Constitution

Constitutional education, history, commentary, reform, compliance, and interpretation.

2011/03/05

So what have you learned as a legal intern?

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2011/03/03

"Public concern" in Snyder v. Phelps

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The Court may have gotten the decision correct in this case, but not the opinion, and that was because it was not argued as well as it shoul...
1 comment:
2011/03/02

So what about a balanced budget amendment?

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YouTube - So why do we face economic collapse?

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YouTube - So why do we face economic collapse?
2011/03/01

Flaws in Balanced Budget Amendment

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Sen. Jim Demint and others have introduced S. Joint Res. 38 ,  The Balanced Budget Amendment. Although this would seem to be a good idea on ...
2011/02/24

Flaws in Tennessee nullification bills

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Two bills, HB 1705 by Rep. Matthew Hill , and SB 1474 by Senator Stacy Campfield , were recently introduced. Although they have much meri...
1 comment:
2011/02/09

Common law myth, reality, and hope

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In the most general sense, " common law " is just the body of court precedents , which changes with each new precedent. The term o...
2011/02/04

Opinion flawed in Comstock

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There is a fundamental flaw in the U.S. v. Comstock opinion. While Congress arguably has authority to conduct competency hearings and detai...
2011/02/03

Amend Federal Rules of Evidence

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The House of Representatives, Committee on the Judiciary has posted  a version with the December 2010 amendments: http://judiciary.house.go...
2011/02/02

Original meaning not in much original practice

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Persons who seek original meaning of laws such as the Constitution often confuse themselves by conflating original meaning of the language t...
1 comment:
2011/01/24

So what is pynthantics?

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1 comment:
2011/01/05

Armed and Dangerous

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The Fourth Circuit opinion in  United States v. Chester , decided Dec. 30, 2010, contains the following conclusion from the two-judge majori...
2011/01/02

YouTube - So you want to replace fiat currencies

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YouTube - So you want to replace fiat currencies
2010/12/22

YouTube - So you want to nullify violations of the Constitution

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YouTube - So you want to nullify violations of the Constitution
2010/12/19

YouTube - So you just got back from jury duty 2

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YouTube - So you just got back from jury duty 2
2010/12/18

YouTube - Quantitative Easing and Inflation

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YouTube - Quantitative Easing and Inflation
2010/12/14

Unnecessary and Improper

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What are the origins of constitutional infidelity? Some go back to the Alien and Sedition Acts of 1798 , but that was turned back by the Ele...
2010/12/11

Varieties of jurisdiction

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Jurisdiction is authority to act, generally in some official capacity. It presumes constraints on such authority, so that some acts may be ...
2010/12/08

Wikileaks constitutional issues

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The Wikileaks saga raises a number of constitutional issues, which deserve to be discussed on this forum. Here are a few: 1. By original u...
2010/12/07

Majority voting not in Constitution

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Does the U.S. Constitution prescribe majority votes in Congress? This question came up in the Volokh Conspiracy forum. The answer is no...
2010/12/02

YouTube - So you just got back from jury duty (1)

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YouTube - So you just got back from jury duty (1)

So you got called for jury duty

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So you got called for jury duty
2010/11/21

Not all powers of Congress in Art. I Sec. 8

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Judge Andrew Napolitano (and others) continues to repeat the error of saying all the powers delegated to Congress are contained in Art. I S...
2 comments:

Flawed Texas HB 297

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The bill by Texas Rep. Leo Berman (R-Tyler), HB 297, http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB297 , mi...
2010/11/19

Flawed Texas Health Freedom Act

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The following was sent to Representative Ken Paxton, a leading contender for election as Speaker of the Texas House. -------- Original Mes...
2010/10/31

Lawgiver anticipations

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One of the things I find misleading about discussions of constitutional interpretation in the Founding Era, particularly by "federalist...
2010/10/28

Two things to do

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After years of study of our situation, I have concluded that there are just two things we can do, and that have to be done in tandem. The fi...
1 comment:
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