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THE OLDEST CONSTITUTIONAL QUESTION: ENUMERATION AND FEDERAL POWER by Richard Primus, Harvard University Press, 2025, Cambridge, Massachusetts
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Hon. Richard Welch III (ret.) reviews Richard Primus’ “The Oldest Constitutional Question: Enumeration and Federal Power” discussing Primus’ expansive interpretation of constitutional power. Welch relates Primus’ argument to his own experience in teaching Constitutional law and discusses what Primus’ thinking means for traditionalist interpretation. Welch invites others to read and digest Primus’ argument and the…
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The Cost of Bigotry in the Justice System: How Appointed Counsel’s Racism and Bigotry Deprives Defendants of Constitutional Rights
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The Supreme Judicial Court of Massachusetts granted Anthony Dew a new trial, citing an actual conflict of interest due to his court-appointed counsel’s racist and Islamophobic social media posts. The decision highlights systemic bias within the criminal justice system and underscores a critical precedent for future cases involving racial discrimination in legal representation.
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Presidential Election Spectators No More
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The 2020 presidential campaign predominantly focused on swing states, leaving non-swing state voters feeling excluded. Despite a majority favoring the direct election of the president, efforts to amend the Electoral College have stalled. A potential solution is the National Popular Vote compact, but reform remains challenging due to entrenched interests in swing states.
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WE WERE BORN THIS WAY: THE FOURTEENTH AMENDMENT AND IMMUTABILITY
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A person can be many things: spouse, parent, attorney, teacher, sports fan, dog owner, bisexual, taxpayer, employee, employer. but few need any explanation in order for courts, lawyers, and lay people to understand their meanings. A dog owner owns a dog, while a taxpayer pays taxes; a teacher teaches, and a spouse is a married…
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Breaking the Stalemate on Supreme Court Term Limits with Delayed Implementation
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This concise essay proposes a novel solution to the current stalemate regarding Supreme Court term limits. Namely, through delayed implementation the existing incentives against such legislation are ameliorated. This essay provides the logic behind taking such an approach and addresses likely criticism. Finally, the ability of applying such a strategy to other political issues—and the…
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The Puerto Rico Constitution at Seventy: A Failed Experiment in American Federalism?
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Introduction “The United States includes five Territories: American Samoa, Guam, the Northern Mariana Islands, the U. S. Virgin Islands, and Puerto Rico […] the Territory Clause permits Congress to ‘treat Puerto Rico differently from States so long as there is a rational basis for its actions.’” “The answer to appellant’s contention is that the constitution…
