Below The Beltway

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Archive for the 'U.S. Constitution' Category

The Arizona “Birther Bill” Is Unconstitutional

Arizona Secretary of State Ken Bennett is suggesting that the “birther bill” pending in the state legislature may be unconstitutional as it applies to candidates for Federal office: Arizona Secretary of State Ken Bennett said creating state-level requirements for a federal office could violate the U.S. Constitution. “While everyone has an interest in ensuring that […]

Virginia Political Candidate Attempts To Shut Down Blog That Criticized Him

Vivian Paige and Eileen Levandoski were the first Virginia bloggers to report on the rather disturbing actions of Norfolk (Va.) Vice-Mayor Anthony Burfoot against a blog that was critical of his candidacy for City Council: A judge Wednesday forced the removal of a website attacking Vice Mayor Anthony Burfoot and the city’s treatment of downtown […]

Bill To Give Washington, D.C. A Vote In Congress Is Dead Yet Again

by @ Tuesday, April 20th, 2010. Filed under D.C. Vote Bill, U.S. Constitution, Washington DC

When we last left the legislative efforts to give the District of Columbia a vote on the floor of the House of Representatives, the bill was essentially deadlocked in the House after successful efforts in the Senate to add amendments that would have effectively repealed most of the the most egregious aspects of the city’s […]

Andrew Napolitano Asks, Who Killed The Constitution ?

by @ Tuesday, April 20th, 2010. Filed under Individual Liberty, U.S. Constitution

Judge Andrew Napolitano takes a look at what’s happened to our nation’s founding document: I think Ed Morrissey sums it up well: Let’s be honest, though; the Constitution has been an afterthought for Congresses controlled by both parties. Where in the Constitution does Congress derive the authority for No Child Left Behind, for instance, or […]

Democratic Congressman: I Don’t Worry About The Constitution

Ladies and Gentleman, Congressman Phil Hare (D., Il) And, just for reference, here’s the oath that Congressman Hare took in January 2009: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to […]

The Case Against An Article V Constitutional Convention

by @ Thursday, April 1st, 2010. Filed under Politics, U.S. Constitution

Virginia Delegate James LeMunyon has an article in today’s Wall Street Journal where he makes an argument that I’ve been hearing with disturbing frequency lately: The remedy is in Article V of the Constitution, which permits a convention to be called for the purpose of proposing constitutional amendments. Any proposed amendment then would have to […]

Justice Scalia May Have Already Made The Constitutional Case For Insurance Mandates

I’ve written several posts already about the difficult road that the Constitutional challenges to ObamaCare face in the Federal Courts, but a five year old opinion by the Court’s most conservative Justice could make the challenges even more difficult: Reporting from Washington – Lawsuits from 14 states challenging the constitutionality of the new national healthcare […]

What If It’s Not An Insurance Mandate, But A Tax ?

by @ Tuesday, March 30th, 2010. Filed under Economics, Health Care Reform, Politics, U.S. Constitution

That’s the argument that law professor Jack Balkin makes during a New York Times online forum on the Constitutionality of the health care reform law: The individual mandate, which amends the Internal Revenue Code, is not actually a mandate at all. It is a tax. It gives people a choice: they can buy health insurance […]

Judge Napolitano: Supreme Court Will Strike Down ObamaCare, But Not Until 2018

Judge Andrew Napolitano joins those predicting that the health care reform bill will be struck down, although his time frame is far longer than anyone else’s: In an exclusive interview with Newsmax.TV’s Ashley Martella, Napolitano says the president’s healthcare reforms amount to “commandeering” the state legislatures for federal purposes, which the Supreme Court has forbidden […]

Is ObamaCare Constitutional ? Yes ! It’s Right There In The “Good And Welfare” Clause

Congressman John Conyers discusses the Constitutionality of ObamaCare: How can we expect Members of Congress to abide by the Consitution, when it’s so blindingly obvious that they don’t even know what’s in it ?

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