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    Constitution Tag

    Janet Daley at The Telegraph in Britain (h/t POWIP) has an interesting column on anti-Americanism in Europe, and how the Europeans just don't understand why we feel so strongly about our Constitution and personal freedoms.Daley makes some good points, but I particularly liked this portion of the...

    One of the difficulties of adhering to constitutional federalism is that liberals always, always want to use conservative acknowledgement of any acceptable role for the federal government as an excuse to require federal government control of just about everything. The slope is very slippery, indeed.In...

    In Graham v. Florida, the Supreme Court held that it violated the constitutional prohibition against cruel and unusual punishments to imprison someone with no possibility of parole based upon crimes, other than homicide, committed while a juvenile.These lines (at page 40 of the pdf.) in...

    In my post yesterday regarding the health care mandate, I suggested that if the courts held that the health care mandate were constitutional, then the Congress would have the power to declare weekly Blue Light Mandates.Given the potentially sweeping Congressional power to impose mandates, I...

    The mandate is front and center in the constitutional challenges to Obamacare's requirement that everyone purchase health insurance or suffer penalties.I've been posting about the mandate since last summer, since the mandate for the first time punishes and taxes the failure to engage in economic...