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Full-Text Articles in Law

The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman May 2017

The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman

John C. Eastman

Perhaps spurred by aggressive use of executive orders and “lawmaking” by administrative agencies by the last couple of presidential administrations, several Justices on the Supreme Court have recently expressed concern that the Court’s deference doctrines have undermined core separation of powers constitutional principles.  This article explores those Justice’s invitation to revisit those deference doctrines and some of the executive actions that have prompted the concern.


No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman Dec 2015

No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman

John C. Eastman

The Hobby Lobby decision incited a wave of vitriolic responses, but it is important to understand what the Court actually held before assessing whether such a response was warranted. After reviewing the circumstances leading to the Patient Protection and Affordable Care Act and its accompanying regulations, it is clear that the Court’s legal analysis was correct. Exploring the criticisms from the media and the legal academy in light of that fact reveals the current dispute in the United States over the very nature and purpose of government. In addition scholars and citizens should note the several questions left unaddressed in …


The Power To Control Immigration Is A Core Aspect Of Sovereignty, John C. Eastman Dec 2015

The Power To Control Immigration Is A Core Aspect Of Sovereignty, John C. Eastman

John C. Eastman

Where in our constitutional system is the power to regulate immigration assigned? Professor Ilya Somin argues that the power to regulate immigration is not a power given to Congress because it is not enumerated. But I think it is so clearly a power given to Congress and that such was so well understood at the time of our founding that the Constitution did not even need to specify it. Even so, I think the Constitution does specify it. The notion that the power to regulate immigration is not contained within the power of naturalization is an anachronistic view of the …


Cheating Marriage: A Tragedy In Three Acts, John C. Eastman Dec 2014

Cheating Marriage: A Tragedy In Three Acts, John C. Eastman

John C. Eastman

In his dissenting opinion in United States v. Windsor, Justice Scalia accused the Court of “cheating,” because it decided an issue that properly belonged to the voters. But the cheating that went on in the case, and the parallel case involving Proposition 8 in California, was also of the vintage variety. This article tells the largely untold story about the many machinations by elected officials and judges to produce the end result in favor of same-sex marriage, from conflicts of interest, to collusion by nominally “opposing” counsel, and finally to an aggressive refusal by high-ranking government lawyers (including one who …


From Plyler To Arizona: Have The Courts Forgotten About Corfield V. Coryell?, John Eastman Dec 2012

From Plyler To Arizona: Have The Courts Forgotten About Corfield V. Coryell?, John Eastman

John C. Eastman

The U.S. Constitution assigns plenary authority to determination naturalization policy to the Congress. Yet increasingly the Courts have undermined Congress's policy judgments with invented constitutional rights. This article explores how the Courts have enhanced the three principal magnets to illegal immigration and thereby undermined congressional policy: employment; education and other social services; and citizenship itself.


Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman Dec 2011

Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman

John C. Eastman

This Essay explores the legal challenges two immigration bills, Arizona’s 2010 S.B. 1070 and Alabama’s 2011 H.B. 56, and addresses how the Department of Justice (DOJ) fundamentally misunderstands the nature of state sovereignty and federalism, and concludes that, with the possible exception of one provision of the Arizona law, the states are acting well within their authority to protect the health, safety, and welfare of their residents without intruding on the plenary power over immigration and naturalization that the U.S.  Constitution vests in Congress.


Book Review: John Yoo, Crisis And Command: A History Of Executive Power From George Washington To George Bush, John Eastman Dec 2009

Book Review: John Yoo, Crisis And Command: A History Of Executive Power From George Washington To George Bush, John Eastman

John C. Eastman

No abstract provided.


The Founders' Intent, Constitutional Provisions, And Limits On Spending Power And Delegation, John Eastman Dec 2008

The Founders' Intent, Constitutional Provisions, And Limits On Spending Power And Delegation, John Eastman

John C. Eastman

No abstract provided.