Constitutional

Advocate Article: Trespass, Privacy, and Drones in Idaho: No Snooping Allowed!

Published in the Idaho State Bar Advocate Magazine, Mar/Apr 2015. by Arthur B. Macomber In Idaho, regardless of the lawful geographic position of the drone operator, Idaho law prohibits the flying of drones1 into properly posted private property airspace without permission of the title owner or possessor of that airspace.2 In Idaho, real property includes land3…

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Private Property v. Government: Vigilance Required!

COEUR D’ALENE, Idaho – January 3, 2015. The importance of taking a long-term view regarding government versus private property is highlighted again by recalling the 2009 unveiling of plans by Pfizer Corporation to close its New London, Connecticut operations and consolidate some of them in Groton, Connecticut facilities, coupled with Pfizer’s 2011 decision to move the balance of…

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Proposed Idaho Constitutional Amendment Deserves Rejection

Date: October 14, 2014 by Arthur B. Macomber, Attorney On November 4, 2014 Idahoans will vote on the addition of a Constitutional amendment to affirm the legislature’s power to nullify or veto executive branch rules. A legislative veto is a good idea. Idaho’s Constitution is a precious protector of our liberties, because it limits the sovereign…

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Attorney picks bone with constitutional scholar Adler

On Oct. 11, David Adler of Boise State University expressed his opinion related to President Obama’s purported authority to lift the U.S. debt ceiling. I agree with his conclusion, but he erred in his argument about the 14th amendment to the U.S. Constitution. Mr. Adler is correct that the issue involves the text of the…

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Interpreting the Court: Judicial Activism v. Restraint

Hastings Law News: February 26, 2001 Author: Art Macomber, 1L, Hastings College of the Law A central theme of law school is the evaluation of court judgments.  Teaching students the difference between broad and narrow readings of cases sets lifelong templates for professional judgment. What is legal interpretation?  What is judicial activism or restraint?  Judges…

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Federalism: Guardian of Individual Liberty

Submission to the Hastings Law News Author: Art Macomber October 27, 2001 Title: Federalism: Guardian of Individual Liberty Federalism is not merely a separation of powers doctrine dividing the federal government’s three branches.  It is not simply a tug-of-war for political power between federal and state governments. Finally, it is not an outmoded approach to…

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