Tag: Clarence Thomas
The Government on the Extent of the Commerce Power

In a dissent from a denial of cert. in Alderman v. United States, Justice Clarence Thomas highlights just how far the Government is willing to take the Commerce Power. The issue in Alderman was whether Congress may prohibit a convicted felon from possessing body armor. See 18 U.S.C. section 931. The vest had been sold in...
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Civil Commitments: Necessary and Proper??

On Monday the Supreme Court in United States v. Comstock, held that Congress has the power under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to enact 18 U.S.C. § 4248. Section 4248 authorizes court-ordered civil commitment by the federal government of two categories of “sexually dangerous” persons: (1) “sexually dangerous”...
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Today at the Supreme Court

The Supreme Court decided an 8th Amendment case today, Graham v. Florida. The Court held that the Cruel and Unusual Punishment Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. While reasonable people can agree or disagree with the Court’s decision as a...
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Rush Limbaugh and the Race Hustle

In a recent op-ed for the Wall Street Journal, Rush Limbaugh defends his record (“I am not a racist”) and further points out the double standard allowing left-liberals off the hook for statements that are clearly racist. Limbaugh’s defense highlights several problems for libertarians and conservatives: First, playing defense 24/7 is no way to...
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