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Constitutional News & Commentary

California gun-control votes trigger recall attempts
Fri, Oct 25, 2013
Emboldened by the recall of two Colorado lawmakers last month, California gun-rights activists within a few weeks will be collecting petition signatures to kick several state lawmakers out of office, the activists announced Thursday. Read More...
Call yourself a 'hacker', lose your 4th Amendment right against seizures
Thu, Oct 24, 2013
A US district court has ruled that anyone calling themselves a "hacker" loses their Fourth Amendment protections against unreasonable searches and property seizures. The court in Idaho decided that a software developer’s computer could be seized without him being notified primarily because his website stated: “We like hacking things and don’t want to stop.” Read More...
Obamacare Penalty: Fine Or Tax? Constitutional Debate Rages After 2013 Government Shutdown
Wed, Oct 23, 2013
The Obamacare penalty is either an Affordable Care fine or tax depending on who you ask. And the Obamacare constitutional debate over the individual mandate has resumed with the 2013 government shutdown and the opening of the Obamacare exchanges. Read More...
Abolish the Department of Homeland Security
Wed, Oct 23, 2013
More than three months after Department of Homeland Security Secretary Janet Napolitano announced her departure, President Obama finally nominated her replacement, former top Pentagon lawyer Jeh Johnson. Read More...
Fifth Amendment privileges take on new light due to cloud computing
Tue, Oct 22, 2013
As cloud computing technology continues to become more pervasive, the application of the Fifth Amendment to protecting a suspect's encrypted data is likely to become a more prevalent issue in litigation, finds a paper by J. Adam Engel, vice president of Lycurgus Group published in the Whittier Law Review. Read More...
Soldier's trial draws attention of gun rights advocates
Thu, Oct 17, 2013
A soldier arrested for carrying an assault rifle told the police officer who arrested him that he had the weapon, "because he could," the officer said Wednesday during a trial that has the attention of national gun rights advocates. Read More...
Texas School District Arms Teachers, Posts Signs Putting Would-Be Attackers on Notice
Thu, Oct 17, 2013
In a change from preceding years, schools in Shamrock, Texas now have a sign on their premises warning would-be attackers that armed teachers are ready to use to force to defend children. Read More...
Rep. McClintock: Obama Creating 'Constitutional Crisis' by Threatening Default
Wed, Oct 16, 2013
The impasse in Washington may have started as an attempt to defund or delay Obamacare, "but it has now taken on the dimensions of a Constitutional crisis," Rep. Tom McClintock (R-Calif.) said in a speech on the House floor Monday. Read More...
McCutcheon v. FEC: Why it matters
Tue, Oct 15, 2013
The Supreme Court was asked to decide last week in McCutcheon v. Federal Election Commission, whether the government may limit how many candidates an individual can contribute to by means of an aggregate limit on how much he or she may contribute. Federal law imposes “base limits” on the amount an individual may give to any single candidate, party, or PAC, but also imposes “aggregate limits” — the ones at issue in this case — on the total that may be given to all recipients combined. Read More...
Napolitano on Fast & Furious Book: 'Last Thing ATF Wants Is for Truth to Get Out'
Tue, Oct 08, 2013
(VIDEO) The ATF agent who blew the whistle on Fast and Furious is being barred from writing a book about the agency's failed "gun-walking" operation. Read More...
Andrew Napolitano: Is defunding ObamaCare a constitutional right?
Fri, Oct 04, 2013
(VIDEO) Analysts say online signup makes it harder to repeal law. Read More...
Unprecedented: The Constitutional Challenge to Obamacare
Thu, Oct 03, 2013
"When this case first started in 2009 it was a laugher," explains Josh Blackman, assistant professor at the South Texas College of Law and author of the new book Unprecedented: The Constitutional Challenge to Obamacare, which tells the inside story of the legal challenge surrounding President Obama's signature law. "Fast forward two-and-a-half years and this argument gained steam and gained traction and started to be accepted by judges and some scholars. And then we go to the Supreme Court where five justices say that Congress can't regulate inactivity and seven justices say that the federal government can't coerce states into accepting Medicaid money. Holy cow!" Read More...
Steve Stockman introduces bill to allow firearms on military bases
Wed, Oct 02, 2013
Rep. Steve Stockman, R-Friendswood, introduced a bill Thursday to repeal the ban on carrying weapons on military bases, in the wake of last week’s deadly shooting at the Washington Navy Yard. The Safe Military Bases Act would allow trained soldiers on bases to carry weapons in case of a terrorist attack, to prevent further tragedies like Fort Hood and Navy Yard from happening again, Stockman said. Read More...
Appeals court overturns decision to shutter website critical of Lafayette police
Tue, Oct 01, 2013
LAFAYETTE, La. (AP) — An appeals court has ruled a federal district court went too far last year when it shut down an entire website critical of the Lafayette Police Department and its chief, and sent the case back to U.S. District Court in Lafayette. Read More...
Judge Napolitano On UN Arms Treaty: 'A Treaty Cannot Trump A Constitutional Right'
Mon, Sep 30, 2013
On Wednesday, Secretary of State John Kerry signed the U.N. Arms Trade Treaty, designed to regulate international weapons trade. It immediately caused some, however, to worry that it could take away parts of our own Second Amendment rights. Read More...
This Man Lost Everything When He Was Sent to Prison Despite Not Breaking Any Laws
Mon, Sep 30, 2013
While he was moving from Colorado to New Jersey, Brian was pulled over and had his vehicle searched despite not being suspected of a crime. In the car he had two locked, unloaded and legally purchased firearms. The law specifically outlines an exemption clause which allows the transportation of legally owned firearms while in the process of moving. During the trail, the jury even asked the judge 3 times if they could rule based on this law but the requests were denied!  Read More...
Senate Website Gets Second Amendment Wrong
Fri, Sep 27, 2013
A web page covering the Constitution gets the scope of the Second Amendment wrong, telling readers that it is not clear whether the amendment protects an individual right or a collective right.  Read More...
A Facebook Like Is Now Covered by the First Amendment
Fri, Sep 27, 2013
The Founders could not have anticipated Facebook. In another way, though, they totally anticipated Facebook. Simple clicks of a button are now enshrined as constitutionally protected conduits of self-expression. Read More...
McDonald’s, Dunkin' Donuts to Gun Owners: Hey, We Respect Gun Laws
Mon, Sep 23, 2013
Up until this week, Starbucks had been neutral when it came to its gun policy, which meant that the coffee giant respected local laws regarding firearms. This policy was widely respected among gun-rights advocates—a Starbucks Appreciation Day has even been organized at stores throughout the country for the past few years—but it also drew the ire of anti-gun groups and lawmakers who have been pressuring Starbucks to change its ways. Read More...
VIDEO: California college bars student from handing out copies of Constitution
Fri, Sep 20, 2013
The Constitution guarantees the right to free speech, but don’t try to pass out copies of it at Modesto Junior College in California. A student at the school who tried to pass out pocket-size pamphlets of the very document that memorializes our rights got shut down on Sept. 17 – a date also known as Constitution Day. Read More...

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