The Study Corner
Double Jeopardy and State and Federal Prosecutions
While doing some research, I came across the oral argument for a supreme Court case called Gamble v. United States. It asked the question: If someone is prosecuted for the same crime in both state and federal courts, does that violate the Fifth Amendment’s protection against double jeopardy? While reading the opinion, I went through…
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The Truth Behind Marbury v. Madison
We’ve all been taught that the supreme Court case Marbury v. Madison established the principal of judicial review. Marshall established the principle of judicial review, i.e., the power to declare a law unconstitutional. Oyez review of Marbury v. Madison Imagine my surprise when I read it and found out that wasn’t what Marshall wrote in the…
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The First Amendment and the Supremacy Clause
I’ve received several questions about the scope of the Bill of Rights, often around ideas that can be summed up in the Incorporation Doctrine. Since here at The Constitution Study we like to take a deep look at the actual language, it’s worth looking at how the First Amendment is different from the others.
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The Constitutionality of National Emergencies
Going all the way back to at least Abraham Lincoln, Presidents have claimed special powers to deal with emergencies. The questions we have here at The Constitution Study are who, if anyone, has the authority to enact these emergency powers and under what situations can they do so?
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What is Freedom of the Press?
In order to understand “Freedom of the Press”, we must define what the press is.
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USMCA and the “Surprise” inside
I remember as a child opening a box of cereal looking for the surprise toy inside. I also remember being disappointed to find a cheap piece of plastic that I ignored about five minutes after opening it. While that surprise was disappointing, it wasn’t until I had opened a few more boxes before I realized…
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Conversations on the Culture
Could part of the problem with a lack of understanding of our Constitution have to do with how teaching it was approached? Could it be that a focus on names and dates was less effective than the stories and reasons behind the document? Could a practical application of Constitutional ideas engage people better than a…
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S. 3775 – Establish an Office of Drug Manufacturing
If you remember the old program “Hee Haw”, you probably remember the line “If it weren’t for bad luck, I’d have no luck at all.”
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