“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources

July 17, 2018 Federalist Society Review, Volume 19   Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and Consent Clause. The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we publish an article that advocates for … More “Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources

Privacy Prevails: Supreme Court Rules That Warrant Is Required For Cellphone Location Data

June 22, 2018 jonathanturley In a major win for privacy, the Supreme Court has ruled 5-4 in a decision on Friday that police need warrants to gather phone location data as evidence for trials. The decision is a reversal of  the Sixth Circuit Court of Appeals in Carpenter v. United States. Carpenter was implicated in a 2011 robbery … More Privacy Prevails: Supreme Court Rules That Warrant Is Required For Cellphone Location Data

VIDEO Daily Wire Speaks With Sen. Mike Lee About The ‘Due Process Guarantee Act’

June 15, 2018   In 2011, section 1021 was added to the National Defense Authorization Act (NDAA). This text, which features vague language associated with the detention of “covered persons,” set off alarm bells among civil rights watchdogs. Section 1021 reads in part: Affirmation of authority of the Armed Forces of the United States to detain covered … More VIDEO Daily Wire Speaks With Sen. Mike Lee About The ‘Due Process Guarantee Act’

Florida’s “Red-flag” Law Taking Guns Without Due Process

 June 6, 2018 by  Bob Adelmann   After the Marjory Stoneman Douglas High School shooting, it didn’t take long for Florida’s “red-flag” law to be implemented. The Florida legislature enacted the law on March 9, apparently deciding that the ends justified the means, i.e., that judicial processes in place since the founding of the Republic were … More Florida’s “Red-flag” Law Taking Guns Without Due Process

SCOTUS Justices Express Skepticism About Arguments Against Trump Travel Ban

April 27, 2018 by  Warren Mass   As justices of the Supreme Court heard arguments in the case of Trump v. Hawaii on April 25, their line of questioning indicated that the four more conservative members of the High Court, as well as Justice Anthony Kennedy — who is often a “swing vote” — appeared to be sympathetic … More SCOTUS Justices Express Skepticism About Arguments Against Trump Travel Ban

The Bill of Rights is Missing an Amendment – Another Dred Decision By A Lower Court

April 19, 2018 By The Common Constitutionalist   One of greater problems that plague our federal government is that of cross-delegation. What do I mean by this? I describe this phenomenon as such, owing to the fact that three branches of government are no longer “separate but equal.” As we see by the take-over of government by … More The Bill of Rights is Missing an Amendment – Another Dred Decision By A Lower Court

What Does Free Speech Mean?

Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not. The First Amendment states, … More What Does Free Speech Mean?