Res Judicata: Where is the Authority For a Cell Phone Ban?

The National Transportation Safety Board (NTSB) has proposed a nationwide ban on cell phone use while driving, which strikes me as a good idea in principle. But like so many good ideas, we cannot judge it by its facial appeal. Moving beyond that, one needs to ask, does the federal government …

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Written by Howard Foster on Monday December 19, 2011

Newt is Confused by Democracy

Newt Gingrich believes in much more democracy than the founding fathers. They believed the U.S. House should consist of representatives elected by white male property owners. Voting at the time was a public act. On election day the voters would show up at a public place, usually a county seat, …

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Written by Howard Foster on Monday December 12, 2011

Res Judicata: Romney's Plan Won't Acknowledge Federalism

“I believe in the Constitution, by the way when the founders said we will have certain powers at the federal level but we’re going to preserve all those powers at the state level, th[e] 10th amendment. That’s one that I don’t think Barack Obama has read. I know he went to law school: go read the …

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Written by Howard Foster on Monday September 12, 2011

Res Judicata: Perry's Faux Federalism

Is Rick Perry a real supporter of federalism? I have my doubts. As I wrote last week, the concept of federalism is based upon the allocation of powers between the federal government and the states. Article I §8 enumerates the specific subjects reserved for Congress. The Tenth Amendment …

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Written by Howard Foster on Tuesday September 6, 2011