The Right to Bear Arms is an Individual Right

December 4, 2016

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The Myth The right to bear arms, which is granted to us by the Second Amendment, is a collective right, granted exclusively to those who are members of a formal military organization, called the militia.  Integral to this myth is the belief that the militia mentioned in the Second Amendment is the same as the […]

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Do Federal Regulations Violate the Constitution?

April 15, 2013

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The Myths  The current regulatory environment does not violate the Constitution.  Numerous federal agencies writing enormous amounts of regulations does not violate the Constitution. The fact these regulations are given the force of law even though none of them are passed through the normal legislative process does not violate the Constitution. Any law passed by […]

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Do Executive Orders Violate the Constitution ?

January 12, 2013

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The Myths Presidents can issue executive orders that are legally binding on the general public.  These executive orders are backed by the full force of law just like laws passed through the formal legislative process.  A president can use executive orders to go around congress. The president can use executive orders to modify laws passed […]

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Does ObamaCare violate the US Constitution? Article 2

August 22, 2011

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Here is a link to the first article I wrote on this subject. http://constitutionmythbuster.com/2011/06/25/does-obamacare-violate-the-us-constitution/ The Myth The individual mandate of the new National Health Care Law does not violate the Constitution because it is authorized by the commerce clause. The health care law in itself is authorized by the general welfare clause. This law does […]

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How did the framers of the Constitution define “States’ Rights”?

August 7, 2011

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The Myth This whole notion of States’ Rights is nothing more than code words for slavery and segregation. If you are talking about State rights you are a racist. The Truth Southern States did in fact use the phrase States’ Rights as an excuse to justify slavery and segregation. However this was only the excuse […]

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Did the 14th Amendment really incorporate the Bill of Rights?

July 28, 2011

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The Myth The Fourteenth Amendment incorporated the Bill of Rights down to the State and local level. This granted the Supreme Court the power to strike down any State and local law it feels violates the Bill of Rights. The Truth It is only possible to make the case that the 14th Amendment extended the […]

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Is Social Justice Compatible with our Constitution?

July 7, 2011

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The Myth Social justice is entirely compatible with our Constitution. It does not violate any provision or principle of the Constitution. The Truth Social justice is based on fundamental set of philosophies that is the direct opposite of the fundamental sets of philosophies our Constitution is based on. These two sets of philosophies are in […]

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Does ObamaCare violate the US Constitution?

June 25, 2011

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The Myth The individual mandate of the new National Health Care Law does not violate the Constitution because it is authorized by the commerce clause. The health care law in itself is authorized by the general welfare clause. This law does not violate the Constitution in any way. The Truth The Constitution in no way […]

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What does the Supremacy Clause mean?

June 18, 2011

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The Myth All laws passed by the Federal Government are the supreme law of the land. The Supreme Court is the final and absolute authority when it comes to determining the constitutionality of federal laws. Until the Supreme Court declares a law unconstitutional all individuals and States are bound by that law. The Truth According […]

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The First Amendment guarantees you freedom of religion not freedom from religion.

June 6, 2011

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The Myths No one who is paid by any government agency, at any level of government, may lead others in prayer or use any religious language in a public setting.  No religious objects such as crosses or nativity scenes can be placed on public land no matter if it is local, state, or federal land. […]

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Is collective bargaining a fundamental right that is enshrined in the US Constitution?

June 2, 2011

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The Myths 1. Collective bargaining is a fundamental right that is protected by the freedom to assemble clause of the First Amendment. 2. Collective bargaining is one of those fundamental rights that are implied by the 9th Amendment 3. The US Congress is granted the power to establish uniform collective bargaining laws by the commerce […]

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Did the US Constitution create a National Government or a Federal Government?

May 28, 2011

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The Myth The government created by the United States Constitution is a powerful “national” government with political authority concentrated in Washington DC. The States are mostly controlled by Washington DC. This national government can pass any laws it wishes and the States must comply. These laws can touch each and every individual living in this […]

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Does the US Supreme Court have the power to veto State Laws involving our most fundamental rights?

May 24, 2011

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The Myth The Fourteenth Amendment gives the Supreme Court the power to strike down any State Law that it feels violates the Bill of Rights ot the US Constitution. The Truth The Bill of Rights of the US Constitution was never meant to the apply to the Sates. The Bill of Rights only limits the […]

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If someone is arrested for disrupting an event, is that a violation of their First Amendment Rights?

May 20, 2011

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The Myth A favorite tactic for progressives is to use loud protesters to shout down speakers and disrupt gatherings such as Tea Party rallies, town hall meetings, speeches by people they do not agree with, and even a very large church service.  Because they get dragged away from the event by security they almost always […]

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Are Supreme Court decisions really the law of the land?

May 18, 2011

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The Myth To determine the Constitutionality of any law,  previous Supreme Court decisions are the final and absolute yardstick all laws are measured against. These past decisions are called Supreme Court Precedence. The Truth The actual text of the Constitution is the final and absolute yardstick all laws are measured against. When the Supreme Court […]

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Entitlements are what make us a great Country? Really Mr. President?

May 13, 2011

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The Myth According to our President we would not be a great country without Social Security, Medicare, ObamaCare, and all the other multitude of entitlements. The Truth Our Country has been great since its very beginning and entitlements, which are relatively new development in our country’s history, had absolutely nothing to do with that. Instead […]

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Are we really a Democracy?

May 11, 2011

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The Myth The government of the United States is a Democracy. The Truth The government created by our Constitution is a Republic, not a Democracy. The framers of the Constitution feared Democracies so intensely they created a brand new form of government called a Constitutional Republic. The Facts Before writing the Constitution our founding fathers and […]

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What does the General Welfare Clause really mean?

May 9, 2011

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The Myth The Constitution grants the Federal Government the power to forcibly confiscate wealth from one group of individuals and transfer the wealth to another group. The method authorized for this confiscation of wealth is taxation and the method for its distribution is welfare, Social Security, Medicare, and Obamacare. This transfer of wealth is authorized […]

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Is the Constitution really a living breathing document?

May 4, 2011

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The Myth The meaning of the US Constitution changes over time because it is a living document. The meaning must evolve with the changing political climate. The Truth This is a dangerous doctrine that has done great damage to our individual liberty and the prosperity of our nation. The Constitution is the Supreme Law of […]

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What does “Limited Government” really mean?

May 2, 2011

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The Myth  If you are in favor of a limited government you want the United States to turn into Somalia. The Truth  When a member of the Tea Party refers to limited government they are referring to the federal government only. The Constitution created a federal government that is limited to specific powers that are […]

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