Disaster for the Constitution: Flawed Assertions of State Sovereignty
No doctrine has posed a greater threat to the U.S. Constitution than the flawed assertion of state sovereignty. It represented the...
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Dr. David Gray Adler
- Apr 29, 2021
- 3 min
Probing Federalism: The Supremacy Clause
“Federalism,” which refers to the allocation of powers between the federal and state governments, has been a source of contention since...
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Dr. David Gray Adler
- Apr 22, 2021
- 3 min
A Cell Phone Recording, First Amendment Rights and a Guilty Verdict
When 17-year old Darnella Frazier used her cell phone on May 25, 2020, to record the murder of George Floyd, a horrifying episode which,...
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Dr. David Gray Adler
- Apr 15, 2021
- 3 min
The Biden Commission and the Concept of Court-Packing
President Biden recently signed an executive order creating a bi-partisan commission that will study U.S. Supreme Court reform and, among...
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Dr. David Gray Adler
- Apr 8, 2021
- 3 min
The Personal Constitution: Embodied in the First Amendment
The concept of the “Personal Constitution,” which we introduced in this column last week, is personified in the First Amendment freedoms,...
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Dr. David Gray Adler
- Mar 31, 2021
- 3 min
Personalizing the Constitution
Together, the Declaration of Independence and the U.S. Constitution form what Gunnar Myrdal called, the “American Creed.” The...
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Dr. David Gray Adler
- Mar 25, 2021
- 4 min
Fundamental Fairness: Statehood for Washington DC
The introduction of H.R. 51, a bill to make Washington, D.C. the 51st state—the “Washington, Douglas Commonwealth”--would grant its...
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Dr. David Gray Adler
- Mar 19, 2021
- 3 min
Protecting Freedom of Speech
As we have seen in our recent discussion of tests employed by the U.S. Supreme Court to determine the parameters of speech afforded...
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Dr. David Gray Adler
- Mar 12, 2021
- 3 min
Holmes’s Defense of Freedom of Speech
Justice Oliver Wendell Holmes’s invention in 1919, in Schenck v. United States, of the Clear and Present Danger Test, provided little...
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Dr. David Gray Adler
- Mar 3, 2021
- 4 min
Dissenting Speech v. National Security Claims
The question of governmental authority to punish speech in the name of national security came before the Supreme Court for the first time...
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Dr. David Gray Adler
- Feb 26, 2021
- 4 min
May Government Curtail Free Speech?
Does the government have authority to curtail speech that might cause injury to our national security?
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Dr. David Gray Adler
- Feb 19, 2021
- 3 min
Free Speech Clause: Origins and Purposes
The guarantee of freedom of speech, central to Americans’ participation in self-governance and the life of the nation...
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Dr. David Gray Adler
- Feb 12, 2021
- 3 min
Free Constitutional Seminars
The U.S. Constitution is all-Broadway, all the time. Americans may not realize its center stage presence in the life of the nation, but
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Dr. David Gray Adler
- Feb 5, 2021
- 4 min
The Constitution and the Trump Impeachment Trial
The forthcoming Senate impeachment trial of former President Donald Trump raises a host of constitutional questions...
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Dr. David Gray Adler
- Jan 29, 2021
- 3 min
Trial for a Former President?
Does the U.S. Senate have the authority to hold an impeachment trial for former President Donald Trump?
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Dr. David Gray Adler
- Jan 22, 2021
- 4 min
Impeachment Trial of Senate
Sometime soon, private citizen Donald Trump will become the first former president to face a Senate impeachment trial...
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Dr. David Gray Adler
- Jan 19, 2021
- 5 min
Removing A President
Memories of the footage of the insurrection at the U.S. Capitol, on January 6, 2021, will be forever etched in the minds of the citizenry.
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Dr. David Gray Adler
- Jan 15, 2021
- 4 min
Impeachment Thwarts Trump Pardon
President Donald Trump’s assertion of constitutional authority to grant himself a pardon was effectively blocked on January 13...
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Dr. David Gray Adler
- Jan 8, 2021
- 3 min
What Does a Coup Look Like?
To its horror, America witnessed on January 6, 2021, an insurrection. Millions watched, in real time...
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Dr. David Gray Adler
- Jan 1, 2021
- 4 min
Reversing Electoral College Vote?
Efforts by President Donald Trump and congressional republicans to subvert the ceremonial counting of electoral votes is a witches' brew...
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