Constitutional Daily

Founding Principles

The Tenure Paradox - Robot pimp

Slap on the Wrist for "Non-Consensual Sex" - Lampshade, Esq.

Intelligence: The Gathering - Graphic and Gratuitous

Grads are the New Illegals - Robot Pimp

Meet Entitlement Eric - Robot Pimp

Wherein I Solve World Peace - Lampshade, Esq.

A Necessary Delusion - Shadow Hand

Do you even need to shave overhead? - Lawyerlite

LSAT Jenga - Publius Picasso

Time, Place, and Manner

...Should have some links here or something.


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We here at Constitutional Daily are proud to introduce our brand new marketing, practice, and technology column, Lawyerlite.

You can check out our fist article here: How to Start a Solo Law Practice for $49.99.

Ex-Judge Roy Moore Wrong on Supreme Law of the Land

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On the web page for his Presidential exploratory committee, Roy Moore discusses his position on several important issues, and among them is the role of the Constitution:

"As a former judge and Chief Justice of the Alabama Supreme Court, I know that the Constitution of the United States is the Supreme Law of the Land, and all officials, state and federal, legislative, executive and judicial, are bound thereby."

If a layman said this, it would be no big deal. Close enough to true. But, as a former judge and Chief Justice of the Alabama Supreme Court, Roy Moore ought to know that the Constitution is not actually the Supreme Law of the Land.  It is a Supreme Law of the Land, but not the Supreme Law of the Land. Under Article VI, it shares that honor with a few other fellows:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Roy Moore is an avid zealot against judge-made law, but note that Article VI doesn't specify what is meant by the "Laws of the United States."  This could mean statutory law, the laws passed by Congress.  But, a plain reading of the text does not give any real reason to believe it does not equally apply to the common law that evolves out of the courts.

[Roy More Exploratory Committee]

[Hat tip to Prof Samuel Brunson (Loyola) who noted the US citizenship test makes the same error.]

Michigan Police Know You Suck at Angry Birds

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Police in Michigan have been utilizing a powerful new electronic search tool, the CelleBrite UFED.  This device can be hooked up to virtually any cell phone, and extract every bit of data on it, all in about 90 seconds.  Contacts, call logs, text messages, pictures, and even geotags and GPS tracking data.

But, what is perhaps causing the most alarm is the way in which the device is allegedly being used, for collecting data on people stopped by minor traffic violations.

The ACLU had filed a Freedom of Information Act request, asking for logs about how the devices were used.  The Michigan state police have responded by demanding $544,680 to cover the cost of providing the records.

The CelleBrite can defeat many cell phone password protections, and even restore deleted data.

[The Newspaper]

Judge Napolitano on Marijuana

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Former New Jersey Superior Court Judge, and current Fox News analyst, Andrew Napolitano spoke out on Monday about medical marijuana:

For those of you unable to watch, here's the gist of his position:

"While I believe all marijuana should be legal in private, what is baffling beyond belief is the amount of ardent opposition to medical marijuana use. It is a godsend for those suffering from horrible diseases like glaucoma, employment, and not thinking that the government is out to steal the $14.35 left in your savings account."

[Daily Bail]

Page 270 of 342

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