Category Archives: Constitutional Law

Confrontation Clause Faces Another Attack in Supreme Court

The Chief Justice John Roberts-led U.S. Supreme Court will have another opportunity to modify or overrule a longstanding precedent issued by the Court before…

Political Division Undermines Independent Judiciary

Federalist Paper #78, written by Alexander Hamilton, James Madison, and John Jay, said the need for an “independent judiciary” was “designed to be an…

Miranda Protections Under Assault by Courts

In June 1966, the U.S. Supreme Court handed down its most recognized decision regarding criminal law, Miranda v. Arizona. The decision established a significant…

Cellphone Location Data Important in Prosecuting Idaho College Murders

Cellular Location Site Information (CLSI) allows law enforcement, through the global positioning system (GPS) and phone company records, to track the location of a…

Traffic Stop for Safely Crossing Dividing Lane Ruled Unlawful

The legal question before the Texas Court of Criminal Appeals (“CCA”) in a November 2, 2022 decision, State v. Hardin, was straightforward and constitutionally…

Know Your Rights: Right to Remain Silent

The Fifth Amendment to the U.S. Constitution provides five distinct procedural safeguards for those accused of a crime and to secure life, liberty, and…

Know Your Rights: The Right to Counsel

The right to counsel originates from the Sixth Amendment of the U.S. Constitution. However, the original draft of the Constitution did not contain the…

Know Your Rights: When Police Come Calling With a Warrant

The August 8, 2022 search and seizure at former President Donald J. Trump’s Mar-A-Lago private club/residence by the FBI has put the issues of…

Know Your Rights: Recording Police Misconduct

The recent video that captured three Crawford County, Arkansas, police officers restraining and beating a man illustrates the social value of video recording the…

Political Fissures Rip the U.S. Supreme Court

“Equal justice under law,” by its own admission, is the core constitutional purpose of the U.S. Supreme Court. In fulfilling this purpose, the nine…

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