Browsing All posts tagged under »original intent«

The Right to Bear Arms is an Individual Right

December 4, 2016

0

The Myth The right to bear arms, which is granted to us by the Second Amendment, is a collective right, granted exclusively to those who are members of a formal military organization, called the militia.  Integral to this myth is the belief that the militia mentioned in the Second Amendment is the same as the […]

Do Federal Regulations Violate the Constitution?

April 15, 2013

3

The Myths  The current regulatory environment does not violate the Constitution.  Numerous federal agencies writing enormous amounts of regulations does not violate the Constitution. The fact these regulations are given the force of law even though none of them are passed through the normal legislative process does not violate the Constitution. Any law passed by […]

Do Executive Orders Violate the Constitution ?

January 12, 2013

41

The Myths Presidents can issue executive orders that are legally binding on the general public.  These executive orders are backed by the full force of law just like laws passed through the formal legislative process.  A president can use executive orders to go around congress. The president can use executive orders to modify laws passed […]

Does ObamaCare violate the US Constitution? Article 2

August 22, 2011

16

Here is a link to the first article I wrote on this subject. https://constitutionmythbuster.com/2011/06/25/does-obamacare-violate-the-us-constitution/ The Myth The individual mandate of the new National Health Care Law does not violate the Constitution because it is authorized by the commerce clause. The health care law in itself is authorized by the general welfare clause. This law does […]

How did the framers of the Constitution define “States’ Rights”?

August 7, 2011

0

The Myth This whole notion of States’ Rights is nothing more than code words for slavery and segregation. If you are talking about State rights you are a racist. The Truth Southern States did in fact use the phrase States’ Rights as an excuse to justify slavery and segregation. However this was only the excuse […]

Did the 14th Amendment really incorporate the Bill of Rights?

July 28, 2011

15

The Myth The Fourteenth Amendment incorporated the Bill of Rights down to the State and local level. This granted the Supreme Court the power to strike down any State and local law it feels violates the Bill of Rights. The Truth It is only possible to make the case that the 14th Amendment extended the […]

Does ObamaCare violate the US Constitution?

June 25, 2011

13

The Myth The individual mandate of the new National Health Care Law does not violate the Constitution because it is authorized by the commerce clause. The health care law in itself is authorized by the general welfare clause. This law does not violate the Constitution in any way. The Truth The Constitution in no way […]