Constitutional Law (page 7)

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    Federalist columnist and JLF analyst pursue same angles in Supreme Court’s cake case

    In addition to Jon Guze’s excellent analysis of the U.S. Supreme Court’s recent oral arguments in the Colorado case involving a cake designer and same-sex marriage, you might want to read an assessment from Federalist columnist Margot Cleveland. Focusing on many of the same points Jon emphasizes, Cleveland…
    Mitch Kokai, December 11, 2017
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    Why the Christian baker case didn’t need to end up at the Supreme Court

    Ryan Anderson explains at National Review Online how this week’s highest-profile U.S. Supreme Court case could have been avoided. The Justices now will decide whether states, consistent with the First Amendment, can force citizens to express support for same-sex marriage through their artistic products. But this case needn’t…
    Mitch Kokai, December 8, 2017
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    New Carolina Journal Online features

    Dan Way reports for Carolina Journal Online on Local Government Commission concerns surrounding the precedent of private ownership of a Jones County public school building. The Daily Journal highlights one veteran N.C. jurist’s prediction that the state Supreme Court will avoid a 4-3 partisan split in a case…
    Mitch Kokai, December 7, 2017
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    Save Your Seat For Monday, Dec. 11 at JLF

    There are a number of ways of interpreting what the Framers meant to give us, in their Constitution, but reading their deliberations carefully, it’s clear that more than anything they wanted an anti-corruption covenant. So understood, the most important date in American history is July 17, 1787. In this presentation,…
    Donna Martinez, December 6, 2017
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    Liberal legal lion laments lack of basic comprehension of president’s constitutional role

    Anna Giaritelli of the Washington Examiner reports on Harvard law professor Alan Dershowitz’s reaction to the latest rumblings about a legal case being made against President Trump. Harvard Law professor Alan Dershowitz on Monday said President Trump was within his rights as commander in chief when he fired…
    Mitch Kokai, December 5, 2017
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    The Supremes and cellphone privacy

    Ryan Lovelace of the Washington Examiner details another major case heading to the nation’s highest court. The Supreme Court is preparing to close out 2017 with a slew of blockbuster cases starting with a major cellphone privacy case Wednesday. The justices will hear arguments Wednesday in Carpenter v.
    Mitch Kokai, November 28, 2017
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    Gingrich on Trump and the courts

    Newt Gingrich uses a FoxNews.com column to highlight President Trump’s early impact on the federal courts. As Congress and President Trump continue to work to pass the most significant tax cuts in more than 30 years, the president is also implementing another enormous conservative reform that will strengthen…
    Mitch Kokai, November 27, 2017
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    Trump and separation of powers

    Constitutional law professor Josh Blackman uses a National Review Online column to ponder the president’s impact on the federal government’s separation of powers. The rise of the administrative state over the last century has pushed us closer and closer to the brink. Today, Congress enacts vague laws, the…
    Mitch Kokai, November 22, 2017