Posts Tagged constitution

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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People Angry Because Hillary Clinton Won the Popular Vote: Pump the Breaks

It seems a central narrative for a lot of Hillary Clinton’s supporters, even on this blog, is that Donald Trump lost the popular vote and therefore is not legitimately the president-elect. Notwithstanding the legal reality that, for better or worse, the Electoral College is part and parcel to the Supreme Law of the Land (see […]

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Dear Hillary Clinton: “No Fly, No Buy” is Equally Illegal as “Stop-and-Frisk”

During the first 2016 presidential debate a couple of weeks ago, Hillary Clinton chastised Donald Trump on the unconstitutionality of so-called “stop-and-frisk” policies of urban policing (specifically in New York City).  And credit where it is due, she is right – warrantless, unprompted searches conducted upon pedestrians simply because they are in “public” clearly violates […]

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Sheriffs and the Constitution

As United States marshals recently attempted to forcibly evict the occupants of a Carlsbad home and subsequently confiscate that property for punitive auction, Eddy County Sheriff Scott London directly intervened on the owner’s/occupant’s behalf. The issue at hand appears to be an alleged failure to pay federal taxes but court documents reportedly indicate that “the […]

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Congress Legislates Collection of Virtually All Americans’ Communications Under Guise of “Regulation”

The Congress last week passed HR 4681, also known as the Intelligence Authorization Act for Fiscal Year 2015, and has now sent this bill to the president for signature into law. Section 309 contains the following highlights: Sec. 309, (b), (3), (A): The procedures required by paragraph (1) shall apply to any intelligence collection activity […]

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Is Privacy Overrated?

According to Seventh Circuit federal appellate Judge Richard Posner, it is. He writes that privacy in the 21st century, at least in the specific context of public spaces and constantly recording surveillance cameras, is essentially an archaic and indeed dangerous notion. He even broadens this concept by agreeing with former New York City Mayor Michael […]

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District Court Allows Warrantless Camera Surveillance

In direct contradiction to a January 2012 Supreme Court ruling in United States v. Jones (2011), where warrantless electronic surveillance in the form of global positioning system (GPS) technology was correctly deemed a direct violation of the 4th Amendment’s Warrants Clause, a United States District Judge in Wisconsin ruled last week that Drug Enforcement Administration […]

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