Florida is continuing its struggle against the separation of church and state with a new promotion of religion: special license plates for the faithful. The legislature is considering a plate featuring a Christian cross, a stained-glass church window and the words “I Believe.” The sponsor of this unconstitutional measure is Rep. Edward Bullard who sees absolutely no difference between vanity plates and divinity plates. This is no doubt an effort to close the license gap with Iran, which has a “Honk if You Love Allah” plate. Continue reading “Honk, If You Love Jesus: Florida Extends State Advancement of Religion to License Plates”
Category: Constitutional Law
Last week, the Senate took an unprecedented step asking the Justice Department to investigate the possible criminal conduct of a House member. The subject of this ignoble moment is Rep. Don Young. For many, it was a well-earned distinction for Young, who is often cited as the face of earmark corruption. However, this is different. Young is accused of effectively stealing millions of dollars for a campaign contributor by changing the words of an appropriations bill after it was passed by his colleagues. Continue reading “Fraud by Write-Out? Don Young’s Extra Ordinary Earmark”
The Ninth Circuit Court of Appeals ruled this week that border agents can search a person’s laptop without either probable cause or reasonable suspicion. In a sweeping decision that reversed the trial judge, Judge Diarmuid O’Scannlain and two other judges found no distinction in a search of luggage and actually reviewing the contents of a computer under the Fourth Amendment. The ruling went against Michael Arnold, who was arrested at the Los Angeles International Airport with child pornography. Continue reading “Ninth Circuit Rules that Borders Agents Can Search Computers Without Either Probable Cause or Reasonable Suspicion”
As Hillary Clinton is being criticized for running a commercial against Barach Obama featuring Osama Bin Laden, a church in South Carolina has put up a sign “Obama, Osama, hmmm, are they brothers?” It is only the latest intervention of a church in the election in violation of federal law and perhaps the most moronic. Pastor Roger Byrd of the Jonesville Church of God insists that he will not take down the sign, which is less of a problem. It is the tax-supported church behind the sign that need to be changed. Continue reading “Osama and Obama: Church Fuels Obama Muslim Rumors”
State officials have begun giving DNA tests to 400 children. The testing is intended to help determine their parents and relatives — though it could become part of a criminal case raising some interesting issues. Continue reading “DNA Testing Begins on Polygamous Sect”
Rozita Swinton has been arrested in Colorado Springs in a reported connection to the call that alleged abuse at the Yearning for Zion Ranch in Eldorado, Texas. The arrest further supports the concern that the original raid might have been based on a false call. Yet, even if probable cause is questioned, it will not likely help the parents who have lost their children in the Fundamentalist Church of Jesus Christ of Latter Day Saints. Continue reading “Woman Arrested on False Reporting Charges in Colorado Springs — Tied to Polygamy Case in Texas”
A federal judge In New Orleans has ruled that the city of Slidell must take down a portrait of Jesus on the wall at Slidell City Court. While the damages are nominal, the city will now pay legal fees and costs for an obviously unconstitutional act and attack on the principle of separation of church and state. Judge Jim Lamz helped bring about this loss by refusing to order the portrait removed. While it has been a few years since I lived in Louisiana, Slidell did not seem like a city with money to burn. Yet, it seems willing to waste money not only on this litigation but the salaries of the attorneys who told them that they could get away with this obvious violation. Continue reading “Jesus Has Left the Building: Courthouse Loses Fight Over Portrait of Jesus”
The Supreme Court has handed down the much anticipated ruling over Kentucky’s use of lethal injection. In a fractured decision, the Court upheld the ruling for the state. Chief Justice Roberts wrote the decision, though his actual decision only garnered three votes. In the fractured opinions below, the majority agreed only in the result. two justices dissented: Ruth Bader Ginsburg and David Souter. Continue reading “Supreme Court Upholds Lethal Injection”
Israel is in the midst of an interesting struggle over separation of temple and state. An Israeli court ruled that stores could sell bread and religiously forbidden foods during Passover. This has led to an uproar in the Knesset over its authority to dictate such religious-based practices. It is a debate and has elements of an early debate in the United States over the role of Congress on constitutional questions. Continue reading “Separation of Temple and State: Special Session of the Knesset Called Over Passover Food Controversy”
Bigamy cases remain relatively rare in the country with only a handful brought each year across the country. Yet, Kevin Michael Taylor, 31, and Sammantha Michelle Bailey, 21, have joined that ignoble roster of with a double bigamy charge. It appears that everything in Double T Trial, North Carolina is . . . well . . . double. Both husband and wife were allegedly married to other people. With the polygamy case unfolding in San Angelo, Texas, it is another example of our struggle with plural marriages. Continue reading “North Carolina Couple Charged With Bigamy”
An interesting case is being heard in New York over the scope of protections afforded authors in the use of their work. Harry Potter author J.K. Rowling has sued Steven Vander Ark and RDR Books, the publisher of the Harry Potter encyclopedia for copyright infringement. Continue reading “Petrificus Totalus: Rowling Goes to Court to Stop Harry Potter Encylcopedia”
It is the rage on the blogs: the argument that the Constitution only refers to “he” and “his” and thus does not provide for a female president — absent an amendment changing the masculine pronouns. Douglas Wallace, 80, has taken this parlor trivia to a new level by filing to block Hillary Clinton from the Nevada ballot. Continue reading “Presidential Pronouns: Is Hillary Barred From Taking Office as a Female?”
Jose Merced, a Santeria Oba or priest, has appealed his challenge to a city ban on animal slaughtering in the home as a violation of his free exercise rights under the First Amendment. At issue is the refusal of the city of Euless, Texas to allow his religious practice. Continue reading “Fifth Circuit to Review Santeria Animal Slaughter Case”
Hillary Clinton’s superdelegate strategy has highlighted the flaws in our electoral college system — and the need to finally embrace democracy in its truest form in the selection of the President of the United States. The column below explores the controversy.
Continue reading “De-Accrediting the Electoral College: The Real Costs of a Constitutional Relic”
There is a controversy brewing over at Wikipedia. Someone at the office of the Army Deputy Chief of Staff for Intelligence appears to have edited out an article about Major Alan Rogers, who died serving this country in Iraq. The Pentagon editor apparently objected to the recognition of the fact that Rogers was not only a hero, but gay. Continue reading “Pentagon Accused of Editing Out Wikipedia Reference to Solider’s Sexual Orientation”