constitutional law

Should Thanksgiving be Abolished? A Legal Analysis

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SUMMARY This legal analysis examines whether Thanksgiving could be banned in the U.S. Arguments for prohibition include Establishment Clause violations via presidential turkey pardons, Commerce Clause issues from nationwide traffic disruptions and Eighth Amendment concerns about forced family gatherings. Defenses cite First Amendment assembly rights, pursuit of happiness principles and Ninth Amendment protections for unenumerated … Read more

What Happens if the Supreme Court Rules Against Trump’s Tariffs?

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SUMMARY If the Supreme Court rules against Trump’s tariff authority under IEEPA, he retains multiple alternatives. These include Section 232 for national security tariffs, Section 301 for unfair trade practices, other statutory provisions and non-tariff barriers. However, these options require more process, justification and targeted application than IEEPA’s sweeping powers. While the President wouldn’t be … Read more

White House East Wing Demolition: Legal Options

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SUMMARY The Trump administration has begun demolishing the White House East Wing for a privately funded ballroom without required federal reviews, violating property and historic preservation laws. Congressional and agency enforcement mechanisms are ineffective because the president controls the agencies that would normally stop illegal work. Litigation offers the only realistic enforcement option, but faces … Read more

George Santos: From Congress to Prison to Freedom

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SUMMARY Former Congressman George Santos served just 84 days of his seven-year federal prison sentence for wire fraud and identity theft before President Trump commuted it in October 2025. Santos, who lied about virtually everything to get elected and stole from donors and family members, walked free based on political loyalty rather than justice, highlighting … Read more

Charlie Kirk & Government Speech Control

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SUMMARY Jawboning refers to government actors using informal threats or regulatory pressure to influence private speech, raising significant First Amendment concerns. The temporary, but very real, suspension of Jimmy Kimmel’s show following his remarks about Charlie Kirk’s assassination exemplifies how such pressure creates a chilling effect, effectively silencing speech without direct censorship. Landmark court cases … Read more

Charlie Kirk, Hate Speech and the First Amendment

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SUMMARY Conservative activist Charlie Kirk was fatally shot while speaking at Utah Valley University on September 10, 2025, during the opening event of his American Comeback Tour. The assailant, Tyler James Robinson, fired from a rooftop and surrendered the next day. The incident sparked national outrage and a political backlash, with President Trump blaming the … Read more

Supreme Court: States Can Card You Online

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The Supreme Court upheld Texas’s H.B. 1181, a law requiring commercial websites that distribute sexually explicit content to verify that users are at least 18 years old. The law targets material considered obscene for minors but not necessarily for adults. Petitioners representing the pornography industry challenged the statute as a violation of the First Amendment, … Read more

Habeas Corpus: Constitutional Safeguard

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As a former Deputy Assistant Attorney General for New York State who defended against habeas corpus petitions, I’ve witnessed firsthand how this ancient writ serves as the last line of defense for those challenging potentially unconstitutional imprisonment. What began as technical work evolved into a profound appreciation for habeas corpus as a cornerstone of American … Read more

Due Process and the Alien Enemies Act

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In the realm of constitutional jurisprudence, few principles are as foundational as due process, a concept enshrined in the Fifth and Fourteenth Amendments of the United States Constitution. This bedrock principle, which prohibits government deprivation of “life, liberty, or property, without due process of law,” faces a significant test through the Trump administration’s novel application … Read more

The Rule of Law: Cornerstone of a Democratic Society

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As I write this, the United States is navigating complex legal and governance challenges that test the boundaries of established rule of law principles. The recent transition of power following the 2024 presidential election has prompted renewed attention to questions about executive authority, regulatory frameworks and judicial independence. Legal scholars and policy analysts across the … Read more