Constitutional Law (page 172)

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    Victory for Federalism

    There was a victory for federalism yesterday.  Private parties can challenge federal statutes that violate states’ rights. The United States Supreme Court in Bond v. United States held “Bond [plaintiff] has standing to challenge the federal statute on grounds that the measure interferes with the powers reserved to…
    Daren Bakst, June 17, 2011
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    Margaret Sanger and Eugenics

    By chance I was doing some additional research on eugenics and found this “defense” of Margaret Sanger (founder of Planned Parenthood) and her association with eugenics.  The following is from Planned Parenthood Affiliates of New Jersey: Although Sanger uniformly repudiated the racist exploitation of eugenics principles, she agreed with…
    Daren Bakst, June 8, 2011
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    Senate about to take another LSD trip

    JLF’s Becki Gray reports that the Senate Finance Committee just passed Senate Bill 527, Life Sciences Development Act, by voice vote. The bill resurrects a state-backed venture capital loan fund to support biotech startups. As CJ‘s David Bass reported last year, the bill would establish a private…
    Rick Henderson, June 8, 2011
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    Overcriminalizing Actions: The Plaxico Burress Example

    As I wrote a couple of years ago, it was absurd that New York Giants wide receiver Plaxico Burress went to jail for illegally carrying a gun in a Manhattan nightclub.  He has just been released from federal prison. He did have a license for the gun in…
    Daren Bakst, June 7, 2011
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    Lessons for Lefties: The Legislature

    I have decided to start a new public education campaign for far-left extremists to teach them the basics of government and anything else they may be having problems understanding.  I’d include pictures, but I only have so much time. Today’s lesson: The state legislature.  Click here for today’s reading.
    Daren Bakst, June 3, 2011
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    Barone dissects the president’s shaky relationship with the rule of law

    Michael Barone‘s latest Washington Examiner article questions President Obama’s fidelity to the rule of law: In his new book “The Origins of Political Order,” Francis Fukuyama identifies the chief building blocks of liberal democracy as a strong central state, a society strong enough to…
    Mitch Kokai, May 25, 2011
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    Congress and Eminent Domain

    American Thinker recently published my op-ed on a bill in the United States House that would make it more difficult for state and local governments to abuse their eminent domain power. In addressing why eminent domain reform is a federal issue and not just a state issue, I…
    Daren Bakst, May 18, 2011
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    New at CJO: Republican legislators bypass Perdue, Cooper in ObamaCare legal challenge

    David Bass’ latest Carolina Journal Online report focuses on the friend-of-the-court brief Republican legislative leaders have filed in the lawsuit challenging ObamaCare’s constitutionality.
    Mitch Kokai, May 12, 2011