Cline on the Constitution – Page 7

The Bill of Rights

October 25, 2017 by philcline in Bill of Rights / Blog / Cline on the Constitution

I never tire of examining Power and how the Founders of our Nation framed the Constitution to provide a structure of governance that would be effective, but also how they built in restraints against the natural accretion of too much power in too few hands. I am, however, watching with interest a number of cases […]

Presidential Wars

October 11, 2017 by philcline in Blog / Cline on the Constitution / Presidency

Presidential Wars What we always considered a futuristic vision of a dystopian world in which a mad dictator hurls nuclear weapons toward our nation turns out not to be confined to the pages of apocalyptic science fiction. Sorry, after I wrote the above paragraph I just liked it too much to hit the […]

War and Emergency Powers

September 27, 2017 by philcline in Blog / Cline on the Constitution / Congress / Presidency

The prospect of war abroad and insurrection at home are not thoughts we welcome. However, I’m not sure they can much longer be avoided. Abroad North Korea, ruled by a fat little despot with a bad haircut, has nuclear bombs, is developing missiles to deliver them and threatens to use the weapons against the […]

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 […]

Cline on the Constitution – Presidential Pardons

September 3, 2017 by philcline in Blog / Cline on the Constitution / Presidency

Presidential Pardons Last week, President Trump issued a pardon to the famous Sheriff Joe Arpaio of Maricopa County, Arizona. The Eighty Five year old Sheriff had been found guilty of Contempt for defying orders of a Federal Court. The orders had banned his staff from targeting individuals suspected of being illegal immigrants without legal […]

The First Confederacy

August 24, 2017 by philcline in Blog / Cline on the Constitution / Federalism

In 1861 a group of states declared their independence from the Federal Government and seceded from the Union. Among their grievances was an erosion of the sovereignty of the States to govern their own affairs and the fear that it would ultimately lead to the end of Slavery. They formed a Confederacy of States and […]

Presidential Rules for Military

August 10, 2017 by philcline in Blog / Cline on the Constitution / Presidency

Recently, President Trump announced a policy to exclude Transgenders from the military. The President’s justification was the cost to the taxpayer of using funds budgeted for national defense to provide free sex change operations. He also emphasized the need to have the military focus their efforts on preparing for war rather than social engineering. The […]

The Commerce Clause

June 29, 2017 by philcline in Blog / Cline on the Constitution / Congress

Before President Trump took office, I addressed the possibility of him abrogating treaties and agreements signed by President Obama. Since President Obama often eschewed the formal process outlined in the Constitution and acted on his own, the accords he signed can also be unilaterally nullified by a subsequent President without offending the Constitution. Since President […]

Seating Congressmen

June 28, 2017 by philcline in Blog / Cline on the Constitution / Congress

As someone who held elective office for over two decades, I would counsel those who choose to run for political office against knocking some rude, obnoxious reporter on his behind. It’s not that you don’t want to do it; it’s not that some of them don’t deserve it; its not that that it wouldn’t garner […]

Commerce Clause Part II, “The Switch in Time That Saved Nine”

June 21, 2017 by philcline in Blog / Cline on the Constitution / Congress / Presidency

Considering the arrogance and vitriol of rulings by the Federal Courts on President’s Trumps Travel Ban, one wonders if a major confrontation between the Executive Branch and the Federal Judiciary is brewing. We have had such a confrontation before. In 1935, Franklin Roosevelt had just been re-elected President by a landslide. His party dominated both […]

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