Free Republic

One of the most common complaints of constitutionalists against the conduct of our federal government is that the judiciary at all levels routinely oversteps its boundaries, intruding into those areas that are beyond its constitutional reach. Though this is largely accepted by most Americans because of its long practice, this does not mean that what we see in Washington with respect to the judicial branch should be be tolerated or allowed to continue. As with unconstitutional actions by the other branches of government, our Founders provided a way for violations of our founding compact to be rectified by the states...

ARKANSAS (KFSM) – Following the shooting death of four Marines in Chattanooga, Gov. Asa Hutchinson has authorized Arkansas National Guard Adjutant General Mark Berry to arm full-time military personnel. The governor also ordered the Arkansas flag to be flown at half-staff on Monday (July 20), according to a news release. “Our hearts break at the news of another senseless act of violence and terror, this time out of Chattanooga,” Governor Hutchinson said. “Our prayers go out to all the families of the victims, especially the family of Staff Sgt. David Wyatt of Russellville, one of Arkansas’s own.” He continued, “I...

Today, many are cheering the end of an era in the South. As The New York Times reports, many see the lowering of the Confederate flag from outside South Carolina’s State House as “closing a chapter on a symbol of the Deep South and its history of resistance and racial animus.” [snip] Mohammed Elibiary: "Today is a new day in the South. Gone will be the Confederacy as we create the New South. Federalism & individual rights, no states' rights." [snip] Mohammed Elibiary: "States' rights was defeated with the Confederacy in the Civil War. USA has federalism and individual rights,...

Is the idea of federalism dead? Does the concept have no relevance in the modern world? Not according to Ernest Young, who addressed the topic in an essay titled “Federalism as a Constitutional Principle.” The essay was given as the William Howard Taft Lecture on Constitutional Law at the University of Cincinnati College of Law on October 28, 2014. In fact, Young believes that federalism, and understanding its concepts, is needed more than ever. “The need for federalism has radically increased as the world has become more diverse, complex, and interconnected,” he said. He starts off citing the 1995 Supreme...

Supreme Court Justice Antonin Scalia reaffirmed his commitment to defending the Constitution while speaking to the Federalist Society in his home state of New Jersey on Friday. Scalia, the preeminent conservative firebrand of the court, told the audience it is the structure of the government under the Constitution and not the liberties guaranteed under the Bill of Rights that makes us free. As reported by The Daily Signal: “Every tin horn dictator in the world today, every president for life, has a Bill of Rights,” said Scalia, author of the 2012 book Reading Law: The Interpretation of Legal Texts. “That’s...

Editor's note: This column was co-authored by Congressman John Culberson (R-Texas).One of the basic responsibilities of the executive branch is to execute the law faithfully. The Obama Administration, however, has no problem ignoring this duty to create its own rules. Instead of working with Congress on substantive, collaborative legislation, the president has routinely opted to govern by decree, empowering bureaucrats at the expense of the democratic process. His misguided approach puts partisan politics – not the will of the people – at the forefront of decision-making in Washington. Our reasons for introducing the “Restoring the 10th Amendment Act” stem from...

In our federal system, states should be able to define marriage as the union of one man and one woman WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-TX) on Friday joined an amicus brief on behalf of 57 members of Congress in support of the right of states to define marriage as the union of one man and one woman. The brief was filed in four cases that the Supreme Court will jointly hear on April 28, 2015, in which same-sex couples challenge the marriage laws of Ohio, Tennessee, Michigan, and Kentucky, all of which were upheld by the U.S....

Since the early days of the Republic, the question of how gambling is regulated has largely been a right reserved for the states. However, this week members of Congress will discuss legislation that would overturn state laws pertaining to gambling within their borders and create a federal ban, preventing states from legalizing online gambling in the future. They claim it is to protect minors, those with addictions, and states that do not want online gambling available to their citizens. This measure will achieve none of those goals. Rather, it will undermine federalism and drive problem gambling underground. Proponents of the...

A bipartisan effort to legalize medical marijuana at the federal level is now underway in both Houses of Congress, and its sponsors acknowledge they face an uphill climb to passage - but they believe the public is on their side. "Polls show that at least 86 percent of Americans say medical marijuana should be available," said Rep. Steve Cohen, D-Tennessee, in an interview with CBS News. "Legislators rarely lead, they generally follow. I guess it's called cultural lag...Eventually, people in Congress start catching up." Cohen and Rep. Don Young, R-Alaska, unveiled a bill on Tuesday that would reclassify marijuana as...

An annual poll sponsored by National Journal and Allstate Insurance finds Americans losing faith in Washington to solve problems, while believing that state and local governments are better equipped to address important issues. This attitude cuts across gender, education, socioeconomics, and even different regions of the country. Even a plurality of Democrats favor state and local solutions to problems. [SNIP] Some smart Republican presidential candidate is going to tap into this motherlode and ride it to the White House. If they don't, they will have missed a golden opportunity. This is conservative philosophy writ large across barriers of age, gender,...

It is a matter of record that the Constitution was ratified as a strict, narrowly-defined enumeration of federal powers. Anything not specifically spelled out in it as a federal power is a federal power that does not exist, and that must be left to the state and local levels. The Framers identified each Congressional power in Article I, Section 8 (why would they do this if the General Welfare and Commerce clauses granted Congress a blank check to do whatever it wants?), and even added the 10th Amendment to further clarify that this is all it is authorized to do...

Supreme Court Gay Marriage FILE - In this June 25, 2013 file photo, Vin Testa of Washington waves a rainbow flag in support of gay rights outside the Supreme Court in Washington. The Supreme Court will hear arguments over same-sex marriage on April 28 and make audio of the proceedings available later that day. The gay marriage cases mark the only time this term that the court has agreed to the quick release of audio recordings. But the court is continuing its ban on providing video of its sessions or even live-streamed audio. (AP Photo/J. Scott Applewhite, File) By an...

Instead of watching helplessly as our republic devolves into crown government, let’s distract ourselves with a counterfactual. What if senators were appointed by state legislatures for indefinite terms?The Senate was designed to preserve the federal nature of our system. Members of the House represent the people, but the Senators were to represent the states — really, state governments.Had this worked, the people would have benefited. (Sometimes, you win by grabbing all the power, but sometimes you win by ceding power to critical allies. The states were the people’s only allies in the War Against the Feds.) Unfortunately, senators came to...

A state-level bureaucrat is standing up to the the central government planners is a most unusual way. Arizona’s superintendent of public instruction, Diane Douglas, has informed all school districts in the Grand Canyon State that they have blanket authority to ignore all federal nutrition mandates regulating school fundraisers. "Forcing parents and other supporters of schools to only offer federally approved food and snacks at fundraisers is a perfect example of the overreach of government and intrusion into local control," Douglas said in a statement. "I have ordered effective immediately, that the ADE Health and Nutrition Services division grant exemptions for...

An Indiana state senator wants to change the way US senators are elected. Until the 17th Amendment was ratified a century ago, senators weren't elected directly, but by state legislatures. Charlestown State Senator Jim Smith says the idea was to make senators responsive to their states‘ concerns. He argues the switch to direct election has contributed to a shift in the balance of power from the states to the federal government. Smith says it‘s separated senators from state concerns and made it harder to remove them. "As the needs of the state of Indiana change," says Smith,"then we would essentially...

State legislators around the country have introduced more than 200 bills aiming to nullify regulations and laws coming out of Washington, D.C., as they look to rein in the federal government. The legislative onslaught, which includes bills targeting federal restrictions on firearms, experimental treatments and hemp, reflects growing discord between the states and Washington, state officials say. “You have a choice,” said Kentucky state Rep. Diane St. Onge (R). “To sit back and not do anything or say anything and let overregulation continue — or you have the alternative choice to speak up about it and say, ‘We know what...

In a dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas excoriated his fellow justices for refusing to temporarily stop enforcement of a federal district judge's ruling that overturned the marriage laws of the state of Alabama and ordered Alabama to recognize as legal "marriages" unions between two people of the same sex. On Jan. 23, U.S. District Judge Callie Granade ruled that Alabama laws limiting marriage to the union of one man and one woman violated the 14th Amendment guarantee of equal protection of the law. Alabama Attorney General Luther Strange petitioned the Supreme Court to prevent the...

In what has been described as a new front in the battle over same-sex marriage, legislators in several states under judicial orders to confer marital status on same-sex couples have introduced bills to forbid state or local officials from issuing marriage licenses to couples of the same gender. The bills would also strip the salaries of employees who issued the licenses, the New York Times reported Thursday.The bills have been introduced in the legislatures of Oklahoma, South Carolina, and Texas, with South Carolina also considering a bill that would allow officials to opt out of issuing such licenses if it...

A federal judge says that Florida's county court clerks have a legal duty to issue marriage licenses to same-sex couples, but he has stopped short of ordering them to do so. U.S. District Judge Robert Hinkle issued a ruling Thursday in Tallahassee federal court responding to requests to clarify his previous order that Florida's same-sex marriage ban was unconstitutional. He stayed that order, but the stay is scheduled to expire at the end of the day Monday.

It is rare for conservatives to score a federal policy victory these days, especially with a Democrat in the White House, but as Michael Barone reminds us, just by playing defense conservatives have done exactly that on transportation. Unfortunately there are some in Congress who want to reverse these gains. The big win for conservatives on transportation comes from two sources. First, when the gas tax was last raised in 1993, it was not indexed for inflation, so the 18.4 cents a gallon collected today doesn't go as far today as it did more than two decades ago. Second, thanks...