Joe Wolverton, II, J.D.
The ink on S.B. 1070 hadn’t dried before motions to enjoin its enforcement were filed in federal district court. One of those motions, a motion for a preliminary injunction, was filed by the Department of Justice on behalf of the government of the United States. Wednesday, the court ruled on that motion.
Elena Kagan has a problem with fundamentalism — Christian fundamentalism. Kagan has no similar qualms about Sharia, the jurisprudential expression of Islamic fundamentalism, however.
Reports from the Empire State indicate that the National Guard is assisting local law enforcement in Albany, that state's capital city, to search and seize weapons from citizens — an apparent violation of the Fourth Amendment and the Posse Comitatus Act.
President Barack Obama nominated Solicitor General Elena Kagan on May 10 to occupy the chair that would be soon left vacant by Supreme Court Justice John Paul Stevens, who announced on April 9 that he would retire at the conclusion of the Court's summer term.
Elena Kagan's responses to the questions put to her by the Senate are worthy of comment since she has been nominated for a significant position. A companion piece to this article will review some of her answers and check them against the standard handed down to us by our noble Founding Fathers — namely, the Constitution of the United States. Apart from that analysis, however, there is the equally compelling question of just whether this whole business of the modern nomination hearing circus was ever anticipated by the Framers or provided for by the provisions of the Constitution itself.
The City of Brotherly Love is demanding that the local councils of the Boy Scouts of America renounce the national organization's stance against homosexuality or face the recision of the sweetheart lease agreements they currently enjoy.
There is a sizable bloc of Tea Party supporters calling for repeal of the 17th Amendment to the United States Constitution. The 17th Amendment establishes direct, popular election of U.S. Senators, superseding Article 1, Section 3, Clauses 1 and 2 which empowered state legislatures to elect senators.
As has been faithfully chronicled by The New American, the attorneys general of 20 states have joined as plaintiffs in a lawsuit aimed at scuppering ObamaCare and having various of its most noxious provisions (most notably the individual mandate) declared unconstitutional.
In a now famous admission of disregard for our nation’s founding document, Speaker of the House Nancy Pelosi (D-Calif.), when asked where in the Constitution could be found authorization for the healthcare overhaul, asked in return, “Are you serious? Are you serious?” She then spun on her heel and moved on down the corridor. Representative Phil Hare (D-Ill.) conveyed similar constitutional sangfroid when he said, “I don’t really worry about the Constitution on this, to be honest.” Well, points for candor if not for constitutionalism.
Speaker of the House Nancy Pelosi (D-Calif.) once famously chided a reporter who asked where in the Constitution Congress was authorized to mandate health insurance coverage with the disdainful response, “Are you serious?”