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...
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