Category Archives: Current Events

What is a Violation of the Third Amendment?

By admin | Published: July 6, 2013

In an interesting case discussed by the Daily Caller, a family from Henderson, Nevada is suing the local police for violating their Third Amendment protections and right to privacy. By way of review, since the subject is so ubiquitous in today’s plethora of Constitutional litigation, the Third Amendment provides that “No Soldier shall, in time […]

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Supreme Court Narrows Employment Discrimination Claims

By admin | Published: June 25, 2013

In tandem decisions, the Supreme Court constricted Title VII lawsuits against employers. In the first decision (University of Texas Southwestern Medical Center v. Nassar), the Supreme Court ruled that an employee alleging a retaliatory firing must prove that the employer’s discriminatory conduct caused the termination; in the second decision (Vance v. Ball State University), the […]

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Supreme Court Invalidates Section 4 of the Voting Rights Act

By admin | Published: June 25, 2013

Earlier today, the Supreme Court invalidated part of the Voting Rights Act (VRA). Congress renewed the law in 2006, and according to the Supreme Court, used formulas for determining the ratio of minority voter turnout that were outdated by at least 40 years. The decision, while not invalidating the entire VRA, raises serious doubts as […]

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Kent’s Early View on the First Amendment’s Religion Clause

By admin | Published: June 7, 2012

As I was perusing my copy of Kent’s Commentaries on American Law (12th Ed., O.W. Holmes, Jr.), I came across the following statement in the context of his discussion of the First Amendment: The free exercise and enjoyment of religious profession and worship may be considered as one of the absolute rights of individuals, recognized […]

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Always Make Sure to Comply With A Judge’s Order

By admin | Published: April 28, 2012

The prosecution in the Jerry Sandusky criminal case has accused the defense of failing to comply with the Judge’s order relating to subpoenas. The Judge designed his order to keep the identities of Mr. Sandusky’s victims confidential, and the prosecution alleges that the defense is using the subpoenas to get around the gag order, revealing […]

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Faulty Premises

By admin | Published: April 28, 2012

In an example of both bad logic and a faulty premise, Bill Maher tries to distinguishes his demeaning of Sarah Palin from Rush Limbaugh’s demeaning of Sandra Fluke. First, I shall assume that Mr. Maher is unaware of the operational definition of a “public figure.” A public figure is one that injects himself or herself […]

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Contraception Mandate & Religion Liberty Pt. II; The State, The Church, and The Citizen

By admin | Published: March 22, 2012

“A law targeting religious beliefs as such is never permissible.” Religious freedom is as much an integral ingredient in American law and society as sand is an integral ingredient in glass. This country was founded upon the freedom of conscience and the principle that the government would never dictate the exercise of conscience. During the […]

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Free Exercise of Religion, Contraception, and Women’s Health Issues, Pt. 1

By admin | Published: February 21, 2012

The controversy created by President Obama’s Administration over whether the Federal government can require religious institutions to provide their employees with insurance plans covering contraceptives has a significant impact upon our Constitutional Republic. The controversy requires the juxtaposition of “rights” created by the government over the right to free exercise of religion as guaranteed by […]

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