Constitution

Analysis: Amended version of SB 1146 passes CA Assembly Judiciary

Analysis: Amended version of SB 1146 passes CA Assembly Judiciary

The latest version still faces constitutional hurdles as lawmakers seek to control morals policies of religion-based educational institutions.

 
 

Five legal issues raised by California SB 1146

SB 1146 is currently up for consideration in the California State Assembly Judiciary this Thursday having already passed the Senate by a vote of 26-13 on May 26, 2016. The heading of the bill states, "The Equity in Higher Education Act among other things, prohibits a person from being subjected to discrimination on the basis of specified attributes, including sex, […]

 
 

California Bill Would Punish Religious Colleges That Discriminate Because of Faith

California Bill Would Punish Religious Colleges That Discriminate Because of Faith

If passed, SB 1146 is unconstitutional because the government is imposing a condition on religious institutions with the intent of pressuring them to compromise their religious beliefs.

 
 

Evaluating Clinton's claim to "reasonable regulation" of Constitutional rights

Evaluating Clinton's claim to "reasonable regulation" of Constitutional rights

Constitutional rights, particularly those in the Bill of Rights are guarantees of personal freedoms and are expressed in terms of the government's limited powers.

 
 

Declaring the United States a "Christian Nation" does not make it one

Declaring the United States a "Christian Nation" does not make it one

Why attempt to change the Constitution to declare the United States is a Christian Nation is a pointless exercise – satire from the American Sentinel – 1886

 
 

Mississippi legislature passes law to weaponize churches

Mississippi legislature passes law to weaponize churches

There are two distinct reactions to gun violence. One is to tighten gun regulations in an effort to get guns off the street. The other is to arm more people so they can kill would-be attackers. The Charleston, South Carolina, shooting at a church last year has provided the Mississippi legislature with a pretext to do the latter.

 
 

Unaffordable Luxury: A Brief Summary of Justice Scalia's Free Exercise and Establishment Clause Legacy

Unaffordable Luxury: A Brief Summary of Justice Scalia's Free Exercise and Establishment Clause Legacy

In an effort to understand the longest-serving Justice's influence and the importance of his replacement, here is a brief survey of how Scalia decided in several key cases.

 
 

Davis Appeals to 6th Circuit

Davis Appeals to 6th Circuit

When the religious beliefs of a government official conflict with the civil rights of citizens, who has the power and who wins?

 
 

New Supreme Court Case Could Stretch RFRA to Breaking Point

New Supreme Court Case Could Stretch RFRA to Breaking Point

If Congress, which passed both RFRA and Obamacare, believes RFRA's application goes too far, Congress could decide to repeal all or part of RFRA.

 
 

Supremacy Clause Prevents States from Ignoring Supreme Court Decisions

Supremacy Clause Prevents States from Ignoring Supreme Court Decisions

Why attempts to convince state and local governmental officials that they can ignore Supreme Court decisions are legally incorrect and could lead to a Constitutional crisis.