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fourteenth amendment

Same-Sex Marriage: 85,600,000 and Growing

February 24, 2012

More than one-fourth of Americans now live in jurisdictions that recognize same-sex marriage.  Within five years more than half of Americans may live in such jurisdictions.  But there are legal barriers.

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2011-2012 Supreme Court Term: Coleman v. Court of Appeals of Maryland, No. 10-1016 (11th Amendment State Sovereign Immunity)

February 20, 2012

This is another of those wacky 11th Amendment cases that the Supreme Court has been entertaining lately.

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The Mystery Solved – Obama Birth Video! And More!

May 1, 2011

Here is a link to the "Official Obama Birth Video" that the Associated Press posted on Youtube early this morning.  This will surely put the doubts of the "birthers" to rest and allow us to get back to addressing the real problems America is facing!

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Birthright Citizenship Act of 2009

June 25, 2010

     Representative Nathan Deal (R-GA) submitted a bill – the Birthright Citizenship Act of 2009 – that would change the law so that children born in this country whose parents are undocumented immigrants would not be considered citizens of the United States.  In my opinion this law would be unconstitutional under 14th Amendment and the [...]

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Libertarianism: (Part 3) Negative Liberty and Positive Liberty in the Constitution

May 25, 2010

     In his masterful book Abraham Lincoln and the Second American Revolution James M. McPherson draws the distinction between "negative liberty" and "positive liberty."  Negative liberty is the right to be free from laws regulating our conduct.  Positive liberty is the enactment of laws protecting our rights.  Libertarians in general and Republican senatorial nominee Rand Paul [...]

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The Right to Bear Arms and the Right of Self-Defense

February 26, 2010

The online edition of Cardozo Law Review deâ novo has an entire issue devoted to the latest Second Amendment Supreme Court cases.  The title of this special issue is called Firearms, Inc. and it includes essays and articles on:  The legal and historical American right to bear arms. The right of self-preservation and resistance. The Second [...]

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Young People's Constitutional Right to Drink and Vote

December 19, 2009

     In my day, college kids could drink but not vote.  Now they can vote  but not drink.  What gives?

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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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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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The Supreme Court at the Tipping Point: Racial and Gender Equality

July 21, 2008

            Originally the United States Constitution did not embrace the principle of equality. Instead the Constitution protected slavery in gross contradiction to the Declaration of Independence that had stated "all men are created equal."

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The Supreme Court at the Tipping Point: The Right to Privacy

July 7, 2008

     If additional justices who share the views of Justices Scalia and Thomas are appointed to the Supreme Court, one of the most significant changes that is likely to occur is that the Court will restrict or perhaps even completely abandon the concept of "the right to privacy." A bit of constitutional history can place [...]

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