Fact of the day: the Constitution sets no eligibility requirements for Supreme Court justices. They can be any age. They don’t have to be citizens, they don’t even have to be lawyers. http://ow.ly/ePQIN
If the Second Amendment merely said that state militias are entitled to have guns, the Framers wouldn’t have bothered. The main text of the Constitution assumes the existence of state militias that can be called up by the president to repel invasions and suppress insurrections. Did anyone doubt that they would be armed? http://ow.ly/ePRd3
With President Obama’s re-election, the burden of opposing ObamaCare shifts to the states, which must aggressively assert their 10th Amendment rights. Here’s my recent discussion of the issues on Newsmax TV:
Supreme Court Justice Joseph Story described the right to keep and bear arms as “the true palladium of liberty.” http://ow.ly/ePR5w
At the time of the Founding, “commerce” referred to “trade and trafick” — literally the exchange of goods, services, and money. Congress’s power to regulate “commerce” has become a blank check to regulate ANY activity that might have some impact on the economy, no matter how tangential. http://ow.ly/ePP0A
The other day I sat down for a 10-minute video interview with Brian Anderson,
Editor of City Journal (if you don’t read CJ already, please check it out, it’s a
must-read). We talked about constitutional law and, naturally, my new
book. I recommend the video, of course, but also wanted to draw your attention
to the You Tube channel of the Manhattan Institute, which publishes
City Journal, where you can find other interviews, speeches, and the fabulous
videos of our own Andrew Klavan.
We the People. At the time of the founding, “the people” was a term of art – it referred to the permanent members of the body politic: citizens and permanent residents. Rights that the Constitution reserves to “the people” (eg, the Fourth Amendment) do not apply to illegal aliens. http://ow.ly/ePOhy
Here’s my first post-election analysis on the impact of Obama’s second term on the Courts. I’m not optimistic. Given Obama’s inclination to appoint activist judges – plus an aging Supreme Court, we could see a new liberal majority on the High Court.
On Friday (Nov. 9), I was on Fox & Friends talking about the role of the Constitution in the age of Obama. It’s been estimated that 60 percent of the federal budget goes to programs beyond the federal government’s constitutional powers. If both parties would simply agree to uphold the Constitution (after all, they took an oath to do so), we could cut federal spending by more than half. So much for the fiscal cliff! Unfortunately, Fox did not post a clip of the video, but they do feature my book on the Fox & Friends homepage.