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14 Jul 2015, 6:00 am by Guest Blogger
United States, the case in which the Court reviewed military orders requiring tens of thousands of American citizens of Japanese ancestry to surrender up to military authorities for indeterminate confinement in detention camps – or be deemed criminals. [read post]
26 Nov 2006, 2:43 pm
Barnett, who will argue on behalf of the United States as amicus in support of the petitioners. [read post]
13 Dec 2013, 8:41 am
A similar but much more expansive point has been made in the United States, by legal scholar Randy Barnett, who has repeatedly argued for a converse “presumption of liberty” where state action challenges the personal liberty of individuals. [read post]
4 Oct 2010, 1:07 pm by Ilya Somin
Among other things, it explains why the mandate runs afoul of the five part test established in the Supreme Court’s most recent Necessary and Proper Clause decision, United States v. [read post]
29 Feb 2012, 6:51 am by Conor McEvily
Politifact.com evaluates a claim by presidential candidate Rick Santorum that Justice Ginsburg “prefers” the South African constitution to the United States Constitution; it concludes that “Santorum’s take on Ginsburg’s comments twisted a handful of words to mean something they did not. [read post]
1 Feb 2017, 5:07 pm by David Kopel
The United States Constitution comprehensively protects the American people from the types of abuses that necessitated the Revolution. [read post]
1 Jun 2017, 9:45 am by Barbara Moreno
SUPREME COURT OF THE UNITED STATES Johnson, Timothy Russell, Oral Arguments and Decision Making on the United States Supreme Court (2004). [read post]
13 Apr 2017, 9:43 am by Randy Barnett
In the wake of Marshall’s capacious 1819 opinion in McCulloch v. [read post]
9 Nov 2011, 7:15 pm by Andrew Koppelman
United States: Elliott Welsh’s Two Religious TestsAndrew KoppelmanChapter 11Red Lion Broadcasting Co. v. [read post]
23 Jul 2018, 5:51 am by Marty Lederman
 Barnette].So far, so good:  If the state compels an individual to actually say something that betrays her convictions--the classic case being the compulsion of the young Jehovah's Witness students in Barnette to attest their allegiance to the United States, contrary to their genuine beliefs--there's a First Amendment problem. [read post]
2 Oct 2019, 10:01 am by Kalvis Golde
It is our experience that current constitutional law doctrines are best understood as the result of a 200+ year process of decision-making by a single court: the Supreme Court of the United States. [read post]
29 Jan 2010, 7:54 am by Anna Christensen
President Obama’s criticism of the Supreme Court’s recent Citizens United decision in Wednesday’s State of the Union address dominated the headlines yesterday and today. [read post]
23 Mar 2009, 4:38 am
United States---invokes the notion of the state as educator. [read post]