Category Archives: Supreme Court

Restoring Constitutional Government

By
Richard Arena

Serious students of the Constitution know that the federal government is operating well beyond the bounds of the powers the states delegated to it. Those who defend this extra-constitutional power expansion argue that the Founders could not have envisioned the complexities and advanced technologies of the 21st century and therefore the need for corresponding additional federal powers.

In fact the Framers did anticipate the need to modify the Constitution to meet unforeseen future circumstances. That is the purpose of Article V which provides two methods for the states to amend the Constitution. (Congress may propose amendments, but … Read more...

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Two More Outlandish Rulings – Now What?

By
Richard J. Arena

Two shocking rulings handed down by the Supreme Court this week – one, King V. Burwell, rewriting the precise language of the Affordable Health Care Act, the other, Obergefell V. Hodges, assuming federal authority to define marriage, illuminate a central flaw in the American system of government – as it now exists. That flaw is the lack of a realistic institutional check on unconstitutional federal activities.
There was such a check prior to the adaptation of the 17th Amendment in 1913. Until then US Senators were appointed by their respective state legislatures, who also held the … Read more...

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Gov. Nathan Deal Has Big Court Appointments Ahead

By
Randy Evans

No doubt, Gov. Nathan Deal has already made a lasting impact on Georgia’s courts. Just into his second term, he has appointed almost 60 judges to the State (18) and Superior (34) courts, as well as the Georgia Tax Tribunal (2), the Georgia Court of Appeals (4) and the Georgia Supreme Court (1).

While legislators and the governor pass laws, courts interpret them. And, how they interpret them often has as much, if not more, impact on the law itself. This is especially true for the appellate courts.

So far, Gov. Deal’s appointments to Georgia’s appellate courts … Read more...

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Checking Federal Power Abuse

By
Richard Arena

The Tea Party movement began when the silent majority finally found its voice (and feet) in 2009.  Millions of Americans across the width and breadth of the county marched to their town squares, state capitols and the Washington Mall to tell their elected representatives they had had enough of government exercising powers beyond the bounds of the Constitution.

How the federal government came to exercise powers prohibited is a long and oft times controversial tale. Following is a Readers Digest version along with a suggestion for what can be done about it – other than march on … Read more...

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Constitutional Presidential Qualfications – Difference Between “Natural Born Citizen” And “Citizen”

By
Larry Laibson

The Constitution addresses and differentiates between “natural born Citizen” and “Citizen” with the requirements different for President/Vice President and for Congressional Members.
Will the debate on the requirement of “natural born citizen” for the position of President come up again in the 2016 race? It should, due to specific Constitutional questions on several of the potential candidates.

The unique requirement for “natural born citizen” was specifically added to the Constitution because the President is also the Commander-in-Chief of the armed forces and there could be questions of divided loyalties or foreign influence (remember the Constitution was drafted … Read more...

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The Merging of the Constitutions – Part II

This article originally appeared in the May 3, 1996 issue of The Cobb Chronicle and is reprinted in its entirety with the exception of a reference to 9/11.  It is always worthwhile to check on where we are to determine if we are following the map for our ship of state. This is the second of a two part series on this subject.

By
Michael S. Opitz

This column continues the exploration of influences on Supreme Court rulings that was discussed in the previous issue of the Political Vine.  The focus of that column was the possible influence of the … Read more...

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Is Ga.’s Supreme Court really supreme?

By: Randy Evans

Last October, the Evans Report made this prediction:

In 2013, Georgians — especially Georgia businesses — will pay higher, indeed likely much higher, insurance premiums. It will not be the result of any action (or inaction) by Insurance Commissioner Ralph Hudgens, Gov. Nathan Deal or the Georgia General Assembly. Instead, it will be the product of a series of unprecedented decisions made by the Georgia Supreme Court.

Consequently it came as no surprise when a report released by insure.com found that Georgians pay the third-highest car insurance premiums in the United States. As property owners and businesses Read more...

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