Federalism
Andrew’s #5 makes me wonder whether he isn’t too enamored of the opportunity to oppose lefitsts in the course of supporting a liberal judicial ruling. I’ll admit that I, too, find it very interesting that my reasons for disagreeing with Judge Tauro’s rulings (as I understand them) ought to ally me with a variety of…
What started out as a comment in response to Justin’s post here has expanded to size of a full-blown post of its own…I’m actually not a big fan of the “Bongiorno” test, which seems to me to be yet another example of the basis of the Federal government being shifted away from the idea of…
As Andrew’s post on Judge Tauro’s ruling concerning the Defense of Marriage Act (DOMA) proves, conservatives will find a great deal of intellectual meat in the development — setting principles of federalism against a traditional understanding of marriage. I’ll have more to say on the issue in days to come, but for the moment, discussion…
In a decision issued yesterday, the Federal District Court for Massachusetts overturned a portion of the Federal Defense of Marriage Act (DOMA) for reasons including the violation of the Tenth Amendment and Congress lacking an enumerated basis for defining marriage, in the case of Massachusetts v. Department of Health and Human Services. Section 3 of…
One of the places that my quest for the sources of receivership law in Rhode Island has led me to is the Federal Constitution, Article I, section 10…No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and…
Do not believe that they mean it, when local Democrats tell you that the Tenth Amendment has no meaning, or at least no meaning relevant to modern government, or that the Constitution means only that the Federal government cannot do anything expressly forbidden to it. The actions of a couple of statewide Democratic office seekers…
At this past Saturday’s 10th Amendment rally in Providence, I had a chance to ask some quick questions to the statewide and semi-statewide candidates who attended. I asked Mark Zaccaria, Republican candidate for Congress in Rhode Island’s Second District, about the difference between running two years ago, when people were saying American capitalism was dead,…
I was late to yesterday’s 10th Amendment rally held on the front steps of the Rhode Island Statehouse because – I kid you not – I had to finish putting my income tax information together for a meeting later in the day, so the samples of audio linked below represent targets of opportunity I was…
Ed Fitzpatrick’s column, yesterday, suggests that the healthcare law, including the individual mandate, is constitutional, but one needn’t be as far right as Anchor Rising to be very concerned about the reason: The Supreme Court has held that Congress “can tax for any legitimate reason, and certainly providing health care for all Americans is a…
Perhaps it’s too easy to be the naysayer in a place like Rhode Island, but something about this good news: Legislation approved by the General Assembly on Tuesday and signed by Gov. Donald L. Carcieri later in the day raised the limit on charter schools in Rhode Island from 20 to 35, a key part…
