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.

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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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ISIS and War Powers

Recent events in Iraq seem to pose a challenge to a limited view of presidential war powers.  Suppose, the argument runs, a fast moving threat to U.S. national security arises quickly, at a time when Congress is not meeting.  Containing the threat depends on a fast response — but if the President must get Congress’ approval to act, action will come too late.  

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