Category: Constitutional Law

California Legislators Ask To Form 51st State

Republican Jeff Stone is a member of the Riverside County Board of Supervisors and wants to be a citizen of South California, the 51st state. Stone is part of a movement in thirteen conservative counties to cleave off the conservative part of California into its own state. Of course, that could have a wee problem under the United States Constitution without congressional consent.

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Brown Family Challenges Utah’s Polygamy Law

Today, we filed the complaint below in the challenge to Utah’s criminal polygamy law. I am still in Salt Lake City for the filing. With me today is our local counsel Adam Alba, an outstanding young attorney and one of my former students. As noted earlier, the lawsuit is on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
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Brown Family To File Challenge To The Criminalization of Polygamy In Utah

As reported by The New York Times and National Public Radio, I will be traveling to Salt Lake City today to file (on Wednesday) a challenge to the Utah statute criminalizing bigamy and cohabitation. The lawsuit will be filed on behalf of my clients, the Brown family. The Browns are featured in the TLC program Sister Wives as an openly polygamous family.
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McConnell: Casey Anthony Verdict Shows Terrorist Suspects Should Not Receive Real Trials

Many have objected that the Casey Anthony trial and verdict has displaced attention to every thing from three wars to a growing economic crisis. Now, however, Senate Republican Leader Mitch McConnell has suggested that the impact of the Anthony verdict may extend to national security trials and serve as an excuse to deny terrorism defendants a federal trial. McConnell stated that the verdict shows that we cannot trust our court system in trying terrorism suspects. The clear import is that we should use the widely ridiculed military tribunal system because we cannot risk defendants actually prevailing in court.

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The Interior Of Your Car Is A Public Place

-Submitted by David Drumm (Nal), Guest Blogger

In Indiana, an intoxicated passenger in a car pulled over by police, is guilty of public intoxication.

Indiana code defines public intoxication as being “in a public place or a place of public resort in a state of intoxication caused by . . . use of alcohol . . . .”

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Does Congress Have A Constitutional Obligation To Raise The Debt Ceiling?

-Submitted by David Drumm (Nal), Guest Blogger

Section four of the Fourteenth Amendment, known as the public debt clause, states that “the validity of the public debt of the United States, authorized by law … shall not be questioned.” The clause was included to prevent Southerners or their sympathizers from preventing payments owed to Union soldiers or their widows. However, the language goes beyond the narrow issue of Civil War debts.

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India Health Minister Denounces Homosexuality as “Unnatural Disease” At AIDS Conference

Indian Health Minister Ghulam Nabi Azad shocked the world community at an AIDS conference by describing homosexuality as an “unnatural disease” spreading around the world at an alarming rate. In the world’s least surprising revelation, Azad informed the crowd “There is a substantial number of men having sex with men in our country.”
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Knox Parents Get New Judge In Defamation Case

We previously discussed how the parents of Amanda Knox are being sued by police for objecting to their shoddy investigation. It is an absurd case — one of many such defamation cases in Europe where courts allow lawsuits over comments that would be protected from liability in the United States. Now, the judge in the libel case has resigned due to a conflict of interest, but the police are still going forward with the lawsuit — despite the fact that recent disclosures establish clearly shoddy work by the police.
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Judge Bars Critical Defense Argument in Casey Trial

As the lawyers prepared for final arguments in the capital murder trial of Casey Anthony, Orange County Chief Judge Belvin Perry Jr. hit the defense with a major ruling barring them from making a key argument to the jury: that Casey had been sexually abused. Perry ruled that there was no evidence to support the allegation and therefore defense counsel Jose Baez would be prevented from even mentioning it in his closing.
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Supreme Court Grants Cert In GPS Tracking Case

-Submitted by David Drumm (Nal), Guest Blogger

The case is United States v. Jones which concerns FBI agents who planted a GPS tracking device on Jones’ car and monitored the car’s position every ten seconds for an entire month, without a warrant. A jury found Jones, and co-defendant Maynard, guilty of a single count of conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base.

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Obama Administration Adopts Bush Anti-Medical Marijuana Stance

In yet another merging of Barack Obama with George W. Bush, the Obama Justice Department has declared that it believes that it can (and may) prosecute licensed growers and dispensaries in medical marijuana states for violating federal drug and money-laundering laws. The position came from U.S. Deputy Attorney General James Cole who rejected claims that a 2009 memo by then-Deputy Attorney General David Ogden gave states some protection from prosecution.
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Democrats Raise Constitutional Argument In Favor Of Raising Debt Limit

Democratic members have raised a novel argument under the Fourteenth Amendment that the refusal to raise the debt ceiling is unconstitutional. For full disclosure, I was asked about this argument weeks ago by members who believe that forcing the country to default would be not just catastrophic but unconstitutional. I will be discussing this topic today on CNN and tonight on Countdown.
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Obama: I’ve Made A Decision To Leave The Decision To States On Gay Marriage

For years, we have followed the painful display of Barack Obama trying to deal with same-sex marriage by finding the best political position for himself. Principle has never been part of the equation, of course. The decision whether to stop discrimination against homosexuals is clearly based on what would be the most useful to the President. The result has been rather ugly with Jay Carney prompting laughs with the recent position that the President has been clear that his position is unclear. Now the President has adopted another position tailored for the election.

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Egyptian Telecom Mogul Attacked By Islamic Leaders Over Cartoon of Mickey Mouse With Beard

Egyptian telecom businessman Naguib Sawiris is being sued in various lawsuits for “religious contempt” because of a simple cartoon showing Mickey Mouse with a beard and Minnie Mouse with a veil. Sawiris is a Christian secularist and was making a joke. However, an Islamic group called the Salafis has led a campaign against him for insulting Islam and demands for prosecution.

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