By Melancton Smith | Friday March 2, 2012 at 8:33 AM PDT | 7 Comments
States are starting to show concern about certain provisions of the National Defense Authorization Act (“NDAA”), which allows the indefinite detention of U.S. citizens who are alleged to be terrorists or aiding terrorists. The President has “promised” to exempt citizens from indefinite detention, but that does not change what the law says or that he can always change his...
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Tags: Civil Liberties, Constitution, Defense, interposition, Law, Liberty, NDAA, nullification, Personal Liberty, Power, Presidential Power, Virginia
By Melancton Smith | Monday December 13, 2010 at 10:01 AM PDT | 5 Comments
U.S. District Court Judge Henry E. Hudson’s ruling today affirms that there are limits to Congress’s powers under the Commerce Clause. Congress’s attempt to force Americans to participate in the market for health insurance is a bridge too far under current precedent. Judge Hudson rightly recognized that requiring Americans to participate in commerce to is...
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Tags: Commerce Clause, Constitution, health care law, Healthcare, Hudson, Law, national health care, Obama Care, Obamacare, Regulation, socialized medicine, Virginia