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CONSTITUTIONAL INTERPRETATIONS

CONSTITUTIONAL INTERPRETATIONS


  • July 10, 2026

    RE: THE ORIGINAL INTENT OF THE FIRST AMENDMENT

    In National Republican Senatorial Committee v. Federal Election Commission, U.S. Supreme Court Slip Op. of June 30, 2026, the Court invalidated statutory limits on the campaign expenditures of political parties when their spending is coordinated with the campaign expenditures of individual candidates for office. The Court ruled that statutory limits on such “coordinated party/candidate” campaign… Continue reading

    Constitutional Law
    Freedom of Speech
  • July 3, 2026

    RE: Birthright Citizenship

    In Trump v. Barbara, U.S. Sup.Ct. Slip Op. of June 30, 2026, the United States Supreme Court declared that all persons born in the United States are citizens of the United States, excepting only 1) those persons born to diplomatic personnel from other countries, 2) those persons born to armed invaders of the United States,… Continue reading

    Constitutional Law
    Birthright Citizenship
  • June 26, 2026

    RE: More on The Right To Keep and Bear Arms.

    There is something fundamentally wrong with today’s jurisprudence interpreting the Second Amendment to the United States Constitution. Just yesterday, in Wolford v. Lopez, U.S. Sup.Ct. Slip Op. of June 25, 2026, the United States Supreme Court invalidated a Hawaii statute that prohibited the carrying of a gun onto private property “open to the public” without… Continue reading

    Constitutional Law
    The Second Amendment
  • June 25, 2026

    RE: CONSTITUTIONAL RIGHTS (?) OF DELINQUENT TAXPAYERS

    In Pung v. Isabella County, U.S. Sup.Ct. Slip Op. of June 23, 2026, the Supreme Court ruled that the “Just Compensation Clause” of the Fifth Amendment to the United States Constitution required the payment of any surplus proceeds from a foreclosure sale of property to collect a delinquent tax to the owner of the sold… Continue reading

    Constitutional Law
  • June 19, 2026

    RE: GUN RIGHTS FOR MARIJUANA USERS

    A federal statute, 18 U.S.C. § 922(g)(3), has been construed by the federal Justice Department to prohibit a person who regularly and frequently uses marijuana in violation of the law, but without any other illegal misconduct, from keeping a firearm in his or her home. In United States v. Hemani, U.S. Sup.Ct.Slip Op. of June… Continue reading

    Constitutional Law
    Second Amendment
  • June 15, 2026

    RE: TRANSGENDERED ENTRY INTO SCHOOL SPORTS

    West Virginia, like many other states, helps sponsor girls’ sports teams at its schools, and like many other states, West Virginia bars transgender girls (i.e., individuals born as boys, but who now identify as girls[1]) from participating in school-sponsored sports activities for girls. The United States Supreme Court will soon decide whether that kind of… Continue reading

    Constitutional Law
    The Equal Protection Clause
  • June 5, 2026

    TENNESSEE’S ILLEGAL REAPPORTIONMENT

    Operating on the theory that the recent Supreme Court case of Louisiana v Callais (decided April 29, 2026) gives a free pass to state legislatures to engage in partisan “gerrymandering” of Congressional districts regardless of any other laws that govern Congressional district-making, the Tennessee legislature enacted a Congressional map splitting the black majority voting population… Continue reading

    Constitutional Law
    Dilution of Racial Majorities, Fifteenth Amendment
  • May 29, 2026

    GUN RIGHTS VS. PROPERTY RIGHTS

    The United States Supreme Court will soon decide whether the Second Amendment’s “Right to Keep and Bear Arms” includes a gun owner’s right to carry his gun onto private property that is “open to the public,” when the property owner has not given his express permission for anyone to carry a gun there. SeeWolford v.… Continue reading

    Constitutional Law
    Second Amendment
  • May 22, 2026

    “THE ANTI-WEAPONIZATION FUND”

    On May 18, 2026, the Trump Administration announced the formation of the so-called “Anti-Weaponization Fund.” According to the Administration, the so-called “Fund” will distribute public money to people or entities claiming to be a past target or “victim” of “lawfare and weaponization” by government for “improper and unlawful political, personal, or ideological reasons.”[1] Claims will… Continue reading

    Constitutional Law
    Separation of Powers
  • May 14, 2026

    THE REPUNGNANCY OF TENNESSEE’S NEW CONGRESSIONAL DISTRICTS

    On May 8, 2026, the Tennessee General Assembly enacted a law to dilute the collective voting power of the black residents of Tennessee’s Ninth Congressional District. The legislature did so by dividing the District up and then redistributing its divided population into three separate Congressional Districts, each one lying far beyond the Ninth District’s original… Continue reading

    Constitutional Law
    Proportional Representation
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ABOUT THIS SITE

Here, I offer a weekly column on Constitutional Law. My purpose here is to advocate for a complete return to the historical principle that an act by the government that is “repugnant” to the federal Constitution is or else should be “void.” Responsive, but civil, and signed opinions are welcome here and will be published on request.

ABOUT THE WRITER

I am a retired lawyer with forty-two years of experience in civil litigation. I have a Doctor of Jurisprudence degree from the University of Tennessee and a Bachelor of Arts degree from the University of Kentucky. Between schools, I worked full time as a newspaper reporter for the Middlesboro, Kentucky Daily News.

Dan D. Rhea 

  • RE: THE ORIGINAL INTENT OF THE FIRST AMENDMENT
  • RE: Birthright Citizenship
  • RE: More on The Right To Keep and Bear Arms.
  • RE: CONSTITUTIONAL RIGHTS (?) OF DELINQUENT TAXPAYERS
  • RE: GUN RIGHTS FOR MARIJUANA USERS


Recent Posts

  • RE: THE ORIGINAL INTENT OF THE FIRST AMENDMENT
  • RE: Birthright Citizenship
  • RE: More on The Right To Keep and Bear Arms.

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