Davidson County Judge Hamilton “Kip” Gayden ruled last week that the Tennessee Judicial Performance Evaluation Commission, a panel set up to review the performance of Tennessee’s appellate judges, was unconstitutional because its members did not “approximate the population of the state with respect to race and gender,” as required by state law. However, Judge Gayden
“We are witnessing today a tremendous and ominous expansion of preventive law in the area of civil liberties. More and more, our controls are being devised not as punishment for actual wrongful conduct, but with a view to preventing future evils by a series of restrictions and qualifications that seriously jeopardize freedom of expression.” Thomas
An interesting juxtaposition of developments trailing one of the biggest news stories of 2013 reinforces just how convoluted the whole situation is and likely will be for the foreseeable future: First, to the surprise of few (and the dismay of more), the White House yesterday confirmed it is not considering amnesty for Edward Snowden, the
The Unconstitutional Conditions Doctrine advances the rights granted by the Constitution by preventing the government from coercing people into giving them up. Recently, in Williamson County Circuit Court, a Nashville attorney argued that the request for a blood sample following a traffic stop of a driver suspected of DUI presented an Unconstitutional Conditions issue on
Following the approval of a nativity display in Florida’s State Capitol rotunda–an area designated as a ‘public forum’–Chaz Stevens obtained approval to display a Festivus Pole also on the grounds. Constructed of empty Pabst Blue Ribbon Beer Cans and PVC pipe, the minimalistic monument is a reference to the holiday “Festivus” in the popular ’90s
“You say you’ll change the constitution, well you know, we all want to change your head.” —The Beatles, “Revolution 1” (Lennon/McCartney) Constitutional amendments don’t come easy, and that is the way it was intended. The first ten amendments, or the Bill of Rights, were enacted in December 1791, less than 3 years after the Constitution