Wednesday, May 16, 2012

Is the Supermajority Requirement for Cloture Constitutional?

Senate Majority Leader Harry Reid wants to abolish the rule that requires 60 votes to achieve the passage of legislation. Manu Raju, Politico, Harry Reid: Reform the FilibusterSome commentators are arguing that the supermajority requirement to bring cloture to a filibuster is inconsistent with the text and the intent of the Constitution.

Tuesday, May 15, 2012

Spring 2012 Constitutional Law II Exam: Freedom of Expression: Statute Prohibiting Bullying

Over the next few days I'll post the questions from my Spring 2012 Constitutional Law II exam. The first one up involves the constitutionality of a Connecticut statute requiring school districts to prohibit bullying at school. I added a criminal penalty and a couple of hypothetical fact situations. What do you think? May this law be constitutionally applied to the children in question?

Monday, May 14, 2012

Thursday, May 10, 2012

Romney's Attack on Fellow Student Not "Hijinks" or "Prank" But Assault

Earlier today the Washington Post reported upon an incident that occurred after spring break in 1965 involving Mitt Romney and John Lauber, a fellow student at Cranbrook School. Romney - who turned 18 on March 12 of that year - organized and led an attack on the other student. This event was burned into the memory of those who witnessed it. Romney claims that he doesn't remember it, but has apologized for any "hijinks" or "pranks" that "may have gone too far."

The Anthony Hargrove Declaration

On April 13, 2012, Anthony Hargrove, former New Orleans Saint defensive end, signed a sworn document informing the NFL that two New Orleans coaches, Gregg Williams and Joe Vitt, told him to deny that there ever was a "bounty" program to injure opposing players, and that he should "play dumb" when interviewed by the NFL.

Wednesday, May 9, 2012

President Obama Announces Support for Marriage Equality for Same-Sex Couples

Rick Klein at ABC News reports that President Barack Obama has announced his support for the right of gay and lesbian couples to be permitted to marry. The President made this announcement in an interview with Robin Roberts of ABC.

Tuesday, May 8, 2012

Would an Executive Order Banning Discrimination on Basis of Sexual Orientation Be Constitutional?

Gay rights groups have strongly criticized President Obama for refusing to issue an Executive Order banning employment discrimination on the basis of sexual orientation by federal contractors. In my opinion, the President could issue an order prohibiting government agencies from discriminating on the basis of sexual orientation. However, I believe that the President lacks the authority to prohibit discriminatory action by private businesses that are under contract with the government.

Sovereignty, Citizenship, and the Right to Vote

The Declaration of Independence sets forth the fundamental principles that this country stands for. All persons are created equal. All persons have certain inalienable rights. And all just powers of government are derived from the consent of the governed. From these premises it follows that every citizen has an equal right to vote. The law must not invade these sacred principles. Unfortunately a number of laws diminish, discourage, or disqualify citizens from voting. These laws violate the fundamental principles of democracy and individual sovereignty.

Saturday, May 5, 2012

Matthew Vines' Biblical Exegesis on Same-Sex Relationships

For a balanced, thoughtful, and gentle analysis of the six biblical passages thought to condemn same-sex relations, please read or view Matthew Vines' The Gay Debate: The Bible and Homosexuality.

Friday, May 4, 2012