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RE: THE POWER TO TAX
Federal Communications Commission v. Consumers’ Research, Sup. Ct. Docket No. 24-354. The Telecommunications Act of 1996 authorizes the Federal Communications Commission (the “FCC”) to fund its programs by charging “every telecommunications carrier” operating in interstate commerce an “equitable and nondiscriminatory” but otherwise unspecified amount of money. 47 U.S.C. §§ 254(b)(4) and 254(d). Those provisions clearly… Continue reading
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GROUNDS FOR IMPEACHMENT?
On January 20, 2025, the day of his inauguration, President Donald J. Trump unilaterally ordered an immediate 90-day “pause” in the payment of most, if not all, of the foreign aid money that the United States Congress had previously appropriated. The President’s “Executive Order” went on to require the outright cancellation of any such foreign… Continue reading
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THE PRESIDENT’S VIOLATION
Of The United States Constitution On February 4, 2025, President Donald J. Trump imposed a new tariff (i.e., a tax) on goods imported from the People’s Republic of China, pursuant to a “national emergency” he had previously declared on February 1, 2025. A federal statute, 50 U.S.C. §§ 1701-1702, implicitly authorizes the President to impose… Continue reading
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THE BROKEN OATH
Today is the fourth anniversary of the events of January 6, 2021. Yesterday, President-Elect Donald J. Trump once again claimed that on that date four years ago, Vice President Michael Pence could have, and should have sent the Electoral Vote certificates he had received from certain states back to those states for reconsideration, as Mr.… Continue reading
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PRESIDENTIAL IMMUNITY
Article III, Section 2 of the Constitution provides that “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution . . . .” On July 1, 2024, the United States Supreme Court ruled that the “separation of powers” format of the Constitution entitles former Presidents of the United States… Continue reading
CONSTITUTIONAL INTERPRETATIONS 