Prior to the 2019 Timbs v Indiana Supreme Court decision, state and county courts were legally allowed to forfeit high priced property of the accused and hold them accountable to unnecessarily high fines before their trials. In February of 2019, the United States Supreme Court ruled that the Constitution’s 8thAmendment ban on excessive fines applies to … Continue reading
Category Archives: Constitution
The 2016 Election Proves The Need For Voting Reform
Americans are unhappy with their choices in the upcoming Presidential election. Hillary Clinton, whose net favorability rating is -15.4,[i] is the least popular presidential candidate in the last 10 elections cycles save one:[ii] her opponent Donald Trump.[iii] Seeing this, some media outlets have speculated[iv] that this could be the election cycle in which we see … Continue reading
Apple, Inc. vs. Federal Bureau of Investigation: A Legally Dubious Order
Editor’s Note: This article appears as the second of a three-part series dealing with the recent legal battle between Apple and the F.B.I. over a court order requiring Apple to break into the phone of one of the San Bernardino Shooters. Jon examines the legal underpinning of the case. My colleague Alessandra does an excellent job … Continue reading
Republican or Democrat, Let’s Wait on a Nominee
The legal world was shocked to hear of the sudden passing of Supreme Court justice and conservative intellectual giant, Antonin Scalia. Appointed by Ronald Reagan, Antonin Scalia could always be counted on as one of the “conservative” members of the Court, in addition to promoting his “originalist” interpretation of the constitution. After he died, it … Continue reading
Why the “Open Internet Order” is Unconstitutional
Now that the Federal Communication Commission’s (FCC) so-called Open Internet Order (OIO) has finally been released, we can begin to assess where we go from here. Besides the numerous reasons why the FCC’s decision is bad policy, it is also unconstitutional. The OIO is a violation of the takings clause of the Fifth Amendment. The … Continue reading
Shackling Educators to Test Booklets
As Election Day nears, voters are faced with a variety of decisions that will affect aspects of their life from healthcare to education. In Missouri, an amendment to the state constitution that is on the November 4th ballot could have resonating effects on the state education system, teachers and communities. Amendment 3, which would be inserted … Continue reading
Questioning the “Shareholder Solution”
On October 3, the Washington Post ran an opinion piece entitled “A shareholder solution to ‘Citizens United.’” As the title indicates, the article presents a way to control corporate campaign financing permitted by Citizens United. Specifically, the article introduces proposed legislation in Maryland that would require corporations to disclose and subsequently receive support from a “majority” of … Continue reading
Previewing Holt v. Hobbs: Is Hobby Lobby Dispositive?
In an op-ed for The Atlantic, law professor Dawinder S. Sidhu discusses an upcoming case this term, Holt v. Hobbs, which involves the question of whether Arkansas’ Department of Corrections’ grooming regulations violate Holt’s religious freedom. Sidhu asserts that this case should begin and end with Hobby Lobby. Yet, Professor Sidhu ignores one key distinguishing factor: here, unlike … Continue reading
A Good Track Record?
On September 25, 2014, Attorney General Eric Holder announced his resignation. As head of the United States Department of Justice (DOJ), Holder has been extremely proactive, placing the DOJ behind a number of important civil rights issues, including voting rights, immigration, and same sex marriage. His engagement with these issues has earned him both praise … Continue reading
Blurred Lines: A Look at the Modern Executive
The delays in the implementation of the ACA, the scandal at the Department of Veterans Affairs, the new carbon control regulations from the EPA, and the failure to enforce our nation’s immigration laws all have one thing in common: they showcase the consequences of blurring the lines between our branches of government. According to our … Continue reading
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