Not assigning this, just for your information. I think the debate starts around the 20 minute mark.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Monday, November 20, 2017
Barnette vs Amar 2017 Debate on Lochner
Not assigning this, just for your information. I think the debate starts around the 20 minute mark.
Thursday, November 09, 2017
Justice Scalia's Rubber Stamp
Scalia's son, Christopher Scalia, tweeted this picture of his Dad's stamp:
And here is my stamp of the same type:
And here is my stamp of the same type:
Wednesday, November 08, 2017
After Lawrence
Are all classes of consensual sexual conduct protected under Lawrence?
Is prostitution between consenting adults constitutionally protected? Or does exchanging something of value for sex somehow lessen the interest of the consenting adult partners? Notice that the right to use contraceptives includes the right to purchase contraceptives, and the right to abortion includes the right to purchase abortion services.
Should two consenting adults have a constitutional right to exchange sexual intimacy for cash?
About about incest between consenting adults, say between a mother and her adult son?
Is prostitution between consenting adults constitutionally protected? Or does exchanging something of value for sex somehow lessen the interest of the consenting adult partners? Notice that the right to use contraceptives includes the right to purchase contraceptives, and the right to abortion includes the right to purchase abortion services.
Should two consenting adults have a constitutional right to exchange sexual intimacy for cash?
About about incest between consenting adults, say between a mother and her adult son?
Rule of Law vs Rule of Man
Wikipedia defines Rule of Law:
The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials.[2] The phrase can be traced back to 16th century Britain, and in the following century the Scottish theologian Samuel Rutherford used the phrase in his argument against the divine right of kings.[3] The rule of law was further popularized in the 19th century by British jurist A. V. Dicey. The concept, if not the phrase, was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern".[4]
Rule of law implies that every citizen is subject to the law, including law makers themselves. In this sense, it stands in contrast to an autocracy, collective leadership, dictatorship, or oligarchy where the rulers are held above the law. Lack of the rule of law can be found in both democracies and dictatorships, for example because of neglect or ignorance of the law, and the rule of law is more apt to decay if a government has insufficient corrective mechanisms for restoring it. Government based upon the rule of law is called nomocracy.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...