Entries by natelson

Why The Parties Line Up That Way in Montana Zoning Battles

Missoula has been suffering one of those land use wars so typical of some Montana cities. The city council, which is controlled by “progressives,” has voted to ease zoning restrictions to allow backyard houses in all neighborhoods, thereby feeding its ideological devotion to crowding. Or, to use their euphemism, “infill.” A striking aspect of infill […]

New Evidence Suggests Obama’s “Recess Appointments” Are Not Valid

Litigation over President Obama’s “recess appointments” to the National Labor Relations Board is going to the Supreme Court. A similar battle is being waged among lawyers about whether the President’s appointments to that Board, and to the Consumer Financial Protection Bureau, are constitutional. At stake is the legal validity of hundreds of administrative decisions and […]

Rob Natelson: Three Cheers for Speaker Blasdell and the State House!!! (to which is appended a heads-up from past experience)

Carl Graham and I were in the legislative galleries in Helena last Friday, when the state stepped back from the brink. Democrats and some Republicans were pushing for the state to yoke itself to the Obamacare Medicaid expansion, enticed by “free federal money.” So they amended a bill designed to keep the state free from […]

Rob Natelson:The Constitutional Issues In Same-Sex Marriage

I’ve found that most of the discussion about same-sex marriage, even among lawyers, tends to mis-characterize the constitutional issues. This is particularly true of the “equal protection” issues. Under the Constitution as originally understood, jurisdiction over domestic relations outside federal enclaves and federal territories was reserved to the states. State laws dealing with domestic relations […]

Rob Natelson: Protect Democracy: End Election Day Registration

Carting uninformed, transient voters to the polls to vote for the political boss-man is a time-dishonored practice of demagogues everywhere. It has no place in Montana. House Bill 30, currently pending in the Montana legislature, would curb this abuse by ending the practice of voting-day registration. It would require voters to register at least four […]

Rob Natelson: Some Humor on the Corruption of Modern Universities

A high school senior who has just gone through the college admissions process humorously reflects on her experience in this Wall Street Journal op-ed. Her column is a good P.S. to my recent posting on what’s wrong at modern universities. Beneath the humor, the analysis by Suzy Lee Weiss of the skewed criteria many admissions […]

Rob Natelson: Protecting People Against “Gun Control”

    Like the Montana Constitution, the Colorado Constitution guarantees citizen gun rights. Nevertheless, Colorado recently became the first Rocky Mountain state to impose sweeping limits on gun and gun-magazine ownership in violation of its own basic law and of the Second Amendment of the U.S. Constitution. The action is concerning for Montana, because Rocky Mountain […]