First Principles

In search of the Unified Theory of Conservatism

First Principles header image 4

Entries Tagged as 'Constitutional Law'

It’s Governor Sandoval’s Fault That the Obama Administration Undermined Welfare Reform?

August 8th, 2012 · 2 Comments

Last month, the Obama Administration issued an “Information Memorandum” that broadly reinterprets federal “welfare to work” programs, and encourages states to seek waivers of employment requirements for people on federally subsidized welfare benefits.  While the Memorandum claims that waivers won’t be granted if they violate the spirit of that welfare reform, the reinterpretation of the […]

[

Tags: Brian Sandoval · Campaign '12 · Constitutional Law · Federalism · Harry Reid · Mitt Romney · Obama · Welfare

So Ron Paul Supporters “Win” – But What Exactly Did They Win?

May 8th, 2012 · 13 Comments

Ron Paul supporters in Nevada had their crowning achievement this weekend – they “took over” the state party.  It took them four years of planning, coordination, and subterfuge, but they won a smashing victory over the weekend by sticking it to “The Establishment”. And in doing so, they (at best) did nothing.  At worst, they […]

[

Tags: Campaign '12 · Constitutional Law · Constitutionalists · Corruption · Libertarians · Mike Roberson · Mitt Romney · Principles · Republicans · Ron Paul · Sharron Angle

Be Careful What Newt Wishes For…

April 4th, 2012 · 1 Comment

A few months ago, I was seriously considering Newt Gingrich for my caucus vote.  But then he came out with his absurd and dangerous suggestion that the political branches of government have the power to haul federal judges before boards of inquiry, and that they be subject to impeachment if we don’t like their legal […]

[

Tags: Big Government · Campaign '12 · Constitutional Law · Health Care · Judges · Mitt Romney · Newt Gingrich · Obama

Judicial Political Strategery?

February 27th, 2012 · Comments Off on Judicial Political Strategery?

So today Judge Russell dismissed NPRI’s separation of powers lawsuit, saying that because the allegedly offending Senator had quit his Executive Branch job, there was no longer a conflict, and the case was moot. Last week I said this about it: Will NPRI’s separation of powers lawsuit continue forward?  There are clearly grounds for moving […]

[

Tags: Campaign '12 · Constitutional Law · Judges

What Should I Call Posts Like This? Everyone Else Already Uses “Nuggets”…

February 21st, 2012 · 2 Comments

So much great stuff around the Silver State’s Intertubes (and beyond) today… ~~~ Attorney General Cortez-Masto says that the presence of a middle man cures otherwise Unconstitutional transfer of money from government to private industry.  Interesting. I really hope NPRI files a lawsuit over this, if for no other reason than I always get a […]

[

Tags: Big Government · Campaign '12 · Constitutional Law · Corruption · Education · Environment · Environmentalists · Federalism · Health Care · Libertarians · Mitt Romney · Nevada Politics · Newt Gingrich · Principles · Religion · Republicans · Rick Santorum · Social Conservatism · Taxes

President’s Day Weekend Potpourri

February 21st, 2012 · 1 Comment

Here’s a roundup of some of the happenings of Nevada’s blogosphere over the weekend, in case you were off having a life or something. ~~~ Will NPRI’s separation of powers lawsuit continue forward?  There are clearly grounds for moving forward, even if the original defendant is no longer directly impacted, and eventually, a sitting legislator […]

[

Tags: Campaign '12 · Class Warfare · Constitutional Law · Crime · Democrats · Economy · Education · Free Markets · Harry Reid · Judges · Lawyers and the Law · Nevada Politics · Religion · Republicans · Rick Santorum · Social Conservatism · Space

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 […]

[

Tags: Constitutional Law · Obama

A Tale of Two Inadequately Argued Election Law Allegations

December 29th, 2011 · Comments Off on A Tale of Two Inadequately Argued Election Law Allegations

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 […]

[

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 · Comments Off on Mitt Romney’s Very Strange Definition of “Conservative”

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 […]

[

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 · Comments Off on Newt Gingrich, the Judiciary, and the Principle of Limited Government

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 […]

[

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 […]

[

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 […]

[

Tags: Constitutional Law

This Weekend’s Pointless DUI Checkpoint

December 16th, 2010 · Comments Off on This Weekend’s Pointless DUI Checkpoint

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 […]

[

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 […]

[

Tags: Constitutional Law · Health Care

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

October 19th, 2010 · Comments Off on Obama Is Right To Fight To Reinstate “Don’t Ask Don’t Tell”

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

[

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

Why Nevada Must Challenge ObamaCare

April 13th, 2010 · Comments Off on Why Nevada Must Challenge ObamaCare

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 […]

[

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. 

[

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 […]

[

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, […]

[

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 […]

[

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