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Book Review: The Conscience of the Constitution

05/27/2014 11:12:59 AM

I recently was fortunate to observe Tim Sandefur argue the unconstitutionality of Obamacare in the District of Colombia Court of Appeals under the Origination Clause.1 Following the arguments a symposium on the Origination Clause was ...

Curt Clawson Hits Right Tone, Not Just for SWFL but the Nation

04/23/2014 10:12:08 AM

On April 22, in a special primary election in Southwest Florida, Republican voters selected Curt Clawson as their nominee for the June 24th special election for the United States Congress.  The campaign waged against Clawson had been perhaps ...

Consider the Association When Buying a Condo

04/16/2014 14:49:59 PM

The buyer in a real estate transaction certainly is advised to do their “due diligence” in making the decision to complete a purchase.  Due diligence is the process of systematically researching and verifying all information needed to make ...

Curt Clawson for Congress in Southwest Florida Special Election

04/10/2014 19:36:40 PM

In 2012 I became involved in the Byron Donalds Campaign for United States Congress in Southwest Florida’s Congressional District 19.  It was a labor of love for our country and the principles of freedom and limited government that motivate ...

The Constitution’s Sixteenth Amendment: Result of Political Miscalculation

04/09/2014 16:02:16 PM

When April 15th rolls around as they labor toward the filing deadline for income taxes, Americans would be forgiven if they were to become nostalgic about Patrick Henry’s opposition to the Stamp Act of 1765 and his call for the death of the ...

Curt Clawson Meet & Greet April 8 4-6 PM Colonial Country Club

04/04/2014 11:44:34 AM

Join us this Tuesday, April 8 from 4-6 PM Colonial Country Club  Meet Congressional Candidate Curt Clawson The April 22 Special Primary Election for Congress will be upon us soon. Take this chance to meet and visit with Curt Clawson  Learn ...

The Fifth Amendment Guarantee Against Double Jeopardy

03/25/2014 00:31:34 AM

The US Constitution‘s Fifth Amendment requires government procedures to protect the natural, inalienable rights of life, liberty and the pursuit of happiness recognized in the Declaration of Independence. Among these protections is a limit ...

The Fifth Amendment’s Grand Jury: A Proud & Lost Protection of Liberty

03/21/2014 13:23:24 PM

The Fifth Amendment of the Bill of Rights mandates government procedures to protect the natural, inalienable rights of life, liberty and the pursuit of happiness recognized in the Declaration of Independence. The amendment contains five protections ...

The Fifth Amendment: Procedural Protections for Natural Rights

03/16/2014 23:27:58 PM

The First United States Congress proposed 12 amendments to the Constitution in 1789. The states ratified ten of the proposed amendments: The Bill of Rights. The Fifth Amendment contains five procedural rights. If the government seeks to take ...

Betrayed: The Story of Extortion 17 by the Father of a Navy SEAL

03/05/2014 12:54:56 PM

Review of Betrayed: The Shocking True Story of Extortion 17 On May 1, 2011, Aaron Carson Vaughn, member of America’s elite special operations force, Seal Team VI, called his father, Billy Vaughn and exclaimed: “Dad, we got him!”  The ...

Court Approves “Heckler’s Veto” over Flag Wearing Students

03/02/2014 21:32:19 PM

“Freedom has more often been lost in small steps by progressive incrementalism, than by catastrophic upheavals such as violence or war.” –James Madison. A cut was sliced into the First Amendment‘s Free Speech protections on February ...

Three Court Cases That Should Doom Obamacare

02/23/2014 19:51:39 PM

Over 100 cases are in federal court challenging constitutional aspects of the Affordable Care Act.  Most cases address a specific portion of the act and may alter a portion, but not overturn the entire law. Three cases have potential to doom ...

Constitutional Impeachment: An Alternative to Assassination

02/22/2014 11:59:37 AM

The Constitution‘s Impeachment Clause regarding the president and all civil officers of the United States is in Article II  and reads: “The President, Vice President and all civil officers of the United States, shall be removed from office ...

11th Amendment Overrules the Supreme Court

02/14/2014 08:40:38 AM

The Supreme Court interprets the Constitution. If the Court makes an unpopular decision, the recourse is an amendment. This happened with the Eleventh Amendment. During the Revolutionary War a South Carolina merchant, Captain Robert Farquhar ...

Book Review: The Second Revolution and The 2nd Amendment

02/09/2014 11:49:14 AM

“The laws that forbid the carrying of arms … disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than ...

What a President Can Legally Do with His Phone and Pen, Part II

02/05/2014 14:18:34 PM

David Frost: you’re saying is that there are certain situations … where the president can decide that it’s in the best interests of the nation or something, and do something illegal. Richard Nixon: Well, when the president does it

What a President Can Legally Do With a Pen and a Phone, Part I

02/03/2014 20:01:30 PM

President Obama brought national attention to the idea of running the country by “executive order” with his now famous:   “I’ve got a pen and I’ve got a phone”. He made that intent clear during the 2013 and 2014 State of the U ...

Constitution’s Origination Clause: Why Revenue Bills Start in the House, Part 3

01/21/2014 10:08:58 AM

Part 1 examined the history and purpose of the US Constitution‘s Origination Clause.  Part 2 introduced the Senate practice of “gut and replace” that pretends to comply with the Origination Clause.  This article explains why “gut and ...

The Fourteenth Amendment to the US Constitution

01/19/2014 21:13:51 PM

While the 13th Amendment abolished slavery, it did nothing regarding the legal status of the former slaves. The 14th Amendment gave them citizenship and did much more. At the end of the American Civil War Congress passed the Civil Rights Act ...

Constitution’s “Origination Clause”: Why Revenue Bills Start in the House, Part 2

01/14/2014 00:05:09 AM

For Drafters of the Constitution, a vexing problem was to establish a government that would give life to the philosophies of the Declaration of Independence and meet the practical political considerations of merging diverse states of differing ...

Constitution’s “Origination Clause”: Why Revenue Bills Start in the House, Part 1

01/13/2014 22:06:12 PM

There are overriding principles embodied in the US Constitution, derived from the Declaration of Independence.  These principles are beliefs about the status of people in relation to each other, their rights and government’s purpose.  Thomas ...

The US Constitution and Local Government

01/07/2014 14:08:49 PM

Discussions of the US Constitution tend to focus upon the actions of the president, congress and the Supreme Court.  While these are consequential, often overlooked is the impact of the Constitution on the actions of local government. Most ...

Two NSA decisions: One for the Constitution, One for the Government

12/28/2013 12:51:30 PM

On December 27, Federal Judge William Pauley, of the Southern District of New York, admitted everything that, on December 16th, Judge Richard Leon indicated was wrong with the National Security Agency’s Data Collection and Surveillance[ ...

Courageous NSA Ruling by Judge Leon Respects Privacy and Fourth Amendment

12/17/2013 23:09:39 PM

On December 16, 2013 US District Court Judge Richard Leon took on arguments[1] that over the years have been used to expand government intrusion into American life in ways that would have left James Madison “aghast”.[2] His opinion in Klayman ...

An Agency Theory of The Constitution as a Power of Attorney

12/13/2013 20:24:12 PM

“[W]e must never forget that it is a constitution we are expounding.” Chief Justice John Marshall, McCulloch v. Maryland (1819) Reviewing the 200 years of “expounding” the Constitution has undergone can be quite confounding.  There ...

Interstate Extradition in the United States

12/04/2013 01:41:20 AM

Every State of the United States has legal authority regarding people present within its boundaries. A State does not have authority over a person present in another State. For example: If a person is wanted for a crime committed in Illinois ...

Title Insurance: Buyers & Owners Policies

12/03/2013 19:40:58 PM

It is critical when making a real estate investment that the owner knows he owns the property free from any claims by third parties. When a buyer contracts to buy a home, he wants to be certain that the seller can legally sell it. Ownership ...

Fourth Amendment Origins: Court Battles Lead to Revolution

11/03/2013 09:32:10 AM

“The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.”   Sir Edward Coke,[1] 1604 “They who can give up essential liberty to obtain a little temporary s ...

Entrapment as an Affirmative Defense to Criminal Charges

11/01/2013 13:26:17 PM

“Entrapment” may be a defense to criminal prosecution if a government agent induced a person to commit a crime which the person was otherwise unlikely to commit. Investigation and prosecution of certain crimes can be difficult unless me ...

The Sword of Liberty: Constitutional Education and Adventure

10/27/2013 15:45:52 PM

Book Review: The Sword of Liberty by Loren J. Enns1 Thomas Jefferson expressed the sense of the Founders of the American Republic: “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter ...

Direct vs. Circumstantial Evidence: Observation vs. Inference

10/07/2013 18:31:26 PM

There are two types of evidence at a trial: direct and circumstantial. One, if believed, directly proves a fact; the other allows a fact to be inferred. In court a trial is held to determine specific facts and the legal implications of those ...