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9 Feb 2016, 12:04 pm by Stephen Griffin
  However, if this was not the case and the amendment somehow passed, it would inevitably be undermined by societal opposition. [read post]
13 Mar 2018, 10:22 am by Sandy Levinson
In Federalist 8, Publius (in that case Alexander Hamilton) warns that failure to ratify the Constitution would lead to the almost inevitable breakup of the fragile United States (under the Articles of Confederation) and the creation of two or three independent countries. [read post]
10 Nov 2009, 2:39 am
 As the court notes in those cases, a jail sentence can be part of community control sanctions. [read post]
23 Aug 2019, 12:15 pm
  Hypocrisy often produces irony, and that is true here: A legal principle was established to protect confederate soldiers for the massacres of civilian children and men. [read post]
25 Dec 2012, 9:01 pm by Michael C. Dorf
In introducing the somewhat ad hoc list that I quoted above, Justice Scalia simply noted that historically, the right to possess firearms had been subject to regulation, including prohibition of concealed weapons. [read post]
14 Nov 2017, 4:13 am by Edith Roberts
At Bloomberg, Greg Stohr notes that after the grants, all of which raise free-speech issues, “the nine-month term now features six cases, out of 44 total, that turn on the reach of the Constitution’s free speech guarantee. [read post]
23 Mar 2016, 1:19 pm by Kevin
” It’s a nice song, it’s just that it was originally a Confederate anthem and includes the line, “Huzza! [read post]
16 Jan 2024, 5:45 am by Mark Graber
”  One member of Congress noted during the Civil War that if a person knowingly sold a pair of shoes to a confederate soldier knowing those shoes would be used in battle, then the shoe salesperson was an insurrectionist for constitutional purposes. [read post]
15 Aug 2017, 3:42 am by SHG
In a few cases, they succeeded. [read post]
31 Aug 2012, 2:08 pm by Alfred Brophy
 (Some years ago I had some preliminary thoughts on how to draw inferences about judicial philosophy based on cases decided more or less simultaneously in the Confederate state supreme courts.) [read post]
3 Apr 2020, 8:32 am by Nicholas Mosvick
The Court noted that there are three kinds of military jurisdiction: military law, military jurisdiction, and martial law. [read post]
19 Feb 2020, 8:23 pm
The federal government lacked the authority to regulate copyrights under the Articles of Confederation (1781-89), leaving the power to the states.Atticus is fully abrogating! [read post]
8 Feb 2024, 5:50 am by jonathanturley
You will likely hear references to Griffin’s Case in the arguments. [read post]