What I’m reading right now, continued: William Baude “Signing Unconstitutional Laws” 86 Ind. L. J. (forthcoming 2011). Recently, I’ve heard a lot of talk, primarily from the Tea Party wing of the political right, about how law makers should not pass into law legislation that is unconstitutional. I know of at least one candidate who made […]
Ben Lusty, on Congressional education policy
August 20, 2010 by
My good friend Ben Lusty published a piece on Congressional use of it’s funding power to influence education policy in the states. Because I feel like the tension between the states and federal government merits scrutiny, especially when money is at issue, I have reprinted Ben’s piece here with his permission. Congress’ education bailout is bad […]
Democracy and Judiciary: at odds over Proposition 8
August 17, 2010 by
Image by riacale via Flickr One of the interesting points about American government is the balance in the federal constitution between democratic and non-democratic institutions. It is, as was intended, a series of checks and balances on the power of too much democracy. The Congress, the most democratic of the countries institutions at the federal […]
Kagan sworn-in; Scalia trips but ok
August 9, 2010 by
Elena Kagan was sworn-in as fourth woman to sit on the US Supreme Court, today, and the third currently seated female justice. And Antonin Scalia tripped, but is ok…in case you were wondering. Related articles by Zemanta Justice Elena Kagan Sworn in Today (lezgetreal.com) Kagan sworn in as fourth woman on Supreme Court (seattletimes.nwsource.com) […]
Immigration Debate: Federal or state purview?
August 9, 2010 by
Image by Renegade98 via Flickr Recently, the local Deseret News has seen debate on its opinion page, and carried over in the Facebook-sphere, on the immigration issue, especially as it relates to whether immigration policy is the purview of states or the federal government, and in many respects, it returns to Constitutional interpretation by the […]
Prop 8 appeal is in
August 6, 2010 by
Happening today on the left coast: Judge Walker’s Proposition 8 decision was appealed. The backers of California’s Proposition 8 ban on same-sex marriage have started their appeal to the Ninth Circuit Court of the trial judge’s ruling nullifying that ban under the federal Constitution. The notice of appeal was filed right after the ruling was […]
Getting educated on immigration
August 6, 2010 by
Immigration has become a hot topic. A hot topic at dinner, a hot topic on the news and in the opinion pages, a hot topic at the water cooler, and a hot topic for the voting public. Bloggers and talking heads are having a hay-day with it, and there’s no shortage of opinions out there, […]
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