Law
6/16/2010 | Economy, Governmental Control, Law
Bachmann: Obama Exceeding Constitutional Authority in Ordering BP to Surrender Funds--'It's All About Extortion'
CNS News
Rep. Michelle Bachmann (R-Minn.) said Tuesday that President Barack Obama is exceeding his legitimate constitutional authority in telling BP it must set up an independent fund, not controlled by the company, for compensating victims of the Gulf oil spill. She described the administration's policy as an action "that's all about extortion."
"Private companies need to be held accountable but not necessarily to the executive branch," said Bachmann. "It seems to me there’s a misreading of the Constitution and a misunderstanding of jurisdictional limits from this White House on what the extent of executive power is. They don’t seem to understand that and it—now it seems that it’s all about extortion--and that what they want to do is create a pot of money for themselves that they can control and that’s not what the Executive is supposed to do. There is a real misreading of jurisdictional limits, and they continue to stretch those limits beyond all bounds."
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5/18/2010 | Healthcare, Law
If Confirmed to Supreme Court, Kagan May Have To Recuse Herself in Health Care Cases
CNS News
If confirmed to the Supreme Court, Elena Kagan may have to recuse herself if the health care reform law comes before the high court. This is the case because as solicitor general of the United States in the Obama administration, Kagan may have helped craft a legal defense of the law or given advice to Congress or the White House on how to draft the statute.
Historically, Supreme Court justices recuse themselves from hearing cases in which they have previously been involved. Kagan, who as solicitor general is responsible for defending the federal government in federal court and before the Supreme Court, may have been involved in responding to lawsuits challenging the constitutionality of the health care reform.
5/11/2010 | Law, Governmental Control
Elena Kagan: Government Can Ban Political Pamphlets
CNS News
Solicitor General Elena Kagan, nominated Monday to the U.S. Supreme Court by President Barack Obama, told that court in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.
Kagan’s argument that the government could prohibit political speech by corporations was rejected by a 5-4 majority of the Supreme Court in the case of Citizens United v. Federal Election Commission. Justice Anthony Kennedy wrote the majority opinion in that case, and in a scathing concurrence Chief Justice John Roberts took direct aim at Kagan’s argument that the government could ban political pamphlets.
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5/6/2010 | Illegal Immigration, Law
Arizona Immigration Law Identical to Federal Laws Requiring Alien Documentation, Says Attorney
CNS News
One of the men who helped write Arizona’s new immigration law said he’s confident it will withstand legal challenges, because the law specifically addresses issues such as racial profiling, which are likely to be the basis of state or federal lawsuits.
“I’m confident Arizona will prevail,” Kris Kobach said Wednesday in a conference call with reporters. Kobach is a constitutional law professor at the University of Missouri-Kansas City and served as chief adviser to former U.S. Attorney General John Ashcroft on immigration law and border security.
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3/25/2010 | Healthcare, Law
Republican Lawmaker Expects Supreme Court to Decide Constitutionality of Health Care Law’s Individual Mandate
CNS News
Reps. Jack Kingston (R-Ga.) and Michele Bachmann (R-Minn.) told CNSNews.com that the Constitution does not give Congress the authority to require individuals to buy health insurance, as mandated by the new health care bill that was signed into law on Tuesday.
Both representatives appeared with Actor Jon Voight at a Capitol Hill Tea Party rally over the March 20 weekend.