Category Archives: Judicial Review

Trump and the Judges

Late last week, the Ninth Circuit Court of Appeals struck a major blow to President Trump’s immigration agenda when they upheld a suspension of his controversial travel ban. Since the ruling, President Trump made his views widely known, calling the … Continue reading

Posted in Constitutional Interpretation, Democracy, Judicial Review | Tagged , , , | 5 Comments

To Sign, or Not to Sign

In Constitutional Faith, Dr. Sanford Levinson poses a question to the reader that asks whether or not the reader would sign the current Constitution of the United States and the United States Constitution of 1787. This question forced me to … Continue reading

Posted in Constitutional Interpretation, Judicial Review, Levinson, Supreme Court and Social Reform | Tagged , , , , , , | Leave a comment

McCutcheon is Bad, But for Different Reasons

To say “money isn’t speech,” is like saying “guns don’t kill people, people do.” Paraphrasing comedian Eddie Izzard, it isn’t, but is sure does help. Money lets you amplify your speech, present your speech on different mediums, hire people to help you … Continue reading

Posted in Constitutional Interpretation, Democracy, Judicial Review, Rights, The Democratic Wish, Uncategorized | Tagged , , , , , | 2 Comments

Free Exercise Clause is No Defense Say Courts (but some descrimination should be allowed, maybe?)

Since both the New Mexico wedding photographer and the Colorado wedding cake cases said to be the impetus behind SB 1062 have both been decided in court, perhaps the decisions might prove instructive to our discussions. The decisions for Craig … Continue reading

Posted in Constitutional Interpretation, Democracy, Judicial Review, Law and Difference, Rights, Uncategorized | Tagged , , , , , , | Leave a comment

The Least of These: A Tale of Judicial Power

One lonely night while pondering upon our great American democracy, I decided, at the behest of my GPA, to read a portion of the Federalist and Antifederalist Papers.  Rather than defaulting the authors for their rather dry, dispassionate arguments – carried … Continue reading

Posted in Alexander Hamilton, Antifederalists, Capital Punishment, Democracy, Federalists, Judicial Review | 6 Comments

Flashing Your Headlights is Protected Speech

(When you see it…. Image adapted from a photo by Ildar Sagdejev via Wikimedia Commons) One aspect I briefly touched upon in my post last week in the comments was the possible chilling effects on free speech if people know … Continue reading

Posted in Constitutional Interpretation, Judicial Review, Uncategorized | Tagged , , , , , , , , | 12 Comments