Judiciary – Page 2

Cline on the Constitution – Interpretation

May 27, 2019 by philcline in Blog / Cline on the Constitution / Judiciary / Presidency

In November, President Trump referred to a federal District Court Judge as an “Obama judge.” Uncharacteristically, Chief Justice of the Supreme Court, John Roberts, rebutted the President in a public statement. He said, “We do not have Obama judges or Trump judges, Bush judges or Clinton judges, . . . (an) independent judiciary is something we should […]

Packing the Supreme Court

March 24, 2019 by philcline in Blog / Cline on the Constitution / Judiciary / Presidency

Packing the Supreme Court or “The Switch in Time That Saved Nine” A number of the announced candidates for the democrat nomination for President, have proposed changes to the current structure of our government. Some are foolish, some wild, some weird, some have been tried before. Such as Packing the Supreme Court by adding more justices. One […]

Emergency Orders

February 19, 2019 by philcline in Blog / Cline on the Constitution / Judiciary / Presidency

In this week’s segment of Cline on the Constitution, I decided to pause in my review of voting rights cases to consider the President’s recent actions concerning our Southern Border. The President’s declaration of an emergency and his orders to transfer funds to construct barriers on the Southern Border has generated extensive commentary on the […]

Voting, Part Two

February 12, 2019 by philcline in Blog / Cline on the Constitution / Equal Protection / Federalism / Judiciary / Uncategorized

In Abbott v. Perez, The Supreme Court slapped a federal district court with a much-needed douse of cold water in an attempt to wake them up, force them to embrace reality for once and have them return to their lane in the governance scheme set out in the Constitution. Abbott is the second case on voting […]

Cline on the Constitution

September 2, 2018 by philcline in Blog / Cline on the Constitution / Judiciary

Justice Kavanaugh and Letting Sleeping Dogs Lie Tuesday morning the Senate will open hearings on the confirmation of Justice Brett Kavanaugh’s nomination to the Supreme Court. The candidate has lived an honorable life, is well liked, enjoys a reputation as a good and decent man, and is an experienced and imminently qualified jurist who […]

Cline on the Constitution-Danger of One Person Rule

August 6, 2018 by philcline in Blog / Cline on the Constitution / Judiciary / Separation of Powers

This Week’s segment of Cline on the Constitution. The Danger of One Person Rule Justice Brett Kavanaugh’s nomination is currently being navigated through the shark infested waters of the United States Senate populated with man eaters hungry to attack, chew up and dismember someone who, by all accounts, is a good and honorable […]

Cline on the Constitution – Universal Injunctions

July 19, 2018 by philcline in Blog / Cline on the Constitution / Judiciary

Just back from a few days at the coast, but in time for a new segment of Cline on the Constitution. In reading though some of the Supreme Court’s recent decisions, I came across an interesting issue which I’m sometimes asked about. Universal Injunctions. The situation is this. Congress passes a law or the […]

Slouching Toward Oligarchy

January 24, 2018 by philcline in Blog / Cline on the Constitution / Judiciary / Public Interest

Slouching Toward Oligarchy Shortly after the current Supreme court term opened in October, Chief Justice John Roberts used the term “Sociological Gobbledygook” during oral argument on a Gerrymandering case. Under the “political question doctrine,” drawing district lines for seats in Congress has traditionally been reserved to state legislatures. However, rather than fight the gerrymandering […]

Religious Tests Under the Constitution

September 13, 2017 by philcline in Blog / Cline on the Constitution / Congress / Judiciary / Religion

Religious Tests Under the Constitution California Senator, Dianne Feinstein, abetted by Senate Colleagues recently demeaned the Catholic faith of a nominee to the Seventh Circuit Court of Appeal. The nominee, Amy Barrett, is a professor of law from Norte Dame. She has impeccable legal, intellectual and educational credentials and once clerked for Supreme […]

Category: Judiciary