Constitutional Law

The Constitution is a legal document that structures government and protects rights. Sometimes overlooked, however, is the reality that it is also a statement of values and principles on which the structure of government and the protection of rights is based.

These values and principles are not law — but they can suggest non-legal obligations that the government owes to its citizens or that citizens owe to each other.

During Judge Ketanji Brown Jackson’s confirmation hearing, Sen. Marsha Blackburn (R-Tenn.) seemed triumphant when she confronted the Supreme Court nominee with the fact that the word “abortion” is not mentioned in the Constitution’s text.

On Jan. 13, a federal grand jury indicted 11 members of the so-called Oath Keepers for seditious conspiracy. Such charges are exceptionally rare—and, quite obviously, extremely serious. If convicted, these defendants could face up to 20 years in prison.

On episode 59 of the podcast formerly known as What Trump Can Teach Us About Con Law, renamed What Roman Mars Can Learn About Con Law:   Supreme Court cases from Mississippi and Texas are challenging  long upheld precedents that established abortion rights. Reproductive rights, and many others, are not explicitly referenced in the Constitution, but are considered fundamental because of the presence of the word "liberty" in the 14th Amendment. Listen to the episode.

For years, cities across the country have limited who may carry a gun in public. The Supreme Court will soon decide whether these limits violate the 2nd Amendment.

An update on SB 8, Executive Privilege of presidential records connected with January 6th, and a short digression into criminal law about the tragic death on a movie set. Listen to Ep 58 of the What Trump Can Teach Us About Con Law podcast.

[Cross-posted from What Trump Can Teach Us About Con Law]

John Eastman, a mainstream conservative lawyer working for Trump, outlined a plan for VP Pence to declare Trump the winner of the 2020 election regardless of the votes. It didn't happen, but should we be worried about the memo when it comes to future elections? Listen to Ep. 57 of the What Trump Can Teach Us About Con Law podcast.

[Cross-posted from What Trump Can Teach Us About Con Law]

On the 20th anniversary of 9/11 in September, J.D. Vance tweeted a photo of himself holding his young son amidst a table of guns.  He captioned it, “Took the toddler to a gun show this morning.  Saw some amazing historical weapons, some going back to the Civil War.” 

Vance is, of course, the author of the best-selling memoir Hillbilly Elegy, now running as Republican for the U.S. Senate from Ohio. 

On the topic of legal procedure and how it relates to the Supreme Court's so-called "shadow docket" and the Texas abortion law. Listen to Episode 56 of the What Trump Can Teach Us About Con Law podcast.

[Cross-posted from What Trump Can Teach Us About Con Law]

If one looks behind some of the criticism directed at the teaching of Critical Race Theory, it appears that there is a particular objection to the idea that white students should be taught that they bear guilt or responsibility for past and/or present racism in our society.