I wanted to get into the habit of analyzing constitutional Supreme Court cases on this blog, as I have done in the past, for a couple of reasons: (1) it interests me; and (2) as part of my job, it has fallen upon me to write — once a year — a summary of leading constitutional law cases for use … Read More
Unfurl Those Flags: Newdow’s Back!
Michael Newdow is back in the news. You may remember him as the guy who challenged the constitutionality of the Pledge of Allegiance, arguing that it compelled his daughter to invoke a religious incantation ("under God"). Even though he won in the lower courts, he ultimately lost in the Supreme Court, but only on the issue of standing (since he … Read More
Fourth Circuit And Invocation Of Jesus
A few months ago, I blogged about a Fourth Circuit opinion which ruled against a woman who challenged her local government’s practice of beginning meetings with an invocation of a monotheistic God. The Fourth Circuit stupidly said that the practice did not violate the Establishment Clause because, to put it bluntly, only monotheism is protected by the Establishment Clause. (I … Read More
Supreme Court Rules On Ten Commandments
BREAKING NEWS: The U.S. Supreme Court ruled that Ten Commandment displays are not permissible in courthouses. Well, that’s what the headlines are screaming at the moment. The devil, as they say, is in the details. For example, is the Decalogue permissible if it is part of a larger display about the origins of law? UPDATE No. 1: Decision was 5-4, … Read More
Supremes Harsh Our Mellow
The case is Gonzales v. Raich (PDF format), better known as the medical marijuana case. The Supreme Court ruled, 6-3, that the federal government can (in effect) outlaw medical marijuana use despite the fact that some states (ten of them) have made it legal. What the case is about is federalism and the Commerce Clause of the U.S. Constitution. For … Read More
Supreme Court Gets It Right
As if on cue in the wake of the Koran desecration debate, the Supreme Court—unanimously—talks about religion and prisoners in this recent ruling: The Supreme Court ruled unanimously on Tuesday that a new federal law requiring prison officials to meet inmates’ religious needs is a permissible accommodation of religion that does not violate the separation of church and state. The … Read More
James Madison on Schiavo
"Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. … The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and … Read More
SCOTUS Punts The Pledge Issue
Court dismisses Pledge of Allegiance suitJustices sidestep church-state issue in tossing atheist’s case Read more here. The opinion is not available yet, but it will be interesting to see what, if anything, the justices said about the merits of Newdow’s case. Apparently, Rehnquist wrote about it, but his views were already pretty well-known.
What’s Wrong With The Iraqi “Constitution”
According to the people at Gun Owners of America, the Iraqi interim constitution is flawed because it omits the right to keep and bear arms. Look, I’m more pro-Second Amendment than many of my liberal colleagues, but a bad idea is a bad idea. And freedom to have guns in Iraq is a bad idea. Yes, the report is in … Read More
Gary Bauer Prefers Unbridled (get it?) Gay Promiscuity
Gary Bauer, in explaining his opposition to gay marriages, gives this as one of the reasons why states should ban it: More importantly, however, the government has an obligation to promote public policy that is best for the general welfare and to discriminate against behaviors that adversely impact society and public health. Tobacco use is heavily regulated by the state … Read More
Thought Experiment
On a particular listserv I follow, the following wonderful questions were posed: (1) Is it fair to say that all single adults have a fundamental right to marry? (2) If so, do biologically transgendered folks (those that have mixed genders — not those that opt to surgically or hormonally change their gender) have a right to marry? (3) If so, … Read More
Supremes Get It Right
Court rejects tax-funded religious scholarships The Supreme Court, in a new rendering on separation of church and state, voted Wednesday to let states withhold scholarships from students studying theology. The court’s 7-2 ruling held that the state of Washington was within its rights to deny a taxpayer-funded scholarship to a college student who was studying to be a minister. That … Read More
Privileges and Benefits of Marriage
It has been suggested by some that what gays want is the "psychic benefit of being able to say they are married." How wrong. Here is a short list of benefits and privileges that come with marriage, from the government and from businesses. [Note that if gay marriages are legally recognized, businesses will not be able to discriminate against them … Read More
President Confused
As reported here and elsewhere, Bush is finally going to announce his support for the Constitutional amendment banning gay marriage. McClellan, briefing reporters at the White House, said the president wants to end "growing confusion" that has arisen from court decisions in Massachusetts, and San Francisco’s permitting more than 3,000 same sex unions. "The president believes it is important to … Read More
What Are We Talking About Here?
This is the proposed amendment banning gay marriages: Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups. Personally, … Read More