Cline on the Constitution

When is a Judge not a Judge?

August 28, 2022 by philcline in Blog / Cline on the Constitution / Judiciary

Like, most Americans, I’ve followed the controversy attendant to the F.B.I.’s Raid on former President Trump’s home. Adult responsible conduct seems to be lacking on all sides. Both before the execution of the Search Warrant and afterwards. However, from the first reports, I’ve questioned why on Earth was the warrant issued by a Magistrate rather than a […]

Cline on the Constitution

June 13, 2022 by philcline in Blog / Cline on the Constitution / Judiciary / Presidency

Evidence As the Supreme Court withstands an unprecedented intimidation campaign as it prepares to issue an (official) opinion concerning the continued viability, if you will, of Roe v Wade it would be well to keep in mind what is real and what is not. As people like New York Senator Charles Schumer, who has never met […]

Cline on the Constitution-Abortion Rights in 2021, the Debate Continues

December 10, 2021 by philcline in Bill of Rights / Blog / Cline on the Constitution / Federalism / Privacy

The Supreme Court recently heard oral argument in the Case of Dobbs v. Jackson Women’s Health Organization, in which the State of Mississippi restricted access to abortion after 15 weeks of pregnancy. This, at the same time the Court has so far declined to intervene in attempts to restrain the State of Texas from interfering with […]

Cline on the Constitution-Property Rights

November 10, 2021 by philcline in Bill of Rights / Blog / Cline on the Constitution

The power of government at every level is wide, intrusive, and growing. In the last 18 months, cloaked in a doctrine of necessity justified by a pandemic, the expansion of governmental power over our lives has been unprecedented and unchallengeable. Should it be restrained? Can it be? Absent a wholesale turn-around in how government officialdom […]

Cline on the Constitution

May 31, 2021 by philcline in Blog / Cline on the Constitution / Judiciary

Freedom of the Press (to Slander, Publish Falsehoods and Lie?) Each day falsehoods, inaccurate information, fabrications and outright lies are published in the media about public officials and ordinary citizens who happen to end up in the public spotlight. The falsehoods are then republished. And republished. And republished. Spreading like a virulent cancer, they can destroy a person’s reputation […]

Cline on the Constitution

May 16, 2021 by philcline in Blog / Cline on the Constitution / Judiciary

The American Constitution and the English Common Law Supreme Court cases interpreting the Constitution make frequent forays into legal history. Not just U.S. history, but to English Common Law. For example, a case decision involving an ordinance prohibiting the open carrying of weapons such as hatchets and swords in England in the 17th century was recently cited in […]

Cline on the Constitution

May 2, 2021 by philcline in Bill of Rights / Blog / Cline on the Constitution

The last few months I’ve been concentrating on completing a couple of outside writing projects I started some time ago. In the meantime, as always, significant developments have begun to emerge in the world of Constitutional law. Let’s start to catch up a little. Any comments or suggestions are, as always, welcome. Now on to today’s entry. […]

The Texas Lawsuit

December 13, 2020 by philcline in Blog / Cline on the Constitution / Judiciary / Presidency

So, what was the Texas lawsuit all about? With one or two exceptions, I haven’t paid very close attention to the lawsuits filed in some states on behalf of President Trump challenging the election results. A couple of reasons. First, as a former prosecutor, I’m familiar with what it takes to put together an actual […]

One-Man Rule

November 21, 2020 by philcline in Bill of Rights / Blog / Cline on the Constitution

Cline on the Constitution – One Person Rule And so, this is how it happens. How we forget what it’s like to live in a democracy. We simply get used to it. We accept being told what to do, what rules we must follow. Not laws mind you, not legal codes introduced in a legislature, debated and voted […]

Religious Schools and the First Amendment

October 11, 2020 by philcline in Blog / Cline on the Constitution / Religion

Cline on the Constitution: Religious Schools This is the third segment on religious liberty cases decided last term by the Supreme Court. Each case was met with the usual gnashing of teeth by those who bemoan any perceived chink in what to them is the sacred “Wall of Separation” between Church and State. In previous postings […]

Category: Cline on the Constitution