Category: Constitutional
“Flip ’em the Bird”: Second Circuit Okays Giving Police the Middle Finger
In what will likely cause displeasure and annoyance for many police officers around the country, the United States Court of Appeals for the Second Circuit, in Swartz v. Insogna, held that giving a police officer the middle finger does not provide “reasonable suspicion that criminal activity or a traffic violation [is] afoot.”
The Liberal Case for Ted Cruz on the Supreme Court
As President Obama moves into his second and final term in office on the back of a pretty convincing victory, one way in which he will be able to shape his legacy is through the U.S Supreme Court
A Drug Addicted Pregnancy
When there is substance abuse during pregnancy, should the criminal justice system regulate the conduct of pregnant women?
The Military Commissions Act of 2009: Did Congress Get it Right?
By SAMANTHA C. ARRINGTON – Have you ever considered what rights and protections non-citizens committing crimes in or against the United States have, specifically crimes associated with terrorism?
Were Women Intended to be protected by the Equal Protection Clause?
By TAJANAE MALLETT – Justice Scalia argued that women were never expected to be included under the Equal Protection Clause.
Regents of the University of California v. Bakke Was Wrongly Decided
By VLADIMIR VIAUD – By deciding the case on its merit, the Supreme Court’s ruling in Bakke disregards the original interpretation of the Fourteenth Amendment and took legitimacy away from the Tenth and the Fourteenth Amendments.
ObamaCare: Unconstitutional or Un-Republican?
By CHARLES H. PLETSCHER – Designed to integrate ninety-two individual provisions gradually, ObamaCare will complete its overhaul of the health care industry in 2018. Before the implementation of ObamaCare, over fifty million Americans were uninsured while premiums for family health coverage increased over eighty-seven percent, which is four times faster than general inflation and wages. By 2018, if ObamaCare survives, every American, excluding those exempted for various reasons, will have health insurance coverage. While health care coverage should become more accessible, forced coverage under section 1501 of ObamaCare unconstitutionally deprives individuals the freedom of choosing which interstate markets to enter. Despite the finding of several courts, the individual mandate provision exceeds the bounds of Congress’s Commerce-Clause power, making ObamaCare unconstitutional
