Archive for the 'Kopelization' Category

Independence Institute Writers In The News

Posted by Mike Krause on Apr 25 2011 | Health Care, Kopelization, PPC, criminal justice, health control law, obamacare

U.S. intervention in Libya, ObamaCare health benefits exchanges and criminal sentencing reforms are all article topics that Independence Institute writers had published last week.

First check out research director Dave Kopel in The Daily Caller as he explains why the Libyan intervention is not wholly legal.

Then our health care guru Linda Gorman wonders if Colorado should establish an ObamaCare health benefits exchange. You can read Linda here in the Summit Daily, or here in the Salida Mountain Mail.

You can also check out my own piece in the Huffpost Denver on why fiscal conservatives should want parolees to succeed in Colorado.

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Get Your Constitutional Wonk On With The Independence Institute

Posted by Mike Krause on Apr 19 2011 | Constitutional Law, Events, Kopelization, Originalism, PPC

The Independence Institute is pleased to present the upcoming event: A Constitutional Guide to Fighting Federal Overreach. Come join Independence Institute constitutional scholars David Kopel and Rob Natelson on Sunday, May 15 from 1:15 to 5:00 PM at Red Rocks Community College for this important program designed to arm citizens with reliable, factual information they need to help restore liberty and constitutional government in the United States. Participants will also learn how to identify constitutional myths that, intentionally or not, can undermine the cause.

David Kopel is Research Director of the Independence Institute and one of the nation’s leading experts on the Second Amendment. The author of numerous books and articles, he also teaches Advanced Constitutional Law at the University of Denver.

Rob Natelson is Senior Fellow in Constitutional Jurisprudence at the Independence Institute. He was formerly professor of constitutional law at the University of Montana, and has authored numerous books and articles, including the 2010 book, The Original Constitution: What It Actually Said and Meant.

Register online here. Or Call Mary at (303) 279-6536, Ext. 102. Cost is ten dollars and space is limited.

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Individual Mandate is Unconstitutional Amicus Brief

Posted by jccaldara on Apr 06 2011 | Commerce Clause, Constitutional Law, Health Care, Kopelization, Originalism, PPC, U.S. Constitution, obama

Our resident legal and constitutional scholar Dave Kopel participated in this incredibly important amicus brief for the 4th circuit court of appeals. The amicus argues that the individual mandate to buy health insurance found in ObamaCare is not constitutional, neither through the commerce clause nor the necessary and proper clause. The brief was filed by the Washington Legal Foundation, in Virginia v. Sebelius. The lead attorney is Ilya Somin, of George Mason Law School. You can read more about Ilya Somin and his writing over at the Volokh Conspiracy law blog where Dave also contributes. I have a strong feeling that this case will be yet another blow dealt to the individual mandate and ObamaCare in general.

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Is Health Insurance “Commerce?”

Posted by jccaldara on Mar 31 2011 | Constitutional History, Constitutional Law, Kopelization, PPC, The Founders, U.S. Constitution

Our resident constitutional scholars, Dave Kopel and Rob Natelson, joined forces to write an article for the National Law Journal titled, “Health insurance is not ‘commerce.” In the article, Kopel and Natelson make the case that one solitary and erroneous Supreme Court case from 1944 is to blame for the false idea that buying insurance does indeed qualify as “commerce.” Commerce that the federal government — congress — can regulate. But as the authors state,

But that assumption is wrong: In fact, the congressional power to regulate “Commerce…among the several States” does not include authority to regulate health insurance. Under the Constitution, health insurance is a matter of state, not federal, jurisdiction.

Kopel and Natelson believe that when the case is brought before the Supreme Court, the court will have an opportunity to overturn this erroneous precedent and return to an original understanding of our founder’s definition of the word commerce. Therefore, insurance markets will rightly be placed back in the hands of state and local governments.

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Kopel on the Right of Self-Defense

Posted by jccaldara on Mar 30 2011 | Constitutional History, Constitutional Law, Kopelization, PPC, Property Rights, U.S. Constitution, guns, iVoices.org

My minion Justin Longo wonders whether, in the absence of our Constitution and thus our Second Amendment, how we could make a positive case for our human right of self-defense, which comes with it, our right to bear arms. In this iVoices.org podcast, Research Director Dave Kopel answers that question and provides some background in the origins of the wide consensus view that we do indeed have a human right of self-defense. Kopel also discusses how that right is extended to owning firearms, protecting our property, and protecting others who are unable to protect themselves from violence.

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Weekend Wrap: Independence Institute Writers In The News

Posted by Mike Krause on Mar 07 2011 | Kopelization, Labor, PPC, Second Amendment, Transportation, education, guns

What do public-sector unions, highway traffic jams and gun rights all have in common? These are all recent topics of Independence Institute writers in the news.

First, in Friday’s Denver Daily News, Independence Institute education policy analyst Ben DeGrow points out, among other things, that while private-sector unions organize against management, public-sector unions actually organize against their fellow citizens. Something that even as pro-labor a president as FDR warned against.

Then in the Sunday Denver Post, transportation research associate John Aldridge makes the case for the use of “hard shoulders” to address congestion problems on both C-470 and the I-70 Mountain Corridor.

Finally, get a double-dose of Independence Institute research director Dave Kopel in the March edition of America’s 1st Freedom magazine. First, Dave explains the “Dark secret of Jim Crow and the racist roots of gun control,” then Dave points out Supreme Court Justice Stephen Breyer’s recent misrepresentation of James Madison as part of Breyer’s anti-gun zealotry.

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Catching Up with Dave Kopel

Posted by jccaldara on Jul 14 2010 | Kagan Nomination, Kopelization, McDonald v. City of Chicago, PPC, Second Amendment, U.S. Constitution, supreme court

If you’re a big Dave Kopel fan like myself, you probably find it difficult following everything the guy is doing. The man is prolific. Between writing a multitude of articles for a variety of different outlets, he’s constantly on the radio, on TV, in Washington DC testifying on something I probably wouldn’t understand, lecturing on Constitutional Law at DU, making an appearance somewhere on something I probably wouldn’t understand, or avoiding the rush of fans that descend on him when he’s in public. He does more in a day than I do in a decade.

Therefore, with a little help from Dave himself, here’s a quick list of stuff Dave’s done recently that most ordinary humans could not do:

Wrote an amicus brief in the McDonald v. Chicago Supreme Court case that was cited 3 times in the decision. Wrote a critical article for America’s 1st Freedom explaining the Supreme Court opinions in McDonald. Dave sat down with me for a podcast and a TV show about the crucial McDonald decision.

Here’s an America’s 1st Freedom article on Dave’s book Aiming for Liberty.

Dave flew to Washington DC to provide testimony on Supreme Court nominee Elena Kagan and her Second Amendment views. Here is video of Kopel’s testimony with a couple of followup Q&A from the Senators.

Catch Dave at Liberty on the Rocks Red Rocks this coming Monday the 19th at the Old Chicago in Lakewood.

After you’re done catching up with all that, Dave will have a dozen new things out to read, watch, and listen to, so stay tuned here.  We are so honored to have him here at Independence.  Thanks Dave for all you do!

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Watch Dave Kopel Testimony at Kagan Hearing

Posted by Mike Krause on Jul 03 2010 | Kagan Nomination, Kopelization, PPC, supreme court

Check out Independence Institute Research Director Dave Kopel’s testimony at last week’s Elena Kagan Supreme Court nominee hearings.

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First Heller, now McDonald!

Posted by jccaldara on Jun 28 2010 | Fourteenth Amendment, Kagan Nomination, Kopelization, PPC, Second Amendment, U.S. Constitution, guns, supreme court

Congratulations to our Second Amendment zen master Dave Kopel! The McDonald v. Chicago Supreme Court decision came down this morning, 5-4 on the side of American citizens right to bear arms. We’ve talked a lot about this decision and how important it was for gun owners who don’t happen to reside in the District of Columbia, and trust me, there is a lot more on the way. But for now, I’d like to congratulate Dave on his second huge Supreme Court victory. And just like in Heller, Dave’s amicus brief was cited several times in McDonald. Dave explains on his webpage:

Kopel’s amicus brief for the International Law Enforcement Educators and Trainers Association (as well as the Independence Institute, CORE, and other law enforcement organizations and scholars) was cited three times in the Supreme Court’s opinions in McDonald v. Chicago. The brief is cited once by Justice Alito’s plurality opinion (footnote 2) and twice by Justice Stevens’ dissent.

Stay tuned for Dave’s commentary on this momentous decision. I’ll provide some links to his podcasts and writing on McDonald in the coming days here on the Cauldron.

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Friday Date Night With The Independence Institute on KBDI

Posted by Mike Krause on Jun 04 2010 | Idiot Box (TV Show), Kopelization, PPC, education

Need a hot Friday date night idea?  Dim the lights, pop a cork and put on a Barry White album (turned way down low) and get warmed up watching public affairs television with the Independence Institute on KBDI, Channel 12.  First at 8:00,  enjoy some round-table political analysis with Research Director Dave Kopel on Colorado Inside Out, then move on to some K-12 education wonkery on Devil’s Advocate with Jon Caldara at 8:30.

Tonight State Board of Education member Peggy Littleton and State Senator Michael Johnston join Caldara to debate whether the requirement for Colorado to sign on to national Common Core Standards is a price too high for $175 million in Race to the Top money.

Then at 9:00…well, by then we’ve done our part to set the mood and you are on your own, my friends.

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