Daily Archive: June 28, 2012

The League Of Ordinary Electors

In a post, and then in a comment thread about the Electoral College, Ryan Noonan develops the idea that the original intent of the Electoral College was for informed, educated people of diverse backgrounds,...

Open Thread: How do you discover a right?

In this post, my esteemed colleague Jason Kuznicki says: Rights claims are generalized moral claims about how humans should treat one another, whether in this society or any other. They are discovered, not created....

On Roberts: Not a Fan of the Butterfly Effect

The Atlantic‘s Andrew Cohen pulls out some choice quotes from today’s SCOTUS opinion penned by Chief Justice Roberts: “The individual mandate, however, does not regulate existing commercial activity. It instead compels individuals to become active in...

Prognostication: A Flashback

Below is a repost of something I posted on December 16, 2009, several months before PPACA was finally enacted.  As you will note, the post predicts the following: 1. Whether the mandate would be...

Some quick thoughts on the SCOTUS Obamacare decision…

As anyone with access to the internet, cable TV or radio knows, the Supreme Court announced this morning that it is upholding Obamacare. As I write this, the opinions themselves have yet to made...

Big Thursday Announcements

United States v. Alvarez – Ninth Circuit affirmed, the Stolen Valor Act is unconstitutional. Breakdown is Concurrence plurality by Kennedy, joined by Roberts, Ginsburg. Breyer and Kagan suggest that statute could be re-written to comply with...

Arguments FOR The Electoral College?

I’m reading Akhil Reed Amar’s book, America’s Constitution: A Biography (on a blog recommendation from Peter Sagal), and it’s really excellent, like most everything Amar writes, says, or does. I just got to the part...