Category Archives: Constitutional Law

Boston & Civil Liberties

UPDATE: The Obama Administration has decided NOT to try Tsarnaev as an enemy combatant. This is good news for civil liberties. The initial phase of the Boston Bombing investigation appears to be winding down. With one of the suspects killed, and another detained, the F.B.I., according to media sources, is engaged in a wider search for members of a terrorist cell to which the Tsarnaev brothers were attached. (Of course, I am not sure why the F.B.I. would want that… Continue Reading ››

Is Marriage a “Fundamental” Right?

One of the matters lurking around the Supreme Court’s oral arguments this week is the degree to which marriage is a fundamental right. Gay marriage advocates argue that marriage’s fundamental nature demands that the state has an obligation to extend such a recognition to homosexual couples. Whenever a fundamental right is abridged, a strict scrutiny analysis is conducted and government must provide a compelling interest. If it can do so, it then has to justify that its infringement is both… Continue Reading ››

The Tyranny of Gay Marriage

The Supreme Court’s latest attempt to destroy republican government comes, this week, under the guise of equality. Gay marriage advocates find themselves before the highest Court, seeking to use the bench to achieve what has eluded them politically. To be successful, they will encourage the Court to overturn the past and empower itself at the expense of the people. Prospects for lovers of liberty through self-government appear grim. But first, a bit of background. The actual oral arguments involve Hollingsworth… Continue Reading ››