• The Ninth Amendment & Unenumerated Rights
    Articles,  Blog

    The Ninth Amendment & Unenumerated Rights

    ♪♪Music♪♪ This lecture is entitled, entitled bottom of the 9th. What I want to do in this lecture is talk about the 9th amendment of the Constitution. The last substantive rights based amendment in what we call collectively the Bill of Rights. The 9th amendment in the words of the eminent Jack Rakove is a joker that’s never been played. It’s a card that’s never been played in a hand in Constitutional law in any meaningful way in American Constitutional history though some Justices have used the amendment to justify their opinion; it has never been the basis of a majority therefore binding precedent of American Constitutional law. But it’s…

  • Articles

    The Ninth Amendment & Unenumerated Rights

    ♪♪Music♪♪ This lecture is entitled, entitled bottom of the 9th. What I want to do in this lecture is talk about the 9th amendment of the Constitution. The last substantive rights based amendment in what we call collectively the Bill of Rights. The 9th amendment in the words of the eminent Jack Rakove is a joker that’s never been played. It’s a card that’s never been played in a hand in Constitutional law in any meaningful way in American Constitutional history though some Justices have used the amendment to justify their opinion; it has never been the basis of a majority therefore binding precedent of American Constitutional law. But it’s…

  • Articles

    The Ninth Amendment & Unenumerated Rights

    ♪♪Music♪♪ This lecture is entitled, entitled bottom of the 9th. What I want to do in this lecture is talk about the 9th amendment of the Constitution. The last substantive rights based amendment in what we call collectively the Bill of Rights. The 9th amendment in the words of the eminent Jack Rakove is a joker that’s never been played. It’s a card that’s never been played in a hand in Constitutional law in any meaningful way in American Constitutional history though some Justices have used the amendment to justify their opinion; it has never been the basis of a majority therefore binding precedent of American Constitutional law. But it’s…

  • Interpreting the Constitution in Modern Day America
    Articles,  Blog

    Interpreting the Constitution in Modern Day America

    ♪♪Music♪♪ So here’s the set up. In Marbury vs. Madison the Supreme Court claimed the power of judicial review, which is to say, take the text of the constitution, read the words of the constitution and interpret them as they would a law and if they found that an act of the legislature, state or national, as in the case of Marbury, violated the constitution or exceeded the scope of power was enacted in and outside the scope of power of the enacting body, then they could invalidate it. Say the statute is unenforceable, that statutes void, it’s unconstitutional is what they would say. So that’s a pretty, it’s a…

  • The Ninth Amendment & Unenumerated Rights
    Articles

    The Ninth Amendment & Unenumerated Rights

    ♪♪Music♪♪ This lecture is entitled, entitled bottom of the 9th. What I want to do in this lecture is talk about the 9th amendment of the Constitution. The last substantive rights based amendment in what we call collectively the Bill of Rights. The 9th amendment in the words of the eminent Jack Rakove is a joker that’s never been played. It’s a card that’s never been played in a hand in Constitutional law in any meaningful way in American Constitutional history though some Justices have used the amendment to justify their opinion; it has never been the basis of a majority therefore binding precedent of American Constitutional law. But it’s…

  • Interpreting the Constitution: A Living Document?
    Articles,  Blog

    Interpreting the Constitution: A Living Document?

    ♪♪Music♪♪ During this lecture I want to talk about the living constitution. In our previous lecture we talked about originalism. This is the main alternative to originalism. The notion that the constitution is a dynamic document that has the potential to change over time and that is something they think is, is true just because it’s true, but that they also imagined and hoped it would change over time to reflect changing conditions, changing circumstances whether they be social or economic in nature. And like with originalism, there are two different ways we can begin to understand where this notion comes from. Why would somebody come up with this idea…

  • Examining Lesser Known, Seldom Used Amendments
    Articles,  Blog

    Examining Lesser Known, Seldom Used Amendments

    ♪♪Music♪♪ Some Constitutional clauses dominate the American polity, indeed the recent decision concerning Obamacare, the affordable patient protection affordable care act featured non-stop soliloquies on the Commerce clause, the taxing powers and the general power of the national government versus the power of states. Similarly the 2nd amendment in recent years has reared its head again and of course continuing discussion gender, racial, sexual equality might lead us to believe that there are only a few important clauses in the Constitution or a few operative clauses in the Constitution. But we don’t have to look very closely at the document to see that there are a few other kinds of…

  • Incorporation: The Bill of Rights & the States
    Articles,  Blog

    Incorporation: The Bill of Rights & the States

    ♪ MUSIC ♪ I’m gonna talk today, our first round, about a fairly complex issue, but one that I hope you’ll find interesting. It’s the doctrine of incorporation. I’m gonna set the stage with a story; we’re gonna back in time, pre-Civil War, John Marshall is Chief Justice of the United States, and a guy in Baltimore named John Barron who has an interest, an economic interest, in a wharf. Baltimore’s a major, major port city in the United States, still is, but was of even greater significance in the 1830s. And the city of Baltimore… So the wharf is a big business, but the city of Baltimore is growing…

  • Equal Protection: How Does It Work?
    Articles,  Blog

    Equal Protection: How Does It Work?

    ♪♪Music♪♪ We’re going to talk now about the equal protection clause. The equal protection clause first appears in the Constitution in the 14th amendment, which is one of the three amendments passed in the immediate aftermath of the Civil War. We call those the Civil War reconstruction amendments and what the equal protection clause says, it’s in section 1 of amendment 14 is no state shall and I’m paraphrasing there. Here’s the quote “deny to any person within its jurisdiction the equal protection of the laws.” Now that’s one of those general expressions with which it would be hard to disagree, also hard to know exactly what that was intended…