Free Republic

It could be a coincidence—or it could foretell an historic Supreme Court term. The Court has now accepted two cases for this term that could threaten the essential legal underpinnings of the federal administrative state. The first is American Hospital Association v. Becerra, in which the plaintiff questions the Chevron doctrine—a rule fashioned by the Supreme Court itself in 1984 that requires lower federal courts to defer to administrative agencies’ interpretation of their delegated authorities, where the statute is ambiguous and the agency’s decision is “reasonable.” Under this rubric, lower federal courts have given administrative agencies wide leeway to interpret...

-snip-Justice Scalia writes, for instance, that he has little use for a central precedent the Obama administration has cited to justify the health care law under the Constitution’s commerce clause, Wickard v. Filburn. In that 1942 decision, Justice Scalia writes, the Supreme Court “expanded the Commerce Clause beyond all reason” by ruling that “a farmer’s cultivation of wheat for his own consumption affected interstate commerce and thus could be regulated under the Commerce Clause.”… Justice Scalia’s treatment of the Wickard case had been far more respectful in his judicial writings. In the book’s preface, he explains (referring to himself in...

"I don't worry about the Constitution," said Rep. Phil Hare, Democrat of Illinois, at a town hall meeting where voters questioned his support of the legislation that became Obamacare. You can find the clip on youtube.com, where it has 462,084 hits. That was before the 2010 election, in which Hare, running for a third term in a district designed by Democrats to elect a Democrat, was defeated 53 to 43 percent by Bobby Schilling, proprietor of a pizza parlor in East Moline. A lot of politicians are worrying about the Constitution these days. Liberal commentators were shocked this past week...

On August 18th 1787, at the Federal Convention, an Enumerated Power was motioned for addition to our Constitution. That was, “To establish public institutions, rewards, and immunities for the promotion of agriculture, commerce, trades and manufactures.” Say what? Oh yes. Any Freeper knows this did not make its way into Article I Section 8. Instead, the delegates approved the familiar Commerce Clause, “To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” Direct government involvement in “Promotion of commerce,” was rejected for regulation of commerce. Big difference, eh? Well, apparently not to FDR’s court some...

A New York court ruled last month that all income earned by a New Canaan, Conn., couple is subject to New York state taxes because they own a summer home on Long Island they used only a few times a year. They have been hit with an additional tax bill of $1.06 million. Tax experts and real estate brokers say this ruling could boost the tax bill for thousands of business executives who own New York City apartments they use only occasionally. It could also hurt sales in the Hamptons and New York's other vacation-home communities.

Chamber of Commerce President Tom Donohue indicated on Wednesday that the business group was looking past Congress and focusing more on federal regulators now that the election’s over. Donohue, during an address to members this morning, cited the threat of a “regulatory tsunami” as “the biggest single threat to job creation.” He claimed that the EPA is advancing 29 proposed major rules and the Labor Department was pushing “at least 100 regulations and policy changes.” The new financial regulatory overhaul has 320 required rule makings, and ObamaCare creates 183 “agencies, commissions and panels.”

In the latest news from my home state, aka La-La Land of the Loony Left, last week's polls showed that the initially high support for Prop 19, which would legalize recreational marijuana, have dropped below 50% .

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...

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

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...

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...

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...

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...

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.

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...

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...

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...

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...

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! http://www.nationalexpositor.com/News/2215.htmlWyoming 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...

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...