Constitutional Law (page 103)

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    N.C. Supreme Court rules against death row inmates challenging a ‘lethal injection protocol’

    The N.C. Supreme Court affirmed today a lower-court ruling against death row inmates who had challenged the procedure used in 2007 to approve a new “lethal injection protocol” for executions in North Carolina. Because of various legal roadblocks, North Carolina has not executed a prisoner since 2006.
    Mitch Kokai, October 7, 2011
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    This weekend on Carolina Journal Radio

    Several North Carolina counties are asking voters in November for permission to raise the local sales tax. Michael Sanera critiques the sales pitch offered for those tax hikes during the next edition of Carolina Journal Radio. Roy Cordato discusses a new legislative study of North Carolina’s certificate of…
    Mitch Kokai, October 7, 2011
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    Supreme Court ‘term of the decade’?

    Law professor Jonathan Adler suggests in a new National Review Online column that the new U.S. Supreme Court term that begins today could be one of the most important in memory. When the Court adjourned in June, it had already agreed to hear a…
    Mitch Kokai, October 3, 2011
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    Natural law and constitutional jurisprudence

    Ask Texas government professor J. Budziszewski for a definition of “natural law,” and he might give you seven. His answer depends on the context in which the question is asked. Budziszewski offered all seven definitions and explained the links between natural law and our nation’s governance during a presentation this…
    Mitch Kokai, September 30, 2011
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    Death of Obamacare: Coming Soon

    Now that the Obama Administration and opponents of Obamacare are asking the Supreme Court to hear the challenges to Obamacare (plus the split in the Circuit Courts), it is even more likely that we will get an answer very soon (by June, 2012) as to whether the individual mandate is…
    Daren Bakst, September 30, 2011
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    New at CJO: Term-limits amendment sponsor angered that issue wasn’t resolved

    David Bass reports for Carolina Journal Online that Rep. John Blust, R-Guilford, is angry that colleagues couldn’t reach agreement on a proposed constitutional amendment to limit legislative leaders’ terms.
    Mitch Kokai, September 29, 2011
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    Supremes to rule on ObamaCare before 2012 election?

    Philip Klein‘s latest Washington Examiner article focuses on the timetable for the U.S. Supreme Court’s consideration of the legal challenges to the federal health care reform law. Last month, a three-judge panel of the 11th Circuit Court of Appeals struck down the requirement that…
    Mitch Kokai, September 27, 2011
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    Laying Article V fears to rest

    Unfortunately, federal legislators continue to give bipartisan support to deficit spending. This is predictable, since they use the debt-enabled money to buy votes and extend their power into state activity. Unlike 49 of the 50 states, these officials do not face a constitutional barrier to deficit spending–and that is in…
    Fergus Hodgson, September 23, 2011