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
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
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’
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
May 3, 2018 by Dave Bohon This year’s May 3 National Day of Prayer appeared to be a low-key affair across America, with little fanfare or press attention as countless thousands of congregations and faithful knelt to petition God for His continued mercy and blessings over the nation. However, the president himself took the opportunity … More Trump Takes Lead on National Day of Prayer
Associated Press 28 April 2018 by Ian Mason The U.S. Court of Appeals for the Fifth Circuit overturned a lower court on Friday to allow a Texas voter ID law to remain in place in a case that could be a major breakthrough for conservative anti-voter fraud efforts. Judge Edith Jones’s 17-page opinion for the … More Appeals Court Upholds Texas Voter ID Law
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
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
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?
Importance of Free Speech on Campus [Prof. Josh Blackman] This is terrifying. Not only the protest, but the ignorance of these kids toward the rule of law. Regardless of your class or race preferences, the alternative to the rule of law, a truly arbitrary government, is the worst of all worlds.