Free Republic

"I repeat so as not to be misunderstood that this Court does have power, which it should exercise, to hold laws unconstitutional where they are forbidden by the Federal Constitution. My point is that there is no provision of the Constitution which either expressly or impliedly vests power in this Court to sit as a supervisory agency over acts of duly constituted legislative bodies and set aside their laws because of the Court's belief that the legislative policies adopted are unreasonable, unwise, arbitrary, capricious or irrational. The adoption of such a loose, flexible, uncontrolled standard for holding laws unconstitutional, if...

Sacramento, CA (AP) -- The state attorney general's office is fighting an attempt to hold Gov. Arnold Schwarzenegger in contempt of court for not releasing $8 billion for new inmate medical facilities. The court-appointed receiver who runs the prison medical system has asked a federal judge in San Francisco to force Schwarzenegger and Controller John Chiang to turn over the money. But Attorney General Jerry Brown said in a filing Monday that the federal court does not have the authority to require state prison construction.

Oklahoma Rebellionby Walter Williams  (July 16, 2008) One of the unappreciated casualties of the War of 1861, erroneously called a Civil War, was its contribution to the erosion of constitutional guarantees of state sovereignty. It settled the issue of secession, making it possible for the federal government to increasingly run roughshod over Ninth and 10th Amendment guarantees. A civil war, by the way, is a struggle where two or more parties try to take over the central government. Confederate President Jefferson Davis no more wanted to take over Washington, D.C., than George Washington wanted to take over London. Both wars are more...

When Owen Beck was 17, doctors amputated his right leg to stop the spread of bone cancer. His parents, desperate to find a drug that would relieve their son's excruciating phantom limb pain, brought him to Charlie Lynch's medical marijuana dispensary in Morro Bay, California, carrying a recommendation from a Stanford University oncologist. The marijuana not only eased the pain but also alleviated the nausea caused by chemotherapy. Called to testify as a character witness in Lynch's federal marijuana trial, Beck did not get far. When he mentioned his cancer, U.S. District Judge George Wu cut him off and sent...

On March 13 the Oklahoma House passed House Joint Resolution 1089, sponsored by Rep. Charles Key and Sen. Randy Brogdon, “claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers,” by an overwhelming vote of 92 to 3. Opponents of the measure in the Senate managed to keep it from being debated and voted on before this year’s legislative session ended. The rest of the nation took little notice of the Oklahoma House’s affirmation of the Tenth Amendment at the time. However, suddenly in mid-June news of the vote on HJR1089 went viral. Google...

One of the unappreciated casualties of the War of 1861, erroneously called a Civil War, was its contribution to the erosion of constitutional guarantees of state sovereignty. It settled the issue of secession, making it possible for the federal government to increasingly run roughshod over Ninth and 10th Amendment guarantees. A civil war, by the way, is a struggle where two or more parties try to take over the central government. Confederate President Jefferson Davis no more wanted to take over Washington, D.C., than George Washington wanted to take over London. Both wars are more properly described as wars of...

he national NAACP has again said it will step up a campaign against South Carolina for flying the Confederate flag at the State House. The organization declared it would exert continued pressure to discourage NCAA sporting events and film production in South Carolina.“This is unfinished business,” said Lonnie Randolph, state NAACP president, echoing the message delivered Monday by NAACP interim president and CEO Dennis Hayes, at the organization’s 99th national convention in Cincinnati. Hayes told the Associated Press the organization is still working on its plan to discourage tourism and film production in the state. The National Association for the...

The relation between the federal government and the governments of the various states is a chestnut of constitutional theory, a perennial cause of angst and a gauge of American politics generally. In antebellum America, Southern states claimed the right to ignore federal law, presaging the Civil War. In the past century, Progressive arguments for the federal -- rather than the state -- regulation of labor set in motion the centralized administrative juggernaut that became Franklin Roosevelt's New Deal. More recently, the Rehnquist's Court's restrictions on federal authority, in favor of state autonomy, captured the Reagan Revolution's enthusiasm for decentralizing governmental...

Mass. Legislature poised to export our "gay marriage" across the country by repealing "1913 Law". National gay groups pouring in money to lobby. Pressure needed NOW to stop Senate vote Tuesday - (see our new fax feature!) The national homosexual movement is funding a huge lobbying effort over the next few days to persuade the Massachusetts Legislature to repeal the "1913 Law" which would allow out-of-state "gay" couples to legally "marry" in Massachusetts -- and then cause havoc in their home states. Currently, out-of-state couples can not marry in Massachusetts if that marriage would be illegal in their home state....

Steamed over a perceived increase in federal usurping of states' rights, Oklahoma's House of Representatives told Washington, D.C., to back off. Joint House Resolution 1089, passed by an overwhelming 92-3 margin, reasserts Oklahoma's sovereignty under the Tenth Amendment to the U.S. Constitution, and, according to the resolution's own language, is "serving notice to the federal government to cease and desist certain mandates." The Tenth Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Traditionally, this language has meant that...

STATE OF OKLAHOMA 2nd Session of the 51st Legislature (2008) HOUSE JOINT RESOLUTION 1089 By: Key AS INTRODUCED A Joint Resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; and directing distribution. WHEREAS, the Tenth Amendment to the Constitution of the United States reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and WHEREAS, the Tenth Amendment defines...

Alaskans are tired of being told what to do with their lives, that they can’t drill their oil or what to do with their land and wildlife by ignorant, pompous politicians thousands of miles away. You can help them rise against the thumb of oppression! Even if you’ve never been to Alaska, write their governor, senators and congressmen and encourage them to stand up to the feds. Tell them they should make their own decisions about their land. Tell them they should stop bowing to the pompous, self-involved elitists of Washington. Alaska can be the first in a wave of...

One has to admire the Sisyphean tenacity of the Congress as it starts to roll another boulder up the mountain of public opposition to the federal encouragement of illegal immigration. The latest attempt, HR 5515, masquerading under the euphemistic label “New Employee Verification Act” (NEVA) is another unworthy successor to the recently demised “Comprehensive Immigration Reform Act” and “Dream Act” in its insolent attempt to procure cheap labor and voting constituencies for the political ruling classes, Democrat and Republican alike. Pushed as replacement for the current E-Verify system (formerly Basic Pilot) by which employers can use the Internet to verify...

In the summer of 1863, Robert E. Lee led an ill-advised incursion into Pennsylvania. His army was defeated at Gettysburg, and thence afterward Lee beat a fighting retreat until the South lost the Civil War. One hundred and forty-five years later, the South--or what has become the South-Southwest--has won another kind of Civil War. It has transformed the sensibility of the country. It is setting the agenda for our political, social and religious mores--in Pennsylvania and everywhere else. This thought, which has been recurring to me regularly over the years as I've watched the Southernization of our national politics at...

Barring some event of staggering significance, Barack Obama will be the Democratic nominee for president. Many, though, believe Obama doesn't deserve it. His refusal to walk out of the Chicago church where his former minister, the Rev. Jeremiah Wright Jr., made many incendiary remarks, including that AIDS was a white plot against blacks, render Obama too duplicitous and morally deficient to inhabit our highest office. Obama was straight in his speech on race about being an imperfect candidate, not possessing the moral purity his fervid supporters have wished upon him. Hillary Clinton supporters, and many of the media's bloviators, say...

New Deal Expansions Explored by: Bethany Stotts, March 28, 2008 Professor Patrick Garry’s recently published An Entrenched Legacy blames the increasing level of judicial activism on the precedents established under Franklin D. Roosevelt’s New Deal. As Accuracy in Academia previously reported, FDR’s economic policies had a harmful effect on poor African-Americans, lowering their status within the public sector and inflating African-American unemployment when compared to their white counterparts. Professor Garry’s thesis expands this criticism of the New Deal to condemn FDR’s court-packing scheme, which, he argues, influenced the Supreme Court to focus on individual rights protections instead of promoting overall...

President Bush overstepped his authority when he ordered a Texas court to reopen the case of a Mexican on death row for rape and murder, the Supreme Court said Tuesday. In a case that mixes presidential power, international relations and the death penalty, the court sided with Texas 6-3. Bush was in the unusual position of siding with death row prisoner Jose Ernesto Medellin, a Mexican citizen whom police prevented from consulting with Mexican diplomats, as provided by international treaty. An international court ruled in 2004 that the convictions of Medellin and 50 other Mexicans on death row around the...

Under our proposed system of local policy, the most economically "progressive" cities would have a greater ability to set local economic policy. If Berkeley wants to offer a nation-leading welfare program, it should be able to provide a $20,000 stipend for every Californian to take up residence in the city, or perhaps universal, high-quality health care, and it can then alone deal with the mass unemployment and non-existent labor productivity, among other economic consequences. Progressives like George Lakoff, I believe, retain a shred of legitimacy only because their benighted economic policies have no chance of being implemented, and thus they...

Secy of State Brad Johnson of Montana delivered a letter to the Washington Times about possible outcomes of the Heller decision. Second Amendment an individual right The U.S. Supreme Court will soon decide D.C. v. Heller, the first case in more than 60 years in which the court will confront the meaning of the Second Amendment to the U.S. Constitution. Although Heller is about the constitutionality of the D.C. handgun ban, the court's decision will have an impact far beyond the District ("Promises breached," Op-Ed, Thursday). The court must decide in Heller whether the Second Amendment secures a right for...

The Democratic Party is finding itself in a very strange position. They’re approaching a potential situation where neither of their candidates have enough elected delegates to secure the nomination, and the race will turn to the superdelegates to decide. Primary results can then be trumped by the say-so of the “party elites�. Thus, the party who complained that Al Gore “really won� the 2000 election due to the popular vote may nominate Hillary Clinton, who now looks unlikely to win the national Democrat popular vote or the elected delegate count. The schadenfreude of watching the Democratic Party put into a...

An appeals court has ruled that a gay couple's marriage in Canada should be recognized in New York. The Appellate Division of state Supreme Court on Friday reversed a judge's ruling in 2006 that Monroe Community College did not have to extend health benefits to an employee's lesbian partner. Patricia Martinez, a word processing supervisor, sued the school in 2005, arguing that it granted benefits to heterosexual married couples but denied them to Martinez and her partner, Lisa Ann Golden. The couple formalized their relationship in a civil union ceremony in Vermont in 2001 and were married in Canada in...

WEST COLUMBIA — When private property gets in the way of a road project, its owners will be moving out of the way, one way or another, in almost every case. With a widening of Highway 36 on the horizon and state and federal officials ready to drive the Trans-Texas Corridor through the Lone Star State, many land-owning Texans are preparing to defend their property from their own government. Brazoria County residents troubled by the looming eminent domain fights came to the Gulf Coast Christian Center on Saturday morning to voice their views to Tom Lizardo, chief of staff for...

"There comes a point in time where all the discussion and analysis has to stop. We are now six years away from 9/11. Simply kicking this problem further down the road is a time-tested Washington way of smothering a proposal with process," said Chertoff. "The time has come to bite the bullet." Or, as Jack Bauer might say (while in the midst of breaking half a dozen laws in the name of stopping an impending attack), "We're running out of time!" Chertoff summarized the major features of the final rules as follows: People must provide documentation that proves who they...

MANCHESTER, N.H. – It is the historic mission of the Iowa caucuses and New Hampshire primary to give us the establishment candidate in each party, and then the insurgent candidate. The two pairs then battle it out in South Carolina to give us the probable nominees for November. Year 2008 looks no different, with this exception: The insurgents, Barack Obama and Mike Huckabee, swept the first contests and now have the momentum. And both establishments are reeling. Twenty-four hours before New Hampshire, the GOP establishment has not even settled upon a champion. If Mitt Romney wins the Granite State, he...

In last week's column I highlighted comments made to the Financial Times of London by U.S. Comptroller General David Walker in which he compared the current political, social, and economic situation in the United States to that of the Roman Empire shortly before its collapse. I heard from a number of readers in response to the column… Democrats, Republicans, and Libertarians. While a couple of folks used the opportunity to plug a particular presidential candidate or legislative issue, almost all were in agreement that things in our nation must change drastically and quickly. Despite a booming economy, low unemployment, and...

There are very, very few things about the Constitution that I would just outright change. There are lots of very important areas where reasonable people can differ, with enormous consequence, and I would certainly like to see those clarified, but that's not what I mean here. Here I'm talking about things in the current Constitution, as amended, that are just plain wrong. The first and foremost among these is the 17th Amendment. If I could change one thing about the Constitution, it would be to clarify the meaning of "general welfare". If I could change two, though, the second would...

FLIP FLOP ALERT! FLIP FLOP ALERT! CALLING ROMNEY OPPO TEAM! Earlier today, we linked coverage of The Huckster on Fox News, where he couldn't have been clearer that he opposes a state-by-state solution to abortion. This is to differentiate himself from Fred Thompson, who's taken that approach and thus, in effect, would permit abortion to remain legal in at least some states, regardless of how the Bush court might rule someday on Roe v. Wade. Republican presidential candidate Mike Huckabee rejects letting states decide whether to allow abortions, claiming the right to life is a moral issue not subject to...

In Garcia v. San Antonio Metropolitan Transit Authority,1 the Supreme Court held that state interests are more properly protected from federal encroachment by the procedural safeguards found in the federal political process rather than by judicially defined limitations.2 Justice Powell, in a strong dissent, asserted that the majority's decision reduced the tenth amendment to "meaningless rhetoric."3 In explaining its decision, the majority observed that State governments, through equal representation in the Senate, retain sufficient influence over the federal political process to insure their autonomy and sovereign interests.4 The Court, however, recognized that the seventeenth amendment, which provides for the popular...

Many people with whom I talk about politics with are stunned by my constant assertions that America is not supposed to be a democracy. I credit public education for this. The fact is that most people are almost totally ignorant of history and completely brain-dead about the Constitution. Our Founding Fathers did not give us a democracy, nor did they intend to. They were very well-educated men (especially by today's standards), and they knew, historically, democracies had never worked, even on the small scales when they had been attempted. They knew if democracy wouldn't work on the small scale of...

It's a hardy perennial in the more philosophically-oriented conservative circles, despite its manifest political infeasibility: the argument that the Seventeenth Amendment should be repealed or should never have been passed. While this argument does have its virtues, I disagree. Regardless of whether it was a good idea at the time, repealing the 17th Amendment today would only weaken the mechanisms that are essential to conservative policies and conservative philosophy. Specifically, restoring to state legislatures the power over the election of Senators would make the Senate less directly accountable to the people and insulate the federal courts even further from public...

In the heat of the electoral controversy — the worst possible time to make constitutional decisions — many people, such as Senator-elect Hillary Rodham Clinton, are calling for an end to the Electoral College. Big mistake. Someone once said, Don’t knock down a wall merely because you cannot immediately see what it’s good for. The same can be said for the Electoral College. We should keep in mind that the Founding Fathers were of somewhat better caliber than the politician you are likely to see on television, including those with presidential ambitions. The Electoral College was not an idea floating...

f they think of sovereignty at all, most Americans view it as the right of a nation to govern itself. Academics take an approach that may not only be at odds with that view but with the dictionary as well. “The definition of sovereignty is that sovereign states acknowledge no superior,” Harvard professor J. Bryan Hehir said in a seminar sponsored by the Center for American Progress. Actually, the dictionary defines sovereignty as “freedom from external control.” The question is rapidly becoming more than merely academic although academics themselves are playing a key role à la Hehir, in redefining American...

Title: The Road to Mass Democracy: Original Intent and the Seventeenth Amendment Author: C. H. Hoebeke Published: New Brunswick, N. J.: Transaction Publishers, 1995. Price: $39.95 (hardcover) Pages: 211 Reviewer: Todd J. Zywicki Affiliation: Mississippi College School of Law The Constitution of 1787 provided for the appointment of United States senators by state legislatures. In 1913, the Seventeenth Amendment was ratified, installing the current regime of direct election of U.S. senators. The bloated and special-interest-driven nature of the federal government during this century has led scholars in recent years to reexamine the original framework of the Senate and to...

With respect to states' rights, it should be readily apparent to all that state governments cannot exert any meaningful influence or control over the federal government, judiciary, or any other federal institution. Let us state the problem precisely. At the present time, there are no checks and balances available to the states over federal power or over Congress itself in any area. However, in the history of our country, it was not always this way. In the original design by the Framers of the U.S. Constitution, there was an effective check on Congress through the state legislatures' power to appoint...

From The Center for Constitutional Studies Democratizing the Constitution: The Failure of the Seventeenth AmendmentC. H. Hoebeke*[From HUMANITAS, Volume IX, No. 2, 1996 © National Humanities Institute, Washington, DC USA] It was with no small sense of vindication that Secretary of State William Jennings Bryan signed the proclamation of 31 May 1913, declaring the Seventeenth Amendment duly ratified and incorporated into the fundamental laws of the United States. More than twenty years earlier as a Nebraska congressman, "The Great Commoner" had joined the struggle to free the Senate from the control of corrupt state legislatures, and despite three failed campaigns for...

Republican presidential candidate John McCain said Wednesday the Senate should apologize for slavery and segregation, calling them “dark chapters in our history.” McCain said he would support a planned resolution by fellow Republican Sen. Sam Brownback, who is also seeking the presidency, to apologize for racist laws, some of which ended more than a century ago. “They were federal policies,” Brownback told the Boston Globe on Monday. “They were wrong. The only way for us to move forward . . . is at the end of the day acknowledging those, taking ownership for it, and asking for forgiveness.” McCain agreed...

This weblog calls for the repeal of the 17th Amendment and addresses the abusive hegemony committed by the U. S. Senate. If Americans want to remove some corruption from government, the first significant step is to repeal the 17th Amendment. Americans should fear the steady growth by the oligarchy in the Senate. We should fear the oligarchs more because our Constitution cannot be spoiled by bombs, the courts, or the President; only through legislation.

So see if you can follow this. George W. Bush, the imperial president of left-wing lampoon, orders his National Security Agency to intercept enemy communications without judicial warrants -- something the courts have repeatedly ruled presidents have inherent authority to do -- and the left decries the purportedly criminal sundering of our Constitution. Yet, the same George W. Bush issues a diktat declaring unto himself the power to rewrite state law and command state judges -- authority no president has ever had in our federalist system of divided powers -- and the left falls silent, and least when its shock...

NEWTON, Iowa (AP) — Republican presidential hopeful Fred Thompson said he's met frequently with influential social conservatives who are willing to accept his position on a constitutional amendment banning gay marriage even though it doesn't go quite as far as they would like. Thompson favors a constitutional amendment that bars judges from legalizing gay marriage, but also leaves open the door for state legislatures to approve the practice. He said social and religious conservatives who would prefer an amendment that also bars legislatures from legalizing gay marriage can live with his view. "Everyone I have talked to in my meetings...

Jury finds couple guilty in pot case By: Penne Usher, Journal Staff Writer Two Cool residents were found guilty in federal court Thursday of manufacturing and selling large amounts of marijuana. But the Cool professionals, Marion "Molly" Fry, a doctor and her lawyer husband, Dale Schafer, say they are unfairly targeted and that the pot they were growing, completely legal, was allowed under the California Compassionate Use Act. "They were convicted by the jury of all charges in the indictment after three hours of deliberation," Rosemary Shawl, spokeswoman for the U.S. Attorney's Office said Friday. "The are out of custody...

<p>SAN FRANCISCO --Federal agents said Thursday they shut down a factory that made marijuana-laced barbecue sauce, chocolate-covered pretzels and other "enhanced" snacks intended for medical users of the drug.</p> <p>The Drug Enforcement Administration said it arrested three people Wednesday and was looking for a fourth who operated Oakland-based Tainted Inc.</p>

How Libertarians Ought To Think About The U.S. Civil WarBy Timothy Sandefur[Reason Papers vol. 28, pp. 61-83, Spring 2006] I. IntroductionFor decades, outspoken libertarians have seen the Civil War not only as ahistorical calamity, but as a political calamity as well. According to many libertarians,the Union victory in the Civil War, and the presidency of Abraham Lincoln in general,represented a betrayal of American Constitution and of the fundamental principles ofAmerican political philosophy.This interpretation rests on two major arguments as well as a variety of moreminor concerns. The more minor concerns include specific critiques of the policies of theLincoln Administration, or...

SUMMARY: Fred Thompson has been consistent — though not perfect — on issues of federal power over states. But it sometimes comes at the expense of conservative ideals. WASHINGTON – Fred Thompson is casting himself as the conservative’s choice for president. The question is, whose version of conservatism is it? In explaining his opposition to certain positions considered sacrosanct to the Republican Party’s conservative base, Thompson, a former U.S. senator from Tennessee, describes his views as federalist and calls himself an old-school conservative whose philosophy was once mainstream for the GOP but in recent years has been squeezed out. “I’ve...

Sen. Barack Obama (D-Ill.) recently said that, if elected president, he would end the federal raids on marijuana clinics in states that have legalized the drug for medical purposes. That makes the Democratic field unanimous now — all would end the raids and allow the states to craft their own medical marijuana policy, free from federal interference. By contrast, just two of the remaining GOP candidates — Rep. Ron Paul (Texas) and Rep. Tom Tancredo (Colo.) — and none of the front-runners have promised to call off the raids. This is unfortunate for a party that once fancied itself the...

The government will retry a prominent marijuana advocate on cultivation charges even though he faces no punishment if convicted, beyond the one day in jail he's already served, a federal prosecutor said today. Prosecutors decided on a second trial for Ed Rosenthal after a "thorough and careful review,'' Assistant U.S. Attorney George Bevan told U.S. District Judge Charles Breyer... Defense lawyer Shari Greenberger said she would ask Breyer to order the government to reimburse Rosenthal for the time his lawyers spent getting the new charges dismissed.

It's been 20 years that America has had a minimum federal drinking age. The policy began to gain momentum in the early 1980s, when the increasingly influential Mothers Against Drunk Driving added the federal minimum drinking age to its legislative agenda. By 1984, it had won over a majority of the Congress. President Reagan initially opposed the law on federalism grounds but eventually was persuaded by his transportation secretary at the time, now-Sen. Elizabeth Dole. Over the next three years every state had to choose between adopting the standard or forgoing federal highway funding; most complied. A few held out...

Jim Harper of the CATO Institute wrote an outstanding article on the REAL ID Act. While trekking through our local Fox News Headlines in the dense jungles of Washington DC, Harper's article put me on the scent of four fine specimens of RINO. The RINOs I found are four Republican Senators who have cosponsored the REAL ID Act most recently authored by Senator Susan Collins (R-ME). I thought I was on the trail for five, but it seems as if though Sen Carper (D-DE) was just another liberal democrat trying to increase the size and scope of government by cosponsoring...

A proposal that once inspired fears and jokes about drug abuse -- legalizing the use of marijuana for medical reasons -- stands a good chance of passage in the Minnesota Legislature this year. Political support for that controversial step is coming from unlikely places. Advocates for a bill to allow seriously ill patients to use marijuana with their doctors' recommendation say that as many as half of the 49 Republicans in the House would support the measure in a floor vote. Former House Speaker Steve Sviggum, a Republican, is co-author of the medical marijuana bill and says he became a...

The Museum of the Confederacy will likely drop the word "Confederacy" from its name when it moves its collection to a new home.

WASHINGTON, Feb. 4 — Opposition among state officials is turning into an open revolt against a federal law calling for the creation of standardized driver’s licenses nationwide that are meant to be less vulnerable to fraud. Maine legislators started off the rebellion late last month by passing a nonbinding resolution that rejected the law, called the Real ID Act, which Congress passed in 2005. They said that it would cost the state $185 million to put into place and that instead of making Maine’s residents more secure, it would leave them more vulnerable to identity theft. Since then, legislatures in...