CONSTITUTIONAL INTERPRETATIONS

  • 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

  • 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

  • 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

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  • RE: A CHARITY’S RIGHT OF DONOR PRIVACY?

    According to the United States Supreme Court, charitable organizations have a Constitutional right, under the First and Fourteenth Amendments, to keep the identities of their donors secret from state investigators, except to the extent that the state can show that the donor information is necessary for law enforcement purposes.[1] Now pending before the Court is… Continue reading

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  • RE: THE RIGHT(?) TO OPPOSE AN LGBT LIFESTYLE

    In an eight-to-one vote, the United States Supreme Court has ruled that state prohibitions of “conversion therapy” addressed to teenage or younger clients by state-licensed mental health professionals are probably unconstitutional. For the purpose of this ruling, “conversion therapy” is counseling intended to discourage homosexuals or transgender individuals from embracing their sexual proclivities. The Court… Continue reading

  • 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

  • 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

  • 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