Cline on the Constitution

Cline on the Constitution – Due Process

April 21, 2025 by philcline in Bill of Rights / Blog / Cline on the Constitution / Due Process

The President’s men (and President’s women) are engaged in rounding up and deporting criminal aliens. And from many corners of the nation there is an echo of the term “Due Process.” Though often referenced, there is seldom an attempt to explain what “Due Process” is. One is left with the impression, however, that the government mustn’t do […]

Loutish behavior and the First Amendment

April 6, 2025 by philcline in Blog / Cline on the Constitution / Free Speech

What is exactly is Free Speech under the Constitution? There are a whole lot of opinions about a whole lot of things by a whole lot of people out there. Some of the opinions are stupid. And, admittedly, some of the people articulating the opinions are stupid. Still, as a nation, we treasure and hold dear our right to express […]

Agencies and Injunctions

March 16, 2025 by philcline in Blog / Cline on the Constitution / Congress / Judiciary / Presidency / Separation of Powers

Cline on the Constitution – Administrative Agencies and Universal Injunctions What’s the deal on Separation of Powers? President Trump, in exercising the powers of his office over Federal Administrative agencies, has put news patrons into paroxysms of wailing, weeping and gnashing of teeth. Such audacity. Woeful moans echo down the endless, dark hallways in Washington D.C. […]

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. […]

Category: Cline on the Constitution