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Due Process

What does due process of law under the 14th Amendment mean? The due process clause states that “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Due Process provides both procedural and substantive guarantees. Procedurally, Due Process grants individuals the opportunity to be heard at a meaningful […]

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Free Exercise of Religion

The Free Exercise Clause of the First Amendment states in pertinent part that “Congress shall make no law[…] prohibiting the free exercise [of religion].” Courts have made clear that a claimant’s right to religious free exercise is only protected when the claimant has a sincerely held religious belief and the government’s action is a substantial […]

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Is the U.S. attack on Libya Constitutional?

After weeks of build-up, the U.S. initiated the use of military force against Libya in March ’11. Many politicians — particularly Congressman Kucinich from Ohio — have called these attacks unconstitutional in that they were ordered solely by President Obama and the Executive Branch. Congressman Kuchinich even went so far as to call it an […]

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“Facially Unconstitutional” or “Unconstitutional As Applied”

Nowhere in the U.S. Constitution does it mention how laws that are facially unconstitutional or unconstitutional as-applied should be treated. Rather, this distinction is one that has been formed and developed in U.S. Supreme Court (SCOTUS) precedent. The source of the facial/as-applied distinction flows from concerns over strict interpretation of “cases and controversies,” judicial review […]

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Free Speech Under The First Amendment

The Freedom of Speech is one of the bedrock principles of our Country. It comes up all the time in news stories, every day conversation and is thrown about by the media constantly. But, from a purely legal standpoint, I find that few people really understand the parameters of Free Speech under the First Amendment. […]

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“Kill Switch” Bill

As the article I previously posted points out, Washington D.C. is currently considering a bill which would give the President the ability to shut off certain privately owned computer systems in case of a “national emergency.” In other words, the Executive would have the ability to shut down crucial internet points in the name of […]

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Proposed Internet Oversight Bill/"Kill Switch"

Below is an article (not by me: copied and pasted from CBS) that is chalk full of constitutional issues. I’ll give my opinion on the constitutionality later in the week…but a good overview read in the meantime: — A controversial bill handing President Obama power over privately owned computer systems during a “national cyberemergency,” and […]

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McDonald v. Chicago: U.S. Supreme Court Misfires on the 2nd Amendment

In McDonald v. Chicago, The Supreme Court of the United States (“SCOTUS”) was wrong in deciding that the 2nd Amendment to the U.S. Constitution — the right to keep and to bear arms — applies to the States. My opinion is not based on any policy preference, but is instead grounded in objective, neutral interpretation […]

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Constitutionality of the Arizona Immigration Law

There is a distinct difference between whether a law is constitutional or whether it creates good policy. I intend to discuss only the former in relation to Arizona’s Immigration law which became law in early 2010 (http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf). In this attorney’s opinion, the law is constitutional. Overall, there seems to be two primary constitutional objections being […]

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Healthcare Constitutional?

The fight over the Healthcare Bill passed by Congress in early 2010 is not over. It won’t even be resolved in 2011. It has, instead, moved across the street to the Judiciary, where it will eventually work its way up to the Supreme Court. However, don’t be quick to dismiss this as sour grapes in […]

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