Category: Constitutional Law

Final Tally Confirms Clinton Won Popular Vote By 2.8 Million But . . .

495px-Donald_Trump_by_Gage_Skidmore225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropGiven our previous discussion of the rising popularity of the electoral college, the final vote tallies are interesting. They do confirm that Hillary Clinton won the popular vote by 2.8 million. However, it also shows that Clinton lost to Trump by 3 million outside of New York and California. The results will tend to reinforce fears that the abandonment of the Electoral College would hand the outcome of presidential elections to voters in New York and California. Trump however issued signature tweets about how Clinton focused on the wrong states.

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Trump Wins Electoral College After Clinton Loses The Most Defections Of “Faithless Elector”

495px-Donald_Trump_by_Gage_Skidmore225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropThe Clinton supporters have been campaigning hard to convince electors to switch their votes from Donald Trump to Hillary Clinton. It was a remarkably hypocritical stance for Clinton who repeatedly called Trump’s failure to promise to abide by the election results “horrifying” and unAmerican. Clinton maintained that shocked demeanor all the way up to election night when she found herself the loser. She then broke from tradition and refused to concede that night before her supporters. Her campaign then supported challenges in various states and actively sought to convince electors to switch their votes. Well the results are in and it is rather surprising: Of the 10 electors who did not vote for their designated candidate, eight were actually Clinton electors who refused to vote for her. Only two Trump electors switched and neither voted for Clinton.

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Georgia Police Sergeant Sues After Being Terminated For Flying Confederate Flag In Her Backyard

flag28n-2-webThere is an interesting first amendment case filed in Georgia where a police sergeant is contesting his termination after flying the Confederate flag at her home. It is of course perfectly legal to fly a confederate flag and Silvia Cotriss, a 20-year-veteran of the police, said that she was simply celebrating her heritage. However, her neighbors found the flag offensive and complained.

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Italy Moves To Remove The Promise Fidelity As A Condition For Marriage

la-dolce-vita-vintage-style-italian-posterThere is a fascinating new law in Italy that seems a victory for the growing population of polyamorists around the world. Italy may drop the promise for couples to remain faithful in marriage as a commitment that may be viewed as outdated or objectionable by many modern couples who do not view sexual “fidelity” as a precondition for marriage.

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Pagan Priest Wins Right To Wear Horns For Maine Driver’s License Photo

imrsPhelan Moonsong, 56, has achieved something that no pagan or non-pagan has ever achieved before him.  He has been allowed to wear his ceremonial goat horns as a religious garment for his Maine driver’s license.  If anything, they should eliminate any difficulty recognizing the Pagan priest.

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Gallup: Support For Electoral College Surges After 2016 Presidential Election

d46bffd8-7832-4835-895e-9f89680f51aeDemocratic leaders have suddenly discovered that the Electoral College is anti-democratic and have called for its elimination.  I have long been a critic of the Electoral College, though I understand the concerns of those who fear that the loss of the institution would reduce presidential elections to the choice of states like California and New York.  However, the interesting result of this election (where Hillary Clinton won the popular) was a ground swell of calls for the elimination of the Electoral College.  The hue and cry for reform gave hope for critics (despite the obvious opportunism and hypocrisy from some quarters) but a recent Gallup poll indicates that an inverse move has also occurred as many have come to appreciate the counter-majoritarian impact of institution in this election.  The net results appears to be an increase in support for the Electoral College.

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Spain Arrests Five Activists For Burning Picture Of King Felipe VI

felipe_prince_of_asturiaslarge-spain-flagWe have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targeted with such court orders under this expanding and worrisome trend. (here and here). Even politicians have been charged under the ever-widening standard of criminalized speech. Now Spain has made clear that it is committed to the same trend of curtailing free speech. In a moment worthy of Franco, Spanish police arrested five Catalan independence activists for allegedly burning photos of King Felipe VI.  Much like arrests in Russia, destroying or disrespecting the image of the national leader is all that is required in Spain.

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Conservative Dutch Politician Geert Wilders Convicted For Hate Speech

We have previously discussed the increasing criminalization of speech. Dutch far-right politician Geert Wilders has been the focused of another of these past cases, which I have criticized as undermining free speech values. Now Wilders has been convicted of hate speech and inciting racial discrimination for espousing his far right views. One does not have to agree with Wilders — and many vehemently condemn his views — to see the implications of the criminalization of speech in Europe.

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Texas Lawyer Challenges Bar Rules Reserving State Board Positions For Women and Minorities

thThere is an interesting lawsuit out of Texas where a white Austin lawyer has sued to strike down a law that imposes a race and gender quote for the governing board of the State Bar. The law requires that four of the positions be filled by women and racial or ethnic minorities. Family law attorney, Greg Gegenheimer, 38, has challenged the law under the U.S. Constitution and federal anti-discrimination laws. The Project on Fair Representation provided the lawyers assisting Gegenheimer. The Project was involved in Fisher case challenging the admission policies at the University of Texas before the Supreme Court.

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Doctor Fired From Private Hospital After Objecting To Mandatory Prayer Sessions In Turkey

220px-Recep_Tayyip_ErdoganWe have followed the rapid decline of civil liberties under the authoritarian rule of Recep Tayyip Erdoğan in the past few years as well as his empowering of Islamic parties in the once secular state. When Erdogan first ran, he assured Turks that he was committed to the secular traditions and constitution of the country. He then did precisely the opposite in power by chipping away at secular laws, introducing Islamic governing principles, and assuming authoritarian power. After the attempted recent coup, Erdogan has arrested thousands of his opponents. He has suspended civil liberties and shutdown the free media. He has also replaced academics and other professionals with Islamic party stalwarts. Now, we have a chilling story of just how Erdogan’s government has wiped out secular values. Dr. Abuzer Meral, an employee of a private hospital in the Turkish city of Yalova, was fired after merely objecting to mandatory religious studies for children.

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Pakistani Man Murders Wife In “Honor Killing” . . . 15 Years After Killing His First Wife For The Same Reason

We have been following the honor killings around the world where women are beaten and killed for attempting to marry for love or seek education in traditional Muslim countries. The latest murderer is Rahim Dad who can claim to have killed not just one but two wives for “honor.” Dad slit his wife’s throat in Bara Qabristan, Pakistan after an argument.
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A Bill Comes Due For Democrats: The Use of the “Nuclear Option” Will Now Curtail The Powers Of The Democrats In The Senate

gen_james_n_mattisIn 2010, I (and others) criticized the Democratic leadership (including then Majority Leader Harry Reid and many of the continuing Democratic senators) for their use of the “nuclear option” in curtailing the power of the filibuster. I was equally critical of Republican leaders who previously suggested such a course of action. It was remarkably short-sighted and, like so many moves during this period, impulsive. The Democrats acted with little concern that they might ever be in the minority and need this critical power. They muscled through the Affordable Care Act on a marginal vote that cost various members their seats and passed a highly flawed bill that was plagued by problems of bad drafting and poor planning. Moreover, they secured relatively few confirmations to federal office. Now, however, the bill will come due for the Democrats as they long for the minority rights that they so blithely threw away. The first such cost will likely occur in the waiver that will be given to Gen. James N. Mattis who has not satisfied the requisite seven years to pass since retirement in order to become Secretary of Defense.
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Saudi Woman Goes Out In Public Without Islamic Veil . . . Critics Demands Her Execution

nintchdbpict0002862353491-e1480673820788The medieval Islamic system enforced in Saudi Arabia is on display this week after Malak Al Shehri decided to do what most women around the world do without a second’s thought: she went out into public without covering herself up with a veil or hijab. Malak then posted herself on a public street. The result has been volcanic with some supporting her courage but many others calling for her to be beheaded or “thrown to the dogs.” It is a reminder of the plight of women in the Kingdom and other Islamic countries imposing Sharia law.

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Trump Calls For Punishing Those Who Burn The American Flag

495px-Donald_Trump_by_Gage_SkidmoreDonald Trump has set off a new controversy with a signature early morning tweet. Trump lashed out at those who burn American flags and said that they should be punished for their actions. The problem is that this question was already answered by the Supreme Court, which found that such acts (while despicable) are constitutionally protected under the First Amendment to the United States Constitution.

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DEATH OF A DICTATOR: FIDEL CASTRO DEAD AT AGE 90

250px-fidel_castro_-_mats_terminal_washington_1959-1Longtime Cuban leader Fidel Castro is dead at age 90. While many around the world spoke highly of Castro’s success in greatly reducing illiteracy and proving basic services like health care, I have long been critical of his reign and his enablers in the West. Whatever success he achieved, he did so through a brutal dictatorship that denied freedom of speech, freedom of the press, and other basic civil liberties. For those of us who grew up in the 60s and 70s, he was a defining character of our generation. The menace across the border. When we were being taught to shelter under our desks in any nuclear attack, it was his image with that of the Soviet premier that would be flashed across the screen. It was a time of utter madness and mania — on both sides of the Iron Curtain.

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