The Constitution and Just War

As President Obama authorizes US airstrikes in Iraq and future strikes anticipated for Syria, it’s important to first ask whether or not the Constitution is being followed. The invasion in Iraq and Afghanistan, and drone strikes in multiple other countries has increased terrorism through blowback. Destabilized areas have become a hot bed for violent extremism.…

Details

Matthew Lyon: The Sedition Act’s First Victim

The freedom of speech is one of the most fundamental rights we possess.  This basic natural right is not contingent upon laws or social traditions.  Essentially, it is nothing short of inalienable and universal between all peoples at all times.  However, in practice, it seldom observed as such.  From the early Tolerance Act of 1689 to current “Free Speech Zones” across American universities, men have tried to quell this freedom.

Details

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…

Details

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.

Details

Thomas Jefferson on the General Welfare Clause

NOTE: In this letter to Albert Gallatin dated June 16, 1817, Thomas Jefferson discussed the General Welfare Clause after President Monroe had vetoed a bill for the improvement of the Cumberland Road. Monroe did not believe the work fell within the scope of the Clause. 

Details