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Category Archives: Constitution

The argument from history doesn’t jive with history

It seems when arguing about our legal system, two things will hold true: a person arguing against capital punishment will bring up the cost associated with it, and a person arguing against the private ownership of firearms will bring up the historical interpretation of the Second Amendment. The former I’ve already tackled, twice, and the […]

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Protesting in a Courthouse

Hands up if you believe you have your free speech rights in a Courthouse. Those of you who rose your hands, you’re not correct. Courthouses have routinely restricted the speech rights of spectators who arrive to watch court proceedings. So it is quite incredulous for a constitutional law attorney named James Whitehead to say this: […]

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What unconstitutional actually means

Let’s clear something up since I’ve seen way too many people confuse this concept: what does it mean when a Court declares a law to be unconstitutional? What must happen once the Court declares a law unconstitutional? Here’s what many seem to think must happen: the legislature must promptly modify or repeal the law in […]

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Amending the constitution, revisited again

Whenever someone calls for amending the Constitution of the United States, we need to look upon their desires with a very, very high level of scrutiny. I’ve done this previously with Governor Rick Perry in his calls for various ways to amend the Constitution, along with another proposal regarding laws and their applicability to Senators […]

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SCotUS upholds finality of acquittals

In a per curiam decision decided on May 27, 2014, the Supreme Court of the United States again upheld the finality of acquittals against an attempt at a prosecutor’s appeal. The trial of Esteban Martinez was set to begin on May 17, 2010. His counsel was ready; the State was not. When the court swore […]

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Defending due process

I understand it is frustrating seeing someone put on trial only to see them walk out of Court, having been acquitted of the charges in what many would’ve called a "slam dunk" case. And the unfortunate response to these trials seems to be an attack on due process itself. On Facebook I am subscribed to […]

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Atheism is a religion

Just as many atheists say that “atheism is a lack of belief in a god or gods” is one phrase that irks me to no end, another common statement that I’ve always found troubling is “atheism is a religion like off is a TV channel”. Along a similar vein, “atheism is a religion like bald […]

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An amendment to support

Normally I’m not one for amending the Constitution of the United States, and I highly scrutinize any calls to amend the Constitution. But Daylight Saving Time has me in a little bit of a pro-amendment kick right now. Under Article I, Section 8, one of the enumerated powers of Congress is to “fix the Standard […]

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Rebuttal to Jonathan Zimmerman, "End presidential term limits"

Jonathan Zimmerman is a professor of history and education at New York University who recently penned an op-ed for the Washington Post regarding the 22nd Amendment, the Amendment that establishes the two-term limit on the President (and 10-year limit on a person who succeeds to the office), and why it should be repealed. On principle […]

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Defending Starbucks

In the wake of the recent firearms policy announcement by Starbucks, numerous gun rights advocates are reasonably upset. But I think they’re overreaching, reading too much into the policy and interpreting from it things it does not say. Now first, Starbucks has a right as a private organization to set whatever policies it wants regarding […]

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