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From the category archives:

Constitutional Law

Supreme Court 2009-2010 Term: (1) Salazar v. Buono – Cross on Public Land

October 26, 2009

     On October 7 the Supreme Court heard oral argument in the case of Salazar v. Buono, which involves the constitutionality of a cross that had been erected on public land.  More below.

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Matthew Shephard Hate Crimes Prevention Act Enacted by Congress – Some Constitutional Considerations

October 23, 2009

     Yesterday Congress enacted the Matthew Shepard Hate Crimes Prevention Act as part of the National Defense Reauthorization Act for 2010.  This law makes it a federal offense to assault people because of their race, color, religion, national origin, gender, sexual orientation, gender identity or disability.  However, because of constitutional considerations, crimes based on the [...]

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Obama Administration Discourages Prosecution in "Medical Marijuana" Cases

October 19, 2009

     The AP is reporting that the Justice Department is sending guidelines to federal prosecutors today advising them not to prosecute the sale of marijuana where such sales are in compliance with state laws.  This news has interesting implications under the Constitution.

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Louisiana Justice of the Peace Violates the Constitution – and His Reasoning Strikes a Familiar Chord

October 18, 2009

     This much is obvious.  Keith Bardwell, an elected Justice of the Peace in Louisiana, violated the Constitution when he refused to marry an interracial couple.  People have not paid too much attention to the reason that he refuses to marry people of different races.  That reasoning is instructive.

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Response to a Question about the Commerce Clause

October 17, 2009

     Yesterday Dave, a frequent commenter, in response to a column by my colleague Lynn Lenart, challenged the constitutionality of the Environmental Protection Act.  Specifically, he argued that Congress lacks the authority under the Commerce Clause of the Constitution to regulate air and water pollution that occurs entirely within the state of Ohio.  I disagree.

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The Constitutionality of Obama's "Czars"

October 7, 2009

     Joe Markman of the Los Angeles Times reports today that five constitutional experts appeared yesterday before the Constitution subcommittee of the Senate Judiciary Committee and expressed their opinions regarding the constitutionality of President Obama's "czars" – officials who advise the President and coordinate policy among different agencies and departments of the federal government.  The [...]

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The Constitution of the United States

September 18, 2009

This week, the country celebrated the anniversary of the signing of the Constitution in September of 1787.  Let’s look at some of the various web sites with United States Constitutional materials.
The Library of Congress has a United States Constitution page.  Resources include scanned images of a very early printing of the U.S. Constitution and links to [...]

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Is There a Constitutional Right for Corporations to Influence Elections?

September 17, 2009

The New York Times described the case of Citizens United v. FEC, which was recently re-argued before the Supreme Court, as "a momentous case that could transform the way political campaigns are conducted."  As the NYT reports:
The case involves “Hillary: The Movie,” a mix of advocacy journalism and political commentary that is a relentlessly negative [...]

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Health Care Reform Programs at Akron Law

September 9, 2009

Akron Law will host two programs on Health Care Reform. Tomorrow, the Federalist Society and the Black Law Students Association will host a debate on the subject. On Tuesday, Sept. 15, the Constitutional Law Center will host a presentation by Dr. Sharon Hull of NEOUCOM. Both programs are free of charge and open to the [...]

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Health Care Financing Reform: (12) Kevin O'Brien: "Health Care Is Not a Right"

September 9, 2009

In a recent column Cleveland Plain Dealer reporter and columnist Kevin O'Brien makes a powerful argument for the proposition that health care is not a right.  On constitutional grounds he is absolutely correct.

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Torture Update: Inspector General Report, Special Prosecutor, and New Interrogation Unit

August 25, 2009

     Three significant events yesterday occurred yesterday on the torture front: the government released the 2004 C.I.A. Inspector General's Report on interrogations; Attorney General Eric Holder expanded the special prosecutor's jurisdiction to investigate whether interrogators broke the law; and it was revealed that the President has created a new single government unit to question "high value" prisoners [...]

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Panetta's Concern Revealed: Secret C.I.A-Blackwater Assassination Program

August 20, 2009

     In an article by Mark Mazzetti in yesterday's New York Times it was reported that the secret program that current C.I.A. Director Leon Panetta learned about, terminated, and revealed to Congress in June of 2009 was a Bush administration plan to use the Blackwater private security firm to help assassinate al-Qaeda leaders.

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