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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 […]

ACRU Files Supreme Court Briefs Defending Arizona and Challenging ObamaCare

By |2012-02-13T15:32:15-05:00February 13th, 2012|

Feb. 13 — An American Civil Rights Union brief filed today at the U.S. Supreme Court argues that Arizona has the right to enforce existing federal law regarding illegal immigrants. The Justice Department had sued Arizona over its new law directing law enforcement personnel to ask for proof of citizenship when stopping people for law violations.

The brief, authored by ACRU General Counsel Peter Ferrara, states:

“Arizona is ground zero for the illegal immigration tidal wave, with over one-third of all illegal border crossings in the nation in that state alone. This includes gang members in Mexican drug cartels and criminals fleeing their home countries […]

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