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Gonzalez v. Arizona Rests upon a False Premise 14 May 2012 | 10:38 pm
The recent Ninth Circuit en banc decision in Gonzalez v. Arizona illustrates current erroneous understanding of the Elections Clause under Section 4 of Article I. At issue in this case was Arizona’s P...
Original Meaning: Cruel and Unusual Punishments 19 Mar 2012 | 11:36 pm
Summary: The prohibition against cruel and unusual punishments is a check against courts using their discretion to impose illegal and cruel punishments that are unknown to fixed law as was the practic...
Constitutional Purpose of Recess Appointments 8 Jan 2012 | 10:47 pm
Since recess appointments have been getting a great deal of press attention lately, and because it appears Obama and Congress don’t have a firm understanding of the actual text and history of the clau...
Thomas is right, Establishment Clause Jurisprudence ‘in Shambles’ 4 Nov 2011 | 07:34 pm
Justice Thomas pointed out what many should already know from his lone dissent from the court’s denial of certiorari in Utah Highway Patrol Association v. American Atheists Inc. on Monday: Federal Est...
There is No Constitutional Right to Occupy 14 Oct 2011 | 11:44 pm
“[A]ssembly to be peaceable, the usual remedies of the law are retained, if the right is illegally exercised.” —William Rawle I wish to briefly address the assertion the folks occupying Wall Street –...
Wrong Questions in Hosanna-Tabor Religious Freedom Case 11 Oct 2011 | 05:16 pm
Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”) is a religious school in Redford, Michigan who terminated employment of a teacher and commissioned minister named Cheryl Perich a...
NAFTA Trucking Provision Unconstitutional 24 Aug 2011 | 03:15 pm
Remember that trucking provision under NAFTA (The North American Free Trade Agreement), which was ratified in November of 1993, allowing Mexican trucks to access border States highways by 1995 and to ...
14th Amendment Does Not Prevent Debt Default 9 Jul 2011 | 11:03 am
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not ...
How States & Nations Regulated their Commercial Intercourse 1 Jul 2011 | 05:28 am
The Power Described The Regulating Power Sought Over Commerce with the States Commerce Defined Why Nations Regulate their Commercial Intercourse Why the Power among the States Why Congress Lacks ...
Nothing Unusual about States Denying Citizenship to Alien Born Children 13 Jan 2011 | 02:28 am
James Ho in a Wall Street Journal op-ed repeats common misunderstandings over what “subject to the jurisdiction thereof” under the Fourteenth Amendment was declared to mean by its primary framers, the...
