Archive for category Constitutional Issues

Why DACA Is (and Was) Unconstitutional

The Deferred Action for Childhood Arrivals (DACA) was an executive policy governing immigration enforcement which then-President Barack Obama signed into effect via executive order in 2012 (later expanded upon in 2014).  This policy protected so-called “Dreamers” from deportation, so named after the special class of alien residents identified in the Development, Relief, and Education for […]

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Scathing Injunction Ordered for California’s “Large-Capacity Magazine” Possession Ban

Although only a temporary victory, in the court case Duncan v. Bacerra (3:17-cv-1017-BEN), Federal Judge Roger Benitez issued an injunction on enforcement of California’s extension of its so-called “large-capacity magazine” (LCM) ban, heretofore otherwise set to go into effect 1 July 2017.  This particular statute, passed by public proposition in 2016, expands upon California’s existing […]

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Rare Free Speech Victory in the Supreme Court

Even rarer, the Court unanimously agreed with a federal appellate court that free speech is “…a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.” The case, Matal v. Tam (No. 15-1293, 2017), centered on a musical band, The Slants, whose band name trademark application was […]

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Statism and Pacifism are Antithetical Principles

By definition, this is fact: Pacifism (ˈpæsɪˌfɪzəm) N  1. (Government, Politics & Diplomacy) the belief that violence of any kind is unjustifiable and that one should not participate in war (emphasis added) Statism (ˈsteɪtɪzəm) N  (Government, Politics & Diplomacy) the theory or practice of concentrating economic and political power in the state, resulting in a […]

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Alabama Getting Out of the Marriage Business?

Or, more accurately, it appears Alabama may be getting out of the business of violently regulating marriage.  Alabama Senate Bill 20 passed a key procedural hurdle last week, receiving a 9-0 vote from the state’s Senate Judiciary Committee on 23 February.  The bill now moves before the full state Senate. This legislation would effectively nullify […]

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No More Nation Building

Nation Building The practice in which a foreign military force occupies a country to build infrastructure (such as roads and schools) and/or to protect the local government until it becomes stable. Nation building is highly controversial. Proponents argue that it stabilizes nascent democracies and protects local citizens, while critics contend that it is an unnecessary […]

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The DoD Finally Recognizes the Absurdity of “Gun-Free Zones”

In an interesting pre-Trump move, the Department of Defense (DoD) has notionally rescinded the so-called “gun-free zone” restrictions for military installations which have effectively, and ironically, made them soft targets in the recent past. Many pro-Second Amendment groups and individuals have called on the president-elect to take such a policy action upon assuming office in […]

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