Wisconsin Supreme Court Illegally Suspends Jury Trials

On March 22, 2020, the Wisconsin Supreme Court suspended jury trials throughout the state in response to the corona virus pandemic.  Justice Rebecca Bradley, joined by Justice Daniel Kelly filed a vigorous dissent explaining how the court overstepped its authority in issuing the order and that emergencies do not grant government any greater power than […]

ICYMI: DACA Goes To The Supreme Court

“[The President] shall take Care that the Laws be faithfully executed….” The United States Constitution: ARTICLE II, SECTION 3 There are a few other things going on besides impeachment. An example, the challenges to President Trump’s roll back of President Obama’s Deferred Action for Childhood Arrivals (DACA) got debated at the Supreme Court on November […]

My Support for Judge Kavanaugh

Investigating President Trump’s nomination for the Supreme Court, Judge Brett Kavanaugh brought back memories of law school and a nettlesome problem I observed in America. Here’s how I came to believe a Justice Kavanaugh will be good for America. As part of being on law review all members write a piece called a “note”. It’s […]

The Tyrannical Rule of the U.S. Supreme Court by Donald C. Brockett

What is meant by “tyranny”?  It was the tyranny of King George that provoked America’s Declaration of Independence in 1776.   It was “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” that would […]

Justice Gorsuch and the Rule of Law in His Own Words

“It is the role of judges to apply, not alter, the work of the people’s representatives.” Circuit Judge Neil Gorsuch, January 31, 2017 (After his nomination on January 31, 2017, Neil Gorsuch was confirmed by the Senate on April 7, 2017.  The title of this piece was altered to reflect that.) Over the next few […]

Consider State Constitutions When the Supreme Court Fails

The United States Supreme Court, in Utah v. Strieff , continued on its course of ominously undermining Fourth Amendment protections against unreasonable searches and seizures by limiting the application of the exclusionary rule.[1]  The result is an invitation for police to randomly and unreasonably arrest[2] citizens without the Fourth Amendment’s requirement of probable cause. The Fourth Amendment directly […]

The First Republican Debate Group and the Constitution

President Obama has been criticized for overstepping constitutional boundaries with his governing approach dependent on his “pen” and his “phone”. The Supreme Court has made sweeping constitutional decisions regarding Obamacare and same sex marriage. Both the executive and the judiciary have been described as “lawless” in these and other contexts. That description principally addresses perceived […]

The Fourteenth Amendment’s Privileges OR Immunities Clause

The Supreme Court deserves the respect it earns.  When it fails to enforce the Constitution as it was written its credibility is strained.  Regarding the Fourteenth Amendment’s Privileges or Immunities Clause, it has been wrong for nearly 150 years. The Bill of Rights was ratified in 1791 in response to complaints that the original Constitution […]

Sixth Amendment’s Speedy Trial Right: Ancient, Worthy and Elusive

The Constitution’s Bill of Rights contains many protections for those the government accuses of having committed a crime.  Among them is the Sixth Amendment right to a “speedy trial”.  The provision is stated: “In all criminal prosecutions, the accused shall enjoy the right to a speedy … trial” The right may has old roots and […]

The Tenth Amendment to the US Constitution

“The Tenth Amendment is the foundation of the Constitution.”  – Thomas Jefferson Among the questions raised by opponents of the Constitution during the ratification debates was the lack of an express limit on federal power, and that it would be a danger to individual freedoms and to the powers of the states. In response to […]