First Principles

In search of the Unified Theory of Conservatism

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Entries Tagged as 'Constitutional Law'

Gratuitous Lawlessness

January 6th, 2012 · 5 Comments

Steve Sebelius wrote a nice piece – from the left, no less – which correctly points out the tremendous danger of President Obama’s completely lawless non-recess recess appointment of Richard Cordray to be the Director of the newly created Consumer Financial Protection Bureau.  But then Sebelius tries to find a Constitutional fig leaf for the [...]

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Tags: Constitutional Law · Obama

A Tale of Two Inadequately Argued Election Law Allegations

December 29th, 2011 · No Comments

Republicans in Clark County have been up in arms over some new election regulations being pushed through by the Secretary of State’s Office over the holidays.  I admit, the timing is very suspicious, and should alone raise all kinds of red flags.  But the article on it is frustrating, because nowhere is there any hint [...]

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Tags: 1st Amendment · Constitutional Law · Corruption · Nevada Politics · Partisanship · Republicans · Sharron Angle · Voter Fraud

Mitt Romney’s Very Strange Definition of “Conservative”

December 22nd, 2011 · No Comments

Mitt Romney has always been my default candidate in this race.  He’s acceptable, good enough, has some points about him I really like, could beat Obama, and ultimately would be a vastly better President than the current one.  And his resume is full of taking economically failing institutions and slashing their waste until they’re successful [...]

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Tags: Assembly 25 Campaign · Campaign '12 · Constitutional Law · Federalism · Health Care · Mitt Romney · Newt Gingrich · Principles

Newt Gingrich, the Judiciary, and the Principle of Limited Government

December 18th, 2011 · No Comments

I missed last Thursday’s debate where Newt Gingrich and Michelle Bachmann took aim at the Supreme Court, and indeed, the Federal Judiciary generally.  But since then Newt has kept at it, and his answers make me incredibly nervous. The principle of limited government means that government must be strictly limited – even if you like [...]

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Tags: Big Government · Campaign '12 · Constitutional Law · Criminal Law · Judges · Lawyers and the Law · Newt Gingrich · Principles

What’s More Disgusting Than The Murder of Innocents? Using Those Murders To Limit the Civil Liberties of Your Political Opponents (Or Anyone Else)

January 11th, 2011 · 3 Comments

I keep thinking about Christina Green, the 9 year old girl who was murdered in Tuscon this weekend. I think about how many political events I’ve been to, and how many times my family has been with me.  I think about my own little girl.  I think of the many drawers full of felony cases [...]

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Tags: 1st Amendment · 2nd Amendment · Constitutional Law · Crime · Hillary Clinton · Palin · Partisanship

Ignorant Liberal Attacks on the Reading of the Constitution Show Why It Badly Needed To Be Read

January 8th, 2011 · 2 Comments

The Constitution is not a difficult document to read, or even to understand.  Sure, there has been much debate over the years.  But in the last 80 years or so, much of the debate is not about what it means, but about how to get around what it means without actually amending the document. But [...]

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Tags: Constitutional Law

This Weekend’s Pointless DUI Checkpoint

December 16th, 2010 · Comments Off

This last weekend my wife and I went to a Christmas party, and on the way to drop off the little one, we passed the DUI checkpoint on Kietzke.  It was 6:30 PM, and the line of delayed cars stretched for blocks.  Anyone turning around was pulled over for evading the checkpoint, which is a [...]

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Tags: Constitutional Law · Criminal Law

Best ObamaCare Legal Analysis Yet

December 15th, 2010 · 3 Comments

University of Chicago Law Professor Richard Epstein makes Virginia v. Sebelius easy to understand for anyone who cares to actually understand the Constitutional (as opposed to policy) arguments against ObamaCare: The key successful move for Virginia was that it found a way to sidestep the well known 1942 decision of the Supreme Court in Wickard [...]

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Tags: Constitutional Law · Health Care

Obama Is Right To Fight To Reinstate “Don’t Ask Don’t Tell”

October 19th, 2010 · Comments Off

But when he’s done in court, he should get rid of the policy altogether.

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Tags: Constitutional Law · Judges · Military Service · Obama · Sea Stories

Why Nevada Must Challenge ObamaCare

April 13th, 2010 · Comments Off

Attorney General Cortez-Masto’s decision to ignore the Governor’s request and to not join over one third of the Union in a Constitutional challenge against ObamaCare is a travesty.  The threat to our country and to our state particularly is real and immediate, and our participation in the lawsuit is critical to the rule of law [...]

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Tags: Assembly 25 Campaign · Big Government · Constitutional Law · Federalism · First Documents · Health Care · Principles

Liveblogging the State of the Union

January 27th, 2010 · 22 Comments

Well, no big surprises.  He made the same promises that he made a year ago, and the only difference is that now we can be even more sure he won’t keep any of them. The big takeaway from me on this was just how unserious this speech was. 

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Tags: 1st Amendment · Big Government · Campaign '10 · Class Warfare · Congress · Constitutional Law · Corporations · Democrats · Economy · Education · Environment · Federalism · Foreign Policy · Free Markets · George Bush · Global Warming · Health Care · Iraq · Military Service · Nanny State · Obama · Partisanship · Republicans · Taxes · Veterans · War on Terror

What We’ve Learned from Cash for Clunkers

August 5th, 2009 · 5 Comments

Obama has declared the program a “success.” But what does that mean?  Consider: Congress authorized $1 Billion for the program, and expected it to last until November.  It didn’t make it past the first week of August.  This is an important thing to consider when considering the President’s own spending and deficit projections. That first [...]

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Tags: Big Government · Constitutional Law · Economy · Environment · Health Care · Liberals · Obama · Socialism

The Liberal Disconnect on Judges

May 26th, 2009 · 1 Comment

Note:  I wrote most of this before President Obama announced his Sotomayor nomination.  Stand by for more on that in the coming days. A friend of mine from law school recently posted this article from The Gawker on Facebook.  Ordinarily, my friend, although I usually disagree with him, posts interesting and thought provoking links.  Alas, [...]

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Tags: Constitutional Law · Judges · Lawyers and the Law · Liberals · Principles

An Offer We Can’t Refuse

April 6th, 2009 · 1 Comment

What do you call it when a gift is forced on you, “for your own good” as well as the good of your family and neighbors? And then what happens when you try to give that gift back, and aren’t allowed to? What happens when the response to the attempt to give that gift back [...]

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Tags: Capitalism · Class Warfare · Constitutional Law · Economy · Federalism · Free Markets · Liberal Fascism · Obama · Socialism

In Defense of Obama’s Signing Statements. Kind Of.

March 11th, 2009 · Comments Off

Today, Obama signed the uber-porky federal budget, which is plenty bad enough at a time when the federal government needs more than ever to watch every penny.  But along with it, he included a signing statement declaring that he considered 5 of the provisions he was signing into law unconstitutional, and would not enforce them. [...]

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Tags: Congress · Constitutional Law · George Bush · Obama

Traitor or Patriot? Soldiers and Constitutional Law

February 25th, 2009 · 8 Comments

During the Bush Administration, there were a few members of the military who deserted their country and their brothers in arms.  In order to justify their treason, they decided on their own that the Iraq war was Unconstitutional.  Their legal reasoning was absurd, but more importantly, they didn’t have the authority or standing to make [...]

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Tags: Constitutional Law · Military Service

A Prescient Warning From a Founding Father

February 19th, 2009 · 2 Comments

Amused Cynic points out this centuries-old but all-too-relevant warning from James Madison in Federalist No. 61: It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; [...]

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Tags: Big Government · Constitutional Law · First Documents · Obama

Obama’s Fundamental Constitutional Misunderstanding

October 27th, 2008 · Comments Off

A lot has been already made about Barack Obama’s lament that “economic justice” and “redistribution of wealth” wasn’t a priority for the Warren Court.  (I’ve even heard some people call his arguments “conservative” because he suggests that the courts may not be the best places to achieve such re-distribution.)  Not enough has been made, to [...]

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Tags: Campaign '08 · Constitutional Law · Federalism · First Documents · Obama · Principles

Smacking of Ridiculousness

August 11th, 2008 · 2 Comments

I got a campaign call yesterday from a supporter of local pawn shop manager and proud pit bull owner James Smack, a self-proclaimed “Constitutionalist” running against Dean Heller for his Congressional seat in the Republican primary.  He’s a Ron Paul type, and I’m not, so I politely told his supporter I was voting for the [...]

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Tags: Abortion · Constitutional Law · Constitutionalists · Federalism · First Documents · Nevada Politics · Principles · Ron Paul · War on Terror · Yucca Mountain