be in the...
  • Ruth Marcus, the Health Care Reform Bill, the Commerce Clause, and the Ensuing Nonsensical Result

    12/03/2009 6:24:58 AM PST · by jim byrd · 351+ views ^ | 12/03/2009 | Jim Byrd
    The health care reform bill that passed the House of Representatives, as well as the language in the Senate’s health care reform bill, have generated an unhealthy and contentious debate regarding the limited versus unlimited powers of the federal government. This is a debate about the soul of the United States. The heart and soul of the Constitution and this country’s founding principles are threefold:
  • Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment

    11/11/2009 2:07:19 PM PST · by RepublicnotaDemocracy · 17 replies · 1,379+ views
    Tenth Amendment Center ^ | 11-11-09 | Michael Boldin
    In states around the country, there’s a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment. Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just that. The latest to join the FFA movement? Kentucky. Pre-filed for the 2010 legislative session, HB87 seeks to “Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky,...
  • To Hell with the Constitution?

    11/11/2009 3:08:06 AM PST · by Scanian · 11 replies · 876+ views
    The American Thinker ^ | November 11, 2009 | Jon N. Hall
    Much has been made recently of the unconstitutionality of federal health care reform, especially a government-run system (the "public option") that could devolve into a "single-payer" system. The main objection is that the federal government has no authority to operate a health care system. Indeed, the 9th and 10th Amendments forbid it, according to Larrey Anderson of American Thinker. In The Wall Street Journal, Judge Andrew Napolitano writes that Congress has been getting around such constitutional bans by invoking its Commerce Clause, "the favorite hook on which Congress hangs its hat in order to justify the regulation of anything it...
  • Warden Pelosi

    11/09/2009 5:16:23 PM PST · by Kaslin · 20 replies · 1,655+ views ^ | November 9, 2009
    Health Care Reform: Failure to buy health insurance in the just-passed health care bill could get you five years in jail with a $250,000 fine. How can violating a law that's unconstitutional be a felony? The passage last Saturday night of the House health care measure by a fragile 220-215 margin may well prove to be a Pyrrhic victory. In polls, townhall meetings and tea parties, Americans have shown they don't want a "reform" that costs a staggering $1.2 trillion yet fails to meet the left's desire of insuring all the uninsured. And they certainly don't want a bill that...
  • (Steny Hoyer and Dems) Shred The Constitution

    10/22/2009 8:32:14 PM PDT · by raptor22 · 30 replies · 2,255+ views
    Investor's Business Daily ^ | October, 23, 2009 | IBD Editorial Staff
    Health Reform: House Majority Leader Steny Hoyer says it's constitutional to mandate insurance coverage. Congress, he insists, has "broad authority" to make us buy things to provide for the "general welfare." Democrats' Alice In Wonderland interpretation of what they consider to be a "living Constitution," where words mean what they say they mean based on political considerations, gets more bizarre by the minute. (snip) We've been down this road before. In 1994, Hillary Clinton's secretive health care task force was trying to nationalize health care. "A mandate requiring all individuals to purchase health insurance would be an unprecedented form of...
  • The Commerce Clause, The Federal Judiciary, and Tyranny (or How Scalia Helped Screw America)

    10/16/2009 8:29:12 AM PDT · by Huck · 407 replies · 5,391+ views
    self | 10/15/09 | Huck
    Introduction In this essay I will attempt to show that the powers granted to the Federal Judiciary were excessive, that the creation of an all-powerful, unaccountable Supreme Court was a grave error that made the expansion of Federal power inevitable, and virtually limitless. I will then provide a brief investigation into the original meaning of the Commerce Clause. Last, I will argue that the harm created through Commerce Clause jurisprudence appears irreversible, having been upheld and applied by Justice Scalia and the liberal wing of the Court as recently as 2005. If Justice Scalia not only unwilling to overturn past...
  • ATF tells TN that a federal gun law trumps the state’s

    09/23/2009 7:28:59 PM PDT · by HogsBreath · 147 replies · 5,388+ views
    Commercial Appeal ^ | september 23, 2009 | Richard Locker
    NASHVILLE - The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told Tennessee gun dealers to disregard a state statute that exempts firearms made and sold inside Tennessee from federal gun laws and registration. The ATF says the federal laws still apply regardless of the state's move. The Tennessee legislature considered and approved several bills this year to reduce restrictions on firearms, including one bill that its sponsors labeled the "Tennessee Firearms Freedom Act." It passed overwhelmingly, the House 87-1 and the Senate 22-7, despite warnings by some lawmakers that it could subject Tennessee citizens to federal prosecution and...