George Will opens his recent column criticizing the Defense of Marriage Act (DOMA) on federalism grounds by quoting from a 1948 Supreme Court case: “[U]nder the Constitution, the regulation and control of marital and family relationships are reserved to the States.” What he doesn’t point out is that the citation …
The inflammatory attacks on Justice Antonin Scalia after the oral arguments in the Supreme Court in the Shelby County case last week show the desperation of the supporters of the “racial entitlement” that is Section 5 of the Voting Rights Act. Those attacks, and some of the disgusting political cartoons …
While other events may compete for our attention this fall (baseball playoffs, football, national election campaigns), next Monday, October 1, marks the beginning of a new Supreme Court term. The Court’s last term also reminds us that the judiciary sometimes plays an outsized role in our republic. Thus, as Heritage’s …
President Obama’s illegal non-recess appointments are unconstitutional and defy the process the Founding Fathers intended, Sen. Mike Lee (R-UT) told a House committee Wednesday. The House Oversight and Government Reform Committee invited a handful of constitutional law experts to discuss the four controversial appointments Obama made in January. Citing delays …
This afternoon, a three-judge panel of the U.S. Eleventh Circuit Court of Appeals in Atlanta ruled that the individual mandate in the Patient Protection and Affordable Care Act (PPACA), more commonly known as Obamacare, is unconstitutional. The carefully worded and thorough (over 300 page) set of opinions may be a …
On October 23rd, a reporter asked Speaker Nancy Pelosi (D-CA): “Madam Speaker, where specifically does the Constitution grant Congress the authority to enact an individual health insurance mandate?” Speaker Pelosi shook her head and before moving on to another question replied: “Are you serious? Are you serious??” Pressed for a …
