Bill of Rights – Page 2

The Power to Close and the Power to Re-open

May 17, 2020 by philcline in Bill of Rights / Blog / Cline on the Constitution

This week’s segment of Cline on the Constitution discusses The Power to Close Down and Re-Open. I have watched with interest the developing debate over “reopening” American society. It is playing out at the federal, state and local levels. It seeks answers to exactly who has power under the Constitution as well as under a […]

Cline on the Constitution

April 12, 2020 by philcline in Bill of Rights / Blog / Cline on the Constitution / Congress / Religion

Cline on the Constitution, Interfering with Religious Practices Over a hundred years ago, Justice Louis Brandeis said, “experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to […]

Cline on the Constitution

April 5, 2020 by philcline in Bill of Rights / Blog / Cline on the Constitution

Self-Defense against the government? The nature of the Coronavirus has led every level of government; City, County, State and Federal; to take emergency action to mitigate the impact on society. And that includes intruding upon civil liberties. There is no longer enough room to list all the ways our freedom is being restrained. There are many. They […]

Quarantine.

March 20, 2020 by philcline in Bill of Rights / Blog / Cline on the Constitution

Cline on the Constitution Coronavirus Quarantines With stunning speed our society, the most free in history, has had its meeting places shut down, its stores and products rationed, its children’s schools closed, its churches shuttered, its freedom of movement restricted and its population instructed (indeed ordered) to stay at home and off the public byways. Even […]

Lord Byron and Perfection

January 7, 2020 by philcline in Bill of Rights / Blog / Cline on the Constitution

Cline on the Constitution Lord Byron and Perfection So, what does Lord Gordon Byron have to do with the interpretation of the Constitution? Well, it’s a stretch. Let’s see if I can get there. Justice Antonin Scalia said, “The notion has somehow gained currency, . . . that if something is intensely bad, it must be […]

Right to Confront Witnesses

October 20, 2019 by philcline in Bill of Rights / Blog / Cline on the Constitution / Congress / Presidency

In 1603, Sir Walter Raleigh, one of the most celebrated men of his era, was brought to trial for treason based upon accusations generated by the Spanish Ambassador. The evidence used against him was testimony taken in secret and a letter by an alleged accomplice, a man named Cobham. Raleigh demanded the witness against him be […]

Double Jeopardy

July 21, 2019 by philcline in Bill of Rights / Blog / Cline on the Constitution / Federalism / Judiciary

The Supreme Court recently, and for the first time in a hundred years, issued a definitive opinion on Double Jeopardy. A close reading, however, leaves an impression that the opinion was about more. As privacy issues (such as the “right” to an abortion) make their way back to the Court, this case may provide a road map […]

Voting

January 29, 2019 by philcline in Bill of Rights / Blog / Cline on the Constitution / Uncategorized

This Week’s segment of Cline on the Constitution Voting The process of casting a vote is changing. Who, when, and how is an accident of location. It can be vastly different from state to state. The image of an adult citizen showing up at the polls on election day, being handed a ballot, retiring to the voting […]

Cline on the Constitution Privacy of Cell phone data

October 15, 2018 by philcline in Bill of Rights / Blog / Cline on the Constitution / Privacy

I am back with a new segment of Cline on the Constitution. Took a little hiatus to explore the Mississippi via Paddle Boat. Great trip. I then monitored the resumption of hearings on Justice Kavanaugh. Much has been discussed about Due Process and the Presumption of Innocence. I won’t repeat the various arguments. […]

Privacy and Property

September 21, 2018 by philcline in Bill of Rights / Blog / Privacy

This week’s segment of Cline on the Constitution Privacy and Property One momentous decision of the Supreme Court’s last term involved cell-phone privacy. In Carpenter vs. U.S., penned by Chief Justice Roberts, the Court found that data collected from a cell phone that pinpointed a suspected robber’s movements over 127 days involving […]

Category: Bill of Rights