Current Foreign Policy and Global Unrest

Foreign policy is an interesting animal. Get a group of political analysts in a room and you could set the tone for an endless debate over the rights and wrongs, virtues and vices of any foreign policy. In Utah, foreign policy barely makes the evening news, right up there with Dixie College football or environmental objections to hunting. Here is a simple fact. In 2014 there are 247 separate countries and sovereignties across the globe. Of those countries, 93 have population of roughly 10 million or more and 43 countries…

Should We Amend the Constitution to Guarantee a Right to Vote?

Breathe a collective sigh of relief, America. We’ve made it through another election season, and, somehow our little-d democracy (or constitutional compound republic, depending on your perspective) remains intact despite rampant warnings of voter fraud and voter suppression. We survived. And we did it even though our Constitution doesn’t even contain a right to vote. Wait . . . what? Yes, you read that right — the United States Constitution doesn’t expressly guarantee the right to vote. Now, before you get too up in arms, realized that the Constitution does have provisions dealing…

Executive Action: Misguided But Predictable Response to Total Dysfunction [Hub Debate]

President Obama’s about to effect some sort of immigration reform via executive action. The word on the street is that it will involve shielding illegal immigrants without a criminal record from deportation and expanding the Presidentially-effected Dream Act, which — in my opinion — is an improvement on our current immigration situation and something that I would likely support via legislative action. But that’s really neither here nor there (at least for purposes of this debate).  After all, one really gets the sense that the current tempest over immigration seems to be…

Obama to use Immigration as a Power Play [Hub Debate]

Will the President take executive action on immigration or other policies in his remaining two years in office? But more importantly, should he and what will be the effect if he does? A growing number of observers have been prognosticating the deteriorating condition of our legislative branch in Washington. Gridlock is at an all-time high, with little legislation able to make it through the House and Senate cleanly, much less past the President’s desk. The radical left drives the Democrats and the Republicans seem hopelessly fragmented. It is no wonder…

Has the Supreme Court Failed America?

Erwin Chemerinsky, one of America’s leading commentators on constitutional law, recently put out an Op-Ed piece in which he concluded, reluctantly, that the US Supreme Court had failed America: It’s time to say it: The Supreme Court has largely failed throughout American history at its most important tasks and at the most important times. [. . .] The Supreme Court exists, above all, to enforce the Constitution against the will of the majority. The very existence of the Constitution, a document made intentionally quite difficult to change, reflects the desire…

No, Hobby Lobby Doesn’t Exempt the FLDS from Child Labor Laws

You may have seen the headlines: Using Hobby Lobby to refuse a subpoena about child labor. Judge: Hobby Lobby Decision Means Polygamus Sect Member Can Refuse to Testify in Child Labor Case. The sky is falling!  Just like Justice Ginsburg predicted it would!  I told you that Hobby Lobby was about more than just birth control!  Now those religious fanatics are using it to undermine child labor laws! Or not. It’s quite apparent that the authors of the alarmist articles haven’t bothered to read Judge Sam’s actual ruling in Perez…

Here’s Why Judge Waddoups Put Another Candidate Back On The Ballot

If it wasn’t official before, it is now.  The Utah State School Board (“USBE”) nomination and election process is an absolute mess. After Judge Waddoups ruled last week to allow two candidates for the USBE back on the ballot, a third–Joel David Wright–asked the court to do the same for him and successfully got himself a place on voters’ ballots. At this point, the Utah Legislature has failed at multiple attempts to reform a board of education selection process that no one really likes, a federal court has struck down that process,…

Ferguson and the Rise of the Police State [Hub Debate]

The local news and internet sites have been rife with images that taken independently seem a matter of course. However, looked at cumulatively a different story might emerge. The images are of men and material of an increasingly military nature being acquired by law enforcement agencies across the country. The events in Ferguson, Missouri over the last week might be illustration number one of a shifting future of law enforcement in America Traditionally, the policeman has been an admirable position in American society. The baby boom generation of the fifties…

Presidential Culture Building

I have posted on this subject before.  I shall repeat myself. The President of the United States is not an administrator!  He is the “Commander in Chief of the Army and Navy of the United States.”  Further, “he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices.” Those are his duties in a nutshell.  Anything more is too much more.  Anything less is dereliction of duty. The President of the United States…

What to Make of All the Obamacare Litigation?

If Helen of Troy’s was the face that launched 1000 ships, is Obamacare the law that launches 1000 lawsuits? Thus far we’ve seen litigation over the constitutionality of the individual mandate, mandatory Medicaid expansion, birth control coverage requirements, and now the legality of subsidies provided to people who purchased insurance through Healthcare.gov — the federally-operated exchange.  And, if John Boehner can be believed, we’re likely about to see further litigation on the issue of selective executive enforcement. For lawyers, it’s the gift that keeps on giving! All kidding aside, the…