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constitution

Abortion Analogies

November 9, 2009

     The enactment of the Stupak Amendment as part of the health care bill reawakens the debate over abortion.  Both sides invoke arguments by analogy in support of their positions on abortion and abortion funding.  I find a third analogy to be more fitting – one that supports the Supreme Court's position that while abortion [...]

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Health Care Financing Reform: (62) The Stupak Amendment

November 8, 2009

     This posting contains a description of the Stupak Amendment restricting the use of federal funds to pay for abortions and links to articles and sites discussing the amendment.

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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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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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More on the Constitution and Famous Trials

October 9, 2009

Exploring Constitutional Law is a wonderful site created by Doug Linder, a professor at the University of Missouri-Kansas City Law School.  “This site explores some of the great issues and controversies that surround our Nation's founding document.”  “It was created for use by those interested in understanding our nation’s most important document.”  Articles address such [...]

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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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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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America the Beautiful: (9) Constitutional Ideals in American Art

August 13, 2009

     There are countless works of art that reflect our constitutional ideals of liberty, fairness, and equality before the law.  I can only make a brief start on that list. 

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Liberals, Conservatives, and Judicial Activism

July 20, 2009

     Is it accurate to say that liberals support "judicial activism" in the interpretation of the Constitution while conservatives simply want Supreme Court justices to "follow the law"?

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Sotomayor's First Day of Hearings: Gun Rights and Foreign Law

July 13, 2009

     Two additional topics were raised today in Judge Sonia Sotomayor's first day of confirmation hearings before the Senate Judiciary Committee: the Second Amendment and the influence of foreign law on the interpretation of the Constitution.  Links below, additional analysis will follow tomorrow.

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