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Current Constitutional Issues – Electoral College, Military Draft and the First Amendment

Current Constitutional Issues – Electoral College, Military Draft and the First Amendment

by Sam Ventola | Apr 10, 2019 | Constitutional

The Electoral College, the military draft and the First Amendment – with the increasingly polemic state of our political environment, the parties are looking for new ways to get to their political goals.  One recent dimension of this is the parties’ efforts to...
Stare Decisis – Precedent Is Binding For Thee But Not For Me

Stare Decisis – Precedent Is Binding For Thee But Not For Me

by Sam Ventola | Mar 7, 2019 | Constitutional

As the Senate considered the nomination of Judge Brett Kavanaugh to the Supreme Court, many were concerned that an apparently conservative judge replaced Justice Kennedy, who is considered a centrist “swing vote” on the Court. In particular, they accused Judge...
Was Madonna “Over the Borderline?”

Was Madonna “Over the Borderline?”

by Sam Ventola | Jan 23, 2017 | Constitutional, First Amendment

Threat or Free Speech? At a recent protest march, the singer Madonna made the following statement: “Yes, I have thought an awful lot about blowing up the White House.  But I know that this won’t change anything.”  Some have called for her to be prosecuted for making...
Honor Scalia By Honoring the Constitution in the Supreme Court Nomination Process

Honor Scalia By Honoring the Constitution in the Supreme Court Nomination Process

by Sam Ventola | Feb 14, 2016 | Constitutional

The In-Fighting Begins With the death of Justice Scalia, some Republicans are already committing to a policy of refusing to consider any replacement for the Supreme Court nominated by President Obama, or state that President Obama should not try to nominate anyone....
Honor Scalia By Honoring the Constitution in the Supreme Court Nomination Process

Supreme Court decision is that gay marriage is required by the Constitution

by Sam Ventola | Jun 26, 2015 | Constitutional

Today’s Decision In a 5-4 decision today in Obergefell v. Hodges, (with Scalia, Thomas, Alito and Roberts dissenting), the Supreme Court held that the 14th Amendment’s equal protection clause requires States to recognize gay marriage. The decision is somewhat...

Supreme Court Hands Down Decision Upholding Obamacare – Do the laws mean what they say or what we think they should mean?

by Sam Ventola | Jun 25, 2015 | Constitutional, Litigation

Today’s Ruling In its decision in King v. Burwell, today, the U.S. Supreme Court, by a 6-3 vote, interpreted the Affordable Care Act (“Obamacare”) in the manner requested by the Obama administration. Specifically, the Court held that tax credits are...
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