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Joe Wolverton, II, J.D.

ConstitutionThe fight to enforce the mandates of the Tenth Amendment continues as one local police department looks to line its pockets by “cooperating” with the feds in exchange for a cut of the money derived from seizures of property associated with drug busts.

The National Review touts itself as a conservative publication. It consistently espouses what it considers right-of-center policy positions, as well as promoting the popularity of “conservative” candidates.
 
 
There is little doubt that given the thickness of the fog of hubris that permeates every office of that periodical that it sincerely believes that its positions are consistent with the Constitution, as well. That is to say, were one to ask the journalists who write for the National Review if they were constitutionalists, they would likely respond, to a man, in the affirmative.

A new bill making its way through the Tennessee General Assembly states that a federal employee who is not designated as a Tennessee peace officer may not make an arrest or conduct a search and seizure in the Volunteer State without the express consent of the sheriff of the county in which the arrest, search, and seizure is to occur except under certain enumerated circumstances.

A federal court of appeals threw out Virginia’s legal challenge to Obamacare and with it, the principles of federalism and state sovereignty.

Thursday, the three-judge panel of the Richmond, Virginia-based 4th Circuit Court of Appeals unanimously held that the state of Virginia lacks jurisdiction to challenge the twin federal health care measures passed in 2010 and known collectively as Obamacare.

A recent article in the Washington Post posited that the obstruction by the Congress of presidential recess appointments is unconstitutional.

This debate emerged in light of the fact that currently, there is a backlog of presidential appointments. There are two explanations for this. First, President Obama has yet to nominate people to fill various executive and judicial branch openings. For example, a new chairman of the Council of Economic Advisers has yet to be named and there are two empty seats on the Federal Reserve board. The second reason behind the logjam is the Senate’s reluctance to confirm those nominees already submitted by the President for that body’s approval.

While the debate over the raising, lowering, or demolishing the debt ceiling is new(ish), the fact that the federal government’s financial house is in disorder is a situation that has existed for over a century. The last few Presidents (of both parties), in collusion with an all too compliant Congress (regardless of which party was in the majority), have spent money on a scheme of government expansion that would drive any nation into the abyss of fiscal desolation in which America now finds itself.

The White House has informed Governors that they are forbidden from opting out of the Department of Homeland Security’s controversial Secure Communities (SComm) program. The plan mandates the cooperation of federal, state, and local law-enforcement agencies in the identification, arrest, and deportation of criminal aliens. U.S. Immigration and Customs Enforcement (ICE) is the branch of DHS tasked with managing the program.

In an op-ed published last Thursday in the Wall Street Journal, Senators Olympia Snowe (R-Maine) and Jim DeMint (R-S.C.), declared that “Republicans in the Senate are united” behind the passage of a Balanced Budget Amendment.

ConstitutionAs part of its July 4, 2011 cover story on the relevance of the Constitution, Time magazine included the results of a poll of Americans on several issues germane to that topic.

Time magazineThe cover of the July 4, 2011 issue of Time magazine depicts a shredded Constitution superimposed with the question: “Does it still matter?” The tone of the cover article makes Time’s answer to that question obvious.

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