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constitutional law

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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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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Looking Ahead: Thoughts on Sotomayor, Rove, Detainee Trials, and the CIA

July 10, 2009

     Summer is usually slow for Constitutional Law news, but not this year.  This post contains some predictions about upcoming developments; an expression of gratitude to the commenters who contribute to the discussions on this site, particularly fellow Ohio.com bloggers Da King and The Reverend; and a request for topics that you want to read [...]

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Responding to Reader Comments on Bork

June 10, 2009

     The thoughtful comments to my postings on why Robert Bork's nomination to the Supreme Court was not confirmed deserve what is hopefully an equally thoughtful response. 

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Gay Rights and Free Exercise: (8) Employment Nondiscrimination Laws and Freedom of Religious Expression

May 5, 2009

     Many states and cities have enacted laws prohibiting employment discrimination on the basis of sexual orientation, and Congress is considering enacting similar legislation – the Employment Nondiscrimination Act (ENDA).  The law enjoys wide support in Congress and President Obama has indicated that he would sign the bill into law.  On the other hand, all [...]

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"Just War" and the Constitution

March 24, 2009

     Responses to previous postings on torture of captured prisoners raise a related question – are there constitutional limits on going to war?  Both philosophers and people engaged in drafting and adopting international law have attempted to differentiate "just wars" from "unjust wars."  Do these notions inhabit the Constitution?

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Supreme Court Affirms Verdict for Plaintiff in Wyeth Case and Dismisses al-Marri Case as Moot

March 7, 2009

     The Supreme Court has decided for the plaintiff who sued the drug manufacturer Wyeth and has granted the government's request to dismiss the prisoner al-Marri's constitutional claim. 

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The Bradbury Memos

March 5, 2009

    On January 15, 2009, just five days before tne end of the Presidency of George W. Bush and five days before the Inauguration of Barack Obama, Stephen G. Bradbury, a Bush administration official with the Justice Department, issued a memorandum withdrawing a number of Justice Department opinions that had been written by other Bush appointees in 2001 and 2002 declaring that [...]

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Lincoln and the Constitutionality of Emancipation

February 17, 2009

     Abraham Lincoln opposed slavery as strongly as any abolitionist: he said, "If slavery is not wrong, then nothing is wrong."  But did he possess the power to end slavery?

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Lincoln and the Transcendent Constitution: (2) The Apple of Gold and the Picture of Silver

December 31, 2008

     The first evidence of Lincoln's view of the Constitution for us to consider is from an undated fragment found among Lincoln's presidential papers after his death.  Some scholars believe that this was written shortly after Lincoln took office in 1861, and that it may have been intended as a response to his friend Alexander Stephens, the [...]

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The Toussie Pardon Withdrawal and Marbury v. Madison

December 28, 2008

     There is an ongoing debate at talkingpointsmemo.com and other websites about whether President Bush has the power to rescind the pardon that was granted to Isaac Toussie, who had been convicted of federal crimes related to real estate manipulation.  The pardon had been signed by the President but not delivered to Mr. Toussie.  The President contends [...]

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Lincoln and the Transcendent Constitution: (1) The Constitution and the Declaration

December 23, 2008

     Lincoln changed our perception of what it is to be an American by changing our understanding of the meaning of the Constitution, and he achieved this by incorporating the principles of the Declaration of Independence into the Constitution, particularly the phrase, "all men are created equal."

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