Constitutional Law
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The Constitution and the DHS Shutdown
The still ongoing shutdown of the federal Department of Homeland Security (“DHS”) (as of April 3, 2026) has presented three significant questions of Constitutional Law. First, is an unbreakable filibuster, by a minority voting bloc of United States Senators, against an appropriations bill passed by the House of Representatives, consistent with the United States Constitution?… Continue reading
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WHAT IS AN “EX POST FACTO” LAW?
A federal statute that authorizes federal courts to issue orders of restitution against criminal defendants for committing a crime before the statute’s enactment is unconstitutional, when so applied, under the Ex Post Facto Law Clause of Article I, Section 9 of the United States Constitution. Ellingburg v. United States, U.S. Sup. Ct. Slip Opinion of… Continue reading
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RE: The SAVE America Act
The President and the House of Representatives want to superimpose citizenship documentation requirements on people who present themselves for voting, or else who present mail-in ballots for counting, on Election Day (November 3, 2026), when every seat in the House is up for election or reelection. To accomplish that feat, the House has passed the… Continue reading
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TRUMP V. SLAUGHTER
In Trump v. Slaughter, U.S. Sup. Ct. docket number 25-332, President Trump is asking the Supreme Court to grant him the authority to fire, without cause, members of the multi-member Federal Trade Commission (the “FTC”). If granted, that authority, combined with his unquestioned authority to appoint FTC members with Senate approval, would give the President… Continue reading
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MR. TRUMP’S WAR
Last weekend, President Trump launched a massive and ongoing military offensive against the nation of Iran. At the time, there was no Declaration of War, nor any other official authorization from Congress to attack Iran. To this day, Congress has not officially authorized any military action against Iran. Prior to President Trump’s attack, Iran had… Continue reading
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RE: TRUMP’S WAR
President Trump has threatened Iran with full scale war unless that country agrees to submit to a total and verifiable surrender of its nuclear weapons capabilities. He has not asked for any approval of his plans from the United States Congress. The federal Constitution does not require that kind of advance approval, but it certainly… Continue reading
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RE: TRUMP’S TARIFFS
And so, the Supreme Court of the United States has finally ruled decisively against President Donald J. Trump. The Court ruled 6-3 today that President Trump’s imposition of tariffs under the International Emergency Economic Powers Act (the “IEEPA”) upon the American importers of goods and services from foreign countries, was not and is not authorized… Continue reading
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The War Against “Illegal Aliens” (Part 4)
A federal statute, 8 U.S.C. §1357(a)(1), authorizes federal immigration officers to briefly detain “any alien or person believed to be an alien,” for the purpose of interrogating him “as to his right to be or to remain in the United States.” At least until very recently, federal immigration officers working under the Department of Homeland… Continue reading
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RE: REMOVING “ILLEGAL” IMMIGRANTS
To accomplish the mass deportation of undocumented immigrants that President Trump wants, federal immigration agents raid sites where they suspect a large number of “illegal” immigrants can be found. At those sites, the agents temporarily stop the individuals found there to ask them if they are citizens. If any individuals fail to assert their citizenship… Continue reading
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RE: SHOOTING A PROTESTOR II
On Saturday, January 17, 2026, a second incident occurred in Minneapolis, Minnesota, where federal agents shot and killed a protester whom they thought was interfering with their efforts to enforce federal immigration laws. This time around, the protester was armed with a handgun when he approached the agents to help other protestors who were engaged… Continue reading
CONSTITUTIONAL INTERPRETATIONS 