Category Archives: 14th Amendment

Plenary Power



gettyimages-632238364On Monday, Judge Leonie Brinckema, a Federal Appeals Judge in Virginia, issued an injunction against President Trumps Immigration Executive Orders on the basis that they are in fact, a Muslim Ban.

The Government has argued that the doctrine of Plenary Powers over National Security and Immigration should make the Orders unreviewable. But can such power be given under the Constitution? If the answer is no, then can statements made outside of the Orders by the President and his advisers be taken into account as to the intent of the orders?

If the answer is yes, are we prepared to accept a country where he sitting President has unchecked power which neither the Courts nor Congress can counterbalance?

It’s a Valentines day Tuesday episode of Constitution Thursday!

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Drawn Swords

In all criminal prosecutions, the accused shall enjoy the right to a… trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law….6th Amendment

In Yuba City, a Sikh man is told that he cannot serve as a juror as long as he refuses to remove his kirpan, a symbol of deep meaning and religious devotion to baptized Sikhs. This raises the question: Is there a “right” to serve on a Jury?” Does the need for public safety outweigh religious freedom? And what does it teach us about the jury system?

Supreme Court Opens Today

Today marks the opening of the 2013-2014 US Supreme Court session.

Over the coming weeks I will be writing about some of the major cases to come before the Justices this term but today I thought I’d offer a brief primer on how the Court works as well as offer a quick list of some upcoming cases. Read the rest of this entry

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