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Constitution 101: Redacting Rights

Published in Blog on February 08, 2025 by Patrick Bohan

Thus, many founders objected to a Bill of Rights because they feared unenumerated rights (or rights not listed in the Bill of Rights) would not be protected or protected as vigorously as those rights enumerated in the Constitution. James Madison resolved this conundrum with the Ninth Amendment that protects all unenumerated rights.

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Constitution 101: Presidential Pardon Power

Published in Blog on January 28, 2025 by Patrick Bohan

I did not plan to write a blog on the presidential power to pardon, but given the new precedent set by Joe Biden to preemptively pardon his family, Dr. Anthony Fauci, and General Mark Milley, it is an appropriate subject to address.

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Constitution 101: Unenumerated Rights

Published in Blog on January 25, 2025 by Patrick Bohan

Justice McReynolds would protect educational choice and parental rights two years later in Pierce v. Society of Sisters. In Pierce, McReynolds ruled that it was a right for “parents and guardians to direct the upbringing and education of children under their control.”

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Constitution 101: Fundamental Rights

Published in Blog on January 15, 2025 by Patrick Bohan

Locke defined a right as an action that the “fewest people can deny” or in other words, a true fundamental right should have near unanimous support by the citizens of a nation.

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Constitution 101: Sovereignty (Part II)

Published in Blog on December 30, 2024 by Patrick Bohan

Prout v. Starr (1903) has become one of my favorite cases. It was an obscure Eleventh Amendment case in which Justice George Shiras wrote, “The Constitution of the United States, with the several amendments thereof, must be regarded as one instrument, all of whose provisions are to be deemed of equal validity.”

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Constitution 101: Sovereignty (Part I)

Published in Blog on December 14, 2024 by Patrick Bohan

In Chisholm v. Georgia (1793), SCOTUS regarded the people as the true sovereign. James Wilson wrote one of the majority opinions in the case and wrote, “… my short definition of such a government is--one constructed on this principle, that the supreme power resides in the body of the people.”

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Constitution 101: Originalism versus a Living Constitution (Part I)

Published in Blog on November 22, 2024 by Patrick Bohan

The Supremacy Clause (Article VI, Section II) of the Constitution states, “This Constitution shall be supreme law of the land” and that “judges in every state shall be bound thereby.” In other words, the Constitution makes it clear that judges should interpret the Constitution in its original form. The Supremacy Clause implies any inte...

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