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H.J.Res.7 – Constitutional Amendment to Abolish the Electoral College

As I review H.J.Res.7 – Proposing an amendment to the Constitution of the United States to abolish the electoral college, I want to thank Rep Steve Cohen from Tennessee’s 9th district. If the people who hired him to represent them want to abolish the electoral college, the only proper way to do it is through…

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Weyerhaeuser Co. v. U.S. Fish & Wildlife Service

One of the things we often complain about here at The Constitution Study is Congress’ penchant for abdicating its lawmaking responsibility in favor of executive rules and regulations, and the abuses of the administrative state.  In this article we’ll review one of the few cases I’ve found where the supreme Court looked at the law…

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Brandon Masin and the Effects of Red Flag Laws

While Texas does not have a Red Flag law, this is what can happen when the legal theory behind those laws go into effect.  We should all thank Brandon Masin for standing up for his rights and, by extension, the rights of all Texans and all Americans. In short, possibly because Mr. Masin knows his…

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Incorporation Insanity

Many sports have what they call a “silly season”, a period of time when rumors fly and it seems the news is full of silly stories.  I’ve come to think that any time the supreme Court is in session is my silly season.  That’s because it seems just when I think I’ve found the silliest…

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The Incorporation Doctrine

You may have heard in the news about Timbs v. Indiana, where Mr. Timbs is claiming that the forfeiture of his vehicle as part of a drug sales case constituted an excessive fine prohibited by the Eighth Amendment.  What makes this interesting from a constitutional point of view is the argument that the Eight Amendment is…

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Red Flag Laws

Red Flag laws are promoted as a way to help prevent mass shootings.  Putting aside the numerous times “red flags” have been ignored and the evidence that barring someone from legal access to firearms is but a speed bump to someone willing to kill, let us focus on the constitutional issues many of these laws…

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What you need to know about the left’s outrage from a constitutional standpoint.

It seems to me like there’s a group of people who, whenever they don’t get their way, start throwing temper tantrums and demanding things change so they will win.  Call them leftists, progressives, or anything you want, but you know the people I’m talking about.  After they lost the presidential election in 2016 they called…

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CNN’s Restraining Order and the Constitution

There have been numerous media reports about the lawsuit CNN brought against the Trump administration’s suspension of Jim Acosta’ press pass and the temporary restraining order issued by U.S. District Judge Timothy J. Kelly to reinstate it.  While I could not find a copy of the judge’s order, it’s pretty easy to determine the constitutionality…

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