National ‘Harmony’: An Inter-Branch Constitutional Principle and its Application to Diversity Jurisdiction

Jesse Cross (Independent) has posted National ‘Harmony’: An Inter-Branch Constitutional Principle and its Application to Diversity Jurisdiction (Nebraska Law Review, Vol. 93, p. 501, 2014, Forthcoming) on SSRN. Here is the abstract: Most constitutional interpretation continues, in the words of John Hart Ely, to be “clause-bound” in nature: it presumes that each constitutional clause can be studied…

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Convention of 1787 Debates Scope of Presidential Veto Power

On August 15, 2014, Texas Governor Rick Perry was indicted by a Travis County grand jury for allegedly misusing the veto power granted to him by the state constitution. And on August 15, 1787, it was that very power — the power of the executive to negate acts of the legislature — that occupied the delegates’ time at the Constitutional Convention in Philadelphia.

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Obama Believes the 4th Amendment has a Massive Loophole

According to the federal government, the Fourth Amendment contains a gaping loophole.

In fact, this loophole swallows up every word of the amendment, leaving a blank space in the Bill of Rights where privacy protections once resided.

They call it the “special needs doctrine.” It works likes this: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless the government needs to.

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James Madison: Speaking on the Bill of Rights and the 9th Amendment

On June 8, 1789, James Madison made a statement regarding the introduction of a Bill of Rights, along with the 9th Amendment, which reads: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people Here’s Madison, in his own words: It has been objected also…

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Don’t Trust Congress to Protect the 4th Amendment

While there are indications that there are some positive provisions in the latest incarnation of the USA Freedom Act, it certainly wouldn’t end unconstitutional spying. There are also some troubling issues that make the proposed fixes potentially dangerous. Some analysts think the new version may have a massive loophole – something that even give supporters of the bill pause.

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