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Keyword: davidrivkin

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  • George F. Will: Stopping a lawless president

    06/21/2014 6:13:59 AM PDT · by Cincinatus' Wife · 143 replies
    Washington Post ^ | June 20, 2014 | George Will
    What philosopher Harvey Mansfield calls “taming the prince” — making executive power compatible with democracy’s abhorrence of arbitrary power — has been a perennial problem of modern politics. It is now more urgent in the United States than at any time since the Founders, having rebelled against George III’s unfettered exercise of “royal prerogative,” stipulated that presidents “shall take care that the laws be faithfully executed.” Serious as are the policy disagreements roiling Washington, none is as important as the structural distortion threatening constitutional equilibrium. Institutional derangement driven by unchecked presidential aggrandizement did not begin with Barack Obama, but his...
  • Is Obama trying to pack the DC appeals court?

    11/01/2013 9:10:05 AM PDT · by rallyali
    The Hill ^ | November 1, 2013 | David B. Rivkin, Jr. and Andrew M. Grossman
    Founders of religious communities, prominent lay Catholics, philanthropists and church leaders are among the many Catholics whose final resting places are located within the Archdiocese of Baltimore. Many know that Archbishop John Carroll, the first Catholic bishop in the United States, is entombed beside other bishops in the crypt at the Basilica of the National Shrine of the Assumption of the Blessed Virgin Mary in Baltimore. The Cathedral of Mary Our Queen in Homeland is the final resting place for spiritual shepherds including Cardinal Lawrence Shehan and Archbishop William D. Borders. There are also lesser-known Catholics who have made an...
  • Why Shira's Wrong

    09/04/2013 11:26:52 AM PDT · by rallyali · 11 replies
    New York Post ^ | August 22, 2013 | David B. Rivkin Jr. and Elizabeth Price Foley
    The recent federal court rebuke of New York City’s stop-and-frisk tactics shows that many disputes are best resolved through politics, not lawsuits. Courts resolve discrete controversies — whether existing law has been violated. They’re not equipped to answer questions about what the law “should” be. Judicial remedies are supposed to make plaintiffs whole, not rewrite policies wholesale. But try telling that to Judge Shira Scheindlin. She not only enjoined NYPD’s existing tactics, but also ordered the city to video all stops within certain precincts and appointed a monitor to “develop . . . a set of reforms of the NYPD’s...
  • Rivkin and Casey: The True Lesson of the IRS Scandal

    08/23/2013 10:25:13 AM PDT · by rallyali · 8 replies
    The Wall Street Journal ^ | August 22, 2013 | David B. Rivkin Jr. and Lee A. Casey
    President Obama and his political allies have dismissed as "phony scandals" mounting evidence that the Internal Revenue Service and other federal agencies hindered and punished conservative advocacy groups. Meanwhile, efforts are under way to impose even more regulation on core political speech. The government's abuses are very real, but the scandal's lessons are not appreciated: The federal regulation of political speech has already gone further than can be justified by existing law, let alone the Constitution.
  • The IRS and the drive to stop free speech

    05/22/2013 8:56:23 AM PDT · by IndePundit · 10 replies
    Just Our Freedom ^ | 5/20/2013 | David Rivkin and Lee Casey
    The unfolding IRS scandal is a symptom, not the disease. For decades, campaign-finance reform zealots have sought to limit core political speech through spending limits and disclosure requirements. More recently, they have claimed that it is wrong and dangerous for tax-exempt entities to engage in political speech. The Obama administration shares these views, especially when conservative, small-government organizations are involved, and the IRS clearly got the message. While the agency must be investigated and reformed, the ultimate cure for these abuses is to unshackle political speech by all groups, including tax-exempt ones, from arbitrary and unconstitutional government regulation. Beginning in...
  • The IRS and the Drive to Stop Free Speech

    05/21/2013 3:27:44 PM PDT · by T.Bourne · 21 replies
    The Wall Street Journal ^ | 5/20/2013 | David Rivkin and Lee Casey
    The unfolding IRS scandal is a symptom, not the disease.For decades, campaign-finance reform zealots have sought to limit core political speech through spending limits and disclosure requirements. More recently, they have claimed that it is wrong and dangerous for tax-exempt entities to engage in political speech. The Obama administration shares these views, especially when conservative, small-government organizations are involved, and the IRS clearly got the message. While the agency must be investigated and reformed, the ultimate cure for these abuses is to unshackle political speech by all groups, including tax-exempt ones, from arbitrary and unconstitutional government regulation. Beginning in March...
  • Not Just the Middle East: Obama's Foreign Policy Record Is Appalling

    09/26/2012 9:38:48 AM PDT · by american_steve · 1 replies
    The Daily Beast ^ | September 21, 2012 | David B. Rivkin, Jr
    The organizing principle of the administration’s foreign policy is one of weakness and passivity, coupled with a conspicuous rhetorical abdication of American leadership, write David Rivkin and Lee Casey.
  • The Triumph of the Text

    08/29/2012 8:06:30 AM PDT · by american_steve · 2 replies
    The Wall Street Journal ^ | August 29, 2012 | David B. Rivkin, Jr.
    For many years now, a debate has raged over how best to interpret the Constitution and other canonical legal texts. One way of grouping the warring parties is to divide them according to their views of writing itself—the words on the page. The textualists feel a strong loyalty, even a moral commitment, to the words themselves and the meanings they were intended to convey. The non-textualists have a very different approach, guided by a peculiar view of democratic society and the law. Like the government in Anthony Burgess's "A Clockwork Orange"—setting out to adjust the behavior of inherently flawed men...
  • Obama vs. Congress—and the Law

    07/27/2012 8:54:01 AM PDT · by american_steve · 2 replies
    The Wall Street Journal ^ | July 27, 2012 | David B. Rivkin Jr. and Lee A. Casey
    On July 12, President Obama unilaterally gutted the Clinton administration’s signature achievement—welfare reform. The 1996 welfare-reform law, while passed with strong bipartisan support, has been the bane of progressives, who have never accepted its fundamental principle that those who can work must work. Over the last year, the Obama administration also took the hatchet to the immigration laws and to the Bush-era “No Child Left Behind” statute. These actions have two things in common. First, they were announced with much fanfare and designed to appeal to the president’s liberal base. Second, and much worse, they were implemented by suspending enforcement...
  • A triumph and tragedy for the law

    07/09/2012 11:16:06 AM PDT · by american_steve · 4 replies
    DavidRivkin.com, The Wall Street Journal ^ | June 29, 2012 | David B. Rivkin Jr., and Lee A. Casey
    The Supreme Court's ObamaCare decision is both a triumph and a tragedy for our constitutional system. On the plus side, as we have long argued in these pages and in the courts, the justices held that Congress's power to regulate interstate commerce cannot support federal requirements imposed on Americans simply because they exist. The court also ruled that there are limits to Congress's ability to use federal spending to force the states to adopt its preferred policies. However, in upholding ObamaCare's mandate that all Americans buy health insurance as a kind of "tax," the court itself engaged in a quintessentially...
  • Health Care Reform v. the Founders

    06/28/2012 8:42:01 AM PDT · by american_steve · 1 replies
    The Wall Street Journal ^ | 06/27/2012 | David B. Rivkin, Jr.
    (Editor's note: This op-ed was originally published on September 29, 1993.) The president has announced his health care plan, and congressional Republicans have announced theirs. Although the details are still murky, the plans seem to share one fundamental assumption -- that every man, woman and child in the U.S. must participate in the system. The healthy must subsidize the sick; the young must subsidize the old; the not so old must subsidize the very young. If this redistribution of wealth is to work without new taxes (and no one wants to admit that new taxes might be necessary), then everyone...
  • Debate on ObamaCare's individual mandate on display for attorneys

    06/05/2012 11:25:56 AM PDT · by american_steve · 11 replies
    DavidRivkin.com, OfficialWire ^ | May 31, 2012 | Staff
    The final word on the Obama administration’s signature health care law has yet to be spoken. As the Supreme Court decision on the constitutionality of the Patient Protection and Affordable Care Act (aka ObamaCare) looms, organizations throughout the nation are lining up speakers and events to present their opinions—whether a pre-decision debate that might sway an undecided justice, or a post-mortem discussion on how the justices got it right or wrong. Regardless of when the Supreme Court decision is handed down, the June 15 Texas Bar Association debate on the topic, the interchange promises to be both lively and substantive....
  • Virginia detainee law is dangerously unconstitutional

    04/27/2012 9:43:38 AM PDT · by american_steve · 13 replies
    The Washington Post ^ | April 27, 2012 | David B. Rivkin Jr. and Charles Stimson
    Virginia’s new law sends mixed messages to state employees, especially law enforcement officials. Imagine a state trooper pulling over a speeder and finding out through an ID check that the FBI has an alert for the driver as a suspected al-Qaeda operative. What should the trooper do if he knows or suspects the driver is a U.S. citizen? Do his duty and detain the suspect, which violates Virginia law? Or simply write the speeding ticket and send the driver on his way, not telling the FBI or the military, consequences be damned? Although the federal government has no inherent constitutional...
  • Overturning ObamaCare isn't 'Judicial Activism'

    04/24/2012 11:17:58 AM PDT · by Martin_Schmidt · 3 replies
    The Wall Street Journal, DavidRivkin.com ^ | April 24, 2012 | David Rivkin and Lee Casey
    Since the Supreme Court's historic three-day ObamaCare hearings in late March, the president and his supporters have tried to pressure the Justices into upholding that law, asserting that any other decision would overstep the court's constitutional bounds. Ruling against ObamaCare would not be what the president called illegitimate "judicial activism," but an appropriate exercise of the Supreme Court's core constitutional role. "Judicial activism" is one of those agreeably ambiguous terms that can support almost any criticism of the courts. Under our constitutional system, judicial activism entails judges rewriting rather than interpreting the laws, exercising "will instead of judgment," in Alexander...
  • Did Scalia Parrot Fox News During Health-Care Arguments?

    04/06/2012 2:01:41 PM PDT · by IndePundit · 27 replies
    The Daily Beast ^ | April 5, 2012 | Matthew DeLuca
    Is Roger Ailes clerking for Supreme Court Justice Antonin Scalia? One might be forgiven for thinking so following last week’s oral arguments on the health-care law before the nation’s highest court. As has been pointed out elsewhere, some of Scalia’s questions from the bench made use of the tone and even the diction of the attacks on the Affordable Care Act frequently heard on Fox News and conservative talk-radio shows. After Scalia picked up on the idea that a government empowered to have its citizens buy health insurance or face a penalty may also strong arm them into buy some...
  • David Rivkin on the important arguments and developments in the SCOTUS ObamaCare hearings

    03/27/2012 10:38:23 AM PDT · by american_steve
    Bill Bennett ^ | March 27, 2012 | Staff
    "Severability again is something you deal with after you win on a major provision like the individual mandate and the question is that does the rest of the statue come down or is it only the individual mandate?" - David Rivkin Listen to the radio interview on YouTube: http://youtu.be/R32u8f3o-FY
  • Liberty and ObamaCare

    03/23/2012 11:50:29 AM PDT · by Martin_Schmidt · 4 replies
    The Wall Street Journal ^ | 03/23/2012 | Staff
    The argument against the individual mandate—the requirement that everyone buy health insurance or pay a penalty—is carefully anchored in constitutional precedent and American history. The Commerce Clause that the government invokes to defend such regulation has always applied to commercial and economic transactions, not to individuals as members of society. This distinction is crucial. The health-care and health-insurance markets are classic interstate commerce. The federal government can regulate broadly—though not without limit—and it has. It could even mandate that people use insurance to purchase the services of doctors and hospitals, because then it would be regulating market participation. But with...
  • The Supreme Court Weighs ObamaCare

    03/22/2012 6:49:10 AM PDT · by american_steve · 12 replies · 3+ views
    The Wall Street Journal, DavidRivkin.com ^ | March 21, 2012 | David Rivkin & Lee Casey
    On Monday, the Supreme Court will begin an extraordinary three-day hearing on the constitutionality of ObamaCare. At stake are the Constitution's structural guarantees of individual liberty, which limit governmental power and ensure political accountability by dividing that power between federal and state authorities. Upholding ObamaCare would destroy this dual-sovereignty system, the most distinctive feature of American constitutionalism. ObamaCare mandates that every American, with a few narrow exceptions, have a congressionally defined minimum level of health-insurance coverage. Noncompliance brings a substantial monetary penalty. The ultimate purpose of this "individual mandate" is to force young and healthy middle-class workers to subsidize those...
  • Truth to tell, the Stolen Valor Act is unconstitutional

    03/15/2012 11:24:27 AM PDT · by american_steve · 34 replies
    The Washington Post ^ | 03/12/2012 | David Rivkin and Bruce Brown
    While we hold the military’s honor sacred, the government cannot penalize speech, whether true or false, simply because it might harm this honor. Any law that seeks to protect the government’s reputation runs afoul of the most basic bargain of sovereignty, reflected in our Constitution. James Madison said, “The censorial power is in the people over the Government, and not in the Government over the people.” In this context, it is doubtful that the government can ever be libeled by a citizen, any more than a citizen can libel himself. We don’t let the government sue for libel — only...
  • Bringing 'Alien Torts' to America

    03/01/2012 11:48:15 AM PST · by Martin_Schmidt · 1 replies · 1+ views
    The Wall Street Journal ^ | 02/28/2012 | David B. Rivkin Jr., and Lee Casey
    This Tuesday the Supreme Court will hear arguments in two cases that should interest every U.S. company doing business overseas, and especially those operating in the developing world. Kiobel v. Royal Dutch Petroleum Co. and Mohamed v. Palestinian Authority raise the issue of whether corporations can be sued for violations of international law under U.S. statutes, including the Alien Tort Statute. The ATS was adopted in 1789 by the first U.S. Congress. The statute permits suits by aliens in federal courts for certain alleged international-law violations, but it was moribund for nearly 200 years and its purpose remains opaque. The...
  • The Supreme Court Must Protect the First Amendment from Unions

    03/01/2012 11:41:44 AM PST · by american_steve · 1+ views
    The National Review Online ^ | 02/29/2012 | David Rivkin and Andrew Grossman
    “Organized labor” brings to mind railroads, factories, and government offices, but the labor movement’s biggest recent gains have been in the home. Led by SEIU, unions and their political allies have pushed through executive orders and legislation in a dozen states to “organize” home-care workers, such as personal assistants and sitters, by deeming them state employees for collective-bargaining purposes alone. California was the trailblazer in this campaign, with SEIU first trying to convince the state courts to designate Los Angeles County home-care workers as county employees. Having lost the battle in the courtroom, SEIU commenced lobbying the California legislature to...
  • Were the President’s Recess Appointments Constitutional?

    02/23/2012 7:45:07 AM PST · by Martin_Schmidt · 23 replies
    American Enterprise Institute ^ | 02/23/2012 | Staff
    Tuesday at AEI, four distinguished lawyers aggressively debated the constitutionality of the president’s recent "recess" appointments during the Senate's 2011-2012 pro forma sessions. First, Morton Rosenberg asserted that the president was explicitly violating the Constitution by making recess appointments when the Senate was in pro forma sessions, thereby avoiding recess by its own constitutional authority to develop its own rules. Douglas Kmiec countered that the Senate's creation of pro forma sessions simply to inhibit the executive branch violated the honest interface that the framers intended between the branches of government. David Rivkin Jr. concurred with Rosenberg's conclusion about the unconstitutionality...
  • Birth-Control Mandate: Unconstitutional and Illegal

    02/15/2012 2:08:44 PM PST · by IndePundit · 1 replies
    The Wall Street Journal ^ | 02/15/2012 | David Rivkin and Edward Whelan
    Last Friday, the White House announced that it would revise the controversial ObamaCare birth-control mandate to address religious-liberty concerns. Its proposed modifications are a farce. The Department of Health and Human Services would still require employers with religious objections to select an insurance company to provide contraceptives and drugs that induce abortions to its employees. The employers would pay for the drugs through higher premiums. For those employers that self-insure, like the Archdiocese of Washington, the farce is even more blatant. The birth-control coverage mandate violates the First Amendment's bar against the "free exercise" of religion. But it also violates...
  • Were Obama’s Recess Appointments Constitutional?

    02/14/2012 11:45:57 AM PST · by american_steve · 17 replies
    OfficialWire ^ | 02/14/2012 | Staff
    The 2012 election year has just begun, and already controversies have swirled around a number of President Obama’s actions. Constitutional issues are at the forefront as the president seeks to improve his chances of reelection by delivering on his promises. But is the president violating the Constitution as he tries to implement his program of transformation? Constitutional attorney David Rivkin believes he is. The American Enterprise Institute (AEI) in Washington D.C. will be facilitating a discussion on one of the recent controversies, President Obama’s “recess appointments.” On January 4, 2012, President Obama made the following appointments: Richard Cordray as Director...
  • 'Lawfare' loses big

    01/30/2012 10:11:05 AM PST · by Martin_Schmidt · 4 replies
    The Wall Street Journal ^ | 01/28/2012 | The Wall Street Journal
    The guerrilla legal campaign against national security suffered a big defeat this week, and the good news deserves more attention. The victory for legal sanity came Monday when the Fourth Circuit Court of Appeals upheld a lower court decision to toss out a suit brought by aspiring terrorist Jose Padilla against a slew of Bush Administration officials. Readers may remember that Padilla was arrested in 2002 for plotting to set off a dirty bomb on U.S. soil. He was detained as an enemy combatant, convicted in a Miami court and sentenced to 17 years in prison. But Padilla has been...
  • Can Obama’s Imperial Power Grabs Be Stopped? Rivkin Tells Lou Dobbs

    01/13/2012 7:21:11 AM PST · by Martin_Schmidt · 11 replies
    OfficialWire, DavidRivkin.com ^ | 01/12/2012 | Brent Baldwin
    David Rivkin, the lawyer who designed and argued the successful multi-state challenge to ObamaCare, is turning his guns on the latest and possibly the most egregious unconstitutional power grab by the Obama administration. Watch Rivkin in action on Lou Dobbs. David Rivkin will be interviewed on Lou Dobbs Tonight on the Fox Business Network Friday, January 13 (7 to 8 p.m. EST) regarding a recent article he co-authored for The Washington Post about President Barack Obama’s claims that he can preempt state law whenever immigration policy “might irritate a foreign government.
  • David Rivkin debates how the U.S. treats its terror suspects

    01/12/2012 8:01:25 AM PST · by american_steve · 4 replies
    DavidRivkin.com, YouTube ^ | 01/12/2012 | David Rivkin
    Constitutional defender and appellate attorney David Rivkin debates Vincent Warren of the Center for Constitutional Rights on the tenth anniversary of Guantanamo, how the U.S. treats its terror suspects, the U.S. Justice paradigm, and current legislation. "For the first time Congress has explicitly put its stamp of approval on what here to for has been done either based upon indirect congressional support and authorization to use military force, executive branch practices and judicial decisions." - David Rivkin on not seeing the legislation as "new."
  • Obama's reckless recess ploy

    01/06/2012 7:05:27 AM PST · by american_steve · 10 replies
    The Wall Street Journal ^ | 01/06/2012 | David B. Rivkin, Jr. and Lee A. Casey
    Mr. Obama is claiming an open-ended authority to determine that the Senate is in recess, despite that body's own judgment and the factual realities. That is an astonishing and, so far as we can tell, unprecedented power grab. It is not up to the president to decide whether the Senate is organized properly or working hard enough. However much the supposedly power-hungry President George W. Bush may have resented the Senate's practice of staying "in session" to defeat his recess-appointment power, he nevertheless respected the Senate's judgment on the point. The president has done his new appointees and the public...
  • Obama’s imperial power grab on immigration

    12/28/2011 2:32:33 PM PST · by T.Bourne · 1 replies
    DavidRivkin.com, The Washington Post ^ | 12/27/2011 | David Rivkin and Joe Jacquot
    The Obama administration has taken federal-state relations to a new low in its quest for an unprecedented expansion of presidential power. In response to Arizona’s efforts to identify and arrest undocumented immigrants, the president claims that he can preempt state law whenever its enforcement might irritate a foreign government. This unconstitutional power grab cannot stand. While the challenge by 26 states to the 2010 Affordable Care Act seeks limits on Congress’s powers, the Arizona law defends the fundamental authority of states to act in contravention of the president’s preferences. There is genuine controversy over the Arizona immigration policy of penalizing...
  • Obama, Holder split on terror trials

    12/20/2011 1:33:14 PM PST · by american_steve · 4 replies
    The Daily Caller ^ | 12/19/2011 | Neil Munro
    “This is classic Sherlock Holmes ‘the-dog-didn’t-bark’ evidence” of cooperation between the progressive groups and the administration, Rivkin said. The groups “are always bitching about [legal] impunity, and how impunity encourages aberrant behavior and weakens deterrence,” he said. “So where is their outrage? Why are they not criticizing a war criminal going free?” If U.S. troops had committed war crimes and were let go, Rivkin told TheDC, “wouldn’t every newspaper in the country be horrified and slamming the administration? How is it better to let an enemy war criminal go [free] to be hailed and praised?”
  • David Rivkin on Ali Musa Daqduq, the Hezbollah terrorist

    12/15/2011 8:59:39 AM PST · by T.Bourne · 2 replies
    David Rivkin joins Frank Gaffney on Secure Freedom Radio to talk about Ali Musa Daqduq, a Hezbollah fighter that was dispatched to Iraq on behalf of the Iranian government and in 2007 he kidnapped, brutality tortured and killed five American soldiers. U.S. forces have since apprehended him and the Obama Administration is ready to hand him over to the Iraqi government who will undoubtedly give him to the Iranians where he will be hailed a hero. At first, Obama wanted to bring him to America and try him in a civilian court and when Congress denied that request, the president...
  • [Excerpts from] Debate: Are Bush and Obama War Criminals?

    12/13/2011 12:51:18 PM PST · by american_steve · 4 replies
    World-class attorney David Rivkin speaks about the legal issues surrounding the Iraq and Afghanistan wars at a debate held by the Center for Study of Responsive Law in Washington, D.C. Introduced by Ralph Nader. Link to YouTube video: http://youtu.be/sqkHOcqiKAg
  • Obama and the Hezbollah Terrorist

    12/07/2011 7:50:27 AM PST · by american_steve · 3 replies
    The Wall Street Journal ^ | 12/7/2011 | DAVID B. RIVKIN, JR. and CHARLES D. STIMSON
    Call it the triumph of ideology over national interest and honor. Having dithered for nearly three years, the Obama administration has only a few weeks to bring to justice a Hezbollah terrorist who slaughtered five U.S. soldiers in Iraq in 2007. Unfortunately, it appears more likely that Ali Musa Daqduq will instead be transferred to Iran, to a hero's welcome. In the early evening of Jan. 20, 2007, in the city of Karbala, south of Baghdad, five black SUVs approached the location of a regular meeting between U.S. and Iraqi military officers. Inside the vehicles, which mimicked U.S. transports (to...
  • Obama and the Hezbollah Terrorist

    12/07/2011 7:50:26 AM PST · by american_steve · 1 replies
    The Wall Street Journal ^ | 12/7/2011 | DAVID B. RIVKIN, JR. and CHARLES D. STIMSON
    Call it the triumph of ideology over national interest and honor. Having dithered for nearly three years, the Obama administration has only a few weeks to bring to justice a Hezbollah terrorist who slaughtered five U.S. soldiers in Iraq in 2007. Unfortunately, it appears more likely that Ali Musa Daqduq will instead be transferred to Iran, to a hero's welcome. In the early evening of Jan. 20, 2007, in the city of Karbala, south of Baghdad, five black SUVs approached the location of a regular meeting between U.S. and Iraqi military officers. Inside the vehicles, which mimicked U.S. transports (to...
  • Column: Lawsuits could end Occupy nuisance

    11/30/2011 8:34:39 AM PST · by american_steve · 8 replies
    USA Today, DavidRivkin.com ^ | 11/30/2011 | David B. Rivkin Jr. and Lee A. Casey
    They are not what democracy looks like and are looking less and less like a serious protest movement. Nevertheless, much can be learned from the Occupy Wall Street crowd's protracted seizure of New York's private Zuccotti Park, similar unlawful tactics around the country and the much delayed official response. The most important lesson is that when government fails to do its duty in a timely manner, ordinary citizens must consider using existing laws to protect themselves from unruly Occupiers. The park protesters have been camping out in the urban environment, unsuitable for such activities. They have created sanitary problems and...
  • Debate Series Continues on Bush and Obama War Strategies

    11/28/2011 8:25:13 AM PST · by Martin_Schmidt · 1 replies
    C-SPAN ^ | 11/28/2011 | Staff
    Video link from Ralph Nader and the Center for Study of Responsive Law’s “Debating Taboos” series on Friday, November 18 with “Bush/Obama: War Crimes or Lawful Wars?” The debate format consists of two moderators and four debaters. Arguing against the proposition that Bush and Obama engaged in war crimes are attorneys David Rivkin and Lee Casey. Rivkin served in the Department of Justice under Presidents Ronald Reagan and George H.W. Bush, and is renowned for articulate commentary on the U.S. Constitution and presidential war powers. Casey, Rivkin’s frequent collaborator, also served in the DOJ under Reagan and H.W. Bush, and...
  • ObamaCare and the Limits of Government

    11/15/2011 8:27:35 AM PST · by Martin_Schmidt · 8 replies
    The Wall Street Journal, DavidRivkin.com ^ | 11/15/2011 | David B. Rivkin Jr. and Lee A. Casey
    Under our Constitution's system of dual sovereignty, only states have the authority to impose health and safety regulations on individuals simply because they are present. The Supreme Court has ruled many times that the Constitution denies to the federal government this type of "general police power." Federal legislation must be grounded in one of the "enumerated" powers the Constitution grants to Congress—such as the power to regulate interstate commerce. Although the Supreme Court has interpreted that power broadly (especially since the 1940s), it has consistently held that the Commerce Clause has limits.
  • Are Bush And Obama War Criminals?

    11/10/2011 9:51:58 AM PST · by american_steve · 11 replies · 1+ views
    OfficialWire, DavidRivkin.com ^ | 11/10/2011 | Colin Fuess
    Ralph Nader and the Center for Study of Responsive Law’s “Debating Taboos” series continues Friday, November 18 with “Bush/Obama: War Crimes or Lawful Wars?” The debate format consists of two moderators and four debaters. Arguing against the proposition that Bush and Obama engaged in war crimes are attorneys David Rivkin and Lee Casey. Rivkin served in the Department of Justice under Presidents Ronald Reagan and George H.W. Bush, and is renowned for articulate commentary on the U.S. Constitution and presidential war powers. Casey, Rivkin’s frequent collaborator, also served in the DOJ under Reagan and H.W. Bush, and currently specializes in...
  • Think You've Heard The Last Word On Obamacare?

    11/02/2011 1:01:29 PM PDT · by american_steve · 4 replies
    ObamaCare, officially called the Patient Protection and Affordable Care Act, marks the first time in history that the federal government has required every person to purchase a commercial product or service. As part of its “Preserve the Constitution” series, the Heritage Foundation is presenting an expert panel, headlined by David Rivkin, to discuss the case on Nov. 3 at Lehrman Auditorium in D.C. from noon to 1 p.m. Other speakers include: Todd Gaziano, director of the Center for Legal & Judicial Studies; Michael Carvin, partner at Jones Day and lawyer for the National Federation of Independent Business; and Andrew Grossman,...
  • Richmond's Fourth Circuit Is Stage For Next "Lawfare" Battle Against Donald Rumsfeld

    10/25/2011 11:20:25 AM PDT · by american_steve · 2 replies
    OfficialWire ^ | 10/25/2011 | Staff
    Jose Padilla, a U.S. citizen, former gang member, and designated enemy combatant who was sentenced to 17 years in prison, is mounting an aggressive appeal. The oral arguments on October 26 in Richmond’s Fourth Circuit will strike at the heart of the Constitution. Padilla brought a lawsuit against former Secretary of State Donald Rumsfeld and other high-ranking officials, alleging he was illegally detained and tortured in the military brig after his 2002 arrest. That suit, which has been described as “lawfare” or exacting personal and financial “flesh” from an opponent, was dismissed last February by a federal judge in Charleston,...
  • Written statement: The U.S. Immigration and Customs Enforcement: Priorities and the Rule of Law

    10/18/2011 10:23:58 AM PDT · by american_steve
    DavidRivkin.com ^ | 10/12/2011 | David Rivkin
    Immigration policy has been a much-debated issue, both at the national and state level, for a number of years now. The George W. Bush Administration tried, but failed, to enact a comprehensive immigration reform bill. The Obama Administration, while talking much about the need for reform, has not mounted a serious legislative effort in this area. Unfortunately, it has chosen a different path, whereby the President, solely on his own authority, sought to revise the existing immigration laws. In our constitutional system, however, it is Congress that has plenary constitutional authority to establish U.S. immigration policy and fundamental reform requires...
  • Rivkin Debates: U.S. apologizes to family of dead Al Qaeda Propagandist

    10/14/2011 12:14:48 PM PDT · by IndePundit · 3 replies
    DavidRivkin.com, Youtube.com ^ | 10/14/2011 | Staff
    Why did the United States apologize to the family of Al Qaeda Propagandist Samir Khan? David Rivkin debates Sally Kohn, Founder of Movement Vision, on America Live with Megyn Kelly on Fox News.
  • Two-Year Manhunt Led to Killing of Awlaki in Yemen

    10/10/2011 1:41:26 PM PDT · by american_steve · 3 replies
    The New York Times ^ | 9/30/2011 | MARK MAZZETTI, ERIC SCHMITT and ROBERT F. WORTH
    WASHINGTON — Anwar al-Awlaki did not leave much of a trail, frustrating the American and Yemeni intelligence officials pursuing him over the last two years. They believed they finally had found him in a village in southern Yemen last year. Yemeni commandos, equipped with tanks and heavy weapons, surrounded the hamlet, but he slipped away, according to a Yemeni official. In May, his pursuers targeted him in a drone attack, but narrowly missed him and other members of his entourage as they drove across a desert. The search for Mr. Awlaki, the American-born cleric whose fiery sermons made him a...
  • Obamacare Dialogue And Legal Predictions From Famed D.C. Lawyer

    10/07/2011 8:16:36 AM PDT · by Martin_Schmidt · 3 replies
    Official Wire ^ | 10/6/2011 | Staff
    Is it “game over” for ObamaCare? Can ObamaCare survive scrutiny by the Supreme Court? Lawyer, writer, and former White house counsel David Rivkin will address those questions and more as the keynote speaker at a Federalist Society luncheon tomorrow in Denver, CO. David Rivkin will invite questions about the unconstitutionality of and legal challenge to ObamaCare, specifically its so-called “individual mandate” that all persons must buy health insurance or pay a fine. The Federalist Society could not have engaged a more appropriate speaker for its Colorado Lawyers Chapter. David Rivkin was the first person to question the individual mandate’s constitutionality...
  • Think You've Heard The Last Word On ObamaCare?

    10/05/2011 7:48:10 AM PDT · by Martin_Schmidt · 4 replies
    Former White House lawyer and leading conservative commentator, David Rivkin, was the first to outline the constitutional challenge to ObamaCare that will soon go before the Supreme Court. ObamaCare, officially called the Patient Protection and Affordable Care Act, marks the first time in history that the federal government has required every person to purchase a commercial product or service. As part of its “Preserve the Constitution” series, the Heritage Foundation is presenting an expert panel, headlined by David Rivkin, to discuss the case on Nov. 3 at Lehrman Auditorium in D.C. from noon to 1 p.m. Other speakers include: Todd...
  • Congress's Power Play Over Jerusalem

    09/13/2011 10:47:50 AM PDT · by IndePundit · 7 replies · 1+ views
    The Wall Street Journal, DavidRivkin.com ^ | September 12, 2011 | David B. Rivkin Jr. and Lee A. Casey
    The city of Jerusalem has been fought over for nearly 3,000 years and remains one of the most contentious places on Earth. This fall, the battle will reach the U.S. Supreme Court. The case—Zivotofsky v. Clinton, brought by the parents of Menachem Binyamin Zivotofsky, a U.S. citizen born in Jerusalem on October 17, 2002—involves a 2002 effort by Congress to force U.S. recognition of Jerusalem as Israel's capital. It sought to do so by, among other things, requiring the State Department to identify Israel as the place of birth on passports issued to U.S. citizens born in Jerusalem. The high...
  • Obama’s illegal move on immigration

    09/06/2011 11:33:28 AM PDT · by IndePundit · 6 replies
    Washington Post ^ | 09/02/2011 | David B. Rivkin Jr.
    Only Congress has constitutional authority to establish U.S. immigration policy, and fundamental reform requires legislative action. Thus the administration’s recent announcement that deportation will be sought only for undocumented immigrants who have committed crimes in the United States violates the separation of powers and is unconstitutional. No president, of course, can hope to expel every undocumented person in the United States — they number perhaps upward of 11 million people. Human and financial resources to identify, apprehend, process and promptly deport millions have been lacking for years as has, arguably, the political will to do so. In this environment, immigration...
  • ObamaCare's latest judicial defeat

    08/19/2011 12:27:36 PM PDT · by IndePundit · 2 replies
    DavidRivkin.com, The Wall Street Journal ^ | August 18, 2011 | David B. Rivkin Jr. and Lee A. Casey
    In the most comprehensive judicial opinion to date, a three-judge panel of the United States Court of Appeals for the 11th Circuit last week ruled (2-1) that Congress cannot compel Americans to buy and maintain health insurance. Unlike the Florida district court that earlier found ObamaCare unconstitutional, the 11th Circuit did not invalidate the entire law. But it likewise reaffirmed the fundamental constitutional rule that our federal government is one of enumerated powers with judicially enforceable limits. Congress enacted the Patient Protection and Affordable Care Act of 2010 in order to guarantee near-universal health-insurance coverage. According to this law, individuals...
  • Opinion Journal: “Obama v. the Constitution”

    08/17/2011 7:47:23 AM PDT · by T.Bourne · 2 replies
    Host: My next guest here is David Rivkin. David is joining us to talk about the 11th Circuit’s decision last week overturning the individual mandate in the Obama healthcare law . . . I should point out that David and his colleague Lee Casey argued this case at a lower court level . . . so what is the significance of this decision? David Rivkin: Well, it’s the first time the Court of Appeals has done it, point number one. Point number two, you have a bipartisan panel, I hate to engage in these types of observations, but it’s very...
  • Opinion Journal: Obama v. Constitution

    08/16/2011 7:24:28 AM PDT · by american_steve · 7 replies
    The Wall Street Journal ^ | 08/15/2011 | The Wall Street Journal
    Video of former Reagan legal advisor David Rivkin on the ObamaCare lawsuit and last week's 11th Circuit ruling.