I ran across an interesting piece of political history this weekend. With nullification occasionally making the news across the country, I thought it was interesting to see how the executive responded to it in one of its first appearances, during the Administration of Andrew Jackson. THE Constitution of the United States forms a government, not […]
“Don’t create a passive President”: Looking at “Signing Unconstitutional Laws” by William Baude (part 3, Conclusion)
September 9, 2010 by
Part three of my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… today we are looking at the risks associated with signing unconstitutional laws. What are the risks? Even if, enlightened as he may be, the President signs the law with no intention of acting or executing it, there is […]
Looking at “Signing Unconstitutional Laws” by William Baude (part 2)
September 8, 2010 by
Continuing my look at William Baude’s “Signing Unconstitutional Laws” (86 Ind. L. J. (forthcoming 2011))… We had just finished look at the summation of why Baude did not believe the act of signing unconstitutional laws was in itself unconstitutional. In reviewing the arguments of those opposed to signing such laws, Baude states that the reasons […]
Ben Lusty, on Congressional education policy
August 20, 2010 by
My good friend Ben Lusty published a piece on Congressional use of it’s funding power to influence education policy in the states. Because I feel like the tension between the states and federal government merits scrutiny, especially when money is at issue, I have reprinted Ben’s piece here with his permission. Congress’ education bailout is bad […]
Immigration Debate: Federal or state purview?
August 9, 2010 by
Image by Renegade98 via Flickr Recently, the local Deseret News has seen debate on its opinion page, and carried over in the Facebook-sphere, on the immigration issue, especially as it relates to whether immigration policy is the purview of states or the federal government, and in many respects, it returns to Constitutional interpretation by the […]
Prop 8 appeal is in
August 6, 2010 by
Happening today on the left coast: Judge Walker’s Proposition 8 decision was appealed. The backers of California’s Proposition 8 ban on same-sex marriage have started their appeal to the Ninth Circuit Court of the trial judge’s ruling nullifying that ban under the federal Constitution. The notice of appeal was filed right after the ruling was […]
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