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  • Could This Be an Over-Raich Into the States Authority?

    December 5, 2019 by

    Patrick J. Sobkowski wrote yesterday on the application of Gonzalez v. Raich (2005) to my analysis on “in interstate commerce” and Congress’ broad authority to regulate the growth of personal marijuana plants. His writing is available here.             I do not have any concerns about Sobkowski’s analysis, as it is correct. Raich and specifically Scalia’s concurrence, highlights the broad authority Congress… Read more

  • A Review of the Semester: Constitutional Law

    November 27, 2019 by

    Excuse the holes throughout the summary. There may be sections that we covered more in depth than others. We also had a short period of time to cover the last 3 sections so they were a bit rushed. Please enjoy, use it if you’d like, and comment with any helpful tips. I. I have been… Read more

  • Animal Cruelty as Commerce: Is that possible?

    November 26, 2019 by

                In recent news, the White House signed a federal law that makes animal cruelty in “interstate commerce” a felony.              I began by asking, how could this be commerce for purposes of Commerce Clause jurisprudence? The biggest concern was whether this kind of law could be squared with United States v. Morrison (The Court found unconstitutional a law… Read more

  • The Executive: Wears A Vest

    September 27, 2019 by

    Article II of the United States Constitution provides that “all Executive Powers be vested in the President of the United States.” It goes without saying, or so I hope, that these “vested” powers would follow the basic principles of gifting rights to another. It’s hardly a stretch to argue that no inherent powers exist in… Read more

  • Commercial Impact

    September 26, 2019 by

    The Commerce Clause of the United States Constitution is of great importance in establishing the broad powers of the Legislative branch. Despite these broad, expansive, and plenary powers; there are, however, limitations that have been handled in a judicial capacity. As well, the Tenth Amendment provides for some restrictions, when it is attached to the… Read more

  • Misconceptions of Originalism and Other Interpretive Theories.

    August 20, 2019 by

    There are many misconceptions about all theories of interpretation. In no way is my theory, idea, or jurisprudential thought any more important or encompassing in todays day and age, than anyone elses. Enjoy! One of the longest standing misconceptions is that originalism is new. An idea as old as Chief Justice Warren’s reign on the… Read more

  • Chemerisnky’s Case of Originalism.

    August 18, 2019 by

    A Thought: *Most of my writing for this blog over the year will be on topics that I read and have a few questions to think about that I would like to crowd source a response, or start a discussion.*             The case for Originalism as Chemerinsky states it, is arbitrarily applied, and somewhat dumbed down. In… Read more

  • A Thought on Marshall

    August 17, 2019 by

    Understanding Marshall – Just a thought. John Marshall’s start on the Supreme Court and the subsequent decision in Marbury v. Madison, is uncontestedly, one of the most influential decisions in our time. Both brilliant and technically too far. From answering the jurisdictional question, to review of the executive, and moreover, to the invalidation of laws that… Read more

  • Irrational Basis Review

    July 15, 2019 by

    In,Village of Euclid[1]the court readily designed a test that would allow for the land use restrictions of local governments to change, alter, and ideally influence the growth of the city in a manner that pleased the “board.” A law is unconstitutional only if it is “clearly arbitrary and unreasonable, having no substantial relation to the… Read more

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