Donald Trump, the leading Republican candidate for President, contends that if a child is born in the United States but the parents are undocumented immigrants, then the child is not a citizen of the United States. Several other Republican candidates for President have jumped on his bandwagon against "birthright citizenship." Are they right?
Wilson Huhn blogs regularly here on on a variety of topics including constitutional law, health care financing reform, income inequality, Abraham Lincoln, and the Civil War.
Thursday, August 20, 2015
Tuesday, August 11, 2015
"Follow the Law": Ohio Judges Must Perform Same-Sex Marriages
On Friday, August 7, the Ohio Supreme Court's Board of Professional Conduct issued an opinion entitled "Judicial Performance of Civil Marriages of Same-Sex Couples." The Board ruled:
A judge who exercises the authority to perform civil marriages may not refuse to perform same-sex marriages while continuing to perform opposite-sex marriages. A judge may not delcine to perform all marriages in order to avoid marrying same-sex couples based on his or personal, moral, or religious beliefs.The Board's opinion is available at http://www.supremecourt.ohio.gov/Boards/BOC/Advisory_Opinions/2015/Op_15-001.pdf.
Sunday, August 9, 2015
Could the IRS Deny Tax-Exempt Status to Religious Schools That Discriminate on the Basis of Sexual Orientation?
No, not at this time. In my opinion, the courts would allow the Internal Revenue Service to deny tax-exempt status to religious schools that discriminate on the basis of sexual orientation only if Congress made such discrimination in education illegal. If Congress does that, then of course no school that engages in acts of illegal discrimination should be entitled to claim tax-exempt status.
Saturday, August 8, 2015
American Exceptionalism: Values, Not Wealth or Power
The concept of "American Exceptionalism" is often misconstrued.
Friday, August 7, 2015
Commonwealth v. Lucas: The Massachusetts Supreme Judicial Court Strikes Down a Law Prohibiting Lying in an Election
The high court of the State of Massachusetts ruled yesterday that people have a constitutional right to lie about candidates for public office.
Why Is Abortion Such a Difficult Issue?
There's a very simple reason. The stakes are tremendous on both sides.
Wednesday, August 5, 2015
If Income Distribution Were Fair, Income Redistribution Wouldn't Be Necessary
Economic conservatives decry the redistribution of wealth through tax and spending programs such as Social Security, Medicare, and the Affordable Care Act, and they have a point. Is it fair to rob Peter to pay Paul? They also believe that hard work should be rewarded, and in this I could not agree more. Hard work should be fairly rewarded. The problem is that they fail to apply these ideals in a consistent and principled manner to our present form of capitalism.
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