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CONSTITUTIONAL INTERPRETATIONS

CONSTITUTIONAL INTERPRETATIONS


  • 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
  • May 8, 2026

    PARTISAN GERRYMANDERING OF CONGRESSIONAL DISTRICTS

    Hidden beneath the veneer of the Supreme Court’s recent redistricting case, Louisiana v. Callais, Sup.Ct. Slip Opinion of April 29, 2026, lies a pernicious heresy of Constitutional Law. In an earlier redistricting case, the Republican controlled state legislature of Texas redrew that state’s Congressional districts in an admitted effort to win more Republican seats in… Continue reading

    Constitutional Law
    Good Faith Redistricting
  • May 1, 2026

    RE: STATUTES REPUGNANT TO THE CONSTITUTION

    I live in East Tennessee, where Republican voters have predominated elections since the Civil War. That means that many officials in East Tennessee are elected in the Republican primary election, because the Democrats frequently do not offer any candidates in their primary elections. The situation was reversed where, and when, I grew up in Kentucky.… Continue reading

    Constitutional Law
    Tennessee Primary Elections
  • April 24, 2026

    RE: ARRESTS WITHOUT WARRANTS

    In District of Columbia v. R.W., Sup.Ct.Slip Op. of April 20, 2026, the Supreme Court of the United States reaffirmed its interpretation of the Fourth Amendment to the United States Constitution that a police officer may temporarily arrest a person without an arrest warrant, if the officer has a “reasonable suspicion,” based upon the “totality… Continue reading

    Constitutional Law
    Fourth Amendment, Searches and Seizures
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ABOUT THIS SITE

In the case of Marbury v. Madison, Vol.5 U.S. Reports, p.137 (1803), the United States Supreme Court ruled that “a law repugnant to the constitution is void.” 5 U.S. at p.180. The Court based that ruling on arguments made by one of the original Constitution’s draftsmen, Alexander Hamilton, in Federalist Paper No.78  (published in 1788). Hamilton argued that the document he was then promoting to become the federal “Constitution” would require the “courts” . . . “to declare all acts contrary to the manifest tenor of the Constitution void.” In other words, Hamilton, and later the Supreme Court  argued that whenever the text or the purpose of an ordinary statute irreconcilably contradicts the text or opposes the clear purpose of the Constitution, the Constitution must prevail and the subordinate statute must be declared void. Today, the Supreme Court no longer follows these original standards for the judicial review of the validity of statutory enactments. At this site, I offer my understanding of how they should apply to modern issues of Constitutional Law. Supporting and opposing comments are welcome here, as long as they are relevant and civil.

Dan D. Rhea 

  • RE: Illegal Gerrymandering
  • RE: The Right to Sue States for Interference With Parenting Children With Gender Dysphoria
  • RE: Capturing “Aliens”
  • RE: Follow-up On The New Round of Tariffs
  • RE: A New Round of Tariffs


Recent Posts

  • RE: Illegal Gerrymandering
  • RE: The Right to Sue States for Interference With Parenting Children With Gender Dysphoria
  • RE: Capturing “Aliens”

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