Category: Constitutional Law
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When Two Worlds Collide: Evaluating Free Speech and National Security Claims around Trump’s WeChat Ban
By Nalin Ranjan — Immigrants have come a long way from hopelessly striving toward the 20th-century ideal of full assimilation into American society. Descendants of Jewish immigrants, whom many believed could not be trusted, can now proudly take credit for…
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National Popular Vote: Circumventing the United States Constitution
By Alexandra Orbuch — In 2016, Donald Trump became President of the United States after winning a majority of electors (he won 304 electoral votes, surpassing the necessary 270 votes) but losing the popular vote to Hillary Clinton. For reference, the…
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The Attractive Non-Sequitur of Democracy and Distrust
By JC Martinez — When it comes to interpreting the Constitution, there is a critical and possibly irresolvable dilemma which lies at the crux of countless arguments: should justices remain rigidly faithful to the original intent of the document’s writers…
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The U.S. Criminal Justice System Needs to Start Treating Children Like Children
By Bianca Ortiz-Miskimen — On any given day, tens of thousands of incarcerated children are forced to eat, sleep, and learn in juvenile detention centers and adult prisons across the United States. News stories of children being charged for harmless…
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Tyranny of the Minority: The Unconstitutionality of the Filibuster
By Madeleine Polubinski — In recent years, congressional gridlock has focused national attention on the Senate’s filibuster. The filibuster is the process by which a minority of senators delay or prevent a vote on legislation by speaking as long as…
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Affirmative Action Admissions Regimes are Unconstitutional: Strict Scrutiny Should Mean Something
By Myles McKnight & Benjamin Edelson — Harvard’s affirmative action saga continues, or so we hope. After losses in the Federal District Court and the First Circuit Court of Appeals, the non-profit group seeking to do away with Harvard’s race-obsessed…
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Making the Case for Trump’s January 6th Speech as Incitement
By Beck Reiferson — On January 12th, Alan Dershowitz, Professor Emeritus at Harvard Law School and one of the nation’s most prominent attorneys, published an op-ed in the publication Newsweek in which he argued against the second impeachment of President…
