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Supreme Court Might Not Enforce Constitution's Limits in Second Obama Term

By |2020-04-23T21:53:45-04:00July 17th, 2012|

This column by ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski was published on July 13, 2012 on Breitbart.com.

Public officials and pundits are still digesting the Supreme Court’s Obamacare decision in NFIB v. Sebelius. Yet to be discussed are the extraordinary implications for the size and role of government in a second Obama term in light of President Obama’s new stump speech. It is clear there is not a reliable majority on the Court to restrain government power by enforcing the limits imposed by the Constitution.

Most provisions in the Constitution fall into two categories. The […]

Obamanomics: The Final Nail in the Discredited Keynesian Coffin

By |2012-07-15T22:50:00-04:00July 15th, 2012|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Public Policy (CCPP) Peter Ferrara was published July 12, 2012 on Forbes.com.

Keynesian economics is the false vision of human action which says the way to promote economic recovery and renewed growth is through increased government spending, deficits and debt. If that sounds nuts, that’s because it is.

The idea is that the increased government spending and deficits will increase demand in the economy for more production, and that producers will increase supply to meet that demand, hiring more workers and reducing unemployment in the process. […]

Constitution's Limits Threaten in an Obama Second Term

By |2020-04-23T21:53:45-04:00July 13th, 2012|

This column by ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski was published on July 12, 2012 on The Huffington Post website.

Public officials and pundits are still digesting the Supreme Court’s Obamacare decision in NFIB v. Sebelius. Not yet discussed are the extraordinary implications for the size and role of government in a second Obama term in light of President Obama’s new stump speech, as it is clear there is not a reliable majority on the Court to restrain government power by enforcing the limits imposed by the Constitution.

Most provisions in the Constitution fall into […]

The Great Dissent Part IV: Why Medicaid Expansion is Unconstitutional

By |2020-04-23T21:58:17-04:00July 12th, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published July 12, 2012 on Breitbart.com.

We can all be thankful that one thing the Supreme Court got right in the Obamacare decision was striking down at least part of the Affordable Care Act’s massive expansion of Medicaid that would reduce the states to a subservient position before the federal government. Even two liberals–Justice Stephen Breyer and President Barack Obama’s second appointee, Justice Elena Kagan–joined Chief Justice John Roberts’ opinion invalidating a key provision in the ACA. But the four dissenters who wrote the Great Dissent would have gone further, striking down the […]

The Future of the "Affordable Care Act"

By |2012-07-11T12:03:10-04:00July 11th, 2012|

This piece is by John McClaughry, Vice President of the Ethan Allen Institute, a member of the CCPP Policy Board and former senior policy advisor to President Reagan.

The Supreme Court has now issued its startling ruling on the Patient Protection and Affordable Care Act (aka ObamaCare).

Four liberal justices ardently believe, with President Obama, that the constitutional power to regulate commerce authorizes Congress to require individuals to purchase government-approved health insurance, or suffer a monetary penalty for minding their own business.

Five conservative justices believe that the commerce power cannot be stretched to authorize any such penalty.

Four of these five […]

A Second Term Will Be Terminal: Another four years of Obamanomics and Argentina will be crying for us.

By |2012-07-11T10:45:19-04:00July 11th, 2012|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Public Policy (CCPP) Peter Ferrara was published July 11, 2012 on The American Spectator website.

With a second term for Obama, the world-leading America we have known and hoped to leave to our children will be gone. Last Friday’s jobs report confirms that Obama is well on his way to transforming America into a third world country, with declining living standards and perpetual economic stagnation.

Argentina enjoyed the world’s fourth highest per capita GDP in 1929, on par with America at the time. But then the nation lost its way in […]

The Great Dissent Part III: Justices Argue Obamacare Mandate Unconstitutional Because It's Not a Tax–and Why Mitt Romney is Right

By |2012-07-10T11:40:27-04:00July 10th, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published July 10, 2012 on Breitbart.com.

Confusion has reigned over whether Obamacare’s individual mandate is a tax, because politics has gotten in the way of serious discussion (no surprise there). As Governor Mitt Romney tried discussing the issue like the serious businessman and serious lawyer (Harvard Law School) that he is, political operatives were so busy making an important political point that it looked like they were on different pages.

Then Romney brought order to chaos by plainly stating: Obamacare’s Individual Mandate was a mandate with a penalty, not […]

The Great Dissent Part II: Four Justices Explain Why Congress' Power to Regulate Commerce Does Not Save Obamacare

By |2012-07-09T13:49:06-04:00July 9th, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published July 6, 2012 on Breitbart.com.

As I explained after the Obamacare decision came down, it is one of the most unfortunate decisions ever handed down by our highest court. This tragedy is only compounded by the fact that the main dissent in the decision was spectacular.

One of the greatest aspects of the dissent was its ringing affirmation of the doctrine of enumerated powers–the cornerstone of our constitutional system, that a central protection of our liberties is that the federal government only has those specific powers granted it by the Constitution.

The second […]

Why Mayberry Still Resonates: 'The Andy Griffith Show' Plays Out Timeless Truths

By |2012-07-09T13:20:47-04:00July 9th, 2012|

This column by ACRU Senior Fellow Robert Knight was published June 29, 2012 on The Washington Times website.

“Americans loved, and still love, the notion of the small town as a manageable, non-threatening, friendly, finite community. … The black-and-white world that Andy Griffith shaped so masterfully is there for our perusal from a distance, but it is not coming back – either on television or anywhere else.” – Ted Anthony, Associated Press

In an elegant obituary for Andy Griffith, who died on July 3 at age 86, Ted Anthony might be right about the survival of small communities, but perhaps […]

The Great Dissent Part I: Four Justices in Obamacare Make Case for Constitutional Conservatism

By |2020-04-23T21:58:17-04:00July 7th, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published July 5, 2012 on Breitbart.com.

One week after the Supreme Court handed down its most consequential decision in decades (if not more than a century–upholding almost all of Obamacare in NFIB v. Sebelius–constitutional lawyers are just beginning to wrap their heads around the Court’s 193-page opinion.

This column is the first in a series that will unpack some of the most consequential aspects of that decision, mostly quoting relevant parts of the decision that will have lasting consequences for the country.

The dissent in NFIB v. Sebelius, written jointly by Justices Antonin Scalia, […]

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