Constitutional Context

Lawyers and laypersons alike can fall into the habit of thinking that, once the Supreme Court rules on the meaning and application of the Constitution, that settles the matter. Sure, we remember President Eisenhower having to send national-guard troops into Little Rock, Arkansas to enforce a school desegregation order.  And we know that some state […]

The tragic school shooting in Parkland, Florida shined a bright spotlight on the fact that 18-, 19- & 20-year olds can buy assault weapons in many states, even though they can’t purchase alcohol and exercise other privileges. Bills to raise the minimum-age for some weapons purchases are being seriously discussed nationally and in many states.  […]

Last month, while many Americans were agonized and outraged over students killed and injured by an automatic-weapon-toting shooter at a Parkland, Florida high school, Supreme Court Justice Clarence Thomas did something only a life-tenured jurist who doesn’t have to run for reelection could do – complain about too much gun control! Thomas’ February 20th statement […]

It’s not unusual that this Supreme Court Term has several cases about First Amendment protection for freedom of speech.   What IS unusual is that not one, not two, but three cases on the docket relate to a specialized, and somewhat obscure corner of Free Speech jurisprudence. I refer to the “Compelled Speech doctrine” – […]

If you followed the news on January 9th — and I KNOW that this podcast’s listeners are very well informed! — you know that Northern-California-based U.S. District Judge William Alsup issued a preliminary injunction ordering the Trump Administration to revive the DACA program (the Obama-era scheme of deferred deportation for the “Dreamers”).  The program was […]

Having devoted both of last month’s podcasts to aspects of “Federalism,” I certainly didn’t plan on returning to the subject so soon. But a podcast committed to how the latest controversies showcase the context behind key constitutional dynamics just can’t pass up the teaching moment afforded by Attorney General Sessions’ recent announcement that the Trump […]

The first Part of this month’s podcast explained the ongoing challenge posed by the Framers’ decision to make “federalism” a key pillar of the constitutional system they pioneered almost 240 years ago.  That podcast noted that, as in many recent-past years, the current Supreme Court Term features a federalism issue prominently on its docket. The […]

Do your ever stop to think about how many of your life activities are affected by laws passed and legal decisions rendered by officials of your STATE government? Whether we’re aware of it or not, it is state law – not national law – that provides the majority of the legal constraints and opportunities we […]

If you’re like most Americans, during the Thanksgiving holidays you made cellphone calls to relatives and friends, sent lots of email good wishes, and accessed websites for Cyber Monday online shopping.  So here’s a question:  While doing that did you think that, by voluntarily disclosing your location, telephone numbers, email addresses and personal financial information […]

Hearing so much discussion about what if any tax bill Congress will pass and how the Administration is affecting tax-policy deliberations reminds me of an eternal verity about the federal judiciary – namely, that Supreme Court justices and lower federal judges do not play a comparably significant or primary role in setting tax policy.  For […]