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CONSTITUTIONAL INTERPRETATIONS

CONSTITUTIONAL INTERPRETATIONS


  • June 15, 2026

    RE: TRANSGENDERED ENTRY INTO SCHOOL SPORTS

    West Virginia, like many other states, helps sponsor girls’ sports teams at its schools, and like many other states, West Virginia bars transgender girls (i.e., individuals born as boys, but who now identify as girls[1]) from participating in school-sponsored sports activities for girls. The United States Supreme Court will soon decide whether that kind of… Continue reading

    Constitutional Law
    The Equal Protection Clause
  • June 5, 2026

    TENNESSEE’S ILLEGAL REAPPORTIONMENT

    Operating on the theory that the recent Supreme Court case of Louisiana v Callais (decided April 29, 2026) gives a free pass to state legislatures to engage in partisan “gerrymandering” of Congressional districts regardless of any other laws that govern Congressional district-making, the Tennessee legislature enacted a Congressional map splitting the black majority voting population… Continue reading

    Constitutional Law
    Dilution of Racial Majorities, Fifteenth Amendment
  • May 29, 2026

    GUN RIGHTS VS. PROPERTY RIGHTS

    The United States Supreme Court will soon decide whether the Second Amendment’s “Right to Keep and Bear Arms” includes a gun owner’s right to carry his gun onto private property that is “open to the public,” when the property owner has not given his express permission for anyone to carry a gun there. SeeWolford v.… Continue reading

    Constitutional Law
    Second Amendment
  • May 22, 2026

    “THE ANTI-WEAPONIZATION FUND”

    On May 18, 2026, the Trump Administration announced the formation of the so-called “Anti-Weaponization Fund.” According to the Administration, the so-called “Fund” will distribute public money to people or entities claiming to be a past target or “victim” of “lawfare and weaponization” by government for “improper and unlawful political, personal, or ideological reasons.”[1] Claims will… Continue reading

    Constitutional Law
    Separation of Powers
  • May 14, 2026

    THE REPUNGNANCY OF TENNESSEE’S NEW CONGRESSIONAL DISTRICTS

    On May 8, 2026, the Tennessee General Assembly enacted a law to dilute the collective voting power of the black residents of Tennessee’s Ninth Congressional District. The legislature did so by dividing the District up and then redistributing its divided population into three separate Congressional Districts, each one lying far beyond the Ninth District’s original… Continue reading

    Constitutional Law
    Proportional Representation
  • May 8, 2026

    PARTISAN GERRYMANDERING OF CONGRESSIONAL DISTRICTS

    Hidden beneath the veneer of the Supreme Court’s recent redistricting case, Louisiana v. Callais, Sup.Ct. Slip Opinion of April 29, 2026, lies a pernicious heresy of Constitutional Law. In an earlier redistricting case, the Republican controlled state legislature of Texas redrew that state’s Congressional districts in an admitted effort to win more Republican seats in… Continue reading

    Constitutional Law
    Good Faith Redistricting
  • May 1, 2026

    RE: STATUTES REPUGNANT TO THE CONSTITUTION

    I live in East Tennessee, where Republican voters have predominated elections since the Civil War. That means that many officials in East Tennessee are elected in the Republican primary election, because the Democrats frequently do not offer any candidates in their primary elections. The situation was reversed where, and when, I grew up in Kentucky.… Continue reading

    Constitutional Law
    Tennessee Primary Elections
  • April 24, 2026

    RE: ARRESTS WITHOUT WARRANTS

    In District of Columbia v. R.W., Sup.Ct.Slip Op. of April 20, 2026, the Supreme Court of the United States reaffirmed its interpretation of the Fourth Amendment to the United States Constitution that a police officer may temporarily arrest a person without an arrest warrant, if the officer has a “reasonable suspicion,” based upon the “totality… Continue reading

    Constitutional Law
    Fourth Amendment, Searches and Seizures
  • April 17, 2026

    RE: A CHARITY’S RIGHT OF DONOR PRIVACY?

    According to the United States Supreme Court, charitable organizations have a Constitutional right, under the First and Fourteenth Amendments, to keep the identities of their donors secret from state investigators, except to the extent that the state can show that the donor information is necessary for law enforcement purposes.[1] Now pending before the Court is… Continue reading

    Constitutional Law
    First Amendment, Freedom of Association
  • April 10, 2026

    RE: THE RIGHT(?) TO OPPOSE AN LGBT LIFESTYLE

    In an eight-to-one vote, the United States Supreme Court has ruled that state prohibitions of “conversion therapy” addressed to teenage or younger clients by state-licensed mental health professionals are probably unconstitutional. For the purpose of this ruling, “conversion therapy” is counseling intended to discourage homosexuals or transgender individuals from embracing their sexual proclivities. The Court… Continue reading

    Constitutional Law
    Freedom of Speech
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ABOUT THIS SITE

Here, I offer a weekly column on Constitutional Law. My purpose here is to advocate for a complete return to the historical principle that an act by the government that is “repugnant” to the federal Constitution is or else should be “void.” Responsive, but civil, and signed opinions are welcome here and will be published on request.

ABOUT THE WRITER

I am a retired lawyer with forty-two years of experience in civil litigation. I have a Doctor of Jurisprudence degree from the University of Tennessee and a Bachelor of Arts degree from the University of Kentucky. Between schools, I worked full time as a newspaper reporter for the Middlesboro, Kentucky Daily News.

Dan D. Rhea 

  • RE: TRANSGENDERED ENTRY INTO SCHOOL SPORTS
  • TENNESSEE’S ILLEGAL REAPPORTIONMENT
  • GUN RIGHTS VS. PROPERTY RIGHTS
  • “THE ANTI-WEAPONIZATION FUND”
  • THE REPUNGNANCY OF TENNESSEE’S NEW CONGRESSIONAL DISTRICTS


Recent Posts

  • RE: TRANSGENDERED ENTRY INTO SCHOOL SPORTS
  • TENNESSEE’S ILLEGAL REAPPORTIONMENT
  • GUN RIGHTS VS. PROPERTY RIGHTS

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