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CONSTITUTIONAL INTERPRETATIONS

CONSTITUTIONAL INTERPRETATIONS


  • August 14, 2026

    RE: Capturing “Aliens”

    Imagine an undocumented immigrant to the United States who has lived peacefully and lawfully in the United States for more than five years after his or her unlawful entry into the United States. That non-citizen remains subject to forced “removal” from the United States pursuant to federal civil procedure laws, see 8 U.S.C. Sections 1229… Continue reading

    Constitutional Law
    Fourth Amendment, Searches and Seizures
  • August 7, 2026

    RE: Follow-up On The New Round of Tariffs

    In last week’s posting here, I offered my opinion that the two international trade statutes President Trump relied upon last month to impose new tariffs on imported goods were unconstitutional. Upon reflection, I have concluded that more explanation, from me, is necessary. The two statutes, 19 U.S.C. § 2411(b)&(c) and 19 U.S.C. §1338, plainly authorize… Continue reading

    Constitutional Law
    Presidentially Imposed Tariffs, The Power to Tax
  • July 31, 2026

    RE: A New Round of Tariffs

    On June 20, 2026, U.S. President Donald J. Trump imposed a tax on the importers of many goods from Canada, at a rate of up to 50 percent of the goods’ invoice values, pursuant to authority granted to him by the United States Congress under 19 United States Code §1338.[1]  On June 23, 2026, President… Continue reading

    Constitutional Law
    Presidentially Imposed Tariffs
  • July 24, 2026

    RE: Semi-Automatic Rifles and the 2d Amendment

    The State of Connecticut and Cook County, Illinois have enacted laws that basically ban the private possession of semi-automatic rifles capable of firing multiple rounds without rearming or reloading. The United States Supreme Court has now agreed to decide whether those laws violate the Second Amendment to the United States Constitution.[1] The Second Amendment provides… Continue reading

    Constitutional Law
    Semi-automatic rifles, The Right to Keep and Bear Arms
  • July 17, 2026

    RE: Geofence Warrants

    In Chatrie v. United States (U.S. Supreme Court Slip Opinion of June 29, 2026), the Court held that the customers of cell phone service providers have a “reasonable expectation of privacy” in the data retained by their providers that reveals the location of the customer’s cell phone near the scene of a recent crime, and… Continue reading

    Constitutional Law
    Fourth Amendment, Search Warrants
  • July 10, 2026

    RE: THE ORIGINAL INTENT OF THE FIRST AMENDMENT

    In National Republican Senatorial Committee v. Federal Election Commission, U.S. Supreme Court Slip Op. of June 30, 2026, the Court invalidated statutory limits on the campaign expenditures of political parties when their spending is coordinated with the campaign expenditures of individual candidates for office. The Court ruled that statutory limits on such “coordinated party/candidate” campaign… Continue reading

    Constitutional Law
    Freedom of Speech
  • July 3, 2026

    RE: Birthright Citizenship

    In Trump v. Barbara, U.S. Sup.Ct. Slip Op. of June 30, 2026, the United States Supreme Court declared that all persons born in the United States are citizens of the United States, excepting only 1) those persons born to diplomatic personnel from other countries, 2) those persons born to armed invaders of the United States,… Continue reading

    Constitutional Law
    Birthright Citizenship
  • June 26, 2026

    RE: More on The Right To Keep and Bear Arms.

    There is something fundamentally wrong with today’s jurisprudence interpreting the Second Amendment to the United States Constitution. Just yesterday, in Wolford v. Lopez, U.S. Sup.Ct. Slip Op. of June 25, 2026, the United States Supreme Court invalidated a Hawaii statute that prohibited the carrying of a gun onto private property “open to the public” without… Continue reading

    Constitutional Law
    The Second Amendment
  • June 25, 2026

    RE: CONSTITUTIONAL RIGHTS (?) OF DELINQUENT TAXPAYERS

    In Pung v. Isabella County, U.S. Sup.Ct. Slip Op. of June 23, 2026, the Supreme Court ruled that the “Just Compensation Clause” of the Fifth Amendment to the United States Constitution required the payment of any surplus proceeds from a foreclosure sale of property to collect a delinquent tax to the owner of the sold… Continue reading

    Constitutional Law
  • June 19, 2026

    RE: GUN RIGHTS FOR MARIJUANA USERS

    A federal statute, 18 U.S.C. § 922(g)(3), has been construed by the federal Justice Department to prohibit a person who regularly and frequently uses marijuana in violation of the law, but without any other illegal misconduct, from keeping a firearm in his or her home. In United States v. Hemani, U.S. Sup.Ct.Slip Op. of June… Continue reading

    Constitutional Law
    Second Amendment
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ABOUT THIS SITE

In the case of Marbury v. Madison, Vol.5 U.S. Reports, p.137 (1803), the United States Supreme Court ruled that “a law repugnant to the constitution is void.” 5 U.S. at p.180. The Court based that ruling on arguments made by one of the original Constitution’s draftsmen, Alexander Hamilton, in Federalist Paper No.78  (published in 1788). Hamilton argued that the document he was then promoting to become the federal “Constitution” would require the “courts” . . . “to declare all acts contrary to the manifest tenor of the Constitution void.” In other words, Hamilton, and later the Supreme Court  argued that whenever the text or the purpose of an ordinary statute irreconcilably contradicts the text or opposes the clear purpose of the Constitution, the Constitution must prevail and the subordinate statute must be declared void. Today, the Supreme Court no longer follows these original standards for the judicial review of the validity of statutory enactments. At this site, I offer my understanding of how they should apply to modern issues of Constitutional Law. Supporting and opposing comments are welcome here, as long as they are relevant and civil.

Dan D. Rhea 

  • RE: Capturing “Aliens”
  • RE: Follow-up On The New Round of Tariffs
  • RE: A New Round of Tariffs
  • RE: Semi-Automatic Rifles and the 2d Amendment
  • RE: Geofence Warrants


Recent Posts

  • RE: Capturing “Aliens”
  • RE: Follow-up On The New Round of Tariffs
  • RE: A New Round of Tariffs

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